Sixth Schedule of the Constitution: What It Means and Why Ladakh Is Demanding Inclusion

Leh: The Union Territory of Ladakh has been witnessing protests over demands for statehood by a section of young people led by the Leh Apex Body (LAB). The agitators, apart from the statehood demand, also called for the inclusion of the region into the Sixth Schedule of the Constitution. The Leh Apex Body warned the administration that public patience was wearing thin when the agitation turned violent, resulting in the death of four people. Activist Sonam Wangchuk, who was also protesting under the umbrella of the Leh Apex Body and on a hunger strike, ended his agitation after the protests turned violent. Meanwhile, the Leh Apex Body and the Kargil Democratic Alliance (KDA) have been holding discussions with the Centre over their demands, which

they have been pursuing for over four years. The next round of discussions between the agitating bodies in Ladakh and the Centre will take place on October 6.

What is the Sixth Schedule of the Constitution?

• The Sixth Schedule of the Indian Constitution lays down provisions to administer tribal areas in four states including Assam, Meghalaya, Tripura, and Mizoram and gives powers to local communities, especially tribals, to govern these regions.
• The Sixth Schedule allows the establishment of autonomous councils who have legislative, judicial, executive, and financial powers to govern these regions independently.
• The sole purpose of the Sixth Schedule is to protect the tribal population through autonomous governance.
• At present, there are 10 autonomous councils, including three each in Assam, Meghalaya, and Mizoram, and one in Tripura.

https://www.youtube.com/watch?v=f6hcW8SixIs

What is the role of the Autonomous District Council?

• An Autonomous District Council is set up for each autonomous district, while Regional Councils (RCs) are established where there is a significant population of other tribes.
• The Governor can further divide these areas inhabited by certain tribes into autonomous regions.

https://www.youtube.com/watch?v=HOiBg0Rv4lw

Does the Sixth Schedule Provide Any Special Powers? The Sixth Schedule provides legislative, judicial, executive, and financial powers to Autonomous District Councils or Regional Councils, which are the governing bodies in Assam, Meghalaya, Tripura, and Mizoram. These autonomous powers act as a safeguard to preserve tribal culture and ensure development. The councils are authorised to make decisions on land use, conservation, welfare, and cultural preservation. ADCs or RCs, with the Governor’s approval, are authorised to make laws on local governance related to land, water, agriculture, and village communities. They are also empowered to legislate on police and health matters. These bodies decide on the appointment of village chiefs, inheritance, marriage, and social customs. The Autonomous District Councils or RCs have the authority to appoint members and presiding officers for village councils or courts, as well as to resolve legal disputes among Scheduled Tribes. They can supersede state courts with specific exemptions. These councils -- ADCs or RCs -- also have the power to set up separate courts or act as one within their jurisdiction to review decisions and outcomes of legal cases. ADCs and RCs have executive powers to construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads, road transport, waterways among other utilities. The councils also handle administrative functions like agriculture, community projects, cooperative societies, social welfare, and village planning.

Why Ladakh Wants Its Inclusion in the Sixth Schedule?

Ladakh, which was separated from Jammu and Kashmir in 2019 and made into a separate Union Territory when the government abrogated Article 370, wants its inclusion in the Sixth Schedule to have its say in laws, development, and protecting its unique environment and tribal culture in the region.It’s a fact that 97 per cent of the region’s population is tribal.