The National Commission for Scheduled Tribes (NCST) has written to the ministries of home and tribal affairs, recommending the inclusion of the Union Territory of Ladakh under the Sixth Schedule of the Constitution. The 119th meeting of the NCST was held on September 11 under the chairmanship of Nand Kumar Sai to deliberate the issue of inclusion.

Background

The issue was earlier discussed at the 118th meeting of the NCST held on August 27. This was followed by further consultations with the ministries of home affairs, tribal affairs and law & justice at a meeting on September 4.

The recommendation comes against the backdrop of growing demand from tribal communities and political leaders of Ladakh for according ‘tribal’ status to the region.

The NCST took note of the fact that the UT of Ladakh is predominantly a tribal region. The share of Scheduled Tribes (STs) in the overall population in Leh is 66.8 per cent, 73.35 per cent in Nubra, 97.05 per cent in Khalsti, 83.49 per cent in Kargil, 89.96 per cent in Sanku and 99.16 per cent in Zanskar areas of Ladakh.

The official figures, however, do not include a number of communities, including Sunni Muslims, who are claiming ST status. Taking these numbers into account, the total share of tribals in Ladakh is more than 97 per cent.

The ST communities in Ladakh include Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa, Garra, Mon and Purigpa.

The NCST noted that prior to the creation of the UT of Ladakh, locals enjoyed certain agrarian rights, including right on land, which restricted people from other parts of the country to acquire land in Ladakh. Similarly, the region has a distinct cultural heritage, which needs to be preserved and promoted.

After careful consideration, the NCST has recommended that Ladakh be brought under the Sixth Schedule of the Constitution. The commission feels that this will help in…

* Democratic devolution of powers

* Preserve and promote distinct culture of the region

* Protect agrarian rights, including land rights

* Enhance transfer of funds for speedy development of Ladakh region

Sixth Schedule

The NCST makes special provisions for the administration of tribal-dominated areas in Assam, Meghalaya, Tripura and Mizoram. As per Article 244 and Sixth Schedule, these areas are called Tribal Areas, which are technically different from Scheduled Areas under the Fifth Schedule. As of now, there are 10 such councils in the region of which Meghalaya has three - Khasi Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Garo Hills Autonomous District Council.

Fifth Schedule vas Sixth Schedule Areas

While both the areas under the Fifth Schedule and Sixth Schedule are dominated by tribals, the Constitution has different names for them - Scheduled Areas under the Fifth Schedule and Tribal Areas under the Sixth Schedule.

While the Union government’s executive powers extend to Scheduled Areas with respect to their administration, Tribal Areas remain within the state’s executive authority.

While the Fifth Schedule envisages the creation of Tribal Advisory Councils, the Sixth Schedule provides for the setting up of District Councils and Regional Councils with certain legislative and judicial powers.

Autonomous districts and regions

The governors of Assam, Meghalaya, Tripura and Mizoram are empowered to declare some tribal-dominated districts / areas as autonomous districts and autonomous regions by order. No separate legislation is needed for this. The governor also has the power to include / exclude any area, increase, decrease, diminish these areas, unite two districts / regions, and alter the names and boundaries of these autonomous districts and regions.

Articles 244 and 275 have provisions for the creation of District and Regional Councils. Each such council is empowered to administer the area under its jurisdiction.