Centre weighs Article 371(K) for Ladakh with elected UT body to protect land and culture

The Central Government is weighing the introduction of Article 371(K) to grant the Union Territory of Ladakh enhanced constitutional safeguards and a dedicated elected body with legislative and financial powers. This proposal emerges as a potential compromise to address long-standing demands from the region's political leadership for greater autonomy and protection of local interests.

Currently, the Indian Constitution includes special provisions under Article 371 through 371J for various states. Article 371(K) does not yet exist; its creation would require a formal constitutional amendment. The proposed provision aims to secure Ladakh’s land, culture, heritage, and natural resources, effectively shielding them from external interference.

Since the Jammu and Kashmir Reorganisation Act of 2019 stripped Ladakh of its legislative assembly, the region has been administered directly through the Lieutenant Governor and the UT administration. This structural shift triggered widespread protests, with groups like the Leh Apex Body and the Kargil Democratic Alliance (KDA) demanding statehood or protection under the Sixth Schedule.

The proposed framework suggests a new, directly elected UT-level body situated above the existing Ladakh Autonomous Hill Development Councils (LAHDCs). According to Chief Secretary Ashish Kundra, representatives have already agreed that members of this body should be elected via direct constituencies rather than nominated through the hill councils. This would create a three-tier governance structure: Panchayats at the base, LAHDCs in the middle, and the new UT-level body at the top.

While the Sixth Schedule provides a standard template for tribal autonomy, an Article 371-style provision allows the Centre to tailor safeguards specifically to Ladakh's unique geography and demographics, similar to the protections granted to Nagaland (371A) and Mizoram (371G). However, the specific distribution of executive and financial powers between the new body, the LG, and the Union Government remains a point of negotiation.

The outcome of these talks is critical for the fragile Himalayan region, where local residents fear that without constitutional shields, their land and employment opportunities will be vulnerable to outside commercial interests. The next round of discussions is scheduled for October, by which time the government expects to have an advanced draft of the Constitutional Amendment Bill.