Paper: GS-II, Subject: Polity, Topic: Federalism, Issue: Special Constitutional Provisions for Ladakh under Article 371K
Context
The Union government has proposed a new Article 371K to provide special constitutional safeguards for Ladakh. The proposal follows discussions with representatives of the Leh Apex Body and Kargil Democratic Alliance and envisages a directly elected UT-level governing body. However, its exact powers and structure are still under negotiation.
Understanding Article 371
Why does it exist?
- Article 371 and Articles 371A–371J provide special arrangements for particular States because India’s regions entered the Union with different historical, tribal, cultural, administrative and developmental circumstances.
- Thus, instead of imposing identical arrangements everywhere, the Constitution allows region-specific safeguards — an example of India’s asymmetrical federalism.
- These provisions may protect customary laws and land, improve political representation, or address regional developmental inequalities.
Different States, Different Safeguards
1. Protection of Identity and Resources
- Nagaland – Article 371A: Parliamentary laws relating to Naga religious/social practices, customary law, administration of justice according to customary law, and ownership and transfer of land and resources generally require approval of the State Assembly.
- Mizoram – Article 371G: Provides similar safeguards concerning Mizo customs, customary law and land.
2. Tribal and Regional Representation
- Assam – Article 371B: Provides for a special Assembly committee representing specified tribal areas.
- Manipur – Article 371C: Provides for a Hill Areas Committee and a special responsibility for the Governor regarding hill areas.
3. Regional Development and Equality
- Maharashtra and Gujarat – Article 371: Allows special development arrangements for regions such as Vidarbha, Marathwada, Saurashtra and Kutch.
- Andhra Pradesh/Telangana – Article 371D: Seeks equitable opportunities in public employment and education.
- Karnataka – Article 371J: Provides special developmental measures for the Kalyana Karnataka region.
4. Integration and Administration
- Sikkim – Article 371F: Created special transitional safeguards following Sikkim’s integration into India.
- Arunachal Pradesh – Article 371H: Gives the Governor special responsibility concerning law and order.
- Goa – Article 371I: Requires its Legislative Assembly to have at least 30 members.
Why is Ladakh Seeking Article 371K?
After becoming a Union Territory without a legislature in 2019, concerns grew regarding local political representation and protection of land, employment, culture, language, environment and natural resources. Ladakh currently has elected Hill Councils in Leh and Kargil, but demands have continued for stronger constitutional and democratic safeguards.
Conclusion
The evolution of Article 371 shows how the Constitution has used flexible, region-specific arrangements within the Union. A possible Article 371K would extend this approach to Ladakh in a novel UT setting; its significance will ultimately depend on the actual powers, protections and democratic accountability provided by the final arrangement.
Source: (The Indian Express)
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