MHA proposes new Chapter ‘K’ under Article 371 for Ladakh, Pg11

Key Highlights:

• The Ministry of Home Affairs (MHA) has proposed a new Chapter K under Article 371 of the Constitution for the Union Territory of Ladakh.
• This proposal aims to establish an elected body for Ladakh with legislative powers over specific subjects.
• Civil society groups, including the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA), expressed disappointment over the lack of a detailed draft proposal.
• Ladakh's representatives are demanding statehood, tribal status, and the withdrawal of criminal cases against protesters from September 2025.

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Detailed Insights:

• The proposed elected body for Ladakh would have legislative powers concerning land, culture, language, forest, environment, natural resources, and subjects reserved under Article 240.
• This framework is described as a "sui-generis model of governance," implying a unique and tailored administrative structure for the region.
• Ladakh became a Union Territory (UT) without a legislative assembly in 2019, following the abrogation of Article 370 which removed its special status as part of the erstwhile Jammu and Kashmir.
• Article 371 currently provides special provisions for 12 states, with existing chapters ranging from A to J.
• The LAB and KDA urged the MHA to ensure the Lieutenant-Governor does not make major decisions until constitutional safeguards are enacted, and pressed for legislation in the upcoming Winter Session.
• They also sought compensation for victims of the September 2025 violence in Leh and the withdrawal of cases against 80 individuals involved in protests.

Key Concepts Involved:

• Article 371: A constitutional provision allowing for special arrangements for certain states to protect their unique cultural, social, and economic interests.
• Union Territory (UT): An administrative division in India directly governed by the central government.
• Article 240: Empowers the President of India to make regulations for the peace, progress, and good government of certain Union Territories.
• Sixth Schedule: A constitutional provision that allows for the formation of autonomous administrative divisions in some tribal areas of North-Eastern states, providing for greater self-governance.