MHA Draft On Ladakh Demands: Elected Body's Laws Need L-G Nod, Pg9

Key Highlights:

• The Ministry of Home Affairs (MHA) has drafted a governance framework for Ladakh, proposing an elected body whose laws would require the Lieutenant Governor (LG)'s assent.
• The draft suggests granting constitutional status to a Union Territory (UT)-level elected body through a new Article 371K, with its functions provided via a Presidential regulation under Article 240.
• Ladakh leaders, represented by the Apex Body Leh (ABL), have rejected the draft, stating it significantly deviates from earlier agreements for a body with "executive, financial and legislative powers" and constitutional safeguards.
• Key points of contention include the LG's power to assent laws and remove members, the limited scope of law-making to "regulations," and the lack of protection against Central laws similar to Article 371A for Nagaland.
• The draft was released by ABL chairman Chering Dorjay Lakrook amid public speculation and uncertainty in negotiations, with a scheduled meeting on October 22 failing to take place.

Detailed Insights:

• The MHA draft proposes a "sui generis" (unique) model for Ladakh, aiming to create a UT-level body with constitutional status.
• However, the draft limits the elected body's law-making authority to "regulations" on specific subjects, rather than granting full legislative competence over the State List.
• The LG would have oversight powers, including the ability to remove elected members for reasons like conviction or conflict of interest.
• Ladakh leaders had previously agreed with the MHA on establishing an elected body with "executive, financial and legislative powers" and constitutional safeguards through Article 371K.
• A major disagreement exists over bureaucratic control; Ladakh seeks control over transfers, postings, and a separate cadre, while the MHA draft proposes a Chief Executive Secretary.
• Ladakh representatives seek constitutional protection for subjects like land, natural resources, domicile, public employment, education, culture, and languages, requiring parliamentary consent for Central laws to apply.
• This demand is inspired by Article 371A for Nagaland, which restricts the application of parliamentary acts on specific matters without the State Legislative Assembly's resolution.
• The MHA draft explicitly states that Central laws would continue to apply to Ladakh, and the elected body's regulations would not affect the powers of Parliament or the Central Government.
• The proposed Article 371K would require a constitutional amendment, while the body's composition and powers would be detailed through a Presidential regulation under Article 240.
• Article 240 empowers the President to make regulations for certain Union Territories, which have the same force as Acts of Parliament.

Key Concepts Involved:

• Union Territory (UT): An administrative division in India directly governed by the Union Government.
• Lieutenant Governor (LG): The administrator of a Union Territory, appointed by the President of India.
• Article 371K: A proposed constitutional provision to provide special governance arrangements and safeguards for Ladakh.
• Article 240: Empowers the President to make regulations for the peace, progress, and good governance of certain Union Territories.
• Article 371A: A special provision for Nagaland, protecting its religious, social practices, customary law, and land ownership from parliamentary acts without state assembly consent.