Centre finalising Article 371 framework for Ladakh, says Rijiju
The Union government stated it is finalising a framework of special constitutional provisions for the Union Territory of Ladakh under Article 371 of the Constitution
The move is described as an "exceptional case," with the Ministry of Home Affairs reported to be working towards extending such provisions to Ladakh
The stated aim is to protect the region's culture, land, traditional livelihoods, and local governance structures
Ladakh's administrative map has been expanded from two districts (Leh and Kargil) to seven districts as part of the broader restructuring accompanying this process
Articles 371 to 371J — Special Provisions for Certain States
Part XXI of the Constitution ("Temporary, Transitional and Special Provisions") contains Articles 371 to 371J, which give twelve states tailored constitutional arrangements addressing their distinct historical, cultural, or administrative circumstances. Unlike Article 370 (which conferred a broader special status on Jammu & Kashmir and has since been repealed), these provisions are narrower and vary widely from state to state — some protect customary law, others create development boards or job/education reservations for specific regions.
Key Details
- States/provisions covered: Maharashtra and Gujarat (Art. 371 — Governor's special responsibility for development boards in Vidarbha, Marathwada, Saurashtra, Kutch); Nagaland (371A — Naga customary law and land ownership protected from Parliamentary legislation); Assam (371B); Manipur (371C); Andhra Pradesh/Telangana (371D/371E); Sikkim (371F); Mizoram (371G); Arunachal Pradesh (371H); Goa (371I); Karnataka (371J — Hyderabad-Karnataka region)
- Article 371A (Nagaland) is the most protective model: no Act of Parliament applies to Naga religious/social practices, customary law, or ownership/transfer of land and resources without the state Assembly's concurrence
- These provisions were inserted at different times via separate constitutional amendments tied to each state's formation or reorganisation, not through a single uniform amendment
A "371-type" arrangement for Ladakh would be a new addition to this family of state-specific provisions, most likely modelled on protective clauses (such as Nagaland's Article 371A land/culture protections) rather than the developmental-board model of Maharashtra-Gujarat.
Ladakh's Constitutional Status Since 2019
Ladakh became a Union Territory without a legislature on October 31, 2019, when the Jammu and Kashmir Reorganisation Act, 2019 (enacted August 2019) bifurcated the former state of Jammu & Kashmir into two Union Territories — Jammu & Kashmir (with a legislature) and Ladakh (without one). This followed the abrogation of Article 370's special status for the undivided state.
Key Details
- Ladakh is currently administered directly by the Centre through a Lieutenant Governor, with no elected state/UT legislature of its own
- Local governance operates through the Ladakh Autonomous Hill Development Councils (LAHDCs) at Leh and Kargil, which have limited executive powers (e.g., land allotment, local tax collection) but no legislative or constitutional protection comparable to the Sixth Schedule
- A section of the local population has demanded inclusion under the Sixth Schedule (for full tribal self-governance) given Ladakh's over 95% tribal population; the National Commission for Scheduled Tribes (NCST) has recommended this
The Article 371 route is being discussed partly as an alternative to the Sixth Schedule demand — offering constitutional safeguards for land and culture without necessarily creating the autonomous district councils with legislative/judicial powers that Sixth Schedule status would require.
Sixth Schedule vs Article 371 — Two Different Models of Regional Protection
Students often conflate the Sixth Schedule (Articles 244(2) and 275(1)) with Article 371-type provisions, but they are structurally different tools for protecting distinct regions.
Key Details
- The Sixth Schedule applies to tribal areas of Assam, Meghalaya, Tripura, and Mizoram, creating Autonomous District Councils with powers to make laws on land, forests, and local customs, and their own courts for certain disputes
- Article 371-type provisions, by contrast, do not create a separate elected council with law-making power; they instead restrict Parliament's ordinary legislative reach over specified subjects (as in Nagaland) or mandate specific development/reservation mechanisms (as in Karnataka's 371J)
- Ladakh's existing LAHDCs are statutory bodies (created by a Jammu & Kashmir-era Act, continued after 2019), not constitutional bodies under the Sixth Schedule
Whichever safeguard Ladakh ultimately receives, the choice between a Sixth Schedule-style autonomous council and an Article 371-style protective clause has different implications for legislative autonomy, land protection, and local self-governance — a distinction useful for the Polity syllabus on federalism and regional autonomy.
- Articles 371 to 371J (Part XXI) currently cover 12 states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka
- Ladakh became a Union Territory without a legislature on October 31, 2019, under the Jammu and Kashmir Reorganisation Act, 2019
- Ladakh's local governance: two Ladakh Autonomous Hill Development Councils (Leh and Kargil); administrative districts expanded from 2 to 7
- Sixth Schedule (Articles 244(2), 275(1)) currently applies to autonomous tribal areas in Assam, Meghalaya, Tripura, and Mizoram
- NCST has recommended Sixth Schedule inclusion for Ladakh, citing its over 95% tribal population
- Article 371A (Nagaland) remains the most protective model among the 371-series, barring Parliament from legislating on Naga customary law and land without state Assembly concurrence