MHA proposes new Chapter K under Article 371 for Ladakh
The Ministry of Home Affairs has proposed a new "Chapter K" drawing on the framework of Article 371 as a customised (sui generis) self-governance model for the Union Territory of Ladakh, in place of the long-standing demand for Sixth Schedule status
The proposal envisages an elected Union Territory-level legislative body, moving Ladakh away from a purely bureaucrat-administered UT
Other elements under discussion include a separate Ladakh Public Service Commission for local job reservation and safeguards for land, employment and cultural identity
Civil society representatives who attended the meeting with the Centre said they wish to examine a formal written draft proposal before responding
The Ministry is expected to prepare a detailed draft incorporating suggestions from Ladakh's civil society bodies ahead of further rounds of talks
Article 371 series — Special Provisions for Certain States
Articles 371 to 371J form a set of special provisions inserted into the Constitution for specific states, tailored to each state's unique historical, social or administrative context — ranging from protection of land and customary law to special development boards and legislative safeguards for particular regions. They were added through individual constitutional amendments as new states were formed or reorganised, not as a single uniform scheme.
Key Details
- Article 371A (Nagaland) bars Parliament from legislating on Naga religious and social practices, customary law, land and resource ownership without the state Assembly's consent
- Article 371C (Manipur, inserted 1972) provides for a committee of legislators from the Hill Areas and a special gubernatorial reporting duty to the President
- Article 371F (Sikkim) protects existing laws, customs and rights of the Sikkimese people following Sikkim's accession in 1975
- Article 371G (Mizoram) protects Mizo customary law and requires a minimum Assembly strength; Parliament cannot legislate on religious/social practices or land ownership without Assembly consent
- Twelve states currently have Article 371-series protections: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka
Since Ladakh is a Union Territory (not a state), it cannot receive a fresh lettered sub-article under 371 through ordinary legislation the way a state would; the "Chapter K" proposal is being framed as a bespoke package borrowing Article 371's design logic — protective clauses plus an elected local body — rather than a literal new constitutional article.
Sixth Schedule [Articles 244(2) and 275(1)] — the alternative Ladakh has sought
The Sixth Schedule provides for autonomous district and regional councils to administer tribal areas in Assam, Meghalaya, Tripura and Mizoram, giving elected councils legislative, judicial and executive powers over land, forests, agriculture and customary law. It is the mechanism Ladakhi civil society groups have primarily demanded since Ladakh's 2019 reorganisation as a Union Territory.
Key Details
- Enacted under Article 244(2) (application of the Schedule) and Article 275(1) (special grants-in-aid to Sixth Schedule areas)
- Currently ten Autonomous District Councils exist across Assam, Meghalaya and Mizoram (three each) and Tripura (one)
- Each council can have up to 30 members — 26 elected, 4 nominated by the Governor — with powers over land use, inheritance, forest management and customary law
- The Governor can create, alter or dissolve autonomous districts and regions within Sixth Schedule states
The Centre's proposal to use an Article 371-type framework instead of the Sixth Schedule reflects a view that the Sixth Schedule — designed for autonomous district councils within a state — does not fit a Union Territory's structure; the "Chapter K" route is being positioned as a functional substitute rather than an outright rejection of Ladakh's demand for constitutional protection.
Ladakh Autonomous Hill Development Councils (LAHDC) and UT status under the J&K Reorganisation Act, 2019
Ladakh became a Union Territory without a legislative assembly on 31 October 2019 under the Jammu and Kashmir Reorganisation Act, 2019, following the reading down of Article 370. Local governance since then has rested with two statutory (not constitutional) bodies — the LAHDCs of Leh and Kargil — whose powers are limited to development administration.
Key Details
- LAHDC Leh was established in 1995; LAHDC Kargil followed in 2003, both under the erstwhile J&K state's own Autonomous Hill Development Council Act, not the Sixth Schedule
- As a UT without a legislature (unlike the neighbouring UT of Jammu and Kashmir, which retains one under the 2019 Act), Ladakh's day-to-day administration vests in the Lieutenant Governor and central bureaucracy
- LAHDCs currently lack independent legislative or judicial power over land use, taxation or resource allocation — the gap the new elected UT-level body proposal seeks to address
The proposed elected UT-level body would sit above the existing LAHDCs, addressing the core grievance that Ladakh's 2019 reorganisation left it with weaker democratic representation than either the erstwhile state of J&K or Sixth Schedule tribal areas elsewhere.
- Ladakh became a Union Territory without legislature: 31 October 2019, under the J&K Reorganisation Act, 2019
- LAHDC Leh established: 1995; LAHDC Kargil established: 2003
- Sixth Schedule applies to: Assam, Meghalaya, Tripura, Mizoram (Articles 244(2) and 275(1))
- Autonomous District Councils under Sixth Schedule: 10 (3 each in Assam, Meghalaya, Mizoram; 1 in Tripura), up to 30 members each (26 elected, 4 nominated)
- Article 371-series special provisions currently cover 12 states, from Maharashtra/Gujarat (371) to Karnataka (371J)
- Proposal under discussion: a separate Ladakh Public Service Commission and two Parliamentary seats (Leh and Kargil) already exist for the UT