Ladakh Under Sixth Schedule

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

Ladakh Under Sixth Schedule

drishtiias.com/printpdf/ladakh-under-sixth-schedule

The National Commission for Scheduled Tribes (NCST) has recommended that the Union
Territory (UT) of Ladakh be included in the Sixth Schedule of the Constitution.

NCST, a constitutional body to safeguard socio-cultural rights of Scheduled Tribes, was


entrusted with the responsibility of examining the status of tribals in Ladakh, by the Centre.
If included, Ladakh will be the only UT in the Sixth Schedule. Also, bestowing such
a status to Ladakh would require a constitutional amendment.

Reasons Behind the Recommendation


It is estimated that more than 90% of Ladakh’s population is tribal. The primary
Scheduled Tribes (STs) in Ladakh are Balti Beda, Bot (or Boto), Brokpa (or
Drokpa, Dard, Shin), Changpa, Garra, Mon and Purigpa.
Thereby several distinct cultural heritages of these communities in Ladakh
region needs to be preserved and promoted.
Prior to the creation of Union Territory of Ladakh, people in Ladakh region had
certain agrarian rights including right on land which restricted people from other parts of
the country to purchase or acquire land in Ladakh.
Inclusion in the sixth schedule will help in democratic devolution of powers in the
region and will also enhance the transfer of funds for speedy development of the region.

Sixth Schedule
The Constitution, under Sixth Schedule, contains special provisions for the
administration of tribal areas in the four north-eastern states of Assam,
Meghalaya, Tripura and Mizoram.

1/3
Autonomous Districts: The tribal areas in these four states have been constituted as
autonomous districts. The governor is empowered to organise and re-organise the
autonomous districts.
The acts of Parliament or the state legislature do not apply to autonomous districts or
apply with specified modifications and exceptions.
The power of direction, in this regard, lies either with the President or Governor.
District Council: Each autonomous district has a district council consisting of 30
members, of whom four are nominated by the Governor and the remaining 26 are
elected on the basis of adult franchise.
The elected members hold office for a term of five years (unless the council is dissolved
earlier) and nominated members hold office during the pleasure of the governor.
Each autonomous region also has a separate regional council.
Powers of the Council: The district and regional councils administer the areas under their
jurisdiction.
They can make laws on certain specified matters like land, forests, canal
water, shifting cultivation, village administration, the inheritance of property,
marriage and divorce, social customs and so on. But all such laws require the
assent of the Governor.
They can constitute village councils or courts for trial of suits and cases
between the tribes. They hear appeals from them. The jurisdiction of the high court
over these suits and cases is specified by the governor.
The district council can establish, construct or manage primary schools, dispensaries,
markets, ferries, fisheries, roads and so on in the district.
They are empowered to assess and collect land revenue and to impose certain
specified taxes.

National Commission for Scheduled Tribes


Formation: The National Commission for Scheduled Tribes (NCST) was established by
amending Article 338 and inserting a new Article 338A in the Constitution through the
Constitution (89th Amendment) Act, 2003.
By this amendment, the erstwhile National Commission for Scheduled Castes and
Scheduled Tribes was replaced by two separate Commissions namely- the National
Commission for Scheduled Castes (NCSC), and the National Commission for Scheduled
Tribes (NCST) w.e.f. 19th February 2004.
Composition: The National Commission for Scheduled Tribes has a Chairperson, a
Vice-Chairperson and 3 other Members. These are are appointed by the President by
warrant under his hand and seal.
One of the three other Members has to be a woman.
The Vice-Chairperson and all other Members, out of whom at least two are appointed
from amongst persons belonging to the Scheduled Tribes.
Term of Office:
The term of office of each member of the Commission is three years from the date of
assumption of charge.
The members are not eligible for appointment for more than two terms.

2/3
Functions:
To monitor all matters relating to the safeguards provided for the Scheduled Tribes
under the Constitution or under any other law or under any order of the Government
To participate and advise on the planning process of socio-economic development of
the Scheduled Tribes,
To evaluate the progress of their development under the Union and any State,
To present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards.
Headquarters: New Delhi.

Source: PIB

3/3

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy