Current Affairs · · GS2 · Polity

Ladakh's proposed Article 371K: who would govern what?

The Centre and Ladakh's representatives are discussing a new constitutional body elected across the Union Territory. It could make rules on land, culture and the environment. Article 371K is still a proposal. The main question is how power and money would be shared with the Lieutenant Governor and the Leh and Kargil Hill Councils.

Event date:

REq1
  1. Context1 / 7

    Ladakh became a separate Union Territory (UT) without a legislature on 31 October 2019. The Jammu and Kashmir Reorganisation Act, 2019 created Jammu and Kashmir as a different UT, with a legislature. The President administers Ladakh through a Lieutenant Governor.

    Before 2019, Ladakh elected members to the former Jammu and Kashmir Legislative Assembly. It now has elected Hill Councils in Leh and Kargil, but no elected body for the whole UT.

    Groups from Leh and Kargil have asked for stronger representation, protection of land and local jobs, support for languages and culture, more power for the Hill Councils, and constitutional safeguards. They have also sought Sixth Schedule protection. In September 2019, the National Commission for Scheduled Tribes recommended extending that Schedule to Ladakh. It pointed to local decision-making, culture, land rights and development.

    The Ministry of Home Affairs later began talks with the Apex Body Leh and the Kargil Democratic Alliance on these demands. The question now is whether a new Ladakh-wide elected body could fill the gap.

  2. Key highlights2 / 7

    Article 371K is a proposal. It is not part of the Constitution today.

    In September 2026, the Centre proposed a special constitutional arrangement for Ladakh. Its central idea is a directly elected body for the whole UT. Its proposed law-making subjects include land, culture, language, forests, the environment and natural resources.

    By 21 September, the talks had reached an in-principle understanding about legislative, executive, financial and planning powers. The exact division of those powers had not been settled or published.

    Ladakh's administration called the idea sui generis, meaning 'of its own kind'. It would be a custom model for Ladakh. The administration said it would neither grant Statehood nor create a conventional UT legislature. The new body's name, membership and relationship with the Lieutenant Governor and the Hill Councils remain open questions.

  3. Key concepts3 / 7

    Article 239: The President generally administers a Union Territory through an appointed administrator. In Ladakh, the administrator is the Lieutenant Governor. Parliament can give different UTs different systems. That is why Delhi, Puducherry and Ladakh do not have identical arrangements.

    Sixth Schedule and Article 244(2): The Schedule now covers specified tribal areas in Assam, Meghalaya, Tripura and Mizoram. It creates Autonomous District and Regional Councils. They can exercise specified powers over land, forests, local administration, customs and some judicial and revenue matters. Think of it as placing a decision-making room closer to local communities. The Leh and Kargil Hill Councils are not Sixth Schedule councils.

    Article 371 and asymmetry: Articles 371 and 371A–J give different States different arrangements. For example, Article 371A protects aspects of Nagaland's customary practices, customary law and land. Asymmetric federalism means that parts of one country can have different constitutional rules to meet different needs. A doctor does not give every patient the same medicine; constitutional rules can also be tailored.

    Article 368: Adding Article 371K would require a constitutional amendment. Each House must pass the Bill by a majority of its total membership and at least two-thirds of members present and voting. At least half the State legislatures must also ratify it only if the final text changes one of the federal provisions named in Article 368's proviso.

    Making rules versus carrying them out: Legislative power makes a rule. Executive power puts it into practice. A rule against building in a protected area has little effect if the elected body cannot direct officials, permits, spending or enforcement. Money and administration therefore matter alongside law-making.

  4. Way forward4 / 7

    Two constitutional routes

    Sixth Schedule: Article 244(2) and the Sixth Schedule already provide district or regional councils in specified tribal areas of four northeastern States. The Constitution lists their powers, including some law-making, administration, judicial work, taxes and revenue.

    Proposed Article 371K: This would require a new constitutional provision for Ladakh. It is being discussed as a directly elected body for the whole UT. Its subjects, administrative machinery, budget powers and links to the Leh and Kargil Hill Councils still need agreement.

    The key difference is scale: the existing Sixth Schedule works mainly through district or regional councils, while the Ladakh proposal concerns a UT-wide institution. The Sixth Schedule's present wording does not cover Ladakh, but Parliament could amend the Constitution. The National Commission for Scheduled Tribes recommended that route in 2019.

  5. Note5 / 7

    Different views in the debate

    The Apex Body Leh and Kargil Democratic Alliance have sought Statehood, Sixth Schedule safeguards, protection for local jobs and stronger democratic representation. They want to know what real powers any new body would have. An election alone would not give that body control over officials, money or planning.

    The Centre's proposed model would keep Ladakh a UT while adding a special elected body. Ladakh's administration has described protection of land, jobs, culture, heritage, natural resources and the environment as goals.

    The design must bring together local participation, protection of regional interests and Union coordination in a sensitive border area. These goals do not settle the question of who controls each decision. The outcome depends on the powers written into the final amendment.

  6. Note6 / 7

    PSIR lens: representation and real power

    A General Studies answer can explain Ladakh's status, compare the two constitutional routes and discuss governance problems. A Political Science and International Relations (PSIR) answer can go further: can different constitutional rules hold the country together while giving regions meaningful self-government?

    Diversity: Article 371 provisions, Sixth Schedule councils and different UT systems show that unity need not mean identical institutions everywhere.

    Representation: An elected body may still have little power if someone else controls staff, spending and implementation. Ask who controls each decision and resource, not only whether a body is elected.

    Capability: Local control over culture, land and development can coexist with Union control over strategic matters. A strong-sounding constitutional title has little value without money and executive capacity.

    The Ladakh talks show asymmetric federalism as a process of negotiating power among different levels of government. The final power-sharing rules will matter more than the name 'Article 371K'.

  7. Note7 / 7

    Questions the final design must answer

    Laws: Which subjects can the Ladakh-wide body regulate? Land, culture, language, forests, environment and natural resources have appeared in the talks.

    Implementation: Who will direct the officials who put those rules into effect?

    Money: Who will set the budget, approve spending, receive grants, raise revenue and answer for the accounts? Giving a household manager duties but no access to the budget leaves little room to act.

    Hill Councils: The Leh and Kargil councils already perform local work. The Ministry of Home Affairs has asked representatives how work should be shared with the proposed UT-wide body. Clear boundaries would reduce clashes between elected institutions.

    Representation: How many members and constituencies will the new body have, and how will Leh and Kargil both take part?

    Union role: Which matters will stay with the Union administration, and which will be decided locally? Until this full map of powers is published, Article 371K's practical effect remains uncertain.

Sources

Syllabus

PaperSubjectSub-topic
GS2PolityConstitution, federalism, Union Territories and local government
GS2GovernanceDevolution and democratic representation
GS3EnvironmentDevelopment in fragile Himalayan regions
PrelimsPolityArticles 239, 244 and 368; Sixth Schedule; Article 371
PSIRPolityAsymmetric federalism, political power and decentralisation

Topics

Environmental Laws, Conventions and PoliciesCentre-State RelationsConstitutional AmendmentGovernanceSchedules

Related previous-year questions

Asked in earlier UPSC Prelims papers on this topic. Answer, then check.

  1. UPSC Prelims 2012 · Polity · Schedules

    Which of the following provisions of the Constitution of India have a bearing on Education? 1. Directive Principles of State Policy. 2. Rural and Urban Local Bodies. 3. Fifth Schedule. 4. Sixth Schedule. 5. Seventh Schedule. Select the correct answer using the codes given below.

    1. 1 and 2 only
    2. 3, 4 and 5 only
    3. 1, 2 and 5 only
    4. 1, 2, 3, 4 and 5
    Show answer

    Answer: D. Correct Answer: 1, 2, 3, 4 and 5 The word “bearing” has a broad meaning here. It includes any constitutional provision that directly or indirectly affects education through rights, policy directions, administration or legislative powers. Statement-wise Explanation 1. Directive Principles of State Policy — Correct DPSPs have a clear bearing on education. Article 41 refers to education and public assistance, Article 45 deals with early childhood care and education, and Article 46 promotes the educational interests of weaker sections, especially SCs and STs. 2. Rural and Urban Local Bodies — Correct Panchayats and Municipalities also have a role in education. The 11th Schedule includes education, including primary and secondary schools, while the 12th Schedule includes promotion of educational and cultural aspects. 3. Fifth Schedule — Correct The Fifth Schedule deals with administration of Scheduled Areas. It gives special powers to the Governor, which may be used for the welfare and advancement of Scheduled Tribes, including education. 4. Sixth Schedule — Correct The Sixth Schedule applies to tribal areas in certain North-Eastern states. Autonomous District Councils can establish, construct or manage primary schools and promote education in their areas. 5. Seventh Schedule — Correct The Seventh Schedule has a direct bearing on education. Education is placed in the Concurrent List under Entry 25, allowing both Parliament and State Legislatures to make laws on it. Extra UPSC Info * Article 21A makes free and compulsory education a Fundamental Right for children aged 6 to 14 years. * Article 45 now deals with early childhood care and education for children below 6 years. * Article 46 promotes educational and economic interests of SCs, STs and other weaker sections. * Article 51A(k) makes it a Fundamental Duty of parents or guardians to provide education to children aged 6 to 14 years. * Article 350A provides for instruction in the mother tongue at the primary stage for linguistic minorities. * Education was shifted from the State List to the Concurrent List by the 42nd Constitutional Amendment Act, 1976. Final Takeaway All five provisions have a direct or indirect bearing on education, so the correct answer is 1, 2, 3, 4 and 5.

    Difficulty: medium · statement

    Open this question on its own page, with the full explanation →

  2. UPSC Prelims 2026 · Polity · Schedules

    Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India: 1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India. 2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes. 3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes. Which one of the following conclusions based on the above statements is correct?

    1. There are two correct statements, that include statement 2.
    2. There are two correct statements, that are statements 1 and 3.
    3. There is only one correct statement.
    4. All three statements are correct.
    Show answer

    Answer: A. Statement 1 is incorrect: The administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram is governed by the Sixth Schedule of the Constitution of India, not the Fifth Schedule. The Fifth Schedule of the Constitution of India applies to Scheduled Areas and Scheduled Tribes in other states of India. Statement 2 is correct: Under Section 10(26) of the Income-tax Act, 1961, certain members of Scheduled Tribes residing in specified areas of the North-East and Ladakh are granted exemption from income tax on income accruing or arising from those specified areas, and on dividend or interest income derived from securities. Statement 3 is also correct: Article 243D of the Constitution of India provides for reservation of seats in Panchayats for Scheduled Castes and Scheduled Tribes, including reservation for women belonging to these communities under clauses (3) and (4). Therefore, Statements 2 and 3 are correct. This means there are two correct statements and they include statement 2, so the answer is Option (a).

    Difficulty: medium · statement

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  3. UPSC Prelims 2022 · Polity · Schedules

    If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?

    1. This would prevent the transfer of land of tribal people to non-tribal people.
    2. This would create a local self-governing body in that area.
    3. This would convert that area into a Union Territory.
    4. The State having such areas would be declared a special Category State.
    Show answer

    Answer: A. The Indian Constitution provides autonomy to tribal areas under the Fifth and Sixth Schedules. The Fifth Schedule provides Special Provisions for Scheduled Areas. Under the Fifth Schedule, the Governor may make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area. This was further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void. The Fifth Schedule does NOT create a local self-governing body (that's the Sixth Schedule for tribal areas in NE India), does NOT convert the area into a Union Territory, and does NOT make a state a Special Category State. Hence Option (a) — This would prevent the transfer of land of tribal people to non-tribal people — is the correct answer.

    Difficulty: medium · direct

    Open this question on its own page, with the full explanation →

Practice questions

  1. With reference to the Jammu and Kashmir Reorganisation Act, 2019, consider these statements: 1. It created Ladakh as a UT without a legislature. 2. It created Jammu and Kashmir as a UT without a legislature. Which statement is correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: A. Statement 1 is correct. Section 3 created Ladakh without a legislature. Statement 2 is wrong: Jammu and Kashmir was created with a legislature.

    Difficulty: easy · statement

  2. Consider these statements about the Sixth Schedule: 1. It is linked to Article 244(2). 2. It now covers specified tribal areas in Assam, Meghalaya, Tripura and Mizoram. 3. Its Autonomous District Councils have only advisory powers. Which statements are correct?

    1. 1 only
    2. 1 and 2 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: B. Statements 1 and 2 are correct. Statement 3 is wrong because Sixth Schedule councils have specified legislative, administrative, judicial and financial powers.

    Difficulty: medium · statement

  3. For most constitutional amendments under Article 368, what majority must pass the Bill in each House of Parliament?

    1. A simple majority of members present and voting
    2. Two-thirds of the total membership
    3. A majority of the total membership and at least two-thirds of members present and voting
    4. Unanimous approval followed by approval from all States
    Show answer

    Answer: C. Both conditions in option C apply in each House. Ratification by at least half the States is required only if the amendment changes one of the specified federal provisions.

    Difficulty: medium · statement

Mains practice

Answer-writing practice on this article. Attempt it first, then open the hints.

  1. GS2 · 250 words

    Ladakh's constitutional debate concerns how legislative, executive and financial power will be shared. Discuss.

    Show hints
    1. State Ladakh's current UT status.
    2. Explain the proposed elected body.
    3. Separate law-making from implementation.
    4. Discuss money, the Lieutenant Governor and Hill Councils.
    5. Conclude with the need for clear power-sharing rules.
  2. GS2 · 250 words

    Compare the Sixth Schedule with the proposed Article 371K model for Ladakh. What does this reveal about asymmetric federalism?

    Show hints
    1. Give the present scope of the Sixth Schedule.
    2. Explain the proposed UT-wide body.
    3. Compare institutional scale and powers.
    4. Discuss local autonomy and Union coordination.
    5. Note that Article 371K remains a proposal.