6th Schedule of Indian Constitution

6th Schedule of Indian Constitution

News: Recently, the Ministry of Home Affairs (MHA) constituted a high-powered committee for the Union Territory of Ladakh to “ensure protection of land and employment” for the people of Ladakh.

Background:
• Few members suggested that the MHA's order is vague and does not address their demand for inclusion in the Sixth Schedule.
• In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (more than 97%) and its distinct cultural heritage needed preservation.

What is the 6th Schedule of Indian Constitution?
• 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. 
• The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state. 
• 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.
• 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.

Why was committee formed?
• After the abrogation of Article 370 in 2019, the civil society groups have demanded for protection of land, resources and employment. There is constant fear of big businesses and conglomerates taking away land, jobs from the local people. 
• Their main purpose is to discuss measures to protect the region’s unique culture and language taking into consideration its geographical location and strategic importance.

What is Government’s stand?
• As per MHA, Ladakh’s inclusion in the Sixth Schedule would be difficult. The Constitution is very clear; Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
• The government believes that UT administration of Ladakh is already taking care of socio-economic conditions and welfare of the people there. Sufficient funds are also being allocated. 
• According to a recent report tabled in Rajya Sabha, Ladakh administration recently increased the reservation for the Scheduled Tribes in direct recruitment from 10% to 45% which will significantly help the tribal population in their development.