Current Affairs

Ladakh in Sixth Schedule:

Listen to Local Demand

why in news ?

In recent times, Ladakh has seen significant protests regarding statehood and preserving its identity in the constitution.

• Protesters are calling for Ladakh's statehood to be reinstated after it was made a Union territory without a legislature in 2019.
• They also want Ladakh to be recognized as a tribal area under the Sixth Schedule, along with job reservations for locals and parliamentary seats for both Leh and Kargil districts.

Makes Ladakh Significant for India Geopolitical Importance:

• Ladakh is also known as “the Land of Passes‟ (Lapasses, dakh-land). Ladakh's strategic location at the crossroads of South Asia, Central Asia, and East Asia gives it immense geopolitical significance.

Strategic Significance:

• It serves as a buffer zone between India and its neighboring countries, including China and Pakistan. The ongoing border disputes with China and Pakistan in the Ladakh region underscore its importance in safeguarding India's territorial integrity and sovereignty.
• The Indian Armed Forces maintain a strong presence in Ladakh to counter external threats and safeguard India's borders.

Tourism Potential:

• Popularly known as the Lama Land or Little Tibet, Ladakh lies at altitudes ranging between about 9,000 feet and 25,170 feet. From trekking and mountaineering to Buddhist tours of various monasteries, Ladakh has it all.

Economic Importance:

• Ladakh possesses vast untapped economic potential, particularly in sectors such as tourism, agriculture, and renewable energy.
• The region's breathtaking landscapes, including the pristine lakes and majestic mountains of Pangong and Tso Moriri, attract tourists seeking adventure and tranquility.

Environmental Significance:

• Ladakh's fertile valleys and river basins offer opportunities for agricultural development, including organic farming and horticulture. Additionally, Ladakh's abundant sunlight and wind resources make it conducive for the development of solar and wind energy projects, contributing to India's renewable energy goals.

Arguments in Favour of Ladakh's Demand for Inclusion in the 6th Schedule?

Ensuring Representation: •

• Following the reorganization of Jammu and Kashmir in 2019, Ladakh was designated as a Union Territory without a legislative assembly. This change led to concerns about the loss of local autonomy and representation in decision-making processes.
• This has led to comparisons with the earlier situation where Ladakh had four members in J&K’s assembly and two in the legislative council.
• When Ladakh was part of erstwhile Jammu and Kashmir, the Ladakh Autonomous Hill Development Council (LAHDC), an elected body that governed the region, enjoyed significant autonomy.
• But with the region now under the direct rule of the central government, Ladakhi leaders say the LAHDC has been reduced to footnotes, leading to a feeling of political dispossession.
• Diminished representation now has led to fears that outsiders will decide for Ladakh.

Lack of Public Participation:

• As part of the State of Jammu and Kashmir, Ladakh had enjoyed privileges of special status under Article 370 and Article 35A. The sentiment now is one of disempowerment, as the absence of safeguards for jobs, land, culture, and identity has led to growing insecurity. The lack of a legislative body means that decision-making has shifted from public participation to bureaucratic processes.

Ladakh’s Fragile ecosystem:

• Ladakh's fragile ecosystem, characterized by high-altitude deserts, glaciers, and alpine meadows, is a hotspot of biodiversity and serves as a crucial habitat for rare and endangered species.
• Climate activists have flagged concerns regarding mining in the glacial ecology.
• People in Ladakh fear that if there are industries, each industry will bring lakhs of people and this fragile ecosystem cannot support so many people.
• Careful management of water resources within Ladakh is therefore vitally important, not only for the livelihoods of Ladakhis and the ecosystems of Ladakh but for the health of the whole river system.

Sensitive Borders:

• The delicate situation in Ladakh is compounded by its borders with both China and Pakistan.
• The ongoing military standoff with the Chinese PLA in eastern Ladakh, combined with Pakistan's persistent efforts to stoke tensions in India's border areas, presents a significant security challenge.
• Addressing the China-Pakistan axis necessitates strategic infrastructure development supported by the local community.
• Preservation of Cultural Identity: Inclusion in the Sixth Schedule would provide legal safeguards to protect Ladakh's unique cultural heritage and traditional customs. The Sixth Schedule empowers tribal communities with a degree of autonomy in governance, enabling them to manage their own affairs and resources.

Performance of Socio-Economic Development:

• Critics argue that the performance of the Union Territory administration has been notably deficient in terms of generating employment opportunities for the young workforce.
• Four years have passed since the establishment of the Union Territory, but the absence of a public service commission has created a sense of anger among the youths.
• A glaring issue compounds this situation—the lack of a comprehensive job policy within the Union Territory.
• The autonomy granted under the Sixth Schedule can facilitate the formulation and implementation of locally relevant development initiatives, leading to improved socioeconomic outcomes.

some highlights related to the schedule

Sixth Schedule

Article 244:

• 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.

Current Status:

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

Autonomous Districts:

• The tribal areas in these four states have been constituted as autonomous districts. The governor is empowered to organize and reorganize the autonomous districts.

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. 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 Arguments Against Inclusion of Ladakh in the Sixth Schedule

Legal and Administrative Hurdles:

• The Ministry of Home Affairs has highlighted potential challenges in amending the Constitution to include Ladakh in the Sixth Schedule, stating that such a move would require a constitutional amendment.
• According to the Ministry, the Constitution explicitly reserves the Sixth Schedule for the Northeast region, while tribal areas in other parts of the country are covered under the Fifth Schedule. Potential Delays in Decision-Making: Some may argue that including Ladakh in the Sixth Schedule could add complexity to the region's governance structure, potentially leading to administrative challenges and delays in decision-making processes.

Inclusion Already Under Progress:

• The central government informed a parliamentary standing committee recently that the objective for inclusion of tribal population under the sixth schedule is to ensure their overall socio-economic development, which the UT administration has already been taking care of and that sufficient funds are being provided to Ladakh to meet its overall developmental requirements.

Increased Reservations:

• According to a recent report tabled in Rajya Sabha, the 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.

Diamond Jubilee of the Supreme Court

why in news ?

• Supreme Court of India (SC) held its Diamond Jubilee Celebration (75th anniversary) at the Supreme Court Auditorium in Delhi.
• It also coincides with the 75th anniversary of the Indian Constitution.
• The event witnessed the launch of several citizen-centric information and technology initiatives aimed at enhancing judicial accessibility and transparency.

Key Points Related to the Supreme Court Establishment:

• On the 28th January 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court came into being.
• It succeeded the Federal Court of India, established under the Government of India Act of 1935.  However, the jurisdiction of the Supreme Court is greater than that of its predecessor because it also replaced the British Privy Council as the highest court of appeal.

Constitutional Provisions:

• Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, procedures and so on of the Supreme Court.
• The Parliament is also authorised to regulate them.

Current Composition:

• The Supreme Court of India consists of 34 judges including the Chief Justice of India, all appointed by the President of India.
• The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges, leaving it to Parliament to increase this number.

 Appointment:

• The President appoints the Chief Justice of India after consulting with select judges from the Supreme Court and High Courts.
• Other judges are appointed by the President after consulting with the Chief Justice and additional judges from the Supreme Court and High Courts.
• Consultation with the Chief Justice of India is mandatory for the appointment of any judge other than the Chief Justice of India.

Eligibility Criteria for Appointment:

• To qualify as a Supreme Court Judge, a person must be an Indian citizen.
• Additionally, they must have served as a Judge in a High Court for at least five years consecutively, or as an Advocate in a High Court for at least ten years consecutively, or be recognized as a distinguished jurist by the President.  However, the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. They retire upon reaching the age of 65 years. Post-retirement, Judges are prohibited from practicing in any court or before any authority in India.

Removal of Judges:

• A judge of the Supreme Court can be removed from his office by an order of the President.
• The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.
• The address must be supported by a special majority of each House of Parliament i.e., by a majority vote of two-thirds of members present and voting, on grounds of proven misbehavior or incapacity. Language of Proceedings and Regulation: Proceedings in the Supreme Court are conducted exclusively in English.
• Supreme Court Rules, 1966, and Supreme Court Rules 2013 are framed under Article 145 of the Constitution to govern the practice and procedure of the Supreme Court.

Independence of Supreme Court: Fixed Service Conditions:

• Parliament determines judges' salaries, allowances, and other benefits, ensuring stability in service conditions unless altered during a financial emergency.
• Salaries, allowances, and administrative costs are charged on the Consolidated Fund, making them non-votable by Parliament, thereby ensuring financial independence.

Conduct Immunity:

• Parliament and State Legislatures are barred from discussing judges' conduct, except during impeachment proceedings (Article 121).

Contempt Power:

• The Supreme Court has the authority to punish contempt, ensuring respect for its decisions and authority (Articles 129).

Staff Appointment Autonomy:

• The Chief Justice of India has the freedom to appoint Supreme Court staff and set their service conditions, free from executive interference.

Jurisdiction Protection:

• Parliament cannot curtail the Supreme Court's jurisdiction, although it can extend it.

Separation from Executive:

• The Constitution mandates the separation of the judiciary from the executive in public services, eliminating executive influence in judicial matters upon implementation (Article 50).

Major Issues Related to the Supreme Court

• Pendency of Cases: One of the perennial challenges facing the Supreme Court is the backlog of cases. Despite efforts to increase efficiency, the sheer volume of cases continues to strain the court's resources.

Concerns of Appointment of Judges:

• The process of judicial appointments, particularly the role of the Collegium system, has been a topic of contention. There have been discussions on reforms like the National Judicial Appointment Commission to make the appointment process more transparent and accountable.

Technology and Access to Justice:

• While initiatives like e-filing and virtual hearings have been implemented to improve access to justice, challenges remain in ensuring equitable access, particularly for marginalised communities with limited access to technology.

Inadequate Women Representation in SC:

• At the moment, only three of the Supreme Court's total judges are women. This reflects the skewed representation of women in the legal system