MHA proposes new Chapter K under Article 371 for Ladakh
2-minute summary
The Ministry of Home Affairs (MHA) has proposed a unique governance model for the Union Territory of Ladakh by introducing a new Chapter K under Article 371 of the Constitution. This proposed amendment aims to establish a directly elected local body with legislative powers over crucial subjects including land, culture, language, forest, environment, and natural resources. The proposal comes in response to sustained demands from local groups like the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) for constitutional safeguards, statehood, and tribal status following the reorganization of Jammu and Kashmir in 2019, which left Ladakh as a UT without a legislature. While civil society leaders have expressed cautious optimism, they continue to demand a formal draft proposal and the withdrawal of police cases from past protests.
Why it's in the news
The Ministry of Home Affairs has proposed a new Chapter K under Article 371 of the Constitution to grant Ladakh a directly elected body with legislative powers, addressing long-standing local demands for democratic representation and constitutional safeguards.
Background and context
In August 2019, the Parliament of India abrogated Article 370, bifurcating the state of Jammu and Kashmir into two Union Territories: Jammu & Kashmir (with a legislature) and Ladakh (without a legislature). While the move was initially welcomed in Buddhist-majority Leh, concerns quickly arose in both Leh and Muslim-majority Kargil regarding demographic changes, loss of land rights, and lack of political representation. This led to the formation of the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA). Together, they demanded four key points: Statehood for Ladakh, inclusion in the Sixth Schedule of the Constitution (to protect tribal land and culture), job reservation for locals, and separate Lok Sabha seats for Leh and Kargil. The MHA's proposal of a 'sui generis' model under Article 371 (Chapter K) is an attempt to find a middle ground by granting legislative powers over local matters without granting full statehood or Sixth Schedule status.
Constitutional provisions
- Article 371 (Part XXI) — Deals with 'Temporary, Transitional and Special Provisions' for 12 states (Articles 371 to 371-J) to protect local customs, land rights, and facilitate development.
- Article 240 — Empowers the President to make regulations for the peace, progress, and good government of certain Union Territories.
- Article 370 — Formerly granted special autonomous status to Jammu and Kashmir; its abrogation led to the creation of Ladakh as a separate UT.
Previous UPSC questions on this theme
- Mains GS-2 2025 — Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.
Mains practice: Examine the significance of the proposed Chapter K under Article 371 for the Union Territory of Ladakh. How does it address the governance challenges of the region while maintaining the principles of asymmetric federalism?
The proposal by the Ministry of Home Affairs (MHA) to introduce Chapter K under Article 371 of the Constitution represents a significant shift in the governance of Ladakh. Since its designation as a Union Territory without a legislature in 2019, Ladakh has witnessed sustained protests demanding political representation and ecological safeguards.
**Significance of the Proposed Chapter K:**
• **Democratic Devolution:** It enables a directly elected UT-level body, addressing the democratic deficit felt by Ladakhis since 2019.
• **Legislative Autonomy:** The proposed body will have legislative powers over critical local subjects, including land, culture, language, forest, environment, and natural resources.
• **Asymmetric Federalism:** By tailoring a 'sui generis' model, the Centre seeks to protect Ladakh's unique tribal and ecological identity without granting full statehood or Sixth Schedule status, which the government fears might complicate administration in a strategically sensitive border region.
• **Preservation of Identity:** Giving legislative control over land and culture directly addresses the core anxieties of the local population regarding demographic dilution.
**Challenges and Way Forward:**
• **Control over Bureaucracy:** Civil society groups have demanded control over the police and bureaucracy, which currently remains unresolved.
• **The Role of the Lieutenant Governor:** Ensuring that the LG does not override the decisions of the elected body will be crucial for the model's democratic legitimacy.
In conclusion, while Chapter K is a pragmatic compromise, its success will depend on the depth of legislative devolution and genuine administrative empowerment of the local elected body, ensuring that Ladakh's strategic security and local democratic aspirations are harmonized.
Prelims practice questions
Q1. Consider the following statements regarding the special provisions under Part XXI of the Indian Constitution: 1. Article 371 contains special provisions for twelve states of India. 2. The provisions under Article 371 are classified as 'Temporary, Transitional and Special Provisions'. 3. Sikkim was added to these provisions under Article 371-F. Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: D. All three statements are correct. Part XXI of the Constitution deals with 'Temporary, Transitional and Special Provisions'. Article 371 to 371-J contain special provisions for 12 states (Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka). Sikkim was indeed inserted via Article 371-F.
Q2. With reference to the Union Territories in India, consider the following statements: 1. Article 240 of the Constitution empowers the President to make regulations for the peace, progress, and good government of certain Union Territories. 2. A regulation made by the President under Article 240 has the same force and effect as an Act of Parliament. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C. Both statements are correct. Article 240 empowers the President to make regulations for certain UTs (like Andaman and Nicobar Islands, Lakshadweep, Ladakh, etc.). Any such regulation may repeal or amend any Act made by Parliament which is for the time being applicable to the Union territory and has the same force and effect as an Act of Parliament.
Q3. The Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) have been actively demanding the inclusion of Ladakh under which Schedule of the Indian Constitution?
- Sixth Schedule
- Fifth Schedule
- Eighth Schedule
- Ninth Schedule
Answer: A. The civil society groups of Ladakh (LAB and KDA) have been demanding inclusion under the Sixth Schedule of the Constitution, which provides for the administration of tribal areas through Autonomous District Councils (ADCs) with legislative, judicial, and administrative autonomy.
Revision flashcards
- Which part of the Indian Constitution contains 'Temporary, Transitional and Special Provisions'? Part XXI (Articles 369 to 392).
- How many states currently have special provisions under Article 371 (A to J) (as of September 2026)? 12 states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
- What is the primary difference between the Fifth and Sixth Schedules of the Indian Constitution? The Fifth Schedule applies to Scheduled Areas in most of India, while the Sixth Schedule applies specifically to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, granting them Autonomous District Councils (ADCs) with legislative powers.
- Which constitutional article empowers the President to make regulations for certain Union Territories? Article 240 of the Indian Constitution.
- What are the core demands of the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA)? Statehood for Ladakh, inclusion in the Sixth Schedule, job reservation for locals, and separate Lok Sabha seats for Leh and Kargil.