Centre Moves to Grant Ladakh Article 371 Safeguards, Elected Body

Ladakh is set to receive constitutional safeguards under Article 371, along with an elected body to govern the Union Territory under a model officials describe as the first of its kind in the country.

Ashish Kundra, Chief Secretary of Ladakh, said Parliament will amend Article 371 to extend adequate constitutional protections to the region. The Union Ministry of Home Affairs has already begun work on both the safeguards and the proposed elected body, he added.

Article 371 of the Constitution empowers Parliament to grant temporary, transitional and special provisions to certain states so that their distinct regional and social requirements can be addressed.

A sui generis arrangement

Kundra described the planned framework as a "sui generis" model of governance — a Latin term meaning "of its own kind," used to describe a standalone legal structure built for a unique situation.

Under the arrangement, Ladakh would have an elected body, but it would be neither a Union Territory with a legislature nor a state with one, he said.

Kundra is part of the central government team holding discussions with Ladakhi leaders. The two sides met in Delhi on Tuesday.

Background to the demand

Ladakh was made a separate Union Territory after the erstwhile state of Jammu and Kashmir was bifurcated and stripped of its special status under Article 370. While sections of the local population initially welcomed the move, an agitation later took shape against bureaucratic rule in the region.

Residents have been pressing for statehood and for constitutional safeguards on the lines of the Sixth Schedule, which provides for local councils with powers to legislate on land, forests, water and agriculture, giving communities a direct role in regional economic development.

Last year, four people were killed and many others injured in clashes with security forces in Leh. Dozens of people, including activist Sonam Wangchuk, were arrested after the violence.

The government has said cases against most of those arrested have since been dropped. According to Kundra, Ladakh's Lieutenant Governor will soon decide on the cases in which chargesheets have already been filed.