Jammu: The Union Ministry of Home Affairs (MHA) has proposed a new constitutional framework for a directly elected Union Territory-level body in Ladakh, while ruling out both statehood and a Union Territory with a legislature under the proposed arrangement, according to a report published by Daily Excelsior.
The MHA team visited Leh on October 15 for a Sub-Committee meeting with representatives of the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA), and shared a 32-page draft proposal outlining the proposed body’s structure and functioning.
However, differences have reportedly emerged over the nomenclature, powers and administrative structure of the proposed institution. LAB chairman Chering Dorjay Lakruk said the representatives had suggested naming it either the “Government of Ladakh” or the “Legislature of Government of Ladakh”, but the proposal was not accepted by the Centre.
Lakruk also said the LAB had proposed that the head of the proposed body be designated as the Chief Minister. According to him, the MHA officials neither accepted nor rejected the suggestion during the meeting.
Another major point of disagreement concerns the authority to write the Annual Confidential Reports (ACRs) of Ladakh’s Chief Secretary. Lakruk said the LAB had sought this power for the head of the proposed body, claiming that the Centre had agreed to the proposal in principle during a meeting on May 22.
He alleged that the MHA had now moved away from that understanding. Instead, the Centre reportedly proposed creating a new post of Chief Executive Secretary (CES), to be held by an officer of at least Secretary rank and placed under the head of the proposed institution.
Despite the differences, the LAB and KDA submitted their document outlining a proposed UT-level body with legislative, financial and executive powers to the MHA officials.
Meanwhile, Ladakh Chief Secretary Ashish Kundra said it was unfortunate that the representatives had dismissed the draft within two hours of receiving the 32-page document. He said it was a proposal intended to facilitate discussion and that the stakeholders could have submitted their suggestions instead of rejecting it outright.
Addressing a press conference in Leh, Kundra said the proposed institution would be a Union Territory-level “Frontier Agency”, with four to five possible names under consideration. He added that the Ladakh-based organisations could also suggest names for the body.
Kundra reiterated that the proposed arrangement would neither confer statehood on Ladakh nor establish a Union Territory with a legislature. Instead, the Centre was considering a “Sui Generis” model tailored to Ladakh’s circumstances, with direct elections to the proposed body.
He said the Government of India was committed to finding a political solution and establishing a democratically elected institution that addresses the aspirations of Ladakh’s people. He urged the region’s political leadership to continue negotiations with mutual trust, patience and an open mind.
According to Kundra, the MHA document envisages a two-stage process involving a constitutional amendment followed by a regulation under Article 240 of the Constitution. The proposed framework would provide for a directly elected UT-level body and safeguards relating to land, natural resources, culture and other concerns raised by local representatives.
The proposal envisages the introduction of a new constitutional provision, Article 371-K, specifically for Ladakh, followed by a separate regulation under Article 240 to define the functioning of the proposed institution.
Kundra clarified that the document was intended to facilitate further discussions and did not represent a concluded legislative process. The proposed constitutional provisions and regulatory framework would require detailed examination and deliberation before being finalised.
He said several institutional issues remained unresolved, including the name and composition of the body, the method of election, representation of women and underrepresented communities, and the role of nominated and ex-officio members.
Other matters requiring examination include the authority responsible for conducting elections, delimitation of constituencies, preparation of electoral rolls, tenure of the proposed body and its relationship with existing institutions such as the Ladakh Autonomous Hill Development Councils (LAHDCs), Panchayats and municipalities.
Kundra said the government did not want to rush into an arrangement that could shape Ladakh’s governance for decades without ensuring that it met public expectations.
“We must ensure that the framework ultimately established for Ladakh is one with which the people are satisfied, not only the political leaders but also ordinary citizens,” he said.
He also cited measures taken to address local concerns, including increased reservation for local residents, recognition of regional languages and reservation for women in the hill councils. According to him, reservation for Scheduled Tribes in Ladakh, which stood at 10 per cent in 2019, had been increased to 84 per cent for local people.
Expressing hope that the process would move towards a conclusion in the coming weeks and months, Kundra said the Centre remained committed to establishing a democratically elected body at the earliest.
“There is no reason for anyone to lose hope,” he said.
Meanwhile, in a separate development, the Centre has amended the legal terminology, administrative structure and electoral provisions governing the Autonomous Hill Development Councils in Ladakh to align them with the Jammu and Kashmir Reorganisation Act, 2019, which led to the creation of the Union Territory of Ladakh.
Under the Ladakh Autonomous Hill Development Councils (Amendment) Regulation, the number of elected members in each council will be determined by the Ladakh administration, subject to a minimum of seven and a maximum of 24 seats.
The administration may nominate up to four members representing women and unrepresented communities, subject to the prescribed one-sixth limit. The sitting Lok Sabha member representing Ladakh will be an ex-officio member of the councils constituted for each district.
Each council will have a five-year term from the date appointed for its first meeting, unless dissolved earlier. The term may be extended if holding elections is considered impracticable.
The regulation also replaces references to “State” and “Governor” with “Union Territory of Ladakh” and “Administrator”, respectively. It assigns the State Election Commission for the Union Territory of Ladakh responsibility for the superintendence, direction and control of council elections and electoral rolls.
Election disputes may be raised through election petitions filed directly before the High Court of Jammu and Kashmir and Ladakh within 45 days of the declaration of results.
The regulation defines the district areas covered under the law to include Leh, Sham, Nubra, Changthang, Kargil, Zanskar and Drass, along with any newly created districts.
The councils will also exercise powers and perform functions assigned to district-level Panchayats under the Jammu and Kashmir Panchayati Raj Act, 1989.
The discussions on the proposed UT-level body are expected to continue as the LAB and KDA prepare their response to the MHA’s draft proposal.
