Ladakh: Call for Statehood & Sixth Schedule

Historically, Ladakh belonged to the former state of Jammu & Kashmir.

For many years, Ladakhis have experienced political marginalization, as choices made in Srinagar frequently disregarded the region's distinctive cultural and environmental requirements.

Following the repeal of Article 370, Ladakh was established as a Union Territory devoid of a legislative assembly, as stipulated by the Jammu and Kashmir Reorganisation Act, 2019.

It is directly administered by the Lieutenant Governor and the Ministry of Home Affairs (MHA), allowing minimal local decision-making, in contrast to Delhi or Puducherry.

The elimination of Article 35A, which provided certain safeguards for land and job rights in Ladakh, left many people feeling exposed.

Why did Ladakh become a Union Territory?

Cultural and Demographic Identity: Leh, with a Buddhist majority, and Kargil, a Shia-majority area, are culturally unique compared to the Sunni-majority Kashmir Valley.

Security Factors: Borders with Pakistan (PoK) and China (Aksai Chin); strategic importance required increased central oversight.

Developmental Objectives: UT status aimed at enhancing administrative effectiveness, accelerating infrastructure, and guaranteeing direct central financing.

Constitutional Foundation for State Creation

Constitutional Clauses:

Article 3 of the Indian Constitution states that Parliament has the authority to:

Create a new state by detaching land from any state or union territory;

Merge two or more states or portions of states or Union Territories;

Modify the borders or titles of current regions;

Essential Criteria:

A Bill for reorganization can only be presented in Parliament with the President's recommendation.

If the proposal impacts the territory or limits of an existing state, the President must send it to that state’s legislature for its opinions.

The opinions of the legislature are not compulsory; Parliament can move forward regardless.

Ladakh was historically part of the former state of Jammu & Kashmir.

For numerous years, Ladakhis have faced political sidelining, as decisions taken in Srinagar often ignored the area's unique cultural and ecological needs.

After the abrogation of Article 370, Ladakh was designated as a Union Territory without a legislative assembly, as outlined by the Jammu and Kashmir Reorganisation Act, 2019.

It is directly overseen by the Lieutenant Governor and the Ministry of Home Affairs (MHA), resulting in limited local governance, unlike Delhi or Puducherry.

The repeal of Article 35A, which offered specific protections for land and employment rights in Ladakh, left many individuals feeling vulnerable.

What led to Ladakh being designated as a Union Territory?

Cultural and Demographic Identity: Leh, predominantly Buddhist, and Kargil, mainly Shia, exhibit distinct cultural characteristics in contrast to the Sunni-majority Kashmir Valley.

Security Considerations: Frontiers with Pakistan (PoK) and China (Aksai Chin); crucial strategic significance necessitated enhanced central supervision.

Development Objectives: UT status focused on improving administrative efficiency, speeding up infrastructure, and ensuring direct central funding.

Constitutional Basis for Establishing States

Provisions of the Constitution:

Article 3 of the Indian Constitution stipulates that Parliament possesses the power to:

Form a new state by separating land from any state or union territory;

Combine two or more states or parts of states or Union Territories;

Revise the borders or labels of existing areas;

Key Requirements:

A Bill for restructuring can only be introduced in Parliament upon the President's suggestion.

If the proposal affects the territory or boundaries of an existing state, the President is required to forward it to that state’s legislature for their input.

The views of the legislature are not mandatory; Parliament can proceed irrespective.

Actions Announced by Central Government for Ladakh

Reservation in Government Jobs: 85% quota for local Ladakhis in government jobs;

Out of this, 80% allocated for STs;

Extra quotas: 4% for inhabitants near the LAC and LoC;

1% for Scheduled Castes; and 10% for Economically Weaker Sections;

Overall reservation stands at 95%, one of the highest in India.

Domicile Criteria: To qualify as a domicile, individuals must demonstrate 15 years of uninterrupted residence in Ladakh from October 31, 2019 (the date Ladakh was designated as a UT).

Offspring of Central government workers, All India Services officials, and PSU personnel assigned to Ladakh qualify under certain criteria.

Political Representation of Women: One-third of the seats in the Autonomous Hill Development Councils (LAHDCs) of Ladakh are allocated for women on a rotational system.

Official Languages: Ladakh has now officially acknowledged English, Hindi, Urdu, Bhoti, and Purgi.

It supports the preservation of culture and linguistic variety.

Regulatory Changes:

Ladakh Reservation (Modification) Regulation, 2025;

Ladakh Civil Services Recruitment and Decentralisation (Amendment) Regulation, 2025;

Ladakh Official Languages Act, 2025;

Ladakh Autonomous Hill Development Councils (Amendment) Rules, 2025.

These regulations reflect comparable safeguards in northeastern states such as Mizoram and Arunachal Pradesh, where tribal communities benefit from more than 80% reservation in public sector jobs.

Path Forward

Although the Constitution establishes the legal basis, the move from UT to statehood is ultimately a political choice. It necessitates: