ARTICLE 240 REGULATIONS

The Union Government has issued special regulations for Ladakh under Article 240 of the Constitution. This move comes as a response to long-standing demands for job reservations, language recognition, and political representation by the people of Ladakh.

  • However, Ladakh was not granted the Sixth Schedule status, which was the key demand of local groups.

Article 240 of the Constitution

  • Empowers the President to make regulations for the peace and good governance of certain Union Territories (including Ladakh).
  • Such regulations have the force of parliamentary law and can amend or repeal existing laws in the UT.

Reason for the Demands:

  • Post the abrogation of Article 370 (August 2019), Ladakh was made a Union Territory without a legislature under the Jammu and Kashmir Reorganisation Act, 2019.
  • Two key local bodies emerged:
    • Leh Apex Body (LAB)
    • Kargil Democratic Alliance (KDA)
  • Both bodies have been demanding constitutional safeguards for Ladakh’s land, jobs, and cultural identity.

Key Demands by the People of Ladakh

  • Inclusion under the Sixth Schedule of the Constitution.
  • Land ownership restrictions to prevent outsider influx and protect tribal land.
  • Creation of a Legislative Assembly to ensure self-governance.
  • Protection of local culture and language.
  • Alternatively, the Centre proposed Article 371-like protections.

Key Government Regulations Issued for Ladakh

1. Domicile-Based Job Reservation

  • First-time introduction of domicile-based reservation for all government jobs in Ladakh.
  • Eligibility Criteria:
    • 15 years of residency, or
    • 7 years of schooling with appearance in Class 10 or 12 from Ladakh.

2. Reservation Provisions

  • Total reservation for SCs, STs, OBCs and other backward classes capped at 85%.
  • Additional 10% EWS reservation remains intact.
  • Provisions extended to professional college admissions (engineering, medical, etc.).

3. Preservation of Local Languages

  • Official languages: English, Hindi, Urdu, Bhoti, Purgi.
  • Promotion of minority languages: Shina, Brokskat, Balti, Ladakhi to preserve linguistic diversity.

4. Women’s Representation

  • One-third reservation for women in the Ladakh Autonomous Hill Development Councils (LAHDC) of Leh and Kargil.
  • Implemented via amendment to the LAHDC Act, 1997.

The Centre’s move under Article 240 is a step toward addressing Ladakhi concerns, but falls short of the constitutional protections the people are demanding. There is a growing call for a more democratic and inclusive mechanism, potentially via dialogue-based constitutional amendments to grant Sixth Schedule or equivalent status.

Leave a Reply