Centre Proposes Special Governance Framework for Ladakh; LAB, KDA Seek Legislative, Executive and Financial Powers
Jammu, October 18: The Union Ministry of Home Affairs (MHA) has reportedly rejected the proposal of the Leh Apex Body (LAB) to name the proposed Union Territory-level elected body as the “Government of Ladakh” or the “Legislature of Government of Ladakh”, favouring instead a special governance arrangement for the Union Territory without statehood or a conventional legislature.
According to a report published by Daily Excelsior, the MHA has proposed the creation of a new post of Chief Executive Secretary (CES) for the proposed body, with the officer holding a rank not below that of Secretary and functioning under the head of the elected institution.
The development follows discussions held between MHA officials and representatives of the Leh Apex Body and Kargil Democratic Alliance (KDA) in Leh on October 15, as part of ongoing negotiations over constitutional safeguards and a new democratic governance structure for Ladakh.
LAB chairman Chering Dorjay Lakruk said the Ladakh representatives had proposed that the head of the proposed body be designated as the Chief Minister. However, the Centre has reportedly neither accepted nor rejected the suggestion so far.
The representatives had also sought authority for the head of the proposed elected body to write the Annual Confidential Reports (ACRs) of the Chief Secretary of Ladakh. According to Lakruk, the MHA has not agreed to this demand and has instead proposed the separate post of Chief Executive Secretary.
Lakruk maintained that the Centre had agreed in principle during an earlier meeting on May 22 that the head of the proposed body would write the Chief Secretary’s ACRs. He alleged that the latest draft proposal represented a departure from that understanding.
Despite differences over the proposed framework, the LAB and KDA have submitted their own proposal outlining a governance structure with legislative, executive and financial powers for the Union Territory.
Chief Secretary Calls Early Rejection of Draft Unfortunate
Meanwhile, Ladakh Chief Secretary Ashish Kundra termed it unfortunate that the representatives had reportedly dismissed the draft within two hours of receiving the 32-page document.
Kundra said the document was a draft intended to facilitate discussion and that the representatives could have submitted their suggestions and objections for further consideration.
He said the proposed arrangement would not amount to statehood or a Union Territory with a conventional legislature, but would follow a special, or sui generis, model suited to Ladakh’s circumstances.
According to Kundra, the proposed institution would be directly elected, and the names of the body were still under consideration. He indicated that four to five possible names were being examined and said suggestions could also be offered by Ladakh’s representative bodies.
The Chief Secretary emphasised that the Government of India remained committed to finding a political solution and establishing a democratically elected institution that would address the aspirations of Ladakh’s people.
Two-Stage Constitutional Framework Proposed
The MHA draft reportedly envisages a two-stage process involving a constitutional amendment followed by a separate regulation under Article 240 of the Constitution.
The proposal includes a new constitutional provision, Article 371-K, intended to provide specific safeguards for Ladakh. The subsequent regulation would set out the functioning and institutional arrangements of the proposed body.
Several important issues remain open for discussion, including the name and composition of the institution, election procedures, representation of women and underrepresented communities, nominated and ex-officio members, delimitation of constituencies, electoral rolls and tenure.
The relationship between the proposed body and existing institutions, including the Ladakh Autonomous Hill Development Councils (LAHDCs), panchayats and municipalities, would also require detailed examination.
Kundra said the constitutional and regulatory framework would need further deliberation before any final arrangement could be adopted. He urged the representatives to continue negotiations with mutual trust, patience and an open mind.
He also cited measures concerning reservation for local residents, recognition of regional languages and representation of women in hill councils as part of the Centre’s efforts to address local concerns.
Hill Councils to Have 7–24 Elected Members
In a related development, the Centre has amended the legal and administrative provisions governing Ladakh’s Autonomous Hill Development Councils to align them with the Union Territory’s status under the Jammu and Kashmir Reorganisation Act, 2019.
Under the amended framework, each council will have between seven and 24 elected members, with the precise number to be determined by the Ladakh administration.
The administration may also nominate up to four members from among women and unrepresented communities, subject to the prescribed limit. The sitting Lok Sabha member representing Ladakh will serve as an ex-officio member of the councils constituted for the respective districts.
Each council will ordinarily have a five-year term from the date appointed for its first meeting, unless dissolved earlier. The term may be extended where holding elections is considered impracticable.
The amendments also replace references to the State and Governor with the Union Territory of Ladakh and Administrator, respectively.
The State Election Commission for the Union Territory will exercise supervision and control over council elections and electoral rolls. Election petitions may be filed before the High Court of Jammu and Kashmir and Ladakh within 45 days of the declaration of results.
The amended provisions also identify district areas including Leh, Sham, Nubra, Changthang, Kargil, Zanskar and Drass, along with any newly created districts.
The councils will exercise district-level panchayat powers and perform functions under the Jammu and Kashmir Panchayati Raj Act, 1989.
Negotiations Remain Crucial for Ladakh’s Political Future
The latest developments underline the continuing differences between the Centre and Ladakh’s representative bodies over the powers, nomenclature and institutional authority of the proposed elected institution.
While the MHA is advocating a special constitutional arrangement, the LAB and KDA have sought a framework with meaningful legislative, executive and financial authority.
The two sides are expected to continue discussions in an effort to bridge the differences and work towards a mutually acceptable governance arrangement for Ladakh.
The final structure will depend on further negotiations and the detailed examination of the proposed constitutional amendment and regulatory framework.(KNC)
