Ladakh to Get Autonomous Hill Development Councils (AHDCs) in All Seven Districts

Syllabus: GS2/ Polity & Governance

Context

  • The Ladakh Administration has decided to constitute Autonomous Hill Development Councils (AHDCs) in all seven districts following an in-principle agreement between the Ministry of Home Affairs (MHA) and Ladakh leaders to extend constitutional safeguards under Article 371 to the Union Territory.

Background

  • Ladakh became a Union Territory in 2019 without a Legislative Assembly.
  • It currently has seven districts after the creation of five new districts: Leh, Kargil, Sham, Nubra, Zanskar, Drass, Changthang.
  • Until now, elected Autonomous Hill Development Councils existed only in Leh and Kargil. 

About Autonomous Hill Development Councils (AHDCs)

  • AHDCs are elected local self-government institutions established to ensure decentralized administration in the geographically remote and strategically important region of Ladakh.
  • The councils function under the Ladakh Autonomous Hill Development Council (LAHDC) Act.
    • Section 3(1) of the LAHDC Act provides for the constitution of a council in every district through a government notification published in the Official Gazette.
  • The new councils would enjoy the powers including authority over land ownership and allotment, recruitment and promotion of district cadre employees, preparation of district development plans, and the administration of sectors such as health, education, tourism, local infrastructure and social welfare.
  • Each council would also have a dedicated Council Fund and the authority to levy taxes, fees and other charges in accordance with the law.

Difference Between AHDCs and Sixth Schedule Autonomous Councils

Autonomous Hill Development CouncilsSixth Schedule Autonomous District Councils
Created through an Act of Parliament/UT law Constitutional status under Articles 244(2) & 275(1)
Applicable only in LadakhApplicable in notified tribal areas of Assam, Meghalaya, Mizoram and Tripura
Primarily exercise administrative and developmental functionsExercise legislative, judicial, executive and financial powers
No judicial authorityCan establish village courts to resolve local disputes using traditional tribal laws.

Article 371 and Special Constitutional Safeguards

  • Article 371 of the Constitution provides special safeguards and autonomy to certain states and regions to protect indigenous culture, tribal identity, customary laws, land ownership, local employment and administrative autonomy.
  • Part XXI of the Constitution contains these special provisions, with clauses ranging from Articles 371A to 371J.

Significance

  • Border Area Governance: Many districts are strategically located along the borders of India with China (Tibet Autonomous Region) and Pakistan held regions.
    • Better local government would help improve border infrastructure, service delivery and administration in strategically important areas.
  • Region specific Planning: There are different ecological regions in Ladakh like; frigid deserts, high altitude pastoral pastures, glacier fed river valleys, border villages etc.
    • District level planning helps to base policies on local geographical facts.
  • Grassroots Governance: The decision making power would go to the local community enabling better identification of development priorities and faster execution of government projects.

Challenges

  • Demands for Constitutional Safeguards: The proposal does not completely address demands for Sixth Schedule status, statehood, and a Legislative Assembly, which continue to be raised by sections of Ladakh’s population.
  • Overlapping Institutional Jurisdiction: The proposed Union Territory-level elected body, Autonomous Hill Development Councils (AHDCs), and Panchayati Raj Institutions may have overlapping functions unless their respective powers are clearly defined.

Source: HT, IE

 
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