The New Indian Express ·
Ladakh set for unique constitutional governance model, says Chief Secretary Ashish Kundra
SRINAGAR: Ladakh is set to get a unique constitutional governance model that will be neither statehood nor a Union Territory with a legislature, Chief Secretary Ashish Kundra said after talks between Ladakh leaders and the Ministry of Home Affairs in New Delhi.
Addressing a press conference, Kundra said an agreement had been reached in principle on a "sui generis" governance model that does not exist anywhere else in the country. The proposed arrangement will require a constitutional amendment under Article 371 and approval by Parliament.
Kundra, who attended the MHA sub-committee meeting, said it was agreed that the proposed UT-level body under Article 371 would be an elected body.
“In the political architecture of Ladakh, the foundational unit is the panchayat. Above the panchayat, there is LAHDC and above LAHDC, there is a UT level body. There are certain questions regarding the relationship between the LAHDCs and the UT-level body, what powers will come under the jurisdiction of LAHDCs and under the UT-level body," Kundra said.
He said the Centre shared a list of 8-10 questions with representatives of the Ladakh Apex Body (LAB) and Kargil Democratic Alliance (KDA) on the proposed governance structure.
“They were urged to think about it and discuss it with people. After that, they were asked to tell us what is in it so that in the next meeting to be held in October, we can move towards a draft document,” he said.
Kundra said the proposal involves a constitutional amendment and not an ordinary law.
“It is important to understand that we are talking about a constitutional amendment, not an ordinary law enactment. So, the proposal for providing safeguards is under Article 371 and any constitutional amendment requires two third majority,” he said.
He said legal drafting of the Bill would begin only after consensus is reached on the principles, adding that the Centre does not want to impose any framework on Ladakh without consultation with stakeholders.
Explaining the proposed arrangement, Kundra said Ladakh was never a state but was part of the erstwhile Jammu and Kashmir before becoming a Union Territory.
“Now aspirations of people is to have some kind of body, which has legislature, executive and financial powers,” he said. “The agreement reached with Ladakh leadership is towards a "sui generis" model, which does not exist anywhere in the country, would be crafted for Ladakh, where a legislative body will be created but it is not going to be state. It is not a UT with legislature but it is some other body, which will have these powers. The nomenclature of it is yet to be finalised.”
According to the MHA, the proposed UT-level body will be elected through direct elections and will have legislative powers over land, culture, language, forests, environment, natural resources and other subjects reserved for the Union Territory under Article 240. It will also have executive, budgetary, planning and financial powers.
However, LAB and KDA said there was no clarity on several issues, including law and order, which they said was necessary for effective governance.
Kundra said LAB and KDA had suggested that elections to the Ladakh Autonomous Hill Development Councils (LAHDCs) should be held only after the UT-level body is formed.
“They were told it is people who will decide what things should move forward,” he said.
He added that the notification for seven LAHDCs has been issued and the election modalities will be worked out in due course.
On administrative reforms, Kundra said the issue of creating a State Service feeder cadre in 15 departments comprising 79 posts had been taken up with the MHA.
He said draft recruitment rules have been prepared and will soon be submitted to the Lieutenant Governor for approval.
The MHA has also approved the creation of the Ladakh Administrative Service and Ladakh Police Service, with implementation modalities to be finalised shortly.
LAB and KDA have been jointly leading the agitation in Ladakh since the abrogation of Article 370, demanding a legislature and constitutional safeguards for the Union Territory.