Leh Apex Body, KDA Push For Legislative Powers And Constitutional Safeguards For Ladakh

By Rinchen Angmo Chumikchan

Explaining the formation of the Leh Apex Body and Kargil Democratic Alliance, Chering Dorjey Lakrook, the Co-Chairman of Leh Apex Body, said, “After the abrogation of Articles 370 and 35A, we lost our constitutional safeguards. When our demand for protection under the Sixth Schedule was not met, we had no option, but to launch this movement.”

Former MLA of Nubra Deldan Namgail says, “Whenever Article 370 is mentioned, it’s viewed globally as a Kashmir issue. But if we look at Ladakh’s history, before 1947, it was a separate kingdom under the Namgyal Dynasty, and later came under Dogra rule before the Instrument of Accession was signed in 1947. Our identity is deeply tied to our history. Unfortunately, no government has truly tried to understand Ladakh’s consent, concerns, or aspirations. We could have been like Bhutan, but we placed our complete trust in the Indian government, honestly, perhaps innocently, but not foolishly. Today, I feel we’re stuck like a sandwich in the Kashmir issue. While signing the Instrument of Accession, we trusted the Government of India.”

Speaking on the upcoming High-Powered Committee talks with the MHA on May 27, Chering Dorjey Lakrook says, “All our demands are important, but the talks have been stalled for the past two months despite our repeated requests to resume them without delay. We even wrote to the Home Ministry, but they did not respond positively. This shows a lack of seriousness on their part. On unemployment, the government asked us to prioritise it, even though it was the third point on our agenda. We agreed. We hope this time the talks will last two days, as we requested, and that they will be meaningful. Unemployment can be addressed in a day, and then we can move to the core issues, statehood and the Sixth Schedule. If these are resolved, we can manage the rest ourselves. Legislative power would allow us to address many concerns without depending on the Centre. For us, all issues are interconnected, and every demand holds importance.”

Explaining the importance of the Sixth Schedule and statehood for Ladakh, Deldan Namgail said, “We are only demanding what is already available in the Constitution. Article 244 provides for the Sixth Schedule, and we believe Ladakh deserves the same protection. Currently, Hill Councils in Ladakh are just statutory bodies without legislative powers. Since the abrogation of Article 370, conflicts between the UT administration and the Hill Councils have become evident. Some claim we’re asking for something unconstitutional, which is not true. Under the State Reorganisation Act 2019, Jammu & Kashmir was granted a UT with a legislature. If a state like Sikkim can have a legislature with 32 MLAs, why not Ladakh?”

Chering Dorjey Lakrook says, “In 1947, when India gained independence and there were demands for a plebiscite in Kashmir, the people of Ladakh, exercising their right to self-determination, chose to join secular and democratic India. This was a conscious decision, reflected through various memoranda sent to the Government of India. We chose India because it stood for democracy and was in the process of drafting a secular Constitution. This historical decision must not be forgotten.”

On concrete outcomes from previous talks with the MHA, Chering Dorjey Lakrook says, “One major achievement is the notification of the Ladakh Resident Certificate, which we had been demanding from the beginning. There has also been some progress on employment-related issues, though nothing has been finalised yet. We’re still stuck on the domicile issue, and if that is resolved, 90–95% of the employment concerns will be addressed. After that, we can move on to our core demands.”

Deldan Namgail says, “The top priority should not be seen from the perspective of students, many of whom are under stress along with their parents. The UT administration claims to have filled 3,172 out of 3,596 non-gazetted posts, yet 424 remain vacant. More critically, 1,275 gazetted posts are still unfilled due to the absence of a Ladakh Public Service Commission. Section 93 of the State Reorganisation Act clearly states that the UPSC, with the President’s approval, shall serve the needs of Ladakh in this regard. Today, various laws are being passed in Parliament, including some controversial ones, so why can’t Ladakh be served by the JKPSC, especially when we share a common High Court with UT of J&K?”

Chering Dorjey Lakrook says, “When it comes to gazetted posts, most recruitments so far have been on a contractual basis, which is not a sustainable solution. These employees are being exploited, made to work overtime for low pay. If the government is serious, permanent recruitment should be done without delay. They had assured us that technical posts would be filled through the UPSC, but the process continues to be delayed.”

He continues, “We proposed 1989 as the domicile cut-off date because that’s when Ladakh was granted Scheduled Tribe status. Given our distinct culture, geographical isolation, and unique identity, the government recognised our need for protection. That’s why we believe the 1989 cut-off is justified and constitutionally viable. If the government is willing, it can legislate this; there are provisions under the State Reorganisation Act, 2019, to make it possible.”

Deldan Namgail says, “Several political parties and organisations had filed writ petitions in the Supreme Court challenging the abrogation of Article 370, but in 2023, the court upheld the move. According to Chapter 6, Section 66 of the State Reorganisation Act 2019, the Scheduled Tribe status granted to UT Ladakh and J&K under the 1989 order remains intact. This cut-off date must be considered, there should be no excuse. The government granted us ST status in 1989 to strengthen and empower the border region, and that rationale still holds.”

When asked which is more important, Sixth Schedule or statehood, Chering Dorjey Lakrook says, “Both are important, which is why we demand them together. The Sixth Schedule grants legislative power, but it’s limited. Statehood offers broader powers, especially over law and order and state land. Since 95% of Ladakh’s population is Scheduled Tribes, inclusion under the Sixth Schedule is crucial. Without it, statehood is incomplete. We see both as interconnected and vital for Ladakh’s survival.”

Chering Dorjey Lakrook says, “We have requested the government to hold the talks for two days to save time. Otherwise, delays could stretch the process for months, causing Ladakh to suffer. The talks must be result-oriented because people are growing impatient. We’ve even discussed internally that our patience is running thin, as we see no concrete outcomes, and public pressure is rising. We’ve begun engaging with the people, and if these talks remain unproductive, we may have to consider other approaches. The government must take this seriously. Our past experiences with the government were not very positive, so this time, meaningful results are important.”

Deldan Namgail says, “Don’t view Ladakh through the lens of other states. We have always stood with Mother India. Every household in Ladakh has at least one soldier in the Ladakh Scouts Regiment, the most decorated unit in the Indian Army. From the 1962, 1971, and 1999 wars to the Galwan clashes, Ladakh Scouts have made immense sacrifices, earning honours like the Maha Vir Chakra, Vir Chakra, Sena Medal, Bar Maha Vir Chakra, Mentioned in Dispatches, and the Chief of Army Staff Banner. We have certificates to prove our loyalty. Now, with the Modi government pledging to liberate Balochistan and POK, and even including POK in the Ladakh map, we remember how in 1971 we liberated Turtuk from Pakistan without drones or missile technology. I urge the Modi government to pass a judgment in favour of Ladakh’s people. We will never allow even an inch of our land to be taken by China.”

Lakrook says, “We have repeatedly requested the government to release the minutes of the previous meetings, and while they have assured us, the minutes have never been published. This time, we will again urge them to make the minutes public so that people know what was discussed. Transparency is essential.”

When asked if the voice of Ladakh is unheard, Lakrook says, “They may think Ladakh’s small population means we can be ignored. We’re not threatening, but when people’s trust is lost, it becomes very difficult. If Ladakh’s issues aren’t resolved properly, people will feel alienated and start thinking differently. The government must not take Ladakh’s concerns lightly, it is their responsibility to keep border communities content. Otherwise, it will be a lose-lose situation for both the nation and Ladakh.”

Deldan Namgail says, “It is the responsibility of the Government of India to reward us. The people of Ladakh have been protecting the borders, and for our unique identity and patriotism, we deserve safeguards.”

When asked if LAHDC’s power has been diluted after UT status, Lakrook says, “It has affected us greatly. As a former Chief Executive Councillor, I can say there was no interference from J&K then. But after Ladakh became a UT, the council’s authority has been weakened. Many UT administration employees should belong to the council. The LAHDC Act of 1997 has eroded, especially regarding land allotment, with many allocations not implemented. We’ve heard the government plans to strengthen Hill Councils with limited legislative power instead of granting statehood to appease us. We reject this idea and urge the government to drop it. Increased interference now hinders our work compared to before.”

Deldan Namgail says, “After UT status, despite powers granted under the LAHDC Act 1997, such as land allotment, there are cases where land approved by the Hill Council Executive Council’s meeting has not been allotted. We can’t blame bureaucrats; they follow government orders. Currently, both LAHDCs lack legislative power, and the Act has been largely diluted after Article 370’s abrogation. Elected representatives have been disempowered. Our Hill Council Chairman and Councillors even had to protest at Raj Niwas over Rs 1 crore grant during the Covid pandemic, which made the people of Ladakh feel sidelined.”

Read more: Ladakhis Have Always Been Taken For granted: Former MLA Deldan Namgail