A new governance model for Ladakh

People holding placards take part in a protest demanding the implementation of the 6th Schedule, Statehood for Ladakh in January 2026. | Photo Credit: ANI

The demand by Ladakh for Sixth Schedule status and the proposal made by the Ministry of Home Affairs to provide for a directly elected legislative body for governance in the Union Territory has created a paradoxical situation and raised the question of whether a UT can be granted such status. Whether it would be constitutionally valid to equate States and UTs in the context of their respective governance is a question worth examining. Indian federalism is unique in the sense that, in general, it functions as a federation, while during an Emergency, it becomes perfectly a union. This is why the Supreme Court has called it “Amphibian” in State of Rajasthan v. Union of India (1977). This observation signifies that while India intends to distribute the resources equitably through its federal structure, it retains a unitary character to ensure the unity and integrity of the nation.

Moreover, India’s territory includes States, UTs and any other territory acquired under international law, making it a decentralised federal design. The political idea behind this design is to include every cultural and ethnic group in democratic governance to sustain its political structure. This has also been the primary reason for the provisions of the Fifth and Sixth Schedules, which provide for Scheduled Areas and Autonomous Districts, especially to ensure the inclusion of tribal communities. From a functional perspective, this design is founded on the ‘Doctrine of Proportionality’, so that the Rawlsian principle of justice, i.e., the greatest advantage to the least advantaged could be achieved. Considering its unique ethnic composition and cultural specificity, Ladakh has demanded Sixth Schedule status. However, the Central Government is unwilling to provide this status and has instead proposed an elected legislative authority for a sui generics model of governance.

Published - September 29, 2026 07:00 am IST