In-principle agreement reached in MHA’s Sub-Committee meeting
*Constitutional safeguards under Article 371 A, F, G
*All 7 districts to have Councils, appropriate autonomy
Sanjeev Pargal
JAMMU, May 22: In a significant decision aimed at political empowerment and safeguards for Ladakh, the Central Government has proposed Union Territory-level Legislative body with legislative, executive and financial powers vested with elected representatives.
All bureaucrats of the UT including the Chief Secretary will come under the executive head of the UT-level elected body (proposed to be the Chief Minister) which means the legislative body will have more powers than the Jammu and Kashmir Government where All India Services (AIS) fall in domain of the Lieutenant Governor.
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The decisions were reached at a meeting of the Sub-Committee in the Union Ministry of Home Affairs (MHA) held in New Delhi today and attended by senior officers of the MHA, UT administration of Ladakh and the leaders including those from Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA).
A statement issued after the meeting by Chering Dorjay Lakrook and Asgar Ali Karbalai, co-chairpersons of LAB and KDA respectively, said following detailed and constructive deliberations, both sides have arrived at an in-principle understanding on several critical points.
“In this model, the legislative, executive and financial powers will rest with elected representatives through a Union Territory-level legislative body. All bureaucrats of the UT including the Chief Secretary will come under the executive head of the UT-level elected body (proposed to be the Chief Minister’’, the joint statement said.
BJP leader and former Chairman-cum-CEC Leh Autonomous Hill Council, Tashi Gyalson, who also attended today’s meeting told the Excelsior that in addition to UT-level legislative body, there will also be seven district councils in Ladakh. Number of districts in Ladakh was recently raised by the MHA from two to seven.
Strongly hailing the decision, Tashi said what type of UT-level legislative body will be including its name, mode of elections and other issues will be decided through meetings between all stakeholders.
Thupstan Chhewang, a two-time MP from Ladakh, who was also part of deliberations, said the nomenclature for UT-level new Constitutional dispensation will be finalized after due deliberations. He said all seven districts will have Zila Parishads and will be accorded appropriate autonomy within their respective areas of jurisdiction especially in matters related to culture and land.
The LAB and KDA joint statement said the MHA authorities explained that the only reason why Ladakh cannot be made a state at the moment is that it currently lacks adequate revenue generation to meet the revenue expenditures like salaries of employees.
However, it added, this setup will lead Ladakh towards full Statehood as and when it meets the revenue criteria.
“The LAB and KDA today reached an in-principle understanding with the Government of India on restoring democracy in Ladakh and providing Constitutional safeguards on the lines of Article 371 A, F, and G (as applied to Nagaland, Sikkim and Mizoram),’’ the joint statement said, adding the KDA and LAB look forward to closely working out the finer operational details with the MHA in consultations with legal and Constitutional experts.
Sources said the MHA will prepare draft for UT level legislative body with suggestions from LAB and KDA before its implementation.
Sources said the MHA didn’t give any timeline for implementation of the proposals though they asked for it. However, the Ministry officials assured that it will be done as early as possible.
Thupstan Chhewang said: “The agreement to secure Ladakh’s status under Article 371 of the Constitution—incorporating provisions of the Sixth Schedule along with meaningful financial and administrative empowerment of local institutions, an elected Union Territory-level Legislature with a leader having status equivalent to a Chief Minister—represents a historic step forward for the people of this region’’.
He added that the finer details of the consensus will be worked out by the Home Ministry. All stakeholders will have the opportunity to submit their suggestions and recommendations in writing for the sake of an inclusive and participatory process.
Today’s meeting among others was attended by senior officers of MHA and UT administration of Ladakh; Thupstan Chhewang, Haji Hanifa Jan, MP, Dr Mohd Jaffer Akhoon, chairman-cum-CEC of Ladakh Hill Council, Tashi Gyalson, BJP leader and former CEC Leh Council; Chering Dorjay Lakrook, Sonam Wangchuk and Dorjey Stanzin; all from LAB; Asgar Ali Karbalai, Sajjad Kargili and Ghulam Rasool Nagvi from KDA.
The LAB and KDA had been agitating for more than five years demanding Statehood and Sixth Schedule status to Ladakh.
A series of meetings were held by the MHA including that of High Powered Committee (HPC) headed by Union Minister of State for Home Nityanand Rai and the Sub-Committee in which issues of domicile and reservation etc were addressed.
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