L-G would be final authority in proposed U.T.-level body in Ladakh, says Centre’s proposal

The proposed Union Territory-level elected body would represent Ladakh across the entire Union Territory. The Centre proposes creating it through a new constitutional provision under Article 371, in a proposed Chapter “K”. Its purpose is to give Ladakh a wider elected institution with constitutional protection and defined powers.

The body could make regulations and exercise executive, planning and financial powers. Possible subjects include land, culture and heritage, forests, the environment, natural resources, planning and budgeting. The draft also considers whether members should be elected directly or chosen indirectly through LAHDCs and panchayati raj institutions.

This body would operate alongside the existing Ladakh Autonomous Hill Development Councils, or LAHDCs, in each district. The draft asks whether those councils should also receive constitutional status. The final arrangement depends on decisions about representation, delimitation, nominated members, finances and the relationship between institutions.

In practice, the proposed elected body would not make effective regulations on its own. The Ministry of Home Affairs says every regulation would go to the Lieutenant Governor, or L-G, for assent. Only after that assent would the regulation take effect.

For example, if the body passed a regulation concerning land, forests or budgeting, the regulation would first move to the L-G. The draft describes this as a legislative practice enshrined in India’s Constitution. The mechanism therefore places formal approval with the Union Territory’s appointed administrator.

This arrangement would give the L-G decisive authority over the body’s regulations, even though the body would be elected. The draft does not state how the L-G would assess, return or reject a regulation. It does show that the constitutional amendment and Article 240 regulation must settle the framework clearly.

The proposal would create two main layers of elected or autonomous governance for Ladakh. The first would be a new elected body covering the entire Union Territory. The second would be the existing Ladakh Autonomous Hill Development Councils, or LAHDCs, operating in each district.

The new body would receive constitutional status and powers over regulation-making, executive action, planning and finances. The LAHDCs would remain part of the structure, but the draft asks whether they should receive constitutional status or continue under the LAHDC Act, 1997. Their future legal position is therefore not settled.

The draft also asks whether members of the Union Territory-level body should be elected indirectly through LAHDCs and panchayati raj institutions. That is an electoral design question, not a clear statement that panchayati raj institutions form another main layer under the proposal. The article identifies the two principal institutions directly.

The draft proposes giving the Union Territory-level body powers in areas central to Ladakh’s governance and protection. These include land, culture and heritage, forests, the environment, natural resources, planning and budgeting. It also mentions regulation-making and executive powers.

For example, the body could be involved in making regulations connected with land or environmental management, while also shaping plans and budgets. The article does not specify the exact division of responsibilities among the proposed body, the LAHDCs, and other institutions. It says a clear subject-allocation framework would be needed.

The proposal remains under discussion. The Centre is seeking views from the Leh Apex Body and Kargil Democratic Alliance on institutional choices and unresolved issues. Once those decisions are settled, the constitutional amendment and proposed regulation under Article 240 could be revised into a coherent package.

Under the proposed arrangement, assent is a condition for a regulation to become effective. The Ministry of Home Affairs says every regulation made by the Union Territory-level body would go to the Lieutenant Governor and take effect after his assent.

That means a regulation passed by the elected body would remain without effect if assent were not given. For instance, a measure concerning land, the environment or budgeting could not operate merely because the elected body had approved it. The L-G would remain the final authority in the process described.

The article does not explain what formally happens next if assent is withheld. It does not mention a veto procedure, a deadline, judicial review or a required reconsideration. Those details would need to be addressed while the constitutional amendment and the proposed Article 240 regulation are finalised.

Ladakh became a Union Territory after the applicability of Article 370 was revoked in the erstwhile State of Jammu and Kashmir in 2019. The Centre then constituted a high-level committee in 2023 to ensure constitutional safeguards for the region. The proposed framework responds to that continuing governance question.

The draft would create a new constitutional provision under Article 371, in a proposed Chapter “K”. It would give constitutional status to a Union Territory-wide elected body and address the position of the existing LAHDCs. It also considers powers over land, culture, forests, the environment, planning, budgets and natural resources.

The proposal is not final. The Centre is consulting the Leh Apex Body and Kargil Democratic Alliance through the high-level committee. It must still settle representation, delimitation, women’s reservations, institutional roles, finances and subject allocation before revising the constitutional amendment and Article 240 regulation.

The article describes a division between elected law-making and appointed administrative approval. The proposed Union Territory-level body would be elected and would make regulations for Ladakh. The Lieutenant Governor, appointed to administer the Union Territory, would then receive those regulations for assent.

The key mechanism is sequential. First, the elected body passes a regulation. Next, it goes to the L-G. It takes effect only after the L-G’s assent. The Ministry of Home Affairs calls this practice enshrined in India’s Constitution, making the L-G the final authority over the proposed body’s regulations.

The article does not provide a wider explanation of every constitutional power shared between elected representatives and administrators. It does show that the proposed framework would combine elected representation with L-G approval. The final amendment and Article 240 regulation are expected to clarify this relationship and allocate subjects.