Ladakh Maps Separate Constitutional Governance Route, Chief Secretary Ashish Kundra Says

Ladakh is set to receive a proposed constitutional governance model that would be different from both full statehood and a Union Territory with a legislature, Chief Secretary Ashish Kundra said following discussions between Ladakh representatives and the Ministry of Home Affairs in New Delhi. The proposed framework is being described as a “sui generis” arrangement, meaning a unique model that would not have a direct equivalent elsewhere in the country. Kundra, who attended a meeting of the MHA sub-committee, said an agreement had been reached in principle on the broad idea of establishing an elected body at the Union Territory level under Article 371 of the Constitution.

He said the proposed structure would create another layer of elected governance while retaining the existing institutional framework in Ladakh. The arrangement, however, would require a constitutional amendment and approval by Parliament before it could come into effect. Explaining the proposed political architecture, Kundra said the panchayat would remain the foundational unit of governance in Ladakh. Above the panchayats would be the Ladakh Autonomous Hill Development Councils (LAHDCs), followed by the proposed elected Union Territory-level body. The exact division of responsibilities between the hill councils and the new body remains under discussion, including which powers and functions would fall under each institution.

Kundra said the Centre had placed a list of around eight to 10 questions before representatives of the Ladakh Apex Body and the Kargil Democratic Alliance regarding the proposed governance structure. The representatives were asked to consider the questions and consult people in their respective areas before responding to the Centre. According to Kundra, the objective is to use the next meeting, expected to be held in October, to move towards preparation of a draft document based on an emerging consensus. The Chief Secretary stressed that the proposal involves a constitutional amendment rather than the enactment of an ordinary law.

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He said the safeguards being considered for Ladakh would be provided under Article 371 and that any constitutional amendment would require the constitutionally prescribed parliamentary majority. This makes consensus on the fundamental principles of the proposed arrangement particularly important before the government proceeds with detailed legislative drafting. Kundra said legal drafting of the proposed Bill would begin only after the stakeholders reach agreement on the underlying principles of the governance framework. He also emphasised that the Centre does not want to impose a governance model on Ladakh without consulting local stakeholders. The approach, he said, is intended to ensure that the final arrangement reflects discussions with representatives of the region rather than being determined unilaterally.

The proposed framework would mark a significant change in Ladakh's governance structure if it is eventually approved. The region currently has elected hill councils alongside the Union Territory administration, and the proposed elected UT-level body would add another institutional layer. However, important questions concerning the distribution of powers between the LAHDCs and the proposed body remain unresolved. With further consultations expected before the October meeting, the final shape of the arrangement will depend on the outcome of discussions between the Centre and Ladakh's political representatives.

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