Centre notifies domicile rules, seeks to address Ladakh job, quota concerns

Indian Express

2 days ago

THE CENTRE has notified a series of regulations aimed at addressing Ladakh's concerns over jobs, quotas and cultural preservation. The new legal framework introduces a domicile-based job reservation system, recognition of local languages, and procedural clarity in civil service recruitment.
As per the new regulations, a person has to be a resident of Ladakh for 15 years to get a domicile certificate and be eligible for jobs, while the total quota for SC/STs has been capped at 85%, excluding the reservation for EWS. Since Ladakh is 90% tribal, it would virtually give reservation to all the indigenous Ladakhis.
The law, as it existed until now, under the Jammu and Kashmir Reservation Act, 2004, only mentioned that reservation for SC/STs 'shall not exceed the ratio and proportion as the population of each such category'.
The regulations, issued on Monday and Tuesday, come amid demands in Leh and Kargil for tribal autonomy and legal protection following Ladakh's bifurcation from Jammu and Kashmir in 2019. However, the regulations do not address another key Ladakh demand, for restricting land ownership by outsiders, which is behind the call for constitutional safeguards under the Sixth Schedule.
Sajjad Kargili of the Kargil Democratic Alliance, which has been spearheading protests in the Kargil region of Ladakh and been part of the meetings between the Centre and Ladakh civil society groups over their demands, expressed partial satisfaction over the regulations notified by the government.
'Something is better than nothing. There was a huge pressure from the public due to rising unemployment. We hope the government will also quickly notify vacancies now and fill up posts so that the frustration of youth is addressed,' Kargili told The Indian Express.
The most substantive change comes in the form of the Ladakh Civil Services Decentralization and Recruitment (Amendment) Regulation, 2025, which inserts a clear domicile criterion for recruitment into government services in the Union Territory.
Under Section 3A of the amended regulation, a person is considered a domicile of Ladakh if they have resided in the region for 15 years, or studied there for at least seven years and appeared in Class 10 or 12 examinations. Children of Central government employees who have served in Ladakh for at least 10 years are also eligible.
The accompanying rules, notified by the Ministry of Home Affairs on Tuesday, lay out a detailed procedure for issuing domicile certificates, with tehsildars designated as the competent authority and deputy commissioners as the appellate authority.
Applications may be made physically or online, the rule states, adding: 'The format shall clearly mention that the domicile certificate is valid only for the purpose of appointment to the posts under the Union Territory of Ladakh.'
Following a meeting with Union Home Minister Amit Shah last week, a High-Powered Committee (HPC) comprising representatives from both Leh and Kargil had reached a consensus to define a timeline for domicile certificates for Ladakh.
At the meeting, a consensus was reached that anyone living in Ladakh for 15 years from 2019 onwards could be considered a domicile of the region. This was a climbdown from the earlier demand that domicile certification require a period of stay of 30 years. However, since the starting point is 2019, the first domicile certificates would take effect in Ladakh only in 2034.
Incidentally, in the case of J&K, there is no cut-off year from when the 15-year stay in the UT is to be calculated for the purpose of domicile.
The Union Territory of Ladakh Reservation (Amendment) Regulation, 2025, updates the earlier Jammu and Kashmir Reservation Act, 2004, capping overall reservations at 85% for SCs and STs, excluding the EWS quota. It's seen as a way to streamline existing quotas without creating new categories specific to Ladakh's tribal demography.
Over 90% of Ladakh's population is ST, with Buddhist and Muslim tribal communities dominating Leh and Kargil, respectively. The 85% reservation allows near-complete representation for tribal and socially backward groups, aligning with Ladakh's demography.
This is substantively different from other UTs or states where STs are a minority compared to the rest of the population.
By explicitly excluding EWS from the 85% limit, the regulation safeguards tribal and backward class quotas from being eroded by newer economic reservations. This addresses Ladakh's concerns regarding identity-based protections.
Besides, through the Ladakh Autonomous Hill Development Councils (Amendment) Regulation, 2025, 'one-third reservation for women' is now mandated in these councils through rotation of constituencies.
However, while LAHDCs in Leh and Kargil have played a key role in local governance, their powers remain limited, especially in the absence of Sixth Schedule protection.
To address concerns about cultural erosion, the government has notified The Ladakh Official Languages Regulation, 2025, which recognises English, Hindi, Urdu, Bhoti and Purgi as official languages of the Union Territory.
In addition, Section 4 of the regulation empowers the Administrator to set up institutional mechanisms and an 'Academy of Art, Culture and Languages' to promote native dialects such as Shina, Brokskat, Balti and Ladakhi.
However, this may not entirely satisfy the demand for protections in Ladakh as the regulation lacks enforceable mandates for the use of these languages in official functions or education.
Since the special status of J&K was scrapped and Ladakh was carved out as a separate UT, residents have been seeking inclusion in the Sixth Schedule of the Constitution, which provides greater legislative and financial autonomy to tribal areas.
In December 2023, a four-member committee formed by the Ministry of Home Affairs to examine these demands held multiple consultations but stopped short of recommending Sixth Schedule status. The Centre is believed to be reluctant to include Ladakh under the Sixth Schedule, and has repeatedly told delegations that have had meetings with Amit Shah and other senior Home Ministry officials that the Centre will nevertheless provide safeguards to jobs, land, culture and language through legislation.
Unemployment has been a big concern for Ladakh since once it was carved out of J&K, it was disconnected from the employment policy of J&K, which retained its Public Service Commission.
'Over the last six years, no gazetted posts have been notified in Ladakh and nearly all recruitment is being done on contract basis,' Kargili had told The Indian Express earlier.
On Tuesday, he said that the Ladakh civil society will continue to push for inclusion of Ladakh under the Sixth Schedule. 'Our demand is that the domicile condition should be 30 years and not 15 years. Also, the new provisions do not address our concerns over land and environment… One of our key demands has been representative politics through the creation of an Assembly. So, these regulations are welcome, but they are only baby steps,' he said.
Sources said the Ladakh delegations will meet Union Home Ministry representatives next month to discuss the pending issues. 'In our past meetings with Amit Shah, we have been assured that all issues will be discussed,' Kargili said.