New quota, domicile rules in Ladakh plan

Hindustan Times

4 days ago

The Union government on Tuesday notified a raft of landmark rules for Ladakh, allowing reservation up to 85%, a 15-year residency requirement for domicile status, setting aside one-third of seats in hill councils for women, and recognising five official languages.
The rules – part of efforts to safeguard the region's interests – come after months of protest by local groups and represent the most significant change to the region's administrative architecture since it was made into a Union Territory and hived off from Jammu and Kashmir in August 2019.
'The rules were notified days after the ministry and Ladakhi representatives met on May 27 and agreed,' said an official aware of the matter.
In 2023, the Union home ministry formed a high-powered committee under minister of state for home, Nityanand Rai, to discuss ways to protect Ladakh's unique culture and language, considering its location and strategic importance. The panel, which included the members of Apex Body Leh and Kargil Democratic Alliance — a collective of trade unions, tourist bodies, and religious and political groups — deliberated on protections for land and employment, and the empowerment of the Ladakh Autonomous Hill Development Councils of Leh and Kargil, and other constitutional safeguards.
The Ladakh Civil Services Decentralisation and Recruitment (Amendment) Regulation said those who have resided for a period of 15 years in the UT or studied for a period of seven years and appeared in Class 10 or 12 examination in an educational institution located in the UT shall be declared a domicile of Ladakh for the purposes of appointment to any post under the UT, or under a local or other authority other than the cantonment board.
Children of central government officials, All India Services officers, officials of public sector undertaking and autonomous body of central government, public sector banks, officials of statutory bodies, officials of central universities, and recognised research institutes of central government who have served in the UT for a total period of 10 years, are also eligible for domicile status.
The domicile policy is almost identical to that of the Union territory of Jammu & Kashmir, announced in May 2020.
The Union Territory of Ladakh Reservation (Amendment) Regulation, also notified on Tuesday, said the total quantum of reservation for jobs shall in no case exceed 85% of the available vacancies, excluding reservation for economically weaker sections.
The official cited above said 80% of the vacancies were reserved for the region's majority, Scheduled Tribes (STs), 4% for those living along the Line of Actual Control or Line of Control, 1% for the Scheduled Castes, and 10% for the Economically Weaker Sections.
The ministry had proposed 95% of the reservation for locals during discussions. This will make Ladakh have among the highest quanta of reservations in the country.
In a third notification, the government said that in the Ladakh Autonomous Hill Development Councils Act, 1997, not less than one-third of the total number of seats in the Councils shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies. The rotation of constituencies reserved for women shall be made on the basis of serial number allotted to each constituency by notification in the official gazette.
Ladakh has two autonomous hill development councils - the Ladakh Autonomous Hill Development Council, Leh and the Ladakh Autonomous Hill Development Council, Kargil.
The fourth notification, the Ladakh Official Languages Regulation, recognised English, Hindi, Urdu, Bhoti, and Purgi as the official languages and said that the administrator 'shall make special efforts for the promotion and development of other native languages of Ladakh: Shina (Dardic), Brokskat (Dardic), Balti and Ladakhi'.
The Union Territory of Ladakh was created on August 5, 2019 after the Union government effectively abrogated Article 370, which used to bestow special status to Jammu and Kashmir, and split the erstwhile state into two UTs – Jammu and Kashmir with a legislative assembly and Ladakh without one.
Since then, a string of protests have rocked Ladakh and had echoes in the Capital. In February 2024, thousands protested in Delhi, Leh and other parts of Ladakh demanding statehood and safeguards under the Sixth Schedule of the Constitution.
Environmental activist Sonam Wangchuk ended his 15-day fast in Delhi in October last year after a home ministry official met the protesters and promised to resume the talks related to Ladakh's development.
Last year, the UT was roiled by protracted agitations across 66 days, over sixth schedule protections, statehood, an additional Lok Sabha constituency, unemployment and a separate public service commission
The agitation intensified on March 6 last year, with Leh observing a complete shutdown followed by a 66-day hunger strike that was suspended three days ago in view of the Lok Sabha elections. The agitations saw BJP dropping its incumbent MP Jamyang Tsering Namgyal and fielding Tashi Gyalson to soothe the frayed nerves of the people.
Sajjad Kargili, a leader from Kargil who participated in the high-powered panel meetings, called the notifications a positive step. 'All the assurances given by the government of India have been largely fulfilled. I believe this will now help local youth get employment in Ladakh, who have been in depression for the past six years, as no recruitment was done.'
Kargili said they will continue discussions on other demands, including a separate public service commission, statehood, and the region's inclusion in the Sixth Schedule, which provides for the administration of tribal areas, establishment of autonomous councils with legislative, executive, judicial, and financial powers with a degree of self-governance.
The rules define five categories under which a domicile certificate can be issued. Category 1 includes a Ladakh Resident Certificate (LRC) Holder or those eligible for LRC, or children of anyone in this category. They will have to present LRC or a document to prove their eligibility.
Category 2 includes children of residents of the UT of Ladakh who resided outside the UT in connection with employment of business, or other professional or vocational reasons.
Category 3 includes any person who has resided in Ladakh for 15 years or children of any such person in this category. They can present any document as proof of residence, such as a ration card, immovable property records, educational records, voter list, electricity utility bills, or an employer certificate.
A person who has studied for a period of seven years and appeared in Class 10th or 12th examination in an educational institution located in Ladakh can apply for domicile under Category 4. They are required to present a certificate of education issued by the head of the institute and verified by the chief education officer of the school department of the concerned district, from the date of formation of the Union territory of Ladakh, that is, October 31, 2019 and a class 10th or 12th appearance certificate.
Category 5 includes the children of central government officers, officials of public sector undertakings, autonomous bodies of the central government, public sector banks, officials of central universities, among others.