Draft:Calls for autonomy in Jammu and Kashmir and Ladakh

  1. Home
  2. Wiki

Following the revocation of the special status of Jammu and Kashmir, the former state of Jammu and Kashmir was bifurcated into the union territory of Jammu and Kashmir and the union territory of Ladakh. Following the bifurcation, calls in Jammu and Kashmir began for the restoration of its statehood,[1][2] while Ladakh also saw similar demands in the following months.[3][4]

Historical Context

[edit]

Ladakh's Relationship with Jammu and Kashmir

[edit]

Historically, Ladakh was an independent kingdom until the invasion by Gulab Singh in 1834, which led to its incorporation into the State of Jammu and Kashmir (J&K) in 1846.[5][6][7]Geographically, culturally, and ethnically, Ladakh has long been considered one of three distinct homogeneous regions within J&K, alongside Jammu and the Kashmir Valley.[5]

Following India's independence in 1947, a movement emerged in Ladakh to "free Ladakh from Kashmir".[5] Leh's Buddhist leadership largely defined its politics through a sense of antagonism towards Kashmir.[8] Early demands for separation and direct rule under the Indian Union or amalgamation with Hindu-majority areas of Jammu were articulated by organizations like the Young Men’s Buddhist Association (YMBA) and the Ladakh Buddhist Association (LBA) to Maharaja Hari Singh and later to Jawaharlal Nehru. [8][9]Nehru, though sympathetic, declined these demands to avoid weakening India's stance on Kashmir in the UN Security Council.[10][11][9]

The political system in Kashmir was perceived by many Ladakhi's as fundamentally communalist, influencing their strategies.[5][12] Ladakhi leaders, both Muslim and Buddhist, felt discriminated against by the state government.[5] The Gajendragadkar Commission of Inquiry (1968) officially recognized that J&K was composed of three separate homogeneous regions: Jammu, Kashmir, and Ladakh.[5][13]

In 1979, Ladakh was split into two districts: Leh (predominantly Buddhist) and Kargil (predominantly Muslim), a move seen by some as an attempt to divide the population along religious lines and weaken the Buddhist movement.[8][9][14][15][16]This led to distinct political alignments, with Leh's Buddhist-based identity politics often diverging from Kargil's Muslim-based politics.[5][8]

The late 1980s saw a renewed and at times violent agitation for Union Territory (UT) status, launched by the Ladakh People’s Movement for Union Territory Status (LPMUTS), which accused the Kashmir government of treating Ladakhis as "third-rate citizens". [5][10][15]This period also saw a "social boycott" of Kashmiri Muslims, and later all Muslims, which severely impacted inter-communal relations. Following the 1989 agitation, a significant portion of Ladakh's population was granted Scheduled Tribe (ST) status, and Autonomous Hill Development Councils (LAHDCs) were established for Leh (1995) and later Kargil (2003) as an interim measure, though the demand for UT status persisted.[10][8][9]

Jammu and Kashmir and Ladakh as a Union Territory

[edit]

The abrogation of Article 370 in August 2019 by the Narendra Modi Government led to the reorganisation of J&K into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).[17][10][14]This move was largely celebrated in Leh, where leaders had long sought separation from Kashmir.[10][11][17][14]However, in Kargil, the decision was met with despondency and protests, with leaders observing it as a "black day" and initially identifying with Kashmir-based sentiments.[11]

The creation of Ladakh as a UT without a legislature meant that political representation was significantly reduced, with only a single Member of Parliament (MP) representing the region.This centralisation of power, with administration largely in the hands of bureaucrats and the Lieutenant Governor, led to a sense of political disempowerment and alienation, even in Leh, after the initial euphoria faded.[18][10][8][11]

In the Supreme Court

[edit]

In the famous Shah Faesal v. Union of India,[19]the supreme court of India gave the following judgments:

For Jammu and Kashmir

[edit]
  • On 11 December 2023, the Supreme Court of India unanimously upheld the abrogation of Articles 370 and 35A, while also directing the union government to restore the statehood "as soon as possible" for the state of Jammu and Kashmir and hold legislative assembly elections no later than September 2024.[20][21][22]
  • The Solicitor General, representing the Union of India, assured the Supreme Court that statehood would be restored to Jammu and Kashmir[23].This commitment was reinforced by a statement from the Hon'ble Home Minister on the floor of the House, affirming that the Union Territory status for J&K is a temporary measure and that it would revert to a State.[24]

For Ladakh

[edit]
  • In contrast to Jammu and Kashmir, the Solicitor General confirmed that the status of the Union Territory of Ladakh will not be affected by the restoration of statehood to Jammu and Kashmir.[25]
  • The Supreme Court upheld the creation of the Union Territory of Ladakh, referencing Article 3(a) read with explanation of the constitution, which permits the formation of a Union Territory by separating territory from any State.[25] Justice Khanna also concurred with the decision to uphold the creation of the Union Territory of Ladakh. The Court acknowledged the security concerns in the territory when making this decision.[25]

Power to Convert a State into a Union Territory

[edit]

Given the Union Government's assurance regarding the restoration of statehood to Jammu and Kashmir, the Supreme Court did not find it necessary to definitively rule on whether the reorganization of the State of Jammu and Kashmir into two Union Territories is permissible under Article 3 of the Constitution.[25] The specific legal question of whether Parliament can extinguish the character of statehood by converting a State into one or more Union Territories under Article 3 was explicitly left open for determination in an appropriate future case.[26]

Justice Sanjiv Khanna, in his separate concurring opinion, highlighted that converting a State into a Union Territory has "grave consequences," including denying citizens an elected state government and impinging on federalism. He noted that such an action "must be justified by giving very strong and cogent grounds" and "strict compliance with Article 3 of the Constitution of India".[27]

In the assemblies

[edit]

Many legislative assemblies and AHDCs of the within the former Jammu and Kashmir raised support for more autonomy:

Jammu and Kashmir:

[edit]

The Jammu and Kashmir legislative assembly passed a non-binding resolution November 2024. Introduced by the Jammu and Kashmir National Conference-led government under Omar Abdullah, and supported by several mainstream political parties, including the Jammu and Kashmir People's Democratic Party, it sought the restoration of partial autonomy granted under Article 370, which was revoked by the government of India in August 2019.[28][29][30]

The resolution, raised by JKNC candidate Mr. Surinder Kumar Choudhary, states:[31]

The 2024 Jammu and Kashmir legislative assembly Resolution to restore autonomy

1. That this Legislative Assembly reaffirms the importance of the special status and constitutional guarantees, which safeguarded the identity, culture, and rights of the people of Jammu and Kashmir, and expresses concern over their unilateral removal.

2. This Assembly calls upon the Government of India to initiate dialogue with elected representatives of the people of Jammu and Kashmir for the restoration of special status, constitutional guarantees, and to work out constitutional mechanisms for restoring these provisions.

3. This Assembly emphasizes that any process for restoration must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir.

Ladakh:

[edit]

The Ladakh Autonomous Hill Development Council, Kargil passed a resolution Engineer poncho tashi , executive councilor for tourism and Zanskar affairs, moved the resolution and councilor Syed Abas Rizvi seconded the resolution.

The four-point resolution was passed after 21 out of 26 councilors signed it some of the resolution read:[32][33]

"After the reorganisation of the state of J&K, there has been a greater resentment among the general masses of Ladakh regarding the representation of the public in the government. lt has given rise to apprehensions among the public with regards to safeguard of land, job, culture and ecology. There is need of providing full-fledged statehood to Ladakh UT keeping in view of its strategic importance, unique culture, and population,"

_____________________________________________________________

“The protections provided regarding land, culture, jobs, and ecology were no more there. Hence, it has been unanimously agreed across all strata of Ladakh that only the sixth schedule of the Constitution can ensure due protection.”

Support from Parties:

[edit]

The Omar-led Government initially expressed support for the restoration of statehood and passed another resolution in the J&K Cabinet to that effect.[34][35][36] Some political observers and leaders including the Chief minister expressed hope that it would be restored within a year,[37] but after several months without any indication from the central government, expectations of early restoration began to decline. the chief minister Omar Abdullah then launched a door-to-door signature campaign for statehood, which drew criticism from opposition parties.[38][39] Following the introduction of the Jammu and Kashmir Reorganization (Amendment) Bill, 2025, commentators noted that the likelihood of statehood being restored in the near future had significantly diminished.[40][41]

Support from other state and national parties poured in they are:

Congress

Janata Dal (United)

DMK

Rashtriya Janata Dal,

Left

Trinamool Congress

Nationalist Congress Party[42]

Other Body's Demands within J&K&L

[edit]

In Ladakh

[edit]

Ladakhi leaders and organizations have consistently sought the restoration of democracy and broader constitutional safeguards. In early 2023, a delegation from Ladakh met Union Minister of State for Home Affairs, Nityanand Rai, to press demands for statehood and inclusion under the Sixth Schedule of the Constitution.[43] Subsequent talks have continued, with the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) leading the four-point agenda: statehood, Sixth Schedule protections, job reservations, and separate Lok Sabha constituencies.[44] The Union government introduced several regulatory changes such as a 15-year domicile policy, expanded job reservations, multiple official languages, and seats reserved for women in hill councils, but leaders assert that the core demands of statehood and Sixth Schedule status remain unresolved.[45][46] Activists including Sonam Wangchuk and civil society groups have maintained advocacy through protests, hunger strikes, and marches, drawing attention to Ladakh’s strategic importance and the erosion of autonomy since 2019.[47] in August 2025, local bodies in Kargil launched a three-day hunger strike demanding statehood for Ladakh and its inclusion under the Sixth Schedule.[48]These developments indicate persistent agitation for constitutional recognition, though no concrete timeline or commitment for statehood or legislative restoration has been formalized by the central government as of August 2025.

On 1st September 2025 the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA) had a joint resolution as follows[49]

Joint Resolution adopted by Apex Body Leh and Kargil Democratic Alliance

Dated 1st September 2025.

An important joint meeting of the Apex Body Leh and Kargil Democratic Alliance was convened on the first day of September 2025. After due consideration and mutual discussion the meeting unanimously resolved it as follows:

First: Agenda for dialogue with the Ministry of Home Affairs. The Ministry of Home Affairs shall place statehood and constitutional safeguards under Sixth Schedule as the principal agenda in the forthcoming meeting with the Apex Body Leh and Kargil Democratic Alliance.

Second: Autonomy in internal composition. That it is further resolved that the Ministry of Home Affairs shall not dictate, interfere with, or prescribe the composition of the Apex Body Leh and Kargil Democratic Alliance’s High-Powered Committee as well as sub-committees.

(Signatures: Apex Body members and Kargil Democratic Alliance.)

Union Government's Response

[edit]

For Ladkah:

[edit]

The Central government has engaged in talks with Ladakhi leaders and formed a high-powered committee to address their concerns.[50][51][52]However, it has shown hesitation in granting full statehood or direct inclusion under the Sixth Schedule, sometimes offering "Sixth Schedule-like" protections instead.[53][14][11]

For Jammu and Kashmir:

[edit]

The Solicitor General, representing the Union of India, assured the Supreme Court that statehood would be restored to Jammu and Kashmir[23].This commitment was reinforced by a statement from the Hon'ble Home Minister on the floor of the House, affirming that the Union Territory status for J&K is a temporary measure and that it would revert to a State.[24]Serval prominent leaders within the union government also reflected the same.[54]

References

[edit]
  1. ^ "J&K statehood will be restored after delimitation and polls: Amit Shah". Livemint. 2021-10-23. Retrieved 2021-10-26.
  2. ^ Kar, Sharmita (2021-10-23). Ghosh, Poulomi (ed.). "Delimitation will happen, J&K statehood to be restored: Amit Shah in Srinagar". Hindustan Times. Retrieved 2021-10-26.
  3. ^ Zargar, Safwat (7 August 2021). "After two years of disagreement, Ladakh's Kargil and Leh regions now united in demand for statehood". Scroll.in. Retrieved 2021-10-26.
  4. ^ Ganai, Naseer (28 August 2021). "Ladakh Leaders Meet MoS Defence, Seek Restoration Of Statehood". Outlook India. Retrieved 2021-10-26.
  5. ^ a b c d e f g h van Beek, Martijn (2000). "Beyond Identity Fetishism: "Communal" Conflict in Ladakh and the Limits of Autonomy". Cultural Anthropology. 15 (4): 525–569. doi:10.1525/can.2000.15.4.525. ISSN 0886-7356. JSTOR 656621.
  6. ^ Marks, Thomas A. (1977). "History and Religion in the Ladakhi Kingdom". The Tibet Journal. 2 (2): 38–56. ISSN 0970-5368. JSTOR 43299855.
  7. ^ "History of Ladakh". www.jktdc.co.in. Retrieved 2025-09-06.
  8. ^ a b c d e f "Ladakhi Politics since the Formation of Union Territory". Economic & Political Weekly. 8 (18): 5 – via ResearchGate.
  9. ^ a b c d "Autonomy in J& K The Forgotten Identities of Ladakh". old.satp.org. Retrieved 2025-09-06.
  10. ^ a b c d e f Srinivasan, Venkataraghavan Subha (2021-10-29). "Untitled Story". mint. Retrieved 2025-09-06.
  11. ^ a b c d e "After Article 370 verdict, Centre and Ladakh need to be on the same page". The Indian Express. 2023-12-14. Retrieved 2025-09-06.
  12. ^ "Contemporary Ladakh Identifying the "Other" in Buddhist-Muslim Transformative Relations" (PDF). Institute of Peace and Conflict Studies: 8 – via files.ethz.ch.
  13. ^ P. B. Gajendragadkar, Chairman; Shankar Prasada, Member; Badr - ud - Din Tyabji, Member; B. P. Bagchi, Member (1968). Report of Jammu and Kashmir Commission of Inquiry, 1968. Jammu, Government Press.
  14. ^ a b c d "Statehood to Ladakh will be a step towards slavery of Buddhists". 2024-03-06. Retrieved 2025-09-06.
  15. ^ a b Srinivasan, Venkataraghavan Subha (2021-10-29). "Untitled Story". mint. Retrieved 2025-09-06.
  16. ^ "Union Territory status for Ladakh: Understanding the politics – Asia Dialogue". Retrieved 2025-09-06.
  17. ^ a b "Ladakh protesters seek Statehood and constitutional safeguards". The Hindu. Retrieved 2025-09-06.
  18. ^ "Explained: What is the Sixth Schedule, and can Ladakh be included under it?". The Indian Express. 2023-01-31. Retrieved 2025-09-06.
  19. ^ "Shah Faesal v. Union of India, Writ petition (civil) no. 1099 of 2019 , Case on Article 370" (PDF).
  20. ^ "Live Updates: Supreme Court Backs Centre On Scrapping Of Jammu & Kashmir Special Status". NDTV. 11 December 2023. Retrieved 11 December 2023.
  21. ^ Bhakto, Anando (11 December 2023). "Jammu and Kashmir: Supreme Court upholds abrogation of Article 370 in landmark decision". Frontline. Retrieved 22 June 2024.
  22. ^ "IN THE SUPREME COURT OF INDIA ORIGINAL WRIT / APPELLATE JURISDICTION (page 342 last lines)" (PDF).
  23. ^ a b "IN THE SUPREME COURT OF INDIA ORIGINAL WRIT / APPELLATE JURISDICTION (page 342 "The Solicitor General submitted that")" (PDF).
  24. ^ a b "Writ Petition (Civil) No. 1099 of 2019 "It was submitted that the Hon'ble"" (PDF).
  25. ^ a b c d "Writ Petition (Civil) No. 1099 of 2019 page 342 503" (PDF).
  26. ^ "Writ Petition (Civil) No. 1099 of 2019 Page 343 504" (PDF).
  27. ^ "Writ Petition (Civil) No. 1099 of 2019 Page 476 6" (PDF).
  28. ^ "Kashmir assembly passes resolution asking India to restore special status". Al Jazeera. 6 November 2024. Archived from the original on 18 November 2024. Retrieved 19 November 2024.
  29. ^ "As J&K Assembly Roars for Resolution, Can Restoring Article 370 Heal the Region?". The Wire. 17 November 2024. Retrieved 19 November 2024.
  30. ^ "Constitution of India (English version) Article-19 from Page 40 (last 6 lines) to Page 42 (11th line)" (PDF).
  31. ^ "Jammu and Kashmir Legislative Assembly Secretariat Srinagar/Jammu Page-3" (PDF). Archived (PDF) from the original on 27 Nov 2024.[permanent dead link]
  32. ^ "Kargil hill council passes resolution for Ladakh's statehood, jobs for locals, special status". Archived from the original on 2022-12-06. Retrieved 2025-09-06.
  33. ^ "LAHDC-Kargil passes resolution seeking statehood for Ladakh". Hindustan Times. 2022-11-25. Retrieved 2025-09-06.
  34. ^ "Omar Abdullah's J&K Cabinet passes resolution to restore statehood; PDP, BJP react". The Economic Times. 2024-10-18. ISSN 0013-0389. Retrieved 2025-08-24.
  35. ^ "J&K-DIPR". dipr.jk.gov.in. Archived from the original on 2025-04-28. Retrieved 2025-08-24.
  36. ^ PTI (2024-10-16). "Omar Abdullah optimistic about early restoration of statehood to J-K". The New Indian Express. Retrieved 2025-08-24.
  37. ^ Geelani, Syed Rizwan (2025-01-02). "'One year enough for GoI': CM Omar Abdullah on restoration of Statehood to Jammu and Kashmir". Greater Kashmir. Retrieved 2025-08-24.
  38. ^ Jameel, Yusuf (2025-08-15). "Omar Abdullah To Launch Door-To-Door Signature Campaign For Statehood". www.deccanchronicle.com. Retrieved 2025-08-24.
  39. ^ "Losing hope on statehood… This dual system built for failure': In first I-Day speech, Omar takes on Centre". The Indian Express. 2025-08-16. Retrieved 2025-08-24.
  40. ^ "THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT) BILL, 2025" (PDF).
  41. ^ OTV News English (2025-08-22). Omar Abdullah: "Hopes of Statehood Restoration Dashed". Retrieved 2025-08-24 – via YouTube.
  42. ^ "Article 370 revoked: Which political parties supported the bill, which opposed it".
  43. ^ PTI (2023-06-19). "Delegation from Ladakh presses for statehood, special status during meeting with MoS Home".
  44. ^ "Ladakh leaders demand statehood, Sixth Schedule status in next round of talks with Centre". 2025-07-17.
  45. ^ The Wire (2025-06-02). "'Issue of Statehood and Sixth Schedule Unresolved': Ladakh Leaders as Union Govt Notifies New Rules".
  46. ^ HT (2025-06-04). "Ladakh: Statehood issue yet to be addressed, say Kargil leaders".
  47. ^ "Indian activist's hunger strike for Ladakh autonomy draws thousands of supporters".
  48. ^ "Kargil, Ladakh bodies begin three-day protest". 2025-08-09.
  49. ^ Reach Ladakh (2025-09-01). Apex Body–KDA joint resolution: MHA cannot dictate committee composition at 0:56 (Hindi original audio). Retrieved 2025-09-06 – via YouTube.
  50. ^ Rashid, Hakeem Irfan (2024-03-07). "BJP kept Ladakh for sale, will continue protest fast and march towards border: Sonam Wangchuk". The Economic Times. ISSN 0013-0389. Retrieved 2025-09-06.
  51. ^ "Explained: What is the Sixth Schedule, and can Ladakh be included under it?". The Indian Express. 2023-01-31. Retrieved 2025-09-06.
  52. ^ Sumeda (2024-02-14). "Explained | Why has Ladakh turned to mass protests in freezing temperatures". The Hindu. ISSN 0971-751X. Retrieved 2025-09-06.
  53. ^ "Ladakh's Demand of Sixth Schedule". Drishti IAS. Retrieved 2025-09-06.
  54. ^ PTI (2025-03-29). "Statehood in Jammu and Kashmir to be restored as promised: Amit Shah". The Hindu. ISSN 0971-751X. Retrieved 2025-09-07.