MHA draft on Ladakh demands: Elected body’s laws need L-G nod

A draft governance framework prepared by the Ministry of Home Affairs (MHA) for the proposed elected body of Ladakh demands that all laws made by the body would require the assent of the Lieutenant Governor before they become effective. Existing Central laws would still apply to the Union Territory. The draft, which is a "consultation draft" according to the MHA, proposes constitutional status to a Union Territory-level elected body through a new Article 371K.

The body would have the power to make "regulations" on specified subjects, with its functions and the institution itself to be defined through a Presidential regulation under Article 240. The draft also outlines removal of members of the elected body by the LG for various reasons, and gives the Union's executive power to issue directions to the body.

The Administrator would have oversight powers. However, Ladakh leaders argue that this significantly deviates from their earlier understanding of the proposed body, which they believed would exercise genuine legislative authority at the UT level. The draft does not propose giving the body general competence over the State List, rather outlining subjects like land, forests, cultural affairs, and budget-making through which it could make regulations.

The bureaucratic structure is another contentious issue, with the draft providing for a Chief Executive Secretary to head the secretariat of the proposed body, rather than granting extensive administrative control to the body as Ladakh representatives seek. The body would still operate within the Constitution and all laws applicable to Ladakh, and Central laws would continue to apply, similar to the Article 371A model in Nagaland.