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Article 49 of the Indian Constitution: Protection of Monuments and Places and Objects of National Importance

Part: IV
Shorthand Notes: State to protect nationally important monuments/sites (DPSP)

Article 49 of the Indian Constitution is a significant directive principle that underscores the State’s commitment to preserving India’s rich cultural and historical heritage. It places a positive obligation on the government to protect monuments, places, and objects that have been deemed of national importance, recognizing their invaluable contribution to the nation’s identity and history.

This article is part of Part IV of the Constitution, which deals with the Directive Principles of State Policy. While not directly enforceable in a court of law, these principles are fundamental in the governance of the country and are expected to guide the State in making laws and framing policies. Article 49 specifically highlights the importance of safeguarding tangible cultural heritage for future generations.

Original Text

The original text of Article 49 of the Constitution of India is as follows:

49. Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be.

Detailed Explanation

Article 49 lays down a clear duty upon the ‘State’ (as defined in Article 12, encompassing the central and state governments, Parliament, state legislatures, and local authorities) to actively protect certain categories of cultural and historical assets. The key elements of this article are:

  1. The Subjects of Protection: The article covers “every monument or place or object of artistic or historic interest”. This broad classification includes buildings, archaeological sites, sculptures, artifacts, and other items that hold significant cultural or historical value.
  2. Condition for Protection: The protection mandated by Article 49 applies only to those monuments, places, or objects that have been “declared by or under law made by Parliament to be of national importance”. This means that the Constitution itself doesn’t automatically protect everything; it delegates the power to identify and list such assets to the Parliament.
  3. The Nature of Protection: The State is obligated to protect these declared sites and objects from specific forms of harm: “spoilation, disfigurement, destruction, removal, disposal or export”. This covers a range of potential threats, ensuring that the integrity, appearance, and location of the asset are preserved.
  4. Obligation of the State: The use of the word “obligation” signifies a clear responsibility cast upon the governmental authorities at all levels to take necessary measures, including enacting legislation and implementing administrative actions, to fulfill this directive.

This article provides the constitutional basis for parliamentary laws like the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), which is the primary legislation for declaring and protecting monuments and sites of national importance in India. The Archaeological Survey of India (ASI) is the central government body primarily responsible for the implementation of the AMASR Act and the protection of centrally protected monuments.

Detailed Notes

  • Article 49 is a Directive Principle of State Policy (DPSP) contained in Part IV of the Constitution of India.
  • It is not directly enforceable in a court of law but is fundamental in the governance of the country.
  • It places an obligation on the ‘State’ to protect specific types of heritage assets.
  • The assets to be protected are:
    • Monuments
    • Places
    • Objects of artistic or historic interest.
  • Protection is mandatory only for those assets that have been “declared by or under law made by Parliament to be of national importance”.
  • This parliamentary declaration is a prerequisite for attracting the protective obligation under Article 49.
  • The specific harms from which protection is required are:
    • Spoilation (ruining or plundering)
    • Disfigurement (marring the appearance)
    • Destruction (complete demolition)
    • Removal (shifting from original location)
    • Disposal (selling or giving away)
    • Export (taking out of the country).
  • The article serves as the constitutional foundation for specific legislation related to the protection of national heritage.
  • The primary law enacted by Parliament under the purview of this article is the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
  • The Archaeological Survey of India (ASI) functions under the AMASR Act to identify, declare, and maintain centrally protected monuments and sites.
  • The State’s obligation requires proactive measures like conservation, preservation, regulation of activities around the sites, and prevention of damage or unauthorized alteration.
  • This article reflects the constitutional recognition of the importance of cultural heritage preservation for national identity and historical understanding.
  • State governments also have their own laws for the protection of state-protected monuments and sites, complementing the central act and fulfilling their aspect of the ‘State’ obligation under this principle.

Additional Comments

  • Article 49, though a DPSP, highlights a critical area where the State is expected to take concrete action through legislation and executive action.
  • The implementation of Article 49 through the AMASR Act has led to the protection of thousands of monuments and sites across India.
  • The concept of “national importance” is crucial and determined by Parliament based on criteria like historical, archaeological, or architectural significance.
  • Issues related to encroachment, unauthorized construction, and inadequate funding often pose challenges in the effective implementation of the protection mandated by Article 49.

Summary

Article 49 of the Indian Constitution directs the State to protect monuments, places, and objects of artistic or historic interest that Parliament has declared to be of national importance. This obligation involves safeguarding these assets from damage, destruction, removal, or export, ensuring the preservation of India’s cultural and historical heritage for future generations. It serves as the constitutional basis for laws like the Ancient Monuments and Archaeological Sites and Remains Act, 1958, facilitating the identification and conservation of nationally significant heritage sites.
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