Actual Article
Article 49: Protection of monuments and places and objects of national importance
The State shall be under obligation 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 spoliation, disfigurement, destruction, removal, disposal, or export, as the case may be.
UPSC Notes for Article 49
Explanation:
- Directive Principle: Article 49 is part of the Directive Principles of State Policy (DPSPs) under Part IV of the Indian Constitution. It mandates the State to protect monuments, places, and objects of artistic or historic interest that are declared to be of national importance.
- Objective: The primary aim is to ensure the preservation and protection of India’s cultural heritage, preventing damage or degradation to historically significant sites and artifacts.
Key Points:
- Protection of Heritage: The State is responsible for safeguarding monuments and places of national importance against threats like vandalism, environmental damage, and urbanization.
- Legal Framework: Empowers the Parliament to enact laws for the protection and maintenance of these monuments and objects.
- National Importance: Refers to sites and artifacts that have been officially recognized and declared as possessing significant cultural, historical, or artistic value to the nation.
Important Cases and Commissions Related to Article 49
Cases:
- Rajeev Mankotia vs. Secretary to the President of India (1997): The Supreme Court emphasized the importance of preserving historical monuments and directed the government to take necessary measures to protect them.
- Rural Litigation and Entitlement Kendra vs. State of Uttar Pradesh (1985): Highlighted the need for environmental protection around historical sites, ensuring that developmental activities do not harm such monuments.
Commissions:
- National Commission for Heritage Sites: Proposed to provide recommendations and guidelines for the conservation of heritage sites, aligning with the objectives of Article 49.
- Archaeological Survey of India (ASI): A key organization under the Ministry of Culture, responsible for archaeological research and the conservation and preservation of cultural monuments.
Important Reports Related to Article 49
- Comprehensive Conservation and Management Plan for Monuments: Reports prepared by the ASI to outline strategies and actions for the preservation of various monuments and heritage sites across India.
- National Heritage Development and Augmentation Yojana (HRIDAY) Report: Focuses on the development and preservation of heritage cities, aligning with the goals of Article 49.
Previous Year Prelims Questions Related to Article 49
- Which of the following Directive Principles of State Policy focuses on the protection of monuments and places of national importance?
- A. Article 45
- B. Article 46
- C. Article 47
- D. Article 49
Correct Answer: D. Article 49
2. Article 49 of the Indian Constitution enjoins the State to protect:
- A. The environment and forests
- B. The monuments and places of national importance
- C. The interests of minorities
- D. The rights of workers
Correct Answer: B. The monuments and places of national importance
Previous Year Mains Questions Related to Article 49
- Mains 2015: “Discuss the significance of Article 49 of the Indian Constitution in the context of preserving India’s cultural heritage. What challenges does the State face in implementing this Directive Principle?”
- Mains 2019: “Evaluate the role of the Archaeological Survey of India in the protection of monuments and heritage sites in light of Article 49. What improvements can be suggested to enhance their effectiveness?”
Additional Insights:
- Government Initiatives: The government has launched various initiatives such as the HRIDAY scheme, Swachh Bharat Abhiyan for clean and protected heritage sites, and AMASR Act (Ancient Monuments and Archaeological Sites and Remains Act) to protect and manage heritage sites.
- Challenges: Despite robust frameworks, challenges like inadequate funding, lack of public awareness, environmental degradation, and encroachments persist, impacting the effective preservation of heritage sites.
- Future Directions: Enhancing public-private partnerships, increasing community involvement, leveraging technology for conservation efforts, and ensuring stricter enforcement of preservation laws are crucial for the effective implementation of Article 49.
By understanding Article 49, UPSC aspirants can gain insights into the constitutional directive aimed at protecting and preserving India’s rich cultural and historical heritage. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the role of Directive Principles in shaping state policies for cultural preservation.