Article 49 – Indian Constitution [Explanation]

This article is a compilation of Article 49 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 49

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, 1[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. —————– 1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law” (w.e.f. 1-11-1956).

🔍 Explanation

 The literal meaning of the Directive Principles of State Policy (DPSP) is the principles that guide the policy of the  state .

When  the constitution  was framed, the people had  no experience of ruling in a democratic state and making laws in the interest of the country. Especially for the states that were about to take over after a long colonial period.

As we know that   it is not mandatory for politicians in our country to be educated . In such a situation, a guide becomes necessary so that the policy makers always know which way to go.

◾ It was not that DPSP was a new idea but   it was already working in Ireland and we took it from there.

◾ The Directive Principles of State Policy (DPSP) are the guidelines for making laws and policies for the welfare and development of the citizens. These are included in Part IV of the Indian Constitution.

These principles are non-enforceable, meaning they are not enforceable by the courts, however, are considered fundamental in the governance of the country and must be taken into account by the government while formulating laws and policies.

Overall, policy-directive elements are those elements of democratic and constitutional development whose objective is to establish a public-welfare state.

Classification of DPSP — Below you can see the classification of Directive Principles. This will make it easier for you to understand why the articles you are reading have been included in the DPSP and for what purposes it has been targeted.

Principles	Articles
Socialist	⚫ Article 38 ⚫ Article 39 ⚫ Article 39A ⚫ Article 41 ⚫ Article 42 ⚫ Article 43 ⚫ Article 43A ⚫ Article 47
Gandhian	⚫ Article 40 ⚫ Article 43 ⚫ Article 43B ⚫ Article 46 ⚫ Article 48
Liberal intellectual	⚫ Article 44 ⚫ Article 45 ⚫ Article 48 ⚫ Article 48A ⚫ Article 49 ⚫ Article 50 ⚫ Article 51

Apart from this, the directive elements can also be seen by dividing them into the following groups;

Welfare State Article 38 (1 and 2), Article 39 (B and C), Article 39A, Article 41, Article 42, Article 43, Article 43A and Article 47 are kept in the Policy Directive Principles of this group.

Equality of Dignity & Opportunity Articles 40, 41, 44, 45, 46, 47, 48 and 50 are kept in the policy directive elements of this group.

individual ‘s rights Articles 39A, 41, 42, 43, 45 and 47 are kept in the Policy Directive Principles of this group.

Article 36 to Article 51 comes under Part 4 of the Constitution. In this article we are going to understand Article 49 ;

⚫ Article-34 – Indian Constitution

⚫ Article-35 – Indian Constitution

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| Article 49 – Protection of monuments, places and objects of national importance

This article casts an obligation on the State to protect against plunder, defacement, destruction, removal, disposal or export of every monument or place or object of artistic or historical interest declared by or under law made by Parliament to be of national importance.

India has a rich cultural heritage and a large number of monuments, places and objects of national importance. Some places are famous all over the world because of their beautiful artwork, architects etc.

For example, the Taj Mahal, Ajanta and Ellora caves (a series of rock-cut cave monuments), Hampi (capital of the Vijayanagara Empire in the 14th century), Khajuraho (famous for intricate carvings and sculptures), Konark Sun Temple and Mahabalipuram It is one of the most important monuments, places and objects of national importance in India.

Certain factors have posed several challenges to the protection of India’s monuments, places and objects of national importance. Example you can see below;

◾ Lack of funds: Many of India’s monuments, places and objects of national importance need repair and maintenance, but there is often a lack of funds to complete these works.

◾Urbanization and Development: As cities and towns continue to expand, many historical sites and monuments are at risk of being destroyed or damaged due to construction and development.

◾ Climate change: Rising temperatures and extreme weather events can cause damage to historical sites, monuments and objects, making them difficult to preserve.

◾ Lack of awareness: Many people in India are not aware of the importance of preserving historical sites and monuments, which can make it difficult to get funding and support for conservation efforts.

◾Illegal trade: Illegal trade in antiquities and other cultural items is a significant threat to the conservation of India’s monuments, places and objects of national importance.

◾ Inadequate staff and expertise: Many historical sites and monuments in India do not have adequate staff.

◾ Natural calamities: Monuments, places and objects of national importance are prone to damage due to natural calamities like flood, earthquake, landslide, cyclone etc.

◾ Accessibility and Conservation: Many sites and monuments are located in remote areas and are not easily accessible to visitors and are difficult to protect and preserve.

However, despite the challenges, the Government of India has taken several steps to protect monuments, places and objects of national importance. Contains:

Establishment of the Archaeological Survey of India (ASI) which is responsible for the conservation and maintenance of historical monuments, sites and remains in India.

◾ Creation of the National Monuments Authority (NMA) which is responsible for the conservation and protection of national monuments and archaeological sites and remains.

◾The Ancient Monuments and Archaeological Sites and Remains Act, 1958 which provides for the protection of ancient and historical monuments, archaeological sites and remains of national importance.

◾The Indian National Trust for Art and Cultural Heritage (INTACH) is a non-profit organization that works towards the conservation and promotion of the cultural and natural heritage of India.

◾The UNESCO World Heritage List that recognizes sites of outstanding cultural or natural significance to the Common Heritage of Humanity and provides financial and technical assistance to these sites.

◾The National Mission on Monuments and Antiquities ( NMMA ) was launched in 2007-08 to document the country’s cultural heritage and preserve it for future generations.

These are some of the important steps taken by the Government of India to protect monuments, places and objects of national importance in order to fulfill its duty under Article 49.

So overall this is Article 49, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 48 ⚫ अनुच्छेद 50	⚫ Article 48 ⚫ Article 50

⚫ भारतीय संविधान ⚫ संसद की बेसिक्स ⚫ मौलिक अधिकार बेसिक्स ⚫ भारत की न्यायिक व्यवस्था ⚫ भारत की कार्यपालिका

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.