Article 49 of Indian Constitution - Detailed Analysis

Article 49 of Indian Constitution states that “It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests,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.”

Article 49 is to ensure the protection of the cultural heritage of India, specifically the preservation of monuments, places and objects of historical and artistic importance. The provision also prevents any harm or degradation to these significant sites and ensures they are preserved for future generations.

The Supreme Court in Rajeev Mankotia vs Secretary to the President of India (1997) highlighted the importance of protection of historical monuments and ordered the government to take effective steps to safeguard the cultural assets.

In Rural Litigation and Entitlement Kendra vs State of Uttar Pradesh (1985) the Supreme Court emphasized the need for environmental protection around historical sites. The Court in its decision stressed that developmental activities must not damage or harm the integrity of monuments or archaeological sites.

Article 49 plays an important role in ensuring that cultural and historical heritage of India is preserved and protected. The judicial interpretation reinforced the duty of the State to safeguard monuments, historical places and objects of national importance.