Article 49 of the Costitution of India with Case law
Article 49 of the Constitution of India is part of the Directive Principles of State Policy (Part IV), which are not enforceable by any court but are fundamental to the governance of the country.
🔹 Article 49 – Protection of monuments and places and objects of national importance
Text of Article 49:
“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 spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.”
🔍 Key Features:
Duty of the State: Article 49 imposes a duty on the State (both Union and State Governments) to protect monuments, places, and objects of artistic or historic interest.
Scope: Applies to nationally important monuments as declared by Parliament.
Objective: To preserve national heritage for future generations.
⚖️ Relevant Case Laws:
1. Intach v. State of Kerala, 1998
Facts: The Indian National Trust for Art and Cultural Heritage (INTACH) filed a petition for the protection of a historically important palace.
Held: The High Court emphasized the State's obligation under Article 49 to protect such heritage.
Significance: Reinforced that heritage conservation is a constitutional duty.
2. M.C. Mehta v. Union of India (Taj Trapezium Case), AIR 1997 SC 734
Facts: Concerned with the deterioration of the Taj Mahal due to industrial pollution.
Held: The Supreme Court directed industries around the Taj Mahal to switch to cleaner fuels or relocate.
Significance: Although Article 49 was not explicitly mentioned, the judgment reflects the spirit of Article 49 in protecting monuments from destruction and disfigurement.
3. Rajiv Sarin v. State of Uttarakhand, (2011) 8 SCC 708
Facts: Related to the conservation of forests and cultural heritage.
Held: The Court stated that environmental and cultural heritage preservation are constitutional obligations under various Articles including Article 49.
🏛️ Associated Laws:
The Ancient Monuments and Archaeological Sites and Remains Act, 1958
Provides legal protection to monuments of national importance and empowers the Archaeological Survey of India (ASI).
✅ Conclusion:
Article 49 emphasizes the cultural responsibility of the State to safeguard India's rich heritage. While it is not justiciable on its own, courts have interpreted it harmoniously with other fundamental rights and environmental laws to enforce heritage protection indirectly.
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