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 spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
Version 1
Article 39, Draft Constitution of India 1948
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, destruction, removal, disposal or export, as the case may be, and to preserve and maintain according to law made by Parliament all such monuments or places or objects.
Version 2
Article 49, Constitution of India 1950
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
Summary
Draft Article 39 (Article 49) was debated on 24 November 1948. The phrase ‘under law made by Parliament’ was inserted by the Constitution (Seventh Amendment Act), 1956. While preservation of history was deemed significant in general, the sole debate was on whether the parliament should have the power to make these declarations. This power has today been constitutionally extended