Part IV
Article 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, 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.  While preservation of history was deemed significant in general, there was no substantial debate on the question. An amendment to add the term ‘disfigurement‘ was moved, and accepted.

The amended Draft Article was adopted on the same day, that is 24 November 1948.

The phrase ‘under law made by Parliament’ was later inserted by the Constitution (Seventh Amendment) Act, 1956.