Q. Consider the following states:
1. Archaeological sites are enlisted in only the Union List of 7th schedule of Constitution of India
2. Only the Central Government regulates all the archaeological excavations in the country
3. The states have demands to bring the subject in concurrent list so that they can legislate on Archaeological sites and remains in their territories
Which among the above statements is/ are correct?
Answer:
Only 2 is correct
Notes: The subject is in Union List as well as the State List. In Union List entry 67 says:
67. Ancient and historical monuments and records, and archaeological sites and remains, 1[declared by or under law made by Parliament] to be of national importance.
In Concurrent List the entry 40 says:
40. Archaeological sites and remains other than those 1[declared by or under law made by Parliament] to be of national importance. This holds statement 1 incorrect. But statement 2 is correct, because statement 2 is related to excavations and NOT preservation. The Central Government, through the Archaeological Survey of India, regulates all the archaeological excavations in the country. According to the AMASR Act (Ancient and Historical Monuments and Archaeological Sites and Remains ) prior approval of the Central Government is a must for undertaking any excavation for archaeological purposes, in any area whether it is protected or other than protected area. Please note that this act has been amended in 2010 for giving definition to the Heritage sites. The new legislation has also provided a framework for meeting international obligations under UNESCO Heritage Conservation to which India is a signatory since 1977.
Statement 3 is fictional and framed to confuse you.