The concept of "Art & Architecture" in the Indian context is formally managed as a legal and institutional scheme for the preservation of the nation's cultural heritage. This framework is primarily governed by the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, which is an Act of Parliament. The Act was enacted on August 28, 1958, to provide for the preservation of ancient and historical monuments and archaeological sites of national importance, replacing earlier legislation like the Ancient Monuments Preservation Act, 1904. The problem it solved was establishing a comprehensive, post-independence legal mechanism to protect India's vast archaeological wealth.
The AMASR Act, 1958, works by empowering the Central Government to declare ancient monuments and archaeological sites as of national importance under Sections 3 and 4. The Act regulates construction activities near these sites by stipulating that the area within 100 meters of a protected monument is a prohibited area, and the area extending a further 200 meters is a regulated area. The Archaeological Survey of India (ASI), under the Ministry of Culture, administers over 3650 such monuments.
The legal scheme connects to the National Monuments Authority (NMA), a statutory body established in 2011 under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010. The NMA is tasked with granting permission for construction or re-construction in the regulated and prohibited areas. Furthermore, the preservation of this heritage is mandated by the Constitution of India under Article 49 (Directive Principles of State Policy) and is a Fundamental Duty of every citizen under Article 51A. Movable cultural property, such as sculptures and paintings, is regulated by the separate Antiquities and Art Treasures Act, 1972. The most significant recent change was the 2010 amendment, which established the NMA and formalized the strict restrictions on construction in the prohibited and regulated zones.