Indian Independence Act of 1947

Clement Attlee, the prime minister of Britain declared on 20 Feb 1947, that British rule will end in India by 30 June 1948 and the power would be transferred to Indians.

On third June 1947, the British government made clear that the provinces are free to decide whether they want to be part of the constituent assembly of India (that was formed in 1946) or not.

Mountbatten plan:

Lord Mountbatten, the viceroy of India proposed a partition plan (this was also on 3rd June) called the Mountbatten plan. This plan was accepted by Congress and the Muslim League.

  • The plan included the partition principles, autonomy, the right to making own constitution, and the sovereignty of both countries.
  • On the 4th of July 1947, based on the Mountbatten plan, the bill of Indian independence was introduced in the House of Commons.
  • The bill was enacted by the British parliament on 18th July 1947 and became the Indian Independence Act of 1947.
Significances of the Indian Independent Act of 1947

In the end, the British officially ended their rule on 15th August 1947 in India. India became an independent and sovereign country.

  • The office of the Viceroys and the British governor-general was abolished.
  • The office of the secretary of state for India was abolished and his functions were transferred to the secretary of state for commonwealth affairs.
  • Partition of India into two independent states, i.e. India and Pakistan.
  • From August 15, 1947, the British paramountcy over Indian princely states and treaty relations with tribal areas were abolished.
  • The Britain government’s His Majesty has no responsibility with respect to the government of India or Pakistan.
  • The Indian princely states were free either to join the Dominion of India or the Dominion of Pakistan or even to stay independent.
  • No Acts of British parliament passed after the 15th of August 1947 was to extend either of new dominions, unless extended by the law of dominion legislature.
  • Both India, as well as Pakistan, were free to repeal any Act of the British Parliament.
  • Both dominions were free to frame or adopt their own constitution.
  • The Act provided that the Act of 1935 would be in function of governance in both dominions until the new constitution was framed. However, the Dominions were authorized to make modifications to the Act.
  • The Governor-General of India and the provincial governors were designated as constitutional (nominal) heads of the states. They had to act on the advice of the respective council of ministers in all matters.
  • By this act, the title of Emperor of India from the royal tiles of King of England was dropped.

By the Indian Independence Act of 1947, the appointment of civil servants and reservation of posts by the secretary of state of India was discontinued, however, it was provided that the members of civil services appointed before 15th august 1947, would continue all the benefits that they were entitled to.

Implementation of the Act

According to the provision of the Act, the two dominions were created as India and Pakistan.

  • India got Independence on 15th August 1947.
  • Pakistan was formed on 14th August 1947.
  • Lord Mountbatten became the first Governor-General of the new dominion of India.
  • Lord Mountbatten swore in Jawaharlal Nehru as the first prime minister of Independent India.
  • The Constituent Assembly of India (formed in 1946) became the Parliament of the Indian Dominion.
  • Article 395 of the Indian Constitution repealed the Indian Independence Act of 1947
  • Muhammad Ali Jinnah became the Governor-general of Pakistan.

 

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14th August- Partition Horror Remembrance Day - PCSSTUDIES · August 14, 2021 at 3:53 pm

[…] In our history, The partition of India was the division of British India into two Dominions India and Pakistan. The two states have since gone through further reorganization: the Dominion of India is today the Republic of India and Pakistan. To read more visit the post-Indian Independent Act of 1947. […]

  • Constitutional Development of India - PCSSTUDIES Polity · November 1, 2021 at 11:47 am

    […] After the Act of 1935, many developments came into the system. The August offer of 1940, Cripps proposal of 1942, C.R formula of 1944 for the cooperation of Muslim League, Wavell Plan of 1945 at cabinet mission. Mountbatten plan in 1947 and the Indian Independence Act of 1947. […]

  • Governors General of India - PCSSTUDIES - History · November 26, 2021 at 9:49 pm

    […] Indian Independent Act of 1947  […]

  • The Constituent Assembly - PCSSTUDIES % Polity · September 12, 2022 at 8:47 pm

    […] Mountbatten’s plan for the partition of the country was accepted on 28 April 1947. […]

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