Independence Act of 1947

1. Hassan raza
BSF-1701505
B.Ed. (Hons). (Evening)
indian independence act 1947
Sir Yawer

2. Introduction
He Indian Independence Act 1947 was the legislation passed and enacted by the British
Parliament that officially declared the Independence of India. The Parliament of the
United Kingdom passed the Act which partitioned British India into 2 separate and
independent countries, India and Pakistan. The legislation of Indian Independence Act
was designed by the Prime Minister Clement Attlee as Indian Political Parties agreed on
the transfer of power from the British Government to the independent Indian Government
and the Partition of India. This act received royal assent on 18th July, 1947.The
Agreement was made with Lord Mountbatten, which was known as the 3 June Plan or
Mountbatten Plan. The 2 newly formed countries of India and Pakistan came into
existence from 15th August, in the year 1947.
The 1947 Indian Independence Act is an Act of the Parliament of the United Kingdom that
partitioned British India into the two new independent dominions of India and Pakistan. The Act
received Royal Assent on 18 July 1947 and thus India and Pakistan, comprising West (modern
day Pakistan) and East (modern day Bangladesh) regions, came into being on 14 August.[1][a]
The legislature representatives of the Indian National Congress the Muslim League and the Sikh
communitycame to an agreement with Lord Mountbatten on what has come to be known as the 3
June Plan or Mountbatten Plan. This plan was the last plan for independence.
History of Indian Independence Act 1947
On 3rd June 1947, a plan was announced that was proposed by the British government
which included the following principles:
* Principle of Partition of India was approved by the British Government
* Successor governments would receive dominion status
* Implicit right to secede from the British Commonwealth Clement Attlee, the Prime
Minister of the United Kingdom, announced on 20th February, 1947 that the British
Government would grant full self government to British India latest by June 1948.
Moreover, the future of Princely States would be decided after the date of final transfer is
decided and the Indian Independence Act 1947 was the implementation of June 3 Plan.
Indian Independence Act was passed in June 1947, which specified the following:
* The British rule of India should be over on the midnight of August 15, 1947.

3. * An independent dominion of India shall be created out of the United Provinces, Central
Provinces, Bombay Presidency, Madras Presidency, the Carnatic, East Punjab, West
Bengal, Assam and the Northeast Frontier Agency. The territories of the Andaman and
Nicobar Islands and the Lakshadweep Islands are also turned over to the Indian
Dominion.
* An independent dominion of Pakistan shall be created out of the provinces of West
Punjab, North West Frontier Province, Sindh and East Bengal.
* The all Princely states that were officially related to British Empire were made free
from all the treaties and relationships and they could decide which dominion to join. Lord
Mountbatten thought that if the princely state remained independent within the dominion
that may lead to chaos and thus made their accession a necessity of the Indian
Independence Act.
* Both the Indian and Pakistan Dominions would be members of the British
Commonwealth and was allowed to leave whenever they pleased.
* Both Dominions of India and Pakistan were completely self-governing in their internal
affairs, foreign affairs and national security but the British monarch will continue to be
their head of state, represented by the Governor-General of India and a new Governor-
General of Pakistan.
Both Dominions shall convene their Constituent Assemblies and write their respective
constitutions.
* The British monarch shall be permitted to remove the title of Emperor of India from the
Royal Style and Titles. King George VI subsequently removed the title by Order in
council on June 22, 1948.
Lord Mountbatten was the last Viceroy of India under British rules and became the
Governor General of Independent India. Jawaharlal Nehru became the Prime Minister of
India, Dr. Rajendra Prasad was the President and Sardar Vallabhbhai Patel was the
Deputy Prime minister of India. Five hundred and sixty princely states were annexed with
India, among which Junagadh and Hyderabad was took over after military action.
The main provision of the Indian independence act 1947 is as follow:
Creation of two domination- India and Pakistan –

4. The Act provides for the partition of India and establishment of two independent
Dominions – India and Pakistan from august 15, 1947. The word independent signified
the absence of any external restraint.
Clause
(2) of the Act defined the territories of the two new Dominions and made it possible to
bring about necessary adjustment in the
existing boundaries. Clause
(3) and (4) provides for the partition of the Bengal, Punjab, and Assam keeping in view
the aspirations of the people of these territories and fixing of the boundaries of these
divided provinces by boundary commission.
3 June Plan
the 3 June 1947 Plan was also known as the Mountbatten Plan. The British government
proposed a plan, announced on 3 June 1947, that included these principles:
1. Principle of the partition of British India was accepted by the British Government
2. Successor governments would be given dominion status
3. autonomy and sovereignty to both countries
4. can make their own constitution
5. Princely States were given the right to join either Pakistan or India, based on two major
factors: Geographical contiguity and the people's wishes.
Provisions:
The Act's most important provisions were:
 division of British India into the two new dominions of India and Pakistan, with effect
from 15 August 1947;
 partition of the provinces of Bengal and Punjab between the two new countries;
 establishment of the office of Governor-General in each of the two new countries, as
representatives of the Crown;
 conferral of complete legislative authority upon the respective Constituent Assemblies of
the two new countries;
 termination of British suzerainty over the princely states, with effect from 15 August
1947.These states could decide to join either India or Pakistan;[7][8] and
 abolition of the use of the title "Emperor of India" by the British monarch (this was
subsequently executed by King George VI by royal proclamation on 22 June 1948);

5. The Act also made provision for the division of joint property, etc. between the two new
countries, including in particular the division of the armed forces.
Causedpartitionof India 1947:
he partitionwascausedinpart bythe two-nationtheorypresentedbySyedAhmedKhan,due to
presentedreligiousissues.Pakistanbecame aMuslimcountry,andIndiabecame amajorityHindubut
secularcountry....The populationof BritishIndiain1947 was about570 million.
EFFECTSOF THE INDIAN INDEPENDENCEACT, 1947
The Indian independence act, 1947 marked the end of ninety years British rule in India
beginning from 1858. The British crown severed its paramountcy at one stroke. The
Indian states regained their status which they prior to the British sovereignty. The source
of the constitution of newly created dominions of India and Pakistan was the government
of India Act, 1935, but subject to modifications made by the orders passed by the
governor general under section 9(1) of Indian independence Act 1947.
Section 6(2) of the Indian independence Act 1947 vested in legislature of either
dominion, the power to repel or amend any Act of British parliament existing or future
one. Even the Indian independence Act 1947 itself could be repealed or amended under
this clause of the Act.
By this Act, the British parliament renounced its sovereignty once for all and no further
imperial legislation was necessary for validating the future constitution of India or
Pakistan, as the case may be.
There was no longer any executive council as under the govt. of India Act, 1919 or
counselors as under the govt. of India Act, 1935. The governor general or the provincial
governor was not to act on the advice of the council of ministers enjoying confidence of
dominion legislature i.e. the constituent assembly or the provincial legislature, as the case
may be. The governor general was empowered to promulgated ordinances to meet
emergencies as provided under the govt. of India Act, 1953. Such ordinance could remain
in force for six months only until they were superseded by an Act of the enforcement of
the Indian independence Act. One extraordinary power which the governor general of the
Pakistan assumed was that he could interfere in the provincial affairs and in respect of the
most vital matters of appointment and removal of the ministers themselves. But, in
relation to the India dominion, the governor general did not have any such direct
authority in the matter.

6. As a result of the partition of Bengal and Assam, the size of the new province was
diminished considerably. Hence, they were to have unicameral legislature, the legislature
council of these provinces having been abolished from August 15, 1947.
The European territorial constituencies were abolished in the legislatures of all provinces.
The provinces requiring the proceedings of central and provincial legislature to be
conducted in English were deleted.
The members of All India Service lost the protection of secretary of state and they were
now fully under the control of dominion or provincial govt. as the case may be. Thus,
they were now not the agents of the British govt. but employees of the dominion which
they served.
Salient features:
 Two new dominion states: Two new dominions were to emerge from the Indian empire:
Pakistan and India.
 Appointed Date: 15 August 1947 was declared as the appointed date for the partition.
 Territories:
1. Pakistan: East Bengal, West Punjab, Sind, and Chief Commissioner's Province of
Baluchistan.
2. The fate of North West Frontier Province (now Pakhtunkhwa) was subject to the result of
a referendum.
3. Bengal & Assam:
1. The province of Bengal as constituted under the Government of India Act 1935
ceased to exist.
2. In lieu thereof two new provinces were to be constituted, to be known
respectively as East Bengal and West Bengal.
3. The fate of District Sylhet, in the province of Assam, was to be decided in a
referendum.
4. Punjab:
1. The province as constituted under the Government of India Act 1935 ceased to
exist.
2. Two new provinces were to be constituted, to be known respectively as West
Punjab and East Punjab.
 The boundaries of the new provinces were to be determined, whether before or after the
appointed date, by the award of a boundary commission to be appointed by the Governor
General.
 Constitution for the New Dominions: until the time of making of the new constitution, the new
dominions and the provinces thereof were to be governed by the Government of India Act 1935.
(Temporary Provisions as to the Government of Each New Dominion).
 The Governors General of the new dominions:

7. 1. For each of the new dominion a new Governor-General was to be appointed by the
Crown, subject to the law of the legislature of either of the new dominions.
2. Same person as Governor General of both dominions: if unless and until provision to the
contrary was made by a law of the legislature of either of the new dominions, the same
person could be the Governor General of both.
 Powers of Governor General: (Section-9)
1. The Governor General was empowered to bring this Act in force.
2. Division of territories, powers, duties, rights, assets, liabilities, etc., was the responsibility
of Governor General.
3. To adopt, amend, Government of India Act 1935, as the Governor-General may consider
it necessary.
4. power to introduce any change was until 31 March 1948, after that it was open to the
constituent assembly to modify or adopt the same Act. (Temporary Provisions as to the
Government of Each New Dominion.)
5. Governor-General had full powers to give assent to any law.
 Legislation for the new dominions:
1. The existing legislative setup was allowed to continue as Constitution making body as
well as a legislature. (Temporary Provisions as to the Government of Each New
Dominion.)
2. The legislature of each dominion was given full powers to make laws for that dominion,
including laws having extraterritorial operation.
3. No Act of Parliament of UK passed after the appointed date would be extended to the
territories of new dominions.
4. No law and provision of any law made by the legislature of the new dominions shall be
void or inoperative on the ground that it is repugnant to the law of England.
5. The Governor-General of each dominion had full powers to give assent in His Majesty's
name to any law of the legislature. [Configuration of Pakistan's Constitution Assembly
(CAP I): 69 members of the central legislature + 10 immigrant members= 79].
 Consequences of setting up of the new dominions:
1. His Majesty's Government lost all the responsibility to the new dominions.
2. The suzerainty of His Majesty's Government over the Indian States lapsed.
3. All the treaties or agreements with the Indian States and the tribal areas that were in force
at the passing of the act lapsed.
4. The title of "Emperor of India" was dropped from the titles of British Crown.
5. The office of Secretary of State for India was abolished and the provisions of GOI Act
1935 relating to the appointments to the civil service or civil posts under the crown by the
secretary of the state ceased to operate.

8.  Civil servants: Section 10 provided for the continuance of service of the government servants
appointed on or before 15 August 1947 under the Governments of new Dominions with full
benefits.
 Armed Forces: Sections 11, 12, and 13 dealt with the future of the Indian armed forces. A
Partition Committee was formed on 7 June 1947, with two representatives from each side and the
viceroy in the chair, to decide about the division thereof. As soon as the process of partition was
to start it was to be replaced by a Partition Council with a similar structure.
 First and Second Schedules:
1. First Schedule listed the districts provisionally included in the new province of East
Bengal:
1. Chittagong Division: Districts of Chittagong, Chittagong Hill Tracts, Noakhali
and Tipperah.
2. Dacca Division: Districts of Bakarganj, Dacca, Faridpur, and Mymensingh.
3. Presidency Division: Districts of Jessore (except Bangaon Tehsil), and Kustia and
Meherpur Tehsils (of Nadia district).
4. Rajshahi Division:Districts of Bogra, Dinajpur (except Raiganj and Balurghat
Tehsil), Rajshahi, Rangpur and Nawabganj Tehsil (of Malda district).
2. Second Schedule listed the districts provisionally included in the new province of West
Punjab:
1. Lahore Division: Districts of Gujranwala, Lahore (except Patti Tehsil),
Sheikhupura, Sialkot and Shakargarh Tehsil (of Gurdaspur district).
2. Rawalpindi Division: Districts of Attock, Gujrat, Jehlum, Rawalpindi and
Shahpur.
3. Multan Division: Districts of Dera Ghazi Khan, Jhang, Lyallpur, Montgomery,
Multan and Muzaffargarh
Termination of the crown's paramountcy-
With the transfer of the power to the dominions of India and Pakistan in accordance with
the Indian independence Act 1947 the paramountcy and suzerainty of the British crown
over the India and the India states came to an end. Consequently, all treaties and
agreements between his majesty and the rulers of the Indian states and their rulers, and all
powers, grants, rights, authority or jurisdiction of his majesty over Indian lapsed on
August 15, 1947. The Act, however, enable the state to accede to any of the two
dominions by agreement for their defenses and some other matters of common interest
such as external affairs and communications.

9. The instrument of Accession relating to dominion of India laid down that acceding states
have agreed to give to the legislature and authorities of the dominion of India, jurisdiction
over matters, namely, defense, external affairs and communications.
Lapse of the Instrument of instruction-
Section 18 of Indian independence Act provided that the existing instrument of
instruction to the governors and governor general shall lapse with the coming into effect
of this Act. The reason being that the governor general and governors were now required
to act as the constitutional heads in future and, therefore, instruments of instructions were
no longer necessary for them