The Indian Independence Act of 1947 officially declared independence for India and partitioned British India into two separate independent dominions - India and Pakistan. The Act established the dominions with legislative supremacy and freedom from British rule. It took effect on August 15, 1947, bringing the British period in India to an end after over 300 years and establishing India's status as an independent and sovereign republic within the Commonwealth.

2. INTRODUCTION :
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 Act was designed by the Prime
Minister Clement Attlee as Indian Political
Parties agreed on the transfer of power from
the British Government and the Partition of
India…….

4. HISTORY :
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.
The British rule of India should be over in June
1947.

5.  an Independent dominion of Pakistan shall be
created out of the Provisions of West Bengal,
Sindh , North West Frontier Province and East
Bengal.
Both the Indian and Pakistan Dominions
would be members of the British
Commonwealth and was allowed to leave
whenever they pleased.
 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.

6. PROVISIONS :
• CREATION OF TWO DOMINION-INDIA
& PAKISTAN :
The Act provides for the Partition of India
and establishment of two independent
Dominions-India & Pakistan from August 15 ,
1947. The word Independent signified the
absence of any external restraint.

7. • LEGISLATIVE SUPERMACY OF THE
DOMINIONS OF INDIA & PAKISTAN :
The Act provided for the legislative
supremacy of the dominions. The
Governor General of either dominion
was empowered to promulgate
ordinances to meet emergencies as
provided under the Government of India
Act 1935 was done away with.

8. • FREEDOM OF BRITISH RULE :
The most epoch-making effect of the effect of the
Act was that India no longer remained a
dependency of British Empire. Like other
dominions , it now gets the status of an
Independent Nation. thus , the British period in
India came to an end after nearly three and half
centuries of trading ,two centuries of Political
Power and 130 years of General Supremacy.

9. • LAPSE OF THE INSTRUMENT OF INSTRUCTION :
Section 18 of Indian Independence Act
provided that the existing instrument of
instructions of the Governors and Governor
General shall lapse with the coming into
effect of this Act . The reason being that the
Governor General and the Governors were
now required to act as the Constitutional
heads in future and , therefore , instruments
of instructions were no longer necessary for
them.

10. There was no longer any executive council as
under the Government 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 the Constituent Assembly or the
Provincial legislature, the case may be . The
Governor General was empowered to
promulgated ordinances to meet emergencies
as provided under the Government of India ,
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.

11. INDIA’S STATUS IN COMMONWEALTH
NATIONS:
After the Indian Independence Act 1947 , the status of
dominion was virtually one of Independence . The link
that existed between them and the British crown was
for their own benefit and not a burden in any way.
The Judicial committee of privy council in their decision
in a Canadian case had observed:”since the statue of
west minister , 1931 , there is no limit to the
sovereignty of dominion legislature and so it seems
that the question whether the dominion can legally
secede from British Commonwealth must be answered
in affirmative.”

12. Birth of indian constitution :
The Constitution of India was drafted by
the Constituent assembly . The
Constituent assembly held its first sitting
on the 9th December , 1946.it
reassembled on the 14th August , 1947 ,
as the Sovereign Constituent Assembly
for the dominion of India. The proposed
Constitution had been outlined by
various Committees of the Assembly like:

13. • UNION CONSTITUTION COMMITTEE
• THE UNION POWERS COMMITTEE
• COMMITTEE ON FUNDAMENTAL RIGHTS
it was after a general discussion on the reports of
these committees that the assembly appointed a
Drafting Committee on the 29th August , 1947. the
drafting committee, under the chairmanship of Dr.
Ambedkar , embodied the decision of the assembly
with alternative and additional proposals in the
form of a ‘draft Constitution of India which was
published in February , 1948. the Constituent
Assembly next met in November , 1948 , to
considered the provisions of the draft , clause by
clause.

14. After several sessions the consideration of the
clauses or second reading was completed by
the 17th october , 1948.the constituent
assembly next met in 14th november , 1949 ,
for the third reading and finished it on the 26th
november , 1949 , on which date the
constitution received the signature of the
president of the assembly and was dedared as
passed.the provisions relating to citizenship ,
elections , provinsional parliament ,
temporary and transitional provisions , were
given immediate effect .

15. CONSTITUENT ASSEMBLY :
The first historical session of Indian Constituent assembly
held its meeting on 9th December , 1946under the
chairmanship of Dr. Sachidananda Sinha. On 11th December
, it elected Dr. Rajendra Prasad as its permanent president.
The membership of the constituent assembly included all
eminent Indian leaders. Though the constituent assembly
consisted of 296 members . Amongst the 210 members
who attended the first historical session of the constituent
assembly , there were 155 high caste Hindus , 30 schedule
caste representatives , 5 Tribals , 5 Sikhs , 5 Indian
Christians , 3 Anglo Indians , 3 Parisis and 4 Muslim
members.

16. Though the Constituent Assembly had 80 Muslim
members out of total 296 members , their
attendance was very poor as because the Muslim
league had called upon the Muslim members to
boycott the first Historical session of Constituent
Assembly. The election results , particularly the big
majority secured by the congress , unnerved the
Muslim League. It passed two resolutions. By the
first , it withdrew support from the cabinet Mission
Plan and by the second it resolved the resort to
direct action for achieving Pakistan. It decided to
boycott the Constituent Assembly. It celebrated 16th
August , 1946 as the Direct Action Day.

17. At the time of its establishment , the Constitution
Assembly was not a Sovereign body. It stood
organized on the basis of the Cabinet Mission plan.
Its powers were derived from the Sovereign
authority of British Parliament. Some Indian leaders
held the view that the Constituent Assembly was
not a Sovereign body. The Assembly resolved this
issue by adopting : “ the Assembly should not be
dissolved except by a resolution assented to b y at
least 3/3rd of the whole number of members of the
Assembly. Once constituted it could not be
dissolved even by Britain.” when on 15th august ,
1947 , India became Independent ; the Constituent
Assembly became a fully sovereign body and
remained so till the inauguration of the Constitution
of India.

18. THE OBJECTIVES RESOLUTION PASSED AND ADOPTED
BY THE CONSTITUTION ASSEMBLY READ AS UNDER :
1. “ the constituent assembly declares its firm and
solemn resolve to proclaim india as an independent
sovereign republic and to draw up for the future
governance a constitution.
2. Where that territories that now comprise British
India , the territories that now from the Indian states
as well as such other territories as are willing to be
Constituted in to the Independent Sovereign India ,
shall be a union of them all.
3. Wherein adequate safeguards , shall be provided for
Minorities , backward and Tribal areas , and depressed
and other backward classes.

19. 4. Where shall be guaranteed and secured to all
the people of India , justice , economic and
political ; equality of status and of
opportunity before the law , freedom of
thought , expression belief , faith , worship ,
vocation , association and action subject to
law and public morality.
5. The Ancient land attains its rightful and
honored place in the world and makes its full
and willing Contribution to the promotion of
world peace and the welfare of mankind.”