The Indian Independence Act, 1947: A Forgotten Legislation

Introduction:

The Indian Independence Act of 1947 was passed in the British Parliament. In the elections in England held in 1945, Churchill was replaced by Lord Attlee as the Prime Minister on 10^th July 1945. He issued a statement wherein he clearly stated the right of Indians to self-determination as well as self-governance. Consequently, he announced that the British Government would be sending a Cabinet Mission to India to resolve the Indian political dead law.

Mr. Attlee declared on 28^th February 1947 that the power of self-governance would be transferred to Indians by a date not later than 3^rd June 1948. In accordance with this declaration, Lord Mountbatten formed a plan which is known as the ‘Mountbatten Plan’. Firstly, it was decided that British India would be partitioned into two independent dominions. And secondly, the Government taking over thereafter would be given dominion status. He sent Lord Mountbatten to India and assigned him intending to transfer the governance power from the Crown of Queen to the Indians.

Lord Louis Earl Mountbatten, the last viceroy of British India succeeded Lord Wavell in India on March 24^th, 1947. He promised to complete the work of transferring self-governance power to India within a few months. The main object of the Act of 1947 was to give legal effect to the plan of Lord Mountbatten which was accepted by the Indian parties.

The major two political parties then were the Muslim League and the Indian National Congress. However, the Muslim League gave their consent to the partition of British India into India and Pakistan, but the Indian National Congress did not want this partition and wanted only an undivided India, free from any type of control by the British.  Later it was decided that the provincial legislative assemblies of Bengal, Punjab, and Sindh would be questioned as to whether they consented to the plan of partition. These three assemblies concluded that they wanted their Muslim majority to be partitioned. Thus, the British decided to divide British India and leave it all behind. 

On the 18^th of July, 1947, this Act was given Royal Assent and was also enacted from this date. Thus, India and Pakistan, comprising West (modern-day Pakistan) and East (modern-day Bangladesh) regions were created on 14^th August 1947.

Provisions of the Act

The provisions of the Indian Independence Act, 1947 are as follows:

1. The Act provided for the partition of British India and the establishment of two new independent dominions of India and Pakistan.
2. Pakistan was also divided into two parts, i.e., Pakistan and East Pakistan, which is now Bangladesh.
3. The British Government was to have no control over the affairs of the dominion provinces or any part of the dominions with effect from 15^th August 1947.
4. Territories of the two dominions were well defined but they were empowered to include and exclude any territory themselves (i.e., Jammu & Kashmir wanted to be independent and wanted to be a part of neither Pakistan nor India).
5. Until a new Constitution was framed for each dominion, the Act made the existing Constituent Assembly, the Dominion Legislature for the time being.
6. The assemblies were given the power to exercise all the powers which were formally exercised by the Central Legislature in addition to its powers regarding the framing of a new Constitution.
7. Until a new Constitution was framed, each of the dominions was to be governed in accordance with the Government of India Act, 1935. However, each dominion was authorized to make modifications to the Government of India Act, 1935 as per their choice.
8. Each dominion would have its Governor-General, though one person can act for both in a dual capacity.
9. All laws which are in force in the two dominions on 15^th August 1947. The laws would remain the same until amended by their respective legislature.
10. The right to assent in the name of His Majesty was given to the Governor-General to any law of the dominion legislature made in its ordinary legislative capacity.
11. The Governor-General and Governors were given the power to act on the advice of the Council of Ministers in all matters of both the dominions.
12. The Act provided for the termination of the domination of the Crown over the Indian States. All treaties, agreements, and functions exercisable by His Majesty with regard to states and their rulers were to lapse from 15^th August 1947. It was also stated that the existing arrangement between the Government of India and the Indian states was to continue pending detailed negotiations between the Indian states and the new dominion[1].
13. The office of the Secretary of state for India was to be abolished and his work was to be taken over by the Secretary of State for the commonwealth.
14. The Act abolished the use of the title “Emperor of India” by the British monarch.
15. Through this Act, the appointment of Civil Services and reservation of posts by the Secretary of State was repealed. But, the members of Civil Service who had been appointed before 15^th August 1947, were given the power to enjoy all the benefits they were entitled to and be in service.
16. The Act of 1947 had also abolished the Office of Viceroy.

Effect of the Act of 1947

The Indian Independence Act of 1947 paved the way for forming a new Constitution. In the words of the eminent political scientist, Michael Brecher[2], “The Independence Act of India was a natural and inevitable outcome of the process of creating natural consciousness and common purpose accompanied by the Congress consciously over an extended period of time.” The passing of the Act marked the end of the British Raj in India but painfully divided Pakistan from India on a religious basis. India was partitioned into two sovereign nations, India and Pakistan.

The Constituent Assembly was constituted in accordance with the provisions of the Cabinet Mission Plan, 1946. The assembly held its first meeting on 9^th December 1946 under the presidentship of Dr. Sachchinananda Sinha. Due to a difference of opinion between the Indian National Congress and the Muslim League regarding the Constitution of the Constituent assembly. The league members did not attend and assembly began to function with non-Muslim League members only. On 11^th December 1946, Dr. Rajendra Prasad was elected to be the President of the Assembly. On 13^th December 1946, Mr. Jawaharlal Nehru moved to the assembly with an ‘objective resolution’.

The British Parliament passed the Indian Independence Act, 1947 according to the plan made by the then Viceroy of India, Lord Louis Earl Mountbatten, so this Act is also known as ‘The Mountbatten Plan’. The Act came into force on 15^th August 1947 whereby the British Administration over the Indian States came to an end. The Act made the Constituent Assembly a sovereign body, free from all limitations. In an atmosphere of independence, the Constituent Assembly began to frame the Constitution of India after adopting an ‘Objective Resolution’ moved by Pandit Jawaharlal Nehru. The resolution expressed the desire to establish a federal, sovereign, democratic republic in India safeguarding the freedom of all people and the interest of all the minorities. The extract of the resolution is expressed in the Preamble of the Constitution of India.

Several committees were appointed under the chairmanship of able leaders. Dr. B. R. Ambedkar was appointed as the Chairman of the drafting committee. A draft of the new Constitution was presented by the drafting committee to the Constituent Assembly consisting of 395 Articles and 8 Schedules in February 1948. It was published and given very wide circulation throughout the Country. The members of the Constituent Assembly were given 8 months to make suggestions and full rights and the opportunity to express their views about the Constitution presented to them. The final draft was presented to the assembly on 3rd November 1949 for discussion. The discussion ended on 26^th November 1949 and was adopted by the assembly. The Constitution came into force on 26^th January 1950.

Repealed Status of this Act at Present

The Indian Independence Act of 1947 helped in forming the legislatures of both the new dominions. It also helped in making Constituent Assemblies of the dominions of India and Pakistan. The Act provided directions on the armed forces of as well as Naval forces of India with regards to British forces. Article 395 of the Indian Constitution repealed the Indian Independence act of 1947 and Article 221 of the Constitution of Pakistan, 1956 repealed this Act. Though the new Constitutions were not given power or legal authority to repeal this Act as mentioned under British Law but to establish a sovereign and independent legal system based on home-grown legislation, the Act had to be repealed on this ground. The British Parliament has not repealed this Act there and it still has some outcomes. But some provisions of the Act are repealed.

Conclusion

The Act of 1947 certainly gave sovereignty to the two new dominions and paved the way for freedom from the British Raj, but it also made huge chaos as well as fatal riots among the Hindus, Sikhs, and Muslims. Millions of Muslims were forced to migrate to Pakistan and Hindus were forced to leave their all possessions and had to flee to safer places. It caused an enormous forced migration among the population of India and Pakistan. The most important disadvantage of this Act of 1947 is a partition on a religious basis. Millions of people died from these riots arising just after 15^th August 1947. The boundary between India and Pakistan was decided by the Boundary Commission, which was led by Sir Cyril Radcliff. Hence, the border between India and Pakistan is known as ‘Radcliff Line’. Lord Mountbatten continued his service as the Governor-General of India and Jawaharlal Nehru was the first Prime Minister of India. Mohammad Ali Jinnah became the Governor-General of Pakistan and Liaquat Ali Khan became the first Prime Minister of Pakistan. As the independence took place at midnight, India celebrates this day on 15^th August and Pakistan celebrates this day on 14^th August.

References:

[1] Durga Das Basu, Constitution of India, 3d ed. (Calcutta: S.C. Sarkar & Sons, Ltd. 1955);

[2] Michael Brecher, Nehru: A Political Biography (London,1959), 109;