Indian Independence Act 1947

The Indian Independence Act 1947 (1947 c. 30 (10 & 11. Geo. 6.)) 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 the royal assent on 18 July 1947, and thus Pakistan and India came
into being on 15 August.[1]

Indian Independence Act 1947

Parliament of the United Kingdom

Long An Act to make provision for the setting up

title in India of two independent Dominion
states, to substitute other provisions for
certain provisions of the Government of
India Act, 1935, which apply outside those
Dominions, and to provide for other
matters consequential on or connected
with the setting up of those Dominions.

Citatio 1947 c. 30 

n (10 & 11. Geo. 6.)

Dates

Royal 18 July 1947

assent

Status: Spent

The legislation was formulated by the government of Clement Attlee with the

recommendation of the Governor General of India Lord Mountbatten, after
 representatives of the Indian National Congress,[2]the Muslim League,[3] and
the Sikh community[4]came 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.
BackgroundEdit
Attlee's announcementEdit
The Prime Minister of the United Kingdomannounced on 20 February 1947
that:
1. the British Government would grant full self-government to British India by 30
June 1948 at the latest,
2. The future of the Princely States would be decided after the date of final
transfer is decided.[5]

Future of the Princely StatesEdit

Attlee wrote to Mountbatten on 18 March 1947: "It is, of course, important
that the Indian States should adjust their relations with the authorities to
whom it is intended to hand over power in British India; but as was explicitly
stated by the Cabinet Mission His Majesty's Government do not intend to
hand over their powers and obligations under paramountcy to any successor
Government. It is not intended to bring paramountcy as a system to a
conclusion earlier than the date of the final transfer of power, but you are
authorised, at such time as you think appropriate, to enter into negotiations
with individual States for adjusting their relations with the Crown."[6]
3 June PlanEdit
This 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 dominionstatus

ProvisionsEdit

The Act's most important provisions were:

 division of British India into the two new and fully sovereign dominions
of India and Pakistan, with effect from 15 August 1947;
 partition of the provinces of Bengal and Punjabbetween 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, and recognised the right of states to remain independent or accede to
either dominion[7]
 abolition of the use of the title "Emperor of India" by the British monarch (this
was subsequently executed by King George VI by royal proclamationon 22 June
1948).

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.

Salient featuresEdit
1. Two new dominion states: Two new dominions were to emerge from the
Indian Empire, Pakistan and India. The Dominion of India may be regarded as an
expression of the desire for self-government of the Hindus, and the Dominion of
Pakistan as the expression of the demand for self-government by the Muslims.
2. Appointed Date: 15 August 1947 was declared as the appointed date for the
partition.
3. 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 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
4. 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.
5. Constitution for the New Dominions: until the time of framing of 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.)
6. The Governors General of the new dominions:
 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.
7. 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.
8. 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]
9. 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
10. 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.
11. Armed Forces: Sections 11, 12, & 13 dealt with the future of 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.
12. 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 & Tipperah.
2. Dacca Division:Districts of Bakarganj, Dacca, Faridpur, &
Mymensingh.
3. Presidency Division:Districts of Jessore(except Bangaon Tehsil),
& Kustia and Meherpur Tehsils(of Nadia district)
4. Rajshahi Division:Districts of Bogra, Dinajpur(except Raiganj &
Balurghat Tehsil), Rajshahi, Rangpur & 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 & Shakargarh Tehsil(of Gurdaspur district).
2. Rawalpindi Division:Districts of Attock, Gujrat, Jehlum,
Rawalpindi & Shahpur.
3. Multan Division:Districts of Dera Ghazi Khan, Jhang, Lyallpur,
Montgomery, Multan & Muzaffargarh [8]

PartitionEdit
Main articles: Partition of India and Radcliffe Line

There was much violence, and many Muslims from what would become India
fled to Pakistan; and Hindus and Sikhs from what would become Pakistan
fled to India. Many people left behind all their possessions and property to
avoid the violence and flee to their new country.[9]
Princely statesEdit
Main articles: Princely states of Pakistan and Princely states of India

On 4 June 1947 Mountbatten held a press conference in which he addressed

the question of the princely states, of which there were over 570.[clarification
needed] The treaty relations between Britain and the Indian States would come
to an end, and on 15 August 1947 the suzerainty of the British Crown was to
lapse. They would be free to accede to one or the other of the new
dominions[10] or to remain independent.[11]
IndiaEdit
Further information: Princely states of India and Political integration of India

Lord Mountbatten of Burma, the last Viceroy, was asked by the Indian
leaders to continue as the Governor-General of India. Jawaharlal
Nehru became the Prime Minister of India and Sardar Vallabhbhai
Patel became the Home Minister.
Over 560 princely states acceded to India by 15 August. The exceptions
were Junagadh, Hyderabadand Jammu and Kashmir. The state of Jammu and
Kashmir, which was contiguous to both India and Pakistan but, its Hindu ruler
chose to remain initially independent. Following a Pakistani tribal invasion,
he acceded to India on 26 October 1947, and the state became
a dispute between India and Pakistan.[12]The state of Junagadh initially
acceded to Pakistan but faced a revolt from its Hindu population. Following a
breakdown of law and order, its Dewan requested India to take over the
administration on 8 November 1947. India conducted a referendum in the
state on 20 February 1948, in which the people voted overwhelmingly to join
India. The state of Hyderabad, with majority Hindu population but Muslim
ruler, faced an intense turmoil and sectarian violence. India invaded the
state on 13 September 1948, following which the ruler of the state signed
the Instrument of Accession, joining India.
PakistanEdit
Further information: Princely states of Pakistan

Muhammad Ali Jinnah became the Governor-General of Pakistan, and Liaquat

Ali Khan became the Prime Minister of Pakistan.
Between October 1947 and March 1948 the rulers of several Muslim-majority
states signed an Instrument of Accession to join Pakistan. These
included Amb, Bahawalpur, Chitral, Dir, Kalat, Khairpur, Kharan, Las
Bela, Makran, and Swat.[13][14][15]
RepealEdit
The Indian Independence Act was subsequently repealed in Article 395 of
the Constitution of Indiaand in Article 221 of the Constitution of Pakistan of
1956,[16] both constitutions being intended to bring about greater
independence for the new states. Although, under British law, the new
constitutions did not have the legal authority to repeal the Act, the repeal
was intended to establish them as independent legal systems based only on
home-grown legislation.[17] The Act has not been repealed in the United
Kingdom, where it still has effect, although some sections of it have been
repealed