[UPSC Notes] The Indian Independence Act 1947 – Indian Polity Notes For UPSC IAS Preparation

Introduction

The 1947 Indian Independence Act was enacted by the United Kingdom’s Parliament, and it partitioned British India into two new sovereign nations, India and Pakistan.

The Act obtained Royal Assent on July 18, 1947, and on August 15, 1947, India and Pakistan were formed, with the West (modern-day Pakistan) and East (modern-day Bangladesh) areas.

The Indian National Congress, the Muslim League, and the Sikh community reached an agreement with Lord Mountbatten on the 3 June Plan, also known as the Mountbatten Plan, in the Indian assembly. The last proposal for independence was this one.

The UPSC Indian Polity and Governance Syllabus includes The Indian Independence Act 1947  which is described in this article.

Indian Polity Notes For UPSC IAS Preparation

Historical Background

• Attlee’s Announcement
  • The legislation was drafted by the Labour Government of Clement Attlee.
  • It is based totally at the Mountbatten Plan or the 3rd June Plan which turned into formulated after the leaders of the Indian National Congress and the Muslim League agreed to the suggestions of the Viceroy Lord Mountbatten.
  • The Prime Minister of the UK introduced on 20 February 1947 that the British Government would grant self-government to British India by June 1948 at the latest.
• 3 June Plan
  • This was also known as the Mountbatten Plan.
  • The British authorities proposed a plan introduced on 3rd June 1947.
  • The Indian Independence Act 1947 turned into the implementation of the 3rd June Plan.
  • The Act determined to furnish independence to India and Pakistan with impact from 15th August 1947.
  • The new boundaries of the dominions could be demarcated by the Boundary Commission.
  • British suzerainty over the princely states turned into an end.
    • These states ought to determine whether to enroll in both India or Pakistan or stay independent. Over 560 states are determined to merge with India.
  • Until the brand new dominions’ constitutions could emerge as effective, the heads of the nation will be the respective Governor-Generals who could retain to assent law passes with the aid of using the Constituent Assemblies in the name of the king.
  • This Act obtained the royal assent on 18th July 1947 and entered into force.

Indian Polity Notes For UPSC IAS Preparation

Provisions of Indian Independence Act, 1947

• The British authorities left India on Fifteenth August, 1947.
• India will be divided into two sovereign provinces of India and Pakistan and each of those states turns sovereign on this very day.
• The powers formerly exercised through the British authorities in India could be transferred to each of those states.
• Punjab and Bengal will be divided and its boundary will be separated by a boundary commission headed by Mr. Redcliff.
• The Office of the Secretary of State for India will be abrogated.
• Provision was made for the Governor-General for every territory, who was to be named by the Queen of England on the exhortation of the Dominion government. He was not to act in his individual judgment or circumspection however will act just as the constitutional head of the state.
• Each Domain must have a sovereign legislature to set the rules.
  • No legislation passed by the British Parliament will automatically apply to India.
• Both countries will have their own Constituent Assembly, which will also act as a legislative body.
• Until a Constitution is formulated by a Constituent Assembly in any dominion, it will work as closely as possible with the 1935 Act.
• Provincial governors will act as constitutional heads of the provinces.
• Reserving the posts of Secretary of State should be discontinued. Government personnel wishing to resign after the transfer of power to both dominions must do so.
• British domination of the states and tribal territories of India will end on August 15, 1947.
  • In this case, power will be transferred not to dominions but left to the states to decide whether they want to participate in India or Pakistan.
• From now on, the relationship of the UK government with India will be managed through the Office of Commonwealth Affairs.
• The King of England renounced the title of King and Emperor of India.
• Pakistani territories include East Bengal, West Pakistan, Sindh and British Baluchistan.
  • In the event that the NWFP decides to join Pakistan in a referendum, this territory will also join Pakistan.

Indian Polity Notes For UPSC IAS Preparation

Impact of Indian Independence Act, 1947

• The adoption of the Indian Independence Act of 1947 was significant for constitutional development.
• As Attlee put it, it was “the fulfillment of the British mission” in India, “the culmination of a long process of events”.
• Likewise, Lord Samuel described the Law in the House of Lords as “a peace treaty without war.”
• Even the Indian leaders hailed the enactment of this Act. For example, Dr. Rajendra Prasad said that the period of British rule over India ends today and our relationship with the UK will continue to be maintained on the basis of equality, goodwill, and mutual understanding.
• The law marked the beginning of a new era of free India, but a large number of people and leaders were not satisfied with it.
• As Maulana Abul Kalam Azad commented: “August 14 for Muslims in Pakistan is a day for Hindus and Sikhs, it is a day of mourning.
• The end of British rule over the Indian states and granting them access to the Dominion or maintaining independence poses a serious threat to the unity of the states in India. Nation.
• Despite these shortcomings, it cannot be denied that the Indian Independence Act of 1947 closed the chapter on British rule in India and marked the beginning of a free India.

Indian Polity Notes For UPSC IAS Preparation

Repeal of the Act

• The law empowered both provinces to repeal any act of parliament applicable to them, including the Indian Independence Act.
• Later, India and Pakistan repealed the 1947 Independence Act by adopting their constitutions.
• Section 395 of the Indian Constitution and Section 221 of the Pakistan Constitution of 1956 effectively repealed the Act Indian Independence Act 1947.
• With the adoption of the Constitution of India, the status of dominion was also abolished and India became a republic.
• Interestingly, the British Parliament has not yet contributed to the repeal of the 1947 Indian Independence Act.
• Although the new constitution does not have the legal power to repeal laws, this is done in order to break the chain of law and make the constitution an independent legal system.

Indian Polity Notes For UPSC IAS Preparation

Conclusion

The adoption of the Indian Independence Act of 1947 was significant for constitutional development. The law marked the beginning of a new era of free India, but many people were not satisfied with it. Despite these shortcomings, it cannot be denied that the Act closed the chapter on British rule in India.

Indian Polity Notes For UPSC IAS Preparation

Frequently Asked Questions (FAQs)

Why 15th August Chosen as Independence Day?

• The Indian Independence Bill was introduced in the UK House of Commons on 4 July 1947, shortly after being considered by Mountbatten, and passed within fifteen days. August 15, 1947 and the creation of the dominions of India and Pakistan, which allowed the withdrawal from the British Commonwealth.
• In the Indian Independence Bill, August 15 is declared the Independence Day of both countries. Pakistan calls August 15th Independence Day. In 1948, Pakistan declared August 14 as Independence Day.

Why is there a need to repeal the Indian Independence Act?

• Article 395 of the Indian Constitution effectively repealed the Indian Independence Act of 1947. The drafters deliberately chose to make two mistakes in the constitutional process.
  • They did not submit the Constitution to the British Parliament for adoption as stipulated by the Cabinet of Ministers or the mission plan of the Governor-General.
• India’s constitution is officially based on the rule of the people, not the crown.
  • If the British Parliament repeals the Indian Independence Act of 1947; Technically it doesn’t matter, legally India established a Constituent Assembly and wrote the Constitution because the will of the people demanded it, not because the royal family passed the law and allowed it.
    • Pakistan did the same thing in their 1956 constitution.

Who drafted India’s 1947 Independence Act?

The British Parliament passed the Indian Independence Act of 1947, which divided India into two sovereign dominions, India and Pakistan. The legislation was drafted by Clement Attlee’s Labour government.