The Indian Independence Act of 1947

After sensing the huge resistance to British rule in India, which undoubtedly emerged from the nonviolent mass movement for independence led by Mahatma Gandhi, the British took a political decision after World War II to leave India and began the decolonisation process. Fortunately for Indians, the British acted in a responsible manner before leaving India, else there would have been an anarchy.

India Independence Act 1947 was an Act passed by the Parliament of the United Kingdom (UK) that divided British India into two new independent dominions of India and Pakistan.

Pakistan was split into Pakistan and East Pakistan which is now Bangladesh. The Bengal and Punjab provinces were partitioned between the two new countries. These dominions separated the Muslim, Hindu and Sikh population and caused the biggest forced migration which has ever happened that was not the result of war or famine.

Background

The British Prime Minister Clement Atlee on 20 February 1947 declared that the British rule in India would end by 30 June 1948 after which the powers would be transferred to responsible Indian hands. This announcement was followed by the agitation by the Muslim League and demanding for the partition of the country.

Then, on 3 June 1947, British Government declared that any Constitution framed by the Indian Constituent Assembly which was formed in 1946 cannot apply to those parts of the country which were unwilling to accept it. And so on the same day that is on 3 June 1947, Lord Mountbatten, the viceroy of India put forth the partition plan which is known as Mountbatten Plan (“June 3 Plan”).

The final stages of transfer of power began with the Mountbatten plan, to which the representatives of the Indian National Congress, the Muslim League, and the Sikh community gave their consent to the Act. The act was immediately actioned upon paving way for the formation of the Indian Independence Act 1947.

The Mountbatten plan was adopted in the form of the Indian Independence Bill, which when passed became an Act. Lord Listowel, who was last Secretary of States for India and a minister in British cabinet, introduced the Indian Independence Bill in the British Parliament on July 3, 1947, and the Bill was passed on July 16, 1947.

The Royal assent was granted on July 17, 1947, enforcing the Indian Independence Act, 1947. The Indian Independence Act, 1947 put into action the Mountbatten Plan for the independence and partition of India. As a result, India came into existence on August 15 and Pakistan on August 14 in the year 1947.

Important provisions under this Act

The emergence of two new dominions from the Indian Empire-The two new dominions, India and Pakistan came into existence after the formulation of this Act. Here are some more provisions under this Act.

• Partition of British India into two new and fully sovereign dominions-India and Pakistan with effect from August 15, 1947;
• Dominion of India will represent the desire of all people in India for self-government, while the Dominion of Pakistan would express the demand of the Muslims for the self-government.
• Division of the provinces of Bengal & Punjab among the two newly formed countries;
• The offices of Governor-General in both countries would be set up. These governors-general would be representing the Crown;
• The complete legislative authority would be conferred in the hands of the Constituent Assemblies of the two new countries;
• The British suzerainty over the princely states would be terminated from August 15, 1947;
• Abolishing the use of the title “Emperor of India” by the British monarch;
• The Act includes the division of the armed forces between the two countries.
• Both Indian and Pakistan would be members of the British commonwealth and would be allowed to leave whenever they pleased.
• Appointed date: The appointed date for the partition was August 15, 1947.

As Mountbatten had to be in the capitals of both the newly formed nations for the transfer of power, it was decided that Pakistan would celebrate its formation day on August 14, and India on August 15.

Effect of the Act

On 14-15 August 1947, midnight, the British rule came to an end, and power was transferred to the two new independent Dominions of India and Pakistan. The Constituent Assembly that was set up in 1946 became the Parliament of Indian Dominion. British Government lost all the responsibility to the new dominions.

The suzerainty of His Majesty’s Government over the Indian States lapsed. All the treaties or agreements with the Indian States and the tribal areas that were in force at the passing of the act lapsed. The title of “Emperor of India” was dropped from the titles of British Crown.

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.

Lord Mountbatten, 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, Hyderabad and Jammu and Kashmir. The state of Jammu and Kashmir 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, and the state was disputed between India and Pakistan.

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. India conducted a referendum in the state in which the people voted overwhelmingly to join India.

The state of Hyderabad, with the majority Hindu population but Muslim ruler faced intense turmoil and sectarian violence, following which the ruler of the state signed the Instrument of Accession, joining India.

Muhammad Ali Jinnah became Pakistan’s Governor-General and Liaquat Ali Khan became the Prime Minster of Pakistan. Between October 1947 and March 1948 the rulers of several Muslim-majority states signed instruments of accession to join Pakistan. These included Amb, Bahawalpur, Chitral, Dir, Kalat, Khairpur, Kharan, Las Bela, Makran, and Swat.

The Indian Independence Act of 1947 was subsequently repealed in Article 395 of the Constitution of India and in Article 221 of the Constitution of Pakistan of 1956, both constitutions being intended to bring about greater independence for the new states.

To summarize, freedom fighters set India on the path of freedom, but it required an official bureaucratic process to lead to independence being declared on August 15, 1947.

India having been ruled by Britain, Indian Independence Act, 1947 was a bill introduced in British Parliament that set the wheels in motion for the formation of the nation as we know it. The act enabled the transfer of power from the Crown to India in an amicable manner.

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