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Indian Independence Act of 1947 – Polity Dose

Indian Independence Act of 1947 – Polity Dose

On February 20, 1947, the British Prime Minister Clement Atlee declared
that the British rule in India would end by June 30,1948; after which the
power would be transferred to responsible Indian hands. This announcement
was followed by the agitation by the Muslim League demanding partition of
the country. Again on June 3, 1947, the British Government made it clear that
any Constitution framed by the Constituent Assembly of India (formed in
1946) cannot apply to those parts of the country which were unwilling to
accept it. On the same day (June 3, 1947), Lord Mountbatten, the viceroy of
India, put forth the partition plan, known as the Mountbatten Plan. The plan
was accepted by the Congress and the Muslim League. Immediate effect was
given to the plan by enacting the Indian Independence Act (1947).

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Features of the Act

1. It ended the British rule in India and declared India as an independent and
sovereign state from August 15,1947.
2. It provided for the partition of India and creation of two independent
dominions of India and Pakistan with the right to secede from the British
Commonwealth.
3. It abolished the office of viceroy and provided, for each dominion, a
governor-general, who was to be appointed by the British King on the
advice of the dominion cabinet. His Majesty’s Government in Britain was
to have no responsibility with respect to the Government of India or
Pakistan.
4. It empowered the Constituent Assemblies of the two dominions to frame
and adopt any constitution for their respective nations and to repeal any
act of the British Parliament, including the Independence act itself.
5. It empowered the Constituent Assemblies of both the dominions to
legislate for their respective territories till the new constitutions were
drafted and enforced. No Act of the British Parliament passed after
August 15, 1947 was to extend to either of the new dominions unless it
was extended thereto by a law of the legislature of the dominion.

6. It abolished the office of the secretary of state for India and transferred his
functions to the secretary of state for Commonwealth Affairs.
7. It proclaimed the lapse of British paramountcy over the Indian princely
states and treaty relations with tribal areas from August 15,1947.
8. It granted freedom to the Indian princely states either to join the
Dominion of India or Dominion of Pakistan or to remain independent.
9. It provided for the governance of each of the dominions and the provinces
by the Government of India Act of 1935, till the new Constitutions were
framed. The dominions were however authorised to make modifications
in the Act.
10. It deprived the British Monarch of his right to veto bills or ask for
reservation of certain bills for his approval. But, this right was reserved for
the Governor-General. The Governor-General would have full power to
assent to any bill in the name of His Majesty.
11. It designated the Governor-General of India and the provincial governors
as constitutional (nominal) heads of the states. They were made to act on
the advice of the respective council of ministers in all matters.
12. It dropped the title of Emperor of India from the royal titles of the king of
England.
13. It discontinued the appointment to civil services and reservation of posts
by the secretary of state for India. The members of the civil services
appointed before August 15, 1947 would continue to enjoy all benefits that
they were entitled to till that time.
At the stroke of midnight of 14–15 August, 1947, the British rule came to an
end and power was transferred to the two new independent Dominions of
India and Pakistan
10
. Lord Mountbatten became the first governor-general of
the new Dominion of India. He swore in Jawaharlal Nehru as the first prime
minister of independent India. The Constituent Assembly of India formed in
1946 became the Parliament of the Indian Dominion.

 

About JAYANT SRIVASTAVA

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