INDIAN INDEPENDENCE ACT 1947

Table of Contents

Mountbatten Plan Background

Lord Mountbatten
- had came to India as last Viceroy
- he was assigned the task of speedy power transfer by PM Clement Atlee
- May 1947-> Mountbatten came up with a plan under which he proposed that
  - provinces be declared independent successor states
  - and then they be allowed to choose whether to join the constituent assembly or not.
  - this plan was also called ‘Dickie Bird Plan’
- Jawaharlal Nehru
  - opposed the plan fearing balkanisation of country
  - Hence, this plan was also called Plan Balkan

Hence Mountbatten came up with another plan called June 3 Plan
- this was last plan for Indian independence
- called Mountbatten Plan
June 3 Plan
- It included principles of partition, autonomy, sovereignty to both nations
- It gave the right to make own constitution
- Princely States such as Jammu and Kashmir were given a choice to either join India or Pakistan
- Plan was accepted by both the Congress and Muslim League.
- Congress also accepted the inevitability of partition
- This plan was put into action by Indian Independence Act 1947 – passed in – British Parliament – received royal assent – 18 July 1947

Provisions of Mountbatten Plan

British India was to be partitioned into 2 dominions – India and Pakistan.
Constitution framed by Constituent Assembly would not be applicable to Muslim-majority areas (as these would become Pakistan)
Question of separate constituent assembly for Muslim-majority areas would be decided by these provinces
Legislative assemblies of Bengal and Punjab met and voted for partition
- it was thus decided to partition these two provinces along religious lines.
The legislative assembly of Sind would decide whether to join the Indian constituent assembly or not. It later decided to go to Pakistan.
A referendum was to be held on NWFP (North-Western Frontier Province) to decide which dominion to join. NWFP decided to join Pakistan.
The date for the transfer of power was to be August 15, 1947
To fix international boundaries between the two countries, Boundary Commission was established chaired by Sir Cyril Radcliffe. The commission was to demarcate Bengal and Punjab into the two new countries.
The princely states were given the choice to either remain independent or accede to India or Pakistan. The British suzerainty over these kingdoms was terminated.
The British monarch would no longer use the title ‘Emperor of India’.
After dominions were created, the British Parliament could not enact any law in the territories of the new dominions.
Until the time the new constitutions came into existence, the Governor-General would assent any law passed by the constituent assemblies of the dominions in His Majesty’s name. The Governor-General was made a constitutional head
On the midnight of 14th and 15th August 1947, the dominions of Pakistan and India respectively came into existence. Lord Mountbatten was appointed the first Governor-General of independent India and M .A. Jinnah became the Governor-General of Pakistan

Background

Feb 20 1947 Atlee Declaration
- By British PM Clement Atlee
- It said -> British rule would end by June 30 1948
Muslim League
- Protested
- Demanded Partition
June 3 1947
- British Govt Clarifies – constitution by Constituent Asembly of India 1946 – cannot apply to those parts which were unwilling to accept it
June 3 1947
- Partition Plan
- By Viceroy – Lord Mountbatten
- Called Mountabatten Plan
- Accepted by Congress & Muslim League
- Immediate effect was given to plan by enacting – Indian Independence Act of 1947

Important Points

1. Ended British Rule

Aug 15 1947
India became independent & sovereign

2.Provided for Partition

2 independent dominions –> India & Pak
Both had right to secede from –> British Commonwealth
Boundaries Commission
- The boundaries between the two dominions were to be determined by a Boundary Commission headed by Sir Cyril Radcliff.
- It provided for partition of Punjab & Bengal and separate boundary commissions for each.
- Pakistan was to comprise of
  - West Punjab
  - East Bengal
  - Territories of Sind
  - North West Frontier Provinces
  - Syllhat divisions of Assam
  - Bhawalpur, Khairpur
  - Baluchistan and 8 other princely states of Baluchistan

3.Abolished Viceroy Office

Each dominion to have –> Governor General
Governor General
- Appointed by British King
- On advice of Dominion Cabinet
British Govt –> to have no responsibility of Government of India and Pakistan

4. Empowered Constituent Assembly of Both Dominions to

Frame & Adopt any constitution & repeal any previous Act or Independence Act itself
To legislate for their respective territories till new constitution is drafted & enforced
No Law of British Par to extend over both dominions Post – Aug 15 1947, unless extended by law – by dominion legislature

5. Abolished Office of Secretary of State for India

Functions transferred to Secretary of state for Commanwealth affairs

6. Proclaimed Lapse of British Paramountacy over Indian Princely States

Authority of British Crown over princely states ceased and they were free to join either India or Pakistan or remain independent
Authority over Treaty Relations also ended with Tribals in Aug 14 1947

7. Granted Princely States the Freedom to

Join Dominion of India
Join Dominion of Pak
Remain independent

8. Until new constitution Dominions & Provinces Governed Govt Of India Act 1935

But dominions could chnage it.

9. Right to Veto Bill and Reserve for his approval was taken away from British Monarch and it was reserved for Governor General

10. Designated Governor General of India & Provincial Governors

Both dominions were to have Governor Generals appointed by British King.
The act also provided for common Governor general if both of them agreed
Any modification or omission in Act could be done by the Governor General

11. Dropped Title of Emperor of India from Royal Titles of King of England

12. Members of Civil services

no more to be appointed by Secretary of State for India
reserved posts were abolished
members appointed before Aug 15 1947 to continue

Note

First Governor General of New Dominion of India –> Lord Moutbatten
Mountbatten swore first PM –> JN Nehru
Interim Govt
- 1946
- Members were –> members of Viceroys executive council
- Viceroy continued as –> Head of council
- J Nehru –> Vice President of Council

Significance

The act carries great constitutional significance
PM Attlee had described it as “the fulfilment of the British mission” in India
Lord Samuel described the Act as “a treaty of peace without war”.
Act marked beginning of a new era of free India but a sizeable population of people and leaders were unhappy with this.

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Sumit Teotia

Sumit is Creator and Author at learncrisp.com. He started this learning platform with a mission to emerge as an aspirants resource hub, especially for those preparing in self study mode. He loves writing and his interests are History, Security and Diplomacy.