India@75: A look at origins and provisions of Indian Independence Act 1947

In the aftermath of World War II, the war-weary United Kingdom was faced with a choice. Try to hold on to its Empire particularly in the Indian subcontinent in the face of fierce opposition or leave. It wisely chose the latter. But not before one last act – splitting India and Pakistan into two separate, independent dominions via the Indian Independence Act, 1947. Let’s take a closer look at the provisions of the Act and its aftermath: Origins of the Act On 20 February, 1947, Clement Attlee, the then UK prime minister, made a momentous announcement – full self-government would be given to India on 30 June, 1948. Lord Mountbatten, then Viceroy of India, naval officer, and member of the Royal Family, was deputed to oversee the making of the Indian Constitution. However, that original date of 30 June, 1948, was quickly advanced to 15 August, 1947, after increasing communal violence and demands for partition from the Muslim League.

Lord Mountbatten proposed a compromise – known as the Mountbatten plan.

It was on this basis that the UK Parliament passed the Independence Act of India, 1947. [caption id=“attachment_11049441” align=“alignnone” width=“640”] File image of the Houses of Parliament in London. AP[/caption] Legal historian Rohit De explained to Indian Express why the date of granting “full-Independence” was advanced by nine months: “This was partly because he (Mountbatten) realised that the constitution-making process would take longer than anticipated, and that if they waited until 1948 the country would be in turmoil.” “Dominion status could be granted by Act of Parliament and did not require a complicated process of constitution-writing. The grant of Dominion status was speedy and able to accommodate a variety of transnational arrangements." Provisions As per Britannica, the legislation passed by the United Kingdom Parliament on 18 July, 1947, provided for the establishment of independent India and Pakistan in the territories of South Asia and defined “India” under the 1935 Government of India Act. The Act officially ended the British rule in India, which was declared as an independent and sovereign state from 15 August, 1947. The two independent dominions of India and Pakistan came into being and the British government was freed of any responsibility with regard to governance. The dominions were also given the right to secede from the British Commonwealth which they did in 1950 and 1956 respectively.

The Act abolished the Office of Viceroy as well as the Office of the Secretary of State.

However, the British King, on the advice of the dominion cabinet, appointed a governor-general for each dominion as the constitutional (nominal) heads of the states. The title of Emperor of India was also dropped from the royal titles of the King of England. The Act allowed the Assemblies of both India and Pakistan to frame and adopt laws for their territories and to repeal any Act passed by the UK Parliament, including the Independence Act itself. Thus, no law that was passed by the British government after 15 August, 1947, would extend to either of the dominions unless individually passed in the respective Assemblies. The Indian princely states were freed of the ‘British paramountcy’ under the Act, giving them the right to either join Pakistan or India or to remain independent. Treaty relations with tribal areas also lapsed under the Act. Till new constitutions were framed, the Act provided for the governance of the new dominions and provinces by the Government of India Act, 1935. However, the dominions held the authority to make any changes in the Act. The appointment to civil services and reservation of posts by the Secretary of State for India was also discontinued. Aftermath The transfer of power took effect at midnight of 14 and 15 August with Lord Mountbatten marking the ceremonies in Karachi and New Delhi. [caption id=“attachment_10474041” align=“alignnone” width=“640”] In this handout picture taken 15 August 1947, British Governor-General Lord Mountbatten (C) gestures alongside Lady Edwina Mountbatten (2R) and Indian Prime Minister Jawaharlal Nehru (R) as they witnesses the raising of the Indian tricolour for the first time at India Gate in New Delhi. AFP[/caption] Mountbatten continued as Governor-General, while Jawaharlal Nehru was appointed India’s first prime minister. Muhammad Ali Jinnah became Pakistan’s Governor-General and Liaquat Ali Khan its prime minster. The resulting 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, as per Britannica. However, as this piece in The Indian Express notes, while memory marks India’s birth as the moment when Nehru delivered his ‘Tryst with Destiny’ speech, India and Pakistan still remained dominions till 1950 and 1956 respectively. “In simpler words, dominions were autonomous communities within the British Empire which were “equal in status” but had an “allegiance to the Crown”. What it meant was that King George VI continued to reign as the Emperor of India and Lord Mountbatten was the first Governor-General of the country. Nehru was sworn in as the premier, but served on the command of the British Governor-General, and unelected Indian nationalist leaders were administered oaths in the name of the British King-Emperor,” the piece noted. “What it also meant was that a British field marshall led the Indian Army and judges appointed by the British continued to be part of the high courts and the federal court.” India was only able to break free from British shackles on 26 January, 1950, after the Constitution came into effect, the piece further added. “The three years of dominion status though, were crucial in the ultimate creation of a democratic republic,” the piece concluded. With inputs from agencies Read all the  Latest News _,_  Trending News _,_  Cricket News _,_  Bollywood News _,_  India News  and  Entertainment News  here. Follow us on  Facebook _,_  Twitter  and  Instagram _._