The Indian Independence Act of 1947

[Farhat Mahfooz]

The Indian Independence Act of 1947

The British Government introduced the Indian Inde-pendence Bill in Parliament on July 4, 1947 and the Indian Independence Act was enacted after a fortnight on July 18. The Act made no reference to any new Constitution for India.
The Act enabled the representatives of India and Pakistan to frame their own Constitutions and to provide for the "exceedingly difficult period of transition". In another sense, the Act was a mere formal reflection of the promises made under the Mountbatten Plan. Under the Act:
• Two Independent dominions (India and Pakistan) were to be set up on 15 August, 1947.
• Pakistan will comprise of Sindh, Baluchistan, N.W.F.P., West Punjab and East Bengal.
• The legislatures of each dominion shall have full power to make laws for that dominion (legislative supremacy).
• Pending the adoption of a new constitution for each dominion, the existing Constituent Assembly would be Dominion Legislature, and both Dominion and every Province would be governed by the provisions of the Government of India Act, 1935.
• Each Dominion was empowered to modify this Act, through its Governor-General up to March 31, 1948 and thereafter by its Constituent Assembly.
• The King's Power to veto laws or to reserve them for His Majesty's pleasure was given up and each new Governor-General was given the right to assent in His Majesty's name to any Bill passed by the Dominion Legislature of his country.
• Suzerainty and paramountcy of the British Crown over the Indian States was terminated through the Act with all treaties, agreements, etc., between the two to lapse on August 15.
• The existing arrangements between the States and the Government of India were to continue pending detailed negotiations between these states and the new Dominions.
• The office of the Secretary of State for India was abolished. The Secretary for Commonwealth Affairs was to take on his work.
• The words "Emperor of India" and "India Imperator" were to be dropped from the Royal-style and titles.
• Both the dominions had the right to go out of the British Commonwealth as and when they desire. Thus, the Act converted India from a dependency of the crown into two separate dominions. India was free from the control of the British Parliament and Whitehall. The Act according to Mr. Attlee was "a culminating point" in a long course of events- the Act of 1935, the Cripps Mission, etc. The Act was acclaimed as "the noblest and the greatest law ever enacted by the British Parliament."