Indian Independence Act

Indian Independence Act
Main provisions
1. Partition of the British India into two new and fully sovereign dominions-India
and Pakistan with effect from August 15, 1947;
2. Division of the provinces of Bengal & Punjab among the two newly formed
countries;
3. The offices of Governor-General in both the countries would be set up. These
Governor-General would be representing the Crown;
4. The complete legislative authority would be conferred in the hands of the
Constituent Assemblies of the two new countries;
5. The British suzerainty over the princely states would be terminated from
August 15, 1947;
6. Abolishing the use of title “Emperor of India” by the British monarch;
7. The Act includes the division of the armed forces between the two countries
If essay below
Features of the Act:

• The Government of India continued to be constituted till the 14th of August 1947 as before
1935 under certain provisions of the Government of India Act (Otherwise repealed)
continued in force by Sec.317 of the Government of India Act 1935 taken along with ninth
scheduler thereto.
• On and from the 15th of August 1947 full and unqualified responsible government was
established at the centre and in the Provinces of the Dominion of India under the Government
of India Act 1955 as adopted by the Governor General of India in the exercise of the powers
conferred on him by the Indian Independence Act 1947 and the Governor General and the
Governors became purely Constitutional heads of their respective Governments.
• The Indian Independence Bill was presented before British Parliament on July 4, 1947 and
was passed by Parliament on July 18, 1947. The Act gave effect to June 3 plan of lord
Mountbatten.
• The Act provided for partition of India and the establishment of two dominions of India and
Pakistan from the 15th day of August 1947. The Indian Independence Act 1947 did not
provide for any new constitution of India. It was an enabling Act – an Act “to enable the
representative of India and- Pakistan to frame their own constitutions and to provide for the
exceedingly difficult period of Transition.
• From 15th August 1947, the British Government was to have no responsibility for the
administration of British India. The Government of India Act 1935 was to be, for the time
being, the basis constitution of India. It was however granted that the Governor General as
also the Governors would not exercise their discretion or individual judgment.
• The control and services of the Secretary of State Was discontinued as a mark to end
foreign domination over India. The British Forces which constituted another instrument, of
British control over India were to be withdrawn from India. Pending the formation of a new
constitution the Governor General was given power to modify or adopt the Government Act
of, 1935.
• The Act terminated British authority over India and provided termination of the sovereignty
of the Crown over Indian States. The right of the King to veto laws or to reserve laws for his
pleasure was given up. The Indian Independence Act is a landmark in the constitutional
history of India. It is the culminating point in a long Course of events. The prevision for
safeguards for the minorities was also abolished.
• The formal and final termination of British rule in India and the inauguration of the
Republic of India on 26th January 1950 es envisaged by the constitution of India adopted on
26th November 1949 by the Indian Constituent Assembly. This Constitution has in essence
provided for the establishment of the parliamentary system of government both at the centre
and in the Constituent States of the Indian Union. The President of India has virtually
succeeded to the Office of Governor General of India and is the constitutional head of India.
The Governors Act as constitutional heads in their States.
• It dropped the title of Emperor of India from the royal titles of the king of England.
• 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. 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.
The Effects of the Indian Independence Act 1947:

• The Indian Independence Act altered the Constitutional position of India root and branch.
Till 1947, in Constitutional theory the Government of India is a subordinate official
Government.
• The Indian Independence Act 1947 declared that with effect from the 15th August 1947, the
suzerainty of the British Crown over the Indian States lapsed and the treaty relations with
Tribal areas also lapsed from that date.
• The responsibility of the British Government and Parliament ceased in respect of

administration of India. The Office of the Secretary of State for India was abolished.
• Till 1947, the crown remained in the ultimate analysis the source of authority. India was so
long a dependency of the British Crown. The Government of India functioned in the name of
His Majesty.
• Under the Indian Independence act of 1947, India ceased to derive any sanction or authority
for the Federation or Units from the Grown.
• The Governor General was made the head of the State, constitutionally. According to the
adaptations under the Independence Act, there was no longer any Executive. Council as
under the Act of 1919, or “Counsellors” as under the Act of 1935. The Governor General or
the Provincial Governor was to act on the advice of a Council of Ministers having the
confidence of the Dominion Legislature or the Provincial Legislature as the case might be.
• The Governor General or the Governor as the pase might he ceased to act “in his
discretion,” and “in his individual judgment”. The powers of the Governor General as under
the Government of India Act 1935 requiring Governors to discharge certain functions as his
agents were effaced from the Act.
• The Central Legislature of India composed of the Legislature Assembly and the Council of
State ceased to exist on the 14th August 1947. From the ’appointed day’ and until the
Constituent Assembly was to frame the new Constitution and a new legislature was
constituted there under the Constituent Assembly was to act as the’ Central Legislature of the
Dominion.

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Indian Independence Act

Features of the Act:

The Effects of the Indian Independence Act 1947:

• The responsibility of the British Government and Parliament ceased in respect of

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