The Indian Independence Act was passed in the British Parliament in July 1947 and granted independence to India according to the “Mountbatten Plan” or “The 3 June Plan,” which was published on June 3, 1947, with the help of the Viceroy of India, Lord Mountbatten, and his chief advisor on constitutional reforms, V.P. Menon, after Congress and the Muslim League accepted the partition plan.
British Prime Minister Clement Attlee quickly presented the draft of this independence act to the British Parliament on July 4, 1947, and it was passed on July 5. On July 15, the Indian Independence Act was unanimously passed without any changes in both the House of Commons and House of Lords of the British Parliament. Finally, on July 18, when King George VI of England (1895-1952) gave his consent to the bill, it became law and was implemented on August 15.
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Background of Indian Independence Act 1947
- The Second World War began in September 1939, and with it, the final phase of India’s independence struggle started. The history of this phase was extremely complex and controversial. The key figures who played major roles in determining India’s future in this difficult situation were: 3 Viceroys – Lord Linlithgow, Lord Wavell, and Lord Mountbatten; 2 British Prime Ministers – Clement Attlee and Winston Churchill; from Congress – Mahatma Gandhi, Nehru, Maulana Azad, and Vallabhbhai Patel; and from the Muslim League – Muhammad Ali Jinnah.
- To pacify the communal riots across India, British Prime Minister Clement Attlee announced in Parliament on February 20, 1947, that the British government would transfer power to India by June 30, 1948. However, after this announcement, the intensity of riots and protests across the country increased further. When the Muslim League initiated new communal riots in Assam and Punjab, the situation in Punjab began to deteriorate in early March 1947. Communal riots spread beyond Punjab to cities like Lahore, Amritsar, and Rawalpindi.
- To handle this uncontrollable situation and expedite the power transfer process in India, the British Parliament replaced Lord Wavell with Lord Louis Mountbatten and sent him to India on March 22, 1947. He took charge as Viceroy of India on March 24 and held 133 meetings with Indian princes between March 24 and May 6.
- Although Mountbatten’s goal was an undivided India, after discussions he realized that there was no solution to the Indian problem without partition. Thus he planned to present his own plan by May. The ‘Mountbatten Plan’ had two aspects. One accepted the demand for the creation of Pakistan, and the other transferred power as soon as possible.
- Lord Isham, one of Lord Mountbatten’s advisors, sent the draft of the Mountbatten Plan to London for British Cabinet approval on May 2, 1947. This draft stated that any province could remain independent without joining either India or Pakistan.
- However, when Nehru saw this draft plan on May 10, he opposed it. Because he believed that if this plan was implemented, it would create an environment for devastating civil war in India’s future.
- In light of Nehru’s objection, the responsibility for modifying the draft of the Mountbatten Plan was given to V.P. Menon, the government’s chief constitutional advisor. He didn’t make major changes to this plan, only altering a few aspects. VP Menon recommended transferring power to India based on dominion status and gave Muslim-majority regions the freedom to form a separate state. Additionally, the freedom of expression that was given to Bengal and Punjab in the Mountbatten Plan was withdrawn.
- From Congress, Sardar Vallabhbhai Patel and Jawaharlal Nehru; from the Muslim League, Muhammad Ali Jinnah and Liaquat Ali Khan; and from the Sikhs, Baldev Singh accepted this proposal. Based on this proposal, the Indian Independence Act was passed by the British Parliament on July 5, 1947, and the act got royal assent on July 18, 1947.
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Features of the Indian Independence Act 1947
- The Indian Independence Act of 1947 ended British rule in India and declared India as a separate and independent nation on August 15, 1947.
- According to this act, two separate dominions named India and Pakistan were formed. Pakistan dominion was formed on August 14 comprising North-West Frontier Province, Balochistan, Sindh, West Punjab, and East Bengal or East Pakistan, including Sylhet of Assam. And on August 15, India Dominion was formed with the remaining parts.
- The Indian Independence Act of 1947 abolished the office of Viceroy and appointed Governors-General for both dominions of India and Pakistan. Lord Mountbatten was the first Governor-General of independent India, and Jawaharlal Nehru was the first Prime Minister. After Mountbatten left India, Chakravarti Rajagopalachari became India’s last Governor-General on June 21. Muhammad Ali Jinnah was the first Governor-General of independent Pakistan, and Liaquat Ali Khan was the first Prime Minister.
- The position of “the secretary of state for India” was abolished and its duties were assumed by “the secretary of state for Commonwealth Affairs.”
- The princely states were given the right to either remain independent or join India or Pakistan.
- The title ‘Emperor of India’ was removed from the British royal titles. Both nations were recognized as members of the British Commonwealth.
- It stopped recruitment and reservation of posts in civil services by the secretary of state for India. All benefits to which civil service employees were entitled before August 15, 1947, would remain available to them.
- The Indian Independence Act of 1947 gave the constituent assemblies of both India and Pakistan the power to make laws for their respective regions until new constitutions were drafted and implemented.
- Until new constitutions were adopted in both dominions of India and Pakistan, both countries’ governments had to conduct administration according to the Government of India Act of 1935.
- After independence, no law of the British Parliament would remain in force in the two dominions. The elected legislature of each dominion would create laws for their respective countries.
- The Council of States and the Central Legislative Assembly were to be automatically abolished, and the constituent assembly of each new dominion was to exercise the authority of that dominion’s legislative.
- India and Pakistan, these two nations, would have to conduct their internal and foreign affairs independently.
- It took away the British monarch’s authority to reject legislation or request that specific bills be reserved for his approval. However, the Governor-General was the only one with this authority. In His Majesty’s name, the Governor-General would have complete authority to approve any bill.
- It established the governors of the provinces and the governor-general of India as the constitutional (nominal) heads of state. They were forced to follow the recommendations of the relevant council of ministers in every situation.
