LLOYD LAW COLLEGE

INTERNAL ASSIGNMENT SUBMISSION

INDIAN LEGAL AND CONSTITUITIONAL HISTORY
INDIAN INDEPENDENCE ACT,1947

Submitted by:
Vasoo Garg
Section-E
B.A.LL.B
2019-24
India was a geographical entity unconnected to political boundaries ruled by different
dynasties, at different times and in different parts from Kabul to Kanyakumari. However, the
English East India Company (EIC) through a series of wars aggressively began annexing territory
in India in the 18th century. Namely, the Anglo Carnatic wars, Battle of Plassey, Anglo Mysore
wars, Anglo Maratha wars, Anglo Sikh wars, etc.The Princes who kneeled down to the British
retained their territory, but ended as feudatories. They were called ‘Indian States’ and were
popularly were known as ‘Princely States’ under British Paramountcy. The 1858 rebellion by
freedom fighters forced the British Parliament to take over the territory from EIC and vest it
under the Crown by enacting the Govt of India Act of 1858 under Section I. The subordinate
relationship with Princes continued with the British exercising their Paramountcy over them.
Prominent among 650 Princely States were Hyderabad, Kashmir, Mysore, Baroda and Gwalior.
While about two thirds of present India was under the jurisdiction of British India vested
directly with the British Crown, the remaining one third was under Princely States but under the
paramountcy of British Crown.On failing to overcome the resistance to their governance due to
the nonviolent freedom movement led by Mahatma Gandhi, the British finally decided to bow
down and grant independence to India. The final stages of transfer of power began with Lord
Mountbatten, the-then Governor-General. Lord Mountbatten came to India as the last Viceroy
and was assigned the task of a speedy transfer of power by the then British Prime Minister
Clement Atlee.In May 1947, Mountbatten came up with a plan under which he proposed that
the provinces be declared independent successor states and then be allowed to choose
whether to join the constituent assembly or not. This plan was called the ‘Dickie Bird Plan’.
Jawaharlal Nehru (Born on November 14, 1889) when apprised of the plan, vehemently
opposed it saying it would lead to Balkanization of the country. Hence, this plan was also called
Plan Balkan. Then, the viceroy came up with another plan called the June 3 Plan. This plan was
the last plan for Indian independence. It is also called the Mountbatten Plan.The June 3 Plan
included the principles of partition, autonomy, sovereignty to both nations, right to make their
own constitution.Above all, the Princely States such as Jammu and Kashmir were given a choice
to either join India or Pakistan. The consequences of these choices would affect the new
nations for decades to come.This plan was accepted by both the Congress and the Muslim
League. By then, the Congress had also accepted the inevitability of the partition.This plan was
put into action by the Indian Independence Act 1947 which was passed in the British Parliament
and received the royal assent on 18 July 1947.Indian Independence Act (1947) marked the final
stage in the constitutional evolution of the country.Politically it was the final outcome of the
freedom struggle of India that had witnessed different strand of political development from
1885 to 1947.All freedom fighters irrespective of the ideologies pursued by them demanded
Independence.It was the goal of all and was finally achieved by enactment of the Act of 1947
after undergoing through various phases of nationalism under the leadership of different
nationalist leaders.Indian Independence Act (1947) was passed by the British Parliament and
the Mountbatten Plan acted as the basis for the same. It basically provided for Independence of
India from the British Empire and two independent states, viz.Indian Union and Pakistan were
to be created in the Indian sub-continent on August 15, 1947.Consequently, the office of the
Secretary of State for India was abolished and the Commonwealth Secretary was assigned the
responsibility of maintaining relations with Pakistan and the Indian Union.It provided for two
dominion states : India and Pakistan.
The British army left India immediately after the Indian people took over the Government of the
country. The partition of the country, followed by the withdrawl of the British, created new
problems.
There were Hindu-Muslim riots in many places on the eve of independence. Hindus in Pakistan
were massacred in large numbers. The Hindus and Sikhs began to migrate from the West-
Punjab to the East and Muslims from the East-Punjab to the West.Gandhiji was deeply shocked
on the day when country got freedom. He observed a 24 hours’ fasting. He undertook a walking
tour in the riot-stricken areas of Noakhali.Soon after Independence Act of 1947 was passed in
the British Parliament, Sardar Vallabhbhai Patel, the iron man of India, advised the Indian
Princes to join the Indian Union, immediately. There was wide response to the call of Sardar
Patel. The Princely States joined India partly on their own intiative and partly after military
intervention.
However, what’s important is that the grant of independence to the new dominions of India
and Pakistan emerges from the absolute grant of authority to their respective Constituent
Assemblies to frame the Constitution under Section 8(1) of Act of 1947. Further, Section 7 (1)
(a) stated the legislative declaration that Britain, ie His Majesty’s Government of United
Kingdom, shall “have no responsibility as respect the government of any of the territory which,
immediately before that day, were included in British India”. By these provisions, Britain
undoubtedly transferred the sovereignty vested in its Parliament from 1858 onwards to the
Constituent Assemblies of India and Pakistan to decide on their Constitution and future course
of action. The British Crown was expressly barred from exercising any responsibility albeit
power over the territories included in India and Pakistan.
The constitution framed by the Constituent Assembly would not be applicable to the Muslim-
majority areas (as these would become Pakistan). The question of a separate constituent
assembly for the Muslim-majority areas would be decided by these provinces.As per the plan,
the legislative assemblies of Bengal and Punjab met and voted for the partition. Accordingly, it
was 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 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 while Khan Abdul Gaffar Khan boycotted
and rejected the referendum.The date for the transfer of power was to be August 15, 1947.
The boundaries between the two dominion states were to be determined by a Boundary
Commission which was headed by Sir Cyril Radcliff.It provided for partition of Punjab & Bengal
and separate boundary commissions to demarcate the boundaries between them.Pakistan was
to comprise the West Punjab, East Bengal, Territories of the Sind, North West frontier
provinces, Syllhat divisions of Assam, Bhawalpur, Khairpur, Baluchistan and 8 other princely
states of Baluchistan.The authority of the British Crown over the princely states ceased and
they were free to join either India or Pakistan or remain independent.Both the dominions of
India and Pakistan were to have Governor Generals to be appointed by the British King. The act
also provided for a common Governor general if both of them agreed.The constituent
assemblies of both the states were free to make constitutions of their respective countries.For
the time being till the constitution was made, both of them would be governed in accordance
with the Government of India act 1935.Any modification or omission could be done by the
Governor General.British Government would not continue any control on any dominion.The
Governor general was invested with adequate powers until March 1948 to issue orders for
effective implementation of the provisions of the Indian independence act 1947.
Those civil servants who had been appointed before the August 15, 1947, will continue in
service with same privileges.The Indian Independence Act (1947) marked the close of
constitutional development to India under the rule of the British. It was a mixed bag since, India
was to be free but was to be partitioned.Jinnah left for Karachi on August 7, 1947. Here the
Constituent assembly of Pakistan met on August 11, 1947 and elected him the President. Three
days later he was sworn in as Governor General of Pakistan. On the midnight of 14 August and
15 August 1947, India and Pakistan came into existence. The Constituent assembly then
appointed Lord Mountbatten as the First Governor General of the Indian Dominion. In the
Morning of August 15, 1947, a new cabinet headed by Jawaharlal Nehru was sworn in. India
paid a heavy price, thereafter in the form of thousands of lives lost in the fire of partition.