University Institute of Legal Studies,

Panjab University, Chandigarh

SESSION: 2022-2023
Project work on topic-

“INDIAN INDEPENDENCE ACT 1947”

Submitted to- Submitted by-

Prof. Vijay Lakshmi Gurleen Singh
R.no- 211/21
B.A.LL.B(Hons.)
Sem-4
Section-C

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 ACKNOWLEDGEMENT

The current project work was an opportunity given me to have detailed knowledge about the
topic which I have studied being a student of History. By preparing this project, I came to
know about a lot of new things.

I would also like to express special thanks to my project guide and subject teacher Prof.
Vijay Lakshmi for his all-time support and time to time guidance. His knowledge,
experience and support lead me to complete my project timely and successfully.

Gurleen Singh

B.A.LL.B(Hons)

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 INDIAN INDEPENDENCE ACT 1947

1. INTRODUCTION

The Indian Independence Act was passed by the British parliament in 1947. It effectively
ended British rule over India. The country was partitioned into India and Pakistan (east and
west). The act also repealed the use of the title ‘Emperor of India’ by the British Crown.

The Indian Independence Act was passed by the British parliament on July 5, 1947. Its aim
was to transfer the power from the British Crown to the newly independent dominions of
India and Pakistan. It terminated British suzerainty over Indian affairs.

The Act was based on the Mountbatten Plan formulated by Louis Mountbatten, the last
Governor-General of India. He had formulated the plan to transfer the power to the hands of
the natives from the British Crown. The Act was the result of years of struggle and resistance
against the British occupation by the Indians. Lord Mountbatten, however, continued as the
Governor-General of newly independent India till 1948.

2. ROYAL ASSENT

The Indian Independence Act was passed by the British Parliament on July 5, 1947. It
received royal assent from the then British monarch, George VI on July 18, 1947. The Act
abolished the title of the ‘Emperor of India’ from the British Crown. George VI issued a royal
proclamation that the word ‘Emperor of India’ be henceforth, omitted from his titles and
styles.

3. HISTORICAL BACKGROUND

The British Crown had taken over the administration of India from the British East India
Company after the Revolt of 1857. The reign of British rule in India was marked by
oppression and discrimination of native Indians in the hands of the British. There was
growing resentment against the British in India by the onset of the Second World War. The
British, in turn, promised Indians to take measures towards self-rule for Indian support in the
war.

India was ruled by various dynastic rulers when the British East India Company arrived on its
shores. The EIC began its annexation by political treaties and Anglo-Carnatic wars. It also

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introduced alliances such as the subsidiary alliances, which mandated British suzerainty over
Indian lands. One by one, the Indian princes fell into the trap.    

After the Indian Revolt in 1857, the EIC was stripped of its administrative powers and the
Crown directly took over the administration of its Indian colony. However, the coming years
witnessed growing Indian resistance against British occupation. Although there were several
leaders of the movement, there was one leader who actively led the nonviolent aspect of the
freedom movement which ultimately succeeded in its mission. Mahatma Gandhi, by his non-
violent methods of resistance, garnered popular support among the masses and soon his
protests became massive public movements. 

The British finally gave in. The Indian Independence Act was introduced in the British
parliament by Lord Listowel, who was the last Secretary of States for India and also a
minister in the British Cabinet. The Act was passed and the independent countries of India
and Pakistan were born. The princely states were also restored their sovereignty and the
decision was left on them to join either of the Indian and Pakistan unions. 

4. IMPORTANT FEATURES OF THE INDIAN INDEPENDENT ACT

The following are the salient features of the Indian Independence Act 1947:

1. The Act declared India as a sovereign and independent state.

2. It also made provisions for the partition of the Indian state into two separate
dominions of India and Pakistan on grounds of religious differences.

3. The position of the Secretary of States for India was abolished.

4. The office of the Viceroy was also abolished and the Act initiated for the providence
of two separate Governor-Generals to be appointed for the dominions of India and
Pakistan on the advice of the British Cabinet.

5. The Constituent Assemblies of both the dominions were authorised to formulate their
respective constitutions and also to repeal any law of the British Parliament
formulated for the Indian state, including the Independence Act itself.

6. The Constituent Assemblies were empowered to act as legislative bodies for their
respective dominions till the time they could formulate a constitution for their state.

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 7. It granted authority to the princely states to join either of the dominions or remain
independent.

8. The governance of each dominion was to be done on the basis of the Government of
India Act, of 1935.

9. The British Monarch no longer had the authority to veto or ask for the bills of the
Indian state.

10. The Governor-General of each dominion had to act on the advice of the council.

The Radcliffe Commission was immediately appointed following the Act to draw up
boundaries between the two dominions. The borders were drawn based on religious
differences. The states of Punjab and Bengal were divided between the two dominions. 

Lord Louis Mountbatten became the Governer-General of India, while Muhammad Ali
Jinnah became the Governer-General of Pakistan. Pandit Jawaharlal Nehru became the prime
minister of India, while Liaqat Ali Khan became his Pakistani counterpart.

5. IMPACT OF INDIAN INDEPENDENCE ACT 1947

The Indian Independence Act 1947 had a profound impact on the Indian subcontinent. Some
of the key impacts of the act include:

1. Partition violence: The partition of India led to widespread violence and

displacement. Millions of people were killed or forced to flee their homes, and the
scars of this violence continue to be felt to this day.
2. Political instability: The new nations of India and Pakistan were plagued by political
instability in the years following their independence. The partition had created a
number of unresolved territorial disputes, and the two nations were engaged in a bitter
rivalry that persists to this day.
3. Economic development: The Indian and Pakistani governments faced significant
challenges in developing their economies in the aftermath of independence. Both
nations were grappling with poverty, illiteracy, and inadequate infrastructure.
4. International relations: The partition of India had a significant impact on
international relations. India and Pakistan became important players in the Cold War,
and their rivalry has had a profound impact on the politics of South Asia.

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 5. DEVELOPMENT AFTER THE ACT

There were several developments after the transfer of power by the Independence Act. The
Indian Constituent Assembly drafted the Indian Constitution in 1949 which finally got into
effect on January 26, 1950, declaring India a republic. Pakistan, on the other hand, officially
became a republic on March 23, 1956.

The integration of princely states was a major problem. However, most of the princely states
signed the instrument of accession to one of the dominions. Most princely states chose their
dominion based on geography. For instance, states on the Indian side of the border mainly
chose to accede to India. Sardar Vallabhbhai Patel played a major role in these accessions on
the Indian side. However, the issue of Kashmir has still remained a thorn in Indo-Pak
relations. The two countries have been involved in several armed conflicts on this issue. One
of them was immediately after independence in 1947. Based on the ceasefire declared by the
United Nations, both the states have retained control of the territories of Kashmir held by
them at the time of the ceasefire.

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 CONCLUSION

The Indian Independence Act paved the way for the independence of the states of India and
Pakistan. The British Crown completely transferred the power to the newly formed states.
The suzerainty of the British was abolished. However, it was accompanied by the violent
partition, which remains one of the largest forced migrations in the history of the world, in
which millions perished.

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 REFERENCES

1. The Indian Independence Act, 1947:

https://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf

2. Freedom at Midnight by Larry Collins and Dominique Lapierre

3. India's Struggle for Independence by Bipan Chandra

4. The Partition of India by Ian Talbot and Gurharpal Singh

5. The Making of India: A Historical Survey by Ranjit Guha

6. The Origins of the Partition of India, 1936-1947 by Anita Inder Singh

7. The Transfer of Power in India by V.P. Menon

8. India Since Independence by Bipan Chandra, Mridula Mukherjee, and Aditya

Mukherjee

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