Indian Independence Act, 1947

The Indian Independence Act was passed by the British parliament on July 5, 1947. It effectively
ended British rule over India. The country was partitioned into India and Pakistan. The act also
repealed the use of the title ‘Emperor of India’ by the British Crown. A plan was formulated to
split the British Indian colonies into India and Pakistan by Viceroy of India Lord Louis
Mountbatten and Prime Minister of Britain Clement Attlee on June 3, 1947, after consultations
with the main stakeholders — Indian National Congress, the Muslim League and representatives
of the Sikh community. It terminated British suzerainty over Indian affairs. 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.

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. However, the coming
years witnessed growing Indian resistance against British occupation. 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.

Salient features of Indian Independence Act 1947 are:

• It declared India as an independent and sovereign state

• It provided for partition of India and creation of two new dominions- India and Pakistan
• It abolished the position of secretary of state for India
• It abolished the office of viceroy and provided for each dominion, a governor-general,
who was to be appointed by the British King on the advice of the dominion cabinet
• It empowered the constituent assemblies of the two dominions to frame and adopt any
constitution for their respective nations and to repeal any act of the British parliament,
including the independence act itself
• The constituent assemblies were empowered to legislate for their respective dominions
till the new constitutions were drafted and enforced
• It granted the princely states the freedom to join either of the dominions or to remain
independent
• Governance of each dominion was to be conducted based on the provisions of the GoI
act, 1935
• British monarch could no longer ask for bills or veto them. However, this was reserved
for Governor-General.
 • Governor-General of the dominions were made to act on the aid and advise of the council

Evaluation of the features of act: -It was a hastened act- the lack of clarity on the border still
has its repercussions today with constant tussle between India and Pakistan. The same is the case
with border on Chinese side. Jammu and Kashmir has been the bone of contention even today.
Another unforeseen consequence of Partition was that Pakistan’s population ended up more
religiously homogeneous than originally anticipated which led to rise in communal feeling. Also
Indian Muslims are frequently suspected of harboring loyalties towards Pakistan which has led to
unnecessary inflated bigotry.

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. Seven decades on, well over a billion people still live in the shadow of Partition. Thus,
post-partition fragmented identities strengthened and much celebrated value of tolerance and
acceptance appears to have weakened disturbing social harmony in the country. Exploitation of
religious sentiments for political gains has further polarized the society.