DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

HISTORY PROJECT

TOPIC- SIGNIFICANCE OF INDEPENDENCE ACT OF 147

Submitted by: Submitted to:

Aryan Yadav Dr. Vandana Singh,
220101048 Associate Professor(History)
BA-LLB Dr. Ram Manohar Lohiya
3rd Semester (Sec “A”) National Law University,Lucknow

1
 TABLE OF CONTENT

1. INTRODUCTION ...............................................................................................
1.1 LITERATURE REVIEW………………………………………………...
1.2 RESEARCH OBJECTIVE……………………………………………….
1.3 RESEARCH METHODOLOGY ........................................
1.4 RESEARCH QUESTIONS …………………………………….......
2. SITUATION OF THE NATION PRE 1947 ....................................................
3. CIRCUMSTANCES THAT LED TO THE EMERGENCE OF INDIAN
INDEPENDENCE ACT, 1947 .........................................................................
4. EFFECT OF THE INDIAN INDEPENDENCE ACT 1947….………. . ....

5. SIGNIFICANCE OF THE ACT.......................................................................

6. CONCLUSION……………………………………………………………….

2
 INTRODUCTION

India Independence Act 1947 was an Act passed by the Parliament of the United Kingdom
(UK) – it was the one that divided the then India into India and Pakistan, two independent
countries. It received the assent of the royal family on July 18, 1947. This saw India and
Pakistan both gain independence on 15 August. However, since it was necessary for Lord
Mountbatten, the then Viceroy of undivided India, to be present in order for the power to be

transferred, and Pakistan’s day of independence was brought forward by a day on August 14.
This enabled Lord Mountbatten to be present at the both the ceremonies.1

Once the whole partition scheme was agreed by major political parties, stage was set for
introducing Independence Bill in the House of Commons, which was introduced on July 4,

1947. This was the culmination of India’s struggle against colonialism and imperialism.

It was also the victory of communal forces in our national struggle, because the Act provided
for the partition of India and formation of an independent and sovereign state of Pakistan. It
was also the victory of forces which followed the policy of ‘Divide and Rule’ on the one
hand and ‘Divide and Quit’ on the other.

The Act established that by deliberate maneuvering a ruling party with the co-operation of
minority could veto very effectively the will and wishes of even a strong majority, on one
pretext or the other. The Act of 1947 was not a constitution in any manner or even did not
provide for any constitution on broad basis. On the other hand, it was an Act which enabled
the British government to withdraw from India.2

The Act brought India on the threshold of new era where both the Dominions were to share
their own responsibilities without any super power patronage. Lord Attlee said in the House
of Commons that, “It is the culminating point in a long course of events.” Dawn which
represented Muslim view point in those difficult days called it as “momentus and unique
piece of legislation”.

1
Samudranil, What was the Indian Independence Act of 1947?, The Maps of India, 19th Apr 2019 8:41 pm,
https://www.mapsofindia.com/my-india/india/what-was-the-indian-independence-act-othf-1947
2
Shubhangi R, Notes on Indian Independence Act of 1947, Political Science Notes, 19 Apr 2019 8:56 pm,
http://www.politicalsciencenotes.com/articles/notes-on-indian-independence-act-of-1947/896

3
Lord Samuel called it as “a teaty of peace without war ”. The Hindustan Times characterized
it as the noblest and the greatest law ever enacted by British Parliament. Dr. Rajendra Prasad
in his India Divided says, “The period of domination of British over India ends today and our
relationship with Britain is henceforth going to rest on a basis of equality, of mutual goodwill
and mutual profit.”

1.1 LITERATURE REVIEW

Sekhar Bandopandhya’s From Plassey to Partition

The Battle of Plassey is said to be one the pivotal point in deciding the fate of India as the
battle proved East India company as victorious and displayed the weakness and lack of unity
among Indian rulers. Thus this decisive battle established colonial power over Indian
subcontinent.

The book demonstrates that History of Modern India starts with the disintegration and

breakdown of the Mughal Empire and the equivalent rise of the British Empire in the Indian
subcontinent. The book explains the mindset of the Indians under the British Rule and their
tough fight for their freedom. It also provides the clear sketch about the freedom which is
gained after rising of 1857. The book is exclusive in its approach towards showcasing the
problems of Indians under the British rule. It gives elaborate explanation of their conflicts,
cultural and social changes, their fight for freedom and the reception and adjustment to
modernization brought in by the foreign rulers. The book is appropriate for both history
students and involved readers, owing to its detailed presentation of the historical facts and
events of that time period. You can get this book easily on Amazon India.

V.D.KULSHRESHTHA'S LANDMARKS IN INDIAN LEGAL & CONSTITUTIONAL

HISTORY , 11th Edition 2016

His classical and popular work, which is a comprehensive treatise on Legal and
Constitutional History of India, has been thoroughly revised and updated. Analysis of recent
legal developments and a lucid account of the important phases in the development of legal
system in India are the highlights of the book. The book also contains a comprehensive list of
Constitution Bench decisions of the Supreme Court.

Further, the revising author has systematically arranged and rewritten many parts of this

book, expanding on pre-existing topics, and has also emphasized on the challenges faced by
our country. The book will prove to be immensely useful to law students, researchers,

4
academicians and all those who want to have a better understanding of the Indian legal and
constitutional history.

Free additional learning resources: EBC Explorer™ (www.e bcexplorer.com)

provides Free Online access to important cases, indicated by Case Pilot™, articles, useful

links related to the topics discussed in the book, updates, a discussion forum, and a host of
other learning resources.

R a o R S , L e c t u r e s o n H i s t or y of C o u r ts , L e g i s l a tu r e s & L e g a l
Profession (Asia Law House 2016)

The book by DR Rega Surya Rao has a comprehensive analysis of the Judicial system in
India from the Advent of the East India Company in 1600 to the Years of Independence. The
book contains all the plans, Charters and all the various reforms that were brought about by

the British as well as afterwards. It provides the reader with a short but detailed study of what

the system of judicature in India prior to Independence were and also about various acts like
Indian independence act 1947

1.2 RESEARCH OBJECTIVE

1. To know the situation of the nation pre 1947

2. To understand the circumstances which led to the emergence of Indian Independence

Act, 1947
3. To know the Act and its Provisions
4. To understand the significance of the Act

1.3 RESEARCH QUESTIONS

1. What were the circumstances that led to the emergence of the Indian Independence
Act 1947?
2. What is The Indian Independence Act and what were its effects?

3. What is the significance of Indian Independence Act 1947?

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1.4 RESEARCH METHODOLOGY

The doctrinal method has been used for the purpose for this research. It is
essentially a library based research where the researcher gathers the necessary
knowledge and information from books and journals available in various libraries
and online databases available on the internet.

We have gone through the various books and journal articles pertinent to the
topic available in our library. Moreover we have referred to various online
databases and reliable websites in the internet which added to our understanding
of the topic .All these sources have helped to formulate our objectives and
research questions which formed the basic framework of our study.

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 SITUATION OF THE NATION PRE 1947

Before 1947, India was divided into two main entities – The British India which consisted of
11 provinces and the Princely states ruled by Indian princes under subsidiary alliance policy.
The two entities merged together to form the Indian Union, but many of the legacy systems in
British India is followed even now. The historical underpinnings and evolution of the India
Constitution can be traced to many regulations and acts passed before Indian Independence.

Some of the Important acts in Indian before Independence (August 15th) 1947 are as follows:

Regulating Act of 1773

The first step was taken by the British Parliament to control and regulate the affairs of
the East India Company in India.

It designated the Governor of Bengal (Fort William) as the Governor-General (of

Bengal).

Warren Hastings became the first Governor-General of Bengal.

Executive Council of the Governor-General was established (Four members). There
was no separate legislative council.
It subordinated the Governors of Bombay and Madras to the Governor-General of
Bengal.
The Supreme Court was established at Fort William (Calcutta) as the Apex Court in
1774.

It prohibited servants of the company from engaging in any private trade or accepting
bribes from the natives.
Court of Directors (the governing body of the company) should report its revenue.3

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the company.

3
Historical background of Indian Constitution, Clear IAS, 19th Apr 2019 4:23 pm,
https://www.clearias.com/historical-background-of-indian-constitution/

7
 Court of Directors for Commercial functions and Board of Control for political
affairs.
Reduced the strength of the Governor General’s council to three members.

Placed the Indian affairs under the direct control of the British Government.
The company’s territories in India were called “the British possession in India”.
Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

The Company’s monopoly over Indian trade terminated; Trade with India open
to all British subjects.

Charter Act of 1833

Governor-General (of Bengal) became as the Governor-General of India.

First Governor-General of India was Lord William Bentick.
This was the final step towards centralization in the British India.

Beginning of a Central legislature for India as the act also took away legislative
powers of Bombay and Madras provinces.

The Act ended the activities of the East India Company as a commercial body and it
became a purely administrative body.

Charter Act of 1853

The legislative and executive functions of the Governor-General’s Council were

separated.
6 members in Central legislative council. Four out of six members were appointed by
the provisional governments of Madras, Bombay, Bengal and Agra.

8
 It introduced a system of open competition as the basis for the recruitment of civil
servants of the Company (Indian Civil Service opened for all).4

Government of India Act of 1858

The rule of Company was replaced by the rule of the Crown in India.

The powers of the British Crown were to be exercised by the Secretary of State for
India

He was assisted by the Council of India, having 15 members

He was vested with complete authority and control over the Indian administration
through the Viceroy as his agent

The Governor-General was made the Viceroy of India.

Lord Canning was the first Viceroy of India.

Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

It introduced for the first time Indian representation in the institutions like Viceroy’s
executive legislative council (non-official). 3 Indians entered Legislative council.

Legislative councils were established in Center and provinces.

It provided that the Viceroy’s Executive Council should have some Indians as the
non-official members while transacting the legislative businesses.
It accorded statutory recognition to the portfolio system.

Initiated the process of decentralization by restoring the legislative powers to the

Bombay and the Madras Provinces.

India Council Act of 1892

Introduced indirect elections (nomination).

Enlarged the size of the legislative councils.

4
Team, Important Acts in India before Independence, Edugeneral, 19th Apr 2019 6:15 pm,
https://edugeneral.org/blog/history/important-acts-in-india-before-independence/

9
 Enlarged the functions of the Legislative Councils and gave them the power of
discussing the Budget and addressing questions to the Executive.

Indian Councils Act of 1909

This Act is also known as the Morley- Minto Reforms.

Direct elections to legislative councils; first attempt at introducing a representative

and popular element.

It changed the name of the Central Legislative Council to the Imperial Legislative
Council.

The member of Central Legislative Council was increased to 60 from 16.

Introduced a system of communal representation for Muslims by accepting the

concept of ‘separate electorate’.
Indians for the first time in Viceroys executive council. (Satyendra Prasad Sinha, as
the law member)5

Government of India Act of 1919

This Act is also known as the Montague-Chelmsford Reforms.

The Central subjects were demarcated and separated from those of the Provincial
subjects.
The scheme of dual governance, ‘ Diarchy’, was introduced in the Provincial subjects.
Under diarchy system, the provincial subjects were divided into two parts –

transferred and reserved. On reserved subjects, Governor was not responsible to the
Legislative council.
The Act introduced, for the first time, bicameralism at center.

Legislative Assembly with 140 members and Legislative council with 60 members.

Direct elections.
The Act also required that the three of the si x members of the Viceroy’s Executive
Council (other than Commander-in-Chief) were to be Indians.

Provided for the establishment of Public Service Commission.

5
Historical background of Indian Constitution, Clear IAS, 19th Apr 2019 4:23 pm,
https://www.clearias.com/historical-background-of-indian-constitution/

10
Government of India Act of 1935

The Act provided for the establishment of an All-India Federation consisting of the
Provinces and the Princely States as units, though the envisaged federation never

came into being.

Three Lists: The Act divided the powers between the Centre and the units into items
of three lists, namely the Federal List, the Provincial List and the Concurrent List.

The Federal List for the Centre consisted of 59 items, the Provincial List for the
provinces consisted of 54 items and the Concurrent List for both consisted of 36 items

The residuary powers were vested with the Governor-General.

The Act abolished the Diarchy in the Provinces and introduced ‘Provincial
Autonomy’.
It provided for the adoption of Diarchy at the Centre.

Introduced bicameralism in 6 out of 11 Provinces.

These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United
Province.

Provided for the establishment of Federal Court.

Abolished the Council of India. 6

These are some of the acts that were present in India before the Indian Independence Act of
1947. They were the ones which brought a lot of changes in the situation of India at there
time. There were many other acts also but these are the ones which are significant ones, i.e.,
the ones which brought major changes.

6
Team, Important Acts in India before Independence, Edu general, 19th Apr 2019 7:15 pm,
https://edugeneral.org/blog/history/important-acts-in-india-before-independence/

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 CIRCUMSTANCES THAT LED TO THE EMERGENCE OF INDIAN
INDEPENDENCE ACT 1947

The Indian Independence Act, which was based on the Mountbatten plan of June 3, was
passed by the British parliament on July 5, 1947 and received royal assent or approval on
July 18, 1947.

After an extensive and almost a century-long freedom movement, the British were finally
convinced that the government and the ruling authority had to be passed on to Indian hands.
On February 20, 1947, the British House of Commons had declared their intention of
abandoning the authority over the Indian sub-continent.

The then-British Prime Minister Clement Attlee announced that Lord Mountbatten will be
sent to make the final arrangements to transfer the power. Mountbatten arrived in India with a
colossal task at hand. He was particularly instructed to pass on the authority with minimal
damage to the British reputation. The House of Commons and Prime Minister Attlee had
given him a time window of one year to follow the proper procedure of handing over a united
India. Mountbatten was granted "plenipotentiary powers" or "discretionary powers" that were
far superior than what the previous viceroys of India had.

Upon his arrival in India, Mountbatten concluded that the situation was too volatile for a
gradual transfer of Independence. After completing his own calculations and meetings with
the prominent leaders of the Indian Freedom movement, he presented his plan of transferring
independence on June 3, 1947. The Mountbatten Plan or 3 June Plan was supposed to have a
quick execution. He believed that the partition of India and the creation of Pakistan couldn't

be avoided.

In the words of Michael Brecher,

The independence of India was the natural and inevitable outcome of the process of creating
natural consciousness and common purpose, accompanied by Raj, unconsciously and
common purpose, accompanied by Raj, unconsciously and by the Congress consciously, over
an extended period of time. In this sense, the British Raj contained within itself the seed of its
own destruction.7

7 Micheal Brecher, Nehru: A Political Biography,373

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In the evening of June 3, Mountbatten broadcasted over the All-India Radio. He explained the
cause of partition saying, "To my great regret it has been impossible to obtain agreement
either on the Cabinet Mission Plan, or any plan that would preserve the unity of India. But
there can be no question of coercing any large areas in which one community has a majority
to live against their will under a government in which another community has a majority.

And the only alternative to coercion is partition."8

The Mountbatten Plan was accepted by both Nehru and Jinnah and shortly after the approval,
the House of Commons enacted the Indian Independence Act of 1947, which received the
royal assent on July 18 in 1947.

8
All about the Indian Independence Act that partitioned the country, India today, 29 Apr 2019 8:10 pm,
https://www.indiatoday.in/education-today/gk-current-affairs/story/indian-independence-act-329774

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 INDIAN INDEPENDENCE ACT 1947

The Government of India continued to be constituted till the 14th 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 center 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." The two Dominions were free and
equal of no as; status than the United Kingdom or the Dominion of Canada, completely free
in all respects from any control but united by a common allegiance to the sovereign and by a
community of ideas, receiving from their membership of the Commonwealth great
advantages but in no way suffering any restriction, ' The Governor General of each Dominion
was-to be appointed by the King, a full power legislature was instituted in each of the
Dominions. The Governor General of each of the Dominions was to assent in His Maj esty’s
name to laws passed by the Dominion Legislature. Section 4. of the Statute of West Minister
provided as follows no act of Parliament of the United Kingdom passed after the
commencement of this Act shall extend or be deemed to -extend to a Dominion as a part of
law of that Dominion unless it is expressly declared in that Act that the Dominion has
requested and consented to the enactment thereof.” Under the Indian Independence Act, an
Act of Parliament of the United Kingdom could extend to either of the new Dominions only
if it was extended thereto by an Act of the Legislature of the Dominion concerned. Sub
Section 4 of Section 6 of the Indian Independence Act gave the Legislatures of the New
Dominions greater power than what was provided for in Section 4 of the Statute of West
Minister. Sub-Sections (2), (4) and (5) of Section 6 of the Act removed "every possible
elements of subordination to or dependence on the Parliament of the United Kingdom. From

14
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 basic constitution of India, it was however granted that the Governor General as
also the Governors could 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 the power to modify or adopt the Government of India Act 1955, 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, Section 9 of the Act empowered the G.G.
for bringing the provisions of the Act, The formal and final termination of British rule in

India and the inauguration of the Republic of India on 26th January 1950 as 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 center 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.

The main provisions of Indian Independence Act, 1947 were as

under: (a) The British government will leave India on 15th August, 1947.

(b) India will be divided into two sovereign states of India and Pakistan and both these states
will become sovereign on this very day.9

(c) The powers previously exercised by the British government in India will be transferred to

both these states.

(d) Punjab and Bengal will be divided and its territories will be demarcated by a boundary

commission to be headed by Mr. Redcliff.

9 Rao RS, Lectures on History of Courts, Legislatures & Legal Profession (Asia Law House 2016)

15
16
(e) Office of the Secretary of State for India will be abolished.

(f) Provision was made for the Governor-General for each dominion, who was to be
appointed by the Queen of England on the advice of the Dominion government. He was not
to act in his individual judgment or discretion but will act merely as constitutional head of the
state.

(g) Each Dominion was to have a sovereign legislature for rule making purpose. No law

made by British Parliament was automatically to apply to India.

(h) A bill passed by the Dominions legislature could not be disallowed by His Majesty.

(i) Both the Dominions will have their own Constituent Assemblies, which will act as their

legislatures as well.

(j) Till such time as the Constitution was framed by the Constituent Assembly in any

Dominion, it will work as near the Act of 1935 as possible.

(k) Governors of the Provinces were to act as constitutional heads of the provinces.

(l) Reservation of posts for Secretary of State was to discontinue. Those civil service

personnel who wanted to resign after transfer of power to both the dominions were to be
allowed to do so.

(m) Paramountcy of Britain over Indian states and tribal areas was to come to an end on 15th

August, 1947. In their case power was not to be transferred to dominions, but it was left to
the states to decide whether they would like to join India or Pakistan.

(n) Relations of the British government with India henceforth were to be conducted through

Commonwealth Relations Office.

(o) The King of England was to drop the title of King Emperor of India.

(p) The territories of Pakistan were to include Eastern Bengal, Western Pakistan, Sindh and

British Baluchistan. In case the people of NWFP in a referendum decide to join Pakistan that
territory will also join Pakistan.

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Lord Samuel called it as “a treaty of peace without war”. The Hindustan Times
characterised it as the noblest and the greatest law ever enacted by British Parliament. Dr.
Rajendra Prasad in his India Divided says, “The period of domination of British over India
ends today and our relationship with Britain is henceforth going to rest on a basis of equality,
of mutual goodwill and mutual profit.

Of course, the Act provided for the freedom of India and the struggle of our freedom-fighters
bore fruit but it was quite unfortunate that the people of both the Dominions had to undergo
untold sufferings and miseries after the partition of the country. It was a period in which
inhuman and un-human acts were committed in the name of religion. Life, respect and
property of none else but the goondas was safe.

All the crimes which religion forbade were committed to glorify that. Not only this, but the
scheme was deliberately made mischievous insofar as Indian states were concerned. It
needed a person of will, determination and far-sightedness of Sardar Patel who could undo
the mischief and knit them in the fabric of one polity and merge them with Indian Union.

18
 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
under his Majesty 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. Section 7(1)(a) of the

Indian Independence Act states” His Majesty’s Government in the United Kingdom have no
responsibility as respects the Government of the territories included in British India.” 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 net 1947, India ceased to derive any sanction or authority for the
Federation or Units.

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 case might be 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 Governor General and the' Governor was deprived of
the extraordinary powers of legislation in respect of proclamations, ordinances, power of
certification. The Crown lost its right of veto, and the Governor General ceased to reserve
any hill for the significance of His Majesty’s pleasure. 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.

A new legislature was constituted thereunder and the Constituent Assembly was to act as the'
Central Legislature of the Dominion, under S 8(2) provision of The Independence Act 1947.
The Constituent Assembly of the dominion was to have a dual function - Constituent as well

19
as legislature. There should be a Union of India, embracing both British India and the States,
which should deal with the following subjects: foreign affairs, defense end communications
and should have the powers necessary to rise the finances required for the above subjects.
The Union should have an executive and a legislature constituted from British Indian and
States representatives. Any question raising a major communal issue in the legislature should

require for its decision a majority of the representatives present and voting of each of the two
major communities as well as a majority of all the members present while voting. " All
Subjects other than the Union subjects and all residuary powers should vest in the provinces.
"The States will retain all subjects and powers other than those ceded to the Union.
Provinces should be free to form groups with executives and legislatures, and each group
could determine the provincial subjects to be taken in common. The constitutions of the
Union aid of the groups should contain a provision whereby any province could, by a
majority vote of its legislative Assembly, call for a reconsideration of the terms of the
constitution after an initial period of ten years and at ten-yearly intervals thereafter. Tie

intention of the cabinet mission was to set in motion a Constituent Assembly-the machinery
thereby a constitution could be settled by Indians themselves. The constituent Assembly
would, according to the scheme, be elected by the Provincial Legislative Assemblies, adult
suffrage having been ruled out aa it would involve delay in making of the new constitution
seats were allotted to each Province in proportion to its population roughly in the ratio of one
to a million. The provincial allocation of seats was divided between the said communities in
each province in proportion to their population. The representatives allotted to each
community in a Province were to be elected by the members of that community in its
Legislative Assembly for these purposes three main communities - Muslim, Sikh and the

General. The ’General’ community included all those who were neither Muslim nor Sikh.

20
21
 SIGNIFICANCE OF THE ACT

The enactment of the Indian Independence Act 1947 was an event of great constitutional
significance. As Attlee put it was “the fulfilment of the British mission” in India, the
“Culminating point in a long course of events Similarly Lord Samuel described the Act, in
the House of Lords, as “a treaty of peace without war”. Even the Indian leaders hailed the
enactment of this Act. For example, Dr. Rajendra Prasad said the period of domination of
British over India ends today and our own relationship with Britain is henceforth going to rest
on a basis of equality, or mutual good will and mutual profit. The Act market the beginning
of a new era of free India but a sizeable population of people and leaders were unhappy with
this. As Maulana Abul Kalam Azad had observed ‘the 14th August was for the Muslims of
Pakistan a day of rejoicing. For the Hindus and Sikhs, it was a day of mourning. Again the
termination of the British Paramountcy over the Indian States and the conceding of right to
accede to their Dominion or remain independent, posed a serious threat to the unity of the
Country. Despite these defects, it cannot be denied that the Indian Independence Act of 1947
closed the chapter of British rule in India and ushered the dawn of free India.

22
 CONCLUSION

The main object of the act of 1947 was to give legal effect to the plan of lord Mountbatten .
The Act provided for the freedom of India and the struggle of our freedom-fighters bore fruit
but it was quite unfortunate that the people of both the Dominions had to undergo untold
sufferings and miseries after the partition of the country. It was a period in which inhuman
and un-human acts were committed in the name of religion. Life, respect and property of
none else but the goondas was safe.

All the crimes which religion forbade were committed to glorify that. Not only this, but the
scheme was deliberately made mischievous insofar as Indian states were concerned. Several
acts were introduced during this period by the British which were not just and were unfair
and caused lot of trouble for the Indian people. It needed a person of will, determination and
far-sightedness of Sardar Patel who could undo the mischief and knit them in the fabric of
one polity and merge them with Indian Union.

On the whole, the Act ended the agonies of freedom-fighters and threw upon them the
gigantic task of giving a new constitution to India, which could take the nation on the path of
peace and prosperity and end the poverty of masses. This act held a lot of significance in the
Indian freedom struggle and was an end to the brutal rule by the British. The provisions of the
act put end to the unlimited powers exercised by the British people.

But the hope that after the partition of the country India and Pakistan will live in perfect
harmony proved to be a wishful thinking only. Even after the partition of the country both

nations did not live like good neighbor – thanks to the negative attitude of Pakistan towards
India. Communal harmony could not be perfectly achieved. Despite these defects, it cannot
be denied that the Indian Independence Act of 1947 closed the chapter of British rule in India
and ushered the dawn of free India.

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 BIBLIOGRAPHY

Bandyopadhyay S and Nad ̄ ma Naresa, Palāsi ̄ Se vibhājana Taka: ādhunika Bhārata

́
kā itihāsa(Oriyantạ ̣ Blaikasvô na 2013)
V.D.KULSHRESHTHA'S Landmarks in indian legal and constitutional history 11th
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Rao RS, Lectures on History of Courts, Legislatures & Legal Profession (Asia Law
House 2016)
https://www.clearias.com
https://edugeneral.org
https://www.mapsofindia.com
https://www.indiatoday.in
http://www.politicalsciencenotes.com
http://www.preservearticles.com
https://www.gktoday.in

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