Indian Independence Act 1947

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HIS104- EMERGENCE OF

BANGLADESH
•United Bengal Scheme
•Indian Independence Act of 1947
•The Partition of Bengal
Proposals Pushed by British Government
before The Indian Independence Act-1947
August Offer-
1940

Cripps Wavell Plan-


Mission-1942 1945

Cabinet
Mount Batten
Mission Plan-
Plan-1947
1946
ROAD TO INDEPENDENCE
August Offer-1940

Cripps Mission-
Wavell Plan-1945
1942

Cabinet Mission
Mount Batten
Plan-1946 Plan-1947

INDIAN INDEPENDENCE ACT-1947


August Offer-1940

To get Indian cooperation in the war effort, the viceroy announced the August
Offer (August 1940) which proposed:

i. Dominion status as the objective for India. ( “atunomous communities within


the british empire, equal in status….unified by a comon allegiance to the
crown” Imperial conference held in london in 1926 )
Antigua and Barbuda, Australia,
The Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New
Zealand,Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint
Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United
Kingdom.
ii. Expansion of viceroy’s executive council.
iii. Setting up of a constituent assembly after the war where mainly Indians
would decide the constitution according to their social, economic and political
conceptions, subject to fulfillment of the obligation of the Government
regarding defence, minority rights, treaties with states, all India services.
iv. No future constitution to be adopted without the consent of minorities.
Viceroy’s Executive Council
Viceroy
and GG Home-

Finance Revenue

Law Military

Public
Works-1869
Cripps Mission

Why Cripps Mission was sent:


i. Because of the reverses suffered by Britain in
South-East Asia, the Japanese threat to invade India
seemed real now ‘and Indian support became
crucial.
ii. There was pressure on Britain from the Allies
(USA, USSR, and China) to seek Indian
cooperation.
iii. Indian nationalists had agreed to support the
Allied cause if substantial power was transferred
immediately and complete independence given after
the war.
The main proposals of the mission were as follows:

1. An Indian Union with a dominion status; would be set up; it would


be free to decide its relations with the Commonwealth and free to
participate in the United Nations and other international bodies.
2. After the end of the war, a constituent assembly would be convened
to frame a new constitution. Members of this assembly would be
partly elected by the provincial assemblies through proportional
representation and partly nominated by the princes.
3. The British Government would accept the new constitution subject
to two conditions.
(i) any province not willing to join the Union could have a separate
constitution and form a separate Union, and (ii) the new constitution-
making body and the British Government would negotiate a treaty to
effect the transfer of power and to safeguard racial and religious
minorities.
4. In the meantime, defence of India would remain in British hands
and the governor-general’s powers would remain intact.
Departures from the Past and Implications:

The proposals differed from those offered in the past in


many respects:
i. The making of the constitution was to be solely in
Indian hands now (and not “mainly” in Indian hands—as
contained in the August Offer).
ii. A concrete plan was provided for the constituent
assembly.
iii. Option was available to any province to have a
separate constitution—a blueprint for India’s partition.
iv. Free India could withdraw from the Commonwealth.
v. Indians were allowed a large share in the administration
in the interim period.
Wavell Plan-1945
If all the Indian political parties would help the British in the
war then the British Government would introduce
Constitutional Reforms in India after the war.
Viceroy’s Executive Council would be immediately
reconstituted and the number of its members would be
increased.
In that Council there would be equal representation of high
class Hindus and the Muslims.
Other minorities including low-caste Hindus, Shudders and
Sikhs would be given representation in the Council.
All the members of the Council, except the Viceroy and the
Commander-in-Chief would be Indians.
An Indian would be appointed as the member of Foreign
Affairs in the Council. However, a British Commissioner
would be appointed to look after the matters relating to the
trade.
Defence of India was to be in the hands of a British
authority till Power was transferred to the Indian hands
Viceroy would convene a meeting of the Indian
politician including the leaders of Congress and the
Muslim League so that they could nominate the names
of the members of the new Council.
If this plan is approved for the Central Government then
same type of popular ministries comprising of the
political leaders would be formed in all the provinces.
In order to discuss the proposal with the Indian leaders,
Wavell summoned a conference in Simla on June 25,
1945.
Cabinet Mission

Lord Pethick-Lawrence, the 
Secretary of State for India, 
Sir Stafford Cripps, President of the 
Board of Trade, and A. V. Alexander, the 
Cabinet Mission Plan-1946
• Cabinet Mission of March 1946, sent by the British government, in
which the subject was the form of a post-independent India.
• The three men who constituted the mission, Stafford Cripps, Pethick-
Lawrence and A.V. Alexander favoured India's unity for strategic
reasons.
Upon arriving in the subcontinent the mission found both parties, the
Indian National Congress and Muslim League, more unwilling than
ever to reach a settlement.
The two parties had performed well in the elections and had emerged
as the two main parties in the subcontinent, the provincial
organisations having been defeated. This was due to the separate
electorates system.
The Muslim League had been victorious in approximately 90 percent
of the seats for Muslims. After having achieved victory in the
elections Jinnah gained a strong hand to bargain with the British and
Congress.
Having established the separate electorates system themselves the
British could no longer reverse its consequences in spite of their
genuine commitment to Indian unity.
The Plan
 The mission proposed a complicated system for India with three
tiers: the provinces, provincial groupings and the centre. 
 The centre's power was to be confined to foreign affairs,
defence, currency and communications. The provinces would keep
all the other powers and were allowed to establish three groups.
 The plan's main characteristic was the grouping of provinces.
 Two groups would be constituted by the mainly Muslim western
and eastern provinces.
 The third group would comprise the mostly Hindu areas in the
south and the centre, such as UP, CP, Bombay, Bihar and Madras.
 Group B would comprise Sind, Punjab, Northwest Frontier and
Baluchistan.
 Bengal and Assam would make up Group C.
Mountbatten Plan-1947

• India to be divided into India and Pakistan.


• Bengal and Punjab will be partitioned and a referendum in NEFP
(North-East Frontier Province) and Sylhet district of Assam would
be held.
• There would be a separate constituent assembly for Pakistan to
frame its constitution.
• The Princely states would enjoy the liberty to join either India or
Pakistan or ever remain independent.
• August 15, 1947, was date fixed for handling over power to India
and Pakistan.
• The British Government passed the Indian Independence Act of
1947 in July 1947, which contained the major provisions put
forward by the Mountbatten plan.
 
A NEW ERA-INDIAN
INDEPENDENCE ACT
The Indian Independence Act-1947
The ‘Parliament of the United Kingdom’ passed the
‘Indian Independence Act’ 1947, which was sanctioned by
the British crown on July 18, 1947. The act was one of the
final formalities that had to be completed before the
inevitable split of British India, which would give rise to
Pakistan on August 14 and to the dominion of India on
August 15. The act was the direct result of the ‘3rd June
Plan,’ which was proposed by Lord Mountbatten.
According to what was also known as the ‘Mountbatten
Plan,’ the British Government was in accordance with the
partition of British India and that the two governments
thereafter would be granted dominion status.
Provisions of the Indian Independence Act, 1947
Key Provisions in the ‘Indian Independence Act’ 1947.
The Birth of Two Nation Sates-The first provision stated that British
India will be divided into two fully sovereign dominions of Pakistan
and India and that the newly formed dominions can form their own
government with effect from August 15, 1947.
In Regard to Bengal and Panjub-The second provision stated that
the provinces of Bengal and Punjab will be divided between the two
newly created countries. It also indicated that Western Punjab, Eastern
Bengal, North-West Frontier Province, and Sindh would be given to
Pakistan.
Office of the Governor General: It stated that the office of the
Governor-General will be established in the newly formed countries.
It also stated that it was not mandatory for India or Pakistan to
become a member of the ‘British Commonwealth of Nations,’ but the
Governor-General will be assigned the responsibility of being the
representative of the Crown in both the nations. He will be the Head
of State.
Continued.
In Regard to Legislative Authority-According to the
fourth provision, complete legislative authority will be
conferred upon the respective Constituent Assemblies of
both the newly created countries.
In Regard to Princely States-The fifth provision was the
most important provision for the Princely States of India
and Pakistan as it decided the fate of the Princely States.
According to the provision, British suzerainty would be
terminated over the princely states on August 15, 1947. It
further added that the British government recognizes the
rights and free will of the princely states to either join one
of the two new dominions or remain independent if they
wish to run their own government.
Continued. 2
Abolition of the Post of ‘India Secretary’
Appointment of Governor
Limitation of the Power of GG and Governor
The Abolition of Crown’s Title- The next
provision stated that the British monarch can no
longer use the title the ‘Emperor of India.’ On
June 22, 1948, King George VI announced his
royal proclamation, which said that no British
monarch can be conferred with the title ‘Emperor
of India’ with effect from June 22, 1948.
Apart from the six most important provisions of
the act, there were other provisions too, which
were made to tackle other prominent obstacles,
including the division of joint property between
India and Pakistan. The joint property included
the armed forces of the British India, which was
later divided according to the provision. The
provision also stated that the members of the
armed forces would continue to enjoy the same
rights and privileges pertaining to their
remuneration, pension, etc.
Salient Features of The Act.
A set of laws and regulations were written down in order to make sure
the newly created countries do not face any confusion with regards to
the demarcation of territories. While the first and foremost salient
feature of the ‘Indian Independence Act’ 1947 is about the creation of
two new dominions, it should also be noted that the creation of new
dominions was in accordance with the desires of Hindus and Muslims
to rule themselves by forming self-governments.
After zeroing in on August 15, 1947 as the designated date for the
partition, the act then addressed the demarcation of territories. In order
to create Pakistan, Bengal had to be divided, which marked the end of
the province as constituted under the 1935 ‘Government of India Act.’
While dividing Bengal, the fate of Sylhet was left to hang in the
balance as it was decided that decision pertaining to the constituent of
Assam will be made in a referendum later.
Similarly, the fate of North West Frontier Province too was
left to hang in the balance. While dividing the Punjab, it
was stated that Punjab as constituted under the 1935
‘Government of India Act’ no longer exist. Instead, two new
provinces, namely East Punjab and West Punjab were to be
created.
Another important feature of the act was the appointment of
a new commission called the ‘Boundary Commission.’ The
commission, which was to be appointed by the Governor
General, would be responsible in creating boundaries of the
newly created nations. This feature was the basis of what
was later known as ‘Radcliffe Boundary Commissions’ as it
was headed by Sir Cyril Radcliffe.

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