Significance of Indian Independence Act 1947

On the basis of Mountbatten Plan, the British government was anxious to transfer power. The Indian Independence Bill was introduced in British Parliament on July 4 1947. The Act did not provide for any new Constitution of India. The Act provided for partition of India and the establishment of the two Dominion (India and Pakistan).

The formal transfer of power into Indian hands was affected by the Indian independence Act. The Bill was introduced on the House of Commons and within a short span of a fortnight it was passed by both the Houses of the British Parliament. Lord Mountbatten, the viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and Muslim League. Immediate effect was given to the plan by enacting the Indian Independence Act.

Provisions of the Act

The main provisions of the Act were as follows –

• The act provided for the end of the British Rule in India on 15 August 1947 and the establishment of two Dominions of India and Pakistan. The two Dominions were given the right to secede from the British Commonwealth.
• The Act abolished the office of the secretary of State for India and transferred his functions to the secretary of state for commonwealth Affairs.
• It provided for the appointment of the Governor-General in each of the Dominions. The Governor-General was to be appointed by the British King on the advice of the cabinet of the concerned Dominion.
• Governor-General and the Governors of the provinces were expected to Act on the advice of the ministers in all matters, including those matters where they could exercise their special and discretionary powers. Thus they were reduced to the position of constitutional heads.
• The Act deprived the Monarch of the right to Veto laws or to ask for reservation of certain laws for his approval. However, this right was reserved for the Governor-General.
• The British king was to drop the title of the Emperor of India.
• With the creation of the Dominions of India and Pakistan the appointment of civil services and reservations of seats by the secretary of state was discontinued.
• The British Government was to transfer all the powers to the Constituent Assemblies of the two Dominions. No Act of the British parliament could be extended to any Dominion unless it was adopted by the Legislature of the respective Country as part of its laws.
• Till a new constitution was framed by each Dominion, all the provinces were to be administered in accordance with the provisions of the Government of India Act 1935.
• The severity of the crown over the Indian states as well as regard to the tribal areas came to an end with effect from 15 August 1947.

Significance

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 Paramouncy 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 a free India.