India Independence Act 1947, History, Provision, Impact and Repeal

India Independence Act 1947: The British Parliament passed the Indian Independence Act of 1947, which received royal approval on July 18, 1947. India attained independence by the declaration of royal consent. According to the act, India and Pakistan would both be independent nations as of August 15, 1947, which was designated as the “appointment date” under the Government of India Act, 1935. Both dominions’ founding assemblies were granted the freedom and authority to pick which constitution to draught and adopt.

The 18 July 1947 Act granted the constituent assembly full ability to revoke any act passed by the British Parliament, including the Indian Independence Act 1947. The Indian Constitution was drafted by a committee from August 15th, 1947, to January 26th, 1950. Dr. B.R. Ambedkar, who was then the law minister, was the direct supervisor of the drafting committee.

After careful consideration and discussion of the current form of government, the committee drafted the Indian Constitution. Dr. Rajendra Prasad, the President of India, gave his approval to this draught.

Indian Independence Act 1947

British India was divided into two nations by the Indian Independence Act of 1947: India and Pakistan. The British Parliament passed the Indian Independence Act of 1947, which declared India to be a free and autonomous country. The Indian Independence Act received royal assent on July 18, 1947, and India and Pakistan were formally established on August 15, 1947. The Mountbatten Plan, also known as the Lord Mountbatten Agreement, was a compromise made by the Indian National Congress, the Muslim League, and the Sikh community. This article goes into great detail about the subject “Indian Independence Act 1947,” which is a significant component of the UPSC/IAS Exam Polity and Governance syllabus.

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Indian Independence Act 1947 History

The law was created by Clement Attlee’s Labour administration. It is entirely founded on the Mountbatten Plan, also known as the Third June Plan, which was created after the leaders of the Indian National Congress and the Muslim League accepted the Viceroy Lord Mountbatten’s recommendations. On February 20, 1947, the British Prime Minister announced that British India would receive self-government by June 1948.

The Mountbatten Scheme was another name for this. On June 3, 1947, the British government unveiled their strategy. The 3rd June Plan was put into effect by the Indian Independence Act 1947. The Act decided to grant India and Pakistan freedom beginning on August 15, 1947. The Boundary Committee might draw the new borders of the dominions. Over the princely nations, British suzerainty came to an end. These nations should decide whether to join both Pakistan and India or to maintain their independence. There are plans to combine more than 560 states with India.

The heads of the country will be the various Governor-Generals who may continue to assent laws passed with the help of using Constituent Assemblies in the name of the king until the new dominions’ constitutions become effective. This Act became operative after receiving royal approval on July 18, 1947.

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Indian Independence Act 1947 Provisions

The British government departed India on August 15, 1947. On this day, Pakistan and India become independent nations after being divided into two sovereign provinces. Each of those governments could receive the authority formerly held by the British government in India. A boundary committee led by Mr. Redcliff will divide Punjab and Bengal and determine their border.

There will be a revocation of the Secretary of State for India position. Every territory was to have a Governor-General, who would be chosen by the Queen of England at the request of the Dominion administration. He was not to use his own discretion or judgement; instead, he was to behave in accordance with his constitutional authority.

Each Domain needs its own independent government to make laws. There is no automatic application of any legislation enacted by the British Parliament to India. Each Constituent Assembly in both nations will serve as a legislative assembly as well. The 1935 Act will be followed as closely as feasible until a Constitution is drafted by a Constituent Assembly in a dominion.

The position of Secretary of State should no longer be reserved. After the transfer of power to both dominions, any government employees who desire to resign must do so. On August 15, 1947, British rule over the provinces and tribal areas of India will come to an end. Instead of giving authority to dominions in this situation, the states will be allowed to choose whether or not they want to join Pakistan or India.

From this point forward, the Ministry of Commonwealth Affairs will be in charge of overseeing British policy towards India. The Monarch of England gave up his throne and his position as Emperor of India. East Bengal, West Pakistan, Sindh, and British Baluchistan are all parts of Pakistan. This region will also become a part of Pakistan if the NWFP votes to do so in a referendum.

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Indian Independence Act 1947 Impact

The 1947 Indian Independence Act’s passage had a major impact on constitutional development. It was “the fulfillment of the British mission,” to use Attlee’s phrase, in India, and “the culmination of a long series of events.” Similarly, Lord Samuel referred to the Law as “a peace treaty without conflict” in the House of Lords.”

The passage of this Act was praised by even the Indian authorities. For instance, Dr. Rajendra Prasad stated that the British Empire’s control over India has come to an end today and that we will continue to maintain our relationship with the British on the basis of equality, goodwill, and mutual understanding. The legislation signalled the start of a new era of freedom in India, but many individuals and leaders were not happy with it.

In Pakistan, August 14 is a day of grief for Hindus and Sikhs, as noted by Maulana Abul Kalam Azad. The unity of the states in the Indian Nation is seriously threatened by the end of British control over the Indian states, whether they are admitted to the Dominion or continue to be independent. Despite these flaws, it is indisputable that the Indian Independence Act of 1947 signalled the beginning of a free India and put an end to British control in that country.

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Indian Independence Act 1947 Repeal

The Indian Independence Act was among the acts of parliament that could be repealed by either province under the legislation. Eventually, the Independence Act of 1947 was nullified by India and Pakistan after enacting their respective constitutions. The Indian Independence Act of 1947 was essentially repealed by Section 395 of the Indian Constitution and Section 221 of the Pakistani Constitution of 1956.

India became a republic and lost its position as a dominion after the Indian Constitution was adopted. It’s interesting that the British Parliament hasn’t yet helped the Indian Independence Act of 1947 be repealed. This is done in order to break the chain of laws and make the constitution an autonomous legal document, even though the new constitution lacks the legal authority to repeal laws.

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Indian Independence Act 1947 UPSC

The Indian Independence Act of 1947 was adopted, which was significant for the growth of the constitution. The Indian Independence Act established the legal foundation for India’s and Pakistan’s freedom. The British Crown granted the freshly created states total authority. It was no longer governed by the Brits. It was followed by the bloody division, which continues to be one of the largest forced migrations in history and was the cause of millions of fatalities. For the UPSC Test, review all the information on the Indian Independence Act of 1947.

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