Indian independence act, of 1947 was the legislation passed and enacted by the British parliament that officially declared the independence of India. The parliament of the UK passed the act which partitioned British India into two separate and independent acts designed by Prime minister Clement Attlee as Indian political parties agreed on the transfer of Power from the British government and partition of India.
On 3rd June 1947, a plan was announced that was proposed by the British government which include the following principles:-
- The principle of partition of India was approved by the British government.
- Successor government would receive dominion status.
- The British rule of India should be over in June 1947.
- An independent dominion of Pakistan shall be created out of the provisions of west Bengal, Sindh, North West Frontier Province and East Bengal.
- Both the Indian and Pakistan dominions would be members of the British commonwealth and were allowed to leave whenever they pleased.
- The titles of emperors of India from the Royal style and the titles of King George vi were subsequently removed the title by order in the council on June 22, 1948.
Creation of two dominions India and Pakistan
The act provides for the partition of India and the establishment of two independent domains India and Pakistan from August 15, 1947. The word independent signified the absence of any external restraint.
Legislative Supremacy of The Dominion of India and Pakistan
The act provided for the legislative supremacy of the dominions. The governor-general of either authority was empowered to promulgate ordinances to meet emergencies as provided under the government of India act,1935
Freedom Of British Rule
The most epoch-making effect of the act was that India no longer remained dependent on the British Empire. Like other dominions, it now gets the status of an independent nation. thus the British period in India ended after nearly three and half centuries of trading, two centuries of political power and 130 years of general supremacy.
Lapse of the Instrument of Instructions
Section 18 of the Indian independence act, of 1947 provided that the existing instruments of instructing the governor and governor-general Shall lapse with the coming into effect of this act. The reason was that the gov general And the governors were now required to act as constitutional heads in future and therefore, instruments of instruction were no longer necessary for them.
There was no longer any executive council as under the government of India act, of 1935. the governor general or the provincial governor was now to act on the advice of the council of ministers enjoying the confidence of the dominion legislature the constituent assembly or the provincial legislature, the case may be.
The governor general was empowered to promulgate ordinances to meet emergencies as provided under the government of India act, of 1935. Such ordinances would remain in force for six months only until they were suspended by the act of enforcement of the Indian independence act.
India’s Status in Commonwealth Nations
After the Indian independence act, of 1947. The status was now independent. The relationship between them and the British crown was for their own advantage.
The judicial committee of the Privy Council in their judgement in a Canadian case observed that there is no limit to the sovereignty of the dominion legislature so now the question was whether the dominion could legally secede from the British must be assured in the affirmative.
Seven decades on, well over a billion people still live in the shadow of Partition. Thus, post-partition fragmented identities strengthened and the much-celebrated value of tolerance and acceptance appears to have weakened disturbing social harmony in the country. The exploitation of religious sentiments for political gains has further polarized society.
Written By- Sonal Priya
Lovely Professional University