Indian Independence Act 1947
It marked the end of the British rule in India. The British were to officially leave India on 15th August, 1947The act declared India as an independent and sovereign state from August 15, 1947.It dropped the title of Emperor of India from the royal titles of the king of England.It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15, 1947Indian Independence Act provided for partition of the country and creation of two independent dominions – India and Pakistan. This was to take effect from 15th August, 1947, with the implementation of the act.It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.Office of viceroy was abolished by the act. Each dominion was to have a Governor General, to be appointed by the British crown on the advice of responsible government in each dominionGovernor General, so appointed would be a constitutional head of the state and responsible for effective operation of the act.It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India or Pakistan.The constituent assembly of these two dominions were to also act as the legislature of the respective dominionExisting central legislative assembly and council of states were automatically dissolved with the passing of the act.It empowered the Constituent Assemblies of each dominion to frame and adopt any constitution for their respective dominion or nation andThe two dominions were also to be free to repeal any act of the British Parliament, including the Independence act itself.The Indian Independence Act, 1947 was not a constitutional document in any manner and hence it held that until a new Constitution came into force, the 1935 Act would work as the Constitutional Law of India.No Act of the British Parliament passed after August 15, 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion.The office of the secretary of state for India was also abolished by the act and his functions were transferred to the secretary of state for Commonwealth AffairsThe act also provided for continuation of all the benefits of the civil servants appointed on or before 15th August, 1947. However, it discontinued the appointment to civil services and reservation of posts by the secretary of state for India.
View all episodes
