Indian Independence act 1947
The Indian Independence Act of 1947 was the last act drafted by the British in the history of Indian constitutional development. The purpose of this act was to create an independent nation.
On 20 February 1947, British Prime Minister Clement Attlee announced that British rule in India would end by 30 June 1948, after which power would be handed over to Indians. The Muslim League protested against this announcement and demanded partition of the country. On June 3, 1947, Lord Mountbatten, the Viceroy of India, proposed a plan to partition the country. The Congress and the Muslim League both agreed to this plan. The Lord Mountbatten Plan was implemented by enacting the Indian Independence Act 1947.
Salient Features of Indian Independence Act - 1947:-
1) British rule in India was ended and from 15th August 1947 India became an independent sovereign nation.
2) It was allowed to divide India into two independent dominions namely India and Pakistan. These two states were given the right to secede from the British Commonwealth.
3) The post of Vice Roy was abolished. Also each Dominion was allowed to have a Governor General. The Act clarified that the British Emperor should appoint the Governor General on the advice of the Dominion Cabinet.
4) The power to frame and adopt any constitution was given to the Constituent Assemblies of the two Dominions. Also, under the Indian Independence Act 1947, both the Dominions were empowered to repeal any Act enacted by the British Parliament.
5) Constituent committees of both Domonion were empowered to draft the necessary legislation for their respective territories until the new constitution came into force.
6) The post of India Secretary was abolished and his powers were transferred to the Secretary of State for Commonwealth Affairs.
8) The domestic institutions of India were given the freedom to remain independent without joining the Dominion of India or joining the Dominion of Pakistan.
9) The administration of the two Dominions and Territories was allowed to run under the Government of India Act, 1935 until the new constitution was framed. Power to amend the Act was given to the Dominions.
10) The power to veto bills was taken back from the British Emperor, except for the power to order certain bills to be reserved for his assent. That power was given to the Governor General.
11) The Governor General and Provincial Governors of India were appointed as the constitutional (nominative) heads of the states. The Governor General and Provincial Governors were made to act on the advice of the Cabinet concerned in all matters.
12) Recruitment to the Civil Services by the Secretary of India was discontinued. Members of the Public Service appointed before 15th August 1947 were allowed to enjoy all the privileges due to them till 15th August 1947. British rule ended on the night of 14-15 August 1948 and power was handed over to the two dominions of India and Pakistan. Lord Mountbatten became the first Governor General of India, the new dominion of India. He independent Constituent Assembly began to function as the Parliament of the Indian Dominion.
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