GOVERNMENT OF INDIA ACT, 1947

Introduction

The British Parliament passed the Indian Independence Act 1947, which granted independence to India and Pakistan and marked the end of India’s struggle for independence. The Indian Independence Act shaped the destiny of the subcontinent and laid the groundwork for the formation of two distinct nations.

Background

• Cabinet Mission Plan(1946): Congress accepted the plan but Muslim League was reluctant to do so because of intense demand for Pakistan which was not provided in the cabinet mission plan.
• Congress Swept Majority: Elections to the constituent assembly happened and Congress swept majority in this election, this terrifies the Jinnah as they moved in Minority status.
• Direct Action Day: Jinnah launched Direct Action Day (16 August 1946) for pressuring Congress for its Pakistan demand.
• Interim Government: Viceroy asked for an Interim government but Jinnah did not join the Interim government.
• Attlee’s Announcement (27 Feb 1947) and gave June 1948 as the deadline for transfer of power and by which the British would quit India.
• Mountbatten Plan(3rd June Plan):
  • It gave the provisions of Partition of India with the creation of two independent Dominion; India, Pakistan. 
  • These Dominions had the Right to secede from the British Commonwealth.
• Mountbatten Plan prepared the base for Indian Independence Act of 1947(also known as Government of India Act 1947).
  • Muslim League was happy because the Mountbatten Plan provided for partition of the country.
  • Congress also accepted the plan as it was unavoidable.

Features of Indian Independence Act 1947

• Partition Plan/The 3rd June 1947 Plan/Mountbatten Plan: On June 3, 1947, Lord Mountbatten presented the partition plan, which was accepted by the Congress and Muslim League, and immediately enacted it, declaring India as an independent and sovereign state from August 15, 1947. 
• Creation of India and Pakistan: The Act facilitated the partition of India, establishing two independent dominions—India and Pakistan—with the right to secede from the British Commonwealth.
• Abolition of Viceroy Office: The office of Viceroy was abolished, and a Governor-General for each dominion was introduced, appointed by the British King based on the advice of the dominion cabinet. 
  • Britain had no responsibility for the governance of India or Pakistan.
• Empowerment of Constituent Assemblies: Constituent Assemblies of the dominions were empowered to frame and adopt any constitution for their respective nations, including the authority to repeal any act of the British Parliament, including the Independence Act itself.
• Authority of Dominion Constituent Assemblies: Constituent Assemblies of both dominions could legislate for their territories until new constitutions were enforced. 
  • Acts of the British Parliament after August 15, 1947, required dominion legislature approval to apply.
• Abolition of Office of Secretary of State: It was abolished for India, and its functions were transferred to the Secretary of State for Commonwealth Affairs.
• End of British Paramountcy over the Princely States: British paramountcy over Indian princely states and treaty relations with tribal areas lapsed on August 15, 1947. 
  • Princely states were granted the freedom to join the Dominion of India or Pakistan or remain independent.
• Governance under the Government of India Act, 1935: Governance of dominions and provinces followed the Government of India Act of 1935 until new constitutions were established, with the power to make modifications.
• Governor-General’s Veto Power: The British Monarch lost the right to veto bills or request reservations, but this power was retained by the Governor-General, who could assent to bills in the name of His Majesty.
• Governors as Constitutional Heads: The Governor-General of India and provincial governors became constitutional (nominal) heads, acting on the advice of their respective councils of ministers.
• Removal of “Emperor of India”: It dropped the title of Emperor of India from the royal titles of the King of England.
• Discontinuation of Civil Service Appointment: The appointment to civil services and post reservations by the Secretary of State for India was discontinued. 
  • Civil service members appointed before August 15, 1947, retained entitlements and benefits.

FIRST CABINET AFTER INDEPENDENCE

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