Indian Independence Act 1947 – LLB Guide

By the Indian Independence Act 1947 Sir Syed Ahmad Khan’s ‘Two Nation Theory’ was implemented and two different states for two different nations the Hindus and the Muslims were established. It separated British India into two independent states India and Pakistan and ended the Emperor system by the British.

Indian Independence Act 1947

Indian Independence Act 1947

Indian Independence Act 1947 was enforced in British India on the 18th of July 1947. It was based on Lord Mountbatten’s 3rd June Partition Plan for the partition of British India into two states Pakistan and India. It divided all the subjects, resources, and reserves of British India between new dominions. This Act was widely accepted by India’s people who considered it as peace without war.

Salient Features of the Indian Independence Act 1947

The following are the salient features of the Indian Independence Act 1947:

1. Two Dominions

The main feature of the Indian Independence Act 1947 was that it divided British India into two independent dominions, India and Pakistan. All the provinces made under the Government of India Act 1935 were divided into India and Pakistan and all the princely states were given the choice to join either India or Pakistan.

2. Constituent Assemblies

This Act made the Indian Constituent Assembly and Pakistan Constituent Assembly separate and fully sovereign and the Crown authorized both assemblies to constitute a constitution for their country.

3. Governor-General of New Dominions

Indian Independence Act of 1947 introduced the Governors-General for the respective dominions which had been appointed by the Crown. Governor-General was the head of the state and the representative of the Crown. Lord Mountbatten was the first Governor-General of India and Quaid-e-Azam Muhammad Ali Jinnah became Pakistan’s first Governor-General.

4. The Office of SOS was Abolished

Office of Secratotory of State was established under the Government of India Act 1935 to govern the Federation of India, also abolished by the Indian Independence Act 1947 because the Governor-Generals had to appoint new bureaucracy in their respective country.

5. Armed Forced Division

Independence Act 1947 also divided the Armed Forces of British India between Pakistan and India but Air Force and Navy were not given to both new dominions and belonged to Britain.

6. Existing Instruments

Before the partition of British India all the existing instruments, documents, and laws were declared ineffective except ordinary laws.

7. Bengal

The province of Bengal was divided into two provinces East Bengal and West Bengal. East Bengal became part of Pakistan (currently Bangladesh) and West Bengal became part of India.

8. Title of Emperor of India

Independence Act repealed the title of Britishers as ‘Emperor of India’ and declared that United India (India and Pakistan) has no more colony of Britishers.

9. Princely States

All the sovereign and princely states in British India like Jona Garh, Manawa Garh, Hyderabad, etc had the choice to remain independent or to become part of one of these dominions of their interest. It was their discretion whether to join India or Pakistan.

Conclusion

Indian Independence Act 1947 was the Act passed by the consent of the Crown which divided the British colony “British India” into two independent states Pakistan and India. In the Indian Independence Act, the Air Force and Navy remained in control of the Britishers while all the provinces, resources, reserves, etc were divided into new dominions.

FAQs

When was Indian Independence Act 1947 given royal assent?

When was Indian independence act 1947 passed?

Who designed the Indian Independence Act 1947

Which of the following clauses was not part of the Indian Independence Act of 1947?

“The British Parliament had legislative control over India” was NOT part of the Indian Independence Act of 1947

Which plan was ratified as Indian Independence Act 1947?

Lord Mountbatten’s 3rd June Plan.

What did the Indian Independence Act of 1947 do for India?

This Act divided British India into two independent dominions ‘India and Pakistan.

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