Indian Independence Act 1947

On June 3, 1947, Lord Mountbatten, the viceroy of India, put forth

the partition plan, known as the Mountbatten Plan.
Once all the major political parties agreed to the partition scheme,
based on the Mountbatten plan, Independence Bill was introduced
in the House of Commons on 4th July, 1947.
The bill was ratified by the British Parliament on 18th July 1947
and became Indian Independence Act, 1947.
This was a very significant event in the colonial history of India as it
marked the end of India’s struggle for national independence.
However, it was the final culmination of Briti. sh Policy of “Divide
and Rule” as the act laid the basis of partition of India and a new
state, Pakistan was created.

Salient Features of Indian Independence Act 1947

It marked the end of the British rule in India. The British were to
officially leave India on 15th August, 1947
The 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, 1947
Join Our WhatsApp Group For More Notes 8085879778 ©UPSCTALK
Indian 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 dominion
Governor 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 dominion
Existing 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 and
Join Our WhatsApp Group For More Notes 8085879778 ©UPSCTALK
 The 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 Affairs
The 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.
Implementation
As per the provisions on the act two dominions – India and
Pakistan were created.
While Pakistan got its freedom on August 14, India became
independent on August 15, 1947.
Muhammad Ali Jinnah became the Governor General of
Pakistan
Join Our WhatsApp Group For More Notes 8085879778 ©UPSCTALK
 India decided to request Lord Mountbatten to wield the post
of the Governor general of India
He swore in Jawaharlal Nehru as the first prime minister of
independent India.
The Constituent Assembly of India formed in 1946 became
the Parliament of the Indian Dominion.
Repeal of the Act
The act had empowered both the dominions to repeal any act
of the British Parliament applied to them including Indian
Independence Act itself.
Subsequently, both India and Pakistan repealed the
Independence Act, 1947, with enactment of their constitution
Article 395 of Indian constitution effectively repeals the Indian
Independence Act 1947.
With the passing of the Indian constitution, the dominion
status was also done away with and India became a republic.
Interestingly, the British Parliament has still not repealed the
Indian Independence Act, 1947 on its side.

Join Our WhatsApp Group For More Notes 8085879778 ©UPSCTALK