Indian Independence Act, 1947

April 28, 2023

This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1^st year law student.

This Act is a turning point in our history since it led to the creation of two new nations by removing them from British sovereignty. The Mountbatten Plan, also known as the 3rd June Plan, was the basis on which legislation created by the Labour government of Clement Attlee was created. It was because the Indian National Congress and Muslim League had consented to the terms of Viceroy Lord Mountbatten without raising any objections. The proposal obtained royal assent once the final draft was finalized and forwarded to the British Parliament. The law then entered into force on 18^th July, 1947.

The “Dickie Bird Plan” was originally envisioned by Viceroy Mountbatten. According to the idea, the British parliament will declare each province independent and grant them the authority to choose whether or not to participate in the Constituent Assembly. Pandit Jawahar Lal Nehru, however, adamantly opposed the idea. By separating the entire nation into numerous homogenous states, in his opinion, this will result in an absolute catastrophe.

Viceroy Mountbatten then drafted the “3 June Plan,” which was a better approach. The concept was approved and agreed by all parties. The concept was also approved by the Indian National Congress, which opposed any form of partition of the country. In the end, it was determined that Pakistan and India would be recognised as separate countries with their own constituent assemblies. The constituent assembly’s members will be chosen from among the provinces included in each nation.

The Indian National Congress consented to the separation because it was the only way to stop the rise of “radical intervention” and racial unrest. Pakistan also seemed inevitable as a result of the Interim Government’s virtual collapse. The partition plan prohibited the princely states from becoming independent, which may have posed a bigger threat to Indian unity because it would have resulted in the Destabilisation of the nation.

Pakistan further was segregated into Pakistan and East Pakistan which is now Bangladesh. In short, the Act divided the nations mainly on the basis of religion, that is, Hindu and Muslim. The Act decided to take away the British monarchy’s right to use the title “Emperor of India.” This law also terminates any existing treaties with princely states. Lord Mountbatten retained his position as Governor General along with Pandit Jawahar Lal Nehru as the Prime Minister. On the other hand, Muhammad Ali Jinnah became the governor general of Pakistan along with Liaquat Ali Khan as the Prime Minister.

According to the Act it gave freedom of being independent to India and Pakistan from 15^th August 1947 although the Act was passed on 18^th July 1947. The decision of the making boundaries rest with the “Boundary Commission” headed by Sir Cyril Radcliff. The British Parliament was in favour to end the system of princely states and ask them to join either India or Pakistan.

Status of different provinces after partition are: –

Provinces of East Bengal, West Bengal, West Punjab, Sind, Baluchistan, Khyber Pakhtunkhwa, Islamabad Capital Territory and administrative territories of Azad Jammu and Kashmir along with Gilgit-Baltistan became part of Pakistan.
All other provinces made the decision to join India aside from these few.
Three provinces namely Hyderabad, Kashmir and Mysore declared themselves independent.
Later, Sardar Vallabh Bhai Patel and Pandit Jawahar Lal Nehru got succeed in convincing Nizam of Hyderabad and Mysore to be the part of India. But Maharaja Hari Singh denied.
When Pakistan later attempted to annex it, the king sought assistance from Pandit Jawahar Lal Nehru and signed the Instrument of Accession, joining India.
6. After the Indian military fought Pakistan, they were able to acquire virtually the entire region, but Pandit Jawahar Lal Nehru then asked for the assistance of the United Nations Organization.
The United Nations later cease the fighting and asked the military to stop where they are. As a result, half of J&K is now in India, and the other half is known as POK (Pakistan Occupied Kashmir)

What is the status of Indian Independence Act, 1947 now?

Despite the fact that no new Constitution may repeal the Indian Independence Act under British law, Article 395 of the Indian Constitution and Article 221 of the Pakistani Constitution abrogated the Act to achieve greater independence for the new nations. And for this reason, even if some of the act’s provisions have been repealed, the legislation has not been repealed by the UK parliament.

Impacts of the Indian Independence Act, 1947?

Due to the separation, there was a significant increase in violations. Muslims flew from various regions of India to Pakistan, and Hindus flew from various provinces of Pakistan to India. The violence that occurred during the procedure resulted in many deaths and injuries. Many people were left behind and lost touch with their family during this time. Many of them left their homes behind in order to escape the violence.

There were numerous border conflicts between India and Pakistan since the committee formed with the goal of creating the border did not give it’s best. Numerous areas lacked clarity, which contributed to the conflict and animosity between the two nations. One of the issues brought up as a result of the division of the two countries is Jammu & Kashmir. Jammu and Kashmir’s problem is still a hot topic. It is a topic that frequently sparks discussion, even in United Nations Organisations.

Numerous soldiers lose their lives every day as a result of the growing hatred between the two nations’ innocent civilians. Pakistan’s population eventually becomes more religiously uniform. This was not at all what was anticipated of them at the outset of the partition. It was the outcome of irrational hate of the populace, which leads to all manner of atrocities. The level of hostility has grown to the point where Indian Muslims are now commonly mistaken for Pakistani supporters, which ultimately leads to conflicts between Indian people based on religion.

Conclusion

The Indian Independence Act of 1947 caused the separation of two countries: Pakistan (which has a majority of Muslims) and India (which has a majority of Hindus). Many favourable effects were first anticipated, but this was not the case. The nation still views the division as its darkest and saddest moment of our history. Numerous people still endure daily suffering as a result of the absence of their family members. They long for the places where they and their family spent their formative years together. When considering the decision from the standpoint of societal harmony, it was not at all a good one. Additionally, it is bad when we look at it from a political standpoint. In nutshell, the decision cannot be seen favourably for the stability and wellbeing of the citizens of both of the nations.

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April 28, 2023