Salient Features of the Indian Independence Act, 1947
Pakistan Studies E-Notes
Unit 2: Emergence and Creation of Pakistan (1940-1947)
Subtopic 2.1: Political Developments (1940-1947)
SLO 2.1.6: State the salient features of the Indian Independence Act 1947
Overview
The Indian Independence Act was passed by the British Parliament on 18 July 1947. It provided the legal basis for ending British rule in the subcontinent and establishing two independent dominions, Pakistan and India.
Salient features
1. Establishment of two independent dominions
The Act provided for two independent dominions, Pakistan and India, from 15 August 1947 (Pakistan’s Constituent Assembly met and Pakistan came into being on 14 August). Both would have their own governments and legislatures.
2. End of British rule
British rule over the subcontinent ended and the British government gave up its authority over the two dominions. The British Parliament would no longer exercise ordinary legislative authority over their affairs.
3. Partition of British India
British India was divided between Pakistan and India. Pakistan initially consisted of East Bengal, West Punjab, Sindh and the North-West Frontier Province, along with British Baluchistan and other territories that joined Pakistan under the relevant arrangements. The princely states were not automatically assigned to either dominion.
4. Division of Bengal and the Punjab
Bengal and the Punjab were to be partitioned, subject to decisions under the partition arrangements. Their Muslim-majority and non-Muslim-majority areas were divided between Pakistan and India through the Boundary Commission process.
5. Constituent Assemblies
Each dominion was to have its own Constituent Assembly to frame its constitution and exercise legislative powers. Until new constitutions were adopted, the Government of India Act 1935, as adapted, would be the main constitutional framework.
6. Position of the Governor-General
Each dominion would have a Governor-General appointed by the British monarch on the advice of the respective dominion government, acting as the constitutional representative of the Crown.
7. End of British paramountcy over the princely states
British paramountcy ended when the Act came into force. The states were no longer bound by the earlier treaties through which the Crown exercised authority over them, and their rulers could consider accession to Pakistan or India, subject to circumstances and later arrangements.
8. Division of assets and services
The Act gave the legal framework for dividing governmental responsibilities and institutions. The division of the armed forces, finances, records, public services and other assets was handled through the partition arrangements.
9. Power to make laws
The legislatures of Pakistan and India could make laws for their own dominions. The British Parliament would no longer legislate for either in the ordinary course, and their laws would not need British approval.
10. Temporary continuation of existing laws
Existing laws and constitutional arrangements continued, with necessary adaptations, until the Constituent Assemblies framed their constitutions. This provided administrative and legal continuity during the transition.
Quick revision
| Feature | Key point |
|---|---|
| Two dominions | Pakistan and India, August 1947 |
| British rule | Ended; no ordinary British legislation |
| Partition | British India divided; Bengal and Punjab partitioned by Boundary Commission |
| Constituent Assemblies | Separate for each dominion; 1935 Act as interim framework |
| Governor-General | Appointed by the Crown on the dominion’s advice |
| Princely states | Paramountcy ended; rulers could accede to either dominion |
| Assets and services | Divided under partition arrangements |
| Law-making | Dominion legislatures sovereign |
| Existing laws | Continued, with adaptations |
Conclusion
Practice questions
- When was the Indian Independence Act passed, and what was its main purpose?
- State five salient features of the Act.
- What happened to the princely states under the Act?
- What was the role of the Governor-General and the Constituent Assemblies?
- Which law governed the dominions until they framed new constitutions?
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