(Chapter-01)

INTRODUCTION
India Independence Act 1947 was an Act passed by the Parliament of the United Kingdom
(UK) that divided the British India into two new independent dominions of India and Pakistan.
The Act received the assent of the royal family on July 18, 1947 after which, India came into
existence on August 15 and Pakistan on August 14 in the year 1947. The Act was formulated
together by UK Prime Minister Clement Attlee and the Governor General of India Lord
Mountbatten after the representatives of the Indian National Congress, the Muslim League, and
the Sikh community gave their consent to the Act. This act came to be known as 3 June Plan
or Mountbatten Plan. On the basis of Mountbatten Plan, the British government was anxious
to transfer power. The Indian Independence Bill was introduced in British Parliament on July
4 1947. The Act did not provide for any new Constitution of India. The Act provided for
partition of India and the establishment of the two Dominion (India and Pakistan)1.

Aim and Objectives:

An Act to make provision for the setting up in India of two independent Dominion states, to
substitute other provisions for certain provisions of the Government of India Act, 1935, which
apply outside those Dominions, and to provide for other matters consequential on or connected
with the setting up of those Dominions. The Act established that by deliberate manoeuvring a
ruling party with the co-operation of minority could veto very effectively the will and wishes
of even a strong majority, on one pretext or the other. The Act of 1947 was not a constitution
in any manner or even did not provide for any constitution on broad basis. On the other hand,
it was an Act which enabled the British government to withdraw from India. Once the whole
partition scheme was agreed by major political parties, stage was set for introducing
Independence Bill in the House of Commons, which was introduced on July 4, 1947. This was
the culmination of India’s struggle against colonialism and imperialism. It was also the victory
of communal forces in our national struggle, because the Act provided for the partition of India
and formation of an independent and sovereign state of Pakistan. It was also the victory of
forces which followed the policy of ‘Divide and Rule’ on the one hand and ‘Divide and Quit’
on the other. The Act brought India on the threshold of new era where both the Dominions
were to share their own responsibilities without any super power patronage. Lord Attlee said
in the House of Commons that, “It is the culminating point in a long course of events.” Dawn

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which represented Muslim view point in those difficult days called it as “momentus and unique
piece of legislation”.

RESEARCH METHODOLOGY

Research methodology is specific procedures or technique used to identify, select process, and
analyze information about a topic. The researcher methodology has adopted the Doctrinal form
of research in completing the project. As the project is primarily a case study on insanity, the
Doctrinal form of research was most appropriate. Primary as well as secondary sources of
information have been used from the Central Library of CUSB. The above category of material
consist of law reporters such as A.I.R., S.C.C., Cr. I.L. and commentaries on the India Panel
Code written by eminent authors Also, secondary soft copy sources of information have been
perused from online databases such as Manupatra, India code and Judis. No part of project is
plagiarized and it is the original work of the researcher

RESEARCH OBJECTIVES

 To know about the Nature and the principle of Indian Independent Act, 1947 and also
know about that, what are the aim, Objectives and needs of this Act.
 To know about the silent features of the Indian Independent Act, 1947 and what are the
essential Provisions given in this Act.
 To read about the leading case laws related to the Indian Independent Act, 1947.
 (Chapter-02)

HISTORICAL BACKGROUND

Clement Richard Attlee, who had assisted Sir John Allsebrook Simon in the famous ‘Simon
Commission,’ had become the Prime Minister of the United Kingdom in 1945. Since Clement
Attlee was always an advocate of free India, he played a key role in the eventual formulation
of the act. On February 20, 1947, Prime Minister Attlee came up with an important
announcement. According to the announcement, the British Government would likely grant
India the power to form its own self-government by June 1948. Attlee’s announcement also
stated that the date for the final transfer of power will be decided first, post which a call would
be taken to decide the fate of the Princely States. On March 18, 1947, Clement Richard Attlee
wrote a letter to the then and last Viceroy of India, Lord Mountbatten. In the letter, he had
mentioned that His Majesty’s Government’s intention was not to bring paramountcy as a
system. He also stated that Lord Mountbatten was authorized to take a call while entering into
negotiations with the Princely States of India. On June 3, 1947, the government of British
proposed a plan, which later came to be known as the ‘Mountbatten Plan’ as it was proposed
by Lord Mountbatten. The ‘3 June Plan’ stated that the British Government was in accordance
with the partition of British India and that the successive governments would be granted
dominion status. The plan was forwarded to the ‘Indian National Congress,’ Head of the Sikh
community in India, and the ‘All-India Muslim League.’ Once the plan was approved by all
the three factions, the legislation for the ‘Indian Independence Act’ was formulated by the then
Governor General of India, Lord Mountbatten and the then Prime Minister of the United
Kingdom, Clement Attlee. On July 18, 1947, the ‘Indian Independence Act’ was sanctioned by
the British crown, before being passed by the ‘Parliament of the United Kingdom.’

The Indian Independence Act was passed in 1947. The act created two new independent
dominions; India and Pakistan. Pakistan was split into Pakistan and East Pakistan which is now
Bangladesh. The Bengal and Punjab provinces were partitioned between the two new countries.
These dominions separated the Muslim, Hindu and Sikh population and caused the biggest
forced migration which has ever happened that was not the result of war or famine. The Act
repealed the use of ‘Emperor of India’ as a title for the British Crown and ended all existing
treaties with the princely states. Lord Mountbatten continued as Governor-General and
Jawaharlal Nehru was appointed India’s first Prime Minister, Muhammad Ali Jinnah became
Pakistan’s and Liaquat Ali Khan its Prime Minster. The 15th August 1947 has since become
celebrated as India’ and Pakistan’s Independence Day.2

On 4 June 1947 Mountbatten held a press conference in which he addressed the question of the
princely states, of which there were over 635. The treaty relations between Britain and the
Indian States would come to an end, and on 15 August 1947 the suzerainty of the British Crown
was to lapse. They would be free to accede to one or the other of the new dominions[11] or to
remain independent.

India:

Lord Mountbatten of Burma, the last Viceroy, was asked by the Indian leaders to continue as
the Governor-General of India. Jawaharlal Nehru became the Prime Minister of India and
Sardar Vallabhbhai Patel became the Home Minister. Over 560 princely states acceded to India
by 15 August. The exceptions were Junagadh, Hyderabad and Jammu and Kashmir. The state
of Jammu and Kashmir was contiguous to both India and Pakistan, but its Hindu ruler chose to
remain initially independent. Following a Pakistani tribal invasion, he acceded to India on 26
October 1947, and the state became a dispute between India and Pakistan.[13] The state of
Junagadh initially acceded to Pakistan but faced a revolt from its Hindu population. Following
a breakdown of law and order, its Dewan requested India to take over the administration on 8
November 1947. India conducted a referendum in the state on 20 February 1948, in which the
people voted overwhelmingly to join India. The state of Hyderabad, with majority Hindu
population but Muslim ruler, faced an intense turmoil and sectarian violence. India intervened
in the state on 13 September 1948, following which the ruler of the state signed the Instrument
of Accession, joining India.

Pakistan:

Muhammad Ali Jinnah became the Governor-General of Pakistan, and Liaquat Ali Khan
became the Prime Minister of Pakistan.

Between October 1947 and March 1948 the rulers of several Muslim-majority states signed an
Instrument of Accession to join Pakistan. These included Amb, Bahawalpur, Chitral, Dir,
Kalat, Khairpur, Kharan, Las Bela, Makran, and Swat.3

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(Chapter-03)

SILENT FEATURES OF INDIAN INDEPENDENT ACT, 1947 4

1) It provided for two dominion states : India and Pakistan.

2) The boundaries between the two dominion states were to be determined by a Boundary
Commission which was headed by Sir Cyril Radcliff.
3) It provided for partition of Punjab & Bengal and separate boundary commissions to
demarcate the boundaries between them.
4) Pakistan was to comprise the West Punjab, East Bengal, Territories of the Sind, North West
frontier provinces, Syllhat divisions of Assam, Bhawalpur, khairpur, Baluchistan and 8
other princely states of Baluchistan.
5) The authority of the British Crown over the princely states ceased and they were free to
join either India or Pakistan or remain independent.
6) Both the dominions of India and Pakistan were to have Governor Generals to be appointed
by the British King. The act also provided for a common Governor general if both of them
agreed.
7) The constituent assemblies of both the states were free to make constitutions of their
respective countries.
8) For the time being till the constitution was made, both of them would be governed in
accordance with the Government of India act 1935.
9) Any modification or omission could be done by the Governor General.
10) British Government would not continue any control on any dominion.
11) The Governor general was invested with adequate powers until March 1948 to issue orders
for effective implementation of the provisions of the Indian Independent Act, 1947.
12) Those civil servants who had been appointed before the August 15, 1947, will continue in
service with same privileges.

Current Position of Indian Independent Act, 1947

Article: 395. Repeals (Indian Constitution)

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The Indian Independent Act, 1947 and the Government of India Act, 1935, together with all
enactments amending or supplementing the latter Act, but not but not including the Abolition
of Privy Council Jurisdiction Act, 1949 are hereby repealed.

(Chapter-04)

SECTION-01 TO 05 OF INDIAN INDEPENDENT ACT, 1947 5

The new Dominions.

1.—(1) As from the fifteenth day of August, nineteen hundred and forty-seven, two
independent Dominions shall be set up in India, to be known respectively as India and Pakistan.

(2) The said Dominions are hereafter in this Act referred to as "the new Dominions", and the
said fifteenth day of August is hereafter in this Act referred to as "the appointed day".

Territories of the new Dominions.

2.—(1) Subject to the provisions of subsections (3) and (4) of this section, the territories of
India shall be the territories under the sovereignty of His Majesty which, immediately before
the appointed day, were included in British India except the territories which, under subsection
(2) of this section, are to be the territories of Pakistan.

(2) Subject to the provisions of subsections (3) and (4) of this section, the territories of Pakistan
shall be—

(a) the territories which, on the appointed day, are included in the Provinces of East Bengal
and West Punjab, as constituted under the two following sections; (b) the territories which, at
the date of the passing of this Act, are included in the Province of Sind and the Chief
Commissioner's Province of British Baluchistan; and (c) if, whether before or after the passing
of this Act but before the appointed day, the Governor-General declares that the majority of
the valid votes cast in the referendum which, at the date of the passing of this Act, is being or
has recently been held in that behalf under his authority in the North West Frontier Province
are in favour of representatives of that Province taking part in the Constituent Assembly of
Pakistan, the territories which, at the date of the passing of this Act, are included in that
Province.

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(3) Nothing in this section shall prevent any area being at any time included in or excluded
from either of the new Dominions, so, however, that—

(a) no area not forming part of the territories specified in subsection (1) or, as the case may be,
subsection (2), of this section shall be included in either Dominion without the consent of that
Dominion; and

(b) no area which forms part of the territories specified in the said subsection (1) or, as the case
may be, the said subsection (2), or which has after the appointed day been included in either
Dominion, shall be excluded from that Dominion without the consent of that Dominion.

(4) Without prejudice to the generality of the provisions of subsection (3) of this section,
nothing in this section shall be construed as preventing the accession of Indian States to either
of the new Dominions.

Bengal and Assam.

3.—(1) As from the appointed day—

(a) the Province of Bengal, as constituted under the Government of India Act, 1935,[1]shall
cease to exist; and

(b) there shall be constituted in lieu thereof two new Provinces, to be known respectively as
East Bengal and West Bengal.

(2) If, whether before or after the passing of this Act, but before the appointed day, the
Governor General declares that the majority of the valid votes cast in the referendum which, at
the date of the passing of this Act, is being or has recently been held in that behalf under his
authority in the District of Sylhet are in favour of that District forming part of the new Province
of East Bengal, then, as from that day, a part of the Province of Assam shall, in accordance
with the provisions of subsection (3) of this section, form part of the new Province of East
Bengal.

(3) The boundaries of the new Provinces aforesaid and, in the event mentioned in subsection
(2) of this section, the boundaries after the appointed day of the Province of Assam, shall be
such as may be determined, whether before or after the appointed day, by the award of a
boundary commission appointed or to be appointed by the Governor-General in that behalf,
but until the boundaries are so determined—
(a) the Bengal Districts specified in the First Schedule to this Act, together with, in the event
mentioned in subsection (2) of this section, the Assam District of Sylhet, shall be treated as the
territories which are to be comprised in the new Province of East Bengal;

(b) the remainder of the territories comprised at the date of the passing of this Act in the
Province of Bengal shall be treated as the territories which are to be comprised in the new
Province of West Bengal; and

(c) in the event mentioned in subsection (2) of this section, the District of Sylhet shall be
excluded from the Province of Assam.

(4) In this section, the expression "award" means, in relation to a boundary commission, the
decisions of the chairman of that commission contained in his report to the Governor-General
at the conclusion of the commission's proceedings.

The Punjab.

4.—(1) As from the appointed day—

(a) the Province of the Punjab, as constituted under the Government of India Act, 1935, shall
cease to exist; and

(b) there shall be constituted two new Provinces, to be known respectively as West Punjab and
East Punjab.

(2) The boundaries of the said new Provinces shall be such as may be determined, whether
before or after the appointed day, by the award of a boundary commission appointed or to be
appointed by the Governor-General in that behalf, but until the boundaries are so determined—

(a) the Districts specified in the Second Schedule to this Act shall be treated as the territories
to be comprised in the new Province of West Punjab; and

(b) the remainder of the territories comprised at the date of the passing of this Act in the
Province of the Punjab shall be treated as the territories which are to be comprised in the new
Province of East Punjab.

(c) In this section, the expression "award," means, in relation to a boundary commission, the
decisions of the chairman of that commission contained in his report to the Governor-General
at the conclusion of the commission's proceedings.

The Governor-General of the new Dominions.

5. For each of the new Dominions, there shall be a Governor-General who shall be appointed
by His Majesty and shall represent His Majesty for the purposes of the government of the
Dominion:

Provided that, unless and until provision to the contrary is made by a law of the Legislature of
either of the new Dominions, the same person may be Governor-General of both the new
Dominions.

(Chapter-05)

CASE LAWS:

1. Chand Madan Gopal And Others vs State Of Punjab 6

The trial court decreed the suit of the respondent for a sum of Rs. 5,53,897 ' /-/9. On appeal the
High Court of Punjab reduced the decrement amount to Rs. 3,23,897/-/9. Not feeling satisfied
with the judgment and decree of the High Court the appellants Nos. 1 and 2 have preferred this
appeals. It is now necessary to set out the legal background against which two of the appellants'
arguments need to be examined. On July 18, 1947, the British Parliament enacted the Indian
Independence Act, 1947. Section 1(2) defines the expression "appointed day" as the 15th of
August, 1947. On the said date there were born two independent Dominions, the Dominion of
India and the Dominion of Pakistan. The Undivided India was partitioned between the two
Dominions. Consequently, the Undivided Punjab was split up into two Provinces, one called
the Province of West* Punjab and the other the Province of East Punjab. Section 9(1) (b)
enabled the Governor-General to make Orders for dividing between the new Dominions, and
between the new Provinces rights and liabilities of the Governor-General in Council and the
relevant Provinces which were to cease to exist." Sub- section (2), of s. 9 provided that the
power conferred on the Governor-General by s. 9(1)(b) could, in relation to their respective
provinces , be exercised also by the Governors of the provinces which would cease to exist on
the appointed date.

2. Chandra Deb And Others vs The State Of Orissa And Others 7

"Till the lapse of Paramountcy, the Crown as represented by and operating through the Political
authorities provided the nexus between the Indian States and the Central and Provincial

6
on 6 October, 1972
7
on 16 October, 1961
Governments. The pivot of this arrangement was the Viceroy, who as Crown Representative
represented to the Indian States the suzerainty of the British Crown while at the same time he
was, in relation to British India, the head of the Government as Governor-General. The Indian
Independence Act, 1947, released the States from all their obligations to the Crown".

3. Of Income-Tax, vs H. E. H. Mir Osman Ali Khan 8

The said White Paper further discloses that while the States were responsible for their own
internal administration, the Crown accepted responsibility for their external relations and
defence. The Indian States had no international status, and for external purposes, they were
practically in the same position as British India. The Government of India Act, 1935, gave the
Indian States an option to join the federation subject to certain conditions; but that part of the
said Act was abandoned in 1939. The Indian Independence Act of 1947 introduced a change
in the relationship between the Crown and the said States. Section 7 (1) (b) of the Indian
Independence Act of 1 947.

4. R.P. Kapur vs Union Of India And Anr 9

S.V. Gupte, Additional Solicitor-General, N.S. Bindra and R.H. Dhebar, for the respondent
(Union of India). S.M. Sikri, Advocate-General, Punjab, N.S. Bindra and R.H. Dhebar, for the
respondent (State of Punjab). November 19, 1963. The Judgment of P.B. Gajendragadkar, K.
Subba Rao, K.N. Wanchoo and J.C. Shah, JJ. was delivered by Wanchoo, J. Raghubar Dyal, J.
delivered a dissenting Opinion.

WANCHOO J.-This is an appeal on a certificate granted by the Punjab High Court. The
appellant joined the Indian Civil Service in 1939 and was governed in matters relating to
discipline by the Civil Services (Classification, Control and Appeal) Rules, (hereinafter
referred to as the Appeal Rules) made by the Secretary of State for India in Council. He
continued in service till the transfer of power under the Indian Independence Act, 1947. Under
s.10 of that Act he continued to serve under the Government of India and was entitled to receive
from the Government of India or of the Province which he might from time to time be serving
the same conditions of service as respects remuneration, leave and pension, and the same rights
as respects disciplinary matters or, as the case may be, as respects the tenure of his office, or

8
on 25 October, 1965
9
on 19 November, 1963
rights as similar thereto as changed cir- cumstances may permit as he was entitled to
immediately before the transfer of power, which took place on August 15, 1947. The same
guarantee was extended to the appellant and all members of what were the Secretary of State's
Services before August 15, 1947 by Art. 314 of the Constitution. As the appellant's case is
based on 'that Article we may set it out.

(Chapter-06)

CONCLUSION

The Indian Independence Act, enacted and adopted by the British Parliament, receives royal
assent on 18 July 1947. The Indian Independence Act creates two new independent Dominions:
India (Hindu) and Pakistan (Muslim), the latter being divided into two territories (West
Pakistan and East Pakistan). The provinces which were formerly administered directly by the
British are attached to one or other of these two states, depending on whether the majority of
the population is Hindu or Muslim. The princely states are free to decide whether they belong
to Pakistan or India. Pakistan is created on 14 August 1947. India obtains its independence on
15 August 1947. The Indian Independent Act, 1947 was an Act of the parliament of the United
Kingdom that parliament British India into the two new Independent Dominions of India and
Pakistan. The Act received the royal assent on 18 July 1947, and Pakistan came into being on
August 15 at the same time as Indian Independence. However due to Mountbatten need to be
in New Delhi for the transfer of power, Pakistan celebrated it’s formation a day ahead on 14
August 1947 to enable the viceroy Lord Mountbatten to attend both events. The legislation was
formulated by the government of Prime Minister Clement Attlee and the Governor General of
India Lord Mountbatten, after representative of the Indian National Congress, the Muslim
league, and the Sikh community come to an agreement with the viceroy of India, Lord
Mountbatten of Burma, on what has come to be know as the 3 June plan or Mountbatten Plan.
This Plan was the last Plan for Independence.
 BIBLIOGRAPHY

Books:-

 Indian Independent Act, 1947 “Bare Act”.

 The Constitution of India “Bare Act” 2018 Commercial Law publication.
 V.N Shukla “Constitution of India” thirteen addition 2015.

Sites:-

 WWW.Mapsafindia.Com
 WWW.Calturalindia.net
 WWW.wikipedia.org
 WWW.gktoday.com
 WWW.Wikisource.org