Paper I · 5 Indian Polity & Governance · 5.1.1 Historical background
5.1.1.5 Indian Independence Act 1947
The Indian Independence Act, 1947, passed by the British Parliament on the basis of the Mountbatten Plan, ended British rule and created two independent dominions, India and Pakistan, from 15 August 1947.
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Core facts
- 20 February 1947: British Prime Minister Clement Attlee announced that British rule would end by 30 June 1948.
- 3 June 1947: Lord Mountbatten announced the partition plan (Mountbatten Plan). The Congress and the Muslim League accepted it.
- The Act was passed by the British Parliament and received royal assent on 18 July 1947.
- India became independent on 15 August 1947.
- It created two independent dominions: India and Pakistan. Each could leave the British Commonwealth.
- It abolished the office of Viceroy. Each dominion got a Governor-General, appointed by the British King on the advice of the dominion cabinet.
- It abolished the office of Secretary of State for India.
- British paramountcy over the princely states lapsed. The states could join India or Pakistan, or remain independent.
- The Constituent Assembly of each dominion could frame any constitution and repeal any British law, including the Independence Act itself.
- Lord Mountbatten became the first Governor-General of free India. C. Rajagopalachari was the last Governor-General and the only Indian to hold the post.
Explained
Main provisions
- End of British authority. The British Government had no responsibility for India from 15 August 1947. No British Act passed after that date would extend to a dominion unless its legislature adopted it.
- Constituent Assemblies. Each was empowered to frame and adopt a constitution, and also to act as the dominion legislature until a new constitution came into force.
- Interim government. Each dominion and its provinces were to be governed under the Government of India Act, 1935, as adapted, until the new constitution.
- Monarch's powers. The British monarch lost the right to veto bills or to ask that bills be reserved for his approval. The Governor-General could assent to any bill in the King's name.
- Constitutional heads. The Governor-General of India and the provincial governors were to act on the advice of their ministers.
- Title dropped. The King's title "Emperor of India" was dropped.
- Civil services. Appointments to the civil services and reservation of posts by the Secretary of State ended. Those appointed before 15 August 1947 kept their benefits.
- Tribal areas. British treaties with tribal areas also lapsed.
First cabinet of free India (1947)
| Member | Portfolio |
|---|---|
| Jawaharlal Nehru | Prime Minister; External Affairs and Commonwealth Relations; Scientific Research |
| Sardar Vallabhbhai Patel | Home; Information and Broadcasting; States |
| Dr Rajendra Prasad | Food and Agriculture |
| Maulana Abul Kalam Azad | Education |
| Dr John Mathai | Railways and Transport |
| R.K. Shanmukham Chetty | Finance |
| Dr B.R. Ambedkar | Law |
| Jagjivan Ram | Labour |
| Sardar Baldev Singh | Defence |
| Rajkumari Amrit Kaur | Health |
| C.H. Bhabha | Commerce |
| Rafi Ahmed Kidwai | Communications |
| Dr Shyama Prasad Mukherjee | Industries and Supplies |
| N.V. Gadgil | Works, Mines and Power |
Common traps
- ✗ "The Act kept British paramountcy over the princely states." ✓ Paramountcy lapsed; the states were free to join either dominion or stay independent.
- ✗ "The Mountbatten Plan was announced on 20 February 1947." ✓ 20 February was Attlee's statement. The plan was announced on 3 June 1947.
- ✗ "C. Rajagopalachari was the first Governor-General of free India." ✓ The first was Lord Mountbatten. Rajagopalachari was the last and the only Indian.
- ✗ "The Indian Independence Act was passed by the Constituent Assembly." ✓ It was passed by the British Parliament.
- ✗ "R.K. Shanmukham Chetty held Railways in the first cabinet." ✓ He held Finance. John Mathai held Railways and Transport.
- ✗ "The Act was repealed by the first amendment." ✓ It was repealed by Article 395 of the original Constitution.
Quick revision
- Attlee: 20 February 1947; Mountbatten Plan: 3 June 1947.
- Royal assent: 18 July 1947; independence: 15 August 1947.
- Two dominions; free to leave the Commonwealth.
- Viceroy and Secretary of State abolished; a Governor-General for each dominion.
- Paramountcy lapsed; states free to choose.
- Constituent Assembly: sovereign; also the dominion legislature.
- Mountbatten first, Rajagopalachari last Governor-General.
- First cabinet: Chetty Finance, Mathai Railways, S.P. Mukherjee Industries, Amrit Kaur Health.
- Repealed by Article 395.
Go deeper: Deeper, Mains writing (beyond what APPSC Paper I usually asks)
Deeper Advanced
From interim government to independence
- The Interim Government was formed on 2 September 1946, with Nehru as Vice-President of the Viceroy's Executive Council. The Muslim League joined in October 1946.
- The League boycotted the Constituent Assembly, and the Cabinet Mission scheme broke down. This led to Attlee's deadline and then the 3 June Plan.
- Under the plan, the legislative assemblies of Bengal and Punjab met in two parts and voted for partition of those provinces. Referendums were held in the North-West Frontier Province and Sylhet. Boundary Commissions under Sir Cyril Radcliffe drew the borders.
- The date of transfer was brought forward from June 1948 to 15 August 1947.
Effect on the Constituent Assembly
- It became a fully sovereign body, free to change any law made by the British Parliament for India.
- It became the first Parliament of free India (dominion legislature). As a legislature it was chaired by G.V. Mavalankar; as a constituent body by Dr Rajendra Prasad.
- Members of the Muslim League from the areas that went to Pakistan withdrew. The Assembly's strength fell from 389 (planned) to 299.
Statement-level points
- Paramountcy lapsed; the Act did not transfer it to India. The princely states were integrated through Instruments of Accession and later merger agreements.
- The Act did not give a constitution. It provided the 1935 Act as an interim framework.
- The Act was repealed by Article 395 of the Constitution on 26 January 1950.
- Jinnah became the first Governor-General of Pakistan.
- Mountbatten served as Governor-General of India until June 1948; Rajagopalachari followed and served until 26 January 1950, when the office ended and the President took over.
Mains writing Mains writing
- Frame: the 1947 Act was a legal transfer of sovereignty. It handed power to Indian institutions but left two great tasks: integrating the princely states and writing a constitution.
- Analysis points:
- Peaceful legal transfer. Power passed through an Act of Parliament, which gave continuity of law and administration (the 1935 Act, the civil services).
- Cost of Partition. Rapid timelines and the Radcliffe line led to large-scale violence and displacement.
- Lapse of paramountcy. Over 500 states became legally free to choose. Patel and V.P. Menon used accession and merger to unify them.
- Dominion status as a bridge. India stayed a dominion until 26 January 1950, then became a republic while staying in the Commonwealth (London Declaration, 1949).
- Constitutional autonomy. The power to repeal even the Independence Act let India make a home-grown constitution with a clean legal break (Article 395).
- Way forward / linkage: link to the Constituent Assembly's dual role and the integration of states (Hyderabad, Junagadh, Jammu and Kashmir).
- Example: Hyderabad, which did not accede in 1947, was integrated after police action (Operation Polo) in September 1948.
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