In
order to give effect to the Plan of June 3, the British Parliament on July 18,
1947, passed an Act known as the Indian Independence Act, 1947.
Lord
Mountbatten reached India on March 24, 1947. As soon as he reached, he declared
that he will complete the work of transfer of power into the Indian hands
within the next few months and he held consultations with the Indian leaders
for this purpose in the meanwhile the Indian Independence Bill was presented before
British Parliament on July 4, 1947 and was passed by Parliament on July 18,
1947. The Act provided as under:-
1.
The partition of India and the establishment of two dominions of India and
Pakistan from August 15, 1947. The dominion of Pakistan would include Provinces
of Sindh, N.W.F.P the British Baluchistan, east Bengal, West Punjab and the
states which would accede to Pakistan. The act also provided for the
Legislature of the two dominions.
2.
It conceded c9omplete cessation of British control over Indian affairs from
August 14, 1947. Thereafter the powers of the British Government and Parliament
over the India and Pakistan would cease altogether.
3.
It provided for the creation of two constituent assemblies for two dominions.
All powers were to be vested in the constituent assembly of each dominion. Each
constituent assembly thus became the sovereign law-making body in each dominion
with full powers to frame her constitution in any way it might decide.
4.
Both the dominions were given full right to decide whether to remain with the British
Commonwealth of Nations or to come out of it.
5.
Until a new constitution was framed for each dominion, the Act made the
existing constituent assemblies the domination legislature for the time being.
The assemblies were to exercise all the powers which were formerly exercised by
the central legislature. This was in addition to its powers regarding the
framing of new constitution.
6.
Till the framing of the new constitution each of the dominions and all the
provinces were to the overfed in accordance with the government
of India Act, 1935. Each dominion was authorized to emend the government
of Indian Act, 1935 under the Independence Act 1947.
7.
The right of the King to veto laws or to reserve laws for his pleasure was
given up. Under the Independence Act of 1947, this right was given to the
Governor-General. He was also given the full right to assent in the name of his
majesty to any law of the dominion legislature made in its ordinary legislative
capacity.
8.
The act provide for the termination of the suzerainty of the crown over the
Indian States. All treaties, agreements, exercisable by his Majesty with regard
to States and their rulers were to lapse for 15 august, 1947. It was also
provided that the existing arrangements between the Government of Indian states
were to continue pending the detailed negotiations between the Indian states
and the new dominions. The rulers of the dominion keeping in view the majority
of their population.
9.
Agreement with the tribes of the North-Western frontier of India was to be
negotiated by successor dominion.
10.
The office of the Secretary of state’s fro India was to be abolished and his
work was to be taken over by the secretary of the state for commonwealth
affairs.
11.
The title of “Emperor of India” was to be dropped from the royal style and
titles of the King of England.
12.
All the Civil and Army servants were given full option to join either of the
Dominion.
13. It
was provided that 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 purpose of the Government of the dominions.
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