DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY, LUCKNOW

FORMAL TRANSFER OF POWER TO INDIA : INDIAN

INDEPENDENCE ACT OF 1947.

By- Divyansh Rathi

~Abstarct~
This is a Research Paper that discusses the role and impacts of transfer
of power to India and what impacts it places on the lives of the general
public of India at that point of time. The discussion and Research
conducted are truly transparent. Footnotes and Endnotes plus at the end
Bibliography is provided to make the project more reliable and
Authentic.
When power was transferred to India by the British?
The British transfer power completely to independent India after the
historical act of the Indian Independence Act 1947 where is the British
divided and declared India and Pakistan as independent Nations.
This research paper which is written by Divyansh Rathi a student of
National Law University Lucknow will place forward Internation
Overview, national laws, and exceptions in the law so that this Star-
crossed situation can be administered.
 TABLE OF CONTENTS
~Abstarct~.................................................................................................1

TABLE OF CONTENTS.........................................................................2

ACKNOWLEDGMENT.................................................................................4

DECLARATION..........................................................................................5

~Abstarct~.................................................................................................6

I. INTRODUCTION...................................................................................7

II. HISTORICAL BACKGROUND............................................................9

ATTLEE'S ANNOUNCEMENT............................................................................................9

3 JUNE PLAN.....................................................................................................................9

ROYAL ASSENT..............................................................................................................10

III. PROVISIONS...................................................................................11

IV. IMPACT OF THE ACT...................................................................13

V. REPEAL OF THE ACT........................................................................13

VII. DEVELOPMENTS AFTER THE ACT.................................................14

IX. CONCLUSION..................................................................................15
CHALLENGES & OPPORTUNITIES AFTER INDEPENDENCE.................................15

X. REFERENCES...................................................................................17

XI. BIBILOGRAPHY..............................................................................18
 ACKNOWLEDGMENT

I would like to express my deepest gratitude and respect to Dr. Vandana Singh,
who gave me the opportunity to do this interesting project on the topic “Formal
Transfer of Power to India: Indian Independence Act Of 1947.” which helped
me in exploring and researching on the topic in great depth and enriched my
knowledge on the same. This project also provided me with a chance to improve
my writing skills. I hope to be able to provide a project which is well researched
and enriching for the readers and justifies the opportunity given to me. I also thank
my friends and seniors who provided their continuous insights for improving my
project and encouraged me to complete the project within the given time frame.

DIVYANSH RATHI

Enrollment No.- 230101054

B.A. LL.B. (Hons.)

3rd Semester, Section ‘A’

 DECLARATION

I hereby declare that the PROJECT: Formal Transfer of power to India: Indian
Independence Act Of 1947. submitted by me to Dr. Ram Manohar Lohiya
National Law University, Lucknow, Uttar Pradesh in partial fulfillment
requirement for the award of the degree of B.A.L.L.B (Hons.) is a record of
bonafide project work carried out by me under the guidance of Dr. Vandana
Singh. Her guidance and advice carried me through all the stages of writing and
completing this project work. I further declare that the work reported in this project
has not been submitted, and will not be submitted either in part or in full, for the
award of any other degree or diploma in this institute or any other university.
FORMAL TRANSFER OF POWER TO INDIA: INDIAN

INDEPENDENCE ACT OF 1947

"Freedom is never dear at any price. It is the breath of life. What would a man not pay
for living"

~~ Mahatma Gandhi

~Abstarct~

This is a Research Paper that discusses the role and impacts of transfer
of power to India and what impacts it places on the lives of the general
public of India at that point of time. The discussion and Research
conducted are truly transparent. Footnotes and Endnotes plus at the end
Bibliography is provided to make the project more reliable and
Authentic.
When power was transferred to India by the British?
The British transfer power completely to independent India after the
historical act of the Indian Independence Act 1947 where is the British
divided and declared India and Pakistan as independent Nations.
This research paper which is written by Divyansh Rathi a student of
National Law University Lucknow will place forward Internation
Overview, national laws, and exceptions in the law so that this Star-
crossed situation can be administered.
 I. INTRODUCTION

The Indian Independence Act, which was passed by the Parliament of the United
Kingdom on July 18, 1947 provided the framework of two distinct nation-states, India
and Pakistan, out of the areas known prior to the 1935 Government of India Act as
simply "India". This statute, passed well over three-quarters of a century into the Indian
independence movement, came into effect only on August 15, 1947, less than thirty days
after it was enacted.
Direct British rule in India was established in 1858, after the Indian Mutiny-a rebellion
against the supremacy of the East India Company. The direct rule was meant to increase
Indian representation at the same time as strengthening British imperial interests-but
grievances and injustices had to follow, fueling an already growing independence
movement. Campaigns of noncooperation and civil disobedience were putting pressure
on the British authorities to concede self-governance to India by the 1920s; in 1930, the
Indian National Congress passed the Purna Swaraj resolution, advocating complete
independence. The turmoil in India following World War II influenced a fatigued Britain
to strategize its withdrawal from the subcontinent.

The rapid partition of India was a conciliatory proposal made in June 1947 by Lord
Mountbatten, the British viceroy of India, who sought to end disputes on communal
representation within an independent India and was one of the most critical components
of the legislation. The strategy proposed that the Indian National Congress assume
authority over the majority of India, whereas the Muslim League, apprehensive about the
prospect that India's substantial Muslim minority would be excluded from a Hindu-led
government, would govern areas with predominantly Muslim demographics. Actually,
the execution of the plan forced a massive population transfer, coupled with appalling
religious bloodshed, as about 15 million Hindus, Sikks, and Muslims eagerly attempted
to cross the hastily demarcated borders before the division was effective.
The planned transfer of power went into effect at midnight on the night of August 14-15.
Lord Mountbatten marked this transfer of power with formal ceremonies held in Karachi,
Pakistan, on August 14, and in New Delhi, India, on August 15. Both nations observe
Independence Day on these dates.

II. HISTORICAL BACKGROUND

ATTLEE'S ANNOUNCEMENT:

Clement Attlee, the Prime Minister of the United Kingdom, announced on 20 February
1947 that:

1. The British Government would grant full self-government to British India by 30

June 1948 at the latest,

2. The future of the Princely States would be decided after the date of final transfer is
decided.

3 JUNE PLAN:

The plan announced on 3 June 1947, referred to as the Mountbatten Plan, was put
forward by the British government. This proposal encompassed the following principles:

1. Principle of the partition of British India was accepted by the British Government

2. Successor governments would be given dominion status

3. Autonomy and sovereignty to both countries

4. Can make their own constitution

5. Princely States were given the right to join either Pakistan or India, based on two
major factors: Geographical contiguity and the people's wishes.

 The Indian Independence Act of 1947 became the 3rd June Plan's implementation.
 The Act determined that India and Pakistan would get independence on August 15,
1947.
 The Boundary Commission might draw the new boundaries of the dominions.
 The British suzerainty over the princely states ended. These states must decide
whether to join both India and Pakistan or to remain independent. Over 560 states are
adamant in joining India.
 Until the constitutions of the new dominions become operative, the heads of the
country will be the respective Governor-Generals, who will be able to agree to
legislation passed in the name of the monarch via the Constituent Assemblies.
 On July 18, 1947, this Act received royal assent and went into effect.
ROYAL ASSENT

The Indian Independence Act was passed by the British Parliament on July 5, 1947. It
received royal assent from the then British monarch George VI on July 18, 1947. It
abolished the title of the 'Emperor of India' from the British Crown. George VI issued a
royal proclamation whereby he declared that the word 'Emperor of India' shall be
hereafter, omitted from his titles and styles.
 III. PROVISIONS

The Act's most important provisions were:

❖ On August 15, 1947, British authority left India.

❖ India will be partitioned into two independent provinces, India and Pakistan, with
each state becoming sovereign on this day.
❖ The powers previously wielded by British authority in India might be handed to
each of those states.
❖ Punjab and Bengal will be partitioned, and their borders will be drawn by a
commission led by Mr. Redcliff.
❖ The position of Secretary of State for India will be abolished.
❖ The Governor-General for each province was to be appointed by the Queen of
England on the advice of the Dominion government. He was not to act on his own
discretion or judgement, but only as the constitutional head of the state.
❖ To establish the regulations, each Domain must have its own legislature. No
British Parliament Act will automatically apply to India.
❖ Both countries will have a Constituent Assembly that will also function as a
legislative body.
❖ It will follow the 1935 Act as closely as practicable until a Constitution is drafted
by a Constituent Assembly in any dominion.
❖ Provincial governors will serve as the provinces' constitutional heads.
❖ The practise of reserving Secretary of State positions should be abandoned.
Government employees who wish to quit following the transfer of authority to
both dominions must do so.
❖ The British rule over India's states and tribal regions will end on August 15, 1947.
In this case, power will be passed to states rather than dominions, and states will
be free to join either India or Pakistan.
❖ The UK government's connection with India will now be controlled by the Office
of Commonwealth Affairs.
❖ The title of King and Emperor of India was surrendered by the King of England.
❖ East Bengal, West Pakistan, Sindh, and British Baluchistan are all Pakistani areas.
If the NWFP votes in a referendum to join Pakistan, this territory will also join
Pakistan.

IV. IMPACT OF THE ACT

 The Indian Independence Act of 1947 was a defining moment in constitutional

history.
 As Attlee described it, it was "the culmination of a protracted chain of events" in
India, "the accomplishment of the British mission."
 In the House of Lords, Lord Samuel described the Law as "a peace treaty without
war."
 Even Indian authorities applauded the passage of this Act. Dr. Rajendra Prasad, for
example, stated that British dominion over India ends today and that our
relationship with the UK will be maintained on the basis of equality, kindness, and
mutual understanding.
 The law signalled the start of a new period of free India, although many people
and leaders were dissatisfied with it.
 According to Maulana Abul Kalam Azad, "August 14 is a day of mourning for
Hindus and Sikhs in Pakistan."
 The termination of British sovereignty over Indian states, whether by accession to
the Dominion or independence, poses a severe threat to India's unity. Nation.
 Despite these flaws, it is impossible to deny that the Indian Independence Act of
1947 signified the end of British control in India and the beginning of a free India.
 V. REPEAL OF THE ACT
❖ The statute gave both provinces the authority to annul any act of parliament that
applied to them, including the Indian Independence Act.
❖ Later, by creating their respective constitutions, India and Pakistan abrogated the
1947 Independence Act.
❖ The Indian Independence Act 1947 was effectively repealed by Section 395 of the
Indian Constitution and Section 221 of the Pakistan Constitution of 1956.
❖ The status of dominion was also removed with the passage of the Indian
Constitution, and India became a republic.
❖ Surprisingly, the British Parliament has yet to contribute to the repeal of the Indian
Independence Act of 1947.
❖ Although the new constitution lacks the legal authority to repeal legislation, this is
done to break the chain of law and establish the constitution as an independent
legal system.

VII. DEVELOPMENTS AFTER THE ACT

Following the transfer of authority by the Independence Act, there were various
developments. In 1949, the Indian Constituent Assembly created the Indian Constitution,
which went into effect on January 26, 1950, establishing India as a republic. Pakistan, on
the other hand, became an official republic on March 23, 1956.

The merging of princely states was a significant issue. The majority of the princely states,
however, signed the instrument of accession to one of the dominions. The majority of
princely states picked their domain based on geography. For example, states on the Indian
side of the border overwhelmingly voted to join India. On the Indian side, Sardar
Vallabhbhai Patel had a significant part in these events.

However, the Kashmir issue has remained a thorn in Indo-Pak ties. On this subject, the
two countries have been embroiled in a number of armed wars. One of these occurred
shortly after the country's independence in 1947. According to the United Nations'
announced ceasefire, both governments kept control of the Kashmir regions held by them
at the time of the ceasefire.
 IX. CONCLUSION
Colonialism was undoubtedly a considerably more traumatic experience for colonial
subjects than it was for their colonisers. Poverty, starvation, sickness, cultural upheaval,
economic exploitation, political disadvantage, and systematic programs aimed at
instilling a sense of social and racial inferiority were all experienced by them.
Over a billion people still live in Partition's shadow seven decades on. Identitive
fragmentation resulting from post-partition has marred the much-espoused ideal of
tolerance and acceptance, thus disrupting the social cohesion of the state. The political
exploitation of religious feelings has further split the society.

The Indian Independence Act acted as a prelude to Pakistan and the Indian states earning
independence. The British Crown handed over full sovereignty to the new states that
were just being established. British suzerainty was abolished, but the partition was
accompanied by a violent one that, to date, is among the world's largest forced
migrations, killing millions.

CHALLENGES & OPPORTUNITIES AFTER INDEPENDENCE.

During centuries of foreign control, vast amounts of money left India. While other
countries rapidly industrialised, its economy was stifled by onerous rules. Furthermore,
colonial agricultural practises contributed to the deaths of tens of millions of people as a
result of terrible famines.

But, After Achieving Independence From Britain, Will India Continue To Suffer
From Underdevelopment?

IN A NUTSHELL, NO.

In 2019, India's GDP exceeded that of the United Kingdom, and analysts anticipate
India's economy would soon overtake the United States and China as the world's third
biggest, following only the United States and China. High-quality information
technology services, such as data processing, information security, and communications,
have played a significant role in accelerating economic growth.

With a population of over 1.4 billion people, India has several issues. The country is still
dealing with a number of difficulties that are common in developing countries, such as
poverty, inadequate sanitation, economic inequality, and democratic backsliding.

Despite this, many Indians are optimistic about the future. For years, colonialism ravaged
India, yet the nation is once again becoming one of the world's capitals of manufacturing
and trade.
 X. REFERENCES

1. Hoshiar Singh, Pankaj Singh; Singh Hoshiar (2011). Indian Administration. Pearson Education
India. p. 10. ISBN 978-81-317-6119-9. Retrieved 2 January 2013.
2. ^ represented by Jawaharlal Nehru, Vallabhbhai Patel, and Acharya Kripalani
3. ^ represented by Muhammad Ali Jinnah, Liaqat Ali Khan, and Sardar Abdul Rab Nishtar.
4. ^ represented by Sardar Baldev Singh
5. ^ Ghose, Sankar (1993). Jawaharlal Nehru : a biography (1. publ. ed.). New Delhi [u.a.]: Allied
Publ. p. 151. ISBN 9788170233695.
6. ^ Zain, Omer Farooq (April 2006). "Siachen Glacier Conflict: Discordant in Pakistan-India
Reconciliation". Pakistan Horizon. 59 (2): 74–75. JSTOR 41394127. Retrieved 8 March 2021.
7. ^ Mehrotra, S.R. (1979). Towards Indias Freedom And Partition. Delhi: Vikash Publishing
House. p. 247. Retrieved 17 August 2019.
8. ^ See Section 7 (1) (b): "the suzerainty of His Majesty over the Indian States lapses, and with it,
all treaties and agreements in force at the date of the passing of this Act between His Majesty and
the rulers of Indian States, all functions exercisable by His Majesty at that date with respect to
Indian States, all obligations of His Majesty existing at that date towards Indian States or the
rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that
date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise."
9. ^ "Salient features of the act" (PDF). Retrieved 9 February 2013.
10. ^ "The history of partition". Retrieved 9 February 2013.
11. ^ Bhargava, R. P. (1991), The Chamber of Princes, Northern Book Centre, p. 313, ISBN 978-81-
7211-005-5
12. ^ Das Gupta, Jyoti Bhusan (2012) [first published 1968], Jammu and Kashmir, Springer,
p. 79, ISBN 978-94-011-9231-6
13. ^ Stein, Burton; Arnold, David (2010), A History of India, John Wiley & Sons, p. 359, ISBN 978-
1-4051-9509-6
14. ^ Behera, Navnita Chadha (2007), Demystifying Kashmir, Pearson Education India, pp. 12–
13, ISBN 978-8131708460
15. ^ "Article 221: The Government of India Act, 1935, and the Indian Independence Act, 1947,
together with all enactments amending or supplementing those Acts, are hereby repealed:
Provided that the repeal of the provisions of the Government of India Act, 1935, applicable for
the purposes of Article 230 shall not take effect until the first day of April, 1957."
16. ^ "India's benign constitutional revolution". The Hindu. Retrieved 20 October 2015.
 XI. BIBILOGRAPHY

1. Indian Independence Bill,1947

2. "Indian Independence Act 1947 (c.30)" (PDF). Original Statute from The UK Statute Law
Database. Office of Public Sector Information, National Archives, UK. Retrieved 30 April 2010.
3. "Indian Independence Act 1947 (c.30)" . Revised Statute from The UK Statute Law Database.
Office of Public Sector Information, National Archives, UK. Archived from the original on 15
October 2008. Retrieved 2 June 2008.
4. Image of the Act on the UK Parliamentary website
5. Prasenjit K. Basu " Asia Reborn: A Continent Rises from the Ravages of Colonialism and War to
a New Dynamism", Publisher: Aleph Book Company
6. Brian, Mac Arthur (1996) The Penguin Book of Historic Speeches ed. Penguin Books.
7. Buckland, C.E. Dictionary of Indian Biography (1906) 495pp full text
8. Kachru, Braj (1983) The Indianization of English, Oxford: Oxford University Press.
9. L, Klemen (2000). "Forgotten Campaign: The Dutch East Indies Campaign 1941–1942".
10. Moss, Peter (1999) Oxford History for Pakistan, a revised and expanded version of Oxford
History Project Book Three Oxford: Oxford University Press.
11. Ferguson, Niall (2004). Empire. Basic Books. ISBN 978-0-465-02329-5. Retrieved 22
July 2009.
12. Olson, James (1996). Historical Dictionary of the British Empire. Greenwood Publishing
Group. ISBN 978-0-313-29366-5. Retrieved 22 July 2009.
13. Marshall, PJ (1996). The Cambridge Illustrated History of the British Empire. Cambridge
University Press. ISBN 978-0-521-00254-7. Retrieved 22 July 2009.
14. Porter, Andrew (1998). The Nineteenth Century, The Oxford History of the British Empire
Volume III. Oxford University Press. ISBN 978-0-19-924678-6. Retrieved 22 July 2009.
15. Riddick, John F. The History of British India: A Chronology (2006) excerpt
16. Riddick, John F. Who Was Who in British India (1998); 5000 entries excerpt