Act of Parliament | |
Long title | 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. |
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Citation | 10 & 11 Geo. 6. c. 30 |
Territorial extent | |
Dates | |
Royal assent | 18 July 1947 |
Commencement | 15 August 1947 |
Repealed | 26 January 1950 (India) 23 March 1956 (Pakistan) |
Other legislation | |
Repealed by | Constitution of India (India) Constitution of Pakistan of 1956 (Pakistan) |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Indian Independence Act 1947 (10 & 11 Geo. 6. c. 30) is an act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 July 1947 and thus modern-day India and Pakistan, comprising west (modern day Pakistan) and east (modern day Bangladesh) regions, came into being on 15 August. [1] [lower-alpha 1]
The legislature representatives of the Indian National Congress, [2] the Muslim League, [3] and the Sikh community [4] came to an agreement with Lord Mountbatten, then Viceroy and Governor-General of India , on what has come to be known as the 3 June Plan or Mountbatten Plan.
Clement Attlee, the Prime Minister of the United Kingdom, announced on 20 February 1947 that:
The 3rd June 1947 Plan was also known as the Mountbatten Plan. The British government proposed a plan, announced on 3 June 1947, that included these principles:
The Act's most important provisions were:
The Act also made provision for the division of joint property, etc. between the two new countries, including in particular the division of the armed forces.
There was much violence, and many Muslims from what would become India fled to Pakistan; and Hindus and Sikhs from what would become Pakistan fled to India. Many people left behind all their possessions and property to avoid the violence and flee to their new country. [11]
On 25 July 1947, Mountbatten held a meeting with the Chamber of Princes, where he addressed the question of the princely states, of which there were 562. 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. Mountbatten ruled out any dominion status for any of the princely states, and advised them to accede to one or the other of the dominions, India and Pakistan, according to geographical contiguity. Although it was possible for the states to remain independent to some extent after 15 August, their dependency on the British government of India for defence, foreign affairs, communication and other matters rendered such freedom meaningless. [12] [13]
Lord Mountbatten continued as the first Governor General of independent India. Jawaharlal Nehru became the prime minister and Vallabhbhai Patel became the home minister.
Over 550 princely states, almost all of the states contiguous with the territory of India, acceded to India by 15 August. The exceptions were Junagadh, Hyderabad, and Jammu and Kashmir.
The princely state of Jammu and Kashmir, although governed by a Hindu ruler, had a predominantly Muslim population, with over 77.11% of its constituents identified as Muslims according to the 1941 census. The state, which was contiguous to both India and Pakistan, chose to remain independent (in status quo) "for the time being". Following a Pakistani tribal invasion, Hari Singh acceded to India on 26 October 1947, and the state was disputed between India and Pakistan. [14]
The state of Junagadh initially acceded to Pakistan but faced a revolt from its Hindu population. India considered the accession of Junagadh invalid because it violated the principle of geographical contiguity of the partition, but Pakistan argued that the maritime border of Junagadh is connected to Pakistan by sea route. 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 had a majority Hindu population but also a Muslim ruler with a large Muslim minority. The Nizam of Hyderabad wanted to get Dominion status. Hyderabad elected to maintain its independence and lobbied internationally for recognition. However, it faced the pro-communist Telangana Rebellion and agitation by Indian nationalists opposed to its independence. On 13 September 1948, the Indian government launched an invasion of Hyderabad called Operation Polo. The Hyderabadi military was defeated over five days of fighting. With his state about to be over run, the Nizam signed the Instrument of Accession, joining India. The formal integration of Hyderabad into the dominion of India took place much later on January 25, 1950, when the Nizam signed the Instrument of Accession with the central government. A day later, as India became a republic on January 26, the Nizam took over as the Raj Pramukh or governor.
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 instruments of accession to join Pakistan. These included Amb, Bahawalpur, Chitral, Dir, Kalat, Khairpur, Kharan, Las Bela, Makran, and Swat. [15] [16] The Khanate of Kalat initially elected to resume its independence, until 27 March 1948 when its ruler acceded to Pakistan.
The Indian Independence Act was subsequently repealed in Article 395 of the Constitution of India and in Article 221 of the Constitution of Pakistan of 1956, [17] both constitutions being intended to bring about greater independence for the new states. The Act has not been repealed in the United Kingdom, where it still has an effect, although some sections of it have been repealed.
The Jammu and Kashmir Instrument of Accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947.
The Partition of India in 1947 was the change of political borders and the division of other assets that accompanied the dissolution of the British Raj in the Indian subcontinent and the creation of two independent dominions in South Asia: India and Pakistan. The Dominion of India is today the Republic of India, and the Dominion of Pakistan—which at the time comprised two regions lying on either side of India—is now the Islamic Republic of Pakistan and the People's Republic of Bangladesh. The partition was outlined in the Indian Independence Act 1947. The change of political borders notably included the division of two provinces of British India, Bengal and Punjab. The majority Muslim districts in these provinces were awarded to Pakistan and the majority non-Muslim to India. The other assets that were divided included the British Indian Army, the Royal Indian Navy, the Royal Indian Air Force, the Indian Civil Service, the railways, and the central treasury. Provisions for self-governing independent Pakistan and India legally came into existence at midnight on 14 and 15 August 1947 respectively.
The governor-general of India was the representative of the monarch of the United Kingdom in their capacity as the emperor/empress of India and after Indian independence in 1947, the representative of the monarch of India. The office was created in 1773, with the title of governor-general of the Presidency of Fort William. The officer had direct control only over his presidency but supervised other East India Company officials in India. Complete authority over all of British territory in the Indian subcontinent was granted in 1833, and the official came to be known as the governor-general of India.
Events in the year 1947 in India. It was a very eventful year as it became independent from the British crown, resulting in the split of India and Pakistan. Many people died during partition and India became a democracy.
Events in the year 1948 in India.
A princely state was a nominally sovereign entity of the British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, subject to a subsidiary alliance and the suzerainty or paramountcy of the British crown.
Rajpramukh was an administrative title in India which existed from India's independence in 1947 until 1956. Rajpramukhs were the appointed governors of certain Indian provinces and states.
The Radcliffe Line was the boundary demarcated by the two boundary commissions for the provinces of Punjab and Bengal during the Partition of India. It is named after Cyril Radcliffe, who, as the joint chairman of the two boundary commissions, had the ultimate responsibility to equitably divide 175,000 square miles (450,000 km2) of territory with 88 million people.
The Constituent Assembly of India was partly elected and partly nominated body to frame the Constitution of India. It was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated by princely states. After India's independence from the British in August 1947, its members served as the nation's 'Provisional Parliament', as well as the Constituent Assembly. It was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933 and enshrined it as an Indian National Congress demand.
The Government of India Act 1935 was an act passed by the British Parliament that originally received royal assent in August 1935. It was the longest act that the British Parliament ever enacted until the Greater London Authority Act 1999 surpassed it. Because of its length, the act was retroactively split by the Government of India (Reprinting) Act 1935 into two separate acts:
The Instrument of Accession was a legal document first introduced by the Government of India Act 1935 and used in 1947 to enable each of the rulers of the princely states under British paramountcy to join one of the new dominions of India or Pakistan created by the Partition of British India.
The Dominion of India, officially the Union of India, was an independent dominion in the British Commonwealth of Nations existing between 15 August 1947 and 26 January 1950. Until its independence, India had been ruled as an informal empire by the United Kingdom. The empire, also called the British Raj and sometimes the British Indian Empire, consisted of regions, collectively called British India, that were directly administered by the British government, and regions, called the princely states, that were ruled by Indian rulers under a system of paramountcy, in favor of the British. The Dominion of India was formalised by the passage of the Indian Independence Act 1947, which also formalised an independent Dominion of Pakistan—comprising the regions of British India that are today Pakistan and Bangladesh. The Dominion of India remained "India" in common parlance but was geographically reduced by the lands that went to Pakistan, as a separate dominion. Under the Act, the King remained the monarch of India but the British government relinquished all responsibility for administering its former territories. The government also revoked its treaty rights with the rulers of the princely states and advised them to join in a political union with India or Pakistan. Accordingly, one of the British monarch's regnal titles, "Emperor of India," was abandoned.
Before it gained independence in 1947, India was divided into two sets of territories, one under direct British rule, and the other consisting of princely states under the suzerainty of the British Crown, with control over their internal affairs remaining to varying degrees in the hands of their hereditary rulers. The latter included 562 princely states which had different types of revenue-sharing arrangements with the British, often depending on their size, population and local conditions. In addition, there were several colonial enclaves controlled by France and Portugal. After independence, the political integration of these territories into an Indian Union was a declared objective of the Indian National Congress, and the Government of India pursued this over the next decade.
The Dominion of Pakistan, officially Pakistan, was an independent federal dominion in the British Commonwealth of Nations, which existed from 14 August 1947 to 23 March 1956. It was created by the passing of the Indian Independence Act 1947 by the British parliament.
In February 1948, the princely state of Junagadh, located in what is now the Indian state of Gujarat, was annexed to the Union of India after a dispute with the Dominion of Pakistan, regarding its accession, and a plebiscite. Junagadh had been a princely state under the suzerainty of the British Crown, until independence and partition of British India in 1947.
United Bengal was a proposal to transform Bengal Province into an undivided, sovereign state at the time of the Partition of India in 1947. It sought to prevent the division of Bengal on religious grounds. The proposed state was to be called the Free State of Bengal. A confessionalist political system was mooted. The proposal was not put up for a vote. The British government proceeded to partition Bengal in accordance with the Mountbatten Plan and Radcliffe Line.
Junagarh or Junagadh was a princely state in Gujarat ruled by the Muslim Babi dynasty in India, which acceded to the Dominion of Pakistan after the Partition of British India. Subsequently, the Union of India annexed Junagadh in 1948, legitimized through a plebiscite held the same year.
Hyderabad State was a state in Dominion and later Republic of India, formed after the accession of the State of Hyderabad into the Union on 17 September 1948. It existed from 1948 to 1956. Hyderabad State comprised present day Telangana, Marathwada and Hyderabad-Karnataka
The States Reorganisation Act, 1956 was a major reform of the boundaries of India's states and territories, organising them along linguistic lines.
A standstill agreement was an agreement signed between the newly independent dominions of India and Pakistan and the princely states of the British Indian Empire prior to their integration in the new dominions. The form of the agreement was bilateral between a dominion and a princely state. It provided that all the administrative arrangements, existing between the British Crown and the state would continue unaltered between the signatory dominion and the princely state, until new arrangements were made.