THE INDIAN INDEPENDENCE

ACT 1947 & BIRTH OF

INDIAN CONSTITUITION

INTRODUCTION : Indian Independence Act 1947 was the

legislation passed and enacted by the British Parliament that officially declared the Independence of India. The Parliament of the United Kingdom passed the Act which partitioned British India into 2 separate and Independent Act was designed by the Prime Minister Clement Attlee as Indian Political Parties agreed on the transfer of power from the British Government and the Partition of India…….

HISTORY : On 3rd June 1947, a plan was announced that

was proposed by the British Government which included the following Principles :

Principle of Partition of India was approved by the British Government.

Successor governments would receive dominion status.

The British rule of India should be over in June 1947.

an Independent dominion of Pakistan shall be created out of the Provisions of West Bengal, Sindh , North West Frontier Province and East Bengal.

Both the Indian and Pakistan Dominions would be members of the British Commonwealth and was allowed to leave whenever they pleased.

the British monarch shall be permitted to remove the title of Emperor of India from the Royal Style and Titles. King George VI subsequently removed the title by Order in council on June 22 , 1948.

PROVISIONS :• CREATION OF TWO DOMINION-

INDIA & PAKISTAN : The Act provides for the Partition of India and

establishment of two independent Dominions-India & Pakistan from August 15 , 1947. The word Independent signified the absence of any external restraint.

• LEGISLATIVE SUPERMACY OF THE DOMINIONS OF INDIA & PAKISTAN :

The Act provided for the legislative supremacy of the dominions. The Governor General of either dominion was empowered to promulgate ordinances to meet emergencies as provided under the Government of India Act 1935 was done away with.

• FREEDOM OF BRITISH RULE : The most epoch-making effect of the effect of the

Act was that India no longer remained a dependency of British Empire. Like other dominions , it now gets the status of an Independent Nation. thus , the British period in India came to an end after nearly three and half centuries of trading ,two centuries of Political Power and 130 years of General Supremacy.

• LAPSE OF THE INSTRUMENT OF INSTRUCTION :

Section 18 of Indian Independence Act provided that the existing instrument of instructions of the Governors and Governor General shall lapse with the coming into effect of this Act . The reason being that the Governor General and the Governors were now required to act as the Constitutional heads in future and , therefore , instruments of instructions were no longer necessary for them.

There was no longer any executive council as under the Government of India Act , 1935.The Governor General or the Provincial Governor was not to act on the advice of the council of ministers enjoying confidence of dominion legislature the Constituent Assembly or the Provincial legislature, the case may be . The Governor General was empowered to promulgated ordinances to meet emergencies as provided under the Government of India , 1953. such ordinance could remain in force for six months only until they were superseded by an act of the enforcement of the Indian Independence Act.

INDIA’S STATUS IN COMMONWEALTH NATIONS:

After the Indian Independence Act 1947 , the status of dominion was virtually one of Independence . The link that existed between them and the British crown was for their own benefit and not a burden in any way.

The Judicial committee of privy council in their decision in a Canadian case had observed:”since the statue of west minister , 1931 , there is no limit to the sovereignty of dominion legislature and so it seems that the question whether the dominion can legally secede from British Commonwealth must be answered in affirmative.”

Birth of indian constitution : The Constitution of India was drafted by

the Constituent assembly . The Constituent assembly held its first sitting on the 9th December , 1946.it reassembled on the 14th August , 1947 , as the Sovereign Constituent Assembly for the dominion of India. The proposed Constitution had been outlined by various Committees of the Assembly like:

• UNION CONSTITUTION COMMITTEE • THE UNION POWERS COMMITTEE• COMMITTEE ON FUNDAMENTAL RIGHTS it was after a general discussion on the reports of

these committees that the assembly appointed a Drafting Committee on the 29th August , 1947. the drafting committee, under the chairmanship of Dr. Ambedkar , embodied the decision of the assembly with alternative and additional proposals in the form of a ‘draft Constitution of India which was published in February , 1948. the Constituent Assembly next met in November , 1948 , to considered the provisions of the draft , clause by clause.

After several sessions the consideration of the clauses or second reading was completed by the 17th october , 1948.the constituent assembly next met in 14th november , 1949 , for the third reading and finished it on the 26th november , 1949 , on which date the constitution received the signature of the president of the assembly and was dedared as passed.the provisions relating to citizenship , elections , provinsional parliament , temporary and transitional provisions , were given immediate effect .

CONSTITUENT ASSEMBLY : The first historical session of Indian Constituent assembly

held its meeting on 9th December , 1946under the chairmanship of Dr. Sachidananda Sinha. On 11th December , it elected Dr. Rajendra Prasad as its permanent president. The membership of the constituent assembly included all eminent Indian leaders. Though the constituent assembly consisted of 296 members . Amongst the 210 members who attended the first historical session of the constituent assembly , there were 155 high caste Hindus , 30 schedule caste representatives , 5 Tribals , 5 Sikhs , 5 Indian Christians , 3 Anglo Indians , 3 Parisis and 4 Muslim members.

Though the Constituent Assembly had 80 Muslim members out of total 296 members , their attendance was very poor as because the Muslim league had called upon the Muslim members to boycott the first Historical session of Constituent Assembly. The election results , particularly the big majority secured by the congress , unnerved the Muslim League. It passed two resolutions. By the first , it withdrew support from the cabinet Mission Plan and by the second it resolved the resort to direct action for achieving Pakistan. It decided to boycott the Constituent Assembly. It celebrated 16th August , 1946 as the Direct Action Day.

At the time of its establishment , the Constitution Assembly was not a Sovereign body. It stood organized on the basis of the Cabinet Mission plan. Its powers were derived from the Sovereign authority of British Parliament. Some Indian leaders held the view that the Constituent Assembly was not a Sovereign body. The Assembly resolved this issue by adopting : “ the Assembly should not be dissolved except by a resolution assented to b y at least 3/3rd of the whole number of members of the Assembly. Once constituted it could not be dissolved even by Britain.” when on 15th august , 1947 , India became Independent ; the Constituent Assembly became a fully sovereign body and remained so till the inauguration of the Constitution of India.

THE OBJECTIVES RESOLUTION PASSED AND ADOPTED BY THE CONSTITUTION ASSEMBLY READ AS UNDER :

1. “ the constituent assembly declares its firm and solemn resolve to proclaim india as an independent sovereign republic and to draw up for the future governance a constitution.

2. Where that territories that now comprise British India , the territories that now from the Indian states as well as such other territories as are willing to be Constituted in to the Independent Sovereign India , shall be a union of them all.

3. Wherein adequate safeguards , shall be provided for Minorities , backward and Tribal areas , and depressed and other backward classes.

4. Where shall be guaranteed and secured to all the people of India , justice , economic and political ; equality of status and of opportunity before the law , freedom of thought , expression belief , faith , worship , vocation , association and action subject to law and public morality.

5. The Ancient land attains its rightful and honored place in the world and makes its full and willing Contribution to the promotion of world peace and the welfare of mankind.”