The Partition of India 1947
Partition of 1947
The Indian Independence Act, 1947, which marked the final stage in the constitutional evolution of the country from a dependency on the British Government to a fully independent nation, provided an interim constitution to both India and Pakistan by means of amending the Act of 1935, by the Adaptation Orders, and this was to operate till the Constituent Assembly of the country concerned was able to draw up and enact its own Constitution. The adaptations, however, repudiated all those clauses under the Act of 1935 which had stood in the way of the country's exercise of sovereign power. The Act of 1858 had transferred the Government of India from the East India Company to the Crown, and the Governor-General of India was a subordinate official under the Secretary of State who was responsible to the British Parliament.
Under the Indian Independence Act, 1947, India was declared to be an independent country and the suzerainty of the British Crown was to lapse with effect from 15 August 1947. The office of the Secretary of State for India was consequently abolished. The Government of India was no longer to be carried on in the name of His Majesty. The Governor-General and Provincial Governors were reduced to the positions of constitutional heads. With a change in the status of the Governor-General, the Executive Council provided under the earlier Acts also ceased to function and the Governor-General at the Central level and the Provincial Governors at the Provincial levels were now to act on the advice of a Council of Ministers having the confidence of the Central or the Provincial Legislatures, as the case might be. Powers which so far rested with the Governor-General, or the Provincial Governor 'acting in his discretion,' or 'individual judgment' were removed. The Governor-General and the Provincial Governor no longer possessed any extraordinary power of legislation through Acts, Proclamations and Ordinances, unless advised to do so by the respective Council of Ministers. The Governor no longer had the power to suspend the Provincial Constitution. The Constituent Assembly which had already been busy with framing a new Constitution for India was now to function as the Central Legislature of the country, in addition to its responsibilities of framing the Constitution. In other words, it was both a legislative and a constituent body now. Under the Indian Independence Act, 1947, India and Pakistan were two completely sovereign States on the 'appointed day,' that is, 15 August 1947.
India Towards Independence
- The Cripps mission
The British government (before Indian Independence) has finally committed to the principle that any decision about the future status of India would have to be taken by the Congress and the Muslim League...
- The Cabinet Mission Plan
The rejection of the Cripps proposals was followed by the Quit India campaign, launched by the Congress in August 1942 and the conference convened by Lord Wavell the Governor-General, at Simla, where an...
- The Mountbatten Plan
The next step taken by the British government was to send Lord Mountbatten to India as Governor-General in place of Lord Wavell in order to arrange how, and when, power was finally to be transferred into the...
- The Partition of India 1947
The Indian Independence Act, 1947, which marked the final stage in the constitutional evolution of the country from a dependency on the British Government to a fully independent nation, provided an interim...
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