The aftermath of the Second World War and the intensification of the Indian national movement forced a shift in British colonial policy. On February 20, 1947, British Prime Minister Clement Attlee issued a historic declaration in the House of Commons, announcing that the British government would transfer absolute power to responsible Indian hands no later than June 1948. This declaration aimed to resolve the political deadlock between the Indian National Congress and the All-India Muslim League regarding the constitutional future of a united India.
The Mountbatten Plan (June 3 Plan)
Lord Mountbatten was appointed as the last Viceroy of India to oversee the transfer of power. Faced with escalating communal violence and the Muslim League’s unyielding demand for a sovereign state, Mountbatten concluded that partition was inevitable. On June 3, 1947, he unveiled the Partition Plan, popularly known as the June 3 Plan or the Mountbatten Plan. This plan laid down the procedural framework for partitioning the subcontinent and accelerating the timeline for British withdrawal. The plan was formally accepted by both the Indian National Congress and the All-India Muslim League.
Introduction and Enactment of the Bill
The Indian Independence Bill was drafted based on the provisions of the Mountbatten Plan. It was introduced in the British Parliament on July 4, 1947. Demonstrating unusual legislative urgency, the bill was passed by both Houses of Parliament within a fortnight. It received Royal Assent from King George VI on July 18, 1947, officially becoming the Indian Independence Act, 1947 (10 & 11 Geo. 6 c. 30). The Act shifted the date for the transfer of power forward from June 1948 to August 15, 1947.
Key Constitutional and Structural Provisions
Creation of Two Independent Dominions
The Act terminated British rule over India and provided for the setting up of two independent and sovereign Dominions—India and Pakistan—with effect from August 15, 1947. Pakistan was to comprise East Bengal, West Punjab, Sindh, British Baluchistan, the North-West Frontier Province (NWFP), and the district of Sylhet in Assam.
Territorial Demarcation and Boundary Commissions
To delineate the precise international borders between the two new Dominions, the Act mandated the establishment of two separate Boundary Commissions for the partition of Punjab and Bengal. Both commissions were chaired by the British legal expert Sir Cyril Radcliffe. The resulting border alignments, known as the Radcliffe Line, were finalized and published on August 17, 1947.
Executive Administration via Governors-General
The Act provided that for each of the two Dominions, there would be a Governor-General appointed by the British Crown, who would represent the King for the purposes of the government of the Dominion.
- Dominion of India: Lord Mountbatten was requested by the Indian leadership to continue as the first Governor-General of independent India. Jawaharlal Nehru was sworn in as the first Prime Minister.
- Dominion of Pakistan: Muhammad Ali Jinnah became the first Governor-General of Pakistan, while Liaquat Ali Khan assumed office as the first Prime Minister.
Sovereign Powers of the Constituent Assemblies
The Act conferred absolute legislative sovereignty upon the Constituent Assemblies of both Dominions.
- Repeal of British Legislation: The Constituent Assemblies were empowered to frame and adopt any constitution for their respective nations and to repeal any Act of the British Parliament, including the Indian Independence Act itself.
- Provisional Governance Framework: Until the new constitutions were framed and implemented, each Dominion and all its provinces were to be governed in accordance with the Government of India Act, 1935, with necessary modifications and omissions. The Governor-General lost his discretionary power to veto laws or issue ordinances without the express advice of the Dominion Cabinet.
Lapse of Princely State Suzerainty
Under Section 7 of the Act, British paramountcy over the 562 Indian Princely States lapsed entirely on August 15, 1947. All treaties, agreements, and functions connecting the Crown with the states were terminated. The Princely States were declared legally independent and were granted the explicit choice to accede to either the Dominion of India or the Dominion of Pakistan, or to remain independent sovereign entities. This provision triggered a massive diplomatic integration exercise spearheaded by Sardar Vallabhbhai Patel and V.P. Menon.
Alteration of Regal Titles and Offices
The Act systematically dismantled the institutional symbols of British imperial authority over the subcontinent.
- Abolition of the Viceroyalty: The office of the Viceroy of India was abolished, replaced by the separate constitutional offices of the Governors-General for each Dominion.
- Abolition of the India Office: The office of the Secretary of State for India was abolished, and its residual duties were transferred to the Secretary of State for Commonwealth Relations.
- Omission from Royal Titles: The British monarch dropped the hereditary title of “Emperor of India” (Imperator Indiae) from the Royal style and titles via a subsequent Royal Proclamation.
Institutional Transition and Operational Chronology
The administrative partition of the subcontinent required the division of vast territorial, military, financial, and legislative assets under a strict timeline.
| Administrative Element | Statutory Provision / Mechanism | Practical Historical Outcome |
| Territorial Division | Plebiscites and Provincial Votes | Sylhet district voted to join East Pakistan; the NWFP referendum backed integration with Pakistan; Punjab and Bengal assemblies voted to partition their respective provinces. |
| Armed Forces Split | Joint Defence Council under Field Marshal Claude Auchinleck | The British Indian Army, Royal Indian Navy, and Royal Indian Air Force were divided between the two nations on a roughly 2:1 ratio based on religious demographics and strategic needs. |
| Financial Assets | Cash Balance Allocation Agreements | Total cash balances were divided, with India allocating 550 million rupees to Pakistan as its remaining share of the shared cash balances, following an initial transfer of 200 million rupees. |
| Legislative Continuity | Section 18 of the 1947 Act | All existing laws of British India remained in force within both Dominions until formally amended or repealed by their respective new sovereign legislatures. |
360° Constitutional Evolution: Transitional Sovereignty to Republic
The Dominion Interim Phase
Between August 15, 1947, and their transition to republics, both India and Pakistan held the legal status of British Dominions. They shared a common allegiances to the British Crown, and their citizens remained technically classified as British subjects. The King appointed the Governors-General on the direct advice of the respective domestic Prime Ministers.
Transition of India
India ceased to be a British Dominion on January 26, 1950, with the formal commencement of the Constitution of India. India transformed into a Sovereign, Democratic Republic, and the office of the Governor-General was replaced by the constitutional office of the President of India, with Dr. Rajendra Prasad taking the oath as the first President.
Constitutional Abolition of the 1947 Act
To ensure absolute legal break from British colonial authority, the framers of the Indian Constitution included Article 395. This article explicitly repealed both the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all their enactments and amendments. This successfully prevented any lingering colonial oversight or constitutional continuity with the British Parliament.
Transition of Pakistan
Pakistan retained its Dominion status for a longer duration. It ceased to be a Dominion on March 23, 1956, upon the adoption of its first formal constitution, which transformed the nation into the Islamic Republic of Pakistan, replacing the Governor-General with a President.
Trivia and Key Facts for UPSC Prelims
- Official Enactment Date: Passed by British Parliament and received Royal Assent on July 18, 1947.
- Sponsor Prime Minister: Clement Attlee of the Labour Party.
- The “Dictator” Clause: Section 9 of the Act granted the Governors-General extraordinary powers to issue temporary orders until March 31, 1948, to facilitate the smooth division of assets, liabilities, and administrative machinery.
- The Sylhet Referendum: Sylhet, originally a part of the province of Assam, held a referendum in July 1947 where the majority voted to separate from Assam and merge with East Bengal (Pakistan).
- Civil Services Protection: The Act guaranteed that members of the Secretary of State’s Civil Services (ICS) appointed before August 15, 1947, who chose to serve either government, would continue to enjoy their original service conditions, pension rights, and disciplinary immunities.
- Last British Military Departure: While political authority was transferred on August 15, 1947, the last contingent of British troops, the 1st Battalion of the Somerset Light Infantry, formally sailed home from the Gateway of India in Bombay on February 28, 1948.