INDIAN INDEPENDENCE ACT JULY 1947

Indian Independence Act July 1947

Introduction:

To give legal shape to the June 3 Plan, the Indian Independence Act was promulgated (July 1947). In other words to give legal shape to the June 3^rd plan this law which is called as the Indian independence Act was promulgated. The British were winding up their rule in India through constitutional and legal means and that was done through this Act as I earlier said passed by the British parliament and it was passed by the British parliament. What were the provisions of this Act?

Two independent dominion states:

·                     The first and the most significant provision of this Act was that two independent dominion states would be established in India on August 15, 1947. Here two things are important for our understanding, first the date for independence for Pakistan and India was given 15^th August 1947, if we go back to Feb., announcement we find that Lord Attlee said that there would be self govt in India by June 1948, In other words the date was advanced.

The dominion status:

·                     The 2^nd point here is the dominion state or the dominion status, this means practically an independent state, the only difference is the dominion which is the British common wealth system, the state owe their allegiance to the British Crown although the British Crown cannot interfere in day to day affairs of the states, therefore the grant of the status of the dominion state both to India and Pakistan meant that they will be fully independent and sovereign states.

Legislatures:

·                     3^rd important provision of this act was that their legislatures will have all powers to make laws for the respective states that is Indian legislature for India Pakistani legislature for Pakistan.

The government of India act 1935:

·                     The 4^th important provision of this act was that the Government of India Act, 1935, to be interim constitution of these states, subject to changes due to Indian Independence Act 1947.

The Governor General:

·                     Another provision was that the Governor Generals can amend the Interim Constitution until March 31, 1948. to deal with difficult and emergency situations.

Princely status:

·                     It said that All arrangements between the British and the Princely states to come to an end and they are free to have new arrangements with the new states or the successor states which are India and Pakistan.

The king of India:

·                     The provision of this Act was that the British King will no longer use the title of the King of India.

The interim constitution:

Now if we look at the provisions of this Act on the bases of which India and Pakistan came into existence as independent and sovereign states, I may refer back to the reference of the govt of India Act 1935. Indian independence Act declared that the govt of India Act 1935 will be the interim constitution of both the countries India and Pakistan. This Act of 1935 was passed by the British parliament in 1935 and in 1937 its provincial part was introduced and its federal part was never introduced in India. An important provision of this act was that no legislature central or the provincial could amend this law but only the British parliament can amend this act of 1935. Once this Act was passed its position changed all together. From 15, August 1947 the Indian and Pakistani legislature were given the rights to amend this constitution as they wished.

The first Interim constitution of Pakistan:

It also provided that the GG can also bring some changes in the Govt of India Act in order to deal with the situation as it existed at that time. In other words the 1^stinterim constitution of Pakistan was the govt of India Act 1935 as adopted in Pakistan in the light of the Indian independence Act 1947 and this is also described as the interim constitution of Pakistan because from 15^th August this constitution became operative and the same was the case with India. In both these countries this constitution began to function until they had their own constitution. Now we move on to the last section of our lecture today or how the June 3^rd plan as Indian Independence Act of 1947 were actually implemented and that is the partition process how Indian independence Act became a reality and two independent states came into existence.

The Partition Process

Punjab

In the case of Punjab, The Punjab Legislative Assembly held its session in Lahore and its members and the members from Muslim and Non-Muslim members met separately. The Muslim members favoured joining new CA which means they opted for Pakistan. The non-Muslims voted for partition of Punjab and joining India and Punjab was partitioned.

Bengal

Same procedure applied to the Bengal Assembly the Muslim members favoured joining new CA while non-Muslims favoured partitioning and joining India. In other words the Bengal Assembly opted for Pakistan.

Sindh

In case of Sindh the Sindh Assembly voted to join Pakistan. In this way Sindh became part of Pakistan.

NWFP

Here the Indian Independence Act provided for a referendum and the registered voters wanted to join Pakistan or India. Avery clear majority voted to join Pakistan. Although the govt in the province was not in favour of joining Pakistan. Referendum decided in favour of Pakistan while Dr. Khan’s govt. boycotted it after it became clear that it would lose. And the Khudai Khidmargaar wanted a 3^rd option to be given but there was no provision for that therefore Referendum brought NWFP into Pakistan.

Baluchistan

Baluchistan was not a full province at that time so the procedures adopted for the other provinces could not be adopted for Baluchistan. Whatever democratic system existed was used there, the elected members of Quetta Municipal Committee were asked to vote and they voted overwhelmingly for Pakistan. In addition to this Shahi Jirga was held where tribal chiefs participated and they also opted to join Pakistan and so far as the states were concerned they for Pakistan later on.

Sylhet

For Sylhet district a Referendum was held to join East Bengal and East Bengal had already opted to join Pakistan.

If you look at the procedure which I have explained to you it becomes very clear that differences that opted through a democratic process for Pakistan. The democratic system as it was existed at that time. The voters that were registered at that time, they participated in Referendum and in case of Baluchistan whatever participatory system was there was used. So, in other words Pakistan comes into existence through a democratic process and the democratic institutions which existed at that time were brought into and only then Pakistan came into existence and it was commendable and it was the result of a political struggle and an exercise of the democratic rights of the people of the area that constituted Pakistan.

Governor General’s Issue:

Mountbatten wanted to be joint GG (Governor General) of India and Pakistan while ML decided to appoint Jinnah as the first Governor General of Pakistan in July.

Transfer of Power:

Now let me say few words about the transfer of Power. Q.A. reached Karachi one weak before

1^st meeting of the Constituent Assembly was held on August 11, 1947 and the CA comprised the members from the districts. Q>A. addressed the CA and was elected as the president of the CA the ceremonies for transfer of power were held on August 14. Since Mountbatten was in both ceremonies in Delhi and in Karachi. Although the ceremonies for transfer of power were held on August 14^th but Q. A. took oath as the first GG of Pakistan on the morning of 15^th August. The first cabinet led by Liaquat Ali Khan was also sworn in on August, 15. On the midnight of August 14 and 15 Radio announcement was made and Pakistan came into existence as an independent state but we celebrate August 14^th as the Independence Day because on that day ceremonies for transfer for power were held.

Boundaries determined on August 17:

Boundaries Commission award declared many controversial decisions about certain areas like Gurdaspur, Zira Tehsil etc, but the ML accepted it with protest.

The Radcliffe Award

Background:

According to the provision of the 3rd June Plan, two Boundary commissions viz. The Punjab Boundary Commission and the Bengal Boundary Commission were constituted. These commissions were placed under the chairmanship of Sir Cyril Radcliffe, an English Lawyer. Members of the Boundary Commissions were as under:

Members Of The Punjab Boundary Commission:

Chairman: Sir Cyril Radcliffe
i) Mr. Justice Din Mohammad (Pakistan)
ii) Mr. Justice Mohammad Munir (Pakistan)
iii) Mr. Justice Mehar Chand Mahajan (India)
iv) Mr. Justice Tej Singh (India)

Members Of The Bengal Boundary Commission:

Chairman: Sir Cyril Radcliffe
i) Mr. Justice S.A Rehman (Pakistan)
ii) Mr. Justice Abu Saleh Mohammad Akram (Pakistan)
iii) Mr. Justice C.C. Biswas (India)
iv) Mr. Justice B.K Mukherjee (India)

Radcliffe Award:

Chairman of the Boundary Commission Sir Cyril Radcliffe arrived in India on 8th July, 1947 and instructed both the Commissions to demarcate the boundaries of their respective provinces on the basis of the contiguity of the Muslim and non-Muslim areas according to the 1941 census. The commissions started their work and the councils on behalf of the Muslim League, Congress, Sikhs and other parties presented their arguments. The chairman Radcliffe did not participate in public sittings but studied the records of the proceedings. Finally, as it was feared both the commissions failed to evolve agreed award due to a host of conflicting interests. As a result, Radcliffe gave his own awards in Punjab and Bengal.

Unjust Award In Punjab:

Cyril Radcliffe, the chairman of the Boundary Commission, as feared by Jinnah, could not maintain partiality and in order to please Mountbatten and Congress gave its prejudiced award.
In Punjab, the Radcliffe Award snatched a number of Muslim majority areas from Pakistan. These included Gurdaspur, Pathankot and Batala Tehsil (Gurdaspur district), Anjala Tehsil (Amritsar), Jullundur Tehsil (Jullundur district) and Zira and Ferozepur tehsils (Ferozepur district). Out of these, Pathankot tehsil was given to India in order to provide a link between Kashmirand India.

Unjust Award In Bengal:

Similarly, in Bengal province the most important question was related with the future of Calcutta. It was the capital of province. Although, the Muslims made a quarter of the population of Calcutta, large section of its population consisted of scheduled castes that were allied with the Muslim League. In any case, for more than two hundred years Muslims of Bengal had contributed to make Calcutta what it was in 1947 and centre of commerce and industry.
The city of Calcutta was the biggest educational, industrial and commercial centre. The development of Calcutta was based on the toil of Muslim peasantry of Bengal. East Bengal produced most of the raw material which had to be sent to Calcutta because all the factories and mills were in Calcutta.
The Congress leaders were determined to get Calcutta by foul and fair means. Eventually, Calcutta was awarded to India, ignoring the claims of the Muslims.

Reaction To The Radcliffe Award:
The biased Radcliffe award pleased the Hindus because it deprived Pakistan of many Muslim majority areas. On the other hand the Muslims of Punjab and Bengal were shocked to see the award which totally went in favour of India. Jinnah too was greatly disappointed but he accepted the plan with sportsman spirit. During the course of his broadcast speech, he said:

“The division of India now finally and irrevocably effected.No doubt we feel that the carving out of this great inde--pendent Muslim State has suffered injustices. We have
been squeezed in as much as it was possible and the latest blow we have received was the award of theBoundary Commission. It was an unjust, incomprehensible and perverse award, but we have agreed toabide by it, it may be our misfortune but we must bear
up this one more blow with fortitude, courage and hope.”