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{{Short description|Act of Parliament of the United Kingdom}}
{{Use dmy dates|date=May 2020}}
{{Use British English|date = February 2019}}
{{Infobox UK legislation
| short_title = Indian Independence Act 1947
| type = Act
| parliament = Parliament of the United Kingdom
| 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.
| citation = [[10 & 11 Geo. 6]]. c. 30
| year = 1947
| introduced_by =
| territorial_extent = {{ublist|[[United Kingdom]]|[[British Raj|British India]]}}
| royal_assent = 18 July 1947
| commencement = 15 August 1947
| repeal_date = 26 January 1950 ([[India]])<br />23 March 1956 ([[Pakistan]])
| repealing_legislation = [[Constitution of India]] (India)<br />[[Constitution of Pakistan of 1956]] (Pakistan)
| status = repealed
| original_text = https://www.legislation.gov.uk/ukpga/Geo6/10-11/30/enacted
| revised_text = https://www.legislation.gov.uk/ukpga/Geo6/10-11/30|
}}
The '''Indian Independence Act 1947''' ([[10 & 11 Geo. 6]]. c. 30) is an act of the [[Parliament of the United Kingdom]] that [[partition of India|partitioned]] [[British India]] into the two new independent [[dominion]]s of [[Dominion of India|India]] and [[Dominion of Pakistan|Pakistan]]. On 15 July 1947 the House of Commons voted for the bill and the House of Lords gave its consent on the next day. The act received Royal Assent on 18 July 1947 and thus modern-day India and Pakistan, comprising [[West Pakistan|west]] (modern day [[Pakistan]]) and [[East Pakistan|east]] (modern day [[Bangladesh]]) regions, came into being on 15 August.<ref name="SinghHoshiar">{{cite book|author1=Hoshiar Singh, Pankaj Singh|author2=Singh Hoshiar|title=Indian Administration|year=2011|url=https://books.google.com/books?id=K89d_QopUx8C&pg=PA10|access-date=2 January 2013|publisher=Pearson Education India|isbn=978-81-317-6119-9|page=10}}</ref>{{efn|Independence was at midnight on the 14/15 August, Pakistan chose to celebrate independence on the 14th and India on the 15th.}}

The legislature representatives of the [[Indian National Congress]],<ref>represented by [[Jawaharlal Nehru]], [[Vallabhbhai Patel]], and [[Acharya Kripalani]]</ref> the [[All-India Muslim League|Muslim League]],<ref>represented by [[Muhammad Ali Jinnah]], [[Liaqat Ali Khan]], and Sardar [[Abdul Rab Nishtar]].</ref> and the [[Sikhs|Sikh]] community<ref>represented by Sardar [[Baldev Singh]]</ref> came to an agreement with [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Mountbatten]], then [[Governor-General of India|Viceroy and Governor-General of India]]''',''' on what has come to be known as the ''3 June Plan'' or ''Mountbatten Plan.''

==Prelude==

===Attlee's announcement===
[[Clement Attlee]], the [[prime minister of the United Kingdom]], announced on 20 February 1947 that:
#The British Government would grant full self-government to British India by 3 June 1948 at the latest,
#The future of the [[Princely States]] would be decided after the date of final transfer is decided.<ref>{{cite book|last=Ghose|first=Sankar|title=Jawaharlal Nehru : a biography|year=1993|publisher=Allied Publ.|location=New Delhi [u.a.]|isbn=9788170233695|page=151|url=https://books.google.com/books?id=MUeyUhVGIDMC&q=attlee%27s+announcement&pg=PA151|edition=1. publ.}}</ref>

===Third June Plan===
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:
#Principle of the partition of British India was accepted by the British Government
#Successor governments would be given [[dominion]] status
#Autonomy and sovereignty to both countries
#Can make their own constitution
#Princely states were given the right to join either India or Pakistan (with no option to remain independent), based on two major factors: geographical contiguity and the people's wishes.<ref>{{cite journal |last1=Zain |first1=Omer Farooq |date=April 2006 |title=Siachen Glacier Conflict: Discordant in Pakistan-India Reconciliation |url=http://www.jstor.org/stable/41394127 |journal=Pakistan Horizon |volume=59 |issue=2 |pages=74–75 |jstor=41394127 |access-date=8 March 2021}}</ref>

==Provisions==

The act's most important provisions were:
* Division of British India into the two new dominions – the [[Dominion of India]] and the [[Dominion of Pakistan]] – with effect from 15 August 1947;
* Partition of the provinces of [[Bengal Presidency|Bengal]] and [[Punjab Province (British India)|Punjab]] between the two new countries;
* Establishment of the office of [[Governor-General]] in each of the two new countries, as representatives of [[the Crown]];
* Conferral of complete legislative authority upon the respective [[Constituent Assembly|Constituent Assemblies]] of the two new countries;
* Termination of British [[suzerainty]] over the [[princely state]]s, with effect from 15 August 1947. These states could decide to join either India or Pakistan;<ref>{{cite book |last1=Mehrotra |first1=S.R. |title=Towards Indias Freedom And Partition |date=1979 |publisher=Vikash Publishing House |location=Delhi |page=[https://archive.org/details/in.ernet.dli.2015.100154/page/n259 247] |url=https://archive.org/details/in.ernet.dli.2015.100154 |access-date=17 August 2019}}</ref><ref>See Section 7 (1) (b): "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty at that date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise."</ref>
* Abolition of the use of the title "[[Emperor of India]]" by the [[British monarch]] (this was subsequently executed by [[George VI of the United Kingdom|King George VI]] by [[royal proclamation]] on 22 June 1948);

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.

==Salient features==

#Two new dominion states: Two new dominions were to emerge from the Indian empire: India and Pakistan.
#Appointed Date: 15 August 1947 was declared as the appointed date for the partition.
#Territories:
##Pakistan: East Bengal, West Punjab, Sindh, and Chief Commissioner's Province of Baluchistan.
##The fate of the [[North-West Frontier Province]] (now [[Khyber Pakhtunkhwa]]) was subject to the result of a [[1947 North-West Frontier Province referendum|referendum]].
##Bengal & Assam:
###The [[Bengal Presidency|province of Bengal]] as constituted under the Government of India Act 1935 ceased to exist.
###In lieu thereof two new provinces were to be constituted, to be known respectively as [[East Bengal]] and [[West Bengal]].
###The fate of [[Sylhet Division|District Sylhet]], in the province of [[Assam Province|Assam]], was to be decided in a [[1947 Sylhet referendum|referendum]].
##Punjab:
###The [[Punjab Province (British India)|province]] as constituted under the Government of India Act 1935 ceased to exist.
###Two new provinces were to be constituted, to be known respectively as [[West Punjab]] and [[East Punjab]].
#The boundaries of the new provinces were to be determined, whether before or after the appointed date, by the award of a boundary commission to be appointed by the Governor-General.
#Constitution for the New Dominions: until the time of the making of the new constitution, the new dominions and the provinces thereof were to be governed by the Government of India Act 1935. (Temporary Provisions as to the Government of Each New Dominion).
#The Governors-General of the new dominions:
##For each of the new dominions a new Governor-General was to be appointed by the Crown, subject to the law of the legislature of either of the new dominions.
##Same person as Governor-General of both dominions: if unless and until provision to the contrary was made by a law of the legislature of either of the new dominions, the same person could be the Governor-General of both.
#Powers of Governor-General: (Section-9)
##The Governor-General was empowered to bring this Act into force.
##Division of territories, powers, duties, rights, assets, liabilities, etc., was the responsibility of Governor General.
##To adopt, amend, Government of India Act 1935, as the Governor-General may consider it necessary.
##power to introduce any change was until 31 March 1948, after that it was open to the constituent assembly to modify or adopt the same Act. (Temporary Provisions as to the Government of Each New Dominion.)
##Governor-General had full powers to give assent to any law.
#Legislation for the new dominions:
##The existing legislative setup was allowed to continue as Constitution making body as well as a legislature. (Temporary Provisions as to the Government of Each New Dominion.)
##The legislature of each dominion was given full powers to make laws for that dominion, including laws having extraterritorial operation.
##No Act of Parliament of UK passed after the appointed date would be extended to the territories of new dominions.
##No law and provision of any law made by the legislature of the new dominions shall be void or inoperative on the ground that it is repugnant to the law of England.
##The Governor-General of each dominion had full powers to give assent in His Majesty's name to any law of the legislature. [Configuration of Pakistan's Constitution Assembly (CAP I): 69 members of the central legislature + 10 immigrant members= 79].
#Consequences of setting up of the new dominions:
##His Majesty's Government lost all the responsibility to the new dominions.
##The suzerainty of His Majesty's Government over the Indian States lapsed.
##All the treaties or agreements with the Indian States and the [[Adivasi|tribal area]]s that were in force at the passing of the act lapsed.
##The title of "Emperor of India" was dropped from the titles of British Crown.
##The office of [[Secretary of State for India]] was abolished and the provisions of GOI Act 1935 relating to the appointments to the civil service or civil posts under the crown by the secretary of the state ceased to operate.
#Civil servants: Section 10 provided for the continuance of service of the government servants appointed on or before 15 August 1947 under the Governments of new Dominions with full benefits.
#Armed Forces: Sections 11, 12, and 13 dealt with the future of the Indian armed forces. A Partition Committee was formed on 7 June 1947, with two representatives from each side and the viceroy in the chair, to decide about the division thereof. As soon as the process of partition was to start it was to be replaced by a Partition Council with a similar structure.
#First and Second Schedules:
##First Schedule listed the districts provisionally included in the new province of East Bengal:
###[[Chittagong Division]]: Districts of [[Chittagong District|Chittagong]], [[Chittagong Hill Tracts]], [[Noakhali District|Noakhali]] and [[Comilla District|Tipperah]].
###[[Dhaka Division|Dacca Division]]: Districts of [[Backergunge District|Bakarganj]], [[Dhaka District|Dacca]], [[Faridpur Division|Faridpur]], and [[Mymensingh Division|Mymensingh]].
###[[Presidency division|Presidency Division]]: Districts of [[Jessore District|Jessore]] (except [[Bangaon subdivision|Bangaon]] Tehsil), and [[Kushtia District (1947–1984)|Kustia]] and [[Meherpur District|Meherpur]] Tehsils (of [[Nadia district]]).
###[[Rajshahi Division]]:Districts of [[Bogra District|Bogra]], [[Dinajpur District, Bangladesh|Dinajpur]] (except [[Uttar Dinajpur district|Raiganj]] and [[Dakshin Dinajpur district|Balurghat]] Tehsil), [[Rajshahi District|Rajshahi]], [[Rangpur District|Rangpur]] and [[Chapai Nawabganj District|Nawabganj]] Tehsil (of [[Malda district|Malda]] district).
##Second Schedule listed the districts provisionally included in the new province of West Punjab:
###[[Lahore Division]]: Districts of [[Gujranwala District|Gujranwala]], [[Lahore District|Lahore]] (except [[Patti, Punjab|Patti]] Tehsil), [[Sheikhupura District|Sheikhupura]], [[Sialkot District|Sialkot]] and [[Shakargarh Tehsil|Shakargarh]] Tehsil (of [[Gurdaspur District (British Punjab)|Gurdaspur]] district).
###[[Rawalpindi Division]]: Districts of [[Attock District|Attock]], [[Gujrat District|Gujrat]], [[Jhelum District|Jehlum]], [[Rawalpindi District|Rawalpindi]] and [[Shahpur District|Shahpur]].
###[[Multan Division]]: Districts of [[Dera Ghazi Khan Division|Dera Ghazi Khan]], [[Jhang District|Jhang]], [[Faisalabad District|Lyallpur]], [[Montgomery District|Montgomery]], [[Multan District|Multan]] and [[Muzaffargarh District|Muzaffargarh]].<ref name=salient>{{cite web|title=Salient features of the act|url=http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf|access-date=9 February 2013}}</ref>

==Partition==
{{main|Partition of India|Radcliffe Line}}

There was so 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.<ref>{{cite web|title=The history of partition|url=https://www.bbc.co.uk/history/british/modern/partition1947_01.shtml|access-date=9 February 2013}}</ref>

==Princely states==
[[File:India & Pakistan on eve of Independence.png|thumb|The territory of British India partitioned between India (brown) and Pakistan (green). The remaining unshaded areas were princely states.]]
{{Main|Princely states of Pakistan|Princely states of India}}

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 (autonomous) to some extent after 15 August, their dependency on the British government of dominion of India for defence, foreign affairs, communication and other matters rendered such freedom meaningless.<ref>{{citation |last=Bhargava |first=R. P. |title=The Chamber of Princes |url=https://books.google.com/books?id=BAQgNE1uSEgC&pg=PA313 |year=1991 |publisher=Northern Book Centre |isbn=978-81-7211-005-5 |page=313}}</ref><ref>{{citation |last=Das Gupta |first=Jyoti Bhusan |title=Jammu and Kashmir |url=https://books.google.com/books?id=dpTpCAAAQBAJ |date=2012 |orig-date=first published 1968 |publisher=Springer |isbn=978-94-011-9231-6 |page=79}}</ref>

===India===
{{Further|Princely states of India|Political integration of India}}
Lord Mountbatten continued as the first Governor General of independent India. [[Jawaharlal Nehru]] became the [[Prime Minister of India|prime minister]] and [[Sardar Vallabhbhai Patel|Vallabhbhai Patel]] became the [[Home Minister|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 State|Junagadh]], [[Hyderabad State|Hyderabad]], and [[Jammu and Kashmir (princely state)|Jammu and Kashmir]].

Contiguous to both India and Pakistan, the princely state of Jammu and Kashmir, on account of its 77% Muslim majority, was expected to accede to Pakistan. When Maharaja [[Hari Singh]] hesitated to do this, Pakistan launched a [[First Kashmir War|tribal invasion]] in an effort to persuade him. Instead, he chose to accede to India. The state has been [[Kashmir conflict|disputed]] between India and Pakistan ever since.<ref name="SteinArnold2010">{{citation |last1=Stein |first1=Burton |author-link=Burton Stein |editor-last=Arnold |editor-first=David |editor-link=David Arnold (historian) |year=2010 |orig-year=First published 1998 |title=A History of India |url=https://archive.org/details/a-history-of-india-second-edition-2010 |edition=2nd |publisher=John Wiley & Sons |isbn=978-1-4051-9509-6 |page=358}}</ref>

The state of [[Junagadh State|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 state|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.

===Pakistan===
{{Further|Princely states of Pakistan}}
[[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 [[Princely states of Pakistan|join Pakistan]]. These included [[Amb (princely state)|Amb]], [[Bahawalpur (princely state)|Bahawalpur]], [[Chitral (princely state)|Chitral]], [[Dir (princely state)|Dir]], [[Khanate of Kalat|Kalat]], [[Khairpur (princely state)|Khairpur]], [[Kharan (princely state)|Kharan]], [[Las Bela (princely state)|Las Bela]], [[Makran (princely state)|Makran]], and [[Swat (princely state)|Swat]].<ref name=Behera>{{citation |first=Navnita Chadha |last=Behera |title=Demystifying Kashmir |publisher=Pearson Education India |year=2007 |isbn=978-8131708460 |url=https://books.google.com/books?id=qM6kW9ZRMRkC |pages=12–13}}</ref><ref>Z. H. Zaidi, ed., ''Jinnah Papers: The states: Historical and Policy Perspectives and Accession to Pakistan'', vol. VIII (Quaid-i-Azam Papers Project, Government of Pakistan, 2003), p. 113</ref> The Khanate of Kalat initially elected to resume its independence, until 27 March 1948 when its ruler acceded to Pakistan.

==Repeal==

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]],<ref>"Article 221: The Government of India Act, 1935, and the Indian Independence Act, 1947, together with all enactments amending or supplementing those Acts, are hereby repealed: Provided that the repeal of the provisions of the Government of India Act, 1935, applicable for the purposes of Article 230 shall not take effect until the first day of April, 1957."</ref> 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.

==See also==
*[[Indian independence movement]]
*[[Pakistan Movement]]
*[[Partition of India]]
*[[Political integration of India]]

==Notes==
{{notelist}}

==References==
{{Reflist}}

==External links==
{{wikisource|Indian Independence Act 1947}}
* [https://api.parliament.uk/historic-hansard/commons/1947/jul/15/indian-independence-bill Indian Independence Bill,1947] {{Webarchive|url=https://web.archive.org/web/20170503085240/http://hansard.millbanksystems.com/commons/1947/jul/15/indian-independence-bill |date=3 May 2017 }}
*{{cite web|access-date=30 April 2010 |title=Indian Independence Act 1947 (c.30) |work=Original Statute from The UK Statute Law Database|publisher=Office of Public Sector Information, National Archives, UK |url=http://www.opsi.gov.uk/acts/acts1947/pdf/ukpga_19470030_en.pdf}}
*{{cite web|access-date=2 June 2008 |title=Indian Independence Act 1947 (c.30) |work=Revised Statute from The UK Statute Law Database |publisher=Office of Public Sector Information, National Archives, UK |url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1947/cukpga_19470030_en_1 |url-status=dead |archive-url=https://web.archive.org/web/20081015151658/http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1947/cukpga_19470030_en_1 |archive-date=15 October 2008 }}
*[https://www.parliament.uk/about/living-heritage/evolutionofparliament/legislativescrutiny/parliament-and-empire/collections1/collections2/1947-indian-independence-act/ Image of the Act on the UK Parliamentary website]

{{Indian independence movement}}
{{Pakistan Movement}}

[[Category:1947 in Indian law]]
[[Category:1947 in Pakistan]]
[[Category:1947 in British law]]
[[Category:Independence acts in the Parliament of the United Kingdom]]
[[Category:Partition of India]]
[[Category:United Kingdom Acts of Parliament 1947]]
[[Category:1947 in international relations]]
[[Category:India–United Kingdom relations]]
[[Category:Pakistan–United Kingdom relations]]
[[Category:Acts of the Parliament of the United Kingdom concerning India]]
[[Category:India and the Commonwealth of Nations]]
[[Category:Pakistan and the Commonwealth of Nations]]
[[Category:July 1947 in Asia]]
[[Category:July 1947 in the United Kingdom]]
[[Category:Constitution of Pakistan of 1956]]
[[Category:Lord Mountbatten]]
[[Category:Democratization]]
[[Category:Territorial evolution of Bangladesh]]

Indian Independence Act 1947 - Revision history

HildaCorley2963 at 10:51, 20 March 2026