1. The Indian independence
Act 1947 & Birth of Indian
Constitution

2. Content
1. Acknowledgement
2. Introduction
3. History
4. Of the Indian independence act 1947
5. Effects of the Indian independence act, 1947
6. Constitutional position of Indian states after the Indian
independence Act 1947.
7. India’s status in commonwealth nations
8. Birth of Indian constitution
9. Constituent Assembly
10. Bibliography

3. Acknowledgement
We are very grateful to the Principal Dr. J.P. Bora of Department of
Law, University Law Collage Guwahati University for giving us such a
valuable topic dissertation. This will help us in the detail study of d
topic. We are highly indebted to our revered lecturer Mrs. Malavila
Talukdar for her invaluable guidance in carrying out the work. Without
her inspiration, suggestion and encouragement in every step of the
work, it would not have been completed. We express our sincere
gratitude to the authors whose precious writings have either been used
or applied in the work.
Submitted by,
Khanindra Soud. Roll no. 237/10
Sanket Gogoi. Roll no. 241/10
Sahid Arzan. Roll no. 236/10
Monalisa Das. Roll no. 240/10
Hirok Jyoti Das. Roll no. 238/10
Arun Sarkar. Roll no. 239/10

4. Indian Independence Act, 1947 and birth of Indian
constitution
Introduction-
He 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
countries, India and Pakistan. The legislation of Indian Independence
Act was designed by the Prime Minister Clement Attlee as Indian
Political Parties agreed on the transfer of power from the British
Government to the independent Indian Government and the Partition
of India. This act received royal assent on 18th July, 1947.The
Agreement was made with Lord Mountbatten, which was known as the
3 June Plan or Mountbatten Plan. The 2 newly formed countries of
India and Pakistan came into existence from 15th August, in the year
1947.

5. History of Indian Independence Act 1947
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
* Implicit right to secede from the British Commonwealth Clement
Attlee, the Prime Minister of the United Kingdom, announced on 20th
February, 1947 that the British Government would grant full self
government to British India latest by June 1948. Moreover, the future
of Princely States would be decided after the date of final transfer is
decided and the Indian Independence Act 1947 was the
implementation of June 3 Plan.
Indian Independence Act was passed in June 1947, which specified the
following:
* The British rule of India should be over on the midnight of August 15,
1947.

6. * An independent dominion of India shall be created out of the United
Provinces, Central Provinces, Bombay Presidency, Madras Presidency,
the Carnatic, East Punjab, West Bengal, Assam and the Northeast
Frontier Agency. The territories of the Andaman and Nicobar Islands
and the Lakshadweep Islands are also turned over to the Indian
Dominion.
* An independent dominion of Pakistan shall be created out of the
provinces of West Punjab, North West Frontier Province, Sindh and East
Bengal.
* The all Princely states that were officially related to British Empire
were made free from all the treaties and relationships and they could
decide which dominion to join. Lord Mountbatten thought that if the
princely state remained independent within the dominion that may
lead to chaos and thus made their accession a necessity of the Indian
Independence Act.
* Both the Indian and Pakistan Dominions would be members of the
British Commonwealth and was allowed to leave whenever they
pleased.
* Both Dominions of India and Pakistan were completely self-governing
in their internal affairs, foreign affairs and national security but the
British monarch will continue to be their head of state, represented by
the Governor-General of India and a new Governor-General of Pakistan.

7. Both Dominions shall convene their Constituent Assemblies and write
their respective constitutions.
* 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.
Lord Mountbatten was the last Viceroy of India under British rules and
became the Governor General of Independent India. Jawaharlal Nehru
became the Prime Minister of India, Dr. Rajendra Prasad was the
President and Sardar Vallabhbhai Patel was the Deputy Prime minister
of India. Five hundred and sixty princely states were annexed with
India, among which Junagadh and Hyderabad was took over after
military action.
The main provision of the Indian independence act 1947 is as
follows–
Creation of two domination- India and Pakistan –
The Act provides for the partition of India and establishment of two
independent Dominions – India and Pakistan from august 15, 1947. The
word independent signified the absence of any external restraint.
Clause (2) of the Act defined the territories of the two new Dominions
and made it possible to bring about necessary adjustment in the

8. existing boundaries. Clause (3) and (4) provides for the partition of the
Bengal, Punjab, and Assam keeping in view the aspirations of the
people of these territories and fixing of the boundaries of these divided
provinces by boundary commission.
Legislative supremacy of the dominions of India and 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 Govt. of India
Act 1935. But the authority of provincial govt. under Section 93 of the
Govt. of India Act 1935 was done away with. The provision requiring
the governor general or any governor to act in his discretion or exercise
his individual judgment would cease to have effect from August 15,
1947.
The governor general however was invested with planetary powers
until March 1948, to issue orders for the effective implementation of
the Indian independence Act 1947 and the division of the assets
between the two dominions, to adopt or modify the govt. of India Act
1935 and to remove any difficulties that might be arising during the
transitional period.
The Act provided that until new constitution was framed for each of the
dominions, the constituent Assemblies were to act as dominions
legislatures and were to exercise all powers which were formerly
exercised by the central legislature.

9. Freedom of British rule –
The most epoch-making 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.
After the coming into force of the Act, the British govt. had no control
over the affairs of the dominions of India and Pakistan of any part
thereof.
Continuance of the govt. of India Act 1935 until the framing of
a new constitution by the dominions of India and Pakistan-
The Indian independence Act 1947 specifically lay down that the new
dominions shall continue to be governed by the provisions of the govt.
Act 1935 insofar as they are consistent with dominion status. It
empowers the governor general to each of the two dominions to make
necessary omissions, ‘additions or modifications in the govt. of India
Act 1935 and orders in council, rules and other instruments made there
under till march 31 1948. After that day, it was open to the constituent
assemblies to modify or adopt the same Act.

10. Termination of the crown's paramountcy-
With the transfer of the power to the dominions of India and Pakistan
in accordance with the Indian independence Act 1947 the paramountcy
and suzerainty of the British crown over the India and the India states
came to an end. Consequently, all treaties and agreements between his
majesty and the rulers of the Indian states and their rulers, and all
powers, grants, rights, authority or jurisdiction of his majesty over
Indian lapsed on August 15, 1947. The Act, however, enable the state to
accede to any of the two dominions by agreement for their defenses
and some other matters of common interest such as external affairs
and communications.
The instrument of Accession relating to dominion of India laid down
that acceding states have agreed to give to the legislature and
authorities of the dominion of India, jurisdiction over matters, namely,
defense, external affairs and communications.
Agreement with N.W.F.P. Tribes –
The act provides that agreements with the tribes of the North- West
Frontier province of the India were to be negotiated by the successor
dominions.

11. Lapse of the Instrument of instruction-
Section 18 of Indian independence Act provided that the existing
instrument of instruction to the governors and governor general shall
lapse with the coming into effect of this Act. The reason being that the
governor general and governors were now required to act as the
constitutional heads in future and, therefore, instruments of
instructions were no longer necessary for them.
EFFECTS OF THE INDIAN INDEPENDENCE ACT, 1947
The Indian independence act, 1947 marked the end of ninety years
British rule in India beginning from 1858. The British crown severed its
paramountcy at one stroke. The Indian states regained their status
which they prior to the British sovereignty. The source of the
constitution of newly created dominions of India and Pakistan was the
government of India Act, 1935, but subject to modifications made by
the orders passed by the governor general under section 9(1) of Indian
independence Act 1947.
Section 6(2) of the Indian independence Act 1947 vested in legislature
of either dominion, the power to repel or amend any Act of British
parliament existing or future one. Even the Indian independence Act
1947 itself could be repealed or amended under this clause of the Act.
By this Act, the British parliament renounced its sovereignty once for all
and no further imperial legislation was necessary for validating the
future constitution of India or Pakistan, as the case may be.

12. There was no longer any executive council as under the govt. of India
Act, 1919 or counselors as under the govt. 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 i.e. the constituent assembly or the provincial legislature, as
the case may be. The governor general was empowered to
promulgated ordinances to meet emergencies as provided under the
govt. of India Act, 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. One extraordinary power which the
governor general of the Pakistan assumed was that he could interfere
in the provincial affairs and in respect of the most vital matters of
appointment and removal of the ministers themselves. But, in relation
to the India dominion, the governor general did not have any such
direct authority in the matter.
As a result of the partition of Bengal and Assam, the size of the new
province was diminished considerably. Hence, they were to have
unicameral legislature, the legislature council of these provinces having
been abolished from August 15, 1947.
The European territorial constituencies were abolished in the
legislatures of all provinces.
The provinces requiring the proceedings of central and provincial
legislature to be conducted in English were deleted.
The members of All India Service lost the protection of secretary of
state and they were now fully under the control of dominion or
provincial govt. as the case may be. Thus, they were now not the agents
of the British govt. but employees of the dominion which they served.

13. Constitutional position of Indian states after the Indian
independence Act 1947—
As a result of the Indian independence, British treaties came to an end
and with it, the British paramountcy also terminated. Though in theory
each Indian state became independent but they were strongly advice
by the departing British crown that they should associate themselves
with one or the other dominions. Some of the rulers, however, declined
to join either of the two dominions. The Indian congress was of the
opinion that the lapse of British paramountcy would not make the
Indian states sovereign and independent while Mr. Jinnah held a
contrary view.
Lord Mountbatten made an earnest effort to solve the constitutional
problems arising on account of the hostile attitude of some of the state
to join either of the two dominions. He tried to convince the ruling
princes that it was in their own interest to accede to a dominion at least
for the purpose of the defense, external affairs and communications.
He felt that it would not be expedient for every state to have their own
arrangements in respect of these matters. Moreover, the accession of
states to the dominion of these specified purposes was not going to
burden them with any additional financial liability nor was it going to
affect their sovereign status in any way. Responding favorably to
Mountbatten’s appeal, the princes of all states those of Janugarh,
Hyderabad and Kashmir announced their accession to India.

14. 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.” So far as the status
of the dominion of India and Pakistan were concerned there was no
room for any such doubts for the independence Act had given them a
blank cheque.
At the time of joining the membership of the Commonwealth of
Nations, the govt. of India declared and affirmed their acceptance of
the king as a symbol of the free association of independent member
nations and such the heads of the commonwealth.

15. 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:
a) Union Constitution Committee
b) The Union Powers Committee
c) 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 consider 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, 1949. The Constituent
Assembly again sat on the 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 declared as passed. The provisions relating to citizenship,
elections, provisional Parliament, temporary and transitional

16. provisions, were given immediate effect, i.e., from November 26, 1949.
The rest of the Constitution came into force on the 26th January, 1950,
and this date is referred to in the Constitution as the Date of its
Commencement.
Constituent Assembly
The first historical session of Indian Constituent Assembly held its
meeting on 9th December, 1946 under 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, the first historical session was
attended by only 210 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 Parsis 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.

17. At the time of its establishment, the Constituent 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. However Sardar Patel and Pandit
Nehru believed that it was a sovereign body. The Assembly resolved
this issue by adopting: "The Assembly should not be dissolved except by
a resolution assented to by at least 2/3rd 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.
During this period, it acted in a dual capacity: first as the Constituent
Assembly engaged in the making of the Indian Constitution, and
secondly as the Parliament of India, it remained involved in legislating
for the whole of India. Pt. Jawaharlal Nehru introduced the objectives
Resolution on 13th December, 1946. After a full discussion and debate,
the Constituent Assembly passed the objectives Resolution on 22nd
January, 1947. It clearly laid down the ideological foundations and
values of the Indian Constitution and it guided the work of the
Constituent Assembly.
The objectives Resolution passed and adopted by the Constituent
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. Wherein that territories that now comprise British India, the
territories that now form the Indian states as well as such other

18. territories as are willing to be constituted in to the Independent
Sovereign India, shall be a union of them all; and
3. Wherein the said territories, whether with their present
boundaries or with such others as may be determined by the
Constituent Assembly and thereafter according to the law of the
Constitution shall possess and retain the status of autonomous
units, together with residuary powers, and exercise all powers
and functions of the government and administration, save and
except such powers and functions as are vested in or assigned to
the Union, or as are inherent or implied in the Union, on resulting
there from; and
4. Wherein all power and authority of the Sovereign Independent
India, its constituent parts and organs of government, be derived
from the people; and
5. Wherein 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; and
6. Wherein adequate safeguards, shall be provided for minorities,
backward and tribal areas, and depressed and other backward
classes; and
7. Where by shall be maintained the integrity of the territory, the
republic and its sovereign rights sea and air according to justice
and the law of civilised nations; and

19. 8. 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."
The objectives Resolution was adopted by the Constituent Assembly on
22 January, 1947. It provided the ideological framework which was to
guide the process of framing of Constitution of India. The Preamble of
the Constitution embodies all the ideals which were listed in the
objectives Resolution. The objective Resolution was designed to declare
the resolve to make India a sovereign, Independent, Republic and to
secure all its citizens, fundamental rights, justice, secularism and
welfare state as well as to preserve the unity and integrity of the
nation.
It declared the resolve to make India a democratic Union with an equal
level of self government in all constituent parts. It affirmed that all
power and authority of the Government is derived from the people. It
affirmed the resolve to frame a Constitution which should secure for
India a due place in the country of Nations. On 15th August, 1947, India
became independent. A day before, on 14th August, Pakistan was
partitioned out of India. The Constituent Assembly of India then got a
sovereign status and started undertaking the task of formulating the
Constitution of India with a new zeal and enthusiasm. For conducting
its work in a systematic and efficient manner, the Constituent Assembly
constituted several committees which were to report on the subjects
assigned to them. Some of these committees were committees on
procedural matters while others were committees on substantive
matters.
The reports of these committees provided the bricks and mortar for the
formulation of the Constitution of India. In the making of the
Constitution, a very valuable role was played by the Drafting

20. Committee. The Committee was constituted on 29th August, 1947 with
Dr. B.R. Ambedkar as its chairman. The members of this committee
included its versatile chairman Dr. Ambedkar, as such legal luminaries
as B.L.Mitter, N.Gopalswami Ayyanagar, Alladi Krishnaswami Ayyar,
K.M. Munshi, Saiyid Mohd Saadulla, N. Madhab Rao and D.P. Khaitan.
After the death of Mr. D.P. Khaitan, T.T. Krishnamachari was made its
member. Dr. B.N. Rau worked as the Chief Constitutional Advisor
attached to this Committee.
The Drafting Committee submitted its report (draft) to the Constituent
Assembly on 21st February, 1948 and the Constituent Assembly held
debates on it. On the basis of these discussions, a new draft was
prepared by the Drafting Committee and submitted to the Assembly on
4th November, 1948. From 14th November, 1949 to 26th November,
1949 the final debate was held on the draft. On 26th November, 1949,
the Constitution was finally adopted and enacted when the
Constitution was signed by the president of the Constituent Assembly.
In the words of Granville Austin "the adoption of the Constitution of
India was the greatest political venture since the Philadelphia
convention."
Some of the provisions came into operation immediately while as a
whole the Constitution was inaugurated on 26th January, 1950.
It is significant to mention that this day was observed as the
Independence Day every year as long as the British Rule in India. Later,
in order to perpetuate the memory of the great pledge of the "Purna
Swaraj Day" 26th January 1950 was chosen to be the day of the
commencement of our Constitution and was declared as Republic with
Dr. Rajendra Prasad as its first President. This is in brief, an account of
the making of Indian Constitution by the Constituent Assembly. It took
the Constituent Assembly 2 years, 11 months and 18 days to
accomplish the task of making the Constitution. In all it held 11 plenary
sessions and discussions were held for 114 days. Rs.6, 396,273 were

21. spent in this exercise. Constitution of India is indeed the highest and
most valuable contribution of the Constituent Assembly to the Indian
Political System. Dr. Rajendra Prasad observed, "I desire to congratulate
the Assembly on accomplishing a task of such tremendous magnitude.
It is not my purpose to appraise the value of the work that the
Assembly has done or the merits and demerits of the Constitution
which it has framed, I am content to leave that to others and posterity."