7.
DOMINIONS CAN AMEND
Salient features of Indian Independence Act 1947
In order to give effect to the Plan of June 3, the British Parliament on
July 18, 1947, passed an Act known as the Indian Independence Act,
1947
1 ESTABLISHMENT OF TWO DOMINIONS
The partition of India and the establishment of two dominions of
India and Pakistan from August 15, 1947. The dominion of Pakistan
would include Provinces of Sindh, N.W.F.P the British Baluchistan, east
Bengal, West Punjab and the states which would accede to Pakistan.
The act also provided for the Legislature of the two dominions.
2. CESSATON OF BRITISH CONTROL
It conceded c9omplete cessation of British control over Indian affairs
from August 14, 1947. Thereafter the powers of the British
Government and Parliament over the India and Pakistan would cease
altogether.
3.CONSTITUENT ASSEMBLIES
It provided for the creation of two constituent assemblies for two
dominions. All powers were to be vested in the constituent assembly
of each dominion. Each constituent assembly thus became the
sovereign law-making body in each dominion with full powers to frame
her constitution in any way it might decide
4. RIGHT TO REMAIN WITH BRITISH COMMON WEALTH
Both the dominions were given full right to decide whether to remain
with the British Commonwealth of Nations or to come out of it
5.ACCORDANCE WITH GOVERENMENT OF INDAI ACT 1935
For the time being till the constitution was made, both of them would
be governed in accordance with the Government of India act 1935.
6 ASEEMBLIES
The assemblies were to exercise all the powers which were formerly
exercised by the central legislature
Each dominion was authorized to emend the government of
Indian Act, 1935 under the Independence Act 1947.
8.KING TO VETO LAWS
The right of the King to veto laws or to reserve laws for his
pleasure was given up. Under the Independence Act of 1947, this
right was given to the Governor-General. He was also given the
full right to assent in the name of his majesty to any law of the
dominion legislature made in its ordinary legislative capacity.
9.TERMINATION OF SUZEREAINITY
The act provide for the termination of the suzerainty of the crown
over the Indian States. All treaties, agreements, exercisable by his
Majesty with regard to States and their rulers were to lapse for 15
august, 1947. It was also provided that the existing arrangements
between the Government of Indian states were to continue
pending the detailed negotiations between the Indian states and
the new dominions. The rulers of the dominion keeping in view
the majority of their population.
10.AGRREMENT WITH TRIBES
Agreement with the tribes of the North-Western frontier of India
was to be negotiated by successor dominion.
11.OFFICE OF THE SECRETEARY OF STATE
The office of the Secretary of state’s fro India was to be abolished
and his work was to be taken over by the secretary of the state for
commonwealth affairs.
12. TITLE EMPROR OF INDIA
The title of “Emperor of India” was to be dropped from the royal
style and titles of the King of England
13. FULL OPTION JOIN EITHER DOMINION
All the Civil and Army servants were given full option to join either
of the Dominion.
GOVERNOR – GENERAL