NME-PUBLIC ADMINISTRATION FOR COMPETITIVE EXAMINATION PAPER-2
SUBJECT CODE : 18BPA6EL
PREPARED BY : Dr.S. SUNDARARAJAN Asst professor
DEPARTMENT : PG and Research Department Of Public Administration
CONTACT NO : 9952337047
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Material prepared according to textbook and reference books given in the syllabus.
SYLLABUS What is Constitutional Development?
Constitutional development is a detailed analysis of how the constitution of a given country has evolved from the past to the current. It shows how the constitution changed from what it used to be to what it is now.
The origin and growth of the Indian Constitution has its roots in Indian history during the British period. From 1773 onwards, various Acts were passed by the British Government for the governance of India. None of them, however, satisfied Indian aspirations mainly because they were imposed by the alien rulers.
The period of historical British Constitutional experiments in India can be divided into two phases:
1. Phase 1- Constitutional experiment during the rule of the East India Company (1773-1857) 2. Phase 2 - Constitutional experiments under the British Crown (1857-1947)
Constitutional Development - During East India Rule (1773 - 1857)
From 1757 to 1857, 5 major laws were created to regulate the functioning of British East India Company, and to help them rule over India. The details of these 5 Acts are mentioned below. Regulating Act of 1773 The process of Centralization in India was initiated through the Regulating Act of 1773. 1. This is the first Act passed by the British Parliament to control and regulate the affairs of the East India Company in India.
2. As per this Act, the Governor of Bengal was made the Governor General.
3. Warren Hastings was the first Governor General of India. 4. This Act made Governors of Bombay and Madras subordinate to the Governor of Bengal. 5. The Governor- General was given the power to make rules and regulations. 6. The Governor General was assisted by a Council of 4 members. 7. The number of Directors in the Company was fixed at 4. 8. The Governor General had to follow the orders of the Directors of the Company. 9. Revenue of the company should be reported by The Court of Directors, who were the governing body of the company 10. A Supreme Court was established at Calcutta in 1774, as per the provisions of Regulating Act 1773. 11. The Supreme Court had a Chief Justice and 3 Assistant Judges.
Pitts India Act of 1784
Page 1 of 15 In the Constitutional history of India, this Act brought in many significant changes.
1. As per this Act of 1784, the territories of East India Company was called as the “British Possessions in India” 2. As per this Act, a joint Government of British India run by the Crown and Company was established. Government had the ultimate power and authority. 3. A Court of Directors was formed for Commercial Operations and 6 member Board of Control were appointed for Political affairs.
4. Governor General's Council was reduced from 4 members to 3 members. 5. Governors Councils were established in Bombay and Madras. Charter Act of 1813 1. It brought an end to the monopoly of East India Company, over trade with India. 2. Trade with India was opened for all British Citizens with the exception of Tea Trade.
Charter Act of 1833 1. Governor General of Bengal became the Governor General of India. 2. Lord William Bentick was the 1st Governor General of India. 3. East India Company ended as a mere administrative body, it was no longer a commercial body. 4. The Governor General was given full control over revenue, civil and military. 5. This Act was the final step in the Process of Centralization in India, a process that began with the Regulating Act of 1773. Charter Act of 1853 1. Civil Service Examination was introduced. It was a competitive examination for recruitment into the civil services. 2. Executive and Legislative functions of the Governor General were separated. 3. This Act provided for addition of 6 new members to the Legislative Council, 4 members were appointed by Provisional Governments of Bengal, Bombay, Madras and Agra. 4. Governor General's Legislative Council came to be known as the Central Legislative Council. 5. The Central Legislative Council started functioning as a Mini-Parliament. It adopted the same procedures of British Parliament. Constitutional Development under the British Crown (1857-1947)
This begins the 2nd phase of the Constitutional development under British Crown. Government of India Act of 1858 1. This Act passed by British Parliament, brought an end to the rule of East India Company. The powers were transferred to the British Crown. 2. The Secretary of State for India was given the powers and duties of the former Court of Directors. He Controlled the Indian Administration through the Viceroy of India. 3. The Secretary of State for India was assisted by the Council of India. This Council had 15 members. The Council was an advisory body. 4. Governor General of India was made the Viceroy of India.
Page 2 of 15 5. Lord Canning was the 1st Viceroy of India. Indian Council Act of 1861. 1. Indians were nominated as non official members for the 1st time in the Legislative Council of Viceroy. 2. Legislative Councils were established in Provinces and Centre. 3. Legislative powers of the Provinces of Bombay and Madras were restored. 4. Legislative Councils were started in the Provinces of Punjab, NWFP, Bengal. Indian Council Act of 1892. 1. The size of the Legislative Council was increased. 2. The Legislative Council was given more power, they had the power to deliberate on the Budget and could pose questions to the Executive. 3. Indirect elections were introduced for the 1st time. 4. The Principal of Representation was introduced. Indian Councils Act, 1909 - Morley Minto Reforms 1. Indian Councils Act of 1909 is commonly known as Morley Minto Reforms. 2. For the 1st time Direct elections were introduced for the Legislative Councils. 3. The Central Legislative Council was renamed as the Imperial Legislative Council. 4. The Communal representation system was introduced by giving separate electorate. It was a system where seats were reserved only for Muslims and only Muslims would be polled. 5. For the first time Indians were appointed to the Executive Council of Viceroy. Satyendra Sinha was the law member.
Government of India Act, 1919 - Montagu Chelmsford Reforms 1. Government of India Act, 1919 was also known as the Montagu Chelmsford reforms. 2. Bicameralism was introduced for the 1st time. 3. Provincial and Central Subjects were separated. 4. Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects, it was divided into Reserved and Transferred. Transferred list included agriculture, health, education, and supervision of local government. The Transferred list was given to the Government of Ministers answerable to Provincial Council. The reserved list included communications, foreign affairs, defence; this transferred list was under the control of Viceroy. 5. Out of 6 members in Viceroy’s Executive Council 3 of them were Indians. 6. The Act provided provisions for establishment of Public Service Commission in India for the first time. 7. Communal Representation extended to Christians, Anglo-Indians, Sikhs. 8. Franchise was given to a limited population which was based on people who had taxable income, had property and paid land revenue of Rs 3000. 9. This Act made provision for setting up a statutory commission at the end of 10 years to look into the working of the Government.
Government of India Act 1935
Page 3 of 15 This was the longest and last constitutional measure introduced by the British India. It was the result of multiple round table conferences,and a report by the Simon Commission.
1. Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam, Bihar, United Provinces) out of 11 provinces. 2. The Legislature in the provinces were enlarged. 3. As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List. 4. Provincial autonomy was introduced in the Provinces by abolishing the Dyarchy. 5. There was provision for adoption of Dyarchy at the Centre. 6. Provided provisions for establishing Federal Court, Reserve Bank of India (RBI). 7. There was provision for establishment of All India Federation consisting of Provinces and Princely States as units. 8. Due to the length of this Act, it was divided into 2 separate Acts. Cripps Mission - 1942 In 1942 Cripps Mission was sent to India under the leadership of Sir Stafford Cripps. Some of the proposals given by the Cripps Mission are given below. 1. Dominion status would be given to India, after the 2nd World War.
2. Once the Second World War ends, an elected body would be set up in India for framing of Indian Constitution. 3. Even Indian States would participate in the Constitution making body. 4. Almost all the Parties and sections in India rejected the proposals given by the Cripps Mission. Cabinet Mission Plan - 1946 Some of the main proposal of Cabinet Mission plan were 1. Indian States and British Provinces would combine to form Union of India 2. A Constituent Assembly would be established consisting of 389 members. 3. 14 members from Major political parties would form an interim government 4. A representative body would be formed named as the Constituent Assembly. 5. Until the Constitution was framed, the Constituent Assembly would act as the Dominion Legislature. 6. Until the Constitution was framed, India would be administered as per the Government of India Act, 1935. Mountbatten Plan - Indian Independence Act - 1947 1. British India was partitioned into India and Pakistan with effect from 15th August 1947. 2. Conferred complete legislative authority to the Constituent Assembly. 3. Established Governments at both Provinces and States. Key Timelines - Constitution of Independent India 1. The Constitution of India was drawn up by the Constituent Assembly. The Constituent Assembly took almost 3 years to complete the task of drafting the Constitution for Independent India. 2. Constituent Assembly met for the first time on Dec. 9, 1946. 3. On 14th August, 1947; there was a proposal for creation of committees. 4. The Drafting Committee was established on 29th August 1947 and the Constituent Assembly starts
Page 4 of 15 the process of writing the Constitution 5. Dr. Rajendra Prasad as the President prepared the Draft of the new Constitution of Independent India in February 1948. 6. The Constitution was adopted on Nov. 26,1949 7. The Constitution came into effect on Jan. 26,1950, making India a Republic. 8. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in1952 9. It is the longest written Constitution in the world containing 395 Articles and 12 Schedules.
Government of India Act, 1858
The Government of India Act 1858 was an Act of the British parliament that transferred the government and territories of the East India Company to the British Crown. The company’s rule over British territories in India came to an end and it was passed directly to the British government.
Background The Revolt of 1857 served as a jolt to the British government. There was widespread resentment against the company in Britain as the policies of the company were blamed for the revolt. Queen Victoria, who was the monarch of Britain, also became the sovereign of British territories in India, with the title “Empress of India” as a result of this Act.Background Features of Government of India Act 1858
1. Provisions of the Government of India Act 1858 East India Company was liquidated. Indian territories of Britain were to be governed in the name of the British Queen. The Court of Directors and the Board of Control were scrapped. The powers of the Company’s Court of Directors were vested with the Secretary of State for India. This Secretary of State was to be a British MP and a member of the Prime Minister’s cabinet. He was to be assisted by a council of 15 members. He was also the channel of communication between the British government in Britain and the Indian administration. He also had the power to send secret despatches to India without consulting his council. Via the Secretary of State, the British parliament could ask questions regarding Indian affairs. The representative of the British government in India was the Governor-General and Viceroy (both the same person to avoid conflict). The Viceroy and the governors of the various presidencies were appointed by the Crown. The Viceroy was to be assisted with an Executive Council. This act made India a direct British colony.
Page 5 of 15 This act abolished the dual government of the Pitt’s India Act. This act also ended the doctrine of lapse. The Indian Civil Services was to be instituted for the administration of the country. There was provision for Indians also to be admitted to the service. It was decided that the remaining Indian princes and chiefs (more than 560 in number) would have their independent status provided they accept British suzerainty. 2. Facts – Government of India Act 1858 First Secretary of State for India: Lord Stanley Prime Minister Benjamin Disraeli was opposed to the crown directly ruling India, but his fellow MP’s did not agree with his views and the bill passed the House of Commons easily. First Governor-General and Viceroy of India: Lord Canning
The Indian Councils Act 1861 was an act of the British Parliament that made significant changes in the Governor-General’s Council. Provisions of the Indian Councils Act 1861
For the executive functions of the Council, a fifth member was added. Now there were five members for home, military, law, revenue and finance. (A sixth member for public works was added in 1874.) Lord Canning, who was the Governor-General and Viceroy at the time, introduced the portfolio system. In this system, each member was assigned a portfolio of a particular department. For legislative purposes, the Governor-General’s Council was enlarged. Now, there were to be between 6 and 12 additional members (nominated by the Governor-General). There were appointed for a period of 2 years. Out of these, at least half of the additional members were to be non-official (British or Indian). Their functions were confined to legislative measures. Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao. Any bill related to public revenue or debt, military, religion or foreign affairs could not be passed without the Governor-General’s assent. The Viceroy had the power to overrule the council if necessary. The Governor-General also had the power to promulgate ordinances without the council’s concurrence during emergencies. The Secretary of State for India in Britain could also dissolve any act passed by the GovernorGeneral’s Council. This Act restored the legislative powers of the Governor-in-Councils of the Presidencies of Madras and Bombay (which was taken away by the Charter Act of 1833). The legislative council of Calcutta had extensive power to pass laws for the whole of British
Page 6 of 15 India. There was provision made for the formation of legislative councils in other provinces. New provinces could also be created for legislative purposes and Lieutenant Governors be appointed for them.
Legislative councils were formed in other provinces in Bengal in 1862, North West Frontier Province in 1886 and Punjab and Burma in 1897. Assessment of the Indian Councils Act 1861 The legislative council had limited role. It was chiefly advisory. No discussion on finance was permitted. Even though Indians were nominated, there was no statutory provision for the inclusion of Indians in it. It allowed for the decentralisation of administration with the vesting of legislative power to the presidencies of Bombay and Madras. The power of ordinance given to the governor-general gave him absolute powers.
The Indian Councils Act 1909
The Indian Councils Act 1909 was an act of the British Parliament that introduced a few reforms in the legislative councils and increased the involvement of Indians limitedly in the governance of British India. It was more commonly called the Morley-Minto Reforms after the Secretary of State for India John Morley and the Viceroy of India, the 4th Earl of Minto. Background Despite Queen Victoria’s proclamation that Indian’s would be treated equally, very few Indians got such an opportunity as the British authorities were hesitant to accept them as equal partners Lord Curzon had carried out the partition of Bengal in 1905. This lead to a massive uprising in Bengal as a result. Following this, the British authorities understood the need for some reforms in the governance of Indians. The Indian National Congress (INC) was also agitating for more reforms and self-governance of Indians. The earlier Congress leaders were moderates but now extremist leaders were on the rise who believed in more aggressive methods. INC demanded home rule for the first time in 1906. Gopal Krishna Gokhale met Morley in England to emphasise the need for reforms. Shimla Deputation: A group of elite Muslims led by Aga Khan met Lord Minto in 1906 and placed their demand for a separate electorate for the Muslims. John Morley was a member of the Liberal government and he wanted to make positive changes in India’s governance.
Page 7 of 15 Major provisions of the Morley-Minto reforms 1. The legislative councils at the Centre and the provinces increased in size. Central Legislative Council – from 16 to 60 members Legislative Councils of Bengal, Madras, Bombay and United Provinces – 50 members each Legislative Councils of Punjab, Burma and Assam – 30 members each
2. The legislative councils at the centre and the provinces were to have four categories of members as follows: Ex officio members: Governor-General and members of the executive council.
Nominated official members: Government officials who were nominated by the GovernorGeneral. Nominated non-official members: nominated by the Governor-General but were not government officials. Elected members: elected by different categories of Indians. The elected members were elected indirectly. The local bodies elected an electoral college who would elect members of the provincial legislative councils. These members would, in turn, elect the members of the Central legislative council. The elected members were from the local bodies, the chambers of commerce, landlords, universities, traders’ communities and Muslims. In the provincial councils, non-official members were in a majority. However, since some of the nonofficial members were nominated, in total, a non-elected majority was there. Indians were given membership to the Imperial Legislative Council for the first time. It introduced separate electorates for the Muslims. Some constituencies were earmarked for Muslims and only Muslims could vote their representatives. The members could discuss the budget and move resolutions. They could also discuss matters of public interest. They could also ask supplementary questions. No discussions on foreign policy or on relations with the princely states were permitted. Lord Minto appointed (on much persuasion by Morley) Satyendra P Sinha as the first Indian member of the Viceroy’s Executive Council. Two Indians were nominated to the Council of the Secretary of State for Indian affairs.
Assessment of the Morley-Minto reforms The Act introduced communal representation in Indian politics. This was intended to stem the growing tide of nationalism in the country by dividing the people into communal lines. The culmination of this step was seen in the partition of the country along religious lines. The effects of differential treatment of different religious groups can be seen to this day. The act did nothing to grant colonial self-government which was the Congress’s demand. The Act did increase Indian participation in the legislative councils, especially at the provincial levels.
Page 8 of 15 Government of India Act, 1919
Montague-Chalmers Reforms and Government of India Act, 1919
Background:
On December 1916, the Congress and the Muslim League for the first time drew up a common constitutional programme at Lucknow. The beginning of the Home Rule agitation and the internment of its leader Annie Besant in April 1917 further radicalised Indian politics. Lord Chelmsford's administration had already allowed a number of concessions to nationalist demands, such as customs duty on cotton imports without a countervailing excise duty, ban on labour emigration etc. Montagu took over as the Secretary of State for India in July 1917, described as "the most liberal Secretary of State since Ripon". Montagu made a historic declaration that British policy in India would have an overall objective of "gradual development of self-governing institutions, with a view to the progressive realization of responsible government in India as an integral part of the British empire". The Montford (Montague-Chelmsford) commission submitted its report in 1918. It professed to pave way for self-government in India. however, it also aimed at appeasing Indians to persuade to support British during First World War (1914-18).
Provisions of the Government of India Act of 1919:
1. Provincial Diarchy (Dual Rule) – The Act provided a dual form of government (a ‘diarchy’) for the major provinces. It relaxed control over provinces by demarcating subjects as ‘central subjects’ and ‘provincial subjects’. Provincial subjects were further divided as – 2. Reserved Subjects – Administered by the governor with the help of his ‘Executive Council’. The 'reserved list' included Defence (the military), Foreign Affairs, and Communications. 3. Transferred Subjects – Administered by Governor with the aid of ‘Ministers’ responsible for ‘Provincial Legislative Council’. The 'transferred list' included Agriculture, supervision of local government, Health and Education. This dual system of government was known as ‘Diarchy’. This new system, however, failed to gain popular acceptance and Simon Commission recommended that Diarchy should be done away with and 1935 Act did the same. For the first time introduced ‘Direct Elections’ and limited franchise was granted on the basis of tax paid, education, property etc. in the country. The electorates were considerably enlarged to 5.5 million for the provinces and 1.5 million for the imperial legislature. A bicameral system at centre (the Central Legislature would comprise two chambers – the Council of State and the Indian Legislative Assembly) was introduced and majority members of both the houses in this bicameral system were directly chosen.
Page 9 of 15 4. Establishment of unicameral Provincial Legislative Councils. 5. The Central Legislature was empowered to enact laws on any matter for the whole of India. 6. Separate Electoral provision of Morley Minto was retained and extended to the Muslims, Sikh 7. Seats were reserved for the non-Brahmans in Madras and the 'depressed classes' were offered nominated seats in the legislatures at all l 8. The revenue resources were divided between the centre and the provinces, with land revenue going to the provinces, and income tax remaining with the centre. 9. The Governor-General was given powers to summon, prorogue, dissolve the Chambers, and to promulgate ordinances. Thus, despite reserved and transferred list, governor-general decision was final. 10. The number of Indians in Viceroy's Executive Council was increased to three out of eight members. The number was increased. however, the council still remained at best an advisory body and no real power conferred.
Significance of the reform of 1919:
It established parliamentary democracy in India and beginning of the process of decolonisation". For the first time government showed its intention of gradual introduction of responsible government in India. The structure of this Act also allowed Britain to use the Princely States (who were directly represented in the Council of States) to offset the growing power of the native political parties. One important significance of the reforms was that demand by nationalists for self-government or Home Rule couldn’t be termed as seditious since the attainment of self-government for Indians now officially became a government policy which was indicated in August Declaration of Montague.
The Government of India Act, 1935 The Government of India Act, 1935 was piloted in the House of Commons by the Secretary of State for India, Sir Samuel Hoare.
The Government of India Act, 1935 was a result of the following:
Simon Commission Report Nehru Report Round Table Conference White Paper Report of the Joint Select Committee Lothian Report over Franchise
Features of the Government of India Act, 1935
All India Federation
Page 10 of 15 While under previous Governments of India Acts, the Government of India was unitary, the Government of India Act, 1935 prescribed a federation, taking provinces and princely states as units. Although, it was optional for Indian states to join the Federation. Hence it never came into being. But, provinces were now no longer delegates of Central Government but were autonomous units of administration. To this extent, Government of India assumed the role of a federal government through Indian states did not come into the field to complete the scheme of federation.
Provincial Autonomy
The Government of India Act, 1935 proposed provinces as autonomous units of administration. The autonomy provided to the provinces meant two things. First, the Provincial Governments were wholly, responsible to the provincial legislatures and secondly, provinces, were free from outside control and interference in a large number of matters. It ended dyarchy at the provinces introduced in the Government of India Act, 1919. The executive authority was to be exercised by a Governor on behalf of Crown and was required to act with advice of Ministers responsible to legislature. However, the autonomy at provinces was limited as certain discretionary powers remained with the Governors appointed by the British government and the British authorities also retained a right to suspend the responsible government.
Dyarchy at Centre
Under the Government of India Act, 1935, the Governor-General had two functions: Administration of defence, external affairs, tribal area in his discretion with the help of 'counsellors' who were not responsible to legislature. Other subject matters- on advice of 'Council of Ministers' who were responsible to legislature. The Legislature Under the Government of India Act, 1935, the Central Legislature was bicameral, consisting of Federal Assembly and Council of States. The Council of States was to be upper house and a permanent body with one third of its membership retiring every 3rd year. It was to be composed of 260 members of which 156 were to be representatives of British India while, 101 of the Indian states. The Federal Assembly was the lower house with a tenure of five years. It was to be made of 375 members, out of which 250 were to be representatives of British India and not more than 125 members from the princely states. While the seats reserved for princely states were to be filled by nominated members, the provinces were given different numbers of
Page 11 of 15 seats. Election to the Federal assembly was to be indirect. The term of the assembly was five years but it could be dissolved earlier also. Also, in six of the Provinces, the Legislature was bicameral. Distribution of Legislative powers between Centre and the Provinces
Federal List- External Affairs, Currency and coinage, Naval, Military, Air-Force, Census. Provincial List- Police, Provincial Public Service, Education, etc. Concurrent List- Criminal Law and procedure, Civil Procedure, Marriage and Divorce, Arbitration, etc. Defence and external affairs would remain outside the control of federal legislature, Viceroy would retain special control over these subjects.
Indian Council of Secretary of State abolished The Government of India Act, 1935 abolished the Indian Council of Secretary of State,established by the Government of India Act of 1858.
Federal Bank was established The Government of India act, 1935 provided for the establishment of a Federal Bank to control the currency and credit of the country.
Federal Court was established The Government of India Act, 1935 provided for the establishment of a Federal Court which would interpret the Act and adjudicate disputes relating to the federal matters. The Act provided for a Federal Court which would consist of one Chief Justice and not more than six judges. The Federal Court was given exclusive original jurisdiction to decide disputes between the Centre and constituent Units. The provision was made for filing of appeals from High Courts to the Federal Court and from Federal Court to the Privy Council. The Federal Court also had jurisdiction to grant Special Leave to Appeal and for such appeals a certificate of the High Court was essential. Federal Railway Authority was established The Government of India Act, 1935 established a Federal Railway Authority, which was vested with the control of the railways. It was to be a seven member body. The authority was created to ensure freedom from the control of ministers and councillors. The idea was to assure the British stakeholder, that their investment in railways is safe.
Reorganisation of Provinces The Government of India Act, 1935 . reorganised the following provinces- Sindh was separated from the Bombay province. Bihar and Orissa were established as separate provinces.
Page 12 of 15 Burma and Aden separated The Government of India Act, 1935 separated Burma from India. It also detached Aden from India and established it as a separate colony.
Emergency powers to Governor-General In case of emergency, the Governor-General under Section 102 of the Government of India Act,1935 could issue a Proclamation of Emergency and empower the Federal Legislature to make laws on Provincial subjects. He could also issue directions to the Governors to act in a manner that the peace and order of the country was not endangered.
Idea of collective responsibility introduced Under the Government of India Act, 1935 , the Ministry was collectively responsible to the Federal Legislature.
No Dominion status Dominion status which was promised by the Simon Commission in the year 1929, was not conferred by the Government of India Act, 1935.
Franchise to one-sixth of adults only The Government of India Act, 1935 extended the franchise to one-sixth of the adults.
Strategy of British Government at that time They hoped that reforms would revive the political standing of the Liberals and other moderates who believed in the constitutional path. They hoped that Congressmen would be weaned away from mass political action and guided towards constitutional politics. They hoped that reforms could be used to promote dissensions and a split within the demoralised Congress ranks on the basis of constitutional vs non constitutionalist and Right vs Left. Conclusion The Act of 1935 was condemned by nearly all sections of Indian opinion and was unanimously rejected by the Congress. The Indian National Congress demanded instead, the convening of a constituent assembly elected on the basis of adult franchise to frame a constitution for an independent India. The significance of Government of India Act, 1935 can be best summed up in the words of the then Viceroy Lord Linlithgow himself: " After all we framed the constitution....of 1935 because we thought it the best way... to hold India to the Empire." The Government of India Act 1935, however, had introduced several features which later formed the nucleus of our Constitution.
Page 13 of 15 Indian Independence Act 1947
Lord Mountbatten (India’s last viceroy) proposed a plan in May 1947 according to which provinces were to be declared independent successor states with the power to choose whether to join the constituent assembly or not.
Mountbatten Plan Background Lord Mountbatten came to India as the last Viceroy and was assigned the task of a speedy transfer of power by the then British Prime Minister Clement Atlee. In May 1947, Mountbatten came up with a plan under which he proposed that the provinces be declared independent successor states and then be allowed to choose whether to join the constituent assembly or not. This plan was called the ‘Dickie Bird Plan’. Jawaharlal Nehru, when apprised of the plan, vehemently opposed it saying it would lead to balkanisation of the country. Hence, this plan was also called Plan Balkan. Then, the viceroy came up with another plan called the June 3 Plan. This plan was the last plan for Indian independence. It is also called the Mountbatten Plan. The June 3 Plan included the principles of partition, autonomy, sovereignty to both nations, right to make their own constitution. Above all, the Princely States such as Jammu and Kashmir were given a choice to either join India or Pakistan. The consequences of these choices would affect the new nations for decades to come. This plan was accepted by both the Congress and the Muslim League. By then, the Congress had also accepted the inevitability of the partition. This plan was put into action by the Indian Independence Act 1947 which was passed in the British Parliament and received the royal assent on 18 July 1947.
Provisions of the Mountbatten Plan British India was to be partitioned into two dominions – India and Pakistan. The constitution framed by the Constituent Assembly would not be applicable to the Muslim-majority areas (as these would become Pakistan). The question of a separate constituent assembly for the Muslim-majority areas would be decided by these provinces. As per the plan, the legislative assemblies of Bengal and Punjab met and voted for the partition. Accordingly, it was decided to partition these two provinces along religious lines.Mountbatten Plan Background The legislative assembly of Sind would decide whether to join the Indian constituent assembly or not. It decided to go with Pakistan. A referendum was to be held on NWFP (North-Western Frontier Province) to decide which dominion to join. NWFP decided to join Pakistan while Khan Abdul Gaffar Khan boycotted and rejected the referendum. The date for the transfer of power was to be August 15, 1947.
Page 14 of 15 To fix the international boundaries between the two countries, the Boundary Commission was established chaired by Sir Cyril Radcliffe. The commission was to demarcate Bengal and Punjab into the two new countries. The princely states were given the choice to either remain independent or accede to India or Pakistan. The British suzerainty over these kingdoms was terminated. The British monarch would no longer use the title ‘Emperor of India’. After the dominions were created, the British Parliament could not enact any law in the territories of the new dominions. Until the time the new constitutions came into existence, the Governor-General would assent any law passed by the constituent assemblies of the dominions in His Majesty’s name. The GovernorGeneral was made a constitutional head.
On the midnight of 14th and 15th August 1947, the dominions of Pakistan and India respectively came into existence. Lord Mountbatten was appointed the first Governor-General of independent India and M .A. Jinnah became the Governor-General of Pakistan.
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