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vustudents
08-15-2012, 06:21 PM
Q. Critically examine and explain in detail the salient features of the independence act 1947 (1996-A) (2005) (2006)
1. Introduction:
Lord Mountbatten reached India on March 24, 1947. as soon as he reached, he declared that he will complete the work of transfer of powers into the Indian hands meanwhile the bill of Indian independence act was passed by the parliament.
2. Indian Independence Act 1947:
Two states was established in accordance with the Indian independence act which was passed by the British parliament. the British Government surrendered all kinds of responsibilities for the territories of the Sub-Continent.
3. Salient features:
The sail


salient features of Indian independence act are as under.
(i) Partition of India:
Indian independence act 1947 provided for the partition of India and establishment of two dominions of India and Pakistan.
(ii) Legislature supremacy:
Indian independence act 1947 provides for legislature supremacy of the two dominions.
(iii) Cessation of British Rules:
It conceded the complete cessation of the British control over Indian affairs from August 1947.
(iv) Two constitutional assemblies:
Indian independence act provide two constitutional assemblies for two dominions. all powers were to be vested in the constituent assembly of each dominion.
(v) Right to remain member of British common wealth:
Under the Indian independence act the dominions were given full rights to decide whether to remain with the British commonwealth of nations or to come out of it.
(vi) Interim constitution:
Till the framing of the new constitution each of the dominions and all the provinces were to be governed in accordance with the government of India act 1935.
(vii) End of the right of the king to vote:
The right of king to veto laws or to reserve laws for his pleasure was given up. this right was given to the Governor general.
(viii) End of the title "Emperor of India:
The title of "Emperor of India" was to be dropped from the king of England.
(ix) Option for Armed and civil servants:
All the civil and army servants were given full option to join either of dominions.
(x) Termination of the Suzerainty of the crown:
It provides for termination of suzerainty of the crown over the Indian states. all treaties, agreements, exercisable by his majesty with regards to the states and their rulers were to be laps from 15th August 1947.
(xi) End of the office of the secretary of states:
The office of the secretary of the states for India was to be abolished and his work was to be taken over by the secretary of the state for common wealth affairs.
(xii) Office of Governor general:
It was provided that for each of the new dominions there shall be a Governor general who shall be appointed by his majesty and shall represent majesty for the purpose of the Government of the dominions.
(xiii) Right of dominion state:
The rulers of dominion states were given option to join either of the dominion keeping in view the majority of their population.
(xiv) Right to amend the Govt. of India act of 1935:
Under the independence act each dominion was authorized to amend the government of India act 1935.
(xv) Agreement with the Tribes:
Agreement with the tribes of the north-western frontier of India were to be negotiated by successor dominion.
3. Conclusion:
To Conclude I can say that; Indian independence act provides partition for India and present state of Islamic republic of Pakistan was created under this act. after Pakistan establishment, the govt. of India act of 1935 was adopted as Interim constitution.