I know, by reading the headlines you might be angry or you might feel that the writer of this article might have turned lunatic or maybe trying to get some cheap publicity. Just wait, before you come to any such conclusions, I would request you to read the entire article and then draw a conclusion.
Before drowning deep, we should first know about The India Independence Act of 1947. This is an act of the Parliament of the United Kingdom which came into existence just a few days earlier to the so-called Indian independence date i.e. 15th August 1947. This act divided British India into two new independent dominion states: India and Pakistan. The law received royal approval on July 18, 1947, and therefore India and Pakistan, including the western (modern Pakistan) and eastern (modern Bangladesh) regions, entered into force on August 15.
Representatives of different political parties especially from the legislatures of the Indian National Congress, the Muslim League and the Sikh community reached an agreement with Lord Mountbatten on what became known as the June 3 plan or Mountbatten plan. This plan was the final and ultimate plan for independence.
After feeling the heat of immense opposition to British rule in India, which no doubt arose as a result of the massive non-violent independence movement led by Mahatma Gandhi, the British made the political decision to leave India after World War II and began the process of decolonization. Fortunately, the British acted irresponsibly, fleeing India like pirates abandoning a ship on the high seas. If so, there would be anarchy.
The British decided to transfer power legally to avoid disruption or disruption even in the eyes of international law. However, the Indian Independence Act of 1947; although it is the title of the Constitution of India, which is the source of power, it is less well known even among students of constitutional law.
Lord Mountbatten (the last viceroy of India) in May 1947 proposed a plan according to which the provinces would be declared independent successor states with the right to choose whether to join the constituent assembly or not.
Background of provision plan by Mountbatten
- Lord Mountbatten came to India as the last viceroy and was ordered by the then Prime Minister of Great Britain, Clement Utley, to transfer power as soon as possible.
- In May 1947, Mountbatten devised a plan in which he proposed declaring the provinces as independent successor states and then giving them the option to join the constituent assembly or not. In Indian and British history, this plan was termed as the “Dickie Bird Plan”.
- Upon learning of the plan, Jawaharlal Nehru categorically opposed it, clearly mentioning that it would lead to the Balkanization of the country. Hence, this plan was also popularly known as the “Balkan Plan“.
- Then the viceroy came up with another plan known as the “June 3 Plan.” This plan was the final plan for the independence of India. This plan is popularly known as the “Mountbatten Plan”.
- The 3rd June plan included the principles of partition, autonomy, and the sovereignty of both nations and the right to create their own constitution.
- Most importantly, princely states like Jammu and Kashmir had a chance to join India or Pakistan. The consequences of this choice will affect new countries for decades to come.
- This plan was adopted by both Congress and the Muslim League. By then, Congress had also recognized the inevitability of partition.
- This plan was set in motion by the Indian Independence Act of 1947, which was passed by the British Parliament and received royal approval on July 18, 1947.
Provision Plan made by Mountbatten
- British India would be divided into two domains: India and Pakistan.
- The constitution drawn up by the Constituent Assembly will not apply to Muslim majority territories (as they will become Pakistan). These provinces will decide on a separate constituent assembly for Muslim majority areas.
- Under the plan, the Bengal and Punjab legislatures met and voted in favour of partition. Consequently, it was decided to divide the two provinces along religious lines.
- The Sindh Legislature will decide whether to join the Constituent Assembly of India or not. It was decided to go with Pakistan.
- A referendum was to be held on the NWFP (Northwest Frontier Province) to decide which domain to join. The NWFP decided to join Pakistan, while Khan Abdul Ghaffar Khan boycotted and rejected the referendum.
- The date of the transfer of power would be August 15, 1947.
- To establish international borders between the two countries, a border commission was created under the chairmanship of Sir Cyril Radcliffe. The commission was supposed to divide Bengal and Punjab into two new countries.
- The princely states were given a choice: remain independent or join India or Pakistan. British sovereignty over these kingdoms ended.
- The British monarch no longer used the title “Emperor of India”.
- After the creation of the dominions, the British Parliament could not pass any laws in the territories of the new dominions.
- Until new constitutions emerge, the Governor-General will pass any laws passed by the constituent assemblies of the dominions on behalf of His Majesty. The Governor-General became the constitutional chief.
- At midnight on August 14 and 15, 1947, the dominions of Pakistan and India were established, respectively. Lord Mountbatten was appointed as the first Governor-General of independent India and Massachusetts. Jinnah became Governor-General of Pakistan.
The princely states that joined India subsequently signed merger agreements and merger agreements in the domain of India. Their representatives participated in the discussions of the Constituent Assembly of India on the development of the Constitution.
The Constituent Assembly of India, having received the sovereign powers delegated by the British Parliament and supplemented by the princely states, determined the Constitution of India, which was executed with great grace on November 25, 1949.
This is how the Republic of India was founded on January 26. 1950. The 1947 Act, passed by the British Parliament and supplemented by the Affiliation Document signed by the princely states, was the source of power for the Constituent Assembly of India to draft the constitution.
Although symbolically the Indian Constitution begins with the words “We the people of India”, the legal force in the legal sense comes from the 1947 Act. There was not a large gathering of people who could formulate the Constitution of India. In fact, the 1947 Act constitutes the right of the Constituent Assembly of India to formulate the Constitution of India with respect to the territory that was part of British India. In fact, the Indian Constitution itself recognizes this position and explicitly provides for the “repeal” of the 1947 Act in accordance with section 395.
In Indian legal practice, the importance of the Indian Independence Act should not be underestimated.
Now, I leave it on my readers you decide whether we should be happy to celebrate our fake independence or should we unite together and work to accomplish the mission of Netaji Subhas Chandra Bose, Chandrasekhar Azar, Bhagat Singh and other freedom fighters who gave their life for actual freedom and not for a leased freedom.