Indian Independence Act 1947: Background, Features & Significance
Gajendra Singh Godara
Oct 6, 2025
10
mins read
The Indian Independence Act 1947 was a landmark legislation passed by the British Parliament that legally ended colonial rule and created two independent dominions India and Pakistan. Based on the Mountbatten Plan devised by Lord Louis Mountbatten, India's last Viceroy, the Act received Royal Assent on July 18, 1947.
The legislation established August 15, 1947 as the "appointed day" for partition, dividing British India into:
India (Hindu-majority areas)
Pakistan (Muslim-majority regions, including West Pakistan and East Pakistan, now Bangladesh)
This Act was the culmination of decades of Indian independence struggle and provided the legal framework for transferring power from the British Crown to native leadership, formally granting both dominions full sovereignty and ending over two centuries of British colonial rule in the subcontinent.
Impact of World War II and the Quit India Movement (1942):
World War II put immense pressure on British resources and weakened their control over India. The Quit India Movement in 1942, launched by the Indian National Congress, demanded an immediate end to British rule. This mass protest showcased India's strong desire for independence, convincing Britain that maintaining control would require costly suppression of widespread unrest, which hastened the decision to exit India after the war.
The Cripps Mission (1942)
In an effort to secure Indian cooperation during the war, the British government sent the Cripps Mission in 1942, offering India dominion status after the war with significant self-rule powers. However, Indian leaders—including the Congress—rejected the proposal as it did not guarantee immediate independence or adequate power sharing, keeping political tensions alive.
Failure of the Cabinet Mission Plan (1946)
The 1946 Cabinet Mission aimed to devise a constitution-making process acceptable to both the Indian National Congress and the Muslim League. However, it failed to resolve the Muslim League's demand for a separate Pakistan and the Congress’s insistence on a united India, deepening the political deadlock.
British Decision to Transfer Power (Early 1947)
In March 1947, under mounting pressure and an imbalanced political situation, the British Parliament decided that power would be transferred to India by mid-1948 at the latest. For this, a new Viceroy, Lord Mountbatten, was appointed to oversee the transition.
The Mountbatten Plan (3 June 1947)
Lord Mountbatten proposed the partition of British India into two separate dominions—India and Pakistan—to address the irreconcilable demands of the Congress and the Muslim League. This plan was agreed upon by major political parties and formed the basis for framing the Indian Independence Act. It also recognized the princely states' option to accede to either dominion.
The British Parliament passed the Act in mid-1947. It received Royal Assent on 18 July 1947, becoming law on that date. The Act itself stipulated that it would come into force on 15 August 1947, which became the official Independence Day for both India and Pakistan. In summary: the Act was approved on 18 July 1947 and took effect less than a month later on 15 August 1947 (the day the two new dominions were born).
Do you know who all fought for the Independence of India, read this detailed article on India’s Freedom Fighters
Partition of British India: The Act divided British India into two independent dominions—India and Pakistan—effective from 15 August 1947. Each dominion had the right to secede from the British Commonwealth if they chose.
End of British Sovereignty: British legal control over India ended. All powers previously held by the British government were transferred to the new dominions. The title "Emperor of India" was removed from the British monarch's royal titles.
Abolition of Viceroy and Secretary of State: The office of the British Viceroy was abolished, and Governor-Generals were appointed in each dominion by the British King based on advice from the dominion governments. The office of Secretary of State for India was also abolished and its responsibilities transferred to the Secretary of State for Commonwealth Affairs.
Empowerment of Constituent Assemblies: The Constituent Assemblies of India and Pakistan were given full authority to draft their own constitutions, make laws, and repeal existing British laws. New British laws would apply only if adopted by the dominion legislatures.
Boundary Demarcation: The Act established a Boundary Commission, chaired by Sir Cyril Radcliffe, to demarcate the borders between India and Pakistan, leading to extensive communal migrations and violence.
Fate of Princely States: British suzerainty over Indian princely states ended, and these states were free to join either dominion or declare independence. This provision reshaped India’s political map post-independence.
Governance Structure and Interim Constitution: The dominions could adopt the Government of India Act, 1935, as an interim constitution, with flexibility to modify it. The Governor-General was the constitutional head, empowered to act in His Majesty's name but bound by the advice of the respective council of ministers.
Discontinuation of Civil Service Appointments: The Act ended civil service appointments by the British Secretary of State for India. Civil servants appointed before 15 August 1947 continued to receive their entitlements.
Administrative Continuity: Until new constitutions were adopted, the existing Government of India Act 1935 remained operative to ensure a smooth transition.
Orderly Transfer of Power: The Act enabled a largely peaceful, legal handover of authority from Britain to Indian leaders. Rather than a revolutionary break, independence was achieved through Parliament’s enactment, which helped avoid a constitutional crisis.
Culmination of Freedom Struggle: It was a watershed moment marking “the culmination of decades of struggle” for independence. With this Act, the 200-year period of British rule formally ended.
Constitutional Foundation: The Act laid the groundwork for India’s constitution. By vesting power in Constituent Assemblies (while temporarily retaining 1935 Act provisions), it provided continuity and authority for constitution-making. India’s 1950 Constitution was drafted by the assembly empowered under this Act.
Birth of Two Nations: The Act legally gave birth to India and Pakistan. It fulfilled the demand for a separate Muslim homeland and set the territorial basis of modern South Asia.
Continuity and Change: While it ended colonial rule, the Act ensured administrative continuity (through existing laws) during the transition. Once new constitutions came into effect (1950 in India, 1956 in Pakistan), the Act was repealed and history shifted fully to independent governance.
Partition Violence: The Act’s implementation coincided with horrific communal violence and a massive refugee crisis.
Border Disputes: The hastily drawn borders (the Radcliffe Line) left unresolved issues. This “lack of clarity on the border” led to enduring conflicts, most notably the dispute over Jammu and Kashmir. The Act itself said little on such contentious matters.
Princely State Accession: Some princely states (e.g. Hyderabad, Junagadh) were reluctant to join either dominion. The Act’s provision for optional accession meant these cases required later military or political intervention.
Communal Tensions: Critics also point out the Act did not quell communal mistrust; indeed, partition deepened it. The shared history of violence and division remains a challenge for India-Pakistan relations.
UPSC Previous Year Questions
Q. The Radcliffe Committee was appointed to (2014)
solve the problem of minorities in India
give effect to the Independence Bill
delimit the boundaries between India and Pakistan
enquire into the riots in East Bengal
Ans: (c)
Frequently Asked Questions
Q. What is the Indian Independence Act 1947?
A. The Indian Independence Act 1947 was a law passed by the British Parliament that partitioned colonial India into two independent dominions - India and Pakistan.
Q. When was Indian Independence Act 1947 passed?
A. The Act received Royal Assent on 18 July 1947 and came into force on 15 August 1947. In practice, Parliament approved the Act on 18 July 1947, and 15 August 1947 was set as the Independence Day for both India and Pakistan.
Q. What are the main features of Indian Independence Act 1947?
A. Its main features included: ending British sovereignty and creating two dominions (India and Pakistan); abolishing the Viceroy’s office and having a Governor-General in each dominion; and vesting full power in each Constituent Assembly to legislate and adopt a constitution.
Q. What were the provisions of Indian Independence Act 1947?
A. The Act’s provisions included: creation of the two dominions effective 15 August 1947; partition of Bengal and Punjab into East/West sections; establishment of a Governor-General for each dominion; complete legislative authority to the new Constituent Assemblies; and ending British control over princely states.
Conclusion
In summary, the Indian Independence Act of 1947 was the legal cornerstone of India’s freedom. It “marks the culmination of decades of struggle” by formally transferring sovereignty to Indians. After independence, India’s Constituent Assembly drafted a new constitution; Article 395 of the 1950 Constitution repealed the Act, marking India’s full legal break from Britain. The Act’s legacy is immense: it gave birth to modern India and Pakistan and remains a key link between India’s colonial past and its modern constitutional democracy.
UPSC Notification 2025 was released on 22nd January 2025.
UPSC Prelims Question Paper 2025 and Unofficial Prelims Answer Key 2025 are available now.
UPSC Calendar 2026 is released on 15th May, 2025.
The UPSC Vacancy 2025 were released 1129, out of which 979 were for UPSC CSE and remaining 150 are for UPSC IFoS.
UPSC Mains 2025 will be conducted on 22nd August 2025.
UPSC Prelims 2026 will be conducted on 24th May, 2026 & UPSC Mains 2026 will be conducted on 21st August 2026.
The UPSC Selection Process is of 3 stages-Prelims, Mains and Interview.
UPSC Result 2024 is released with latest UPSC Marksheet 2024. Check Now!
UPSC Toppers List 2024 is released now. Shakti Dubey is UPSC AIR 1 2024 Topper.
