Arun Anand
The Indian Independence Act was passed in 1947 in British Parliament on July 5 and it got the royal assent on July 18 thus paving the way for partition of India into two independent and sovereign nations- India and Pakistan. This division was result of what is known in common parleys as the ‘Mountbatten Plan.’
According to the British Parliamentary archives1, “The act created two new independent dominions; India and Pakistan. Pakistan was split into Pakistan and East Pakistan which is now Bangladesh. The Bengal and Punjab provinces were partitioned between the two new countries. These dominions separated the Muslim, Hindu and Sikh population and caused the biggest forced migration which has ever happened that was not the result of war or famine.”
The Act repealed the use of ‘Emperor of India’ as a title for the British Crown. It also ended all existing treaties with the princely states. However, Lord Mountbatten continued as Governor-General of India while Jawaharlal Nehru was appointed India’s first Prime Minister. Meanwhile Muhammad Ali Jinnah became Pakistan’s Governor-General and Liaquat Ali Khan its Prime Minster.
The Indian Independence Act was subsequently repealed through Article 395 of the Constitution of India that was implemented on 26 January 1950. Pakistan repealed this Act through Article 221 of its Constitution in 1956, both constitutions being intended to bring about greater independence for the new states.
Some of the key takeaways from the India Independence Act, 1947 were2–
-It declared India an independent and sovereign state on August 15, 1947, ending British authority in India.
-It called for the partition of India and the establishment of two sovereign, Indian and Pakistani dominions, each with the right to withdraw from the British Commonwealth.
-It abolished the viceroyalty and established a governor-general for each dominion, who was to be nominated by the British King on the recommendation of the dominion government. His Majesty’s Government in the United Kingdom was not to be held responsible for the governments of India or Pakistan.
-It gave the two dominions’ Constituent Assemblies the right to draft and approve any constitution for their separate countries, as well as annul any British Parliament legislation, including the Independence Act itself.
-It gave both dominions’ Constituent Assemblies the right to legislate for their separate regions until new constitutions were created and implemented. After August 15, 1947, no Act of the British Parliament could be extended to either of the two dominions unless it was preceded by a statute of the dominion’s legislature.
-The secretary of state for India was disbanded, and his responsibilities were moved to the secretary of state for Commonwealth Affairs.
-From August 15, 1947, it declared the end of British supremacy over Indian princely kingdoms and treaty agreements with tribal lands.
-It gave Indian princely states the option of joining the Dominion of India or the Dominion of Pakistan, or remaining independent.
-The Government of India Act of 1935 was used to rule each of the dominions and provinces until the new Constitutions were drafted. The dominions, on the other hand, were given the authority to amend the Act.
-It took away the British Monarch’s ability to reject measures or request that specific bills be reserved for his approval. This power, however, was reserved for the Governor-General. In the name of His Majesty, the Governor-General would have complete authority to consent to any measure.
-It named the Governor-General of India and the provincial governors as the states’ constitutional (nominal) leaders. In all things, they were required to follow the advice of their individual councils of ministers.
-It removed the title of Emperor of India from the king of England’s regal titles.
-It stopped the secretary of state for India from appointing civil servants and reserving jobs. Civil servants who were hired before August 15, 1947, would continue to receive any perks that they were entitled to up to that period.
Partition of India
Indian Independence ACT, 1947 unleashed one of the biggest human tragedies in the history of mankind caused due to partition. The Partition of India was one of the most defining events in the history of the Indian subcontinent. With no accurate accounts of how many died or lost their homes, estimates suggest that perhaps up to 20 million people were affected by the Partition and somewhere between 200,000 – 1 million lost their lives.3
Organisations like Rashtriya Swayamsevak Sangh(RSS) played an important role in saving lives of millions of Hindus and Sikhs. The volunteers of the RSS, a socio-cultural organisation also played an important role in relief and rehabilitation efforts in various cities of India where the refugees from Pakistan were trying to settle down to begin their new lives.
Though the RSS was a relatively young organisation at the time as it was only set up in 1925, it played a stellar role in bringing millions of Hindus and Sikhs safely to India as there was a communal carnage targeting them in the geographical regions which were supposed to go to Pakistan.
Recalling the role of the RSS’ swayamsevaks during Partition, Professor A.N. Bali, in his book Now It Can Be Told, wrote that the RSS was ever-present in Punjab.
“Who came to the rescue in those difficult times to protect the people, except those young men known as RSS. They arranged for safe passage of women and children in each and every mohalla, in every city of the state,” he wrote.
“They arranged for their food, medical help, and clothing and took care in every possible way. They organised fire-fighting teams in different cities and towns. They arranged for lorries and buses to carry the escaping Hindus and Sikhs and posted defence teams in railway trains.”
Bali wrote that even Congress leaders took the help of the RSS.
“They patrolled relentlessly in different Hindu and Sikh localities. They trained people in self-defence. They were the first ones to reach these terrified people, first to help them and were the last to come to secure places in east Punjab,” he wrote.
“I can recount the names of many well-known Congress leaders in different districts of Punjab who took help from the RSS, for their own security and security of their families. They never ignored any call for help. There were many cases where Sangh volunteers took Muslim women and children from Hindu mohallas to Muslim League refugee camps.”
Bali was an academician in Panjab University and witnessed the carnage in Lahore and surrounding areas himself, after which he penned his book that was published in 1949. It was republished a couple of years ago by Delhi-based Prabhat Prakashan.
“When the entire Punjab was on fire and Congress leaders were sitting helplessly in Delhi, at that time volunteers of RSS saved the people of Punjab with their discipline, and physical strength, risking their own lives,” he wrote.
“Each and every person from amongst the refugees who came from West Pakistan is indebted to the Sangh. When everybody had abandoned them, only the Sangh stood by them.”4
(Arun Anand is a journalist based in New Delhi. He has worked at editorial positions in leading dailies and broadcast including The Statesman Dainik Jagran Midday IANS and TV Today. The writer is an author and columnist and has written several books)
Notes
- Parliamentary Archives, HL/PO/PU/1/1947/10&11G6c30. weblink: https://www.parliament.uk/about/living-heritage/evolutionofparliament/legislativescrutiny/parliament-and-empire/collections1/collections2/1947-indian-independence-act/
- Capacity Building Mission, Government of India. Weblink: https://cbc.gov.in/cbcdev/crown/crown10.html
- https://www.partitionmuseum.org/partition-of-india
- https://theprint.in/india/only-sangh-stood-by-them-how-rss-helped-sikhs-and-hindus-of-punjab-during-partition/714850/