What are the main features of Indian Independence Act ?

1 Answer

Answer :

Two new empires: Two new empires were created from the Indian Empire: Pakistan and India. Date of appointment: August 15 , 1947 was announced as the date fixed for the partition. Regions: Pakistan: East Bengal , West Punjab , Indus and Balochistan of the Chief Commissioner. The fate of the North-West Frontier Province (now Khyber Pakhtunkhwa) depends on the results of the 1948 North-West Frontier Province referendum. Bengal and Assam: The Province of Bengal, formed under the Government of India Act, 1935, ceased to exist. Instead two new provinces were formed , East Bengal and West Bengal respectively. The fate of Sylhet district in Assam province was decided in the 1946 Sylhet referendum. Punjab: This province formed under the Government of India Act 1935 no longer exists. Two new provinces were formed , West Punjab and East Punjab respectively. The boundaries of the new provinces will be determined by the decision of a Boundary Commission appointed by the Governor General before or after the date of partition. Constitution of the new empire: Until the new constitution is drafted , the new empire and its provinces will be governed by the Government of India Act, 1935. (Provisional provisions as the government of each new empire). Governor-General of the new kingdom: A new Governor-General shall be appointed by the Crown for each of the new kingdoms , subject to the law of any one legislature of the new kingdom. The same person as the Governor General of both the kingdoms: Unless any one of the kingdoms takes the opposite action , the same person can be the governor general of both the kingdoms. Powers of the Governor General: (Article 9) The Governor General was empowered to enforce this Act. The division of territories , powers , duties , rights , resources , responsibilities, etc. was the responsibility of the Governor General. If necessary , the Governor-General may adopt and amend the Government of India Act , 1935. It had the power to introduce any change until March 31, 1947, after which it was open to the Electoral Council to amend or pass the law. (Provisional provisions as the government of each new empire.) The Governor-General had the full power to approve any law. Laws for the new empire: The existing legislature was allowed to continue as a legislature, along with the constitution-making body. (Provisional provisions as the government of each new empire) The legislature of each empire was given full power to legislate for this authority, including outsourced activities. The law of the United Kingdom will be extended to the territories of the new kingdom without passing it after the due date. No laws and regulations made by the new sovereign legislature will be inactive as they are contrary to the laws of England. The Governor-General of each kingdom has the full power to approve any law in the name of His Majesty. [Formation of the Constituent Assembly of Pakistan (CAP 1): 69 members of the Central Legislative Assembly + 10 immigrant members = 69]. Consequences of the Establishment of a New Dominion: His Majesty's Government has lost all responsibility for the new Dominion. His Majesty's sovereignty over the Indian states came to an end. All treaties or agreements with the Indian States and Tribal Areas that came into force at the time of the passage of this Act were revoked. The title "Emperor of India" was dropped from the title of British Crown. The Office of the Secretary of State for India was abolished and the provisions of the Government of India Act 1935 regarding the appointment of the Secretary of State to the civil service under the Crown were discontinued. Government Employees: According to Article 10, under the Government of the new Empire , Government employees appointed on or before 15th August , 1948 will have continuity of service with full benefits. Armed Forces: Articles 11 , 12 and 13 discuss the future of the Indian Armed Forces. To decide on the partition , a partition committee was formed on June 6 , 1948 , with two representatives from each party and a viceroy . He was replaced by a partition council of similar structure as soon as the partition process began. First and second list: In the first schedule, the districts of the new province of East Bengal are temporarily listed: Chittagong Division: Chittagong , Chittagong Hill Tracts , Noakhali and Tipperah districts. Dhaka Division: Bakarganj , Dhaka , Faridpur and Mymensingh districts. Presidency Division: Jessore District (excluding Bangaon Tehsil) , and Kushtia and Meherpur Tehsils (Nadia District). Rajshahi Division: Bogra District , Dinajpur (excluding Raiganj and Balurghat Tehsils) , Rajshahi , Rangpur and Nawabganj Tehsils (Malda District). The second schedule lists the districts included in the new province of West Punjab: Lahore Division: Gujranwala Districts , Lahore (excluding Patti Tehsil) , Sheikhupura , Sialkot and Shakargarh Tehsils (Gurudaspur District). Rawalpindi Division: Attock , Gujarat , Jhilam , Rawalpindi and Shahpur Districts. Multan Division: Dera Ghazi Khan , Zhang , Lialpur , Montgomery , Multan and Muzaffargarh districts.

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