INDEPENDENCE WITH PARTITION

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Clement Atlee, British PM, sensing the trouble all around, made an announcement on February 20, 1947. British House of commons declared the British intention of leaving the Indian subcontinent.

Atlee’s statement (Feb 20, 1947)

• The British would withdraw from India by 30th June 1948.
• Wavell would be replaced by Lord Mountbatten as Viceroy.
• Power may be transferred to one centre or in some areas to existing Provincial governments British powers and obligations vis-à-vis princely states would lapse with transfer of power, but these would not be transferred to any successor government in British India.

Congress stand: The Provision of transfer of power to more than one centre was acceptable to congress.

Mountbatten Plan (June 3, 1947)

• Punjab and Bengal assemblies to take decision partition
• Sindh to take its own decision
• Referendum in NWFP and Sylhet district
• Two dominions to be created if partition is to take place, with 2 constituent assemblies.
• Freedom to be granted on Aug 15, 1947
• July 18, 1947: The Indian Independence Act, 1947 got royal assent
• Sir Cyril Radcliff established the Boundary Commission to fix the International Boundaries.

Indian Independence Act (5th July 1947)

• It resulted in two new dominion states from the Indian Empire- India and Pakistan.
• East Bengal, West Punjab, Sind, and Province of Baluchistan constituted Pakistan and the remaining portions were termed as India.
• Existing central legislative assembly and council of states were to be automatically dissolved.
• Until the introduction of new constitutions, the new dominions were also governed under the Government of India Act, 1935
• Subject to the new constitutions of new dominions, Governor-General was supposed to be appointed.
• Further division of territories, powers, duties, assets, and liabilities were the responsibility of the Governor-General.
• The act subsequently dissolved into Article 395 of the Constitution of India and Article 221 of the Constitution of Pakistan.
• M.A Jinnah became the first Governor-General of Pakistan; India however decided to request Lord Mountbatten to continue as GG of India.