Indian Independence Act (1947) marked the final stage in the constitutional evolution of the country.
Politically it was the final outcome of the freedom struggle of India that had witnessed different strand of political development from 1885 to 1947.
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All freedom fighters irrespective of the ideologies pursued by them demanded Independence.
It was the goal of all and was finally achieved by enactment of the Act of 1947 after undergoing through various phases of nationalism under the leadership of different nationalist leaders.
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Indian Independence Act (1947) was passed by the British Parliament and the Mountbatten Plan acted as the basis for the same. It basically provided for Independence of India from the British Empire and two independent states, viz.
Indian Union and Pakistan were to be created in the Indian sub-continent on August 15, 1947.
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Consequently, the office of the Secretary of State for India was abolished and the Commonwealth Secretary was assigned the responsibility of maintaining relations with Pakistan and the Indian Union.
The Act had provisions that the British Crown would appoint separate Viceroys for each of them. However, it had provision that both the States could opt to have one single Viceroy.
It provided an Interim Constitution to both India and Pakistan which was to operate till the Constituent Assembly of the country concerned was able to draw up and enacts its own Constitution.
By the time, new Constitutions were framed by these States, the government was to be run on the basis of the Government of India Act (1935). But the Governor-General and the Governors were to act only as nominal heads.
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They were reduced to the positions of Constitutional heads and were now to act on the advice of a Council of Ministers responsible to the legislatures. The special powers of these executive heads were also withdrawn.
The extraordinary power of legislation through Acts, Proclamation and Ordinances was no longer exercised by them unless they were advised to do so by the respective Council of Ministers.
The Governor no longer had the power to suspend the Provincial Constitution. The Constituent Assembly (which had already been busy with framing a new Constitution for India) was now to function as the Central Legislature of the country, in addition to its responsibilities of framing the constitution. In other words, it was both a legislative and a constituent body now.
By the time, new constituent assemblies were formed in these States, the existing constituent assemblies were empowered to frame laws concerning their respective States.
It further stated that the British paramountcy over the native states was to lapse and they were allowed to join any of these newly independent states.
Further it was left to the choice of these newly independent states that they would like to be the members of British Commonwealth of Nations or not.
The Indian Independence Act (1947) marked the close of constitutional development to India under the rule of the British. It was a mixed bag since, India was to be free but was to be partitioned.