Partition and the Indian Independence Act, 1947
This is the final and climactic phase of India’s journey to freedom, where all the political decisions of the preceding years crystallized into legal and geographical reality.
In this part, we move from the Boundary Commission — which physically divided the land — to the Indian Independence Act of 1947 — which legally ended British rule. Together, they transformed “British India” into two independent dominions: India and Pakistan.
Boundary Commission – Drawing a Line Across a Civilization
Background
Under the Mountbatten Plan (3 June 1947), it was decided that if Punjab and Bengal voted for partition, their boundaries would be demarcated by a Boundary Commission.
Both assemblies voted for partition (Punjab on 23 June, Bengal on 20 June).
Hence, Britain set up two Boundary Commissions —
one for Punjab and one for Bengal — to draw the borders between India and Pakistan.
Composition
Each Boundary Commission had five members:
- Chairman: Sir Cyril Radcliffe (a British lawyer).
- Two members nominated by the Congress.
- Two members nominated by the Muslim League.
Sir Cyril Radcliffe – The Man Who Had Never Seen India
- Radcliffe arrived in India on 8 July 1947.
- He was an eminent British lawyer, but remarkably — he had never been to India before.
- He was given just five weeks to draw the boundary between two nations with centuries of shared history, culture, and blood.
His task was to determine which districts, tehsils, and even villages would fall into India or Pakistan, based on religious majority, administrative convenience, and economic considerations.
This was an impossible task — rushed, imprecise, and destined to leave both sides dissatisfied.
The Radcliffe Award
- Radcliffe submitted his final report on 12 August 1947.
- The Award defined the boundary line between India and Pakistan — later called the Radcliffe Line.
- However, Mountbatten delayed its publication until 17 August, two days after independence, to avoid British responsibility for the chaos it caused.
The delay had tragic consequences:
- People in border areas did not know which country they belonged to.
- Both Indian and Pakistani flags were hoisted in many towns.
- Thousands who thought they were safe later discovered they were on the “wrong” side of the border.
This confusion triggered mass panic, migration, and violence — the human cost of Partition.
The Radcliffe Line
- Named after Sir Cyril Radcliffe, this line became the international border between:
- India and Pakistan (in the west), and
- India and Bangladesh (in the east, after 1971).
- It cut across homes, farmlands, rivers, and hearts — symbolizing how abruptly history can be divided.
The Indian Independence Act of 1947 – The Legal Birth of Two Nations
The Passage of the Act
Once the Mountbatten Plan was accepted by both the Congress and the League, it had to be legalized by the British Parliament.
Thus came the Indian Independence Act of 1947, which received Royal Assent on 18 July 1947.
This Act formally ended British rule in India and created two new sovereign dominions —
India and Pakistan.
Effective Dates
- Pakistan: Became an independent dominion on 14 August 1947.
- India: Became an independent dominion on 15 August 1947.
(The one-day difference was to allow Mountbatten to attend the Independence ceremonies of both nations.)
Key Features / Salient Provisions
Creation of Two Dominions
- British India was divided into India and Pakistan.
- Both were independent and sovereign from the date of transfer.
- Each had its own Governor-General (appointed by the British King on advice of its Dominion Cabinet).
End of British Control
- The Office of the Secretary of State for India was abolished.
- Its functions were transferred to the Secretary of State for Commonwealth Affairs.
- The title “Emperor of India” used by British monarchs since 1876 was dropped.
End of Paramountcy
- All treaties and agreements with the Princely States and tribal areas were terminated.
- The British Crown’s paramountcy — its political and legal authority over princely rulers — lapsed.
- Thus, each princely state was free to join India or Pakistan, but not to remain independent.
Constituent Assemblies Empowered
Each Dominion’s Constituent Assembly would:
- Frame and adopt its own Constitution.
- Repeal any British laws, including the Independence Act itself.
- Function as a legislature until the new Constitution came into force.
Continuation of Government Under 1935 Act
- Until new Constitutions were ready, governance would continue under the Government of India Act, 1935.
- However, each Dominion could amend or modify this Act as it wished.
End of British Crown’s Legislative Powers
- After 15 August 1947, no Act of the British Parliament would automatically apply to India or Pakistan.
- Both were now sovereign legislatures.
The Viceroy’s Office Abolished
- The office of the Viceroy was abolished.
- Instead, each Dominion would have a Governor-General, representing the Crown only in a constitutional capacity.
- They would act solely on the advice of their Dominion Cabinet, with no veto powers.
First Leadership under the New Dominion Setup
| Dominion | Governor-General | Prime Minister |
|---|---|---|
| India | Lord Louis Mountbatten | Jawaharlal Nehru |
| Pakistan | Muhammad Ali Jinnah | Liaquat Ali Khan |
Thus, both new nations were born — not through revolution, but through an act of the same British Parliament that had once ruled them.
The Significance of the Indian Independence Act
| Positive Aspects | Limitations / Ironies |
|---|---|
| Formally ended 200 years of colonial rule. | Freedom came through Partition and bloodshed. |
| Granted full sovereignty to Indian hands. | Both dominions initially remained under Dominion Status. |
| Empowered India to frame its own Constitution. | Left several unresolved issues — Kashmir, refugees, boundary disputes. |
| Ended British paramountcy over princely states — paving the way for Sardar Patel’s integration efforts. | Did not create any mechanism for handling Partition violence or population exchange. |
In Retrospect – From Empire to Republic
The Indian Independence Act legally dismantled the British Empire in India.
It transformed a colony into a Commonwealth partner, and subjects into citizens.
Yet, it was a bittersweet freedom:
The same day that India celebrated independence, millions were uprooted, and nearly a million lost their lives in the communal carnage following Partition.
In Essence
The Boundary Commission divided India’s geography.
The Indian Independence Act divided its sovereignty.
Together, they ended an empire — but also began a new chapter of nation-building amidst sorrow and hope.