Changes by the Independence Act, 1947
Examine how the Indian Independence Act of 1947 fundamentally altered the legal character, legislative capacity, and composition of the Constituent Assembly.
1. The Sovereign & Legislative Dual Role of the Assembly
The Indian Independence Act of 1947 brought three major modifications to the position of the Constituent Assembly. First, under Section 6 of the Act, it declared the Assembly to be a fully sovereign body, completely free from the structural limitations of the Cabinet Mission Plan. It could alter or abrogate any previous British laws concerning India, including the Indian Independence Act itself.
The Assembly became the first Parliament of independent India (Dominion Legislature). It was assigned two separate duties:
- Constituent Function: Drafting the Constitution. This was presided over by Dr. Rajendra Prasad.
- Legislative Function: Passing ordinary federal laws. This was presided over by G.V. Mavalankar (acting as Speaker).
These two functions were performed on separate days. This arrangement continued until November 26, 1949, when the task of constitution-making was completed. In its legislative capacity, the Assembly continued to function as the provisional Parliament of India until the first general elections were held in 1951-52. Furthermore, Section 8 of the 1947 Act mandated that the country would be run in accordance with the Government of India Act 1935 (with Governor-General's adaptations) until the new Constitution was operational.
Dual Structure of the Constituent Assembly (Post-1947)
2. Composition Changes & Partition Impact
The partition of the country led to a massive restructuring of the Constituent Assembly's membership. The withdrawal of the Muslim League members representing territories that went to Pakistan (East Bengal, West Punjab, Sindh, Baluchistan, and Sylhet) reduced the size of the Assembly significantly.
The overall strength of the Assembly was reduced to 299 from the original 389. This had two major components:
- Provinces (formerly British Provinces): Membership fell from 296 to 229.
- Princely States: Membership fell from 93 to 70.
The Act of 1947 declared that British paramountcy over the princely states lapsed. They were free to join either dominion or remain independent, though most joined India. The Act also abolished the office of the Secretary of State for India and transferred its functions to the Secretary of State for Commonwealth Relations, removing the final administrative links of British control.
Numerical Comparison: Cabinet Mission (1946) vs. Post-Independence (1947)
| Component |
Cabinet Mission Plan (Original) |
Post-Independence Act (Actual) |
Net Change |
| British Indian Provinces |
296 |
229 |
-67 |
| Indian Princely States |
93 |
70 |
-23 |
| Total Strength |
389 |
299 |
-90 |
Chronology of the Transition (1946 - 1947)
- Cabinet Mission Plan — May 1946: Proposed the creation of the Constituent Assembly as a non-sovereign body, operating under British limitations with a total strength of 389 members.
- Mountbatten Plan — June 3, 1947: Announced the partition of British India into two independent dominions: India and Pakistan.
- Indian Independence Act, 1947 — July 18, 1947: Passed by the British Parliament, formally granting sovereign status to the Constituent Assembly and abolishing British paramountcy.
- Dawn of Independence — August 15, 1947: India became an independent dominion. The Assembly assumed supreme legislative authority for the dominion of India.
- First Legislative Session — November 17, 1947: The Assembly met for the first time in its capacity as the Dominion Legislature (Parliament) and elected G.V. Mavalankar as its Speaker.
Key Questions & Answers
- What did it mean for the Constituent Assembly to become a fully sovereign body in 1947?
- It could frame any Constitution it pleased and could abrogate or alter any law passed by the British Parliament in relation to India.
- What were the two distinct functions assigned to the Constituent Assembly after the 1947 Act?
- 1. Constituent function: Framing the Constitution. 2. Legislative function: Enacting ordinary laws for the country.
- Who presided over the Constituent Assembly during its legislative sessions?
- G.V. Mavalankar , who acted as the Speaker of the Assembly functioning as the Dominion Legislature.
- Why did the strength of the Constituent Assembly decrease from 389 to 299?
- Because the Muslim League members representing areas included in Pakistan withdrew from the Assembly following partition.
- What was the final strength of the Princely States in the Indian Constituent Assembly after partition?
- The strength fell from 93 originally to 70 members.
Memory Aids
- Mnemonic 1: The Three Sovereign changes: Remember the three structural changes in the Constituent Assembly: **S**overeign body, **L**egislative/dual function body, and **C**omposition reduction.
- Mnemonic 2: Dual Chairs: When the Assembly met as the **Con**stituent body, Dr. Rajendra **Prasad** presided. When it met to make ordinary **Law**, G.V. **Mavalankar** presided.
- Mnemonic 3: Strength Reduction: Post-partition, total strength fell from 389 to **299**, Indian provinces fell to **229**, and Princely States fell to **70**.
Common Exam Traps
- Trap 1: Do not assume the Constituent Assembly was sovereign from its inception in December 1946. It was a non-sovereign body created under the British Cabinet Mission Plan, and became sovereign only on August 15, 1947, via the Independence Act.
- Trap 2: The Assembly did not perform both constituent and legislative functions simultaneously on the same day. These tasks were performed on separate days under different presiding officers.
- Trap 3: Dr. Rajendra Prasad did not preside over all sessions of the Assembly. G.V. Mavalankar presided when the Assembly met as a legislative body (parliament).
- Trap 4: The strength of the provinces did not remain at 296. It was reduced to 229, while the princely states' strength fell to 70, making the total strength 299.