6 | India Independence Act: Independence, Radcliffe line and Partition
- indiastatestories
- Jul 25
- 8 min read
Updated: Oct 13
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As described in the previous article, the Menon-Mountbatten Plan Announced on June 3, 1947, laid out the framework for India’s partition and transfer of power. It proposed that the provinces of Punjab and Bengal would vote on whether to be partitioned, based on decisions made by their legislative assemblies. In Sindh, the decision was left to its own Assembly. North-West Frontier Province (NWFP) and Sylhet district in Assam would decide through referendums.
In the event of partition, a Boundary Commission was to be appointed to demarcate borders, especially for Punjab and Bengal. The Plan created two new Dominions—India and Pakistan—each with its own Constituent Assembly to draft a new constitution. Princely states could accede to either dominion based on contiguity and popular will. A timeline for complete independence was set for 15 August 1947, with an interim government in place until that date.
Implementation of the June 3rd Plan
Following the plan’s acceptance, the British administration and Indian leaders had to implement the complex arrangements for partition and independence within a very short time. This included conducting referendums, drafting legislation, dividing services and armed forces, and ensuring continuity of governance—all under immense pressure.
Under the plan, the provinces themselves decided whether they would be partitioned. In Bengal, the Legislative Assembly voted to join the new Constituent Assembly for Pakistan. However, members from non-Muslim-majority areas voted separately to partition the province and join India. In Punjab, a similar pattern emerged with the Assembly opting for Pakistan, but Hindu and Sikh-majority areas voting for partition and accession to India.
The Sindh Assembly voted narrowly to join Pakistan. In Baluchistan, the Shahi Jirga and local municipal representatives opted unanimously for Pakistan. In NWFP, despite opposition from Congress leader Abdul Ghaffar Khan and a boycott of the referendum by his supporters, the majority voted in favor of joining Pakistan. In Sylhet, the referendum also yielded a pro-Pakistan outcome, leading to its merger with East Bengal.
Drafting the Indian Independence Bill
Once partition was accepted, the British government rapidly drafted the Indian Independence Bill, a concise document with only twenty clauses. Despite its brevity, the bill was the result of intense collaborative work between British officials and Indian leaders. Notably, the draft bill was shared with leaders of both the Congress and the Muslim League, and their comments were incorporated into the final version.
The bill was introduced in the British Parliament on 4 July 1947 and passed within two weeks, receiving Royal Assent on 18 July as India Independence Act-1947. It formally dissolved the existing Central Legislature and empowered each Dominion’s Constituent Assembly to serve as its legislature. Until the new Constitutions were adopted, both Dominions would operate under the Government of India Act, 1935, suitably modified.
Initially, the plan envisioned a common Governor-General for both Dominions. Nehru had already invited Lord Mountbatten to remain as India’s Governor-General. Though Jinnah originally supported the idea of a central authority figure, he ultimately informed Mountbatten that he would prefer to serve as Governor-General of Pakistan himself. Mountbatten accepted Congress’s invitation to stay on in India, a decision that was supported even by Jinnah, for the sake of stability during the transition.
Reconstruction of the Interim Government
A critical challenge emerged around the functioning of the interim government. Congress insisted that the Muslim League no longer deserved to be part of it, given its rejection of the earlier Cabinet Mission Plan. To avoid a political breakdown, Mountbatten devised a compromise: Congress ministers would handle Indian affairs, while Muslim League ministers would oversee matters pertaining to Pakistan. Matters of joint interest would be discussed under the Governor-General’s leadership. This effectively established two provisional governments well before independence.
To oversee the administrative separation, a Partition Council and ten expert committees were established. These bodies dealt with issues ranging from the division of services and financial assets to foreign relations and records management. A separate Arbitral Tribunal, headed by Sir Patrick Spens, was formed to resolve disputes where mutual agreement could not be reached.
Under the leadership of officials like H.M. Patel and Chaudhuri Mahomed Ali, much of the groundwork was completed efficiently, and even remaining disputes were resolved informally through Mountbatten’s mediation, making the tribunal largely redundant.
Division of the Armed Forces
Partition necessitated the division of the Indian Armed Forces. It was decided early on that each Dominion would control its own military forces from 15 August. Initially, the division was to be based on geography and citizenship rather than religion. However, the eventual structure reflected communal realities: non-Muslim majority forces under India’s control, and Muslim-majority units under Pakistan’s.
Field Marshal Claude Auchinleck was appointed Supreme Commander, operating under the Joint Defence Council, which coordinated military division until April 1948. However, mutual distrust and political tensions led to the premature abolition of Auchinleck’s command by November 1947.
Services and Compensation
European officers, both civil and military, were offered generous compensation packages in light of the transition. Many declined to continue serving in independent India, opting instead for early retirement. Indian officers, on the other hand, were retained under the same conditions unless their cases fell under special hardship categories. The British government bore the cost of compensating European officers and eligible Indian officers.
Federal Structure and Legislative Sovereignty
The Indian Independence Act laid the groundwork for a federal arrangement, though temporarily built upon the 1935 Act. The Constituent Assemblies of both Dominions were granted full legislative sovereignty. Clause 6 of the Act confirmed that neither Dominion would be subordinate to the British Parliament, and both could amend or repeal any existing British law applicable to them. This provision underscored the complete and irreversible nature of Indian and Pakistani independence.
Rejection of a United India
The Cabinet Mission’s original goal of preserving a united Indian federation proved politically unviable. The June 3rd Plan formally abandoned this goal, acceding to the Muslim League’s demand for a separate Pakistan. The demand for an independent Pathanistan was dismissed by both the British and the Muslim League.
Partition was a reluctant compromise, not a consensus. Yet, by August 15, the structures for two sovereign states were firmly in place. Despite dissatisfaction, mutual exhaustion and urgency led to acceptance of the arrangements—with the hope that future negotiations might resolve lingering issues.
The Boundary Commissions: Punjab and Bengal
Two Boundary Commissions, chaired by Sir Cyril Radcliffe, were constituted to divide Punjab and Bengal, with separate high court judges nominated by the Congress and Muslim League. The commissions faced intense pressure, limited time, and deep political contention. Neither set of members could agree on the boundaries, leaving Radcliffe to give a unilateral award.
The Radcliffe Award, released on 17 August, was controversial. In Bengal, it awarded fewer districts and population to West Bengal than expected, excluding areas like Khulna and Chittagong Hill Tracts. In Punjab, Lahore was awarded to Pakistan, while Gurdaspur and Amritsar went to India. The decision left both sides deeply dissatisfied but was accepted provisionally.
THE MUSLIM-MAJORITY DISTRICTS OF THE PUNJAB AND BENGAL
ACCORDING TO THE 1941 CENSUS
The Punjab
Lahore Division —Gujranwala, Gurdaspur, Lahore, Sheikhupura, Sialkot.
Rawalpindi Division —Attack, Gujrat, Jhelum, Mianwali, Rawalpindi, Shahpur.
Multan Division — Dera Ghazi Khan, Jhang, Lyallpur, Montgomery, Multan, Muzaffargarh.
Bengal
Chittagong Division —Chittagong, Noakhali, Tippera.
Dacca Division —Bakerganj, Dacca, Faridpur, Mymensingh.
Presidency Division —Jessore, Murshidabad, Nadia.
Rajshahi Division —Bogra, Dinajpur, Malda, Pabna, Rajshahi, Rangpur
Bengal:
The Radcliffe Award allocated 28,000 sq miles to West Bengal with 21.19 million people, including 5.3 million Muslims (29%), and 49,000 sq miles to East Bengal with 39.11 million people, including 11.4 million Hindus (29.1%). West Bengal received 36.36% of the land and 35.14% of the population, while East Bengal received the remainder. These figures reflect Radcliffe’s adherence to the Congress’s key demands: maximizing the concentration of Muslims and non-Muslims in their respective zones, and ensuring demographic symmetry between the two regions (Chatterji, 1999).
From First Schedule of India Independence Act
Bengal districts provisionally included in the new province of East Bengal
In the Chittagong Division, the districts of Chittagong, Noakhali and Tippera.
In the Dacca Division, the districts of Bakarganj, Dacca, Faridpur and Mymensingh.
In the Presidency Division, the districts of Jessore, Murshidabad and Nadia.
In the Rajshahi Division, the districts of Bogra, Dinajpur, Malda, Pabna, Rajshahi and Rangpur.
The Punjab:
British-administered Punjab (Undivided) accounted for two-thirds of the area of total Punjab, and over 80% of the population, showing its dominance in both administrative and demographic terms. Princely states—while occupying one-third of the territory—had a significantly lower population density., they housed only 18.8% of the population.
SECOND SCHEDULE of INDIA INDEPENDENCE ACT-1947
DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF WEST PUNJAB
In the Lahore Division, the districts of Gujranwala, Gurdaspur, Lahore, Sheikhupura and Sialkot.
In the Rawalpindi Division, the districts of Attock, Gujrat, Jhelum, Mianwali, Rawalpindi and Shahpur.
In the Multan Division, the districts of Dera Ghazi Khan, Jhang, Lyallpur, Montgomery, Multan and Muzaffargarh.
Following the Partition of India in 1947, a reduced portion of the historic province became part of the Indian Union as East Punjab, comprising 13 districts, 54 tahsils, and two Commissioner’s divisions. On 26th January 1950, this region was officially renamed Punjab (India). According to the 1951 Census, Punjab had a population of 12,641,205, with 130 towns and 15,147 villages, covering an area of 37,378 square miles (Census of India, 1951, Volume VIII, Part I-A). India retained only 39.2% of the total area of the undivided Punjab as it stood in 1941. Excluding the princely states, the Indian Punjab and Himachal Pradesh were roughly half (48.3%) of the original undivided British-administered Punjab (99,089 sq miles).
Within the post-partition Indian Domain, India in 1941 formed 424 larger administrative units - 202 princely states, 42 princely districts, and 180 British districts. Bombay Province (which included current Gujarat, Western Maharashtra and Northern Karnataka), United Provinces (current UP and Uttarakhand) had 51 districts each.
Conclusion
The Indian Independence Act of 1947 formalized the partition of India and Pakistan, marking the end of British rule while leaving behind a legacy of contested borders, mass migrations, and unresolved tensions. The Radcliffe Line, though hastily drawn, attempted to balance demographic realities but satisfied neither side. Despite the chaos, the swift administrative division and transfer of power underscored the inevitability of independence, though at a profound human cost. The partition reshaped the subcontinent’s political geography, leaving enduring challenges for both the nations.
References:
Menon, V. P. (1956). The Story of Integration of Indian States. Orient Blackswan (Reprint)
Government of India. (1950). White Paper on Indian States.
Menon, V. P. (1956). The Story of Integration of Indian States. Orient Blackswan (Reprint)
Menon, V. P. (1957). The Transfer of Power in India. Princeton University Press.
Basu, Narayani (2020). V.P. Menon: The Unsung Architect of Modern India. Simon & Schuster India.
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