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Question

Difficulty: MediumConstitutional Developments, Transfer of Power, and Partition of India

With reference to the statutory provisions of the Indian Independence Act of 1947 passed by the British Parliament, which of the following statements are correct?

  1. It designated the Governor-General of India and provincial governors as constitutional (nominal) heads of their respective territories.Answer
  2. It provided for the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas.Answer
  3. C
    It introduced a system of dyarchy at the Central level by dividing federal executive subjects into reserved and transferred categories.
  4. D
    It established a Federal Court in Delhi to act as the ultimate judicial appellate authority replacing the Privy Council.

Answer

The correct statements are that the Indian Independence Act of 1947 designated the Governor-General and provincial governors as nominal constitutional heads, and declared the lapse of British paramountcy over princely states and tribal areas.
The Indian Independence Act of 1947 explicitly transformed the Governor-General and provincial governors into nominal constitutional heads acting on the advice of their respective councils of ministers. Furthermore, it declared the complete lapse of British paramountcy over Indian princely states and treaty arrangements with tribal areas on August 15, 1947.

Step-by-Step Solution

1
Analyze the constitutional status of executive heads under the Indian Independence Act of 1947.
The Act stripped executive discretionary powers from the Governor-General of India and provincial governors, transforming them into nominal constitutional heads bound by ministerial advice.
This established responsible cabinet-style governance for the two new Dominions.
2
Evaluate the provisions regarding princely states and tribal treaty agreements.
Section 7 explicitly terminated British paramountcy over princely states and lapsed treaty relations with tribal areas as of August 15, 1947.
Sovereignty reverted to the states, giving them the freedom to accede to India or Pakistan, or remain independent.
3
Identify misattributions regarding central dyarchy and judicial bodies.
Central dyarchy and the setting up of the Federal Court were provisions of the Government of India Act 1935.
These features belong to earlier colonial constitutional reforms and were not part of the 1947 transfer of power legislation.

Key Concept

Key provisions of the Indian Independence Act 1947
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Topics

Constitutional Developments, Transfer of Power, and Partition of India