Indians must carry with pride India’s journey from British COLONY to SOVEREIGN Democratic Republic

14 August 1947 Midnight CA took over as Legislative Assembly of Independent India Dominion

Daya Saga

We Indians celebrate today 77th Indian Independence Day. Let us observe this day as an eventful day remembering all those who made sacrifices in any form and magnitude to enable us live as sovereign in an environment where we have government of the people , government by the people and government for the people. Any one who compares the sacrifices of the martyrs must be humbly responded not to initiate such ventures. No sacrifice in common cause is less.
Section -1 of the Indian Independence Act 1947 of United Kingdom Parliament laid down 1.-(i) As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan. (2) The said Dominions are hereafter in this Act referred to as “the new Dominions “, and the said fifteenth day of August is hereafter in this Act referred to as ” the appointed day “, Section 6 (1) said “The Legislature of each of the new Dominions shall have full power to make laws for that Dominion, including laws having extra-territorial operation. So, an independent Dominion of India came into existence on 15th Aug 1947. But this Independent India Dominion had on that date an interim Constitution in the form of Section-8(2) < (2) Except in so far as other provision is made by or in accordance with a Law made by the Constituent Assembly of the Dominion under subsection (i) of this section, each of the new Dominions and all Provinces and other parts thereof shall be governed as nearly as may be in accordance with the Government of India Act, 1935. The Dominion of India and Dominion of Pakistan were carved out of only the territories governed as British India but the Princely States of British Indian Empire” were left free by the Indian Independence Act 1947 where Section-7 said < particularly 7.–(1) As from the appointed day- (a) His Majesty’s Government in the United Kingdom have no responsibility as respects the government of any of the territories which, immediately before that day, were included in British India ; (b) the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all …….. > .
So, in such an environment the then Indian leadership still had a very hard task / challenges ahead more particularly dealing with the Princely states & aspirations of the Rulers of princely states along with duty to primarily carry the responsibility to execute the so far untried task of still to conceive , develop and adopt to self a Constitution. And the ‘elder leadership’ of the times successfully constituted India into a SOVEREIGN DEMOCRATIC REPUBLICtravelling from a colony ( upto 14-08-1947) / a Dependency / upnivesh of British Empire Kingdom to Independent Dominion ( 15-08-1947) to SOVEREIGN DEMOCRATIC REPUBLIC ( 26-11-1949 ) the day the constitution of SOVEREIGN DEMOCRATIC REPUBLIC of India ( COI) was adopted & enacted by the Constituent Assembly of India where Art- 394 said < This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty sixthday of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. And Art-395 said <” The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed”>.Members of Constituent Assembly of India met again on 24 Jan 1950 and appended their signatures to it on 24 January, 1950. In all, 284 members actually signed the Constitution. On that day when the Constitution was being signed, it was drizzling outside and it was interpreted as a sign of a good omen. Hence w.e.f 26-01-1950 India no more remained a Dominion and became Sovereign Democratic Republic moving much ahead of the Dominion status that was accorded by Parliament of UK under Indian Independence Act 1947. On that day, the Constituent Assembly ceased to exist leaving its shadows in Art-368 of COI, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952 with President as the head of State and supreme commander of armed forces with duty and authority to preserve, protect and defend the Constitution of India under an Oath ( Art-60). No doubt we need to express all good this day, 15 August, since it is the most pious for every Indian. But do need to also have a count of the behaviour of the rulers of the Princely States during the independence movement with respect towhich the Indian princes had their own roles to play.
To be brief first it was the movement against the British Rule which is commonly known as 1857 Swatantrata Sangram where in the Indian prices like Rani Lakshmi Bhai of Jansi played a lead role but not only many Indian rulers did not support the movement , instead there were some prominent Rulers of Indian princely states who supported the British forces by proving financial support , by sending their regular forces and even artillery / cavalry for fighting against Rani Lakshmi Bhai.& her associates. Such Princes need be named. But inspite its failure, the 1857 Swatantrata Sangram did shake the might of British by laying tracks for undoing the foreign rule. In the aftermath of the 1st Indian Swatantrata Sangram ( British called it Revolt/ Mutiny of 1857 ) UK Government was forced to take serious note of growing outrage in India against foreign rule. Hence Parliament of UK enacted the Government of India Act 1858 where under East India Company rule was ended and the company’s territories in India were called the “British possession in India”. After 1857 British had sensed that in the normal way they can not rule India for more time so they in a way can be said to have entered in an unwritten “social” agreement that British will not dismantle the families of Indian rulers who can stay with their local rule accepting the Suzerainty of British Empire over them. Queen Victoria’s proclamation of 1st November 1858 to the “Princes, Chiefs, and People of India” unveiled a new British policy of perpetual support for “native princes” including reversing Lord Dalhousie’s policy of political unification through princely state annexation thereby leaving the princes free to adopt ( abolition of the Doctrine of Lapse).And after that it was in last decade of nineteenth century that movement of peoples rule started simmering prominently in British India ( territories that were directly ruled by the British). In the Princely states ( Native states ) after 1858 there was lesser political activity for peoples democracy against British as well as the local Autocracy on the lines it started in British India for independence from British rule. There is not much history of movement against the British in the Princely states out side British India. The British having also not included the Princely States through the Indian Independence Act 1947 in India Dominion and like also gives some idea about the role of Indian princes. Not all Indian princes acceded to India Dominion immediately before 15 Aug 1947 and had they done that may be many lives would have been saved.
(Daya Sagar is Sr Journalist & analyst
of J&K affairs).