The Independence Act
-Photo Credit: Ceedee.
On this, the 65th Anniversary of the birth of Pakistan, it would not be out of place to pay some attention to the means by which it all came about. That pithy instrument by which the path of two nations diverged. The document which set in motion the wheels to transport two societies apart. The Indian Independence Act, 1947.
The 1947 Act is one of the most important Constitutional documents in the history of Pakistan. Yet politically, socially, it is a liability. In today’s modern Pakistan, many would hesitate even to acknowledge the importance of this foundational document. For what is it, but an embarrassing throwback to a time when the Pakistani people were not free.
How better to illustrate this lack of freedom, than by reflecting on the following: The Indian Independence Act, 1947 was an Act of the British Parliament. Nothing really drives this point home, like the following recital:
“Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows…”
It was in London, that the creation of Pakistan was mandated, and not in Lahore or Karachi, or even for that matter, Delhi or Lucknow. And here, in words, the substance of that very mandate:
“1. 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.”
In a very real sense, it was not a question of “We, the People” – as in the Constitution of the United States – but rather a disparaging “You, chaps over there!” A fact which seems all the more shameful in the cold light of all our post-colonial pride.
The soil of History however, is not meant to bear the seed of emotion, but rather the seed of our ambitions. And for that seed to bear fruit, we must study the soil. In this case, it is the study of what constitutes the nature and content of ‘freedom’, and correspondingly, the question of ‘independence from what?’ What was that intangible thing, which the Pakistani nation hoped to attain; for which so many hundreds of thousands paid the ultimate price.
That intangible thing was none other than the right to decide for themselves how they were to be governed. It was the banner of ‘representation,’ behind which the nations of Pakistan and India gathered. No amount of historical revisionism can erase this one fundamental point. This was the basic compact, which the nation hoped to make with itself. And it was the right to enter into this compact, which the 1947 Act granted:
“6. The Legislature of each of the new Dominions shall have full power to make laws for that Dominion…”
The power to make rules – to make law – was the crowning jewel of independence. The figurative ‘yoke of oppression’ was none other than the castration of the People’s will by a foreign power. The denial of their most fundamental right, namely, to make decisions for themselves. For no man, no matter how much smarter, or more intelligent, or more educated he may be than his brother, has the right to tell him how he must live his life. After all, what is independence, but the ‘independence to act’ and the ‘independence to decide.’ Once this independence is taken away, then even a domestic power may become ‘foreign’ to the nation.
This was the basic lesson inherent in the struggle for independence. And it is this basic lesson, which the Pakistani nation has failed to learn. Representation; Enfranchisement; Democracy – these concepts continue to elude us. Despite the fact that it is these very principles which we sought so hard to attain.
So on this day, spare a thought for the Indian Independence Act, 1947, Enacted by the British Parliament for the Pakistani People. Spare another thought for this document later this year, when the time comes to vote for your chosen representative. Reflect upon it if your representative is victorious. But most importantly, reflect upon it, should he lose.
The writer is a lawyer practicing in Karachi.
The views expressed by this blogger and in the following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.
14 August is not Independence day, that is 15 August 1947. 23 March is not either Republic Day or Lahore Resolution Day. Yes, we must get our dates right.
However the 1947 ACT was worded, you Pakistan have made a fine mess of things.
"For no man, no matter how much smarter, or more intelligent, or more educated he may be than his brother, has the right to tell him how he must live his life." … thanks sir
With all your credentials (whatever they may be) you fail to fathom the fact that Jinnah followed a path not of rebellion and sedition but he strived to play by the rules and rules my friend are always set by the rulers and not the ruled. The Magna Carta had to be signed by the king of England, the change was inevitable and even if he didn't sign it, the people in the matter of time would've had his head on the platter like what the French did much later.
So yes without a "war of independence" that would've forced the hands of the British on gun point with or without their consent, ours was a constitutional victory and that is all what the forefathers of Pakistan had long realised what they could aim for rather than fighting and losing another Ghadar like 1857.
So "independence" had to be granted by the British, that was the very basis of our forefathers' strategy.
Dr.muhammad Mukhtar Ahmed. It is wrong to say that independence was dished out by the British.It was won by the endless efforts. Of Muhammad Ali Jinnah and other leaders forcing the British for independence act.
Very well said.
Dr Ahmed. You are of course quite correct. The point was merely to highlight the fundamental goals of the freedom struggle.
I dont see anything wrong with the language of the Act.
So Pak indep day is 15th of Aug not 14th. Why dont we all celebrate this on the 15th, imagine a massive indep celeb at the border..singing songs as one nation.
Excellent writeup…I wish we Pakistanis pay attention this time.
What is there to pay attention to???
Bravo! Superb.
"When once a republic is corrupted there is no possibility of
remedying any of the growing evils but by removing the
corruption and restoring its lost principles; every other
correction is either useless or a new evil."
–- Thomas Jefferson on the necessity of the impeachment
provisions to the US Constitution
good one bhai.. this is really nice.. an eye opener for everyone and a message for the future generations who are not blinded by the so called political propoganda that they have in hand
Deep and a thought-provoking one. Nice!
I don't understand what the writer is trying to say. Every school child in India, Pakistan, Bangladesh, Srilanka know that we ruled by British and gained Independance from them through peaceful democratic struggle so what exactly is the significant of the wording of the Act?? Also why would author like only Pakistanis to pay attention to it rather all former colonies?? and again why as I have said it is taught in the school. So should we be celebrating our Independence and surely reflect on our achievements and failures or just like writer just try to be nasty.