Mountbatten Plan :
Congress and League reached at an agreement over partitioning two problem provinces of Punjab and Bengal so as to form absolute Hindu and Muslim majority blocks. The actual decision to partition however was left to the vote of members of Legislative assemblies of these two provinces, meeting in two parts, according to a plan known as ‘Mountbatten Plan’.
One part representing muslim majority districts and the other the rest of the province. The members of each part will be empowered to vote whether or not the province should be partitioned. If a simple majority of either Part decided in favor of partition, division will take place. If partition were decided upon, each part of legislative assembly would decide whether it would join the existing or a new and separate Constituent Assembly.
Indian Independence Act, 1947 :
• It declared that India ceased to be a Dependency and the suzerainty of Crown over Indian states with effect from 15 August, 1947. Office of Secretary of State of India was abolished. Crown was not longer source of authority of neither India nor Pakistan.
• Governor Generals of 2 dominions and Provincial governors to act as constitutional heads.
• There was not longer executive council or Consellors as envisaged in GoI Act, 1935. The words ‘in his discretion’ and ‘individual judgement’ were removed from GoI Act, 1935, wherever they occurred in act. Thus GG and Governors of provinces lost their extra ordinary powers of legislation so as to compete with legislature.
• The central legislature ceased to exist on 15 August 1947. Newly formed constituted Constituent assembly was to also function as Central legislature of dominion until new legislature was constituted under new constitution.