Is India's independence at 99 years lease? | Fact Check : Research Based Explanation - Dear India

Is India's independence at 99 years lease? | Fact Check : Research Based Explanation

Is India's independence at 99-year lease? | Fact Check: Research-Based Explanation


इस विवरण का  हिंदी अनुवाद  पढ़े

It is known to everyone that, India attained independence on August 15, 1947, when it became a dominion, after the Indian Independence Act was passed in the British Parliament, But 3 years later, in 1950 India finally attained complete independence on 26 January 1950. when it transformed itself into a republic by passing the constitution of India in the Indian parliament, which repealed the Indian Independence Act of the British Parliament. But do you know that the Government of India Act 1935  and the Indian Independence Act  1947, still remains as a proper law in the present-day British government? So what does it mean? Is India still a British colony?

 Let's find out, and yes read the full article carefully as the answer to this question will surely blow your mind.



Why are we discussing this?

 Let's go back to the time when the Indian independence movement was at its peak and the blood and sweat of our great freedom fighters forced the British government to free India. and thus, the Indian Independence Act was passed to provide partial independence to India. this act made India a dominion of British crown under Mount Batten, the governor-general of India.

Being a dominion of the British Crown, the governor-general of India was given many powers. For Examples he had the power to amend the act any time, he also had the power to divide territories.
All of these features of the Act was the proof of India's partial independence. Even though the act clearly mentioned India as free, and equal to Britain, but on the ground level, it was merely a transfer of power. This made our leader to frame a constitution that would repeal all these features, and grant complete independence to India. Finally 3 years after partial independence, the constitution of India was passed, which under Article 395, repealed the Government of India Act 1935 and the Indian Independence Act 1947.

 This was a problem to the British government because as per the Indian constitution India was no longer a dominion of British Crown. Since India was now a completely independent nation, the British could not label India as its dominion. therefore British now needed a new word to replace the word 'dominion', without affecting underlying power.

इस विवरण का  हिंदी अनुवाद  पढ़े

A word that would apply not just to India, but to all of its 52 newly formed dominions. This word was '' British Commonwealth'', the British Commonwealth would be an intergovernmental organization of 52 members states of former territories of British Empire, which operate by an intergovernmental consensus  of the member of the states, organized through the commonwealth secretariat , and non governmental organisations, organized through Commonwealth Foundation, with the king of Britain as its head.
In simple words, nations under the Commonwealth would share the king of Britain as its head of state and reigning constitutional monarch.

"A constitutional monarchy is a form of monarchy in which the sovereign state, exercises their authorities in accordance with a written or unwritten constitution. "

What differs constitutional monarchy from absolute monarchy, is that the constitutional monarchs are bound to exercise their powers and authorities, within the limits prescribed within an established legal framework.

|A total of 16 nations including Canada, Australia, and New Zealand accepted Britains offer.

The first prime minister of India, Jawahar Lal Nehru, was also very eager to make India a commonwealth nation, but he faced heavy opposition from almost all Indian leaders.

Ireland understood this clever plan. It was the first nation, to not be a part of the commonwealth by becoming a republic. All Indian leaders also wanted India to do the same, that is not to be part of commonwealth by becoming a republic. India was on its way of becoming a republic, but Nehru was determined to make India a commonwealth nation and Nehru came up with a plan.

He went to London and asked the British government to remove the word 'British' form the "British Commonwealth"  , and abolish the system of constitutional monarchy. thereby , allowing the Republic to become a part of the Commonwealth.

And thus in London Declaration of 1949, it was decided to accept Nehru's plan and modified the British Commonwealth and thus it was decided that the nation who would accept the constitutional monarchy will from now onwards be called as "Commonwealth Realms".

Which republics and other nation, who refused to accept the constitutional Monarchy will be grouped under the "commonwealth of nations''. but the king will still remain the head of both the commonwealths and thus India became a member of  commonwealth of nations, and enjoys all its privileges, which includes a commonwealth citizenship, which means that citizen of commonwealth nations  are also a commonwealth citizen, which like citizens of India have right to vote in elections held in the UK, and other commonwealth nations, if they allow doing so. This means that Indians can vote in UK elections and elections held in some other commonwealth nations like Australia, and New Zealand, provided they fulfill certain criteria set up by the host nation. But the citizen of those nations cannot vote in Indian elections, as Indian laws deny this right.

Same rules apply in case of jobs, that as a commonwealth citizen, the Indians can apply for civil jobs in these, while citizens of these countries cannot in India.

This also means that, if an Indian needs consultations in a foreign country, from the Indian Embassy, If Indian embassy is not present there then as a commonwealth citizen you can seek help from the British embassy or the embassy of the other commonwealth nations if they allow doing so.

This is also the reason why all commonwealth nations have High Commissions instead of the embassy, in other commonwealth nations.

Other privileges include free trade for all member nations, defense assistance under critical situation for commonwealth nations, and military assistance for ''Commonwealth Realms''.

Wikipedia Says That

"In 1949, King George VI was king of each of the countries that then comprised the British Commonwealth (later the Commonwealth of Nations): the United KingdomCanadaAustraliaNew ZealandSouth AfricaIndiaPakistan, and Ceylon. However, the Indian Cabinet desired the country become a republic, but not depart the Commonwealth as a consequence of no longer having George VI as king, as happened to Ireland. To accommodate this, the London Declaration, devised by Canadian prime minister Louis St. Laurent, stated that the King, as the symbol of the free association of the countries of the Commonwealth, was the Head of the Commonwealth. When India adopted a republican constitution on 26 January 1950, George VI ceased to be its monarch (the President of IndiaRajendra Prasad, becoming head of state), but it did regard him as Head of the Commonwealth."


Thus to conclude, India is an independent and sovereign republic free from any foreign rule. But India is also a part of the commonwealth of the nations with the King which currently Queen Elizabeth II as head of 'commonwealth of nations' but not of India.

Raised Questions--
  (1)
What will happen if the British parliament passes a law against Indian independence?

Answer: First of all, the Indian Independence Act gave provision that both dominions of India and Pakistan can make their constitution whatever they want.

And Now India has created the constitution. And Preamble of Indian constitution clearly says that

 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens
 JUSTICE, social, economic and political;
 LIBERTY of thought, expression, belief, faith and worship;
 EQUALITY of status and of opportunity; and to promote among them all
 FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
 IN OUR CONSTITUENT ASSEMBLY this  26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Let me Explain
Sovereign: Sovereign means the independent authority of a State. It means that it has the power to legislate on any subject; and that it is not subject to the control of any other State or external power.
Democratic: The people of India elect their governments by a system of universal adult franchise, popularly known as "one person one vote". Every citizen of India 18 years of age and above and not otherwise debarred by law is entitled to vote. The word 'democratic' not only refers to political but also to social & economic democracy.
RepublicIn a republican form of government, the head of state is elected and not a hereditary monarch. Thus, this word denotes a government where no one holds public power as a proprietary right.
If we conclude, No one can make law for India other than Indian Parliament, so if the British parliament makes a law against Indian independence it will be null and void.


(2)
Is President of India subordinate of British King?

This is the screenshot of the order of precedence in India from Wikipedia. Is there Queen anywhere? The answer is a big NO.

  (3) Why does the British Queen does not need Visa to visit India?

Indian Ministry of External Affairs (MEA) in response to an RTI said,
British queen does not require a British passport because British passports are issued in her name!
RTI response has also made it clear that Both President and Prime Minister of India do require VISA to go to England. In this case, I think British monarch has some privileges in India. But it can be ended by abandoning Commonwealth Of Nation. It is in the hand of the Indian Government to abandon commonwealth of nations.
  (4) Why is India not abandoning Commonwealth Of Nation?
  
Because Being a member of the commonwealth of nations, it gives privileges to India. which means that citizen of commonwealth nations are also a commonwealth citizen, which like citizens of India have right to vote in elections held in the UK, and other commonwealth nations, if they allow doing so. This means that Indians can vote in UK elections and elections held in some other commonwealth nations like Australia, and New Zealand, provided they fulfill certain criteria set up by the host nation. But the citizen of those nations cannot vote in Indian elections, as Indian laws deny this right.

Same rules apply in case of jobs, that as a commonwealth citizen, the Indians can apply for civil jobs in these, while citizens of these countries cannot in India.

This also means that, if an Indian needs consultations in a foreign country, from the Indian Embassy, If Indian embassy is not present there then as a commonwealth citizen you can seek help from the British embassy or the embassy of the other commonwealth nations if they allow doing so.

This is also the reason why all commonwealth nations have High Commissions instead of the embassy, in other commonwealth nations.

Thank You For Reading This Article. I hope it increased your knowledge about India.
Please share this article with the last Indian you know and make them aware of it. It's our best effort to provide you with accurate information. Suggest an edit in the comment. 

इस विवरण का  हिंदी अनुवाद  पढ़े
References

https://en.wikipedia.org/wiki/Commonwealth_of_Nations
https://www.constitution.org/cons/india/p22395.html
https://scroll.in/article/876483/history-revisited-why-did-nehru-give-up-his-bitter-opposition-to-the-commonwealth-and-join-in-1947
https://en.wikipedia.org/wiki/Head_of_the_Commonwealth
http://www.legislation.gov.uk/
Is India's independence at 99 years lease? | Fact Check : Research Based Explanation Is India's independence at 99 years lease? | Fact Check : Research Based Explanation Reviewed by Pawan Prakassh on September 02, 2019 Rating: 5

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