Assertion (A) : The British sovereignty continued to exist in free India. Reason (R) : The British sovereign appointed the last Governor-General of free India. In the context of the above two statements, which one of the following is correct ?

1. Understanding Sovereignty and Statehood (basic)

To understand India's journey to independence, we must first master the concept of Sovereignty. In political science, sovereignty is the "soul" of a state. It refers to the independent authority of a state, meaning it is not subject to the control of any other state or external power. As noted in the Preamble of our Constitution, the word 'sovereign' implies that India is neither a dependency nor a dominion of any other nation, but an independent state Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.42.

Sovereignty has two dimensions that are crucial for your UPSC preparation:

• Internal Sovereignty: The state has the absolute power to legislate on any subject within its territory and is the ultimate source of authority for its citizens D. D. Basu, Introduction to the Constitution of India, THE PHILOSOPHY OF THE CONSTITUTION, p.22.
• External Sovereignty: The state is free from the control of any foreign power in conducting its international affairs. This includes the right to acquire foreign territory or cede a part of its own territory in favour of a foreign state Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.43.

A common point of confusion is India's membership in international bodies. Even though India joined the Commonwealth of Nations in 1949 and accepted the British Crown as the "Head of the Commonwealth," this was a voluntary, extra-constitutional declaration. It does not limit India's sovereignty. Similarly, membership in the United Nations (UNO) is a choice made by a sovereign power and does not constitute a limitation on its independence Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.43.

Feature	Sovereign State (India)	Dependent/Protected State
Legislation	Supreme power to make laws.	Laws may be subject to external veto.
External Affairs	Full control over treaties and war.	External relations managed by a "Paramount" power.
Territory	Can cede or acquire land freely.	Territorial changes require external consent.

Sources: Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.42-43; Introduction to the Constitution of India, D. D. Basu, THE PHILOSOPHY OF THE CONSTITUTION, p.22

2. The Indian Independence Act, 1947: Key Features (intermediate)

The Indian Independence Act of 1947 was the definitive legal instrument that brought the curtain down on nearly two centuries of British rule. It didn't just transfer power; it fundamentally altered the constitutional landscape by transforming India from a "Dependency" into two sovereign Dominions—India and Pakistan. While the word "independent" was in the title, the legal status of a Dominion meant that while India was fully self-governing and sovereign in its internal and external affairs, it maintained a symbolic, formal link to the British Crown until it chose to become a Republic.

One of the most radical changes was the abolition of the office of the Secretary of State for India. For decades, this official in London had held the ultimate strings of Indian administration. With the 1947 Act, this control was severed "root and branch," and the British Parliament ceased to have any responsibility for the governance of India D. D. Basu, Introduction to the Constitution of India, The Historical Background, p.11. Furthermore, the Government of India Act of 1935 was adapted to serve as an interim constitution for both dominions until their respective Constituent Assemblies could frame new ones D. D. Basu, Introduction to the Constitution of India, The Historical Background, p.10.

A critical and potentially explosive feature of the Act was the lapse of Paramountcy (suzerainty) over the 565 Princely States. The British declared that their treaties with these states would end on August 15, 1947. Legally, this meant the Princely States became independent and were technically free to join either India or Pakistan, or even remain independent—a situation that posed a massive threat to the unity of the nation NCERT Class XII, Politics in India since Independence, Challenges of Nation Building, p.14.

Feature	Pre-1947 Position	Post-1947 (Dominion Status)
Sovereignty	Vested in the British Parliament and Crown.	Vested in the Dominion's Constituent Assembly.
Head of State	Viceroy (Representative of the Crown with veto powers).	Governor-General (Formal representative acting on Cabinet advice).
Princely States	Under British Paramountcy/Suzerainty.	Paramountcy lapsed; states were legally free.

Under this "Dominion" framework, the King of England remained the formal head, represented in India by a Governor-General. Lord Mountbatten served as the first Governor-General of independent India, followed by C. Rajagopalachari. It is vital to remember that the Governor-General now acted strictly as a constitutional head on the advice of the Indian Council of Ministers, losing the "discretionary" powers previously held by the Viceroys D. D. Basu, Introduction to the Constitution of India, The State Executive, p.277.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), The Historical Background, p.10-11; Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Executive, p.277; Politics in India since Independence, NCERT Class XII (2025 ed.), Challenges of Nation Building, p.14

3. Dominion Status: Meaning and Legal Framework (intermediate)

To understand Dominion Status, we must look at it as a halfway house between being a colony and being a fully detached republic. From a legal standpoint, a Dominion is an autonomous nation within the British Commonwealth that is 'equal in status' to the United Kingdom. While it has its own government and laws, it maintains a formal link to the British Monarchy. Until the passage of the Indian Independence Act, 1947, India was a 'dependency' or colony. However, from August 15, 1947, to January 26, 1950, India’s political status was officially that of a Dominion Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.43.

Under this legal framework, the British King remained the formal Head of State, but he did not rule directly. Instead, he was represented in India by the Governor-General. Even though India was politically independent and could make its own laws, the Governor-General continued to assent to bills in the name of the Crown. This is why Lord Mountbatten and later C. Rajagopalachari served as Governors-General of independent India. This office only ceased to exist when India declared herself a Sovereign Republic on January 26, 1950, thereby replacing the Crown's representative with an elected President Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.43.

A unique legal evolution occurred in 1949 when India decided to remain in the Commonwealth of Nations even after becoming a Republic. To make this possible, the definition of the Commonwealth had to change. India accepted the British Crown only as a symbolic 'Head of the Commonwealth'—a voluntary association of independent nations—rather than as a legal sovereign to whom India owed allegiance. This was an extra-constitutional declaration that did not affect India's sovereignty in any manner Introduction to the Constitution of India, D. D. Basu, THE PHILOSOPHY OF THE CONSTITUTION, p.23.

Sources: Indian Polity, M. Laxmikanth, Preamble of the Constitution, p.43; Introduction to the Constitution of India, D. D. Basu, THE PHILOSOPHY OF THE CONSTITUTION, p.23

4. The Constituent Assembly as a Sovereign Body (intermediate)

To understand India's transition to a democracy, we must look at how the Constituent Assembly transformed from a deliberative body into a fully sovereign authority. Initially, the Assembly was a product of the British Cabinet Mission Plan, but the Indian Independence Act of 1947 fundamentally altered its legal status. According to Indian Polity, M. Laxmikanth(7th ed.), Making of the Constitution, p.13, the Act made the Assembly a sovereign body, meaning it gained the supreme power to frame any Constitution it pleased and even abrogate or modify any law made by the British Parliament in relation to India.

This sovereignty meant that the Assembly no longer functioned under the shadow of the British Crown’s legislative authority. As noted in Rajiv Ahir, SPECTRUM, Making of the Constitution for India, p.615, Section 8 of the 1947 Act conferred full legislative power upon the Assembly. This gave the body a unique dual role: it was simultaneously a body drafting the fundamental law of the land (Constituent role) and the first Parliament of independent India (Legislative role). The vision for this sovereignty was set even earlier by Jawaharlal Nehru through the Objectives Resolution of 1946, which proclaimed India as an 'Independent Sovereign Republic' THEMES IN INDIAN HISTORY PART III, NCERT, FRAMING THE CONSTITUTION, p.322.

Feature	Pre-Independence Act (1946)	Post-Independence Act (1947)
Legal Status	Created under British Cabinet Mission Plan.	Declared a Fully Sovereign Body.
Legislative Power	Limited; British Parliament held ultimate authority.	Could repeal or alter any British law affecting India.
Function	Focused primarily on constitution-making.	Dual role: Constitution-making and acting as Dominion Legislature.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Making of the Constitution, p.13; Rajiv Ahir, SPECTRUM, Making of the Constitution for India, p.615; THEMES IN INDIAN HISTORY PART III, NCERT, FRAMING THE CONSTITUTION, p.322

5. Transition from Dominion to Republic (exam-level)

To understand the transition from a Dominion to a Republic, we must look at the period between August 15, 1947, and January 26, 1950. During these years, India was independent but remained a 'Dominion' within the British Commonwealth. This meant that while the British Parliament had no power to make laws for India, the British Monarch remained the formal, titular Head of State, represented in India by the Governor-General Laxmikanth, M. Indian Polity, Historical Background, p.9. This was a transitional legal arrangement designed to provide a continuous constitutional framework while the Constituent Assembly drafted a permanent document for the nation. The final shift to a Republic occurred on January 26, 1950. On this 'Date of Commencement,' India officially severed its last formal link with the British Crown Rajiv Ahir, A Brief History of Modern India, First General Elections, p.628. The office of the Governor-General was replaced by the President of India, an elected head of state. To ensure there was no legal ambiguity or overlapping authority, Article 395 of the new Constitution specifically repealed the Indian Independence Act of 1947 and the Government of India Act of 1935 Laxmikanth, M. Indian Polity, Making of the Constitution, p.16. Choosing January 26 for this transition was a deeply symbolic act. It was on this day in 1930 that the Indian National Congress had celebrated Purna Swaraj (Complete Independence) Day following the Lahore Session resolution Laxmikanth, M. Indian Polity, Making of the Constitution, p.16. By declaring the Republic on this anniversary, India linked its new legal identity to its long-standing revolutionary struggle for total self-rule.

Sources: Indian Polity, Historical Background, p.9; Indian Polity, Making of the Constitution, p.16; A Brief History of Modern India, First General Elections, p.628

6. The Office of the Governor-General (1947-1950) (exam-level)

At the stroke of midnight on August 15, 1947, British rule in India formally ended, and the country transitioned into an independent Dominion. However, this transition did not immediately create a Republic. Instead, under the Indian Independence Act of 1947, the office of the Governor-General was retained to serve as the formal link between the new Dominion and the British Crown Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9. While India was now a sovereign nation, the Governor-General remained the constitutional (nominal) head of the state, representing the King of England in a purely ceremonial capacity.

During this period (1947–1950), the Governor-General's role was strictly defined: he was required to act only on the advice of the Council of Ministers. Even though he held the power to assent to bills, he did so "in the name of His Majesty" Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9. This meant that while the King was no longer the ruler of India, he remained the symbolic 'Sovereign' of the Dominion, with the Governor-General acting as his proxy on the ground. This arrangement ensured a smooth legal and administrative transition while the Constituent Assembly worked on drafting a new Constitution for a fully independent Republic.

Feature	Viceroy (Pre-1947)	Governor-General (1947-1950)
Authority	Direct representative of the Crown with discretionary powers.	Nominal head acting on the advice of the Indian Cabinet.
Sovereignty	British Parliament held ultimate sovereignty.	India was a sovereign Dominion; British rule had ended.

History saw two individuals hold this unique post in free India. Lord Mountbatten became the first Governor-General of the independent Dominion of India Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9. He was later succeeded by C. Rajagopalachari, the only Indian to ever hold the office. The position was finally abolished on January 26, 1950, when India adopted its Constitution and the office of the President of India replaced the Governor-General as the Head of State.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Historical Background, p.9

7. Solving the Original PYQ (exam-level)

Now that you have mastered the building blocks of the Indian Independence Act of 1947, this question tests your ability to distinguish between formal legal procedures and actual political sovereignty. In your previous lessons, you learned that the 1947 Act specifically terminated the British Crown's suzerainty over the Indian States and declared India an independent nation. According to Indian Polity by M. Laxmikanth, the Act abolished the office of the Secretary of State for India and transferred its functions, signifying that the British Parliament no longer held any power to legislate for the new dominion. Consequently, the Assertion (A) is false because sovereignty was transferred entirely to the Indian people and their Constituent Assembly.

To arrive at the correct answer, you must look at the transitional Dominion Status India held between 1947 and 1950. During this phase, while India was politically free, the Governor-General (first Lord Mountbatten and later C. Rajagopalachari) remained the formal, constitutional head. As per the legal framework of the time, the Governor-General was technically appointed by the British Monarch on the advice of the Indian Cabinet. This makes Reason (R) true. Therefore, the correct reasoning lead us to (D) A is false but R is true. The common trap here is to assume that because India was "free," the British Monarch had no formal role whatsoever; in reality, the formal link was only severed when India adopted its Constitution and became a Republic in 1950.

Options (A) and (B) are incorrect because they both assume the Assertion is true, which contradicts the fundamental principle of the 1947 Act. Option (C) is a frequent pitfall for students who confuse political independence with the abolition of the office of Governor-General. UPSC often uses these nuances to see if you understand that sovereignty means the ultimate power to make laws, whereas appointments during a transitional period might follow older constitutional traditions until a new constitution is enacted.