Compare Meiji Draft
The Constitution of the Empire of Japan
Having, by virtue of the glories of Our Ancestors, ascended the throne of a lineal succession unbroken for ages eternal; desiring to promote the welfare of, and to give development to the moral and intellectual faculties of Our beloved subjects, the very same that have been favoured with the benevolent care and affectionate vigilance of Our Ancestors; and hoping to maintain the prosperity of the State, in concert with Our people and with their support, We hereby promulgate, in pursuance of Our Imperial Rescript of the 12th day of the 10th month of the 14th year of Meiji, a fundamental law of the State, to exhibit the principles, by which We are guided in Our conduct, and to point out to what Our descendants and Our subjects and their descendants are forever to conform.
The right of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shall in future fail to wield them, in accordance with the provisions of the Constitution hereby granted.
We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same, within the extent of the provisions of the present Constitution and of the law.
The Imperial Diet shall first be convoked for the 23rd year of Meiji, and the time of its opening shall be the date, when the present Constitution comes into force.
When in the future it may become necessary to amend any of the provisions of the present Constitution, We or Our successors shall assume the initiative right, and submit a project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it, according to the conditions imposed by the present Constitution, and in no otherwise shall Our descendants or Our subjects be permitted to attempt any alteration thereof.
Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of the present Constitution, and Our present and future subjects shall forever assume the duty of allegiance to the present Constitution.
Chapter I. The Emperor
Article 1.
The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.
Article 2.
The Imperial Throne shall be succeeded to by Imperial male descendants, according to the provisions of the Imperial House Law.
Article 3.
The Emperor is sacred and inviolable.
Article 4.
The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution.
Article 5.
The Emperor exercises the legislative power with the consent of the Imperial Diet.
Article 6.
The Emperor gives sanction to laws, and orders them to be promulgated and executed.
Article 7.
The Emperor convokes the Imperial Diet, opens, closes and prorogues it, and dissolves the House of Representatives.
Article 8.
The Emperor, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Imperial Diet is not sitting, Imperial Ordinances in the place of law.
(2) Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the said Ordinances, the Government shall declare them to be invalid for the future.
Article 9.
The Emperor issues or causes to be issued, the Ordinances necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of the welfare of the subjects. But no Ordinance shall in any way alter any of the existing laws.
Article 10.
The Emperor determines the organization of the different branches of the administration, and salaries of all civil and military officers, and appoints and dismisses the same. Exceptions especially provided for in the present Constitution or in other laws, shall be in accordance with the respective provisions (bearing thereon).
Article 11.
The Emperor has the supreme command of the Army and Navy.
Article 12.
The Emperor determines the organization and peace standing of the Army and Navy.
Article 13.
The Emperor declares war, makes peace, and concludes treaties.
Article 14.
The Emperor proclaims the law of siege.
(2) The conditions and effects of the law of siege shall be determined by law.
Article 15.
The Emperor confers titles of nobility, rank, orders and other marks of honor.
Article 16.
The Emperor orders amnesty, pardon, commutation of punishments and rehabilitation.
Article 17.
A Regency shall be instituted in conformity with the provisions of the Imperial House Law.
(2) The Regent shall exercise the powers appertaining to the Emperor in His name.
Chapter II. Rights and Duties of Subjects
Article 18.
The conditions necessary for being a Japanese subject shall be determined by law.
Article 19.
Japanese subjects may, according to qualifications determined in laws or ordinances, be appointed to civil or military offices equally, and many fill any other public offices.
Article 20.
Japanese subjects are amenable to service in the Army or Navy, according to the provisions of law.
Article 21.
Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law.
Article 22.
Japanese subjects shall have the liberty of abode and of changing the same within the limits of the law.
Article 23.
No Japanese subject shall be arrested, detained, tried or punished, unless according to law.
Article 24.
No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
Article 25.
Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent.
Article 26.
Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolate.
Article 27.
The right of property of every Japanese subject shall remain inviolate.
(2) Measures necessary to be taken for the public benefit shall be any provided for by law.
Article 28.
Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.
Article 29.
Japanese subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication, public meetings and associations.
Article 30.
Japanese subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same.
Article 31.
The provisions contained in the present Chapter shall not affect the exercise of the powers appertaining to the Emperor, in times of war or in cases of a national emergency.
Article 32.
Each and every one of the provisions contained in the preceding Articles of the present Chapter, that are not in conflict with the laws or the rules and discipline of the Army and Navy, shall apply to the officers and men of the Army and of the Navy.
Chapter III. The Imperial Diet
Article 33.
The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives.
Article 34.
The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of the members of the Imperial Family, of the orders of nobility, and of those persons, who have been nominated thereto by the Emperor.
Article 35.
The House of Representatives shall be composed of Members elected by the people, according to the provisions of the Law of Election.
Article 36.
No one can at one and the same time be a Member of both Houses.
Article 37.
Every law requires the consent of the Imperial Diet.
Article 38.
Both Houses shall vote upon projects of law submitted to it by the Government, and may respectively initiate projects of law.
Article 39.
A Bill, which has been rejected by either the one or the other of the two Houses, shall not be again brought in during the same session.
Article 40.
Both Houses can make representations to the Government, as to laws or upon any other subject. When, however, such representations are not accepted, they cannot be made a second time during the same session.
Article 41.
The Imperial Diet shall be convoked every year.
Article 42.
A session of the Imperial Diet shall last during three months. In case of necessity, the duration of a session may be prolonged by the Imperial Order.
Article 43.
When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one.
(2) The duration of an extraordinary session shall be determined by Imperial Order.
Article 44.
The opening, closing, prolongation of session and prorogation of the Imperial Diet, shall be effected simultaneously for both Houses.
(2) In case the House of Representatives has been ordered to dissolve, the House of Peers shall at the same time be prorogued.
Article 45.
When the House of Representatives has been ordered to dissolve, Members shall be caused by Imperial Order to be newly elected, and the new House shall be convoked within five months from the day of dissolution.
Article 46.
No debate can be opened and no vote can be taken in either House of the Imperial Diet, unless not less than one third of the whole number of the Members thereof is present.
Article 47.
Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote.
Article 48.
The deliberations of both Houses shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the House, be held in secret sitting.
Article 49.
Both Houses of the Imperial Diet may respectively present addresses to the Emperor.
Article 50.
Both Houses may receive petitions presented by subjects.
Article 51.
Both Houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules necessary for the management of their internal affairs.
Article 52.
No Member of either House shall be held responsible outside the respective Houses, for any opinion uttered or for any vote given in the House. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law.
Article 53.
The Members of both Houses shall, during the session, be free from arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offences connected with a state of internal commotion or with a foreign trouble.
Article 54.
The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House.
Chapter IV. The Ministers of State and the Privy Council
Article 55.
The respective Ministers of State shall give their advice to the Emperor, and be responsible for it.
(2) All Laws, Imperial Ordinances, and Imperial Rescripts of whatever kind, that relate to the affairs of the State, require the countersignature of a Minister of State.
Article 56.
The Privy Councillors shall, in accordance with the provisions for the organization of the Privy Council, deliberate upon important matters of State, when they have been consulted by the Emperor.
Chapter V. The Judicature
Article 57.
The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor.
(2) The organization of the Courts of Law shall be determined by law.
Article 58.
The judges shall be appointed from among those, who possess proper qualifications according to law.
(2) No judge shall be deprived of his position, unless by way of criminal sentence or disciplinary punishment.
(3) Rules for disciplinary punishment shall be determined by law.
Article 59.
Trials and judgments of a Court shall be conducted publicly. When, however, there exists any fear that, such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provisions of law or by the decision of the Court of Law.
Article 60.
All matters, that fall within the competency of a special Court, shall be specially provided for by law.
Article 61.
No suit at law, which relates to rights alleged to have been infringed by the illegal measures of the executive authorities, and which shall come within the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a Court of Law.
Chapter VI. Finance
Article 62.
The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law.
(2) However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.
(3) The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet.
Article 63.
The taxes levied at present shall, in so far as are not remodelled by new law, be collected according to the old system.
Article 64.
The expenditure and revenue of the State require the consent of the Imperial Diet by means of an annual Budget.
(2) Any and all expenditures overpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the Imperial Diet.
Article 65.
The Budget shall be first laid before the House of Representatives.
Article 66.
The expenditures of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary.
Article 67.
Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.
Article 68.
In order to meet special requirements, the Government may ask the consent of the Imperial Diet to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years.
Article 69.
In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.
Article 70.
When the Imperial Diet cannot be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Imperial Ordinance.
(2) In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its approbation shall be obtained thereto.
Article 71.
When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.
Article 72.
The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board.
(2) The organization and competency of the Board of Audit shall be determined by law separately.
Chapter VII. Supplementary Rules
Article 73.
When it has become necessary in future to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by Imperial Order.
(2) In the above case, neither House can open the debate, unless not less than two thirds of the whole number of Members are present, and no amendment can be passed, unless a majority of not less than two thirds of the Members present is obtained.
Article 74.
No modification of the Imperial House Law shall be required to be submitted to the deliberation of the Imperial Diet.
(2) No provision of the present Constitution can be modified by the Imperial House Law.
Article 75.
No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency.
Article 76.
Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force.
(2) All existing contracts or orders, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of Article 67.
Third Government Draft (April 17, 1946)
“Final” Draft of Japanese Constitution (Third Government Draft)
Submitted to Privy Council and Published on 17 April, 1946
Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.1
We, the Japanese people, acting through our daily elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim the sovereignty of the people's will and do ordain and establish this Constitution, founded upon the universal principles that government is a sacred trust the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people; and we reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.
Desiring peace for all time and fully conscious of the high ideals controlling human relationship now stirring mankind, we have determined to rely for our security and survival upon the justice and good faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society designed and dedicated to the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize and acknowledge that all peoples have the right to live in peace, free from fear and want.
We hold that no people is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all people who would sustain their own sovereignty and justify their sovereign relationship with other peoples.
To these high principles and purposes we, the Japanese people, pledge our national honor, determined will and full resources.
Chapter I. The Emperor
Article 1.
The Emperor shall be the symbol of the state and of the unity of the people, deriving his position from the sovereign will of the people.
Article 2.
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 3.
The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.
Article 4.
The Emperor shall perform only such state functions as are provided for in this constitution. Never shall he have powers related to government.
(2) The Emperor may delegate his functions as may be provided by law.
Article 5.
When, in accordance with the Imperial House Law, a regency is established, the Regent shall exercise his functions in the Emperor’s name. In this case, paragraph one of the preceding article will be applicable.
Article 6.
The Emperor shall appoint the Prime Minister as designated by the Diet.
Article 7.
The Emperor, with the advice and approval of the Cabinet, shall perform the following functions of state on behalf of the people.
1. Promulgation of amendments of the constitution, laws, cabinet orders, and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general elections.
5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of instruments of ratification and other diplomatic documents as provided by law.
9. Receiving foreign ambassadors and ministers.
10. Performance of ceremonial functions.
Article 8.
No property can be given to, or received by, the Imperial House, and no gifts can be made thereby, without the authorization of the Diet.
Chapter II. Renunciation of War
Article 9.
War, as a sovereign right of the nation, and the threat or use of force, is forever renounced as a means of settling disputes with other nations.
The maintenance of land, sea, and air forces as well as other war potential, will never be authorized. The right of belligerency of the state will not be recognized.
Chapter III. Right and Duties of the People
Article 10.
The people shall not be prevented from enjoying any of the fundamental rights. These fundamental human rights guaranteed to the people by this constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
Article 11.
The enjoyment of the freedoms and rights guaranteed to the people by this constitution shall be maintained by the eternal vigilance of the people, and the people shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
Article 12.
All of the people shall be respected as individuals, and their right to life, liberty and the pursuit of happiness shall, within the limits of the public welfare, be the supreme consideration in legislation and in governmental affairs.
Article 13.
All of the people are equal under the law and there shall be no discrimination in political, economic, or social relations because of race, creed, sex, social status, or family origin. No peerage shall be granted. No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 14.
The people have the inalienable right to choose their public officials and to dismiss them.
(2) All public officials are servants of the whole community and not of any special group.
(3) In all elections, secrecy of the ballot shall be preserved inviolate, nor shall any voter be answerable, publicly or privately, for the choice he has made.
Article 15.
Every person has the right of peaceful petition for the redress of damage and other matters, for the removal of public officials and for the enactment, repeal or amendment of laws, ordinances or regulations; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 16.
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 17.
Freedom of thought and conscience shall be held inviolable.
Article 18.
Freedom of religion is guaranteed to all. No religious organization shall receive any privilege from the State, nor exercise any political authority.
(2) No person shall be compelled to take part in any religious act, celebration, rite, or practice.
(3) The State and its organs shall refrain from religious education or any other religious activity.
Article 19.
Freedom of assembly, association, speech, and press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 20.
Every person shall have freedom to choose and change his residence and to those his occupation to the extent that it does not interfere with the public welfare.
(2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 21.
Academic freedom is guaranteed.
Article 22.
Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation, with the equal rights of husband and wife as a basis. Laws shall be enacted considering choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family from the standpoint of individual dignity and the essential equality of the sexes.
Article 23.
In all spheres of life, law shall be designed for the promotion and extension of social welfare and security, and of public health.
Article 24.
All people shall have the right to receive an equal education corresponding to his ability, as provided by law.
(2) All people shall be obligated to insure that all of the children under his protection receive elementary education. Such education shall be free.
Article 25.
All people have the right to work. Standards for working conditions, wages and hours shall be fixed by law. The exploitation of children shall be prohibited.
Article 26.
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 27.
The right to own property is inviolable, but property rights shall be defined by law, in conformity with the public welfare. Private property may be taken for public use upon just compensation therefor.
Article 28.
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 29.
No person shall be defined the right of access to the courts.
Article 30.
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended while committing a crime.
Article 31.
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; he shall not be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
Article 32.
The right of the people to be secure in their persons, homes, paper and effects against entries, searches and seizures shall not be impaired except upon warrant issued only for probable cause and particularly describing the place to be searched and the person or things to be seized, or except as provided by Article 30.
(2) Each search or seizure shall be made upon separate warrant issued for the purpose by a competent judicial officer.
Article 33.
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 34.
In all criminal cases the accused shall enjoy the right to a speedy and public trial and an impartial tribunal. He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(2) At all times the accused shall have the assistance of competent counsel who shall, if the accused be unable to secure the same by his own efforts, be assigned to his use by the government.
Article 35.
No person shall be compelled to testify against himself.
(2) No concession shall be admitted in evidence if made under compulsion, torture or threat, or after prolonged arrest or detention.
(3) No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 36.
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he in any way, be placed in double jeopardy.
Chapter IV. The Diet
Article 37.
The Diet shall be the highest organ of state power, and shall be the sole law-making authority of the State.
Article 38.
The Diet shall consist of two houses, namely the House of Representatives and the House of Councillors.
Article 39.
Both Houses shall consist of elected members, representative of all the people.
(2) The number of the members of each House shall be fixed by law.
Article 40.
The qualifications of electors and members for both Houses shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status or family origin.
Article 41.
The term of office of members of the House of Representatives shall be 4 years. However, the term may be terminated before the full term is up by dissolution of the House of Representatives.
Article 42.
The term of office of the members of the House of Councillors shall be six years. Election for half the members shall take place every three years.
Article 43.
Matters pertaining to the method of election of members of both Houses, electoral districts, and method of voting shall be fixed by law.
Article 44.
No person shall be permitted to be a member of both Houses simultaneously.
Article 45.
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with the law.
Article 46.
Except in cases provided by law, members of both Houses shall be exempt from arrest while the Diet is in session. Any members arrested before the opening of the session shall be freed during the term of the session upon demand of the House.
Article 47.
Members of both Houses shall not be held liable outside the House for speeches, debates, or votes cast inside the House.
Article 48.
An ordinary session of the Diet shall be convoked once per year.
Article 49.
The Cabinet may call extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Diet must be called into session.
Article 50.
When the House of Representatives is ordered dissolved, there must be a general election of members of the House of Representatives within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the election. When the House of Representatives is ordered dissolved, the House of Councillors must, at the same time, be closed, except that the Cabinet may in time of national emergency convoke the House of Councillors in emergency session.
(2) Measures enacted at such session shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten (10) days after the opening of the next session of the Diet.
Article 51.
Each House shall judge disputes related to qualifications and elections of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.
Article 52.
Business cannot be transacted in either House unless at least one-third of the total membership is present.
(2) All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution. In case of a tie, the presiding officer shall decide the issue.
Article 53.
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(2) Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.
(3) Upon demand of one-fifth or more of the members present, votes of the members on any matter shall be present, votes of the members be recorded in the minutes.
Article 54.
Each House shall select its own president and other officials.
(2) Each House shall establish its rules and regulations pertaining to meetings and proceedings and internal discipline may punish members for disorderly conduct. (3) However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
Article 55.
A bill becomes a law on passage by both Houses, except as otherwise provided by this Constitution.
(2) A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from the House of Representatives, becomes a law when passed a second time by the House of Representatives by a majority of two-thirds or more of the members present.
(3) Failure by the House of Councillors to take final action within sixty (60) days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection.
Article 56.
The budget must first be submitted to the House of Representatives.
Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when a joint committee of both Houses provided for by law, cannot come to an agreement, or in the case of failure by the House of Councillors to take final action within forty (40) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives will be considered the decision of the Diet.
Article 57.
The second paragraph of the preceding article applies also to Diet approval required for the conclusion of treaties.
Article 58.
Each House may conduct investigations in relation to national affairs, and may compel the presence and testimony of witnesses, and the production of records.
Article 59.
The Prime Minister, and the Ministers of State, may at any time, appear in either House for the purpose of debating on bills regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.
Article 60.
The Diet shall set up an impeachment court from the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be provided by law.
Chapter V. The Cabinet
Article 61.
Executive power shall be vested in the Cabinet.
Article 62.
The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State as provided for by law.
(2) The Cabinet, in the exercise of executive power, shall be collectively responsible for the Diet.
Article 63.
The Prime Minister shall be designated by a resolution of the Diet. This designation shall precede all other business.
(2) If the House of Representatives and the House of Councillors disagree and if a joint committee of both houses, provided for by law, cannot reach an agreement, or the House of Councillors fails to make designation within twenty (20) days, exclusive of the period of recess, after the House of Representatives has made a designation, the decision of the House of Representatives shall be the decision of the Diet.
Article 64.
The Prime Minister shall, with the approval of the Diet, appoint the Ministers of State. The second paragraph of the preceding article shall apply to this approval.
(2) The Prime Minister may remove the Ministers of State as he chooses.
Article 65.
If the House of Representatives passes a no-confidence resolution, or fails to pass a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten days.
Article 66.
When there is a vacancy in the post of Prime Minister, or upon the convocation of the Diet after a general election, the Cabinet shall resign en masse.
Article 67.
In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
Article 68.
The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet, and exercises supervision and control over various administrative branches.
Article 69.
The Cabinet, in addition to other general administrative functions shall:
1. Administer the law faithfully; conduct affairs of State.
2. Manage foreign affairs.
3. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
4. In accordance with the standards established by the Diet, administer the civil service.
5. Prepare the budget, and present it to the Diet.
6. Enact cabinet orders in order to carry out the provisions of this Constitution and of the law. However, it cannot include penal provisions in such orders and regulations unless authorized by such law.
7. Decide on general amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 70.
All laws and cabinet orders shall be signed by the competent Minister of State, and countersigned by the Prime Minister.
Article 71.
The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister, but the right to take that action is not impaired hereby.
Chapter VI. The Judiciary
Article 72.
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws enacted pursuant thereto.
Article 73.
The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts, and the administration of judicial affairs.
(2) Public procurators shall be subject to the rule-making power of the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 74.
Removals of judges shall be accomplished by public impeachment only unless judicially declared mentally or physically incompetent. No disciplinary action shall be administered by an executive organ or agency.
Article 75.
The Supreme Court shall consist of such number of judges as may be determined by law; all such judges shall be appointed by the Cabinet and shall be retired upon the attainment of the age as fixed by law.
(2) The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of the House of Representatives following their appointment, and shall be reviewed again at the first general election of the House of Representatives after a lapse of ten years, and in the same manner thereafter.
(3) In cases mentioned in the foregoing paragraph, when the majority of the voters show that they favor the dismissal of a judge concerned, he shall be dismissed.
Matters pertaining to the review mentioned in the foregoing paragraphs shall be prescribed by law.
(4) All such judges shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 76.
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten years with privilege of reappointment, provided that, they shall be retired upon the attainment of the age as fixed by law.
(2) The judges of the inferior courts shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 77.
The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
Article 78.
Trials shall be conducted and judgment declared publicly. Where, however, a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press, and cases wherein the rights of people as reserved in Chapter III of this Constitution are in question, shall be conducted publicly without exception.
Chapter VII. Finance
Article 79.
The power to administer national finances shall be exercised as the Diet shall determine.
Article 80.
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 81.
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 82.
The Cabinet shall prepare and submit to the Diet for its consideration and decision an annual budget for each fiscal year.
Article 83.
In order to provide for unforeseen deficiencies in the budget a reserve fund may be authorized to be expended upon the responsibility of the Cabinet.
The Cabinet shall be held accountable to the Diet for all payments from the reserve fund.
Article 84.
All property of the Imperial Household, other than the hereditary estates, shall belong to the State. The income from all Imperial properties shall be paid into the national treasury and allowances and expenses of the Imperial Household, as defined by law, shall be appropriated by the Diet in the annual budget.
Article 85.
No public money or property shall be appropriated for the use, benefit or support of any system of religion, or religious institution or association, or for any charitable, educational or benevolent purposes not under the control of the Public authority.
Article 86.
A final audit of all expenditures and revenues of the State shall be made annually by a board of audit and submitted by the Cabinet to the Diet during the fiscal year immediately following the period covered.
The organization and competency of the board of audit shall be determined by the Diet.
Article 87.
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.
Chapter VIII. Local Self Government
Article 88.
Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.
Article 89.
The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
(2) The chief executive officers of all local public entities, the members of their legislative assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.
Article 90.
Local public entities shall have the right to manage their property, affairs and government and to frame their own charter within such laws as the Diet may enact.
Article 91.
A special law, applicable only to one local public entities, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
Chapter IX. Amendments
Article 92.
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority or all votes cast thereon at such election as the Diet shall specify.
(2) Amendments when so ratified shall immediately be proclaimed by the Emperor, as an integral part of this Constitution.
Chapter X. Supreme Law
Article 93.
The fundamental human rights by this Constitution guaranteed to the people of Japan result from the age-old struggle of man to be free. They have survived the exacting test for durability in the crucible of time and experience, and are conferred upon this and future generations in sacred trust, to be held for all time inviolate.
Article 94.
This Constitution and the laws and treaties made in pursuance hereof shall be the supreme law of the state and no public law or ordinance and no imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have the legal force or validity.
Article 95.
The Emperor or the Regent, the Ministers of State, the members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.
Chapter XI. Supplementary Provisions
Article 96.
This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.
(2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding article.
Article 97.
As regards those who hold peerage on the effective date of this Constitution, their title shall remain valid for their lives, but no right of peerage shall form this time forth embody within itself any power of government.
Article 98.
If the house of Councillors is not constituted before the effective date of this Constitution, the House of Representatives shall sit as the Diet on that date and until such time as the House of Councillors shall be constituted.
Article 99.
The term of office for half the members of the House of Councillors serving in the first term under this Constitution shall be three years. Members falling under this category shall be determined in accordance with law.
Article 100.
The Ministers of State, members of the House of Representatives and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on the effective date of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution they shall forfeit their positions as a matter of course.