First Government Draft (March 2, 1946)

Draft Constitution of Japan (First Government Draft)
March 2, 1946

Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.¹

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.

Article 3.
The advice of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefore.

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 a part of 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 resolved by the Diet.

Article 7.
The Emperor, with the advice of the Cabinet, shall perform the following functions of state on behalf of the people:
1. Promulgations 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. Appointment and dismissal of Ministers of State, Ambassadors, and other officials as provided for by law.
6. General and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Receiving foreign ambassadors and ministers.
9. Performance of ceremonial functions.

Article 8.
No property can be given to, or received by, the Imperial House, and no receipts and disbursements 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 abolished as a means of settling disputes with other nations.
(2) The maintenance of land, sea, and air forces, as well as other war potential, and the right of belligerency of the state will not be recognized.

Chapter III. Rights and Duties of the People

Article 10.
The people shall not be prevented from enjoying any of the fundamental human rights. In view of their historical background precious to all, 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 rights 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 privilege shall accompany peerage, decoration or any distinction.

Article 14.
Aliens shall have equal rights to receive protection from the law.

Article 15.
Government officials and other public officials are public servants of the state and society, and the source of power to choose and to dismiss them resides in the whole people.

Article 16.
In all elections, secrecy of the ballot shall be preserved inviolate, nor shall any voter be answerable for the choice of candidates he has made.

Article 17.
All of the people have the right of petition for the redress of damage. For the removal of public officials and for the enactment, repeal or amendment of laws and ordinances, nor shall they be inflicted any harm for sponsoring such a petition.

Article 18.
All of the people shall have the freedom of religion, nor shall they be compelled to take part in worship, prayer and other religious acts.
(2) No religious organization shall take part in politics, nor receive any privilege from the State.
(3) The State and its organs shall refrain from religious education or any other religious activity.

Article 19.
Freedom of thought and conscience are guaranteed to all of the people.

Article 20.
All of the people shall have the freedom of speech, writing, press, assembly and association to the extent that they do not conflict with the public peace and order.
(2) No censorship shall be maintained except as specifically provided by law.

Article 21.
The secrecy of letter and other means of communication is guaranteed to all of the people provided that necessary measures to be taken for the maintenance of public peace and order, shall be provided by law.

Article 22.
Academic freedom is guaranteed to all of the people.

Article 23.
All of the people shall have the right to receive an equal education corresponding to his ability as provided by law. Such education shall be free.

Article 24.
All of the people have the right to work as provided for by law.

Article 25.
Workers shall have the right to organize and to bargain and act collectively as provided by law.

Article 26.
All of the people shall have the freedom to choose and change their residence and to choose their occupation to the extent that it does interfere with the public welfare.
(2) Freedom of all of the people to move to a foreign country and to divest themselves of their nationality shall be inviolate.

Article 27.
All of the people shall not be denied the right to be tried by the judges as prescribed by law.

Article 28.
All of the people shall not be deprived of life or liberty, nor shall any criminal penalty be imposed upon them, except according to the law.
(2) No cruel punishments shall be inflicted.

Article 29.
All of the people shall not be held in bondage of any kind against their will, nor shall they be compelled to servitude, except as punishment for crime.
(3) The exploitation of children shall be prohibited.

Article 30.
No person shall be apprehended except upon duly issued warrant unless he is apprehended while committing a crime, nor shall he be detained without adequate cause.

Article 31.
No person shall be reexamined for the same crime for which the judgment of court has become irrevocable except in the case of reexamination as provided by law.

Article 32.
No person shall be compelled to confess or testify against himself.

Article 33.
No person shall be punished retroactively for an act which was lawful at the time it was committed.

Article 34.
All of the people shall be secure in their homes against entries and searches except as provided for by law.
(2) Except in cases of emergency, entries into homes, searches and seizures shall not be made except upon duly issued warrant.

Article 35.
The right to own property is guaranteed to all of the people.
(2) The substance and scope of property rights shall be defined by law in conformity with the public welfare.

Article 36.
Property rights is accompanied by obligations. Its use shall be made for the public welfare.

Article 37.
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.

Article 38.
All laws and ordinances pertaining to the national livelihood shall be designed for the guarantee of freedom, enhancement of justice and for the promotion and extension of public welfare and of democracy.

Chapter IV. The Diet

Article 39.
The Diet shall be the highest organ of state power, and shall exercise the legislative power.

Article 40.
The Diet shall consist of two houses, namely the House of Representatives and the House of Councillors.

Article 41.
The House of Representatives shall consist of elected members.
(2) The number of the members of the House of Representatives shall be fixed by law between three hundreds (300) and five hundreds (500).

Article 42.
The qualifications of electors and candidates for the House of Representatives shall be fixed by law. However, there shall be no discrimination because of sex, race, religion, or social status.

Article 43.
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 44.
Matters pertaining to the method of election of members of the House of Representatives, electoral districts, and method of voting, shall be fixed by law.

Article 45.
The House of Councillors shall consist of members elected for the various districts or professions and members appointed by the Cabinet upon resolution of a committee consisting of members of both Houses.
(2) The number of members of the House of Councillors shall be fixed by law between two hundreds (200) and three hundreds (300).

Article 46.
The term of office of the members of the House of Councillors shall be six years, except for half the members serving in the first term. Election for half the members of each kind shall take place every three years.

Article 47.
Matters pertaining to the election or appointment of members of the House of Councillors, the number of members of each kind and qualifications of candidates therefor shall be fixed by law.

Article 48.
No person shall be permitted to be a member of both Houses simultaneously.

Article 49.
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with the law.

Article 50.
Except in cases provided by law, members of both Houses shall be exempt from arrest while the Diet is in session. Any member arrested before the opening of the session shall be freed during the term of the session upon demand of his House.

Article 51.
Members of both Houses shall not be held liable outside the House for speeches, debates, or votes cast inside the house.

Article 52.
The Diet shall be convoked at least once per year.

Article 53.
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 may be called into session.

Article 54.
When the House of Representatives is ordered dissolved, there must e a general election of members of the House of Representatives during the period within thirty (30) or 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.

Article 55.
The House of Representatives shall not be dissolved repeatedly for the same cause.

Article 56.
Each House shall judge disputes related to qualifications and elections of its members.

Article 57.
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 58.
Deliberation in each House shall be public. No secret meetings shall be held.
(2) Each House shall keep a record of proceedings. This record shall be published and distributed to the public.
(3) Upon demand of one-fifth or more of the members present, votes of the members on any matter shall be corded in the minutes.

Article 59.
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 may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.

Article 60.
No law shall be passed except by bill.
(2) A bill becomes a law on passage by both Houses.
(3) A bill, which is passed a third time consecutively by the House of Representatives and sent to the House of Councillors, becomes a law, regardless of whether the decision of the House of Councillors is made or not, upon the lapse of two years since the day when the House of Representatives opened the business on the bill for the first time.

Article 61.
The budget must first be submitted to the House of Representatives.
(2) Upon consideration of of the budget, when the House of Councillors makes a decision different from that of the House Representatives, and when a joint committee of both Houses, provided by law, cannot come to an agreement, the decision of the House of Representatives will be considered the decision of the Diet.

Article 62.
The second paragraph of the preceding article supplies also to the Diet approval required for the conclusion of treaties, the international conventions and agreements.

Article 63.
Each House may conduct investigations in relation to national affairs, and may compel the presence and testimony of witnesses, and the production of records. In such cases, each House can punish in accordance with law, those who do not comply with the demands.

Article 64.
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 answer to interpellations or questions is required.

Article 65.
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.

Article 66.
The Diet shall enact all laws necessary to carry into execution the provisions of this Constitution.

Chapter V. The Cabinet

Article 67.
Executive power shall be vested in the Cabinet.

Article 68.
The Cabinet shall consists 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 to the Diet.

Article 69.
The Prime Minister shall be designated by a resolution of the Diet. This designation shall precede all other business.

Article 70.
The Prime Minister shall, with the approval of the Diet, designate the Ministers of State. The second paragraph of the preceding article shall apply to this approval.
(2) The Prime Minister may decide on the removal of Ministers of State as he chooses.

Article 71.
If the House of Representatives passes no-confidence resolution, or fails to pass a confidence resolution, the Cabinet shall resign en masse, unless it dissolves the House of Representatives within ten days.

Article 72.
When there is a vacancy in the post of Prime Minister, or upon the convocation of the Diet after a general election caused by the expiration of term of members of the House of Representatives, the Cabinet shall resign en masse.

Article 73.
In the cases mentioned in the preceding two articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.

Article 74.
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 75.
The Cabinet, in addition to other general administrative functions shall:
1. Administer the law faithfully;
2. Conduct affairs of State.
3. Manage foreign affairs.
4. Conclude treaties, international conventions and agreements. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
5. In accordance with standards established by the Diet, manage internal administrative affairs.
6. Prepare the budget, and present it to the Diet.
7. Enact and promulgate orders and regulations in order to carry out the provision of this Constitution and of the law. However, it cannot include penal provisions in such orders and regulations.
8. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 76.
In cases where the Diet cannot be convoked due to the dissolution of the House of Representatives and other causes the Cabinet may, if there is a particularly urgent necessity for the maintenance of the public safety, enact a cabinet order to be substituted for law or budget on the condition that a subsequent approval of the Diet be obtained therefor.

Article 77.
All laws and orders shall be signed by the competent Minister of State, and countersigned by the Prime Minister.

Article 78.
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. Judiciary

Article 79.
Judicial power shall independently be exercised by the court.
The Court shall consist of a Supreme Court and such other inferior courts as provided by law.
(2) No extraordinary tribunal shall be established.

Article 80.
The Supreme Court shall be the Court of last resort.

Article 81.
As for litigations on the constitutionality of law and order, or administrative act pertaining to the provisions of Chapter III of this Constitution, the trial of the Supreme Court shall be final.

Article 82.
The Supreme Court shall have the sole Jurisdiction over cases involving ambassadors, ministers and consuls for foreign states.

Article 83.
All judges shall strictly and impartially execute their duty according to their conscience.
(2) Judges shall be bound, in the exercise of their duty, only by this Constitution and laws.

Article 84.
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.
(2) In bases mentioned in the foregoing paragraph, when the majority of the voters show that they favor the dismissal of a judge he shall be dismissed.
(3) Matters pertaining to the review mentioned in the foregoing paragraphs shall be prescribed by law.

Article 85.
The judges of the inferior courts shall be appointed from among candidates of at least twice the required number, who will be nominated by the Supreme Court.
(2) The judges of the inferior courts shall hold office for a term of ten (10) years with privilege of reappointment.

Article 86.
The judges shall be retired automatically upon the attainment of the age of seventy (70) years.

Article 87.
Except in case mentioned in the preceding three Articles, the judge shall not be dismissed unless by penal sentence, judgement of impeachment court or judgement of dismissal by the court as disciplinary action or on account of mental or physical incompetency.

Article 88.
The judges shall receive adequate compensation as provided by law. The compensation of judges shall not be decreased against their will unless as a disciplinary action or for other reasons as specifically provided by law.

Article 89.
Trials shall be conducted and judgement declared publicly. Where, however, a court determines publicity to be dangerous to public order and morals as provided for by law, a trial may be conducted privately.
(2) The proviso of the preceding paragraph shall not be applied to trials of political offenses, offenses involving the press, and other cases wherein the rights of people guaranteed in Chapter III of this Constitution are in question.

Article 90.
The Supreme Court may determine the details of procedure, the internal discipline of the courts and other rules necessary for the administration of judicial affairs except as provided by this Constitution and laws.
(2) An inferior court may determine its rules necessary for the administration of judicial affairs as authorized by the Supreme Court.

Chapter VII. Finance

Article 91.
Imposition of new taxes or modification of existing ones shall be prescribed by law.
(2) The existing taxes shall continue to be collected as heretofore unless changed or modified by law.

Article 92.
No national loan shall be raised, nor shall any contract imposing a burden on the national treasury be entered into in the absence of an appropriation therefor except as authorized by the Diet.

Article 93.
Matters pertaining to the determination of the value of currency and issuance thereof shall be provided by law.

Article 94.
An annual budget setting forth annual expenditure and revenue of the State shall be submitted to the Diet for approval.

Article 95.
In order to provide for unavoidable deficiencies in the budget or for necessary expenditures outside the appropriation of the budget a reserve fund shall be established.

Article 96.
The budget concerning allowances and expenses of the Imperial Household shall constitute a part of the national budget. The same shall apply to the income and expenditure arising from Imperial properties other than the hereditary estates.

Article 97.
Neither the State nor the local public entity shall appropriate money or other properties for religious associations. The same shall apply to appropriations for charitable educational and other similar purposes not under the control of the State.

Article 98.
A final audit of annual expenditures and revenues of the State shall be made and determined by board of audit and submitted by the Cabinet to the Diet during the fiscal year immediately following the period covered.
(2) The organization and competency of the board of audit shall be fixed by law.

Article 99.
At least annually the Cabinet shall report to the Diet and the people on the state of national finance.

Article 100.
Matters pertaining to national finances and state property shall be prescribed by law except as provided in this Chapter.

Chapter VIII. Local Self Government

Article 101.
Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.

Article 102.
The local public entities shall establish assemblies as their deliberation organs, in accordance with law.
(2) The chief executive officers of the local public entities having the power to levy local taxes, the members of their legislative assemblies shall be elected by inhabitants thereof.

Article 103.
Inhabitants of local public entities shall have the right to self government and may enact by-laws and regulations within law.

Article 104.
A special law applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters or the local public entities concerned, obtained in accordance with law.

Chapter IX. Supplementary Provisions

Article 105.
Amendments to this Constitution shall be initiated by the Diet and submitted to the people for ratification.
(2) The initiative of the Diet shall not be taken unless by concurring vote of two-thirds of more of all the members of each House.
(3) The ratification of the people shall be decided by a majority of all votes cast therefor at such national referendum as law shall prescribe.
(4) Draft amendments to this Constitution shall become final as the amendments to this Constitution upon ratification by the people.
(5) Amendments to this Constitution shall be proclaimed by the Emperor in accordance with the provision of Article 7 of this Constitution.

Article 106.
Amendments to the Imperial House Law shall be initiated by the Emperor in accordance with the provisions of Article 3 of this Constitution by submitting to the Diet a draft which shall be decided under the same provisions as in the base of a bill.
(2) Amendments to the Imperial House Law as passed by the Diet under the preceding paragraph shall be proclaimed by the Emperor in accordance with the provisions of Article 7 of this Constitution.

Article 107.
This Constitution and the laws and treaties made in pursuance hereof shall be the supreme law of the state and no law or ordinance and no imperial rescript or other administrative acts contrary to the provisions thereof, shall have legal force or validity.

Article 108.
The Ministers of State, members of the Diet, judges and all other public officials in office at the time of the enforcement of this Constitution, shall remain at their posts in accordance with existing provisions of law regardless of the provisions of this Constitution, until their successors are elected or appointed.

Article 109.
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.