Foreign Relations of the United States, 1946, The Far East, Volume VIII

894.011/10–146

Excerpt From Minutes of 28th Meeting of the Far Eastern Commission on September 25, 1946⁹⁵

September 25, 1946

Item 5—Statement by Committee No. 3: Constitutional and Legal Reform, on FEC–087/5, Soviet Proposals Concerning the Draft Constitution (FEC–087/6)

Sir Carl Berendsen⁹⁶ moved pro forma and Mr. Vesugar⁹⁷ seconded the motion that the report of Committee No. 3 on the amendments to the draft constitution proposed by the Soviet representative⁹⁸ in FEC–087/5 be adopted. In the light of the discussion and action recorded below, Sir Carl Berendsen, with the consent of Mr. Vesugar, later withdrew his pro forma motion.

The Commission considered seriatim the statement of Soviet views (FEC–087/5) in regard to the draft constitution, together with the report by Committee No. 3 on these views (FEC–087/6).

Admiral Ramishvili moved the adoption of paragraph 1 of FEC–087/5 as follows:

“The Sovereign power of the people should be defined in the constitution more precisely and clearly. The provision to the effect that ‘sovereign power resides with the people’ should constitute a separate Article and have no connection with the definition of the role of the Emperor.”

The motion lapsed for lack of a second.

Admiral Ramishvili moved the adoption of the first sentence of paragraph 2 of FEC–087/5 as follows:

“The Diet should have the right to appoint not only the prime minister, but also the remaining ministers of the Cabinet.”

The motion lapsed for lack of a second.

Dr. Koo⁹⁹ moved and Major Plimsoil¹ seconded the motion that the principle in paragraph 2 of FEC–087/5 that “All the ministers should be civilians” be adopted, in the light of the favorable report on this point by Committee No. 3.

Sir Carl Berendsen said that unanimous agreement on this principle already existed. He pointed out that the Commission had already laid down this principle in its statement of basic principles for a new Japanese constitution (FEC–031/19)² and that the Supreme Commander, according to the communication from him (FEC–087/8) considered earlier on the agenda, had obtained the agreement of the Japanese Government to this principle. Sir Carl said that he realized that the Soviet representative entertained doubt as to whether the Diet would include the desired provision in the constitution. He thought it not likely that the Diet would challenge the authority of the Supreme Commander in this manner, and he suggested that steps to meet such a contingency need not be taken now.

General McCoy said that, although the principle had been included in the statement of basic constitutional principles, there was no harm in reaffirming it.

The motion by Dr. Koo was carried unanimously.

Admiral Ramishvili moved the adoption of paragraph 3 of FEC–087/5 as follows:

“Members of the Supreme Court should be elected by the Diet for 5 years service.”

The motion lapsed for lack of a second.

Admiral Ramishvili moved the adoption of paragraph 4 of FEC–087/5 as follows:

“The Article concerning regency should be worded in the sense that regency is established on the principle of the free expression of will of the people with whom the sovereign power resides. Such principle of establishing the regency is in compliance with the spirit of the Potsdam Declaration and also with the decision of the Far Eastern Commission on ‘Basic Principles of a New Japanese Constitution,’ in which it is stated that ‘the Japanese people should be encouraged to abolish the Emperor Institution or to reform it along more democratic lines.’”

The motion lapsed for lack of a second.

Admiral Ramishvili moved and Dr. De Kat³ seconded the motion that paragraph 5 of FEC–087/6 be adopted as follows:

“The Committee agrees that the House of Councillors should not have any predominance over the House of Representatives and considers that it will be essential to scrutinize the implementing legislation very carefuly to ensure that such predominance shall not be established.”

The motion was carried unanimously.

Sir Carl Berendsen moved and Mr. Vesugar seconded the motion that the Commission reaffirmed its previous decision taken in FEC–031/19, Basic Principles for a New Japanese Constitution, that all cabinet ministers should be civilians and decide as a matter of policy that the House of Councillors should not have any predominance over the House of Representatives and that the Commission state that it considers essential its continuing right to scrutinize the implementing legislation very carefuly to ensure that such predominance not be established. The motion was carried unanimously.⁴

The Commission unanimously agreed to table FEC–087/6.

Admiral Ramishvili presented the following formal statement:

“Proceeding from the desire to bring the draft of the Japanese Constitution into full compliance with the Potsdam Declaration and the decision of the Far Eastern Commission: FEC–031/19, the Soviet Delegation has made the following proposals at the 26th meeting of the Far Eastern Commission:

(a) The provision to the effect that ‘sovereign power resides in the people’ should constitute a separate Article, and not in connection with the definition of the role of the Emperor.

(b) To recognize the right of the Diet to appoint not only the prime minister but also the remaining Cabinet ministers.

(c) All the ministers, including the prime minister, should be civilians.

(d) The members of the Supreme Court should be elected by the Diet for 5 years service.

(e) The Constitution Article concerning regency should be worded in the sense that regency is established on the principle of the free expression of will of the Japanese people with whom the sovereign power resides.

(f) The USSR Delegation doesn’t insist on the unicameral system provided the House of Councillors has no predominance over the House of Representatives.

“The Soviet Delegation is convinced that the above proposals are in full accord with the principles set out in the Potsdam Declaration and with the decisions of the Far Eastern Commission: FEC–031/19, and represent the necessary provisions of a truly democratic Constitution.

“However, the proposals of the Soviet Delegation under (a), (b), (d) and (e) have been rejected by the majority of the members of the Far Eastern Commission.

“Under these circumstances, the Soviet Delegation, acting on behalf of the Government of the USSR, states that it does not consider it possible to approve the draft of the Japanese Constitution, as the latter, without inclusion of the above-mentioned proposals, does not comply with the principles set out in the Potsdam Declaration nor with the decision of the Far Eastern Commission: FEC–031/19.

“The Soviet Delegation reserves its right of criticism and consideration in future of the questions concerning the Japanese Constitution.”

95. Copy transmitted to the Department in letter of October 1 from the Secretary General of the Far Eastern Commission (Johnson), not printed.
96. New Zealand Minister and chairman of Steering Committee, Far Eastern Commission.
97. Jamshed Vesugar, Indian member of Steering Committee.
98. Rear Adm. S. S. Ramishvili, member of Steering Committee.
99. V. K. Wellington Koo, Chinese Ambassador and representative on the Far Eastern Commission.
1. Maj. J. Plimsoil, Australian member of Steering Committee.
2. July 2; printed as directive serial 54, July 6, to SCAP in Political Reorientation of Japan, p. 661.
3. A. D. A. de Kat Angelino, Netherlands alternate member of Steering Committee, Far Eastern Commission.
4. FEC–087/9; see draft message to SCAP, p. 335.