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

894.011/11–2146

The Political Adviser in Japan (Atcheson) to the Secretary of State

No. 718

Tokyo, November 21, 1946.
[Received December 2.]

Subject: Amendments to Japanese Government Draft Constitution Passed by the House of Representatives and the House of Peers.

The United States Political Adviser has the honor to refer to this Mission’s despatch No. 296, March 8, 1946, with which was transmitted a copy of the Japanese Government Draft Constitution,⁴⁶ and to enclose copies of the English translation prepared by Government Section, General Headquarters, Supreme Commander for the Allied Powers, of the changes in the original version passed by the House of Representatives and the House of Peers.

[Enclosure]

Memorandum of Changes in Japanese Draft Constitution as Adopted

The following changes in the original translated version of the new Constitution for Japan were approved by the House of Representatives on 21 August, 1946:

Preamble—no change.

Chapter 1

Article 1. The Emperor shall be the symbol of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power.

Article 2. No change.

Article 3. No change.

Article 4. The Emperor shall perform only such acts in matters of State as are provided for in this Constitution. Never shall he have powers related to government.

The Emperor may delegate the performance of his acts in matters of State as may be provided by law.

Article 5. When, in accordance with the Imperial House Law, a regency is established, the regent shall perform his acts in matters of State in the Emperor’s name. In this case, paragraph 1 of the preceding article will be applicable.

Article 6. The Emperor shall appoint the Prime Minister as designated by the Diet.

The Emperor shall appoint the Judge to head the Supreme Court, as designated by the cabinet.

Article 7. The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of State on behalf of the people:

Promulgation of amendments of the Constitution, laws, Cabinet orders and Treaties.

Convocation of the Diet.

Dissolution of the House of Representatives.

Proclamation of general election.

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.

Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.

Awarding of honors.

Attestation of instruments of ratification and other diplomatic documents as provided for by law.

Receiving foreign Ambassadors and Ministers.

Performance of ceremonial functions.

Article 8. No change.

Chapter 2

Article 9. Aspiring to an international peace based on justice and order, the Japanese people renounce war forever as a sovereign right of the nation, and the threat or use of force as a means of settling disputes with other nations.

For the above purpose, land, sea and air forces, as well as other war potential, will never be maintained. The right of belligerency of the State will not be recognized.

Chapter 3

Article 10. The qualifications for Japanese citizenship shall be determined by law. (new article)

Old Articles, 10, 11, 12 renumbered as 11, 12, 13. No change.

Article 13. Renumbered as Article 14, and in lieu of sentence: “No peerage shall be granted”, the following sentence is inserted: “Peers and peerage shall not be recognized.”

Article 14, and Article 15 renumbered as 15 and 16. No change.

Article 17. Every person has the right to sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official, (new article)

Old Articles 16 through 22 inclusive, no change except renumbered as 18 through 24.

Article 23. Renumbered 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living.

In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security and of public health.

Article 24. Renumbered 26. All people shall have the right to receive an equal education correspondent to their ability, as provided by law.

All people shall be obliged to ensure that all of the children under their protection receive elementary education as provided for by law. Such education shall be free.

Article 25. Renumbered 27. All people have the right and the obligation to work. Standards for working conditions, wages, hours, and rest shall be fixed by law. The exploitation of children shall be prohibited.

Articles 26 and 27. Renumbered 28 and 29. No change.

Article 30. The people are liable to taxation as fixed by law. (new article)

Old Articles 28 through 36 inclusive. Renumbered as 31 through 39. No change.

Article 40. Any person, in case he is acquitted after he has been arrested or detained, may sue the state for redress as provided by law. (new article)

Chapter 4

Old Articles 37, 38, 39. Renumbered as 41, 42 and 43. No change.

Old Article 40. Renumbered 44. The qualifications of electors and members of both houses shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.

Old Articles 41 through 50, inclusive. Renumbered as 45 through 54. No change.

Old Article 51. Renumbered 55. Each house shall judge disputes related to qualifications 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.

Old Articles 52 through 55, inclusive. Renumbered 56 through 59. No change.

Old Article 56. Renumbered 60. Time limit of 40 days changed to 30 days.

Old Article 57. Renumbered as 61. No change.

Old Article 58. Renumbered 62. Each house may conduct investigations in relation to government, and may compel the presence and testimony of witnesses, and the production of records.

Old Articles 59 and 60. Renumbered as 63 and 64. No change.

Chapter 5

Old Articles 61 and 62. Renumbered as 65 and 66. No change.

Old Article 63. Renumbered 67. The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.

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 10 days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.

Old Article 64. Renumbered 68. The Prime Minister shall appoint the ministers of State. However, a majority of their number must be chosen from among the members of the Diet.

The Prime Minister may remove the ministers of State as he chooses.

Old Articles 65 through 71, inclusive. Renumbered 69 through 75.

Chapter 6

Old Articles 72, 73 and 74. Renumbered 76, 77 and 78.

Old Article 75. Renumbered 79. The Supreme Court shall consist of a Judge who is its head and such number of judges as may be determined by law; all such judges excepting the judge who is its head shall be appointed by the Cabinet.

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 with a lapse of 10 years, and in the same manner thereafter.

In cases mentioned in the foregoing paragraph, when the majority of the voters show they favor the dismissal of a judge concerned, he shall be dismissed.

Matters pertaining to the review mentioned in the foregoing paragraph shall be prescribed by law.

The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.

All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.

Old Articles 76, 77 and 78. Renumbered as 80, 81 and 82. No change.

Chapter 7

Old Articles 79 through 83 inclusive. Renumbered as 83 through 87. No change.

Old Article 84. Renumbered 88. All property of the imperial household shall belong to the State. All expenses of the imperial household shall be appropriated by the Diet in the budget.

Old Articles 85, 86 and 87. Renumbered 89, 90 and 91. No change.

Chapter 8

Old Articles 88 and 89. Renumbered 92 and 93. No change.

Old Article 90. Renumbered 94. Local public entities shall have the right to manage their property, affairs and administration, and to enact their own regulations within such laws as the Diet may enact.

Old Article 91. Renumbered 95. No change.

Chapter 9

Old Article 92. Renumbered as 96. No change.

Chapter 10

Old Article 93. Renumbered as 97. No change.

Old Article 94. Renumbered 98. This constitution 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 legal force or validity.

The treaties concluded by Japan and established laws of nations shall be faithfully observed.

Old Article 95. Renumbered 99. The Emperor or the Regent, as well as 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 11

Old Article 96. Renumbered as 100. No change.

Old Article 97. Deleted.

Old Articles 98, 99 and 100. Renumbered as 101, 102 and 103.

The following changes in the translated version of the new Constitution for Japan, in addition to those changes made by the House of Representatives on 21 August, were approved by the House of Peers on 6 October: It was then referred back to the House of Representatives which approved it without further change on 7 October.

Preamble

There were a few minor changes in the Japanese text of the Preamble but they were stylistic changes only which did not alter the English translation.

1. A new provision was inserted after the second paragraph of Article 15: “Universal adult suffrage is guaranteed with regard to the election of public officials.”

2. The following clause was included (after paragraph 2 of Article 59): “The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, as provided by law.”

3. A new provision was inserted after the first paragraph of Article 66: “The Prime Minister and other Ministers of State shall be civilians.”

46. For texts of the Japanese Government drafts of the constitution, see Political Reorientation of Japan, p. 625.