(4) Measures taken at such session as mentioned in the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten days after the opening of the next session of the Diet.

 

Article 55 [Scrutiny]

(1) Each House shall judge disputes related to qualifications of its members.

(2) 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 56 [Quorum]

(1) Business cannot be transacted in either House unless one-third or more of 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 and in case of a tie, the presiding officer shall decide the issue.

 

Article 57 [Publicity]

(1) Deliberation in each House shall be public.

(2) However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.

(3) Each House shall keep a record of proceedings.

(4) This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.

(5) Upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes.

 

Article 58 [Presidents, Rules of Procedure]

(1) Each House shall select its own president and other officials.

(2) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and 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 59 [Legislative Proceedings]

(1) A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution.

(2) A bill which is passed by the House of Representatives, and upon which the House of Councilors makes a decision different from that of the House of Representatives, becomes a law when passed a second time by the House of Representatives by the majority of two-thirds or more of the members present.

(3) 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, provided for by law.

(4) Failure by the House of Councilors to take final action within sixty 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 of the said bill by the House of Councilors.

 

Article 60 [Budget]

(1) The budget must first be submitted to the House of Representatives.

(2) Upon consideration of the budget, when the House of Councilors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councilors to take final action within thirty 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 shall be the decision of the Diet.

 

Article 61 [Approving Treaties]

Article 60 (2) applies also to the Diet approval required for the conclusion of treaties.

 

Article 62 [Investigations]

Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses and the production of records.

 

Article 63 [Ministerial Presence]

(1) The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not.

(2) They must appear when their presence is required in order to give answers or explanations.

 

Article 64 [Impeachment Court]

(1) The Diet shall set up an impeachment court from among 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 65 [Executive Power]

Executive power is vested in the Cabinet.

 

Article 66 [Membership, Responsibility]

(1) The Cabinet consists of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.

(2) The Prime Minister and other Ministers of State must be civilians.

(3) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.

 

Article 67 [Election of Prime Minister]

(1) The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet.

(2) This designation shall precede all other business.

(3) If the House of Representatives and the House of Councilors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councilors fails to make designation within ten 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.

 

Article 68 [Appointment of Ministers]

(1) The Prime Minister shall appoint the Ministers of State.

(2) However, a majority of their number must be chosen from among the members of the Diet.

(3) The Prime Minister may remove the Ministers of State as he chooses.

 

Article 69 [Impeachment of Government]

If the House of Representatives passes a resolution of no conficence, or rejects a confidence resolution, the Cabinet shall resign altogether, unless the House of Representatives is dissolved within ten days.

 

Article 70 [Vacancy Resignation]

When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign altogether.

 

Article 71 [Continuing Office]

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 72

The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.

 

Article 73 [Function of Cabinet]

The Cabinet, in addition to other general administrative functions, shall perform the following functions:

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. Administer the civil service, in accordance with standards established by law.

5. Prepare the budget, and present it to the Diet.

6. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.

7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

 

Article 74 [Countersignature]

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

 

Article 75 [Preliminary Immunity]

(1) The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister.

(2) However, the right to take that action is not impaired hereby.

 

 

 

 

Chapter VI

Judiciary

Article 76 [Judicial Power]

(1) 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 are independent in the exercise of their conscience and bound only by this Constitution and the laws.

 

Article 77 [Judicial Procedure]

(1) 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 78 [Public Impeachment]

(1)   Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties.

(2)   No dijsciplinary action against judges shall be administered by any executive organ or agency.

 

Article 79 [Supreme Court]

(1)   The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet.

(2)   The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten years, and in the same manner thereafter.

(3)   In cases mentioned in the preceding paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.

(4)   Matters pertaining to review shall be prescribed by law.

(5)   The judges of the Supreme Court shall be retired upon the attainment of the ages as fixed by law.

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

 

Article 80 [Term of Judges]

(1)   The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court.

(2)   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.

(3)   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 81 [Jurisdiction of Supreme Court]

The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act.

 

Article 82 [Public Trials]

(1)   Trials shall be conducted and judgment declared publicly.

(2)   Where 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, or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.

 

 

 

 

Chapter VII

Finance

Article 83 [National Finances]

The power to administer national finances shall be exercised as the Diet shall determine.

 

Article 84 [Tax Laws]

No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.

 

Article 85 [Budget Authorization]

No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

 

Article 86 [Yearly Budget]

The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.

 

Article 87 [Reserve Fund]

(1)   In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.

(2)   The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.

 

Article 88 [Imperial Household]

(1) All property of the Imperial Household shall belong to the State.

(2) All expenses of the Imperial Household shall be appropriated by the Diet in the budget.

 

Article 89 [Secular Budget]

No public money or other property shall be expended or appropriated for the use, benefit, or maintenance of any religious institution or association, or for any charitable, educational, or benevolent enterprises not under the control of public authority.

 

Article 90 [Board of Audit]

(1)   Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered.

(2)   The organization and competency of the Board of Audit shall be determined by law.

 

Article 91 [Cabinet Report]

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 92 [Local Autonomy]

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

 

Article 93 [Local Assemblies]

(1)   The local public entities shall establish assemblies as their deliberative organs, in accordance with the law.

(2)   The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.

 

Article 94 [Budget Autonomy]

Local public entities shall have the right to manage their property, affairs, and administration and to enact their own regulations within law.

 

Article 95 [Veto for Local Laws]

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 of the local public entity concerned, obtained in accordance with law.

 

 

 

Chapter IX

Amendments

 

Article 96 [Qualified Majority, Referendum]

(1)   Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more 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 of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.

(2)   Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

 

 

Chapter X

Supreme Law

 

Article 97 [Inviolable Human Rights]

The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolable.

 

Article 98 [Unconstitutional Law]

(1)   This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.

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

 

Article 99 [Binding for all Powers]

The Emperor or the Regent as well as Ministers of States, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.

 

 

 

 

Chapter XI

Supplementary Provisions

 

Article 100 [Enforcement]

(1)   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 Councilors 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 paragraph.

 

Article 101 [Preliminary Diet]

If the House of Councilors is not constituted before the effective date of this Constitution, the House of Representatives shall function as the Diet until such time as the House of Councilors shall be constituted.

 

Article 102 [Half Term]

(1)   The term of office for half the members of the House of Councilors serving in the first term under this Constitution shall be three years.

(2)   Members falling under this category shall be determined in accordance with law.

 

Article 103 [Election of Successors]

(1)   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 account of the enforcement of this Constitution unless otherwise specified by law.

(2)   When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course.

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