PREFACE
We, the Japanese people, acting through our duly 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 that sovereign power resides with the people and do
firmly establish this Constitution.
Government is a sacred trust of the people, 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. This is a universal principle of mankind upon
which this Constitution is founded. We reject and revoke all constitutions, laws
ordinances, and rescripts in conflict herewith. We, the Japanese people, desire peace for
all time and are deeply conscious of the high ideals controlling human relationship and we
have determined to preserve our security and existence, trusting in the justice and faith
of the peace-loving peoples of the world. We desire to occupy an honored place in an
international society striving for the preservation of peace, and the banishment of
tyranny and slavery, oppression and intolerance for all time from the earth. We recognize
that all peoples of the world have the right to live in peace, free from fear and want. We
believe that no nation is responsible to itself alone, but that laws of political morality
are universal; and that obedience to such laws is incumbent upon all nations who would
sustain their own sovereignty and justify their sovereign relationship with other nations.
We, the Japanese people, pledge our national honor to accomplish these high ideals and
purposes with all our resources.
CHAPTER I: THE EMPEROR
Article 1: The Emperor shall be the symbol of the State and the unity of the people,
deriving his position from the will of the people with whom resides sovereign power.
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 Emperor in matters of state, and the Cabinet
shall be responsible therefor.
Article 4: The Emperor shall perform only such acts in matters of state as are provided
for in this Constitution and he shall not have powers related to government. 2) The
Emperor may delegate the performance of his acts in matters of state as may be provided
for 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 one of the preceding Article will be applicable.
Article 6: The Emperor shall appoint the Prime Minister as designated by the Diet.
Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.
Article 7: The Emperor shall, with the advice and approval of the Cabinet, perform the
following acts in matters 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 election of members of the Diet.
(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 for 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, nor can any
gifts be made therefrom, without the authorization of the Diet.
CHAPTER II: RENUNCIATION OF WAR
Article 9: Aspiring sincerely to an international peace based on justice and order, the
Japanese people forever renounce war as a sovereign right of the nation and the threat or
use of force as means of settling international disputes. 2) In order to accomplish the
aim of the preceding paragraph, 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 III: RIGHTS AND DUTIES OF THE PEOPLE
Article 10: The conditions necessary for being a Japanese national shall be determined
by law.
Article 11: The people shall not be prevented from enjoying any of the fundamental
human 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 12: The freedoms and rights guaranteed to the people by this Constitution shall
be maintained by the constant endeavor of the people, who shall refrain from any abuse of
these freedoms and rights and shall always be responsible for utilizing them for the
public welfare.
Article 13: All of the people shall be respected as individuals. Their right to life,
liberty, and the pursuit of happiness shall, to the extent that it does not interfere with
the public welfare, be the supreme consideration in legislation and in other governmental
affairs.
Article 14: 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. 2) Peers and peerage shall not be recognized. 3) 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 15: 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 group thereof. 3) Universal adult suffrage is guaranteed with regard to the election
of public officials. 4) In all elections, secrecy of the ballot shall not be violated. A
voter shall not be answerable, publicly or privately, for the choice he has made.
Article 16: Every person shall have the right of peaceful petition for the redress of
damage, for the removal of public officials, for the enactment, repeal or amendment of
laws, ordinances or regulations and for other matters; nor shall any person be in any way
discriminated against for sponsoring such a petition.
Article 17: Every person may 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.
Article 18: No person shall be held in bondage of any kind. Involuntary servitude,
except as punishment for crime, is prohibited.
Article 19: Freedom of thought and conscience shall not be violated.
Article 20: Freedom of religion is guaranteed to all. No religious organization shall
receive any privileges from the State, nor exercise any political authority. 2) No person
shall be compelled to take part in any religious acts, celebration, rite or practice. 3)
The State and its organs shall refrain from religious education or any other religious
activity.
Article 21: Freedom of assembly and association as well as speech, press and all other
forms of expression are guaranteed. 2) No censorship shall be maintained, nor shall the
secrecy of any means of communication be violated.
Article 22: Every person shall have freedom to choose and change his residence and to
choose 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 23: Academic freedom is guaranteed.
Article 24: 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. 2) With regard to choice of spouse, property rights, inheritance, choice of
domicile, divorce and other matters pertaining to marriage and the family, laws shall be
enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 25: All people shall have the right to maintain the minimum standards of
wholesome and cultured living. 2) 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 26: All people shall have the right to receive an equal education correspondent
to their ability, as provided for by law. 2) All people shall be obligated to have all
boys and girls under their protection receive ordinary education as provided for by law.
Such compulsory education shall be free.
Article 27: All people shall have the right and the obligation to work. 2) Standards
for wages, hours, rest and other working conditions shall be fixed by law. 3) Children
shall not be exploited.
Article 28: The right of workers to organize and to bargain and act collectively is
guaranteed.
Article 29: The right to own or to hold property is inviolable. 2) Property rights
shall be defined by law, in conformity with the public welfare. 3) Private property may be
taken for public use upon just compensation therefor.
Article 30: The people shall be liable to taxation as provided for by law.
Article 31: 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 32:
No person shall be denied the right of access to the courts.
Article 33: 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, the offense being committed.
Article 34: No person shall be arrested or detained without being at once informed of
the charges against him or without the immediate privilege of counsel; nor shall he 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 35: The right of all persons to be secure in their homes, papers and effects
against entries, searches and seizures shall not be impaired except upon warrant issued
for adequate cause and particularly describing the place to be searched and things to be
seized, or except as provided by Article 33. 2) Each search or seizure shall be made upon
separate warrant issued by a competent judicial officer.
Article 36: The infliction of torture by any public officer and cruel punishments are
absolutely forbidden.
Article 37: In all criminal cases the accused shall enjoy the right to a speedy and
public trial by an impartial tribunal. 2) 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. 3) At all times the accused shall have the
assistance of competent counsel who shall, if the accused is unable to secure the same by
his own efforts, be assigned to his use by the State.
Article 38: No person shall be compelled to testify against himself. 2) Confession made
under compulsion, torture or threat, or after prolonged arrest or detention shall not be
admitted in evidence. 3) No person shall be convicted or punished in cases where the only
proof against him is his own confession.
Article 39: No person shall be held criminally liable for an act which was lawful at
the time it was committed, or of which he had been acquitted, nor shall he be placed in
double jeopardy.
Article 40: Any person may, in case he is acquitted after he has been arrested or
detained, sue the State for redress as provided for by law.
CHAPTER IV: THE DIET
Article 41: The Diet shall be the highest organ of the state power, and shall be the
sole law-making organ of the State.
Article 42: The Diet shall consist of two Houses, namely the House of Representatives
and the House of Councillors.
Article 43: 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 44: The qualifications of members of both Houses and their electors shall be
fixed by law. However, there shall be no discrimination because of race, creed, sex,
social status, family origin, education, property or income.
Article 45: The term of office of members of the House of Representatives shall be four
years. However, the term shall be terminated before the full term is up in case the House
of Representatives is dissolved.
Article 46: The term of office of members of the House of Councillors shall be six
years, and election for half the members shall take place every three years.
Article 47: Electoral districts, method of voting and other matters pertaining to the
method of election of members of both Houses 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 law.
Article 50: Except in cases as provided for by law, members of both Houses shall be
exempt from apprehension while the Diet is in session, and any members apprehended before
the opening of the session shall be freed during the term of the session upon demand of
the 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: An ordinary session of the
Diet shall be convoked once per year. Article 53: The Cabinet may determine to convoke
extraordinary sessions of the Diet. When a quarter or more of the total members of either
House makes the demand, the Cabinet must determine on such convocation.
Article 54: When the House of Representatives is 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. 2) When the House of Representatives is dissolved, the House of Councillors is
closed at the same time. However, the Cabinet may, in time of national emergency, convoke
the House of Councillors in emergency session. 3) Measures taken at such session as
mentioned in the proviso of 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(10)
days after the opening of the next session of the Diet.
Article 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.
Article 56: 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 for in the Constitution, and in case of a
tie, the presiding officer shall decide the issue.
Article 57: 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 recorded in the minutes.
Article 58: 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. 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: A bill becomes a law on passage by both Houses, except as otherwise
provided for by the Constitution. 2) A bill, which is passed by the House of
Representatives, and upon which the House of Councillors 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 a 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 Councillors to take final action within sixty(60) days after
receipt of a bill passed by the House of Representatives, time inrecess excepted, may be
determined by the House of Representatives to constitute a rejection of the said bill by
the House of Councillors.
Article 60: The budget must first be submitted to the House of Representatives. 2) Upon
consideration of the budget, when the House of Councillors 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 Councillors to take final action within thirty(30) 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: The second paragraph of the preceding Article applies also to the Diet
approval required for the conclusion of treaties.
Article 62: 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: 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. They must appear when their presence is required in order to give
answers or explanations.Article 64: The Diet shall set up an impeachment court from among
the members of both Houses for the purposes of trying those judges against whom removal
proceedings have been instituted. 2) Matters relating to impeachment shall be provided for
by law.
CHAPTER V: THE CABINET
Article 65: Executive power shall be vested in the Cabinet.
Article 66: 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 Prime Minister and other
Ministers of State must be civilians. 3) The Cabinet shall, in the exercise of executive
power, be collectively responsible to the Diet.
Article 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. 2) If the
House of Representatives and the House of Councillors disagree and if no agreement can be
reached even through a joint committee of both Houses, provided for by law, or the House
of Councillors fails to make designation within ten(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.
Article 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. 2) The Prime
Minister may remove the Ministers of State as he chooses.
Article 69: If the House of Representatives passes a non-confidence resolution, or
rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of
Representatives is dissolved within ten(10) days.
Article 70: 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 en masse.
Article 71: 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: The Cabinet shall, in addition to other general administrative functions,
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 sudsequent 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 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: All laws and cabinet orders
shall be signed by the competent Minister of State and countersigned by the Prime
Minister.
Article 75: The Ministers of State shall not, during their tenure of office, be subject
to legal action without the consent of the Prime Minister. However, the right to take that
action is not impaired hereby.
CHAPTER VI: JUDICIARY
Article 76: 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.
Article 77: 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: Judges shall not be removed except by public impeachment unless judicially
declared mentally or physically incompetent to perform official duties. No disciplinary
action against judges shall be administered by any executive organ or agency.
Article 79: 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 (10) years, and in the same
manner thereafter.
Article 80: 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(10) 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 81: 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: Trials shall be conducted and judgement 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: The power to administer national finances shall be exercised as the Diet
shall determine.
Article 84: No new taxes shall be imposed or existing ones modified except by law or
under such conditions as law may prescribe.
Article 85: No money shall be expended, nor shall the State obligate itself, except as
authorized by the Diet.Article 86: The Cabinet shall prepare and submit to the Diet for
its consideration and decision a budget for each fiscal year.
Article 87: 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
must get subsequent approval of the Diet for all payments from the reserve fund.
Article 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.
Article 89: 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: Final accounts of the expenditures and revenues of the State shall be
audited annually by a Board of Audit and submitted by 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: At regular intervals and at least annually the Diet and the people on the
state of national finances.
CHAPTER VIII: LOCAL SELF-GOVERNMENT
Article 92: Regulations concerning organization and operations of local public entities
shall be fixed by law in accordance with the principle of local autonomy.
Article 93: 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 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: Local public entities shall have the right to manage their property,
affairs and administration and to enact their own regulations within law.
Article 95: 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: 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: 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 inviolate.
Article 98: 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: The Emperor or the Regent as well as Ministers of State, 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: 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 paragraph.
Article 101: If the House of Councillors 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 Councillors shall be constituted.
Article 102: 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 103: 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. When, however, successors are
elected or appointed under the provisions of this Constitution, they shall forfeit their
positions as a matter of course.
THE PROMULGATION OF THE CONSTITUTION OF JAPAN (November 3, 1946)
I rejoice that the foundation for the construction of a new Japan has been laid
according to the will of the Japanese people, and hereby sanction and promulgate the
amendments of the Imperial Japanese Constitution effected following the consultation with
the Privy Council and the decision of the Imperial Diet made in accordance with Article 73
of the said Constitution.
Signed: HIROHITO, Seal of the Emperor,
This third day of the eleventh month of the twenty-first year of Showa (November 3,
1946).
Countersigned:
Prime Minister and concurrently Minister for Foreign Affairs YOSHIDA Shigeru,
Minister of State Baron SHIDEHARA Kijuro,
Minister of Justice KIMURA Tokutaro,
Minister for Home Affairs OMURA Seiichi,
Minister of Education TANAKA Kotaro,
Minister of Agriculture and Forestry WADA Hiroo,
Minister of State SAITO Takao,
Minister of Communication HITOTSUMATSU Sadayoshi,
Minister of Commerce and Industry HOSHIJIMA Jiro,
Minister of Welfare KAWAI Yoshinari,
Minister of State UEHARA Etsujiro,
Minister of Transportation HIRATSUKA Tsunejiro,
Minister of Finance ISHIBASHI Tanzan,
Minister of State KANAMORI Tokujiro,
Minister of State ZEN Keinosuke.