|based on the English Edition by Government Printing Bureau
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)
- 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 Communications
- HITOTSUMATSU Sadayoshi
- Minister of Commerce and Industry
- HOSHIJIMA Niro
- 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
The Constitution of Japan
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.
* 前文 日本語相当部分
[Renunciation of War and Denial of Forces and the Right of Belligerency]
- 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
- 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 Cabinet shall be required for all acts 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 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.
(2) The Emperor shall appoint the Chief Judge of 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
- Convocation of the Diet.
- Dissolution of the House of Representatives.
- Proclamation of general election of members of the Diet.
- 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 property can be given to, or received by, the Imperial House, nor can
any gifts be made therefrom, without the authorization of the Diet.
- Article 41.The Diet shall be the highest organ of 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
(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 provided 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 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 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
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 in recess 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
- 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 purpose of trying those judges against whom removal proceedings
have been instituted.
(2) Matters relating to impeachment shall be provided by law.
- 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, in the exercise of executive power, shall 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, in addition to other general administrative functions, shall
perform the following functions:
- Administer the law faithfully; conduct affairs of state.
- Manage foreign affairs.
- Conclude treaties. However, it shall obtain prior or, depending on circumstances,
subsequent approval of the Diet.
- Administer the civil service, in accordance with standards established
- Prepare the budget, and present it to the Diet.
- 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.
- 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, during their tenure of office, shall not be subject
to legal action without the consent of the Prime Minister. However, the
right to take that action is not impaired hereby.
- 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
(2) Public procurators shall be subject to the rule-making power of the
(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.
(3) In cases mentioned in the foregoing 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 age 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.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
(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 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.
- Article 83.The power to administer national finances shall be exercised as the Diet
- 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.
(2) 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 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
- Article 91.At regular intervals and at least annually the Cabinet shall report to
the Diet and the people on the state of national finances.
- 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.
- 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.
- 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.
- 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