Part 4 Deliberations in the Imperial Diet
Presentation to the Privy Council
On April 17, 1946, the "Draft for a Revised Constitution" was
brought before the Privy Council. But the Shidehara Cabinet was disbanded on April
22, and following precedent, the proposal was temporarily withdrawn by reason
of the formation of the cabinet led by Yoshida on May 22. After some changes were
made based on the results of deliberations that had been ongoing until May 27,
the proposal was again brought before the Privy Council. The "Draft for a
Revised Constitution" was overwhelmingly approved by a plenary session of
the Privy Council with the sole exception of Tatsukichi
Minobe.
General Election and Deliberations in the House of Representatives
Minister of State Kanamori explains the "Bill for Revision of the Imperial Constitution" (July 1, 1946) From "Yoshida Naikaku"
With the granting of women's suffrage based on the newly revised election
law, a general election was held for the House of Representatives on April 10,
1946, and the 90th Imperial Diet was convened on May 16. On the day before the
Diet was opened, Tokujiro Kanamori was appointed
Minister of State in charge of the Constitution.
On June 20, an Imperial Rescript was issued according to Article
73 of the Meiji Constitution, and the "Bill for Revision of the Imperial
Constitution" was submitted to the Diet. It was then brought before a plenary
session of the House of Representatives, and on June 28 it was referred to the
Committee on the Bill for Revision of the Imperial Constitution, which was chaired
by Hitoshi Ashida.
The Committee started deliberations on July 1, and a subcommittee was formed
on July 23 to draft revisions. The subcommittee held discussions behind closed
doors from July 25 to August 20. On August 20, the subcommittee created a revised
bill to which all the member parties gave consent. This proposal included such
clauses as the "Ashida amendment" at the beginning of the second paragraph
of Article 9 which states "In order to accomplish the aim of the preceding
paragraph." The Committee was informed of the cooperatively revised bill
on the following day, August 21, and it was approved as revised.
On August 24, in a plenary session the House of Representatives voted 421
to 8 in a tremendous endorsement of the bill, and it was sent to the House of
Peers that very day.
Deliberation in the House of Peers and Promulgation of the Constitution
The "Bill for Revision of the Imperial Constitution" was brought
before the House of Peers on August 26, and on August 30 it was referred to the
Special Committee on the Bill for Revision of the Imperial Constitution chaired
by Yoshishige Abe. The Special Committee
entered deliberations on September 2, and on September 28 decided to create a
subcommittee for the purpose of making revisions.
The subcommittee made revisions to four items, including the addition of what is known as the "Civilians' Clause" based on requests from GHQ.
On October 3, the Special Committee was informed of the proposed revisions, and
the bill was approved as revised by the subcommittee.
The House of Peers stood and voted overwhelmingly on October 6 to approve
the "Bill for Revision of the Imperial Constitution" as revised. The
bill was returned that day to the House of Representatives, and on October 7,
a plenary session of the House of Representatives voted decisively to approve,
with only 5 votes against.
Following that, on October 12, the "Bill for Revision of the Imperial
Constitution" was again presented to the Privy Council, which on October
29 voted to approve unanimously except for two members who were absent. The "Bill
for Revision of the Imperial Constitution" upon receiving the Emperor's sanction
was promulgated on November 3, 1946 as the Constitution of Japan.
Involvement of the FEC in Constitutional Reform
With the start of deliberations on the "Bill for Revision of the Imperial Constitution" in the House of Representatives, MacArthur declared on June 21, 1946, that it was imperative (a) "that adequate time and opportunity should be allowed for full discussion and consideration of the terms of such a charter," (b) "that the procedure followed assures complete legal continuity with the constitution of 1889," and (c) "that the manner of adoption of such a charter demonstrates that it affirmatively expresses the free will of the Japanese people." These three principles of the deliberations of the constitutional reforms in the Imperial Diet were the same as the "Criteria for the Adoption of a New Japanese Constitution" laid out by the FEC on May 13, 1946. This was an indication that MacArthur had, to a certain degree, accepted the demands of the FEC.
The FEC, on July 2, 1946 just after the committee had begun deliberations in the House of Representatives, decided the "Basic Principles for a New Japanese Constitution" as a standard for the new constitution. These principles were based on the "Reform of the Japanese Governmental System" (SWNCC 228) which had been previously prepared by the US government. Following this, GHQ had the Japanese government revise the draft along the lines of the FEC's views, resulting in stipulations such as sovereignty of the people, universal suffrage, and the civilians' clause.
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