Gist of the Revision of the Constitution

Outline of the Matsumoto Draft
submitted to SCAP


1. Article 3 which now reads: "The Emperor is sacred and inviolable" shall be changed to : "The Emperor is supreme and inviolable".
2. A provision shall be made to preclude the dissolution of the House of Representatives provided for in Article 7 being ordered repeatedly for one and the same cause.
3. It shall be provided that the urgent Imperial Ordinances mentioned in Article 8 must, before being issued, be referred to the Permanent Committee of the Imperial Diet in accordance with the provisions of the Diet Law.
4. The part of Article 9 which now reads: "ordinances necessary................ for the maintenance of public peace and order, and for the promotion of the welfare of the subjects" shall be changed to : "ordinances necessary for the attainment of the objects of administration". (Cf. No. 10 of Outline).
5. The part of Article 11 which now reads: "the Army and Navy" shall be changed to : "the armed forces"; and Article 12 shall be revised so as to provide that the organization and peace standing of the armed forces shall be determined by law. (Cf. No. 20 of Outline).
6. The provisions of Article 13 shall be revised so as to provide that the Imperial prerogative of making war and peace, and of concluding treaties concerning matters which must be determined by law or treaties which imposes a grave duty upon the state requires the consent of the Imperial Diet; but that where, by reason of circumstances internal or external, there exists a necessity of such urgent nature that it is impossible to await the convocation of the Imperial Diet, it shall be sufficient to refer such matters to the Permanent Committee of the Imperial Diet. In such case a report shall duly be made to the Imperial Diet at its next session and its approval obtained thereto.
7. Article 15 which now reads: "The Emperor confers titles of nobility, rank, orders and other marks of honor" shall be changed to: "The Emperor confers marks of honor".

8. The phrase "amenable to service in the Army or Navy" in Article 20 shall be changed to "amenable to service in the public interest".
9. Article 28 shall be revised so as to provide that Japanese subjects shall, within limits not prejudicial to peace and order, enjoy freedom of religious belief.
10. A provision shall be made to the effect that in addition to the cases mentioned in the present Chapter, no restrictions of whatever nature may be imposed upon the freedom and rights of Japanese subjects except by law.
11. The provisions of Article 31 concerning the emergency authority of the Emperor shall be deleted.
12. Article 32 containing provisions concerning military and naval personnel shall be deleted.

13. In Article 33 et seq., the term "the House of Peers" shall be changed to "the House of Senators".
14. Article 34 shall be revised so as to provide that the House of Senators shall be composed of members who have been elected thereto and of those who have been appointed thereto by the Emperor, in accordance with the Law concerning the House of Senators.
15. A provision shall be made to the effect that a draft law which has been passed by the House of Representatives three times in succession by at least a two-thirds majority of all its members, upon being submitted to the House of Senators, be deemed to have obtained the consent of the Imperial Diet irrespective of whether or not it is voted upon by the House of Senators.
16. The period of "three months" provided for in Article 42 as the duration of a session of the Imperial Diet shall be changed to "a period of not less than three months to be determined by the Law concerning the Imperial Diet".
17. The period "within five months" provided for in Article 45 as the period within which the House of Representatives is required to be convoked subsequent to its dissolution shall be changed to "within three months".
18. The proviso of Article 48 shall be revised so as to provide that the deliberations of either House may be held in secret session only in pursuance of a resolution of the House concerned.
19. A provision shall be made to the effect that a member of either House who has been arrested prior to the opening of the Imperial Diet session shall be released during such session if his release is demanded by the House to which he belongs.

20. The first paragraph of Article 55 shall be revised so as to provide that the respective Ministers of State shall act in an advisory capacity to the Emperor and be responsible to the Imperial Diet, even as regards the supreme command of the armed forces.
21. A provision shall be made to the effect that when the House of Representatives has passed a vote of non-confidence against any Minister of State, such Minister may not remain in office except in cases where the House has been dissolved. (Cf. No. 2 of the Outline).
22. A provision shall be made to the effect that the Cabinet shall be made up of all the Ministers of State, and that the organization of the Cabinet shall be determined by law.
23. A provision shall be made to the effect that the organization of the Privy Council shall be determined by law.

24. Article 81 shall be revised so as to provide that litigations involving administrative matters shall come within the jurisdiction of Courts of Law (i.e. rather than of Courts of Administrative Litigation) in accordance with other laws governing such matters.

25. A provision shall be made to the effect that the House of Senators may not effect an amendment which increases the amount of a budget already passed by the House of Representatives.
26. Article 66 shall be revised so as to provide that of the expenditures of the Imperial Household, the expenditures of the Imperial Court, and those only, shall be defrayed each year from the national treasury without the necessity of obtaining the consent of the Imperial Diet, except in cases where such expenditures are to be increased.
27. Article 67 shall be revised so as to provide that the Imperial Diet may, even without the concurrence of the Government, reject or reduce those expenditures already fixed which are based by the Constitution upon the powers appertaining to the Emperor.
28. A provision shall be made to the effect that in cases where a reserve fund is to be applied to defray any necessary expenditures not included in the budget, as well as where payments are to be made otherwise than out of a reserve fund to cover unavoidable deficiencies in the budget or to meet necessary expenditures not included in the budget, such cases shall be referred to the Permanent Committee of the Imperial Diet.
29. It shall be provided that the emergency financial measures provided for in Article 70 must be referred to the Permanent Committee of the Imperial Diet.
30. Article 71 shall be revised so as to provide that in cases where the budget has not been passed, the Government shall prepare a tentative budget in accordance with the provisions of the Finance Law and shall carry out such tentative budget pending the passage of the (regular) budget. If in such cases the Diet is not in session, the Government shall forthwith convoke the Diet and submit thereto for approval the tentative budget, together with the budget for that year.

31. A provision shall be made to the effect that a member of either House may, with the concurrence of not less than one-half of all the members of the House to which he belongs, introduce a motion for revision of the Constitution.
32. A provision shall be made to the effect that the Emperor sanctions any constitutional revision passed by the Imperial Diet and order its promulgation and enforcement.
33. Article 75 governing restrictions on the modification of the Constitution and of the Imperial House Law shall be deleted.
34. Provisions necessary for the enforcement of all the revised provisions of the Constitution above-mentioned shall be made.