- 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:
- 1)
- 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:
- 1)
- When the House of Representatives is dissolved,
there must be a general election of members
of the House of Representatives within 40
days from the date of dissolution, and the
Diet must be convoked within 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 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:
- 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 for in the Constitution,
and in case of a tie, the presiding officer
shall decide the issue.
- Article 57:
- 1)
- 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:
- 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.
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:
- 1)
- 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 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:
- 1)
- 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 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 the 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:
- 1)
- 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.