The Constitution of Japan [1946-7] | Page 7

among the members of both Houses for
the purpose of trying judges against whom removal proceedings have
been instituted.
(2) Matters relating to impeachment shall be provided 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 Minister 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
disagrees 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 with 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: (i) Administer the law
faithfully; conduct affairs of state; (ii) Manage foreign affairs; (iii)
Conclude treaties. However, it shall obtain prior or, depending on
circumstances, subsequent approval of the Diet; (iv) Administer the
civil service, in accordance with standards established by law; (v)
Prepare the budget, and present it to the Diet; (vi) 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. (vii) 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.

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