436 World Constitutions—Japan

from the subordinate courts. Below the High nor shall any organ or agency of the executive
Courts there were fifty District Courts, at least be given final judicial power. All judges shall
one being located in each Prefecture. It had be independent in the exercise of their
jurisdiction in both civil and criminal cases. At conscience and shall be bound only by this
the lowest level there were a little under three Constitution and the laws.”
hundred local courts in which minor cases The following are the main features of the
were tried. new judicial system:
In addition to these ordinary courts, there (1) The Constitution has made the judiciary
was the Court of Administrative Litigation independent. Now the courts are not
which had authority in such matters as tax under the control of the Ministry of
cases, disputes over the granting of licences, Law, hence, they are free from the
cases concerning public works, disputes over control of the executive. Their salaries
boundaries between public and private lands and allowances cannot be reduced
and cases arising out of the police during their tenure. They can be
administration. Kahin writes, “The removed by an impeachment only, or in
Administrative Court was established on the case they have been declared physically
theory that administrators would be inferior or mentally incapacitated. The Supreme
to the judiciary if ordinary courts were Court now directs the judicial system. It
permitted to rule on the legality of looks to the task of recruitment, training
administrative acts.” and work of the judges and prepares
the budget of Department of Justice.
The Post-War Judicial System
(2) The appointment of the judges of the
Under the 1947 Constitution, far-reaching Supreme Court is reviewed by the
changes have taken place in the structure of people at the first general election of the
courts and judicial procedure. The continental members of the House of
system previously predominant in Japan has Representatives following their
been replaced by the Anglo-Saxon system. appointment and every ten years
The new Constitution also affected a thereafter. If the majority of the voters
change in the field of law. For the first time disapprove the appointment, the judge
“Common law” principles have been accepted. is dismissed. However, no judge of the
The understandable and simple language has Supreme Court has so for been voted
been used. The courts have been made out of office. The judges of the inferior
independent of both the executive and courts are appointed by the Cabinet
legislature. All the courts have been placed from a list of persons nominated by the
under the control of Supreme Court. The Supreme Court for a period of ten years
Administrative Courts have been abolished. subject to re-appointment, who are
All the legal disputes are now referred to the invariably re-appointed. Thus, under the
common law courts. The courts have been Constitution of Japan (Article 79), the
now empowered to declare a_ law appointment of judges is subject to
unconstitutional. This has made the judiciary review.
not only independent but has also enhanced (3) The work of investigation is now under
its prestige. In this connection we may quote the control of the Ministry of Law. Thus
Article 76 which reads: “The whole judicial there is separation of judicial
power is vested in a Supreme Court and in administration from criminal
such inferior courts as are established by law. investigation. Both are independent of
No extraordinary tribunal shall be established, each other.
 The Judiciary 437

(4) The extraordinary courts have been or a public prosecutor or a judge unless
abolished. The executive cannot appoint he graduates from the Institute and has
any tribunal. The entire work of justice undergone a course of in-service
is under the control of the Supreme training. Unlike India, the study of law
Court. in Japan is not a residuary occupation
(5) Formerly, the administrative disputes for those who chanced into law school.
were referred to administrative tribunals (11) The small size of the legal profession is
which have now been abolished under another main characteristic of the
the new Constitution. The administrative Japanese legal system. Statistically, while
disputes are now tried by the ordinary there is an attorney for about eight
courts. In other words, there is Rule of hundred persons in the US, in Japan
Law in Japan. Unlike India, there are no there is a lawyer for about 8,000 persons.
Special Tribunals or administrative (12) The death penalty is constitutional in
courts. Japan, but generally verdicts in murder
(6) Formerly, the police officers and the cases have been reversed on retrial.
procurators could issue warrants of Japan does not have a jury system.
arrest and detention, but now such Kahin writes, “Undoubtedly the interest
warrants can be issued by the judges of the occupation reformers was to make the
only. judiciary the guardian of Constitution and of
(7) Formerly, the people were subjected to human rights by elevating its stand and by
make forced confessions, but it has now breathing into it a new philosophy.”?
been abolished. The accused can put
questions to the witnesses. He cannot Organisation of Judiciary
be forced to give evidence against The Constitution vests the whole judicial
himself. The courts cannot hold a person power in Supreme Court and in such inferior
guilty merely on the ground that he has courts as are established by law. No
confessed his crime. Trials are conducted administrative tribunal can now be established.
in the open. All the judges are independent and are bound
(8) The prestige of the Supreme Court has only by the Constitution and the law only.
been greatly enhanced. It can pronounce Article 78 makes provision for the
upon the constitutionality of any Act. It independence of the judiciary. It provides that
can declare a law unconstitutional in the judges shall not be removed except by
case it violates the Constitution. It is the public impeachment or unless judicially
Court of last resort. declared mentally or physically incompetent
(9) Another feature of the judicial system to perform official duties. No disciplinary
in Japan is the system of Courts of action against judges can be taken by any
Domestic Relations. These courts are half executive organ or agency.
arbitral and half judicial tribunals
The Supreme Court
composed of judges and laymen and
they decide cases involving domestic At the apex of the judicial structure is the
relations and juvenile delinquency. Supreme Court located at Tokyo. It consists of
a chief judge and fifteen other judges. Of these
(10) The establishment of a Legal Research
and Training Institute under the five are career judges; five are drawn from
jurisdiction of Supreme Court marks amongst practising attorneys and five from
another feature of the Japanese judicial other occupations such as law professors,
system. No one can become a lawyer, procurators or civil servants. No person below
 438 World Constitutions—Japan
the age of forty years can be appointed a prosecutors are subject to its rule-making
judge.
Appointment and Removal
The Chief Judge is appointed by the Emperor
on the advice of the Cabinet. The other judges
are appointed by the Cabinet and attested by
the Emperor. The first appointment of the
judges of the Supreme Court is reviewed by
the people at the first general election of the
House of Representatives following their
appointment and is again reviewed at the first
general election of the House of
Representatives after a lapse of ten years and
in the same manner thereafter. If the verdict is
unfavourable this would lead to the removal
of the judge. But no judge has been so far
removed by this method. The judges may also
be removed by impeachment as well. If it is
pronounced that a judge is physically and
mentally incompetent to perform the duties of
his office he is removed. No organ of the
executive can take any disciplinary action
against the judges. The approval of the
appointment of judges by the people ensures
a popular voice in their selection and this is a
gesture in the direction of popular sovereignty
and popular accountability of the judges.
The judges get adequate salaries. Their
salaries and allowances cannot be reduced
during their term. They retire at the age of
seventy years.
Jurisdiction of the Supreme Court
The Supreme Court has not been burdened
with work. It has been given only appellate
jurisdiction. It may entertain those appeals
wherein the question of the constitutionality
of any law, order, regulation or official act is
involved. In other words, it determines the
constitutionality or otherwise of an act, order
or regulation. It is the final court of appeal. Its
decisions are final. The decisions may be
majority or unanimous decisions. A judge may
write a dissenting judgement. It has also the
authority to make rules regarding its procedure
and the discipline of the Court. Public
power. It can delegate its rule making power
to the inferior courts. It nominates the
candidates for the inferior courts and sends
the list to the Cabinet which appoints the
judges of these courts from among this list.
The Lower Courts
High Courts
There are eight High Courts below the
Supreme Court. The High Courts have both
the original as well as the appellate jurisdiction.
The original jurisdiction is confined to crimes
to overthrow the Government. In all other
cases it has appellate jurisdiction and to a
large extent its decisions are final. The number
of judges of each High Court varies according
to the pressure of work in that region. The
High Court of Tokyo contains sixty-four judges
whereas the High Court of Sapporo consists
of seven judges. They are appointed for ten
years, but may be reappointed. They retire at
the age of sixty-five. They are nominated by
the Supreme Court. Judges must have at least
ten years’ experience in a judicial capacity, or
as a prosecutor, or as a lawyer.
District Courts
There are forty-nine District Courts one in
each Prefectures except for Hokkaido which
has four. They have original jurisdiction over
criminal cases of serious nature and civil suits
involving large sums. These Courts also have
appellate jurisdiction over cases appealed from
the summary courts. The judges are appointed
similarly as the High Court judges and they
must possess similar qualifications.
Summary Courts
At the bottom of the judicial structure are the
Summary Courts numbering five hundred and
seventy and located in major cities and villages.
Their jurisdiction extends to all ordinary
criminal cases subject to imprisonment for less
than a month and to civil cases involving an
amount of not more than 5000 yen.

Court of Domestic Relations
In addition to the above courts there are the
Courts of Domestic Relations—forty-nine in
number with two hundred and thirty-five
branches. These courts are like the Panchayats.
These courts are half-arbitral and half-judicial
composed of judges and laymen. They deal
with matters like inheritance, property
divisions, divorce, adoption, etc. The
these courts is to promote harmonious
relationship within the family and among
relatives.
The Procurators
The Procurators are those officials who are
charged with the investigation of crime and
file criminal cases before the courts. They may
in common language be called attorneys. They
are executive officers and work under the
control and supervision of the Ministry of
Justice. Their duties are purely administrative.
They are appointed by the Emperor on the
advice of the Cabinet. The Procurators work
in accordance with the rules framed by the
Supreme Court. Their main task is to file and
plead the case on behalf of the Government.
The Public Procurator is the head of the
procuratorial system.
An Evaluation of the Japanese
System
As described above, the new Constitution
completely transformed the judicial system in
Japan. It is influenced by the Anglo-Saxon
jurisprudence. The courts have been made
independent of the control of the executive.
The independence of the judges has been
ensured through various methods so that they
may deliver the judgement impartially. They
are highly conscious of maintaining high
standard of impartiality, efficiency and
morality. No judge has ever been impeached
or removed. Their appointment is
enthusiastically approved by the people. The
administrative tribunals have been abolished
and Rule of Law has been set up. The criminal
law and the Criminal Procedure Code have
The Judiciary 439
been amended to protect many of the rights of
the accused. A unified judicial system has
been established in the country. The Supreme
Court is at the apex of the judicial structure. It
is the highest and final court and its jurisdiction
is appellate alone. It makes rules for the inferior
courts and supervises their work. It directs the
work of judicial administration. It also looks
aim of to the recruitment and training of the judicial
officers.
The most important power given to the
Supreme Court is the power to pronounce
upon the constitutionality of the laws and
executive orders. Under the Meiji Constitution,
the court did not possess this authority. But
now the Supreme Court can declare a law
unconstitutional if it violates the Constitution.
By giving the power of judicial review, the
Supreme Court has been made the guardian
of the Constitution. The Supreme Court has
on many occasions defended its right to
pronounce upon the constitutionality of the
laws. It has kept itself independent of the
executive control and protected the rights of
people against executive arbitrariness.
But the critics hold that the Supreme Court
has consistently refused to declare legislative
and executive acts unconstitutional. JM Maki
holds that “The tribunal has handed down
Judicial many decisions dealing with issues of
constitutionality, but, with the exception of
has certain laws passed in order to implement
occupation orders or directives, it has never
held any law, order, regulation or official act
unconstitutional.”* Its view has been that to
declare the legislative acts unconstitutional
would be a violation of the principle of the
Separation of Powers, as well as the doctrine
of Legislative Supremacy. The proper remedy
for legislation not clearly Constitutional is a
political one—that is, the sovereign people
can pass judgement on the Diet and on the
Cabinet by means of the ballot.*
Though there are delays in the adjudication
of cases in Japan yet, generally speaking, none
which would compare to those witnessed in
 440 World Constitutions—Japan

the Indian courts. The reasons for such delays In the words of Robert E Ward, “The
are similar to India—spacing of hearings over Japanese are a rather remarkably nonlitigious
a period of time, lengthy legal procedures, people. They are traditionally suspicious of
right to adduce additional evidence at the the courts and of formal legal processes, and
appellate stage and liberal admission of have a pronounced preference for settling
appeals. disputes by informal methods of conciliation
The Japanese people were not initially very and mediation.”> Dr Yanaga writes: “No
much enthusiastic about their courts. The serious efforts have been made as yet to bring
traditional attitude of the people was to settle the courts closer to the people and to win their
their disputes out of court. They were confidence and support.’
indifferent to their courts. They looked upon However, the Japanese now increasingly
the courts as a “place frequented by wrong- seek access to law courts to assert individual
doers”, the procurator’s office as “the enemy and collective social rights. The Supreme Court
of the people”, and the lawyers as “friends has adjudicated on social and political issues
and defenders of evil man”. like noise pollution, obscene publications,
patricide and delimitation of constituencies.

References

1. Kahin, Q.M. Major Governments of Asia, p. 118. 4. Ibid, p. 107

2. Ibid, p. 200. 5. Ward, Robert E., Japan’s Political System, p. 102.
3. Maki, J.M. op. cit, p. 106. 6. Yanaga, Chitoshi, Japanese People and Politics, p.
363.
 /
Political Parties

“Political parties in Japan change their labels with the greatest of ease and without changing
their policies.”

—Chitoshi Yanaga

Historical Background Soon after the issuance of the Imperial

he party system in Japan, as in other Declaration, the Liberal Party and the
parliamentary democracies, is an extra- Progressive Party were formed to carry on the
constitutional growth. The 1946 movement for popular Government. In order
Constitution does nowhere mention the party to counteract the influence of both these parties,
system, though it provides the basis of Cabinet the Government backed the founding of the
Government enshrined in the Constitution. Imperial Party. In 1885, all the three parties
The origin of political parties may be traced were dissolved as a consequence of their
back to 1874 when early in January, Itagaki internal dissensions and Government’s
organised the Patriotic Public Party to carry repressive policy. Prince Ito, who had been
on a movement for the realisation of liberty sent abroad by the Emperor to study the
and attainment of popular rights. The various Constitutions in 1882, was made the
movement was suppressed and the Patriotic Prime Minister in 1885. He pushed ahead the
Public Party went out of existence after only programme of westernisation and was opposed
two months of its establishment. In 1878, the to political parties. The members of the
Party was however, revived. Although disbanded parties joined together and formed
Emperor Meiji abolished the feudal system a “Greater Coalition of Parties.” The
and had issued the Charter Bath in 1868, Government issued a Decree on December
containing five important principles of the 19,1897, authorising the expulsion of all those
new political system, providing for the engaged in anti-Government activities from
establishment of a legislative chamber, the an area within a radius of seven and a half
Senate, the reforms did not satisfy the liberals miles from the capital. Nearly about six
who pressed forward the demand for a hundred people were expelled. This led these
representative assembly. The Government tried people to spread their movement in the
to crush the agitation, but ultimately Emperor outlying areas. In 1889, the Meiji Constitution
Meiji declared on October 18, 1881, that the became operative. Prime Minister Kurado
national assembly would be established and declared his faith in the supra-party
Constitution would be granted in 1890. Government. He and his other colleagues
Inoue, Goto and Itagoki who had fought
442 World Constitutions—Japan

against the ruling oligarchy espousing the was not responsible to the Diet, the
cause of liberalism and popular rights lured Government became irresponsible. It was
with ministerial berths, gave up their fight charged of being partial to the interests of the
and joined the ranks of those in power. “Their business magnates. There were frequent
devotion,” as Chitoshi Yanaga points out, “to charges of bribery and corruption against the
the ideals of popular Government was not Government.
only weak but easily purchasable.”' That was In between the period 1900-1930, Japan
the nature of political parties in Japan till witnessed the growth of a large number of
1890. political parties. In the pre-war era there were
During the period 1890-1930, attempts as many as two hundred and sixty parties at
were made to strengthen the political parties. one time. They however, could not be
After the cessation of Sino-Japanese War, the characterised as political parties. They were
two leading opposition parties, the Liberal just various groups and associations formed
Party and the Progressive Party realised “that for the sake of expediency. On account of the
for years they had been duped, bought and weak party Government and various charges
exploited by the Government and it was of bribery, corruption and scandalous
imperative that they abandon their useless behaviours of the political parties, a group of
and harmful struggle with each other and join military officers forced their entry into the
forces in the fight against their common Prime Minister’s residence on May, 1932 and
political enem y—the Satsuma—Choshu Clique killed Prime Minister Inuki Tsu yoshi. The party
that was in control of the Government.’”? They rule came to an end and power passed in the
founded a party in 1898, a merger of the hands of military leaders. By 1940, the political
defunct Liberals and Progressives. parties found their complete exit.
Prince Ito who had opposed the formation The political parties reappeared in Japan
of political parties, now declared that for good in 1945, when with the defeat of Japan in the
and efficient Government, political parties were war, the occupation Authorities directed the
essentially necessary. He, accordingly, formed Japanese Government to remove all restrictions
a party in 1900 known as the Association of on political, civil and religious liberties. The
Political Parties. A large number of other Directive also ordered the Government to
groups also started coming into existence when release all political prisoners. With the release
it appeared that a full-fledged Parliamentary of political prisoners and removal of
system would soon be established. In 1925, restrictions on political rights, the political
the Farmer-Labour Party was established. In parties reappeared on the scene. In the first
1922, the Japan Communist Party was founded. general election held in April, 1946 there were
A number of socialist groups also came into as many as two hundred and sixty parties
existence. In the 1928 elections, the four excluding scores of organisations which could
socialist parties ran eighty-eight candidates of not be strictly termed as political parties. After
whom only eight could win. Then there were the first mushroom growth, four political
several conservative groups who commanded parties—Liberal Party, the Progressive Party,
neither reasonable respect nor a continuous the Social Democratic Party and the
support from the electorate. The political Communist Party finally stabilised themselves.
parties during this period depended heavily In 1955, the Liberal and Progressive parties
on the big industrial combines which supplied merged to form the Liberal Democratic Party.
them with funds to contest elections. There The Social Democratic Party has split into two
was a close alliance between the political separate Parties—the Socialist Party and the
parties and big business. Since the Cabinet Democratic Socialist Party. Today in Japan,
 Political Parties 443

there are four major political parties: Liberal more than two hundred and sixty. Obviously,
Democratic Party, Socialist Party, Democratic some of these parties could not really be
Socialist Party, and the Communist Party. characterised as true political parties. They
were just various groups and associations.
Main Feature of Japanese Party System The reasons for growth of multiple parties
The important features of Japanese party have been Japanese fondness of variety and
system are: narrowness leading to splits and merger,
political expediency, political awakening,
(1) Extra-Constitutional Growth
extension of suffrage, encouragement to labour
As in other parliamentary democracies so in unions, financial support by business
Japan, the party system is an extra- magnates, growth of cities, spread of education,
constitutional growth. Neither the Meiji the growth of white collar class, emancipation
Constitution nor the present Constitution of women, democratisation of economic
makes any mention of political parties. Party institutions, factionalism and internal strife
system is an essential concomitant of Cabinet within the parties. The 2007 election was fought
system of Government. Under this system, the by as many as eight political parties, viz.
Government is responsible to the legislature. Liberal Democratic Party, Socialist Party,
Elections are fought on party lines and the Democratic Socialist Party, Komeito,
political party which gets the largest number Communist Party, Shinseito, Sakigake and
of seats forms the Government. The ministers Nippon Shinto.
act as a unit, speak with one voice and have
both individual and collective responsibility. (3) Splits and Merger
Homogeneity and solidarity are the marked Splits and merger of the parties is a regular
features of Cabinet Government. In 1900, feature of Japan’s party system. Most of the
Prince Ito felt the expediency of forming a mergers have been affected by incompatible
political party and formed the Association of groups for expediency and have been
Political Parties. From 1924 to 1932, party marriages of convenience. Even members who
leaders headed the Government. The split the party have been re-admitted into the
Constitution of 1946 nowhere prohibits a party parties. Chitoshi Yanaga opines that political
Government. Since it has set up a Cabinet parties change their labels with the greatest of
system of Government, political parties have ease and without changing their policies. More
inevitably grown in Japan. often than not names are changed merely to
accommodate the newly won members or
(2) Multiplicity of Political Parties
simply to give the psychological effect and
Japan for a long time has suffered from the illusion that the party is making a fresh start.?
evil of multiple party system. During the Meiji
era there were a large number of parties (4) Long Single Party Rule
coming into existence and making their exit Although Japan suffers from multiple party
from time to time. The Liberal Party, the system, it goes to its credit that the same
Progressive Party, the Imperial Party, Greater party, Liberal Democratic Party has enjoyed
Coalition of Parties, Association of Political the longest spell of power continuously for a
Parties, Constitutional Association, Farmer- period of thirty-eight years. It lost in 1993
Labour Party, Oriental Liberal Party, election. The Liberal Democratic Party is a
Communist Party, Socialist Party, have been conservative party. The Socialists who are in
some notable parties of the pre-1932 period. the opposition are sharply divided among
When the Constitution of 1946 became themselves and there is no possibility of their
operative, the number of political parties was coming to power. Although it may not be said
 444 World Constitutions—Japan

that the Liberal Democratic Party is free from (8) Localism

factionalism, yet the Japanese voter does not Localism marks another feature of party
see a practical alternative to it. system in Japan which means that the
(5) Absence of Mass Base principles and programmes of a national party
do not determine the choice of voters for a
The parties in Japan are not mass organisations.
candidate to which he belongs. The voters
They are largely associations of professional
vote for a candidate who belongs to them
politicians and administrators who centre their
rather than to a party and the programme it
activities in Tokyo. Their prime focus of
stands for. The theory of “friends and
attention is the House of Representatives which
neighbours” determines the choice and it is an
provides the Prime Minister and the ministers.
important aspect of the political process in
They hardly go to their constituencies to nurse
Japan.
them and lead the people. There may be local
offices in the Prefectures and other areas but Parties and Policies
their contribution in the decision of party
As told above, there are four major political
matters is negligible. In a word, the political
parties in Japan. Their brief discussion is as
parties in Japan are Diet centered.
follows:
(6) Bureaucratisation
Liberal Democratic Party
Another important feature of the Japanese
The Liberal Democratic Party the oldest party
party system is the steady influx of officials
in Japan. Prior to its formation, there were the
into the parties and the Diet. According to
Liberal Party and the Progressive Party which
Kahin, “Since about 1949, the number of ex-
go back to 1881. The present Liberal
bureaucrats in the conservative parties has
Democratic Party was established in 1955 as a
increased appreciably until in recent years they
result of the merger of the Liberal Party and
represent about one-fourth of the members of
the Democratic Party (previously the
the House of Representatives belonging to the
Progressive Party). The Party had been in
Liberal Democratic Party.”4 In four Cabinets
power since 1955 continuously. It lost in the
between 1957 and 1960 the ex-officials had
1993 election.
held about one-half of the Cabinet posts. Most
The Liberal Democratic Party is a national
of the post-war Prime Ministers such as
party. Its main supporters are the rural
Shidehara, Yoshida, Ashida, Kishi, Ikeda,
communities, owners of industrial and
Fakuda and Ohira have had long careers in
com mercial establishments and high level civil
civil service. The result is that the Japanese
servants. The party is headed by the President
politics has undergone a_ kind of
chosen at a conference consisting of party
bureaucratisation.
members of both the Houses of the Diet, and
(7) Role of Religion delegates chosen by the Prefectural branches
Till recently, Japan was free from parties based of the party. He is elected for a term of two
on religion. There was complete secularisation years and may be re-elected for another term.
of politics and politicians did not use religion The other important officials of the party are
for political purposes. But in the sixties there the Secretary General, Chairman of the
emerged a new-religious political party, the Executive Council, Chairman of the Research
Komeito Party, which is the political arm of Committee and the Party Discipline
the Soka Gokkai, a military Buddhist Committee. The party headquarters are located
organisation. Thus it is a Buddhist oriented at Tokyo.
party and is steadily making its impact on The Liberal Democratic Party stands for
Japanese politics. the preservation of the principle of popular
 Political Parties 445

sovereignty, respect for and protection of marginally improved its tally but fell short of
individual freedom and rights, clean majority. In July 12,1998 elections, it captured
Government, revision of the Constitution with only forty-four seats. Hence, the Prime Minister
a view to elevate the position of the Emperor owned the responsibility for the defeat and
as head of the State in place of the symbol of stepped down. A coalition government
the State, restoration of the right to defence of consisting of the Japan Socialist Party, the
the country, limited rearmament for self- Liberal Democratic Party and New Party (a
defence, educational and technological small party) was formed. This marked the
development, planned industrial growth, advent of a coalition era in Japan.
expansion in foreign trade, industrial peace
Socialist Party
and workers’ welfare, social security,
cooperation with United Nations and other The Socialist Party is the second largest party
countries of Asia. in the Diet. The party was born in 1955 as a
The party suffers from factionalism and result of the unification of left and right wing
internal dissensions. It is estimated that there Socialists who had been long split. But they
are thirteen factions, each having its own again separated in 1959 and a new party, the
supporters in the Diet. Ward and Macridis Democratic Socialist Party, was established in

write, “It is difficult to describe accurately, the

January, 1960.
leadership of the Liberal Democratic Party. The Japan Socialist Party stands for
Superficially, the party is led by its President readjustments of Japan’s foreign relations with
who, since this is normally the majority party, emphasis on the establishment of a collective
is also apt to be the Prime Minister of Japan. non-aggression and mutual security system
But when we look more closely, we soon see including Japan, United States and Soviet
that the Liberal Democratic Party really has Union (now extinct); democratisation of the
no single leader. In fact, it is in some way present defence forces; establishment of
more accurate to view it as a loose coalition of democracy and socialisation of the economic
factions united for purposes of campaign and system in order to create a social welfare
legislative strategy than as a unified national State, attainment of a self-sustaining economy
party.”° However, despite factionalism within and the development of land to absorb the
the party, it had been continuously in power unemployed. The party believes in democratic
since 1955 till 1993. The main reason for its and peaceful means to achieve political power.
victory was that the opposition on account of They want the capitalist society to be steadily
multiple party systems was sharply divided converted into a socialist society.
and the main opposition, the Socialists, are The party derives support from the
themselves the victims of dissensions and working class, farmers, fishermen, small and
groupism. There is no practical alternative to medium manufacturers and _ traders,
the Liberal Democratic Party before the intellectuals and others belonging to the middle
Japanese voters who, out of their conservative and lower class. It thus claims itself to be a
habit of voting, vote for the devil they know. class-mass party. At the top of the party
In the February, 1990 general election, the organisation is the national convention which
party won two hundred and seventy-five seats consists of delegates from different local party
out of five hundred and twelve seats in the units and affiliated organisations. It meets
House of Representatives. every year to determine policy matters and
The defection of fifty-seven members from take stock of the political developments. The
the party wiped out Mr. Miyazawa’s majority convention elects a central Executive
in the Parliament and forced the July 18, 1993 Committee, its Chairman and Secretary
election which it lost. In the 1996 elections it General.
 446 World Constitutions—Japan

The Democratic Socialist Party Central Committee at least once in every three
The Democratic Socialist Party came into years. The Secretariat of the Central Committee
existence on 24 January 1960, as a result of is headed by the Secretary-General. The party
split in the Japan Socialist Party. Nishio Congress also elects a Central Control and
Suehiro, the leader of the split group issued a Supervision Committee.
statement in October 1959 when the split came The policy and programme of the party
that “there is an urgent desire in Japan for a are based on the philosophy and teaching of
democratic socialist party which, while abiding communism. It thus stands for State ownership
by Parliamentarianism, will fight for extreme, of the means of production and abolition of
leftists and rightists and promote the general private property. It is opposed to capitalism
welfare of all sections of the working people, and advocates State socialism. It wants to attain
without special favour or partiality to labour its objective through peaceful revolution.
union.” The split group formed a party on 24 Other Parties: Besides the above four main
January 1960, and named it as the Democratic political parties, mention may also be made of
Socialist Party. the Komeito Party and New Liberal Club. The
The party advocates opposition to Komeito Party is a Buddhist-oriented party
capitalism and totalitarianism of both the right which came into existence in the sixties and
and the left; stands for respect for the dignity set up its candidates in the 1967 mid-term
of the individual; believes in the pursuit of an election securing twenty-five seats. It is the
independent foreign policy, and wants a political arm of the Soka Gokkai, a military
welfare State to be established through planned Buddhist organisation. It believes in creating a
economy and_ socialist measures. Its welfare State based upon respect for humanity
organisation resembles that of the Japan and human socialism and establishing a clean,
Socialist Party. At the head of the party is the parliamentary and democratic system of
Chairman of the executive Committee with Government. It stands for an independent
Secretary General. The ultimate authority is foreign policy and advocates for a step by step
vested in the Party Congress. In the 1986 dissolution of the US-Japan Security Treaty
elections it could win twenty-six seats only, with a strengthening of the United Nations
whereas in 1983 it had won thirty-eight seats. security functions.
In the 1990 and later elections it could not The New Liberal Club was set up by a
improve its position appreciably. splinter group of the Liberal Democratic Party
in 1976. The members of the group were
The Communist Party
disgusted with corruption among top leaders
The Communist Party is an old party of the Liberal Democratic Party. The Club
established in 1922, but it remained outlawed contested the 1976 elections and got seventeen
until after World War II. Since 1946, it has seats, but now it has lost its popular appeal.
been contesting all general elections, though
its success has been modest. Forty-First General Elections
The supreme authority within the Japan The forty-first general elections were held on
Communist Party is the Congress whose October 20, 1996. In these elections, no single
delegates are elected by party members party gained absolute majority in the House
throu gh their local organisations. The Congress of Representatives. The Liberal Democratic
meets once after every two years. It formulates Party, thrown out of power in the 1993 election
the party platform, discusses governing for the first time in nearly four decades
regulations, lays down the principles of however, emerged as the single largest party,
political action. It elects the members of the but fell twelve seats short of parliamentary
 Political Parties 447

majority. The main opposition party Shinshinto Forty-third General Elections

(New Frontier Party) which is a coalition of On October 11, 2003 Prime Minister Junichiro
Renewal Party, the Clean Government Party, Koizumi dissolved the House of
the Democratic Socialist Party and Japan New Representatives and fresh elections took place
Party lost five seats, being reduced from one on November 9, 2003. The Democratic Party
hundred and sixty to one hundred and fifty- gained the most increasing its strength from
six seats in the new House of Representatives. 137 to 177 while the ruling Liberal Democratic
The newly formed Minshato (Democratic Party Party lost the seats getting 237 seats, earlier it
of Japan) captured sixty seats, thus having held 247 seats. Although it failed to get an
done reasonably well. The Socialist Party could absolute majority however, it succeeded in
capture fifteen seats only, though earlier it forming a coalition government.
had sixty seats. The Communist Party won On August 8, 2005 Prime Minister
twenty-five seats. Junichiro Koizumi called a snap-election to
The election was dominated by politicians’ the lower house which was held on September
call to take power away from bureaucrats and 11, 2005. It was won by Liberal Democratic
revival of the economy. The final voters’ Party by a landslide majority. The next General
turnout was estimated at fifty-nine per cent, a Elections are due in September, 2009.
new record low. The previous record was From the above brief analysis of election
sixty-seven per cent seats in the election held results, it is clear that Japan has entered the
in 1993. It may be noted that it was the first era of coalition Government.
election held under the electoral reforms
Like its Indian counterpart, the Opposition
whereby multi-member constituencies were
has tended to further fragment rather than to
abolished and proportional representation was
combine. Likewise, the Liberal Democratic
introduced for forty per cent of the seats, the
Party has lost its long spell of power just as
rest to be filled by single-seat constituencies.
the Congress (I) Party has lost in India. Money
politics has made deep in-roads in the Japanese
Forty-second General Elections
political system. The Lockheed bribery scandal,
The forty-second general elections were held
securities scandal, recruit scandal besides
on June 25, 2000, in which Prime Minister
individual cases of corruption involving Toru
Yoshiro Mori’s long ruling Liberal Democratic
Ishii, of the city of Sendai, Shin Kanemaru,
Party (LDP) was badly mauled losing as many
Chairman of the largest faction in the LDP
as thirty-eight seats. The partners of the ruling
and others remind one of the similar cases of
coalition Komeitos-LDP and New money politics in India. The Japanese voters
Conservative Party also lost heavily dropping like Indian ones seem to be unwilling to punish
as many as seventy-two seats from the pre- transgression after transgression on the part
poll total of three hundred and thirty-six in of scandal-plagued politicians. Political
the old house of five hundred. The big gainer corruption has been made legitimate by the
in these elections was the Democratic Party of mere fact of its systematic perpetration.
Japan improving its strength from pre-election Unfortunately, the two largest democracies of
ninety-five to one hundred and twenty-seven, Asia—Japan and India—are devoid of great
net gain of thirty-two seats. The Social
moral leadership at present. However, it is
Democratic Party, once the main opposition
hoped that given the indomitable nature, total
group, won sixteen, gaining an extra two while
discipline and exemplary dedication of the
the Liberal Party also gained two by winning
people, Japan will prevail over its political
eighteen. Women gained thirty-five seats, the problems.
most since 1946, as against twenty-three in the
old House.
 448 World Constitutions—Japan

References

1. Chitoshi, Yanaga, Japanese People and Prime

M inister, 4. Kahin, Q.M., Major Governments of Asia, p. 232.
p. 21. 5. Ward and Macridis Modern Political System: Asia,
2. Ibid. p. 73.
3. Ibid, p. 259.