A PROJECT ON
JAPANESE EMPEROR: A STUDY OF ITS POWER AND FUNCTION
SUBMITTED TO
DR. B.K. MAHAKUL
(FACULTY – POLITICAL SCIENCE)
SUBMITTED BY
SIDDHARTH DEWANGAN
SEMESTER-IV, SECTION- B
ROLL NO- 163
(B.A., L.L.B. Hons.)
DATE OF SUBMISSION: 15-02 -2016
HIDAYATULLAH NATIONAL LAW UNIVERSITY,
NEW RAIPUR (C.G.)
1
CERTIFICATE
I hereby certify that the work which is being presented in the Indian Political System Project
Report entitled “Japanese Emperor: A Study Of its Power & Position”, submitted to the
Dr. B.K. Mahakul, Faculty of Political Science, Hidayatullah National Law University,
Raipur is an authentic record of my own work carried out during a period of 4th Semester.
SIDDHARTH DEWANGAN
(SEMESTER –IV)
Roll No. 163
Section- B
This is to certify that the above statement made by the student(s) is correct to the best of my
knowledge.
2
ACKNOWLEDGEMENTS
I, SIDDHARTH DEWANGAN, feel myself highly elated, as it gives me tremendous
pleasure to come out with work on the topic “JAPANESE EMPEROR: A STUDY OF ITS
POWER AND POSITION”. I started this project a month ago and on its completion I feel
that I have not only successfully completed it but also earned an invaluable learning
experience.
First of all I express my sincere gratitude to my teachers who enlightened me with such a
wonderful and elucidating research topic. Without him, I think I would have accomplished
only a fraction of what I eventually did. I thank him for putting his trust in me and giving me
a project topic such as this and for having the faith in me to deliver. His sincere and honest
approach have always inspired me and pulled me back on track whenever I went off track.
Sir, thank you for an opportunity to help me grow.
I also express my heartfelt gratitude to staff and administration of HNLU in library and IT lab
that was a source of great help for the completion of this project.
Next I express my humble gratitude to my parents for their constant motivation and selfless
support. I also express my gratitude to all the class mates for helping me as and when
required and must say that working on this project was a great experience. I bow my head to
the almighty god for being ever graceful to me.
Thanks,
SIDDHARTH DEWANGAN
(SEMESTER –IV)
3
CONTENTS
SR. NO. CHAPTER PAGE NO.
1. CERTIFICATE 2
2. ACKNOWLEDGEMENTS 3
3. INTRODUCTION 5
4. OVERVIEW OF LITERATURE 6
OBJECTIVES OF THE STUDY
RESEARCH METHODOLOGY
5. VAJPAYEE POLITICAL JOURNEY 7
6. TERMS OF VAJPAYEE 9
6. AWARDS WON BY ATAL BIHARI VAJPAYEE 13
7. CONCLUSION 14
8. REFERENCES 15
4
Introduction
The Emperor of Japan is the head of the Imperial Family and is the ceremonial head of state
of Japan's system of constitutional monarchy. According to the 1947 constitution, he is "the
symbol of the State and of the unity of the people." Historically, he is also the highest
authority of the Shinto religion as he and his family are said to be the direct descendants of
the sun-goddess Amaterasu, and his importance also lies in dealing with heavenly affairs,
including Shinto ritual and rites throughout the nation.
In Japanese, the Emperor is called Tenno, which means "heavenly sovereign". In English, the
use of the term Mikado for the Emperor was once common, but is now considered obsolete.
Currently, the Emperor of Japan is the only remaining monarch in the world reigning under
the title of "Emperor". The Imperial House of Japan is the oldest continuing hereditary
monarchy in the world.In Kojiki or Nihon Shoki, a book of Japanese history finished in the
eighth century, it is said that Japan was founded in 660 BC by Emperor Jimmu. The current
Emperor is Akihito, who has been on the Chrysanthemum Throne since he was enthroned
after his father, the Emperor Shōwa (Hirohito), died in 1989.
The role of the Emperor of Japan has historically alternated between a largely ceremonial
symbolic role and that of an actual imperial ruler. Since the establishment of the first
shogunate in 1192, the Emperors of Japan have rarely taken on a role as supreme battlefield
commander, unlike many Western monarchs. Japanese Emperors have nearly always been
controlled by external political forces, to varying degrees. In fact, from 1192 to 1867, the
shoguns, or their shikken regents in Kamakura (1203–1333), were the de facto rulers of
Japan, although they were nominally appointed by the Emperor. After the Meiji restoration in
1867, the Emperor was the embodiment of all sovereign power in the realm, as enshrined in
the Meiji Constitution of 1889. His current status as a figurehead dates from the 1947
Constitution.
Since the mid-nineteenth century, the Imperial Palace has been called Kyujo, then Kokyo,
and is located on the former site of Edo Castle in the heart of Tokyo. Earlier, Emperors
resided in Kyoto for nearly eleven centuries.
The Emperor's Birthday (December 23) is a national holiday.
5
Overview of Literature
1. Anup Chand Kapur & K.K.Mishra(2010), Select Constitutions, S.Chand
Publications
This book deals with the in-depth analysis of a number of governments around the
world. This book deals with the Japanese Emperor and his functions.
2. Vishnu Bhagwan & Vidya Bhushan(2009), Specifications of World Constitutions
A Comparative Study, Sterling Publishers
This book deals with the politics of the different countries of the world. This book
deals with the role of the Japanese Emperor.
3. Rajni Goyal(2005), Major Constitutions, Galgotia Publications Pvt. Ltd.
This book deals with the major constitutions of the world. This book deals with the
role of the Japanese Emperor in the past and the present.
Objectives of study
To study about the role of Emperor in the past.
To study about the role of Emperor in the present days.
To study about the functions and role of the Japanese Emperor.
Research Methodology
This research is descriptive and analytical in nature. Secondary and electronic resources have
been largely used to gather information and data about the topic.
Books and other reference as guided by the faculty have been primarily helpful in giving this
project a firm structure. Websites, dictionaries and articles have also been referred.
6
Bibliography has been provided at the end to acknowledge the same.
The Emperor In History
Chitoshi Yanaga gives a matter of fact description of the Emperor. He says “The Emperor has
been and still in the living symbol of the nation’s history, heritage and achievements, of all
that is glorious in the nation’s past and present, of its continuity and durability. He is the
incarnation of history and religion. In his person are epitomised the nation’s hopes,
aspirations and promise. He is the spiritual anchor, the moral rudder, and the political
gyroscope that insure the safety and steadiness of the course of the ship of state. As a symbol
he is enshrined in the hearts of the people who attribute everything good to his virtue.” He
was and still is the nation’s rallying point descending in direct and unbroken lines from
Amaterasu-Omikami, the Goddess of the Sun. The Emperor, pictured as a Kami or heaven-
descended divine, sacred, virtuous and all wise, became the accepted ideology of the State
and these attributes of the monarch were taught in the schools. Near the entrance to every
schoolyard there was a small shrine in which were installed the pictures of the Emperor and
the Empress. Every schoolchild had to uncover and bow before this shrine each time he
entered or left the school. “On national holidays, usually at 10 A.M. all Japanese inside and
outside the country were supposed to bow respectfully in the direction of the Imperial Palace
in Tokyo. It was a custom, not rigidly enforced, for Japanese to bow each time they passed
the main entrance to the Palace ground.” It was sacrilege to discuss any aspect concerning the
person of the Emperor.
The Emperor was, thus, for the Japanese State, the repository of sovereignty which was
eternal and unalterable, that is “co-extensive with the Heavens and with the Earth.” His
authority was supreme and inalienable to which all religiously bowed. In interpreting the
Peace Preservation Law of 1925, which forbade inter alia advocating the alteration Kokutai
or national polity, the Supreme Court declared that the Emperor, of a line unbroken for ages
eternal, reigned and exercised sovereignty in Japan.
Despite the fact of political loyalty and unbounding reverence and devotion to the people, the
Emperor actually possessed very little political power and His Majesty usually had never
made any political decision. At least during the past near about 800 years, he had always
7
followed the advice of the effective government of the time that was in the saddle and was in
no way responsible for the formulation and execution of public policy. The Emperor was the
ceremonial head of the State and performed only the ceremonial functions. The constutuion
of 1889 gave him absolute power. Article IV stated: “The Emperor is the head of the empire
combining in himself the rights of sovereignty, and exercisers them, according to the
provisions of this constitution.” But even then, he has always acted on the advice of his
Ministers. He did no wrong and performed no public act on his own initiative and
responsibility. He could, thus, be described as the constitutional monarch even under the
Meiji Constitution, the most powerful symbol of unity and solidarity of the Japanese nation.
The Japanese adored their nation by adoring the Throne and The Royal Family provided a
useful focus for patriotism and patriotic devotion. Here the Emperor of Japan resembled the
British Monarch. “The reverence of the Emperor.” writes Chitoshi Yanaga, “is almost
unbelievable especially to those who have not witnessed its manifestation. Perhaps the British
alone of the Western people today can come closest to understanding attitude toward the
sovereign.”
The Emperor as He is Today
In their bid to effect the doctrine Kokutai or national polity, which vested the power to rule
ultimately in the Emperor, the Occupation Authorities strove to “humanize” the Emperor.
They contrived a Constitution which reduced the Emperor to a mere symbol of the State and
of the unity of the People. The Emperor derived his position from the will of the people with
whom sovereignty resides. With a view to vindicate the sovereignty of the people the
ultimate authority of amending the Constitution is vested in the people themselves and the
Constitution so amended, the Emperor proclaims it in the name of the people. It means that if
the majority of the people acting through their representatives and ratified at a referendum so
desire, the institution of the Emperor can be abolished. This is a revolutionary change and
perhaps the Japanese will never venture to abolish it, yet it is a legal truth that they can do it
if they so desire. It is an irony that the Emperor, who had advised his cabinet on August 14,
1945, to accept the allied Surrender Terms in order to save national polity from destruction
and the nation from annihilation, was left with no option but to accept the Constitution which
ordained his own political demise. The mind of the Occupation Authorities and the shape of
the things to come was fully reflected in the Emperor’s New Year Day Rescript of January 7,
1946. He declared that the ties between him and his people have always stood upon mutual
8
trust and affection and not upon legends and myths, not are they predicated on the false
conception that the Emperor is divine and that the Japanese people are superior to other races
and destined to rule the World. It is reported that the Shimizu Cho, the Constitutional Advisor
to the Emperor and Chairman of the Privy Council which approved the Constitution ,
drowned himself at Atami. The note, which Shimizu Cho left read: I have decided to die so
that I from the spiritual world may helf to protect our national polity and with the safe being
of His Majesty.
There was almost the entire nation which thought likewise. In a survey conducted by the
United Nations Educational and Cultural Organisation, it was founf out that 74% of the
Youth of postwar Japan strongly believed the Emperor remains as the very best, the symbol
of the nation, not only on paper, but int he hearts and minds of the people. This was really a
shock for the western nations especially Americans who had deliberately engineered the
Constitution of 1946. Since the time Japan regained her independence determined efforts are
afoot, restoring the universal reverence for monarchy as it prevailed before the defeat of
Japan in 1945. The Conservatives are the most active and their advocacy is more enthusiastic.
They hold that the Emperor’s position as a mere symbol of the State and of the unity of the
people does violence to the historical tradition and sentiment of the people. Some of the
critics of the constitution maintain that Japan is not a constitutional monarchy, as it claimed,
but a republic. They assert that the symbolic role of the Emperor, derivation of his position
from the people and their possessing the ultimate power of abolishing monarchy, and denial
of even nominal powers to the Emperor are the characteristics of a republic although the
Imperial Throne is dynastic. This is, however, a wrong interpretation of a republican form of
government so long as the Imperial Throne remains dynastic. But the Conservatives cannot
be induced to reconcile themselves to the position which the Constitution assigns to the
Emperor. Accordingly, the Liberal and Progressive parties set up in 1954 their separate
committees for a thorough study of the problem of constitutional revision with special
reference to the powers and position of the Emperor. Both the committees came to the
conclusion that the Constitution need to be immediately revised and the position of the
Emperor elevated to the constitutional head of the State as the British King is. The
Government also appointed a Commission on the Constitution. Nothing tangible has yet
come about, but there is a strong feeling among the Japanese people that the Emperor be
restored to his former position. In some parts of Japan a movement called Kigensetsu is
strengthening its activities. Emperor Akihito, son of Emperor Hirohito is the 125th in line of
9
succession. There has been only one dynasty which has ruled Japan in lineal succession
unbroken for ages eternal.
The Emperor and His Functions
Articles 1, 3 and 4 determine the position of the Emperor under the Constitution and Articles
6 and 7 list his function. Article 1 makes the Emperor “the symbol of the State and the unity
of the people, deriving his position from the will of the people with whom resides sovereign
power.” The effect of this Article is adequately expressed in Articles 3 and 4. Article 3
ordains that “The advice and approval of the Cabinet shall be required for all acts of the
Emperor in matters of State, and the Cabinet shall be responsible therefore.” Article 4
prescribes that the “Emperor shall perform only such acts in matters of state as are provided
for in the Constitution and he shall not have powers related to government.”
The combined effect of all these provisions may, thus, be summed up:-
1. That the emperor no longer exercises any power or authority relating to government;
2. That he only performs certain acts in matters of State and such acts are as specified in
the Constitution. There is no prerogative which he enjoys and no priviledge or
authority he can exercise;
3. That the advice and approval of the Cabinet is required for all acts of the Emperor and
there is ministerial responsibility for all such acts;
4. That the Emperor is only the symbol of the State and the unity of the people; and
5. That the Emperor derives his position from the will of the people in whom resides
sovereign power. If the people so will they can abolish monarchy and the Emperor
deprived of his position.
Articles 6 and 7 specify the following acts in matters of State which the Emperor performs:-
1. The appointment of the Prime Minister as designated ny the Diet;
2. The appointment of the Chief Judge of the Supreme Court as designated by the
Cabinet.;
The Emperor, with the advice and approval of the Cabinet, performs the following acts in
matters of State on behalf of the people:-
10
3. Promulgation of amendments of the Constitution, laws, Cabinet orders and treaties;
4. Proclamation of General Election of members of the Diet;
5. Convocation of the Diet.
6. Dissolution of the House of Represenatives;
7. Receiving foreign ambassadors and ministers;
8. Attestation of instruments of ratification and other diplomatic documents as provided
for by the law;
9. Attestation of the appointment and dissolution of Ministers of State and other officials
as provided for by law, and of full powers and credentials of Ambasadors and
ministers;
10. Awarding of honours;
11. Attestation of general and social amnesty commutation of general punishment,
reprieve, restoration of rights; and
12. Performance of ceremonial functions.
Role of the Emperor
The functions enumerated above are a part of the overall functions which generally belong to
the head of the State. But all such functions the Emperor performs on behalf of the people
and on ministerial advice and approval. Neither of them involves any initiative, discretion or
influence on his part. The Constitution does not only debar him from performing any
personal act relating to Government, but also so incapacitates him politically that the
Emperor cannot even claim to be the chief of the State or representative of the nation.
The Emperor is, thus, relegated to the position of mere cypher and he stands no comparison
with the constitutional monarch of England who plays a definite role in the governmental
process. The Emperor of Japan performs only ceremonial functions and nothing beyond. He
has absolutely no discretion in the appointment of the Prime Minister as he must appoint one
designated by the Diet. In keeping with the constitutional provisions that the Emperor is
merely the “Symbol of State” but not the head of State Japanese cabinets are never sworn in
by the Emperor. They merely attend a formal ceremony at the Imperial Palace attesting to
their appointment. Nor can he influence the dissolution of the Diet. It is the constitutional
right of the Cabinet alone; the Emperor must accept the advice tendered and promulgate
11
dissolution. Treaties are not negotiated and concluded by the Government and approved by
the Diet. The assent of the Emperor is not needed to validate laws passed by the Diet. In
England a Bill becomes a law after it is passed by Parliament and on receiving the royal
assent. The King has the power to veto a Bill duly passed by Parliament, although it has
never been done since 1707. The Emperor of Japan has no power to withhold assent. A Bill
ipso facto becomes law when passed by the diet. The Emperor simply promulgates it. Finally,
he does not enjoy the prerogative of mercy. The Emperor only attests general and special
amnesty, commutation of punishment, reprieve and restoration of rights.
The Emperor is, no doubt provided with requisite information about the affairs of the State
and political policies of the Cabinet, but he possesses none of those rights- the right to warn.
The Emperor of Japan is never consulted and his opinion is not solicited on any matter related
to Government by the Ministers. He performs only those functions which are specifically
enumerated in the Constitution and that, too, on behalf of the people from whom he derives
his position. The Ministers are responsible to the Diet for all such acts of the Emperor. He has
neither a legal nor a theoretical right to intervene and influence important decisions. The
moral influence of the Emperor of Japan is still considerable and he may exert it in
exceptional circumstances, but it will be a purely personal function carrying with it the
weight of his institutional prestige. Constitutionally, he has no locus standi to do so. Nor can
the Emperor act as a mediator and use his prestige to settle conflicts as the British Monarch
has done on many occasions. The Constitution insists that he should not take interest in
politics and exoress only shading of public opinion. In sum, Emperor Hirohito, and the
present Emperor Akihito too, essentially symbolised continuity, but as far as can be seen, did
not exert even limited political influence wielded by modern monarchs. When on 22
December, Japan celebrated one hundred years of Cabinet government, the celebration was
accompanied by the first ever visit by a Japanese Emperor to the residence and the main
office of the Japanese Prime Minister to attend a gathering of past and present cabinet
ministers. With the Emperor in attendance, nothing controversial was said. When Emperor
Hirohito spoke briefly, all those attending stood, many with their heads bowed. The Emperor
said that he expected the Japanese people, from top to bottom, to contribute to the peace of
the world and the welfare of the mankind as well as the development of the nation.
It cannot, however, be denied that in spite of the political incapacitation of the Emperor, the
popular attitude towards the throne remains the same. The Emperor of Japan was and is still
the most powerful symbol of unity and solidarity of the Japanese nation. The Japanese adore
12
nation by giving ardent adoration to the Throne. The Emperor Symbolizes more than two
thousand year of “Japaneseness” of the unity and stability of the nation and, thus, provide a
strong focus for patriotism and patriotic devotion. The role of the Emperor, therefore, cannto
be discounted. He is the rallying point of wish and strive to elevate him to the position and
status of constitutional head of the state. Parliamentary democracy requires the presence of
some dignified and detached person who should play a definite role in the government
process as the British Monarch does.
13
Conclusion
The current Constitution took effect in 1946, soon after World War II. It states that the
Emperor is "the symbol of the State and of the unity of the people," without powers relating
to government. The Emperor is limited to symbolic roles, such as performing "acts in matters
of state" as stipulated in the Constitution.
Like in Britain and Scandinavian countries, the Japanese monarch does not have a political
function. In all his state functions, the Emperor must have the advice and approval of the
cabinet. Based on cabinet decisions, he convenes the National Diet and dissolves the House
of Representatives.
Based on the Diet's designation, he appoints the prime minister. Other duties include the
promulgation of laws and treaties enacted and approved by the Diet and reception of
credentials of foreign ambassadors.
The reigning Emperor, Akihito, assumed the throne in 1989. The Emperor and Empress have
two sons, Crown Prince Naruhito and Prince Akishino. Their daughter was married in 2005,
after which she left the Imperial Family. They also have three granddaughters and a
grandson.
Members of the Imperial Family receive state guests from other countries and make overseas
visits. Through these and other activities, they fulfill an important role in promoting
international friendship.
Members of the Imperial Family also maintain wide contact with the citizens of Japan
through their attendance of various events across the nation and visits to facilities for the
handicapped and aged.
14
REFERENCES
BOOKS
1. Anup Chand Kapur & K.K.Mishra(2010), Select Constitutions, S.Chand Publications
2. Vishnu Bhagwan & Vidya Bhushan(2009), Specifications of World Constitutions A
Comparative Study, Sterling Publishers
3. Rajni Goyal(2005), Major Constitutions, Galgotia Publications Pvt. Ltd.
WEBSITES
1.
15
