Article 41. The Diet shall be the highest organ of 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. 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 provided 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. When the House of Representatives is dissolved,
there must be a general election of members of the House of
Representatives within forty (40) days from the date of
dissolution, and the Diet must be convoked within thirty (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 ten (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. 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 in the
Constitution, and in case of a tie, the presiding officer shall
decide the issue.
Article 57. 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. 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. A bill becomes a law on passage by both Houses,
except as otherwise provided 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 sixty (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. 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 thirty (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 to 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. The Diet shall set up an impeachment court from
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.