Constitutional Amendment Gridlocked

Commission on the Constitution of House of Representatives had the first discussion in current session on April 11th. Liberal Democratic Party proposed establishing a conference for making draft of provisions for the amendment, while Constitutional Democratic Party criticized LDP of being hasted. It is getting hard for Prime Minister, Fumio Kishida, who upholds a goal to complete the amendment by the end of his term as the president of LDP. 

Article 96 of the Constitution requires the amendment to be “initiated by the Diet, through a concurring vote of two-third or more of all members of each House” and to achieve simple majority in a special referendum or election designated as such by the Diet. LDP, Komeito, Japan Innovation Party and Democratic Party for the People construct a power for amendment, occupying two-third majority in both Houses.

 

The amendment process starts with submission of a draft with approval of one hundred or more lawmakers in the House of Representatives and of fifty in the House of Councillors. After discussion in Commission on the Constitution, the amendment is initiated by two-third majority in the plenary sitting of each Houses. The referendum is held between sixty and one hundred and eighty days.

 

The term of Kishida as LDP president will expire at the end of September. The Diet session will be closed on June 23rd, if it is not extended. The discussion in the commission is making slow progress. It takes at least sixty days to have referendum after the initiative of the Diet. To finish this process before the end of Kishida’s term as LDP president, the Diet needs to initiate the amendment by the end of July.

 

The discussion in the commission was further delayed by the slush fund scandal of LDP. CDP refused the discussion, prioritizing the issue of political ethics to constitutional amendment. LDP had to replace three members of the commission, who were involved in the scandal. Innovation Party proposed progress without CDP, but LDP is not willing to do that.

 

The parties have even not agreed on the draft of the amendment. Although LDP hopes to add a provision for emergency in the Constitution, to postpone general election of the House of Representatives, CDP basically argues that another House can represent the Diet. The prime minister already has a great power to conduct disaster management.

 

CDP criticize LDP of arguing constitutional amendment without substantial necessity. “Having trapped by the slush fund scandal and showing no resilience from that immorality, is LDP qualified for discussing constitutional amendment?” asked CDP ranking member of the commission, Seiji Osaka.

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