2. 1. SALIENT FEAEURES OF 1982
CONSTITION
Written: 138 articles
Flexibility: amendment may be moved by Standing Committee (SC) or by 1/5th of
NPC and needs approval of 2/3rd
Unitary state: 21 provinces, 5 autonomous regions and 2 cities
Power to the people: but exercised by NPC
Planned economy
Democratic dictatorship: real power of CPC but democratic transitions of President
and PM after their tenure is completed
Democratic centralism
Rights and duties: 33-51 rights and 52-56 duties
Socialist state: based on ideology of Marx and Lenin as interpreted by Mao Zedong
Unicameral: legislative power exercised by NPC, elected for 5 years
3. 2. NATIONAL PEOPLE’S CONGRESS
Unicameral; according to the constitution: “NPC is the highest organ of state power
and all authority of PRC flows from it.”
Composition and tenure:
I. Around 3000 members
II. elected for 5 years
Sessions:
I. At least one session of NPC is convened every year
II. The president does not have power to convene in theory
Functions: enumerated in Art.62:
I. Sole law making body; SC when NPC in recess
II. Supervise enforcement of constitution, elects President, VP and PM of state council
III. Can amend constitution, controls socio-economic development of China
IV. Approves budget and take decisions on questions of war and peace
4. 3. STANDING COMMITTEE
Composition, elections and tenure:
I. Consists of chairman, VC, SG and other members
II. Number vary with each tenure, constitution does not provide for
any definite numbers of members
III. Same amount of time as NPC, 5 years
Legislative functions
I. Enacts laws when NPC in recess
Executive functions
I. Decides on appointment of ambassadors and other foreign
diplomats
II. Decides on ratification and abrogation of treaties
Judicial functions
I. Interpret laws, constitution
II. It can reject any decision of State Council
