The Japanese Supreme Court, the court of last resort, holds the power to determine the constitutionality of any law, order, regulation, or official act, incorporating the principle of judicial review, with its authority explicity granted by article 81 of the Japanese Constitution.

1.  FACULTY NAME:
 KANHAIYA JHA
 BATCH NAME:
 PUB. AD. OPTIONAL
 SUBJECT:
 PUBLIC ADMINISTRATION
 TOPIC NAME:
 CPA _ JAPAN
 DATE OF PRESENTATION:
 27 / 10 / 2023

3.  The modern state of Japan emerged with the Meiji Restoration in 1868. For 58
years, from 1889 to 1947, Japan operated under the Meiji Constitution, which was
characterized by ideals of autocracy, authoritarianism, and monarchy.
 The Meiji Restoration was a pivotal event in Japanese history that occurred in
1868. It marked the end of the Edo period and the beginning of the Meiji era, and it
had far-reaching consequences for Japan's political, social, and economic landscape.

4. • The Meiji Restoration involved the overthrow of the Tokugawa
Shogunate, which had ruled Japan for over two and a half centuries.
Their rule was marked by isolationism and a rigid feudal system.
• The Meiji era was characterized by a rapid and comprehensive
program of modernization and Westernization. The Meiji leaders
recognized that Japan needed to catch up with the industrialized
Western powers to ensure its sovereignty and avoid colonization.
They adopted many Western ideas, technologies, and
institutions, such as a modern legal system, centralized
government, and a new education system.
• The Meiji government abolished the feudal system, including the
samurai class and daimyo (feudal lords), and introduced a
conscription-based army.
• The Meiji Constitution of 1889 established a constitutional
monarchy with a bicameral legislature. However, real political
power still resided with the oligarchy of Meiji leaders.

5.  However, the course of history took a significant turn
after World War II, from 1939 to 1945, when Japan was
placed under Allied Occupation until 1952.
 U.S. General Douglas MacArthur served as the
Supreme Commander of the Allied Powers in Japan,
overseeing the country's transformation into a democratic
nation. Under his guidance, Japan adopted a new
democratic constitution in 1946, shifting its foundation
towards democracy and peace.
 The new Japanese constitution came into effect in
1947, often referred to as both the MacArthur
constitution and the Showa constitution, named after
Emperor Hirohito's reign, "Showa," meaning 'Radiant
Peace.' At the time of its adoption, Hirohito was the
Emperor, and Shidehara was the Prime Minister.

6. FEATURES OF THE JAPANESE
CONSTITUTION
 The Japanese Constitution is a written constitution, much like the American Constitution,
consisting of a Preamble and 103 Articles organized into 11 chapters.
 It blends elements of both the American and British systems, with its Preamble
emphasizing the sovereignty of the people.

7.  The Japanese constitution establishes a unitary system where all powers
are vested in the central government located in Tokyo. Provinces derive
their authority from the central government, and the Diet can expand or
reduce provincial authority.
 As such, provinces operate as subordinate units of government,
possessing only those powers delegated to them by the central
government.

8.  The Japanese constitution establishes the principle of the supremacy of the
constitution, making it the highest law of the land. Laws, ordinances, imperial
rescripts, and official acts must conform to the constitution's provisions.
 Japan is a constitutional monarchy, described as a limited hereditary
monarchy. The Emperor retains a symbolic role, with the constitution stripping
him of powers, privileges, and prerogatives once enjoyed.
 The Emperor is considered the symbol of the state and the unity of the people,
deriving his position from the people's will. His authority is strictly limited to
ceremonial functions, with the Cabinet's advice and approval required for all his
actions.

9.  Japan embraces a parliamentary system of government, similar to the British model,
with the Emperor serving as the nominal executive, while the Cabinet, headed by the
Prime Minister, holds the real executive power. The majority party or coalition in
the House of Representatives forms the government, with the leader of the majority party
becoming the Prime Minister.
 The Prime Minister is designated from among the Diet members and appointed by the
Emperor, and the Cabinet, exercising executive powers, is collectively responsible to the
Diet.
 The Emperor can dissolve the House of Representatives upon the Prime Minister's
advice.

11.  The Japanese Diet is structured as a bicameral legislature, consisting of two
houses: the House of Councillors (upper house) and the House of
Representatives (lower house).
 The House of Councillors comprises 252 members, each serving a six-year term.
Among these members, 152 are elected based on geographical constituencies,
while the remaining 100 are elected through a national constituency.
 The House of Representatives, on the other hand, is composed of 512 members,
each serving a four-year term.
 Notably, the House of Representatives wields more authority, particularly in
financial matters.
 In the constitutional framework, the Diet holds the highest position in state power
and serves as the exclusive legislative body of the state.
BICAMERALISM IN THE JAPANESE DIET

12.  The Japanese judicial system is a civil law system with a three-tiered court
structure (district courts, high courts, and the Supreme Court). It emphasizes
efficiency, transparency, and independence. Lay judges participate in serious
criminal cases, and legal professionals, including lawyers and judicial scriveners,
are integral to the process.
 The system includes legal aid and alternative dispute resolution options.
 Judicial independence is a cornerstone, and the Supreme Court has the
authority to review laws for constitutionality.
 The Japanese Supreme Court, the court of last resort, holds the power to
determine the constitutionality of any law, order, regulation, or official act,
incorporating the principle of judicial review, with its authority explicitly
granted by Article 81 of the Japanese Constitution.

13.  The Japanese Constitution guarantees a wide
range of civil, political, and economic rights to
its citizens. These rights are considered 'eternal
and inviolate' and are protected by the judiciary
through its power of judicial review.
 The Constitution's provisions on fundamental
rights are more detailed and specific than the
American Bill of Rights, with 31 articles
dedicated to the rights and duties of the people,
covering rights to equality, freedom, religion,
private property, economic rights, education,
cultural rights, and constitutional remedies.

14.  The Japanese Constitution is rigid and can only be amended through a special
process outlined within the constitution, which distinguishes it from ordinary
laws.
 Amending the Japanese constitution involves several steps. The Diet (Japanese
Parliament) initiates the amendment, requiring a proposal passed by a two-
thirds majority. Subsequently, it is submitted to the people for ratification
through a special referendum or a specific election, which must garner the
majority of the people's approval. The Emperor then promulgates the amendment
in the name of the people.
 Notably, the Japanese constitution has not been amended since its adoption in
1947, making it one of the few in the world to remain unchanged for such a
long period.

15.  One of the most distinctive and controversial features of the Japanese Constitution is
its renunciation of war. Japan has constitutionally abandoned war as a sovereign
right and the use of force as a means of settling international disputes.
 The constitution prohibits Japan from maintaining military forces or other war
potential. It does not recognize the state's right to belligerency.
 Consequently, Japan is the only modern state that has constitutionally
renounced war forever. Despite this, Japan maintains self-defense forces to
protect itself against foreign aggression, but it refrains from using the term
"military forces" to remain in line with its constitutional obligations.

16.  The organizational structure of the central government in Japan is delineated by the
National Government Organisation Law of 1948. The contemporary central
government comprises twelve ministries and the Prime Minister's Office.
 In addition to the twelve ministries and the Prime Minister's Office, there are
various Commissions and Agencies that operate within the central government.
 These Commissions and Agencies function as external bodies affiliated with the
ministries or the Prime Minister's Office. These external organs are overseen by a
Chairman or Director-General, depending on their role and function. Some of these
external organs within the Prime Minister's Office are led by cabinet ministers, who
are known as ministers of state in Japan.
ORGANIZATION OF CENTRAL
GOVERNMENT IN JAPAN

17.  The Prime Minister's Office in Japan oversees a range of external commissions and agencies responsible for
various aspects of governance and public administration. These entities include the National Public Safety
Commission, Fair Trade Commission, Environmental Disputes Coordination Commission, Management and
Coordination Agency, Economic Planning Agency, Environment Agency, National Land Agency, Science and
Technology Agency, Defence Agency, Imperial Household Agency, Okinawa Development Agency, and Hokkaido
Development Agency. Each of these commissions and agencies plays a specific role in areas such as public safety,
economic planning, environmental coordination, land management, scientific research, defense, and the imperial
household. They collectively contribute to the effective functioning of the Japanese government by addressing diverse
policy and administrative matters.
 Each ministry is supervised by a cabinet minister, or minister of state, who is a political appointee. These ministers
receive assistance from one or two parliamentary vice-ministers, also political appointees, in carrying out their political
duties. Additionally, each ministry is managed by an administrative vice-minister, a career civil servant from the same
ministry, who serves as the administrative head, analogous to the role of a secretary in India or a permanent secretary in
Britain.
 The structure and hierarchy of officials within a Japanese ministry are divided into units, ministries, bureaus,
officers-in-charge, and administrative vice-ministers, along with other roles such as director-generals, directors, and
section chiefs overseeing divisions and sections within the ministry. This organized structure ensures the efficient
functioning of each ministry's various responsibilities and activities.

18.  The Japanese Civil Service underwent a significant
transformation following the Meiji Restoration in 1868,
which marked the advent of modern Japan. The
restructuring of the civil service was influenced by the
German model of bureaucracy, akin to Max Weber's
idealized model. As such, the modern concept of the
Japanese civil service found its origins in the Meiji
Restoration.
 In its nascent years, appointments within the civil service
were largely driven by patronage considerations. It
wasn't until 1885 that the merit principle was
introduced as a basis for recruitment. The first
competitive examination for recruitment was
conducted in 1887, marking a substantial shift in the
selection process.
JAPANESE CIVIL SERVICE

19.  Notably, the legitimacy of Japanese civil servants was drawn from the Emperor,
rather than from the people. These bureaucrats were officially regarded as chosen
servants of the Emperor, accountable to him and not directly to the populace.
 However, after World War II, during the period of Allied Occupation (1945-1952),
the Japanese Civil Service underwent substantial reforms, largely influenced by
American principles. These reforms aimed at democratizing, modernizing,
rationalizing, and professionalizing the civil service in Japan.

20.  Two administrative reform commissions have been appointed in Japan:
the First Provisional Commission for Administrative Reform in
1962 and the Second Provisional Commission for Administrative
Reform in 1981, under the chairmanship of Toshio Doko.

21.  The Japanese civil service system is characterized by merit-based
recruitment, lifetime employment, generalist bureaucrats,
seniority-based promotions, and a strong work ethic.
 It emphasizes consensus-building, collaboration with the private
sector, and political neutrality.
 Bureaucrats often rotate between government and industry
positions, and high-ranking bureaucrats wield significant influence in
shaping government policies.
 This system is known for its efficiency and stability.

22.  The National Personnel Authority (NPA) serves as
the central personnel agency in Japan. Established in
1949 under the provisions of the National Public
Service Law of 1947, it is a statutory autonomous
body. Unlike a constitutional body, the NPA functions
independently of the Diet and the cabinet. It is
responsible for the administration and management of
the civil service in Japan.
 The NPA's creation was greatly influenced by the
United States, drawing inspiration from the Civil
Service Commission in the U.S. Its Indian counterpart
combines functions of the Union Public Service
Commission (UPSC) and the Ministry of Personnel.
The NPA, however, assumes these functions as a single
entity.
Central Personnel Agency

23.  The NPA is a three-member body, comprising a President and two
commissioners. These officials are appointed by the Cabinet, subject to approval
by the Diet and attestation by the Emperor. To ensure a balanced approach, no
two commissioners can belong to the same political party or be graduates of the
same university department. Commissioners serve a four-year term and are
eligible for reappointment. However, their continuous tenure is limited to 12
years.
 The NPA is tasked with various responsibilities, including conducting
recruitment examinations, developing and enforcing a position classification
plan, training civil servants, enhancing the efficiency of public officials,
promoting civil servants, addressing grievances, upholding discipline in
public services, making recommendations on compensation and service
conditions, setting procedures and standards for personnel administration,
and maintaining fairness in personnel administration. The NPA submits an
annual report on its activities to both the Diet and the cabinet.

24.  The National Public Service Law categorizes the national public service into the special
service and the regular service. The special service encompasses positions such as the
Prime Minister, Ministers of State, Commissioners of the NPA, Auditors of the Audit
Board, Parliamentary Vice-Ministers, high officials of the Imperial Household, Members
of the Diet, personnel of the Self-defense Agency, Judges, Ambassadors, and other
positions requiring Diet approval. In essence, the special service includes elective,
political, judicial, defense, imperial, and diplomatic positions.
 The regular service, conversely, consists of all positions in the national public service
not covered by the special service. This includes the administrative and clerical
personnel of the national government, who enter service through competitive
examinations and standard contracts with fixed tenures. Thus, the term "Civil Service"
or "public service" in Japan essentially refers to the regular service, and the
National Public Service Law primarily governs this segment.
Classification and Recruitment:

25.  To fill these civil service positions, Japan relies on open competitive examinations administered by
the NPA. Successful candidates are placed on lists, from which ministries select candidates after
conducting interviews. The NPA conducts sixteen competitive examinations annually to recruit
staff for three levels of civil service: higher, middle, and lower levels.
o Principal Senior A-Class Entrance Examination:- The Principal Senior A-Class Entrance
Examination holds a special place in the recruitment process of the Japanese civil service. Those
who successfully pass this examination become part of the elite "careerman" class and are often
referred to as "elitos." This category can be likened to the Indian Administrative Service
(IAS) in India. However, there is a key distinction between the two systems. In Japan,
"careerman" civil servants are assigned to a specific ministry upon entry and remain in that
ministry for the duration of their careers. Conversely, in India, an IAS officer can transition
from one ministry to another over the course of their career.
o This highly prestigious examination comprises two stages: a preliminary test, which consists of
multiple-choice questions, and the main examination, which includes both written and oral
components.

26.  It's essential to note five distinct aspects of recruitment to the Japanese civil service:
o The recruitment examination for the Foreign Service is not administered by the
National Personnel Authority (NPA) but by the Ministry of Foreign Affairs
independently.
o Recruitment to the Medical Service and Educational Service does not involve
examinations but relies on an evaluation process.
o The present system of competitive examinations was introduced in Japan by the
Occupation Authorities in 1948.
o Recruitment to the higher civil service is often dominated by graduates of the
University of Tokyo, particularly those from its faculty of law.
o All newly recruited candidates in Japan begin their civil service career on the
same day, April 1st, which aligns with the start of the financial year

27.  The training of civil servants in Japan falls under the purview of the National Personnel Authority (NPA). To
facilitate this, the NPA has established the Institute of Public Administration (IPA) in the Saitama Prefecture,
near Tokyo.
 The IPA conducts various training programs aimed at middle and senior-level civil servants. The institute
operates under the direct oversight of the NPA.
 Since 1967, the IPA has organized a joint introductory training program, spanning four days, for newly
recruited higher civil servants, including "careerman" from the Principal Senior A-Class Entrance
Examination. The objectives of this program include fostering a sense of esprit de corps and mutual
understanding among participants, instilling a commitment to public service, and promoting community
consciousness.
 This training program in Japan can be compared to the Indian combined foundational training course
organized by the National Academy of Administration in Mussoorie. However, the Indian program is more
comprehensive in its coverage and extends over a longer duration (four months) compared to the Japanese
counterpart.
Training:

29.  After completing the four-day joint introductory training program, probationers in
Japan commence their careers within their allocated ministries. There, they undergo
informal training, commonly referred to as "on-the-job training," where they
learn by actively participating in the work under the guidance of senior officers.
Notably, they remain with the same ministry for the entirety of their careers,
which transforms them into specialists in the specific functions of their ministry.
 The training regimen for Japanese Foreign Service probationers is more
detailed and spans a longer duration, often extending over three or four years. The
training program includes institutional training at the Foreign Service Training
Institute, on-the-job training at the Ministry of Foreign Affairs' headquarters, and
posting in diplomatic missions as an attache for foreign language instruction.

30.  The National Public Service Law in Japan delineates two primary principles for
promotions in the civil service:
o Promotion is typically based on competitive examinations among incumbents of
government positions of lower levels than the one under consideration for
promotion.
o In cases where the NPA deems it impractical to hold examinations among
incumbents, promotion may be determined by evaluating the past service records
of the individuals concerned.
 In theory, the promotion system in Japan combines merit and performance
evaluation. However, in practice, promotions often follow the seniority principle,
which is deeply entrenched in the Japanese civil service. Additionally, the educational
background of civil servants, including the university attended and their field of
academic specialization, is a significant factor considered during promotions.
Promotion

31.  The timeline for promotions within the Japanese civil service is as follows:
- Divisional Chief (Director) after approximately 15 years of service
- Director after 20 years
- Director-General after 25-28 years
- Administrative Vice-Minister after 28-30 years
 The role of Administrative Vice-Minister is the highest position a civil servant can
attain, equivalent to the Secretary to the Government of India. Promotions of civil
servants at the level of Divisional Chief (Director) and above require the prior
approval of the NPA.
 An essential feature of promotion at the senior levels of administration in Japan is
the system of collective seniority, often referred to as batch-based seniority. This
system entails promoting civil servants with the same seniority simultaneously,
resulting in bulk promotions.

32. • Those who do not secure promotions, due to limited opportunities at
higher levels, often resign and leave the civil service.
• This phenomenon is known in Japan as "Second Career."
• Resigned civil servants may join private enterprises, semi-
autonomous public corporations, or engage in active politics.
• It is noteworthy that a significant percentage of the Diet, 20% of
post-war cabinet ministers, and half of the post-war prime
ministers in Japan have previously served as civil servants.

33.  In Japan, pay and service conditions for civil servants adhere to the following principles:
o The National Public Service Law stipulates that personnel shall be compensated based
on the duties and responsibilities associated with their positions. Therefore, Japan
adopts the principle of "fair comparison" with private sector organizations for
determining civil servants' salaries.
o The NPA conducts an annual survey of thousands of companies to ascertain private
sector salary levels. Based on these findings, the NPA formulates a pay plan, which is
then submitted to the Diet and the cabinet.
o In addition to regular salaries, civil servants in Japan receive various allowances,
including housing allowances, special area-work allowances, overtime allowances, cold
district allowances, family allowances, special work allowances, and more.
Pay and Service Conditions:

34.  Similar to the United States, civil servants in Japan have the right to association. However,
certain groups, such as police personnel and those working in the Maritime Safety Agency or
penal institutions, are excluded from this right.
 Civil servants in Japan, like their counterparts in the United States, are denied the right to
strike. Consequently, participating in strikes is illegal for Japanese civil servants.
 Japanese civil servants have limited political rights. They retain the right to vote but do not
enjoy other political rights.
 In 1985, Japan instituted a compulsory retirement age for civil servants, set at 60 years. Prior to
this, retirement conventions determined the age at which civil servants left service.
 Upon retirement, the government rewards civil servants with placements in private
corporations, a system known as "amakudari," which translates to "descent from heaven."
These post-retirement placements are determined by a committee within the ministry in which
the individual worked throughout their government career.