CHAPTER V: THE CABINET
Executive power shall be vested in the Cabinet.
1)The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
2)The Prime Minister and other Ministers of State must be civilians.
3)The Cabinet shall, in the exercise of executive power, be collectively responsible to the Diet.
1)The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
2)If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within 10 days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.
1)The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet.
2)The Prime Minister may remove the Ministers of State as he chooses.
If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within 10 days.
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.
In the cases mentioned in the two preceding Articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
The Cabinet shall, in addition to other general administrative functions, perform the following functions:
(1)Administer the law faithfully; conduct affairs of state.
(2)Manage foreign affairs.
(3)Conclude treaties. However, it shall obtain prior or, depending on circumstances sudsequent approval of the Diet.
(4)Administer the civil service, in accordance with standards established by law.
(5)Prepare the budget, and present it to the cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
(6)Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.
The Ministers of State shall not, during their tenure of office, be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.