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Imperial Household Law (皇室典範 Kōshitsu Tenpan)
by the Yoshida Shigeru Government

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3895455Imperial Household Law (皇室典範 Kōshitsu Tenpan)by the Yoshida Shigeru Government

The Imperial Household Law

Imperial Edict

We hereby give Our sanction, with the advice of the Privy Council, to the Imperial House Law, for which the concurrence of the Imperial Diet has been obtained, and cause the same to be promulgated.

EMPEROR HIROHITO
The 15th day of the 1st month of the 22nd year of Shōwa
(The 15th day of the 1st month of the year 1947 Seireki)

Chancellor of Japan and
Minister of Foreign Affairs
Yoshida Shigeru
Minister of State
Shidehara Kijūrō
Minister of Justice
Kimura Tokutarō
Minister of Home Affairs
Ōmura Seiichi
Minister of Education
Tanaka Kōtarō
Minister of Agriculture and Forestry
Wada Hiroo
Minister of State
Saitō Takao
Minister of Communications
Hitotsumatsu Sadayoshi
Minister of Commerce and Industry
Hoshijima Nirō
Minister of Welfare
Kawai Yoshinari
Minister of State
Uehara Etsujirō
Minister of Transportation
Hiratsuka Tsunejirō
Minister of Finance
Ishibashi Tanzan
Minister of State
Kanamori Tokujirō
Minister of State
Zen Keinosuke

Section 01. Succession to the Imperial Throne

Article 01

The Imperial Throne shall be succeeded to by a male offspring in the male line belonging to the Imperial Lineage.

Article 02

The Imperial Throne shall be passed to the members of the Imperial Family according to the following order:

The eldest son of the Emperor
The eldest son of the Emperor's eldest son
Other descendants of the eldest son of the Emperor
The second son of the Emperor and his descendants
Other descendants of the Emperor
Brothers of the Emperors and their descendants
Uncles of the Emperor and their descendants

In case there is no member of the Imperial Family as under the numbers of the preceding paragraph, the Throne shall be passed to the member of the Imperial Family next nearest in lineage.

In the cases of the two preceding paragraphs, precedence shall be given to the senior line and, in the same degree, to the senior member.

Article 03

In case the Imperial Heir is afflicted with an incurable and serious disease, mentally or physically, or there is a serious hindrance, the order of succession may be changed by decision of the Imperial Household Council and in accordance with the order stipulated in the preceding article.

Article 04

Upon the demise of the Emperor, the Imperial Heir shall immediately accede to the Throne.

Section 02. The Imperial Family

Article 05: The Empress, the Grand Empress Dowager, the Empress Dowager, Shinnō, the consorts of Shinnō, Naishinnō, Ō, the consorts of Ō, and Jo-ō shall be the members of the Imperial Family.
Article 06: The legitimate children of the Emperor and the legitimate grandchildren of an Emperor in the legitimate male line shall be Shinnō in the case of a male and Naishinnō in the case of a female. The legitimate descendants of an Emperor in the third and later generations in the legitimate male line shall be Ō in the case of a male and Jo-ō in the case of a female.
Article 07: In case an Ō succeeded to the Throne, his brothers and sisters who are Ō and Jo-ō shall specially become Shinnō and Naishinnō.
Article 08: The son of the Emperor who is the Imperial Heir shall be called Kōtaishi, and, in case there is no Kōtaishi, the grandson of the Emperor who is the Imperial Heir shall be called Kōtaison.
Article 09: The Emperor and the members of the Imperial Family may not adopt children.
Article 10: The institution of the Empress and the marriage of any male member of the Imperial Family shall be passed by the Imperial Household Council.
Article 11: A Naishinnō, Ō, or Jo-ō of 15 years of age or more shall leave the status of Imperial Family member according to her or his own desire and by decision of the Imperial Household Council.; Beside the case as mentioned in the previous paragraph, a Shinnō (excepting the Kōtaishi and the Kōtaison), Naishinnō, Ō, or Jo-ō shall, in the case of special and unavoidable circumstances, leave the status of Imperial Family member by decision of the Imperial Household Council.
Article 12: In case a female of the Imperial Family marries a person other than the Emperor or other members of the Imperial Family, she shall lose the status of Imperial Family member.
Article 13: The consorts of a Shinnō or an Ō who leaves the status of Imperial Family member and his direct descendants and their consorts, excepting those females who are married to other members of the Imperial Family and their direct descendants, shall lose simultaneously the status of Imperial Family member. However, regarding his direct descendants and their consorts, it may be so decided by the Imperial Household Council that they do not lose the status of Imperial Family member.
Article 14: A female not of the Imperial Family who is married to a Shinnō or an Ō may, upon the loss of her husband, leave the status of Imperial Family member according to her own desire.; When a female mentioned in the preceding paragraph has lost her husband, she shall, in case of special and unavoidable circumstances beside the case as under the same paragraph, leave the status of Imperial Family member by decision of the Imperial Household Council.; In case a female mentioned in the first paragraph is divorced, she shall lose the status of Imperial Family member.; The provisions of the first paragraph and the preceding paragraph shall apply to the females who are married to other members of the Imperial Family mentioned in the preceding article.
Article 15: Any person outside the Imperial Family and their descendants shall not become a member thereof, except in the cases where a female becomes Empress or marries a member of the Imperial Family.

Section 03. Regency

Article 16

In case the Emperor has not come of age, a Regency shall be established.

In case the Emperor is afflicted with a serious disease, mentally or physically, or there is a serious hindrance, and is unable to perform his acts in matters of state, a Regency shall be instituted by decision of the Imperial Household Council.

Article 17

The Regency shall be assumed by a member of Imperial Family of age according to the following order:

The Kōtaishi or Kōtaison
A Shinnō and an Ō
The Empress
The Empress Dowager
The Grand Empress Dowager
A Naishinnō and a Jo-ō

In the case of No. 2 in the preceding paragraph, the order of succession to the Throne shall apply; and in the case of No. 6 in the same paragraph, the order of succession to the Throne shall apply mutatis mutandis.

Article 18

In case the Regent or a person falling in the order of assumption of Regency is afflicted with a serious disease, mentally or physically, or there is a serious hindrance, the Imperial Household Council may decide to change the Regent or the order of assumption of Regency according to the order stipulated in the preceding article.

Article 19

When, because of minority of the person falling in the order of assumption of Regency or because of obstacles mentioned in the preceding article, another member of the Imperial Family has become Regent, they shall not yield their post of Regent to the said member of the Imperial Family who has the precedence on the ground of their attainment of majority or the removal of those obstacles, except in the case such person happens to be the Kōtaishi or Kōtaison.

Article 20

In case the obstacles mentioned in Article 16 paragraph 2 have been removed, the Regency shall be abolished by decision of the Imperial Household Council.

Article 21

The Regent, while in office, shall not be subject to legal action. However, the right to take that action shall not be impaired hereby.

Section 04. Majority; Honorific; Accession; Funeral; Record; and Mausoleums

Article 22: The age of majority for the Emperor, the Kōtaishi, and the Kōtaison shall be eighteen.
Article 23: The honorific title for the Emperor, the Empress, the Grand Empress Dowager, and the Empress Dowager shall be Heika.; The honorific title for members of the Imperial Family other than those mentioned in the preceding paragraph shall be Denka.
Article 24: When the Throne is succeeded to, the Ceremony of Accession shall be held.
Article 25: When the Emperor dies, the Rites of Imperial Funeral shall be held.
Article 26: Matters relating to the family status of the Emperor and the members of the Imperial Family shall be registered in the Record of Imperial Lineage.
Article 27: The graves of the Emperor, the Empress, the Grand Empress Dowager, and the Empress Dowager shall be called Ryo, and those of all other members of the Imperial Family shall be called Bo; matters relating to Ryo and Bo shall be entered respectively in the Ryo Register and the Bo Register.

Section 05. The Imperial Household Council

Article 28: The Imperial Household Council shall be composed of ten members.; These members shall consist of two Imperial Family members, the Presidents and Vice Presidents of the House of Representatives and of the House of Councillors, the Chancellor, the Grand Steward of the Imperial Household Agency, the Chief Judge, and one other judge of the Supreme Court.; The members of the Imperial Family and the judge other than the Chief Judge of the Supreme Court, who are to become members of the Council, shall be chosen by mutual election respectively from among the members of the Imperial Family of age and from among the judges of the Supreme Court other than the Chief Judge.
Article 29: The member of the Imperial Household Council who is the Chancellor shall preside over its meeting.
Article 30: There shall be appointed ten reserve members of the Imperial Household Council.; Regarding the reserve members for the Imperial Family member and the judge of the Supreme Court in the Council, the provision mentioned in Article 28 paragraph 3 shall apply mutatis mutandis.; The reserve members for the Presidents and Vice Presidents of the House of Representatives and of the House of Councillors in the Council shall be chosen by mutual election from among the members of the House of Representatives and of the House of Councillors.; The numbers of reserve members mentioned in the two preceding paragraphs shall be the same as the numbers of members in the Council, and the order of assuming their functions shall be determined at the time of the mutual election.; The reserve member for the Chancellor in the Council shall be the Minister of State who has been designated as the one to perform temporarily the functions of Chancellor under the provisions of the Cabinet Law.; The reserve member for the Grand Steward of the Imperial Household Agency in the Council shall be designated by the Chancellor from among the officials of the Imperial Household Agency.; In case there is a hindrance with regard to a member of the Council, or they are missing, the reserve member for them shall perform their functions.
Article 31: Regarding the President, the Vice President, and members of the House of Representatives mentioned in Article 28 and the preceding article, they shall be, in case the House has been dissolved and pending the election of the successors, those persons who were respectively the President, the Vice President, and members of the House at the time of its dissolution.
Article 32: The term of office for the members of the Council who are members of the Imperial Family and a judge other than the Chief Judge of the Supreme Court and their reserve members shall be four years.
Article 33: The Imperial Household Council shall be convened by the President of the Council.; The Imperial Household Council must be convoked, if demanded by four members or more, in the cases as under Article 03, Article 16 paragraph 2, Article 18, and Article 20.
Article 34: The Imperial Household Council, unless attended by six members or more, shall not open deliberations and make decisions.
Article 35: The deliberations of the Imperial Household Council shall be decided by a majority vote of two-thirds or more of the members present in the cases of Article 03, Article 16 paragraph 2, Article 18, and Article 20; and by a simple majority in all other cases.; In case of a tie in the case of the latter clause of the preceding paragraph, the President shall make the decision.
Article 36: A member shall not participate in the deliberation of any matter in which they have a special interest.
Article 37: The Imperial Household Council shall exercise only those powers which are provided for by this and other laws.

Section 06. Supplementary Provisions

Article 38: The present law shall come into force as from the day of the enforcement of the Constitution of the State of Japan.; The present members of the Imperial Family shall be considered as the members of the Imperial Family under this law; and, with regard to the application of the provisions of Article 06, they shall be considered the legitimate offspring in the legitimate male line.; The present Ryo and Bo shall be considered as the Ryo and Bo as under Article 27.