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Unit 8: Constitutional Structure: Legislature
autonomous regions, and municipalities under the Central government, and the armed forces. The Notes
number of Deputies and the manner of their election shall be determined by law. The Standing
Committee will start work for holding elections two months before the expiry of the term of the NPC,
but the holding of elections may be postponed in exceptional situations. A decision to this effect must
be taken by 2/3 majority of the Standing Committee. The term of the NPC may be extended for any
duration, but it is laid down that fresh elections shall take place within one year of the expiration of
the abnormal situation. The NPC shall meet at least once in a year. The session shall be convened by
the Standing Committee. The special or extra-ordinary session of the NPC may also be convened
either by the Standing Committee or when 1/5 Deputies of the NPC so desire. Before the
commencement of the session, the NPC shall elect a Presidium to conduct its proceedings.
The Constitution specifies functions and powers of the NPC in a very elaborate manner. These are:
1. To amend the Constitution,
2. To supervise enforcement of the Constitution,
3. To enact and amend basic statutes concerning criminal offences, civil affairs, State organs and
other matters,
4. To elect President and Vice-President of the Republic,
5. To confirm the nominations of the Premier, Vice-Premiers, State Councillors, Ministers in-charge
of departments and commissions, Auditor-General and Secretary-General of the State Council
after their names are recommended by the President,
6. To elect the Chairman and members of the Central Military Commission,
7. To elect the President of the Supreme People’s Court,
8. To elect the Procurator-General of the Supreme People’s Procuratorate,
9. To examine and approve the plan for national economic and social development and report on
its implementation,
10. To examine and approve the State Budget and report on its implementation,
11. To alter or annul inappropriate decisions of the Standing Committee of the NPC,
12. To approve the establishment of provinces, autonomous regions and municipalities directly
under Central Government
13. To decide on the establishment of special administrative regions and the system to be introduced
there,
14. To decide matters relating to war and peace, and
15. To exercise such other functions and powers as the highest organ of State power should require.
Besides, the NPC has the power to recall or remove the President, Vice-President, Premier, Vice-
Premiers, State Councillors, Ministers in-charge of ministries and commissions, Auditor-General and
Secretary-General of the State Council, Chairman and members of the Central Military Commission,
President of the Supreme People’s Procuratorate and Procurator-General of the Supreme People’s
Procuratorate.
A technical difference is made between ordinary and constitutional legislation. It says that all bills
and statutes must be passed by absolute majority of the House, but constitutional amendment bills
proposed either by the State Council or by 1/5 members of the NPC must be passed by 2/3 majority
of all deputies of the NPC. In this sense, the new Constitution has a rigid character at least for the
sake of an argument.
With a view to retain the former system, the NPC has been provided with a Standing Committee
consisting of a Chairman, Vice-Chairmen, a Secretary-General and some members, but none shall
simultaneously hold any office in any of the administrative, judicial or procuratorial organs of the
state. It is also provided that its term is linked with the term of the NPC, but it shall continue to work
until the new SC is composed. A new arrangement is that its President and Vice-President cannot
serve for more than two consecutive terms. Another important point to be taken note of at this stage
is that now its functions and powers have been enlarged. These are:
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