CPA _ JAPAN

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 103Articles 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. BICAMERALISM IN THE JAPANESE DIET  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.

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 byArticle 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, 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. with 31 articles

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. ORGANIZATION OF CENTRAL GOVERNMENT IN JAPAN  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 andAgencies 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.

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. JAPANESE CIVIL SERVICE  The Japanese Civil Service underwent a significant transformation following the Meiji Restoration in 1868, which marked the advent 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 introduced as a basis competitive examination conducted in 1887, marking a substantial shift in the selection process. of modern Japan. The the for merit recruitment. for recruitment principle was first was The

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 rationalizing, and professionalizing the civil service in Japan. aimed at democratizing, modernizing,

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, 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. generalist bureaucrats,

22. Central Personnel Agency  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.

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. Classification and Recruitment:  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.

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 OccupationAuthorities 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. Training:  The training of civil servants in Japan falls under the purview of the National Personnel Authority (NPA). To facilitate this, the NPAhas 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.

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. Promotion  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.

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. Pay and Service Conditions:  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.

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.