The State Council of China
(Composition,Power and functions of the State Council of China)
According to the Constitution, the State Council is “the Central People’s Government”. It has been described as the executive body of the highest organ of state power (i.e. of the National Peope’s Congress). It is the “supreme organ of state administration”.
Composition and Term
The State Council is composed of (a) the Premier (Prime Minister), (b) several Vice- Premiers, (c) other Ministers, and (d) Ministers heading the commission, (e) State Councillors, (f) Auditor-General, and (g) the Secretary-General.
The Premier presides over the work of the State Council and the Vice-Premiers assist the Premier in the discharge of his functions. The number of members of the State Council vary from 45 to 53. Since such a large body cannot conduct day-to-day activities effectively, an inner circle called the “Cabinet” has developed. This Cabinet which consists of the Premier and the Vice-Premiers is the real Government of the country. The Premier is elected by the National People’s Congress upon the nomination by the President of China. Other members of the State Council are also elected by the National People’s Congress upon the nomination of the premier.
The term of office of the State Council is five years. But before its term expires, President can remove the Premier and other members of the State Council if the National People’s Congress and its Standing Committee so decide. The Premier, Vice-Premiers, and State Councillors may be elected for the second term. But they cannot serve more than two consecutive terms.
Powers and Functions
The State Council is the chief administrative organ of government. It has considerable powers which are of great constitutional significance. These powers and functions are:
(1) It formulates administrative measures, takes decisions and issues orders and verify their execution, in accordance with the Constitution, laws and decrees.
(2) It initiates legislative proposals to the NPC or the Standing Committee.
(3) It exercises unified leadership over the work of the ministries and commissions and other organisations under it.
(4) It exercises unified leadership over the work of local organs of state administration at various levels throughout the country.
(5) It draws up and implements the national economic plan and the state budgets; it guides the national economy.
(6) It takes measures to protect state interests, maintain public order and to safeguard the rights of the citizens.
(7) It confirms proposals for administrative provisions throughout the country.
(8) It appoints and removes administrative personnel according to the provisions of the law.
(9) It conducts foreign affairs and concludes treaties with foreign states.
(10) It directs and administers the building of national defence.
(11) It exercises such other functions and powers as may be vested in it by NPC or its Standing Committee.
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