Q) Examine the Main features of the constitution of China.
Ans) Introduction –
China is a socialist country. There is supremacy of socialist ideology in China.
The Chinese Constitution accepts the leadership of the Communist Party of China (CPC). Communist Party of China (CPC) is the largest political party in the world, having millions of local level members.
The constitution of the people’s Republic of China is nominally the supreme law of the People’s Republic of China. It was adopted by the 5th National People’s Congress on December 4, 1982, with further revisions about every five (5) years. It is the fourth constitution in tha Country’s history, superseding the 1954 constitution, the 1975 constitution and the 1978 constitution.
Organisation and role of Communist Party of China
Main features of the constitution of China
Following are the salient features of constitution of China-
1. Preamble –
It affirms that the “constitution of chinese society from a new democratic to socialist was effected”. It enshrined that China will concentrate its efforts on social modernisation through hard work & self reliance.
2. Written & enacted constitution –
The constitution of People Republic of China is written in nature. It is a brief document containing 138 articles, divided into 4 chapters. Though, it is brief yet it lays down in sufficient detail the political, social and economic objectives of the regime. It details not only with the structure of the state machinery but also embodies a program for future.
It was drafted by National Constitution revision committee, discussed by the standing committee & the people & passed by the NPC (National People’s Congress) on 4th December, 1982. It contains 138 articles, divided into 4 chapters.
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3) Flexible Constitution –
The Chinese constitution of 1982 is a flexible. Article 64 of the constitution declares, “Amendments to the constitution are to be propose by the standing committee of National People Congress(NPC) and by more than 1/5th of the deputies to the NPC and adopted by the majority vote of more than 2/3rd of all the deputies to the congress”. Statues and resolutions are adopted by simple majority of the deputies of National Peoples Congress. In comparison with other rigid constitutions of the world, the procedure of amendment in the Chinese constitution is easier. Thus, the constitution is not rigid but flexible.
4) Unitary system –
The 1982 Constitution like the previous ones (1954.1975.1978) provides for a unitary system. It provides for the centralization of powers at the Centre. Though there are provinces autonomous regimes and municipalities, but they are given powers by the Central Government, which can be taken always whenever it is so desired.
5) People’s Republic –
Artical – 2 of the constitution says that all powers of the People’s Republic of China belong to the people, which are exercised through National Congress and Local Peoples Congress. The people administer the state affairs and manage their economic, social and other affairs through various channels in various ways in accordance with laws.
6) Democratic Centralism-
The Article-III of the constitution lays down that the state organs of People Republic of China apply the principle of democratic centralism. The National People at different levels is instituted through democratic election and responsible to the people. All the state organs are created by the people’s congresses. The division of powers and functions between the Centre and the local state organs is guided by the principle of giving full play to initiative and enthusiasm of local authorities under the unified leadership of central authorities. The government of the People Republic of China is a government of the People’s Congress on the principle of democratic centralism.
7) Parliamentary System –
The 1982 Constitution lays down a system of government which resembles the Parliamentary system. The Cabinet is called State Council & PM is called Premier(real head). He is choosen by NPC. All other members of State Council are appointed by NPC. Top leaders of CPC are also its members.
8) Faith in the Sovereignty of the Popular will –
All powers in china belongs to the people. The people administer the state affairs & manages economic, cultural, social affairs in accordance with the law. Article 5 states that ” All state organ, the armed forces, political parties, public organization must abidee by the Constitution & law.
9) Unicameral Legislature-
The constitution of the People Republic of China declares that there will be a unicameral legislature to be known as National People’s Congress (NPC). It is the highest organ of the state power and the sole legislative assembly of China. It is repository of all powers and authority in the country and people exercise their powers through it. Its deputies are directly elected by the people.
10) Fundamental Rights and Duties-
The Article 33-56 of Chapter II of the constitution give a detail description of the fundamental rights and duties of the citizens. The individual’s rights include right to vote, freedom of religion, freedom of speech, freedom of press, freedom of assembly, freedom of association, freedom of procession and of demonstration. The state also protects the right of citizens and their lawfully earned income saving, house, property and also his right to inherit property. The important duties include to safeguard the unity of the country, to abide by the laws of constitution, to defend the motherland and resist aggression, to perform.
11) Public Interest –
The state forbids any person to use his private property to the detriment of the public interest. Again, it must be noted that in China, it is the government and in ultimate sense, the Communist Party that wholly determines what that “Public Interest” is.
12) No Discrimination and Exploitation-
The constitution of China declares that all nationalities are equal which a major characteristic of chines constitution is. All types of discrimination or oppression with any nationality and acts, which undermine the unity of the nationalities are prohibited. It also disbands the exploitation of man by man or exploitation of men by state.
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