1.
Legislative
Powers:
The
Constitution places all law-making powers in the hands of the National People’s
Congress and its Standing Committee. Being a unicameral legislature
of a unitary state, the National People’s Congress can make laws on all
subjects either by itself or as suggested by its Standing Committee.
In
effect, the NPC enacts and amends basic statutes (a written law) relating to
criminal offences, civil affairs, state organs and other matters which the
Congress may deem it fit, necessary and expedient to legislate.
On
all other subjects, the 1982 Constitution gives legislative power to the
Standing Committee. Previously all law-making powers were theoretically in the
hands of the NPC but used to be really exercised by its Standing Committee.
This informal arrangement has been formally recognized by the Constitution of
1982.
Now
the Standing Committee and the NPC share the law-making powers. All the
law-making powers of the NPC are exercised by its Standing Committee when the
former is not in session. Since its sessions are held for very short durations
and after long gaps, the law-making powers are really exercised by the Standing
Committee.
2.
Amendment
Powers:
The
National People’s Congress has the power to amend the Constitution. An
amendment to the Constitution can be proposed either by the Standing Committee
or by at least 1/5th of the Deputies of the NPC. For incorporating an
amendment, the NPC has to pass the proposal by a 2/3rd majority of all the
Deputies.
Further, the NPC has the responsibility to supervise the enforcement of the Constitution. The Constitution is the supreme law and its dignity has to be upheld by all the state organs. Since the highest organ of state power is the NPC, it becomes its supreme responsibility to maintain the supremacy of the Law and the Constitution.
Electoral Functions:
The
National People’s Congress performs several important electoral functions:
· ✔ It elects the
President and the Vice-President of the People’s Republic of China. Each has a
tenure of 5 years. As such, after every 5 years the NPC elects the President
and the Vice-President.
· ✔ The National People’s Congress elects the Premier of the State Council i. e. the Prime Minister of China. According to the Constitution, the name of the person is proposed by the President of the Republic and the NPC takes the final decision in choosing the Premier. Thereafter, the President formally appoints the Premier.
· ✔ On the recommendation of the Premier, the National People’s Congress appoints all the members of the State Council (Cabinet) the Vice-Premiers, State Councilors, Ministers, the Auditor-General and the Secretary General of the State Council.
· ✔ The NPC elects the Chairman of the Central Military Commission and upon his recommendation appoints all other members of the Military Commission.
· ✔ The NPC elects the President (CJ) of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuratorate. Other Judges of the Supreme People’s Court and other members of the Supreme People’s Procuratorate are appointed by the Standing Committee of the NPC.
· ✔ The National People’s Congress elects its Standing Committee which regularly performs the assigned law-making functions, and all other functions of the NPC when it is not in session. All the decisions of the Standing Committee require the approval of the NPC. But it is only a formality. In practice, the NPC always endorses the decisions of the Standing Committee. Thus, the NPC performs several important electoral functions.
Power of Removal:
The
officials of the State —the President and the Vice-President of the People’s
Republic of China, the Premier, the members of the State Council, the members
of the Standing Committee, the chairman and members of the Military Commission
etc., in fact all officials who are elected/appointed by the NPC, can also be
removed by it. However, the real power of appointment and removal rests with
the top brass of the hierarchy of the Communist leadership of China.
5.
Power
to Create Provinces:
The
National People’s Congress has the power to approve the establishment of
provinces, autonomous regions and municipalities directly under the Central
Government. The NPC alone can alter or fix their boundaries. Special
administrative regions can be established only by it.
6.
Power
to Make War and Peace:
The
National People’s Congress has the power to take all decisions on questions of
war and peace. In other words, like the U.S. Congress, China’s National
People’s Congress has the right to declare war and to conclude peace. All such
decisions require its approval.
Financial and Planning Functions:
All
economic and social planning in China is controlled by the National People’s
Congress. It examines and gives approval to all development plans. All reports
on the implementation of the development plans are reviewed by the NPC. The
budget of the government is passed by the NPC. The reports on the
implementation of the Budget are also reviewed by the NPC.
8.
Power
to Establish Several Commissions and Committees:
The
National People’s Congress establishes several Commissions and Committees — the
Nationalities Commission, a Law Committee, a Financial and Economic Committee,
an Education Science, Cultural and Public Health Committee, a Foreign Affairs
Committee, an Overseas Chinese Committee, and all other such committees as are
necessary for the state.
These
committees and commissions are responsible to the NPC. When the NPC is not in
session, the Standing Committee supervises these and enforces their
responsibility. Further, the NPC can appoint committees of inquiry for
examining specific questions.
9.
Power
to Enforce the Responsibility of the State Council:
For all its activities, the State Council is responsible before the NPC. The Deputies of the NPC have the right to address questions to the State Council or the Ministers and Commissions. All such questions have to be answered in a responsible manner. However, there is no such thing as collective responsibility of the State Council to the NPC.
Other Powers:
The
1982 Constitution categorically states that the National People’s Congress has
the authority “to exercise such other functions and powers as the highest organ
of state power should exercise”. In other words, the NPC enjoys a free hand in
exercising power even in respect of matters not specifically given to it by the
Constitution.