Article 9 of the Japanese Constitution

Article 9 is Japan's constitutional commitment to pacifism and restraint in the use of military power. It renounces war as a sovereign right, prohibits the threat or use of force to settle international disputes, and denies the maintenance of war potential and the state's right of belligerency.

Constitutional restraints

Article 9 contains two connected paragraphs that limit both the purposes for which force may be used and the military capabilities that the state may maintain.

• Japan forever renounces war as a sovereign right of the nation.
• It renounces the threat or use of force as a means of settling international disputes.
• It declares that land, sea and air forces, as well as other war potential, shall never be maintained.
• It states that the right of belligerency of the state shall not be recognised.

Interpretation and practical operation

The Japanese government interprets Article 9 as not denying Japan's inherent right of self-defence. It therefore maintains the Japan Self-Defense Forces, while holding that military capability must remain within the minimum necessary level for self-defence.

• This interpretation distinguishes constitutionally permissible self-defence capability from prohibited war potential.
• Japan's security legislation permits a limited exercise of collective self-defence when specified conditions affecting Japan's survival and citizens' rights are met.
• Article 9 consequently restrains Japan's military posture without making the state incapable of defending itself.

Relevance to India-Japan defence cooperation

Article 9 helps explain Japan's traditionally defensive security posture and the legal sensitivity surrounding any expansion of its military role. India-Japan cooperation therefore emphasises maritime security, exercises, logistics, technology and a rules-based regional order within Japan's constitutional framework.