Recent Constitutional Changes in China

In an uncalled for move, China’s National Congress party voted unanimously to end the limits on Presidential and Vice-Presidential terms provided for by the Chinese Constitution. One of the main purposes of this amendment as is evident is to allow the Communist Party to lead for indefinite time and have a control over Chinese life and society. It is reflected in the overwhelming vote in favour of the amendment at 2958 out of 2964 delegates present and voting. Out of the rest, there were only two against while three counted as abstentions and one invalid.

Does this Amendment bring back History?

The incident is definitely a repetition of history of rules in China. The Chinese emperors and Mao Zedong were the only rulers who ruled China for lifetime until death. This practice was then put to an end by a system that was introduced in the 1980s by Deng Xiaoping. He was the chairman of the Communist Party of China before the party came to power in 1949 and till his death in 1976. He was wary of the negative impacts on the Chinese society due to indefinite rule of Mao and wanted to impose limits on rule.

Following closely the footsteps of Mao, Xi Jinping ensured a return to that era of Chinese rule.

What were the Changes that were introduced?

Along with extension of presidential term, several other key changes have been brought in favor of Xi. They are:

• Inclusion of his Thought – His thought or vision of China has been incorporated in the Constitution, giving it the highest priority.
• Officially recognizing the leadership of the Communist Party – An addition has been made into the Charter stating the rule by the Communist Party as the ‘most essential feature of socialism with Chinese characteristics’. Thus, it paved the way for barring other parties to enter Chinese politics and a single party system to prevail.
• National Supervisory Commission – This was a new disciplinary body set up along with the executive, judicial and prosecutorial departments. However, the body remains answerable to the Communist Party and the lower level units have to report to the local legislatures electing them and to the higher-level supervisory commissions.

Does it have any Positive Impact on China?

Although criticized vehemently for concentration of power, it is undeniable that Xi has a very singular vision of China, the impact of which is felt beyond the borders too. Since the time when Xi had taken up the Presidential post in 2012, he has been successful in establishing a grand vision of China to the developing as well as the developed world.

In fact, there is no clear successor to his post in the party. His descend from the post may create a void for the country. He even has a signature theory enshrined in the Chinese Constitution that indicates China’s vision for the near future. The theory is named as ‘Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.’ He has promised to take up bold steps in order to put China in the center of the world.

The Chinese media has portrayed Xi Jinping as father of the nation and the person who is equipped to lead the nation to becoming superpower. Thus, strengthening his leadership is one of the key factors for China’s success.

What is the Drawback of this Amendment?

The biggest drawback of this amendment relates to the exercise of power. It is criticized on the ground that an entire amendment is brought about at the instance of one powerful person as per his whims and fancies. This introduces an element of arbitrariness and makes the person a ‘judge in his own cause’. Further, all dissenting opinions have been ruled out drastically leaving no scope for debate in future policy making.

While it is acceptable that Xi has been able to prove himself as the strongest and the most decisive leader, at the same time his future actions will become unchallengeable. The problem will arise in case his policy making becomes wrong, which will become irreversible in the future. In simple words, popular opinion has been undermined by virtue of this amendment, which is not desirable in the age of freedom of expression.