Russian Constitution of 1906 - Provisions

Provisions

The Russian Constitution of 1906 contained an introduction and eleven chapters: comprising a total of 124 articles:

  • The Introduction (Articles 1-3) declared that Russia was "one and indivisible", and mandated the use of Russian in the armed forces and other public institutions. It also acknowledged the Grand Principality of Finland as an "inseparable part of the Russian state", while ambiguiously acknowledging its special legislative and political status.
  • Chapter One (Articles 4-24) concerned "the essence of the supreme autocratic power", declaring that the emperor possessed "supreme sovereign power", and that obedience to his commands was mandated by God himself. It provided for the ruler's prerogatives, while making him personally inviolable. The Tsar possessed an absolute veto over all legislation, legislative initiative on all matters, and the sole prerogative to initiate any revison of the constitution itself. The emperor had charge over Russia's administrative and external affairs, and sole power to declare war, make peace and negotiate treaties, as well as the supreme command of the armed forces. The emperor also retained authority over the minting of money, as well as the right to grant pardons and quash judicial proceedings. He appointed and dismissed his ministers at will, and decided the nature and scope of their duties.
  • Chapter Two (Articles 25-39) regulated the order of succession to the throne. The thrones of Poland and Finland were declared "inseparable" from that of Russia, while precise rules on succession to the throne were spelled out. Females were eligible to succeed, though they were placed last in order behind all male descendants of Romanov emperors. A female ruler was guaranteed all the prerogatives and privileges of the imperial office, though her consort was not to take the title of "emperor". Children born to a marriage between a dynastic Romanov and a person "not of corresponding dignity" (defined as "not belonging to any royal or sovereign house") were ineligible for the throne, as was any person who inherited the throne while ruling over another nation whose state religion was not Orthodox, if unwilling to renounce that other throne and faith.
  • Chapter Three (Articles 40-82) concerned issues of regency and guardianship, if the emperor was a minor. The age of majority was established at sixteen, and instructions were given concerning the appointment of a regent and a mandatory regency council, together with the prerogatives exercised by the same.
  • Chapter Four (Articles 53-56) concerned accession to the throne and the Oath of Allegiance to be sworn by all male citizens of the empire, aged twenty and above, each "according to his faith and law".
  • Chapter Five (Articles 57-58) concerned the coronation and anointing of a new sovereign, which was to take place "according to the rite of the Greco-Russian Orthodox Church." Explanatory Note 1 at the end of this chapter indicated that the emperor was conjointly crowned Emperor of Russia and King of Poland. Explanatory Note 2 required him to recite the Nicene Creed according to the Orthodox Christian formula (without the filioque clause), and mandated a specific prayer for him to recite during the ceremony while wearing the Imperial Crown of Russia and holding the sceptre and orb.
  • Chapter Six (Articles 59-61) concerned the many formal titles held by the Russian sovereign, together with the precise makeup of the Russian state coat of arms and seal.
  • Chapter Seven (Articles 62-68) concerned the relationship of the Russian state to the various religions professed by its subjects. The Orthodox faith was declared the state religion, and both the emperor and his or her consort were required to profess that religion. The Tsar was named as the "supreme defender and guardian" of the Russian Orthodox Church, while those of other confessions were promised full religious liberty, which was also extended to "Jews, Muslims and heathens."
  • Chapter Eight (Articles 69-83) concerned the "rights and obligations" of Russian citizens. Citizens were guaranteed protection from arbitrary arrest and imprisonment, the inviolability of their domiciles, protection from illegal search and seizure, the right to travel (subject to restriction), and the right to own private property. Other rights promised in the document included freedom of assembly, freedom of expression, to organize unions and similar organizations, and freedom of religion. Military service was mandatory for all male subjects called to it, regardless of social rank, and payment of taxes and performance of "other duties in accordance with lawful decrees" was required.
  • Chapter Nine (Articles 84-97) concerned the promulgation of laws. Article 86 required the approval of the emperor, Duma and State Council for all laws, while Article 87 permitted the Tsar and his cabinet to issue decrees during times when the Duma was not in session. However, these lost their validity if not introduced to the new Duma within two months of its convocation, or if the new Duma or Council refused to confirm them. This article furthermore prohibited the emperor from using this authority to change the Constitution itself, or to change the laws for election to the Duma or Council. Nicholas' violation of this provision during the so-called Coup of June 1907 would irreparably damage his reputation among Russian liberals, and led many to conclude that the entire Russian Constitution was ultimately a sham. This contributed to more revolutionary agitation, and to the Tsar's eventual overthrow in February 1917.
  • Chapter Ten (Articles 98-119) regulated the modus operandi of the State Council and Duma. Both were required to meet at least once per year, though the duration of their sessions and the length of their recess were the emperor's prerogative. The Tsar was granted the right to appoint up to one-half of the membership of the State Council, while members of the Duma were to be elected for a five-year term according to the state election statutes. Both houses possessed equal rights in legislative matters, while either or both of them could be dissolved at any time by the emperor, though new elections for the Duma must be announced at the same time as its dissolution. Both houses possessed the right of legislative initiative, save in respect to the constitution itself; amendments to the constitution could only be proposed by the monarch. The Imperial Court Ministry was not subject to the Duma's control. Securing of governmental loans was also beyond the legislature's purview, nor was it permitted to refuse or reduce funds to repay such obligations. The Duma was equally prohibited from using its budgetary power to deny manpower requests from the Army or Navy; should the legislature not approve such a petition, the military was allowed to call a new number of draftees equal to the previous year's number.
  • Chapter Eleven (Articles 120-124) concerned the Council of Ministers. It established the office of Chairman of the Council of Ministers, and made all members of this council responsible to the emperor for their actions. "Regulations, instructions or orders" issued by this council, or any member thereof, could not contradict existing law. Ministers could be interrogated by either the State Council or Duma for their actions while in office, but only the Tsar could remove them. The Russian system did not offer any right of impeachment to the legislative branch of government.

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