The original Constitution of East Germany (the German Democratic Republic; ) was promulgated on 7 October 1949. It was heavily based on the Weimar Constitution () and nominally established the GDR as a liberal democratic republic. In 1968, the East German government adopted a new, fully Communist constitution that was based on Marxism–Leninism, political unitarism, and collective leadership. There were further amendments to the 1968 constitution in 1974. With the political events of 1989, the 1968 constitution was purged of its Communist character. There were attempts to draft a completely new constitution for East Germany, but these efforts never materialized as momentum grew for unification with West Germany (the Federal Republic of Germany). The following October, East Germany ceased to exist, and its territory merged into West Germany.
Background
In 1947 the German People's Congress met in Berlin. The People's Congress was meant to be an alternative to the Western London Conference of Foreign Ministers taking place at the same time. The People's Congress' aim was to establish an assembly which would represent the entire German nation and determine the nation's political future and prevent the division of post-war Germany. In all there were 2215 delegates sent to the congress (664 of whom represented Germans in zones occupied by the Western Powers). The second Congress, which had by this point been outlawed in Western occupied zones, met a year later and elected a Council (Volksrat). This council would seek to serve as an assembly representing the entire country, irrespective of occupying nation. This assembly designated a committee whose task it was to develop a constitution. Future Minister-President Otto Grotewohl was the chairman of this committee. An election was held in May 1949 to designate a People's Council. The German People's Congress met for a third time in 1949 and accepted the drafted constitution. On October 7, 1949, the People's Council then became the People's Chamber of the East German Republic, and the Peoples' Congress was reformed into the National Front political bloc, a process that was concluded with the formal establishment of the German Democratic Republic.Thomaneck Mellis 1989, pp.12–31
1949 constitution
Fundamentals of State Authority
The constitution begins by declaring the indivisibility of the German people as a nationality, and primacy of the states () in politics. The federal government is to be limited in its authority to issues which affect the whole of the nation, all other affairs falling to the states. Berlin is declared as the capital of the Republic.State Department 2015, p. 2
The people are declared as the true source of political authority. Citizens therefore have the right to engage in political life at the local, county, and national level. This participation includes the right to vote in elections, referendums, and initiatives. Citizens also have the right to stand for election, and have the right to enter into public life whether it be political office or in the administration of justice. Citizens also have the right to petition the government.
Due to the authority emanating from the people, the constitution states the government must serve the common welfare of the people. This includes their personal liberty, providing for the general peace, and protecting democracy. Those people who are elected to office are ultimately responsible to their representative body and not to their individual party.
The constitution of the Republic is declared as the basis for all governmental action and the government must abide by its principles. The people have the right to resist any action which takes place outside of these principles. The people of the Republic and the government are also subject to international laws and statutes.State Department 2015, pp. 2–3
The Rights of the Citizen
The second section of the constitution deals with the rights of citizens. All citizens are declared equal before the law. However a citizen convicted of a felony is disqualified from certain rights and privileges, including the right to vote and hold public office. Gender equality is enshrined and any law which limits the equality of women is abolished.State Department 2015, p. 3
Citizens have the right to personal liberty, privacy of the home and of the mail, and the right to live where they choose. Citizens have the right to freedom of expression within constitutionally applicable laws. This includes the freedom to assemble peacefully and unarmed. No person shall have these freedoms infringed based on their employment.
The constitution declares the freedom of the press from censorship. No citizen may be extradited, nor can non-citizens be extradited provided they are engaged in struggle similar in principle to the constitution. Citizens have the right to emigrate, and any changes to this law must be applicable to the whole nation and not on an individual basis. People have the right to free ethnic education and development. No person shall be deprived of using their native language in the judicial system, education, or politics.State Department 2015, pp. 3–4
Citizens are free to form societies and associations. Associations which are aligned with constitutional principles and which support democracy may be permitted to stand candidates for election.State Department 2015, p. 4
The people have a right to labor organizing, and recognized trade unions have the right to call a strike action. The right to work is guaranteed. Every worker is entitled to recreation, annual vacation leave, sick leave and old age pension. Sundays, holidays, and May 1st are protected by law as days of rest. Citizens also have by right social insurance which provides for health, old age assistance, motherhood assistance, disability, etc. These rights shall be exercised through trade unions and work councils. All people have the right to a social insurance which provides for health, old age assistance, motherhood assistance, disability assistance, etc.State Department 2015, pp. 4–5
The Economic Order
The economy of the Republic is to be structured from the principles of social justice and the need to provide all people with an existence of human dignity. The constitution declares the economy must benefit the whole people and that each person will receive their fair share of the yield of production. Free enterprise is permitted as long as it fits within this scope.State Department 2015, p. 5
The government will support co-operatives and the development of farmers, traders, and craftsmen. The economy is to be overseen by legislative bodies and it is the task of public officials to supervise and implement this economic plan. Private property is guaranteed by the state if it can exist within this scope. Inheritance is also guaranteed with inheritance tax being determined by law. Any restrictions on private property must be imposed only for the benefit of the general public.
Property and enterprises owned by war profiteers and Nazis is to be appropriated by the state without compensation. All monopolistic enterprises which seek to control production are to be abolished and prohibited. Large estates over 100 hectares are to be dissolved and redistributed without compensation.
Farmers are guaranteed ownership of their land, and intellectual workers are guaranteed rights by the state.State Department 2015, p. 6
All mineral and exploitable resources are to be transferred to public ownership. The state shall ensure their use for the benefit of the whole of society.
Every citizen and family is entitled to a healthy and suitable dwelling. Considerations shall be made for victims of fascism, resettled people, severely disabled people, etc.State Department 2015, pp. 6–7
Property and income shall be progressively taxed with consideration made for family obligations.
Family and Motherhood
The constitution declares the family as being the foundation of collective life and is thus protected by the state. All laws pertaining to the family which undermine the equality of women are abrogated. During a woman's pregnancy she has the right to maternal care and protection from the state. The constitution outlines that institutions which protect a mother and children in their rights are to be created. Extramarital birth cannot not be ground for discrimination in any way, whether against the child or parents. Any former laws which go against this mandate are abrogated.State Department 2015, pp. 7–8
Education Every citizen has an equal right to an education, may freely choose their vocation, and the teaching of art and science shall be free. The Laender will establish public school systems and the logistics for their operation, the Republic shall issue legislation to outline their basic function, and provide for the training of teachers.State Department 2015, p. 7
It is the duty of the school to educate the students in the spirit of democracy and culture, to the end of making them responsible individuals who take part in their community. Parents shall be involved in the educational system through parent's councils.
Education is compulsory until the end of a student's 18th year. After finishing primary school, students will enter into with vocational/training or public schools. All students will also be afforded an opportunity to prepare for their admission to university through use of preparatory schools. These rights are extended to all the population.
Education is to be free. This means tuition, all text books, and instruction material that is used in compulsory education is to be furnished without cost. Scholarships will be provided to students as well based on need.
Religious education is reserved for religious institutions. These institutions are guaranteed the right to conduct religious education.
Organization of State Authority Popular Representative Body
The Volkskammer was referred to as the "highest organ of the Republic" (), but not as the "supreme organ of state power" (as in the Soviet model and the 1968 constitution); the 1949 constitution made reference neither to the traditional system of separate legislative, executive, and judicial branches nor to the single-branch model of fully communist constitutions.
The members of the Volkskammer, 400 in number, were constitutionally defined as representatives of "the people as a whole" and were nominally prohibited from having an imperative mandate. The Volkskammer was elected in universal, equal, direct elections on a secret ballot, by a system of proportional representation, for a term of four years; freedom and secrecy of the ballot were constitutionally guaranteed.State Department 2015, p. 11 In practice, both the prohibition of an imperative mandate and the constitutional guarantees of proportional representation and free elections were not followed; Volkskammer elections were done by a single "unity list" drawn up by the National Front of East Germany, and the allocation of seats between the SED and its bloc parties was based on pre-agreed quotas rather than voters' preferences.
All citizens over 18 years of age were eligible to vote and citizens over 21 years of age were permitted to stand for election.
The President was to convene the assembly no later than 30 days after an election. Elections were meant to take place no later than 60 days after a legislative term. In order for the assembly to dissolve (of its own power) more than half of the assembly must have consented.
The Volkskammer elected a Presidium, consisting of the President of the Volkskammer, the vice-presidents, and associate members. The Presidium was to stay in office until the next legislative section. When the assembly was not in session, three committees were to be elected to maintain government functioning: the Committee of General Affairs, the Committee of Economic and Financial affairs, and the Committee of Foreign Affairs.