As the Constitution of the Empire of Japan, the Article 11 described that Emperor commands the Army and Navy, and in the Article 12, it described that Emperor decides the organization of the Army and Navy as well as the amount of troops, there was an opinion that the organization rights belonged to the supreme command, on the other hand, another opinion was that the organization rights of the army belonged to the Cabinet according to the Constitution of the Empire of Japan, the Article 55, Clause 1, saying that the Minister of State assists the Emperor and has the responsibility of the duty.
大日本帝国憲法第11条天皇は陸海軍を統帥す、大日本帝国憲法第12条天皇は陸海軍の編制及常備兵額を定むから編成権も統帥権に含まれるとする意見と、大日本帝国憲法第55条第1項国務各大臣は天皇を輔弼し其の責に任すから、軍の編成権は内閣が持つとする意見がある。