BURMA PRESS
SUMMARY
From the Rangoon "The New Light of Myanmar"
Compiled for the Burma Studies Group by Hugh C. MacDougall
Published by the Center for East Asian and Pacific Studies, University of
Illinois
Volume X, No. 3, March 1996
NATIONAL CONVENTION
Committee Meetings
Plenary Session
Chapter on The Legislature
Chapter on The Executive
Chapter on The Judiciary
Closing Address
NATIONAL
CONVENTION
Committee
Meetings
Panels of Chairmen and members of delegates
groups met to discuss the chapters on the Legislature, the Executive, and the
Judiciary, to hold coordination meetings, and to discuss clarifications of the
Chairman of the National Convention Convening Work Committee U Aung Toe:
Mar. 1: Intellectuals and intelligentsia.
(NLM 3/2)
Mar. 4: Peasants; Intellectuals and
intelligentsia; Other invited persons; Political parties;
Representatives-elect; Nationalities. (NLM 3/5)
Mar. 5: State service personnel. (NLM 3/ 6)
Mar. 6: Workers; Intellectuals and
intelligentsia; Political parties; Representatives-elect. (NLM 3/7)
Mar. 7: Peasants; National races. (NLM 3/ 8)
Mar. 8: Other invited persons; National
races. (NLM 3/9)
Mar. 11: Peasants; Intellectuals and
intelligentsia; National races. (NLM 3/12)
Mar. 12: Workers; State service personnel; Political
parties. (NLM 3/13)
Mar. 13: Peasants; Political parties;
Representatives-elect. (NLM 3/14)
Mar. 14: Representatives-elect; National
races. (NLM 3/15)
Mar. 15: Other invited persons; Political
parties; Representatives-elect. (NLM 3/16)
Mar. 18: Other invited persons. (NLM 3/ 19)
Plenary Session
Mar. 21: The Plenary Session of the National
Convention will resume on Mar. 28 at the Central Meeting Hall in the
President's Residence Compound on
Mar. 28: The Plenary Session of the National
Convention resumed, with 527 of 586 delegates present.
Chapter
on The Legislature
Chairman of the National Convention Convening
Work Committee U Aung Toe presented the "detailed basic principles laid
down to serve as basis in formation of the legislature to be included in
writing the State Constitution [full text]:
Esteemed Chairman and Delegates,
Now, detailed basic principles on formation
concerning the legislature have been laid down in accord with suggestions given
by a large number of delegates. These principles are presented together
herewith to be easily known by the delegates.
1. In connection with the legislature,
(a) the legislative powers of the State are
distributed among Pyidaungsu Hluttaw, region hluttaws and state hluttaws;
(b) legislative power prescribed by the
Constitution is distributed to self-administered areas.
2. In connection with the two Hluttaws,
(a) the Hluttaw formed with Hluttaw
representatives elected on the basis of population and Tatmadaw member
representatives nominated by the Commander-in-Chief of the Defence Services
shall be known as Pyithu Hluttaw;
(b) the Hluttaw formed with Hluttaw
representatives elected in equal numbers from regions and states and Tatmadaw
member Hluttaw representatives nominated by the Commander-in-Chief of the
Defence Services shall be known as the Amyotha Hluttaw.
3. In connection with formation of the
Pyidaungsu Hluttaw --
Pyidaungsu Hluttaw comprises the following
two Hluttaws:
(a) Pyithu Hluttaw formed with Hluttaw
representatives elected on the basis of population and Tatmadaw member Hluttaw
representatives nominated by the Commander-in-Chief of the Defence Services;
(b) Amyotha Hluttaw formed with Hluttaw
representatives elected in equal numbers from regions and states and Tatmadaw
member representatives nominated by the Commander-in-Chief of the Defence
Services.
[PYITHU HLUTTAW]
4. In connection with formation of Pyithu
Hluttaw --
Pyithu Hluttaw shall be formed with a maximum
of 440 Hluttaw representatives, as follows:
(a) Not more than 330 Hluttaw representatives
elected on the basis of population;
(b) Not more than 110 Tatmadaw member
representatives nominated in accord with law by the Commander-in-Chief of the
Defence Services.
[Pyithu Hluttaw leaders]
5. In connection with the leaders and the
deputy leaders of respective Hluttaws,
-- the leader who is to lead in supervising
the Hluttaw meeting held for the taking of oath of office by Hluttaw
representatives and electing of Hluttaw okkahta and deputy okkahta on the day
of commencement of the first Hluttaw meeting for each tenure of a Hluttaw
concerned shall be called thabapati; the leader and the deputy leader of
Pyidaungsu Hluttaw shall be called nayaka and the deputy nayaka; the leader and
the deputy leader of Pyithu Hluttaw, Amyotha Hluttaw, region hluttaw or state
hluttaw shall be called okkahta and deputy okkahta.
6. In connection with election of thabapati
of Pyithu Hluttaw,
(a) a Pyithu Hluttaw representative shall be
elected as thabapati of Pyithu Hluttaw at the commencement of the first meeting
of Pyithu Hluttaw for each tenure of Pyithu Hluttaw;
(b) the thabapati shall take the oath of
office before the Pyithu Hluttaw;
(c) the thabapati shall supervise the Pyithu
Hluttaw meeting till completion of election of okkahta and deputy okkahta of
Pyithu Hluttaw.
7. In connection with election of okkahta and
deputy okkahta of Pyithu Hluttaw,
(a) in Pyithu Hluttaw,
(1) Pyithu Hluttaw representatives shall
elect one okkahta and one deputy okkahta from amongst Pyithu Hluttaw representatives;
(2) In the event the post of okkahta or
deputy okkahta becomes vacant, a replacement shall be elected at the nearest
meeting of Pyithu Hluttaw;
(3) In the event okkahta is unable to perform
the duties of okkahta, deputy okkahta shall temporarily perform the duties of
okkahta.
(b) methods for electing okkahta and deputy
okkahta of Pyithu Hluttaw shall be prescribed by law.
8. In connection with performance and
terminations of duties of okkahta and deputy okkahta of Pyithu Hluttaw,
(a) Okkahta and deputy okkahta of Pyithu
Hluttaw shall perform their duties up to the time before commencement of the
first meeting of the next tenure of Pyithu Hluttaw;
(b) Okkahta and deputy okkahta, in the event
of resigning from the post, being caused to cease to be Pyithu Hluttaw
representative, having no right to continue to be Pyithu Hluttaw
representative, being withdrawn by Pyithu Hluttaw from duties of okkahta or
deputy okkahta, or passing away, shall have been caused to cease to be okkahta
or deputy okkahta.
9. In connection with responsibilities,
rights and privileges of okkahta and deputy okkahta of Pyithu Hluttaw,
-- responsibilities, rights and privileges of
okkahta and deputy okkahta of Pyithu Hluttaw shall be prescribed by law.
10. In connection with the status of okkahta
and deputy okkahta of Pyithu Hluttaw,
-- Okkahta of Pyithu Hluttaw is prescribed to
be of the same status as Vice-President, and the deputy okkahta is prescribed
to be of the same status as Union Minister, for the purpose of reference in prescribing
by law responsibilities, rights and privileges of okkahta and deputy okkahta of
Pyithu Hluttaw.
[Pyithu Hluttaw Committees]
11. In Pyithu Hluttaw,
(a) In connection with formation of Pyithu
Hluttaw committees,
(1) Pyithu Hluttaw shall form bills
committee, public accounts committee, Hluttaw rights committee, and
government's guarantees, pledges and undertakings scrutiny committee with
Pyithu Hluttaw representatives;
(2) In the even occasion arises to have
studies made and submitted on defence and security matters or Tatmadaw affairs,
Pyithu Hluttaw shall form the defence and security committee with Tatmadaw
member Pyithu Hluttaw representatives, prescribing a period of time for it. The
defence and security committee so formed may if necessary co-opt non-Tatmadaw
member Pyithu Hluttaw representatives in accord with the requirements at work;
(3) If necessary to have studies made and
submitted on legislative affairs, executive affairs, national races affairs,
economic affairs, financial affairs, social affairs, foreign affairs or other
affairs, Hluttaw committees may be formed with Pyithu Hluttaw representatives,
with a period of time prescribed for it.
(4) Pyithu Hluttaw shall prescribe the number
of members, duties, rights, privileges and tenures of Pyithu Hluttaw
committees.
(5) For forming a joint committee comprising
equal numbers from Pyithu Hluttaw and Amyotha Hluttaw, if some matter arises to
coordinate with Amyotha Hluttaw, Pyithu Hluttaw may elect and assign Pyithu
Hluttaw representatives who will serve on that committee. The tenure of the
joint committee shall be up to the time of submitting the report to the Hluttaw
concerned.
(6) In the event both Pyithu Hluttaw and
Amyotha Hluttaw have some matter to study, apart from matters to be handled by
committees as in Sub-paragraphs (1) and (2) mentioned above, okkahtas of these
Hluttaws may coordinate between themselves and form a joint committee
comprising equal numbers of representatives from Pyithu Hluttaw and Amyotha Hluttaw.
Pyithu Hluttaw may elect and assign Pyithu Hluttaw representatives to serve on
that committee. The tenure of that joint committee shall be up to the time of
submitting the report to the Hluttaw concerned.
[Pyithu Hluttaw Commissions and bodies]
(b) In connection with formation of Pyithu
Hluttaw commissions and bodies,
(1) If necessary to study matters other than
those studied by Pyithu Hluttaw committees, Pyithu Hluttaw may form commissions
and bodies with Pyithu Hluttaw representatives or with inclusion of suitable
citizens;
(2) When forming those commissions and
bodies, Pyithu Hluttaw shall prescribe the number of members, duties, rights
and privileges of those commissions and bodies.
[Pyithu Hluttaw Tenure]
12. In connection with the tenure of Pyithu
Hluttaw,
-- The tenure of Pyithu Hluttaw is five years
from the day of commencement of the first meeting of that Hluttaw.
[AMYOTHA HLUTTAW]
13. In connection with formation of Amyotha
Hluttaw,
-- Amyotha Hluttaw shall be formed with a
maximum of 224 Hluttaw representatives, as follows:
(a) 168 Amyotha Hluttaw representatives
elected in equal numbers from each region or state inclusive of Union
territories, and including one representative from each self-administered
division or self-administered zone;
(b) 56 Tatmadaw member Amyotha Hluttaw
representatives nominated by the Commander-in-Chief of the Defence Services in
accord with law at the rate of four representatives from each region or state
inclusive of Union territories.
[Amyotha Hluttaw Leaders]
14. In connection with election of thabapati
of Amyotha Hluttaw,
(a) an Amyotha Hluttaw representative shall
be elected as thabapati of Amyotha Hluttaw at the commencement of the first
meeting of Amyotha Hluttaw for each tenure of Amyotha Hluttaw;
(b) the thabapati shall take the oath of
office before the Amyotha Hluttaw;
(c) the thabapati shall supervise the Amyotha
Hluttaw meeting till completion of election of okkahta and deputy okkahta of
Amyotha Hluttaw.
15. In connection with election of okkahta
and deputy okkahta of Amyotha Hluttaw,
(a) in Amyotha Hluttaw,
(1) Amyotha Hluttaw representatives shall
elect one okkahta and one deputy okkahta from amongst Amyotha Hluttaw
representatives;
(2) In the even the post of okkahta or deputy
okkahta becomes vacant, a replacement shall be decided at the nearest meeting
of the Amyotha Hluttaw;
(3) In the event okkahta is unsuitable to
perform the duties of okkahta, deputy okkahta shall temporarily perform the
duties of okkahta.
(b) methods for electing okkahta and deputy
okkahta of Amyotha Hluttaw shall be prescribed by law.
16. In connection with performance and
termination of duties of okkahta and deputy okkahta of Amyotha Hluttaw,
(a) Okkahta and deputy okkahta of Amyotha
Hluttaw shall perform their duties up to the time before commencement of the
first meeting of the next tenure of Amyotha Hluttaw;
(b) Okkahta or deputy okkahta, in the event
of resigning from the post, being caused to cease to be Amyotha Hluttaw
representative, having no right to continue to be Amyotha Hluttaw
representative, being withdrawn by Amyotha Hluttaw from duties of okkahta or
deputy okkahta, or passing away, shall have been caused to cease to be okkahta
or deputy okkahta.
17. In connection with responsibilities,
rights and privileges of okkahta and deputy okkahta of Amyotha Hluttaw,
-- responsibilities, rights and privileges of
okkahta and deputy okkahta of Amyotha Hluttaw shall be prescribed by law.
18. In connection with the status of okkahta
and deputy okkahta of Amyotha Hluttaw,
-- Okkahta of Amyotha Hluttaw is prescribed
to be of the same status as Vice-President, and the deputy okkahta is
prescribed to be of the same status as Union Minister, for the purpose of
reference in prescribing by law responsibilities, rights and privileges of okkahta
and deputy okkahta of Amyotha Hluttaw.
[Amyotha Hluttaw Committees]
19. In connection with the formation of
Amyotha Hluttaw committees,
(a) Amyotha Hluttaw shall form bills
committee, public accounts committee, Hluttaw rights committee, and government's
guarantees, pledges and undertakings scrutiny committee with Amyotha Hluttaw
representatives;
(b) In the event occasion arises to have
studies made and submitted on defence and security matters or Tatmadaw affairs,
Amyotha Hluttaw shall form the defence and security committee with Tatmadaw
member Amyotha Hluttaw representatives, prescribing a period for it. The
defence and security committee so formed may if necessary co-opt non-Tatmadaw
member Amyotha Hluttaw representatives in accord with requirements at work;
(c) If necessary to have studies made and
submitted on legislative affairs, executive affairs, national races affairs,
economic affairs, financial affairs, social affairs, foreign affairs or other
affairs, Hluttaw committees may be formed with Amyotha Hluttaw representatives,
with a period of time prescribed for it.
(d) Amyotha Hluttaw shall prescribe the
number of members, duties, rights, privileges and tenures of Amyotha Hluttaw
committees.
(e) For forming a joint committee comprising
equal numbers of representatives from Amyotha Hluttaw and Pyithu Hluttaw, if
some matter arises to coordinate with Pyithu Hluttaw, Amyotha Hluttaw may elect
and assign Amyotha Hluttaw representatives who will serve on that committee.
The tenure of the joint committee shall be up to the time of submitting report
to the Hluttaw concerned.
(f) In the event both Amyotha Hluttaw and
Pyithu Hluttaw have some matter to study, apart from matters to be handled by
committees as in Sub-paragraphs (a) and (b) mentioned above, okkahtas of these
Hluttaws may coordinate between themselves and form a joint committee
comprising equal numbers of representatives from Amyotha Hluttaw and Pyithu
Hluttaw. Amyotha Hluttaw may elect and assign Amyotha Hluttaw representatives
to serve on that committee. The tenure of that joint committee shall be up to
the time of submitting the report to the Hluttaw concerned.
[Amyotha Hluttaw commissions and bodies]
20. In connection with formation of Pyithu
Hluttaw [sic--Amyotha Hluttaw probably meant] commissions and bodies,
(a) If necessary to study matters other than
those studied by Amyotha Hluttaw committees, Amyotha Hluttaw may form
commissions and bodies with Amyotha Hluttaw representatives or with inclusion
of suitable citizens;
(b) When forming those commission and bodies,
Amyotha Hluttaw shall prescribe the number of members, duties, rights and
privileges of those commissions and bodies.
[Amyotha Hluttaw tenure]
21. In connection with the tenure of Amyotha
Hluttaw,
-- The tenure of Amyotha Hluttaw is the same
as that of Pyithu Hluttaw. The tenure of Amyotha Hluttaw expires on the day
that of Pyithu Hluttaw expires.
[Pyidaungsu Hluttaw leaders]
22. In connection with performance of duties
by the nayaka and deputy nayaka of Pyidaungsu Hluttaw --
(a) The okkahta and deputy okkahta of Amyotha
Hluttaw shall serve also as the nayaka and deputy nayaka of the Pyidaungsu
Hluttaw from the day the tenure of office [of] the Pyithu Hluttaw commences up
to the end of 30 months. The okkahta and deputy okkahta of Pyithu Hluttaw shall
serve also as nayaka and deputy nayaka of Pyidaungsu Hluttaw for the remaining
tenure of office;
(b) in the event the nayaka of Pyidaungsu
Hluttaw is unable to perform the duties of nayaka, the deputy nayaka shall
temporarily perform the duties of the nayaka.
[REGION OR STATE HLUTTAWS]
23. In connection with the formation of the
Region Hluttaw or State Hluttaw --
-- Region or State Hluttaw shall be formed as
follows:
(a) In Regions or States, Region or State
Hluttaw representatives -- two elected from each township;
(b) In Region, Region Hluttaw representatives
-- one elected from each national race decided by the authorities concerned as
having population which constitutes 0.1 per cent of the population of the
State, of the remaining national races other than those who have already got
the respective Region or a self-administered area in that region;
(c) in States, State representatives -- one
elected from each national race decided by the authorities concerned as having
population which constitutes 0.1 per cent of the population of the State, of
the remaining national races other than those who have already got the
respective State or a self-administered area in that state;
(d) Region or State Tatmadaw member Hluttaw
representatives nominated by the Commander-in-Chief of the Defence Services in
a number equal to one-third of the total number of Hluttaw representatives
elected under sub-paragraphs (a) and (b) or (a) and (c).
[Region or State Hluttaw leaders]
24. In connection with election of the
thabapati of Region or State Hluttaw --
(a) a Region or State Hluttaw representative
shall be elected as thabapati of Region or State Hluttaw at the commencement of
the first meeting of Region or State Hluttaw for each tenure of Region or State
Hluttaw;
(b) the thabapati shall take the oath of
office before the Region or State Hluttaw;
(c) the thabapati shall supervise the Region
or State Hluttaw meeting till completion of election of okkahta or deputy
okkahta of Region or State Hluttaw.
25. In connection with election of okkahta
and deputy okkahta of Region or State Hluttaw,
(a) in Region or State Hluttaw,
(1) Region or State Hluttaw representatives
shall elect one okkahta and one deputy okkahta from amongst Region or State
Hluttaw representatives;
(2) In the even the post of okkahta or deputy
okkahta becomes vacant, a replacement shall be elected at the nearest meeting
of the Hluttaw;
(3) In the event okkahta is unable to perform
the duties of okkahta, deputy okkahta shall temporarily perform the duties of
okkahta.
(b) methods for electing okkahta and deputy
okkahta of Region or State Hluttaw shall be prescribe by law.
26. In connection with performance and
termination of duties of okkahta and deputy okkahta of Region or State Hluttaw,
(a) Okkahta and deputy okkahta of Region or
State Hluttaw shall perform their duties up to the time before commencement of
the first meeting of the next tenure of Region or State Hluttaw;
(b) Okkahta or deputy okkahta, in the event
of resigning from the post, being caused to cease to be Region or State
representative, having no right to continue to be Region or State
representative, being withdrawn by Region or State Hluttaw from duties of
okkahta or deputy okkahta, or passing away, shall cease to be okkahta or deputy
okkahta.
27. In connection with responsibilities,
rights and privileges of okkahta and deputy okkahta of Region or State Hluttaw,
-- responsibilities, rights and privileges of
okkahta and deputy okkahta of Region or State Hluttaw shall be prescribed by
law.
28. In connection with the status of okkahta
and deputy okkahta of Region or State Hluttaw,
-- Okkahta of Region or State Hluttaw is
prescribed to be of the same status as Union Minister and the deputy okkahta is
prescribed to be of the same status as Region or State Minister, for the
purpose of reference in prescribing by law responsibilities, rights and
privileges of okkahta and deputy okkahta of Region or State Hluttaw.
[Region or State Hluttaw committees and
bodies]
29. In connection with formation of Region or
State Hluttaw committees and bodies,
(a) The Region or State Hluttaw may, if and
when necessary, form committees and bodies with the Region or State Hluttaw
representatives concerned to study and report on legislative affairs and
national races affairs entrusted by the Constitution.
(b) The Region or State Hluttaw may include
suitable citizens in the committees and bodies.
(c) When forming committees and bodies,
Region or State Hluttaw shall prescribe the number of members, duties, rights,
privileges and tenure of those committees or bodies.
[Region or State Hluttaw tenure]
30. In connection with the tenure of Region
or State Hluttaw,
-- The tenure of Region or State Hluttaw is
the same as that of Pyithu Hluttaw. The tenure of Region or State Hluttaw
expires on the day that of Pyithu Hluttaw expires.
[Rights and Privileges]
31. In connection with duties, rights and
privileges of Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw
representatives,
-- duties, rights and privileges of Pyithu
Hluttaw, Amyotha Hluttaw and Region or State Hluttaw representatives shall be
prescribed by law.
[HLUTTAW MEMBER QUALIFICATIONS]
[Pyithu Hluttaw member qualifications]
32. In connection with the qualifications of the
Pyithu Hluttaw representatives --
-- Persons who possess the following
qualifications have the right to stand for election as Pyithu Hluttaw
representatives:
(a) having attained the age of 25 years;
(b) being a citizen born of parents both of
whom are also citizens;
(c) having settled in the Union of Myanmar
for at least 10 consecutive years up to the time of being elected Pyithu
Hluttaw representative;
(d) possessing qualifications prescribed in
the election law.
33. In connection with those who have no
right to stand for election as Pyithu Hluttaw representatives --
-- The following persons shall not have the
right to stand for election as Pyithu Hluttaw representatives:
(a) a person serving prison term, having been
convicted by the court concerned for having committed an offence;
(b) person still within the period the
authorities have prescribed that he or she has no right to be elected as Pyithu
Hluttaw representative for having been punished for a commitment of an offence
that makes him or her lose qualifications required of Pyithu Hluttaw
representative before or after the State Constitution comes into force;
(c) persons adjudged to be of unsound mind as
provided for in the relevant law;
(d) person who has not yet been cleared from
being declared destitute;
(e) person owing allegiance to a foreign
government, or a subject of a foreign government or a citizen of a foreign
country;
(f) person who is entitled to rights and
privileges of a subject of a foreign government, or a citizen of a foreign
country;
(g) person who obtains and makes use or
member of an organization that obtains and makes use of money, land, housing,
building, vehicle, property etc. directly or indirectly from a foreign
country's government, or religious organization or other organizations;
(h) person who commits or abets or member of
an organization that commits or abets acts of inciting, making speeches or
issuing declarations to vote or not to vote;
(i) members of a religious order;
(j) civil service personnel;
Proviso: The expression shall not apply to
Tatmadaw member Hluttaw representatives;
(k) person who obtains and makes use or
member of an organization that obtains and makes use of State funds, land,
housing, buildings, vehicles or property directly or indirectly;
Proviso: (1) The expression 'State funds'
does not apply to pension or allowances officially granted by the State for
services rendered for the benefit of the State.
(2) The expression 'land, housing, buildings,
vehicles and property belonging to the State' does not apply to State-owned
land, housing, building and apartments, State-owned aircraft, trains, vessels
and motorcars and property etc. which have been permitted by the State to be
used under an existing law or as required by duty, or leased from the State on
payment;
(l) person still within the period the
authorities have prescribed that he or she has no right to be elected as Pyithu
Hluttaw representative for commission of an unlawful act or for failure to act
in conformity under the election law making him or her lose qualifications
required of a Pyithu Hluttaw representative before or after the State
Constitution comes into force.
34. In connection with qualifications of
Tatmadaw member Hluttaw representatives--
-- Tatmadaw members nominated by the
Commander-in-Chief of the Defence Services as Pyithu Hluttaw representatives in
accord with law shall possess qualifications prescribed for Pyithu Hluttaw
representatives.
[Amyotha Hluttaw member qualifications]
35. In connection with qualifications of
Amyotha Hluttaw representatives --
-- Amyotha Hluttaw representatives
(a) shall have completed 30 years of age;
(b) shall possess qualifications to have the
right to stand for election as Pyithu Hluttaw representatives other than the
age limit;
(c) shall be subject to provisions which
disqualify a person from standing for election as Pyithu Hluttaw
representative.
36. In connection with the qualifications of
Tatmadaw member Amyotha Hluttaw representatives --
-- Tatmadaw members nominated by the
Commander-in-Chief of the Defence Services as Amyotha Hluttaw representatives
in accord with law shall possess qualifications prescribed for Amyotha Hluttaw
representatives.
[Region or State Hluttaw member
qualifications]
37. In connection with the qualifications of
the Region or State Hluttaw representatives --
-- Region or State Hluttaw representatives
(a) shall possess qualifications to have the
right to stand for election as Pyithu Hluttaw representatives;
(b) shall be subject to provisions which disqualify
a person from standing for election as Pyithu Hluttaw representative.
38. In connection with the qualifications of
Tatmadaw member Region or State Hluttaw representatives --
-- Tatmadaw members nominated by the
Commander-in-Chief of the Defence Services as Region or State representatives
in accord with law shall possess qualifications prescribed for the Region or
State representatives.
These are the detailed basic principles laid
down for formation of Legislature. (NLM 3/29)
Chapter on The Executive
Mar. 29: The National Convention Plenary
Session met, with 521 of 586 delegates present. Reading continued of the papers
on the Executive.
Chairman U Aung Toe, Secretary U Aye Maung,
and Vice-Chairman U Tha Tun of the National Convention Convening Work Committee
"presented to the National Convention the detailed principles laid down to
serve as basis in formation of 'the Executive' to be included in writing the
State Constitution [full text]:
Esteemed Delegates and delegates,
Now, detailed basic principles on formation
concerning the 'Executive' have been laid down in accord with suggestions given
by a large number of delegates. These principles are presented together
herewith to be easily known by the delegates.
1. In connection with formation of the
Pyidaungsu (
(a) The Executive Head of the State is the
President of the State;
(b)(1) the executive power of the State is
distributed among the Pyidaungsu, regions and states;
(2) self-administrative power is distributed
to self-administered areas as stipulated by the State Constitution.
(c) The Union government of the State shall
be formed with the following persons:
(1) the President of the State;
(2) Vice-Presidents;
(3) Union ministers;
(4) the Attorney-General of the
[Union Ministries and Ministers]
(d) With the approval of the Pyidaungsu
Hluttaw, the President of the State shall --
(1) designate the Union government ministries
as necessary. Moreover, he can make changes in and addition to the designated
ministries;
(2) allocate the number of Union Ministers as
necessary. Moreover, he can increase or reduce the allocated number.
(e) Union ministers shall possess the
following qualifications:
(1) they must have attained the age of 40
years;
(2) with the exception of age limit, they
shall possess qualifications prescribed for Pyithu Hluttaw representatives;
(3) they shall be loyal to the State and
citizenry.
2. In connection with appointment of Union
ministers --
(a) The President of the State shall appoint
Union ministers --
(1) he shall select suitable persons who
possess prescribed qualifications from among the Hluttaw representatives or
non-Hluttaw representatives;
(2) he shall obtain a list of nomination of
suitable Tatmadaw members from the Commander-in-Chief of Defence Services for
ministries of defence, security/home affairs and border affairs;
(3) he shall consult with the
Commander-in-Chief of Defence Services if he desires to appoint Tatmadaw
members as Union ministers for the ministries other than defence, security/home
affairs and border affairs.
(b) The President is to prepare together the
list of persons he has selected and that of Tatmadaw members from the
Commander-in-Chief of Defence Services, submit them to the Pyidaungsu Hluttaw
and seek its approval.
(c) Pyidaungsu Hluttaw has no right to refuse
a person nominated by the President of the State for the appointment of Union
Minister unless it can prove the person concerned does not possess
qualifications prescribed for Union Ministers.
(d) The President of the State has the right
to submit again the list furnished with new name replacing the one who has not
been approved by the Pyidaungsu Hluttaw for the appointment of the Union
Minister.
(e) The President of the State shall appoint
persons approved by the Pyidaungsu Hluttaw as Union Ministers; in appointing
them, the President of the State is to allocate the ministry or ministries
which each Union Minister is to take charge.
(f) The President of the State shall inform
the Pyidaungsu Hluttaw whenever he appoints the Union Ministers.
(g) The Union Ministers shall be responsible
to the President of the State.
3. In connection with appointment of and
assigning of duties to Deputy Ministers,
(a) The President of the State shall have the
right to appoint the following persons, from among Hluttaw representatives or
non-Hluttaw representatives, who possess the following qualifications, as the
Deputy Ministers to assist the Union Ministers --
(1) must be persons who have attained 35
years of age;
(2) with the exception of age limit, all who
possess the qualifications prescribed for Hluttaw representatives;
(3) must be loyal to the State and the
citizenry.
(b) If the President is to appoint and assign
duties to Deputy Ministers for defence, security/home affairs and border
affairs, he shall obtain a list of nominations including suitable Tatmadaw
members from the Commander-in-Chief of Defence Services.
(c) The President of the State shall consult
with the Commander-in-Chief of Defence Services if he desires to appoint and
assign duties to Tatmadaw members as Deputy Ministers for ministries other than
defence, security/ home affairs and border affairs.
(d) The President of the State, in appointing
and assigning duties to Deputy Ministers, shall allocate the ministries
concerned.
(e) The Deputy Ministers shall be responsible
to the respective Union Ministers, and, through the respective Union Ministers,
to the President of the State.
4. In connection with impeachment of any
Union Minister,
(a) Any Union Minister shall be impeached for
one of the following reasons:
(1) treason;
(2) violation of any provision of the
Constitution;
(3) misconduct;
(4) being disqualified for Union Minister
under the Constitution.
(b) When any Union Minister is impeached, it
is to proceed in accord with provisions of the Constitution regarding
impeachment of the President or the Vice-President.
(c) However, when the charge against any
Union Minister who is impeached is maintained and the Hluttaw concerned decides
that he is not fit to continue to hold office as a Union Minister and informs
the President of the matter, the President shall remove the Union Minister from
office.
(d) If the Hluttaw concerned decides that the
charge has been refuted, the okkahta of the Hluttaw shall inform the President.
5. In connection with the term of office,
resignation, removal from office and replacement of Union Ministers and Deputy
Ministers,
(a) The term of office of Union Ministers and
Deputy Ministers shall generally be the same as the term of office of the
President.
(b) If the Union Minister or Deputy Minister
desires to resign from office of his own volition due to a certain cause before
the expiry of the term of office, then he shall do so only after tendering his
written resignation to the President.
(c) The President shall --
(1) have the right to order the resignation
of a Union Minister or Deputy Minister, who has failed to discharge his duties,
and can remove him from office if he fails to comply with the order;
(2) coordinate with the Commander-in-Chief of
Defence Services and take steps if it is concerned with a Tatmadaw member Union
Minister or Deputy Minister who is to be caused to resign or to be removed from
office.
(d) If the post of Union Minister or Deputy
Minister falls vacant due to resignation, removal from office, death or any
cause, the President shall have the right to appoint and assign duties to a new
Union Minister or Deputy Minister in accordance with the provisions of the
Constitution regarding appointment of the Union Minister or Deputy Minister.
The term of office of newly appointed Union Minister or Deputy Minister shall
be the same as the remaining term of office of the President.
(e) If the Union Minister or Deputy Minister
is a representative of a Hluttaw, it is to be assumed that he has resigned as a
Hluttaw representative from the date he is appointed Union Minister or Deputy
Minister.
(f)(1) If the Union Minister or Deputy
Minister is a civil servant, then it is to be assumed that he has retired as a
civil servant according to the civil service rules and regulations from the
date he is appointed Union Minister or Deputy Minister;
(2) Tatmadaw members who have been appointed
Union Ministers and Deputy Ministers for defence, security/home affairs and
border affairs need not retire and resign from the Tatmadaw.
(g) If the Union Minister or Deputy Minister
is a member of a political party, then he shall refrain from participating in
party activities during the term of office from the date he is appointed Union
Minister or Deputy Minister.
(h) (1) When the post of the President who
appointed and assigned duties to Union Ministers and [Deputy] Ministers has
fallen vacant due to resignation or death or any cause before the expiry of the
term of office, the Union Ministers and Deputy Ministers shall continue to
perform their duties until the new President, who has been elected and replaced
the vacant post, has appointed and assigned duties to new Union Ministers and
Deputy Ministers;
(2) The term of office of the newly appointed
Union Ministers and Deputy Ministers shall be the same as the remaining term of
office of the new President.
(i) Responsibilities, rights and privileges
of Pyidaungsu Ministers and Deputy Ministers shall be prescribed by law.
[Attorney-General]
6. In connection with the term of the
Attorney-General,
-- it shall be called Pyidaungsu
Attorney-General.
7. In connection with the appointment and
assignment of duties of Pyidaungsu Attorney-General,
(a) with the approval of the Pyidaungsu
Hluttaw, the President of the State shall appoint a person, from among the
Hluttaw representatives or persons who are not Hluttaw representatives, having
the following qualifications, Pyidaungsu Attorney-General so as to get advice
on legal matters and assign duties of a legal character:
(1) having attained the age of 45 years;
(2) apart from the age limit, having
qualifications prescribed for Pyithu Hluttaw representatives;
(3)(aa) who has been for at least five years
a judge of the Region or State Taya Hluttaw (High Court), or
(bb) who, if he is a judicial officer or a
law officer, has been for at least ten years in a position not lower than
region or state level, or
(cc) who has been an advocate of the Taya
Hluttaw (High Court) of at least 20 years standing, or
(dd) who is assumed by the President to be a
legal expert of prominent reputation,
(4) being a person who is loyal to the State
and the citizens,
(b) Pyidaungsu Hluttaw shall not have the
right to reject the person nominated by the President to be appointed
Pyidaungsu Attorney-General unless it can prove clearly that he is not
qualified for being Pyidaungsu Attorney-General,
(c) the President of the State has the right
to submit new nomination to the Pyidaungsu Hluttaw in place of a person who has
not been approved to be appointed and assigned duties as Pyidaungsu Hluttaw
Attorney-General,
(d) Pyidaungsu Attorney-General is a member
of the Pyidaungsu government,
(e) Pyidaungsu Attorney-General is
responsible to the President of the State.
8. In connection with impeachment of
Pyidaungsu Attorney-General,
(a) Pyidaungsu Attorney-General shall be
impeached for one of the following reasons:
(1) treason,
(2) violation of any of the provisions of the
Constitution,
(3) misconduct,
(4) being disqualified for the post of
Pyidaungsu Attorney-General under the Constitution.
(b) if it is desired to impeach Pyidaungsu
Attorney-General, it shall proceed in accordance with provisions regarding the
impeachment of the President of the State or Vice-President,
(c) if the respective Hluttaw submits that
the charge has been sustained and the offence or the subject of the offence, is
such as to render the Pyidaungsu Attorney-General unfit to continue in office,
the President of the State shall terminate the Pyidaungsu Attorney-General from
duties,
(d) if the respective Hluttaw decides that
the charge has been refuted, the Hluttaw Chairman shall report the decision to
the President of the State.
9. In connection with appointment of Deputy
Attorney-General --
(a) The President of the State shall appoint
of his own volition a person having the following qualifications from among
Hluttaw representatives or persons who are not Hluttaw representatives as
Deputy Attorney-General to assist Pyidaungsu Attorney-General:
(1) being a person who has completed the age
of 40,
(2) apart from the age limit, having
qualifications prescribed for Pyithu Hluttaw representatives,
(3) being a person
(aa) who has been for at least five years a
judge of the region or state Taya Hluttaw (High Court), or
(bb) who, [if] he is a judicial personnel or
a law personnel, has been at least ten years in a position not lower than
region or state level, or
(cc) who has been the advocate of the Taya
Hluttaw (High Court) of at least 15 years standing, or
(dd) who is assumed by the President to be a
legal expert of prominent reputation,
(4) being a person who is loyal to the State
and the citizenry,
(b) Deputy Attorney-General is responsible to
the Pyidaungsu Attorney-General and to the President of the State through the
Pyidaungsu Attorney-General.
10. In connection with the term of office,
resignation, termination of duties and filling the vacant post of the
Pyidaungsu Attorney-General or Deputy Attorney-General --
(a) The term of office of the Pyidaungsu
Attorney-General or Deputy Attorney-General shall generally be the same as that
of the President of the State;
(b) The Pyidaungsu Attorney-General or Deputy
Attorney-General may resign of his own accord before the expiry of the term of
office after submitting his resignation to the President of the State;
(c) The President of the State may instruct
the Pyidaungsu Attorney-General or Deputy Attorney-General who cannot perform
duties fully to resign and shall have right to remove him from office for
failure to follow the instruction;
(d) The President of the State shall, if the
post of the Attorney-General or Deputy Attorney-General becomes vacant in the
event of resignation, or being removed from office, or death, or any cause,
appoint a new Attorney-General or Deputy Attorney-General in accord with the
provisions under the Constitution. The remaining tenure of office of the
President of the State shall be prescribed for the term of office of the new
Attorney-General or Deputy Attorney-General;
(e) If Pyidaungsu Attorney-General or Deputy
Attorney-General is a representative of a Hluttaw, he shall be deemed to have
vacated his seat in that Hluttaw from the date he is appointed the
Attorney-General or the Deputy Attorney-General;
(f) If Pyidaungsu Attorney-General or Deputy
Attorney-General is a civil servant, he shall be deemed to have retired in
accord with the existing rules and regulations from the date he is appointed
the Attorney-General or the Deputy Attorney-General;
(g) If Pyidaungsu Attorney-General or Deputy
Attorney-General is a member of a political party, he shall not perform the
duties of that party during his tenure of office from the date he is appointed
the Attorney-General or Deputy Attorney-General;
(h) (1) When the post of the President of the
State who had appointed and assigned duties to the Pyidaungsu Attorney-General
and Deputy Attorney-General falls vacant in the event of resigning, passing
away or any other reason, the new President of the State who has been elected
as replacement shall continue to assign duties to them, or appoint and assign
duties to new Pyidaungsu Attorney-General and new Deputy Attorney-General according
to the provisions of the Constitution. If so, the Pyidaungsu Attorney-General
and Deputy Attorney-General shall be allowed to continue to perform their
duties up to the time when the new Pyidaungsu Attorney-General and Deputy
Attorney-General have been appointed and assigned duties.
(2) The remaining tenure of office of the
President of the State shall be prescribed for the term of office of the new
Attorney-General or Deputy Attorney-General;
(i) The duties, powers and privileges of
Pyidaungsu Attorney-General or Deputy Attorney-General shall be prescribed by
law.
11. In connection with prescribing the status
of Pyidaungsu Attorney-General and Deputy Attorney-General,
-- Pyidaungsu Attorney-General is prescribed
to be of the same status as Pyidaungsu Minister and the Deputy Attorney-General
is prescribed to be of the same status as Deputy Minister, for the purpose of
reference in prescribing by law responsibilities, rights and privileges of
Pyidaungsu Attorney-General and Deputy Attorney-General.
[Auditor-General]
12. In connection with the term of the
Auditor-General,
-- It shall be called Pyidaungsu
Auditor-General.
13. In connection with the appointment of and
assignment of duties of Pyidaungsu Auditor-General,
(a) with the approval of the Pyidaungsu
Hluttaw, the President of the State shall appoint a person, from among the
Hluttaw representatives or persons who are not Hluttaw representatives, having
the following qualifications, Pyidaungsu Auditor-General so as to audit State
Budget and report to the Pyithu Hluttaw and Amyotha Hluttaw;
(1) being a person who has completed the age
of 45;
(2) apart from the age limit, having
qualifications prescribed for Pyithu Hluttaw representatives;
(3)(aa) who has been for at least ten years
an auditor of not lower than the region or state level, or
(bb) who has been for at least twenty years a
Registered Accountant or a Certified Public Accountant, or
(cc) who is assumed by the President to be a
well-known accountant, statistician or economist of good reputation,
(4) being a person who is loyal to the State
and the citizens;
(b) Pyidaungsu Hluttaw shall not have the
right to reject the person nominated by the President to be appointed
Pyidaungsu Auditor-General unless it can prove clearly that he is not qualified
for being Pyidaungsu Auditor-General,
(c) the President of the State has the right
to submit new nomination to the Pyidaungsu Hluttaw in place of a person who has
not been approved to be appointed and assigned as Pyidaungsu Auditor-General,
(d) Pyidaungsu Auditor-General is responsible
to the President of the State.
14. In connection with impeachment of the
Auditor-General of the
(a) The Auditor-General of the
(1) breach of allegiance to the State,
(2) violation of a provision of the
Constitution,
(3) moral turpitude,
(4) default in qualifications of the
Auditor-General of the
(b) If it is desired to impeach the
Auditor-General of the
(c) If the Hluttaw conducting the inquiry
decides and submits that the impeachment is true and that the person impeached
is not fit to keep on serving as the Auditor-General of the Union, the
President shall terminate that person's performance of duties as the
Auditor-General of the Union;
(d) If the Hluttaw conducting the inquiry
decides and submits that the impeachment is false, it shall so be reported to
the President of the State by the okkahta of the Hluttaw concerned.
15. In connection with the appointment of the
Deputy Auditor-General,
(a) The President of the State shall at own
discretion appoint a person who possesses the following qualifications, from
among Hluttaw representatives or non-Hluttaw representatives, as the Deputy
Auditor-General to assist the Auditor-General of the
(1) person who has completed 40 years of age,
(2) person who possesses qualifications
prescribed for Pyithu Hluttaw representatives, except for the age limit,
(3)(aa) person who has served at least ten
years in an auditor's post not lower than Region or State level, or
(bb) person who has served as Registered
Accountant or Certified Public Accountant for at least 15 years, or
(cc) person whom the President of the State
regards as one competent in statistics, or accounting or economics with high
repute,
(4) person loyal to the State and the
citizenry,
(b) The Deputy Auditor-General shall be
responsible to the Auditor-General, and through the Auditor-General to the
President of the State.
16. In connection with the tenure of post,
the right to resign from the post, the right to effect termination of duties,
and the right to make appointments to fill vacant posts of the Auditor-General
of the Union and the Deputy Auditor-General etc. --
(a) The tenure of the Auditor-General of the
(b) The Auditor-General of the
(c) The President of the State may order the
resignation of the Auditor-General of the
(d) In the event there comes about a vacancy
in the post of the Auditor-General of the Union or the Deputy Auditor-General
due to resignation, termination of duties, death or any other cause before the
end of the tenure of post, the President of the State may appoint a new
Auditor-General of the Union or Deputy Auditor-General in accord with the
provisions on appointment of the Auditor-General of the Union or the Deputy
Auditor-General as contained in the State Constitution. The tenure of the
Auditor-General of the
(e) In the event the Auditor-General of the
Union or the Deputy Auditor-General happens to be a representative in a
Hluttaw, this person shall be deemed to have resigned as a Hluttaw
representative from the date of appointment as the Auditor-General of the Union
or the Deputy Auditor-General.
(f) In the event the Auditor-General of the
(g) In the event the Auditor-General of the
(h) (1) In the event there comes about a
vacancy in the post of the President of the State who has appointed the
Auditor-General of the Union and the Deputy Auditor-General due to resignation,
termination of duties, death or any other cause before the end of the tenure of
office, the new President of the State elected as replacement may retain them
or appoint a new Auditor-General of the Union and Deputy Auditor-General in
accord with the provisions on appointment of the Auditor-General of the Union
and the Deputy Auditor-General as contained in the State Constitution. In such
even the President of the State may have the incumbents carry on in their posts
till the new ones are appointed.
(2) The tenure of the Auditor-General of the
(i) Duties, rights and privileges of the
Auditor-General of the
17. In connection with the status of the
Auditor-General of the
-- The Auditor-General of the
[Union Civil Service Board]
18. In connection with the formation of the
Union Civil Service Board --
(a) The President of the State shall form the
Union Civil Service Board to carry out duties of selecting and training
personnel of civil service and laying down regulations of civil service.
(b) The President of the State shall appoint
persons who possess the following qualifications as chairman and members of the
Union Civil Service Board:
(1) person who is fully 50 years old,
(2) person who possesses qualifications
prescribed for Pyithu Hluttaw representatives except for the age stipulation,
(3) members of the intelligentsia and
intellectuals mature in experience,
(4) person loyal to the State and the
citizenry,
(5) person who is not a member of a political
party,
(6) person who is not a Hluttaw
representative.
(c) The chairman of the Union Civil Service
Board shall be responsible to the President of the State and members of the
board shall be responsible through the chairman of the board to the President
of the State.
(d) The tenure of the chairman and members of
the Union Civil Service Board shall normally be the same as that of the
President of the State.
(e) Formation of the Union Civil Service
Board duties, rights and privileges of the chairman and members, resignation
and termination of duties shall be prescribed by law.
19. In connection with the status of the
chairman and members of the Union Civil Service Board,
-- the chairman of the Union Civil Service
Board is prescribed to be of the same status as Union Minister, for the purpose
of reference in prescribing by law duties, rights and privileges of the
chairman of the Union Civil Service Board.
[Region or State government]
20. In connection with the terms referring to
leader of Region or State and members of Region or State government,
(a) the leader of Region or State shall be
known as Chief Minister of the Region or State;
(b) members of Region or State government
shall be known as Minister of the Region or State.
21. In connection with formation of Region
government or State government and appointing of the Chief Minister of Region
or State,
(a) Region government is formed in a Region
and State government is formed in a State,
(b) Region or State government is formed with
the following persons:
(1) Chief Minister of Region or State,
(2) Ministers of Region or State,
(3) Advocate-General of Region or State.
(c) With the approval of Region or State
Hluttaw concerned, the President of the State --
(1) may prescribe Region or State ministries
as necessary, and may make changes or additions to the ministries so
prescribed;
(2) may prescribe the number of Region or
State ministers as necessary and may decease and increase this number so
prescribed,
(d) Chief Minister and Ministers of Region or
State shall possess the following qualifications:
(1) person who is fully 35 years old,
(2) person who possesses qualifications
prescribed for Region or State Hluttaw representatives except for the age
stipulation,
(3) person who is loyal to the State and the
citizenry,
(e) For appointment of the Chief Minister of
Region or State, the President of the State shall --
(1) select a suitable Hluttaw representative
who possess prescribed qualifications from among Region or State Hluttaw
representatives concerned,
(2) send the nomination of the selected
Hluttaw representative to the Region or State Hluttaw concerned and seek its
approval thereof,
(f) The President of the State shall appoint
the Hluttaw representative approved by Region or State Hluttaw as the Chief
Minister of Region or State,
(g) Region or State Hluttaw shall have no
right to turn down the Hluttaw representative nominated by the President of the
State for appointment as Chief Minister of the Region or State, unless it can
clearly show that person does not fully possess the qualifications prescribed
for the post of the Chief Minister of the Region or State,
(h) The President of the State has the right
to submit a new nomination to the Region or State Hluttaw in place of the
person who does not get approval of the Region or State Hluttaw for appointment
as the Chief Minister of Region or State.
(NLM 3/30)
22. In connection with the appointment of
Region or State Ministers,
(a) In order to appoint Region or State
Ministers, the Region or State Chief Minister shall --
(1) select suitable persons who possess
prescribed qualifications from among the Region or State Hluttaw
representatives or non-Hluttaw representatives;
(2) ask a list of names of suitable Tatmadaw
members from the Commander-in-Chief of Defence Services to assign security and
border affairs responsibilities;
(3) ask the nomination of the Okkahta from
the self-administered division or self-administered zone leading body in the
respective region or state;
(4) obtain the list of Hluttaw
representatives elected to undertake the affairs of national races in the
respective region or state from the respective Election Commission.
(b) The Region or State Chief Minister shall
prepare together the list of persons he has selected and that of Tatmadaw
members nominated by the Commander-in-Chief of Defence Services, submit them to
the respective Region or State Hluttaw and seek its approval;
(c) Region or State Hluttaw has no right to
reject a person nominated by the Region or State Chief Minister for the
appointment of Region or State Minister unless it can prove clearly the person
concerned does not possess qualifications prescribed for Region or State
Ministers;
(d) the Region or State Chief Minister has
the right to submit again the list furnished with new names replacing the one
who has not been approved by the Region or State Hluttaw for the appointment of
the Region or State Minister;
(e) The Region or State Chief Minister shall
submit the names approved by the Region or State Hluttaw, that of Okkahta of
the self-administered division or self-administered zone and that of Hluttaw
representatives elected to undertake the affairs of national races for
appointment as Region or State Ministers;
(f) The President of the State shall appoint
persons submitted by the Region or State Chief Minister as Ministers; in
appointing them, he shall allocate, in consultation with the respective Region
or State Chief Minister, the ministry or ministries [of] which each Region or
State Minister is to take charge;
(g) The President of the State shall --
(1) assign duties to the self-administered
division Okkahtas or self-administered zone Okkahtas, who are Region or State
Ministers, to undertake the affairs of respective self-administered division or
self-administered zone;
(2) assign duties to the Hluttaw
representatives elected to undertake the affairs of national races, who are
Region or State Ministers, to undertake the affairs of the national races
concerned;
(h) The President of the State may exercise
relaxation of stipulation on age limit in the State Constitution in appointing
Region or State Ministers, the Okkahta of the self-administered division or
self-administered zone or Hluttaw representatives elected to undertake the
affairs of national races;
(i) The President of the State, in
consultation with the Prime Minister, may appoint Ministers for the
self-administered division or self-administered zone and Ministers for national
race affairs as Ministers concurrently in charge of other ministries as well;
(j) The Region or State Chief Minister, if
desirous of assigning Tatmadaw members as Region or State Ministers for other
responsibilities other than security and border areas affairs responsibilities,
shall coordinate with the Commander-in-Chief Defence Services, obtain the
approval of the respective Region or State Hluttaw, and submit it to the
President of the State;
(k) The President of the State is to send
intimation of the appointments of Region or State Chief Minister and Ministers
to the Region or State Hluttaw and Pyidaungsu Hluttaw;
(l) (1) The Region or State Chief Minister
shall be responsible to the President of the State;
(2) The Region or State Ministers shall be
responsible to the Region or State Chief Minister concerned, and through the
Chief Minister, to the President of the State;
(m) The term of office of the Region or State
Chief Minister and Ministers shall normally be the same as that of the
President of the State.
23. In connection with impeachment of Region
or State Chief Minister or any of the Ministers,
(a) Region or State Chief Minister or any of
the Ministers, shall be impeached for one of the following reasons:
(1) treason,
(2) violation of any of the provisions in the
Constitution,
(3) misconduct,
(4) being disqualified for the post of Region
or State Chief Minister or Minister under the Constitution;
(b) if it is desired to impeach a Region or
State Chief Minister or Minister for any of the above reasons, a proposal in
writing signed by not less than one fourth of the total membership of the
Region or State Hluttaw shall be submitted to the Okkahta of the Hluttaw
concerned;
(c) The Okkahta of the Hluttaw concerned
shall form an investigation commission and cause the charge to be investigated.
The term pending the completion of the investigation shall be determined
depending on the magnitude of the charge;
(d) The Region or State Chief Minister or
Minister thus charged shall have the right to appear or to be represented at
the investigation of the charge and be given the chance to refute it;
(e) (1) The Okkahta of the Hluttaw shall
report to the Region or State Hluttaw concerned the results of the
investigation submitted to him by the investigation commission by which the charge
against the Region or State Chief Minister or Minister has been investigated,
and then report to the President of the State if a resolution is passed,
supported by not less than two-thirds of the total membership of the Hluttaw
concerned, declaring that the charge has been substantiated and that of [sic]
the offence, the subject of the charge, is such as to render Region or State
Chief Minister or Minister unfit to continue in office;
(2) The President of the State, upon receipt
of the submission, shall proceed to remove the Region or State Chief Minister
or Minister who has been impeached;
(3) If the Hluttaw concerned decides that the
charge has been refuted, the Okkahta of the Hluttaw concerned shall report the
decision to the President of the State.
24. In connection with resignation, removal
from office and filling the vacated post of a Region or State Chief Minister or
any of the Ministers,
(a) If a Region or State Chief Minister
desires to resign on his own volition or any reason before the expiry of the
term of office, he shall be permitted to do so after he has submitted his
letter of resignation to the President of the State.
(b) The President of the State shall --
(1) instruct the Region or State Chief
Minister or Minister, who is incapable of performing duties properly, to
resign, and proclaim removal from office in the event of failure to comply with
his instruction,
(2) coordinate with the Commander-in-Chief of
Defence Services if the person to resign or be removed from office is the
Tatmadaw member Region or State Minister nominated by the Commander-in-Chief of
Defence Services.
(c) If the post of the Region or State Chief
Minister or Minister becomes vacant in the event of resignation, or being
removed from office, or death or any reason, the President of the State shall
take steps to fill the vacant post in accord with the provisions of the
Constitution in coordination with the Region or State Hluttaw. The remaining
tenure of the President of the State shall be prescribed for the term of office
of the newly-pointed person.
(d) (1) If the Region or State Minister is a
civil servant, he shall be deemed to have retired from his position as civil
servant in accordance with the existing rules and regulations from the date he
is appointed the Region or State Minister;
(2) Tatmadaw members who have been appointed
Region or State Ministers for Security and Border Affairs of the Region or
State Governments need not retire or resign from the Tatmadaw.
(e) Responsibilities, rights and privileges
of the Region or State Chief Minister and Ministers shall be prescribed by law.
25. In connection with prescribing the status
of the Region or State Chief Minister and Minister,
-- The Region or State Chief Minister is
prescribed to be of the same status as Pyidaungsu Minister and the Region or
State Minister is prescribed to be of the same status as Deputy Minister, for
the purpose of reference in prescribing by law responsibilities, rights and
privileges of the Region or State Chief Minister or Minister.
26. In connection with the head of the
General Administration Department of the Region or State concerned,
-- The head of the General Administration
Department of the Region or State concerned shall act ex officio as secretary
of the government of the Region or State concerned. Moreover, the General
Administration Department of the Region or State shall be the office of the
government of the Region or State concerned.
27. In connection with the term referring to
the Attorney-General of the Region or State,
-- It shall be called Advocate-General of the
Region or State.
28. In connection with the appointment of and
assigning duties to Advocate-General of the Region or State,
(a) The Chief Minister of the Region or State
shall get the approval of the Region or State Hluttaw concerned in appointing
and assigning duties to a person, from among Hluttaw representatives or
non-Hluttaw representatives, having the following qualifications as the Region
or State Advocate-General in order to get legal advice and assign duties of a
legal character and submit the matter to the President:
(1) being a person who has attained the age
of 40 years;
(2) being a person who possesses
qualifications, except for age limit, prescribed for Region or State
representatives;
(3)(aa) being a person who has been for at
least five years a judicial officer or a law officer not lower than the Region
or State level, or being a person who has been for at least ten years a
judicial officer or a law officer not lower than district level, or
(bb) being a person who has been an advocate
of the Taya Hluttaw (High Court) of at least 15 years standing;
(4) being a person loyal to the State and the
citizenry.
(b) The Chief Minister of the Region or State
concerned shall send a nominee, after obtaining approval from the Hluttaw
concerned for assignment of duties as the Advocate-General of the Region or
State concerned, to the President who shall then appoint him the
Advocate-General of the Region or State concerned.
(c) The President has no right to reject the
nominee to be appointed Advocate-General of the Region or State concerned
unless in can be clearly proved that he does not fully possess qualifications
prescribed for the post of the Advocate-General of the Region or State.
(d) The Chief Minister of the Region or State
has the right to submit again a new list furnished with a new nominee replacing
the person who has not been approved b y the Region or State Hluttaw concerned
for appointment as the Advocate-General of the Region or State concerned.
(e) The Advocate-General of the Region or
State is member of the government of the Region or State.
(f) The Advocate-General of the Region or
State is responsible to the President through the Chief Minister of the Region
or State concerned, to the Pyidaungsu Attorney-General and to the Chief
Minister of the Region or State concerned.
(g) If there arises a cause to impeach the
Advocate-General of the Region or State, it shall be proceeded in accordance
with the provisions of the Constitution regarding impeachment of the Chief
Minister or a Minister.
(h) The Advocate-General of the Region or
State is subject to provisions of the Constitution prescribed for the Chief
Minister of the Region or State or Ministers concerning resignation,
termination from duty, filling the vacant post and deeming a person to have
retired in case of being a civil service personnel.
(i) Responsibilities, rights and privileges
of the Advocate-General of the Region or State shall be prescribed by law.
29. In connection with prescribing the status
of the Advocate-General of the Region or State,
-- The Advocate-General of the Region or
State is prescribed to be of the same status as the Region or State Minister
for the purpose of reference in prescribing by law responsibilities, rights and
privileges of the Advocate-General of the Region or State.
30. In connection with the term regarding the
Auditor-General of the Region or State,
-- It shall be called the Auditor-General of
the Region or State.
31. In connection with appointment of and
assignment of the Auditor-General of the Region or State,
(a) The Chief Minister of the Region or State
shall select a person from among Hluttaw representatives or non-Hluttaw
representatives who possesses the following qualifications for appointment of
and assigning duties to the Auditor-General of the Region or State concerned to
be able to audit the Region or State budget and submit it to the Region or
State Hluttaw concerned, obtain approval of the Region or State Hluttaw
concerned and report the nomination to the President:
(1) being a person who has completed the age
of 40;
(2) with the exception of age limit, being a
person who has qualifications prescribed for Pyithu Hluttaw representatives;
(3)(aa) being a person who has been for at
least five years an auditor not lower than Region or State level, or who has
been for at least ten years an auditor not lower than district level, or
(bb) being a person who has been for at least
15 years a Registered Accountant or a Certified Public Accountant;
(4) being a person who is loyal to the State
and the citizenry.
(b) The Chief Minister of the Region or State
shall send a nominee, after obtaining approval from the Hluttaw concerned for
assignment of duties as the Auditor-General of the Region or State concerned,
to the President who shall then appoint the person the Auditor-General of the
Region or State concerned.
(c) The President has no right to reject the
nominee to be appointed Auditor-General of the Region or State concerned unless
it can be clearly proved that he does not fully possess qualifications
prescribed for the post of the Auditor-General of the Region or State.
(d) The Chief Minister of the Region or State
has the right to submit again a new list furnished with a new nominee replacing
the person who has not been approved by the Region or State concerned for
appointment as the Auditor-General of the Region or State concerned.
(e) The Auditor-General of the Region or
State is responsible to the President through the Chief Minister of the Region
or State concerned, to the Pyidaungsu Auditor-General and to the Chief Minister
of the Region or State concerned.
(f) If there arises a cause to impeach the
Auditor-General of the Region or State, it shall be proceeded in accordance
with the provisions of the Constitution regarding impeachment of the Chief
Minister of the Region or State or a Minister.
(g) The Auditor-General of the Region or
State is subject to the provisions of the Constitution prescribed for the Chief
Minister or Ministers concerning resignation, termination from duty, filling
the vacant post and deeming the person to have retired in case of being a civil
service personnel.
(h) Responsibilities, rights and privileges
of the Auditor-General of the Region or State shall be prescribed by law.
32. In connection with prescribing the status
of the Auditor-General of the Region or State,
-- The Auditor-General of the Region or State
is prescribed to be of the same status as the Region or State Minister for the purpose
of reference in prescribing by law responsibilities, rights and privileges of
the Auditor-General of the Region or State.
[Self-administered areas]
33. In connection with the term referring to
the administrative body of the self-administered division or self-administered
zone,
-- The administrative body of the
self-administered division or self-administered zone shall be called the oo-zi
aphwe (leading body) of the self-administered division or oo-zi aphwe (leading
body) of the self-administered zone.
34. In connection with the formation of the
self-administered division leading body and the self-administered zone leading
body,
(a) Being self-administered areas,
self-administered divisions and self-administered zones are of equal status;
(b) There are self-administered division
leading bodies and self-administered zone leading bodies formed in the
self-administered divisions and the self-administered zones respectively. The
leading bodies exercise legislative power vested in them under the Constitution.
(c) There shall include at least 10 members
in the self-administered division leading body or the self-administered zone
leading body.
(d) The self-administered division leading
body or the self-administered zone leading body shall be constituted with the
following persons:
(1) Region or State Hluttaw representatives
elected from townships in the self-administered division or the
self-administered zone concerned;
(2) Tatmadaw member representatives nominated
according to law by the Commander-in-Chief of Defence Services in order to
assign duties regarding security or border affairs;
(3) additional representatives chosen and
assigned by persons stated in sub-paragraphs (1) and (2).
(e) Members of the self-administered division
leading body or self-administered zone leading body stated in above paragraph
(d)(1) and (2) are to choose, after consultations among themselves, a suitable
person as the self-administered division Okkahta or self-administered zone
Okkahta out of the region or state Hluttaw representatives elected from the
townships in the self-administered division or self-administered zone. The
person thus chosen is to be submitted to the President of the State through the
respective Region or State Chief Minister.
(f) The President of the State is to appoint
the person in the nomination submitted as the Okkahta of the respective
self-administered division or self-administered zone.
(g) The Okkahta of the self-administered
division or self-administered zone is Minister in the Region or State
concerned. As such, provisions in the Constitution applying to the Ministers of
the Region or State will also apply to the self-administered division Okkahta
or self-administered zone Okkahta.
(h) The Okkahta of the self-administered
division or self-administered zone and members of the leading body concerned
shall --
(1) choose one representative for each
national race, if there is any, the population of which is upwards of at least
10,000, residing in the self-administered division or self-administered zone as
leading committee member with the exception of national races who have already
got regions or states of their own. The person chosen and appointed as leading
committee member shall possess qualifications prescribed for Region or State
Hluttaw representatives.
(2) choose suitable persons as members from
among those residing in the self-administered division or self-administered
zone concerned, who possess qualifications prescribed for Region or State
Hluttaw representatives, if the membership is not up to ten in the
self-administered division leading body or the self-administered zone leading
body concerned so that membership will become at least ten.
(i) The Commander-in-Chief of Defence
Services shall assign as necessary one fourth of the total membership with
Tatmadaw members in the self-administered division leading bodies or
self-administered zone leading bodies.
(j) Tatmadaw members nominated according to
law by the Commander-in-Chief of Defence Services to be assigned as members of
the self-administered division leading bodies or self-administered zone leading
bodies shall possess qualifications of the Region or State Hluttaw
representatives.
(k) (1) The Okkahta of the respective self-administered
division leading bodies or self-administered zone leading bodies shall announce
the names of the members of the self-administered division leading body or
self-administered zone leading body.
(2) The Okkahta of the self-administered
division leading body or self-administered zone leading body shall be
responsible to the respective Region or State Chief Minister, and through the
Chief Minister to the President of the State.
(3) Members of the self-administered division
leading bodies or self-administered zone leading bodies shall be responsible to
the Okkahta.
(4) The term of office, taking action,
resignation, removal from duty, termination of duty and filling up vacant posts
of the Okkahta and members of the self-administered division leading bodies or
self-administered zone leading bodies shall be prescribed by law.
(l) Duties, rights and privileges of the
Okkahta and members of the self-administered division leading bodies or
self-administered zone leading bodies shall be prescribed by law.
(m) The head of General Administrative
Department in the respective self-administered division or self-administered
zone shall serve as secretary of the self-administered division leading body or
self-administered zone leading body. Moreover, the General Administrative
Department in the self-administered division or self-administered zone shall be
the office of the self-administered division leading body or self-administered
zone leading body.
(n) In place of the clause "The State
shall form a commission to undertake matters included in abovementioned
Paragraph (d) Sub-paragraph (5) and (6), Paragraph (g) Sub-paragraph (5) and
this Paragraph Sub-paragraph (4), the following shall be substituted "The
National Convention shall forthwith carry out matters included in
above-mentioned Paragraph (d) Sub-paragraphs (5) and (6), Paragraph (g)
Sub-paragraph (5) and this Paragraph Sub-paragraph (4)."
[Yangon City Union Territory]
35. In connection with administration of
Yangon City that is Union territory,
(a) Yangon City, that is Union territory,
shall include all districts and townships within Yangon city development limits
that exist on the day this Constitution comes into force.
(b) The President of the State may, as
necessary, effect changes in demarcation of districts and townships in Yangon
City that is Union territory.
(c) The President of the State --
(1) shall constitute a Yangon City Council;
(2) shall appoint persons who possess
prescribed qualifications as chairman and members of Yangon City Council;
(3) shall obtain from the Commander-in-Chief
of the Defence Services a nomination of suitable Tatmadaw member or members who
possess prescribed qualifications for appointment as Council member or members
for coordination of matters of security of Yangon City that is Union territory.
(4) may, as necessary, prescribe, in accord
with law, the number of members, including the chairman, to serve on Yangon
City Council.
(d) The chairman and members of Yangon City
Council shall possess the following qualifications:
(1) person fully 35 years old;
(2) person who possesses qualifications
prescribed for Pyithu Hluttaw representatives except for the age stipulation;
(3) person who possesses other qualifications
prescribed by the President of the State;
(e) The chairman of the Yangon City Council
shall be responsible to the President of the State; members shall be
responsible to the chairman of Yangon City Council and through the latter to
the President of the State.
(f) In connection with tenure, right to
resign, termination of duties, and appointment to fill vacant posts of the
chairman and members of Yangon City Council,
(1) The tenure of the chairman and members of
Yangon City Council shall normally be the same as that of the President of the
State;
(2) The chairman or member of Yangon City
Council, in the event of wishing to resign of own volition for some reason
before the end of the tenure, may submit so in writing to the President of the
State and do so;
(3) The President of the State --
(aa) may order the resignation of the
chairman or a member of the Yangon City Council who is unable to discharge the
given duties fully or, in the event of non-compliance, shall order termination
of the duties of the same,
(bb) shall act in coordination with the
Commander-in-Chief of the Defence Services in the case of a Tatmadaw member who
is a member of the Yangon City Council that is to resign or is going to get
termination of duties.
(4) In the even there comes about a vacancy
in the post of the chairman or a member of Yangon City Council due to
resignation, termination of duties, death or any other cause, the President of
the State may appoint a new chairman or member of Yangon City Council in accord
with the provisions of the State Constitution. The tenure of the new chairman
or member of Yangon City Council shall be only for the remainder of the tenure
of the President of the State.
(g) In the event the chairman or member of
Yangon City Council happens to be a representative in a Hluttaw, this person
shall be deemed to have resigned as a Hluttaw representatives from the date of
appointment as the chairman or member of Yangon City Council.
(h) In the event the chairman or member of
Yangon City Council happens to be a civil servant, this person shall be deemed
to have retired or resigned as a civil servant in accord with existing service
regulations from the date of appointment as the chairman or member of Yangon
City Council.
(i) Tatmadaw member or members who are
appointed member or members of Yangon City Council for coordination of matters
of security of Yangon City need not retire or resign from the Tatmadaw.
(j) In the event the chairman or member of
Yangon City Council happens to be a member of a political party, this person
shall not participate in party activities of that party organization during the
tenure of the post from the date of appointment as the chairman or member of
Yangon City Council.
(k) Formation of Yangon City Council, duties,
rights and privileges of the chairman and members of Yangon City Council shall
be prescribed by law.
(l) The head of General Administration
Department of Yangon City is the secretary of Yangon City Council. General
Administrative Department of Yangon City is the office of Yangon City Council.
36. In connection with prescribing of status
of chairman and members of Yangon City Council,
-- The chairman of Yangon City Council is
prescribed to be of the same status as Union Minister, for purposes of
reference in prescribing by law duties, rights and privileges of the chairman
and members of Yangon City Council.
[Coco Island Union Territory]
37. In connection with administration of Coco
Island township that is Union territory,
-- administration of Coco Island township
that is Union territory shall be carried out in coordination with
administration of Yangon City that is Union territory.
[Districts and Townships]
38. In connection with administration at
district and township level,
-- administration at district and township
level shall be carried out, assigned to State service personnel.
[Wards and Village Tracts]
39. In connection with administration at ward
or village-tract level,
-- administration at ward or village tract
level shall be carried out, assigned in accord with law, to a person of
integrity respected by the community.
With this I conclude my presentation on
formation in executive matters.
(NLM 3/31)
Chapter on The Judiciary
Mar. 30: The Plenary Session of the National
Convention continued, with 517 of 586 delegates present.
(NLM 3/31)
Chairman U Aung Toe of the National
Convention Convening Work Committee "presented the detailed principles
laid down to serve as basis in formation of 'The Judiciary' to be included in
writing the State Constitution to the National Convention.... [full text]:
[Judicial power]
1. In connection with the distribution of
judicial powers of the State,
The judicial power of the State is
distributed--
(a) in accordance with the State Constitution
or by other laws, among the Supreme Court of the Union, High Courts of the
Regions, High Courts of the States, Courts of the self-administered divisions,
Courts of the self-administered zones, District Courts, Township Courts, other
courts constituted by law and judges appointed in accordance with law,
(b) in accordance with the State Constitution
or by other laws, among Courts Martial,
(c) in accordance with the State
Constitution, to the Constitutional Tribunal.
2. In connection with the constitution of the
Supreme Court of the
(a) In the State is constituted one Supreme
Court of the
(b) (1) The head of the Supreme Court of the
(2) In the Supreme Court of the
(c) (1) The President of the State shall
submit the nomination of person suitable to be appointed as the Chief Justice
of the Union to the Pyidaungsu Hluttaw and seek the approval of it.
(2) Pyidaungsu Hluttaw shall not have the
right to reject the persons nominated by the President for appointment of the
Judges of the Supreme Court of the Union [sic-- should probably read Chief
Justice of the Union] unless it can clearly prove that the persons do not meet
the qualifications for the post prescribed in the Constitution.
(3) The President of the State has the right
to submit again the list furnished with new name replacing the one who has not
been approved by Pyidaungsu Hluttaw for the appointment of the Judge of the
Supreme Court of the Union [sic--should probably read Chief Justice of the
Union].
(4) The President of the State shall appoint
the person who has been approved by the Pyidaungsu Hluttaw as the Chief Justice
of the
(d) (1) The President of the State, in
consultation with the Chief Justice of the Union, shall submit the nomination
of persons suitable to be appointed as the Judges of the Supreme Court of the
Union to the Pyidaungsu Hluttaw and seek the approval of it.
(2) Pyidaungsu Hluttaw has no right to reject
persons nominated by the President of the State for the appointment of Judges
of the Supreme Court of the
(3) The President of the State has the right
to submit again the list furnished with new name replacing the one who has not
been approved by the Pyidaungsu Hluttaw for the appointment of a Judge of the
Supreme Court of the
(4) The President of the State shall appoint
persons approved by the Pyidaungsu Hluttaw as Judges of the Supreme Court of
the
3. In connection with qualifications of the
Chief Justice of the
(a) be not younger than 50 years and not
older than 79;
(b) possess qualifications, except for age
limit, prescribed for Hluttaw representatives;
(c) (1) have been for at least five years as
a judge of the High Court of a region or state, or
(2) have been a judicial officer or law
officer for at least ten years not lower than region or state level, or
(3) have been an advocate of a High court of
at least 20 years' standing,
(4) have been assumed by the President to be
a legal expert of prominent reputation.
(d) be loyal to the State and the citizenry;
(e) not be a member of a political party;
(f) not be a Hluttaw representative.
4. In connection with the powers to be vested
in the President of the State,
(a) The President of the State shall impeach
the Chief Justice of the
(1) treason,
(2) violation of any of the provisions of the
Constitution,
(3) misconduct,
(4) being disqualified for the post of the
Chief Justice of the
(b) If it is desired to impeach the Chief
Justice of the
(c) The Nayaka of the Pyidaungsu Hluttaw
shall form an investigation commission and cause the charge to be investigated
according to law.
(d) In forming the investigation commission,
equal number of representatives of the Pyithu Hluttaw and the Amyotha Hluttaw
shall be included and a suitable person out of the commission members shall be
appointed as chairman of the investigation commission.
(e) The term pending the completion of the
investigation shall be determined depending on the magnitude of the charge.
(f) The President of the State may explain
the charge made by him before the investigation commission personally or
through a representative. He has the right to submit evidence and witnesses.
(g) The person thus charged shall have the
right to appear or to be represented at the investigation of the charge and be
given the chance to refute it.
(h) The Nayaka of the Pyidaungsu Hluttaw
shall report to the Pyidaungsu Hluttaw the findings of the investigation
commission.
(i) If a decision is passed, supported by
two-thirds of the total membership of the Pyidaungsu Hluttaw, declaring that
the charge has been substantiated and the Chief Justice of the Union or a Judge
of the Supreme Court of the Union thus charged is such as to render him unfit
to continue in office, the Nayaka of the Pyidaungsu Hluttaw shall report the
decision to the President of the State.
(j) The President of the State [shall] then
proceed to remove the Chief Justice of the
(k) If the Pyidaungsu Hluttaw decides that
the charge has been refuted, the Nayaka of the Pyidaungsu Hluttaw shall report
the decision to the President of the State.
5. In connection with the impeachment of the
Chief Justice of the
(a) The Chief Justice of the
(1) breach of allegiance to the State,
(2) violation of any of the provisions of the
Constitution,
(3) moral turpitude,
(4) being disqualified for the post of the
Chief Justice of the
(b) If it is desired to impeach the Chief
Justice of the
(c) However, if the Hluttaw concerned submits
report that the charge has been substantiated and the offence, the subject of
the charge, is such as to render the Chief Justice of the Union or a Judge of
the Supreme Court of the Union unfit to continue in office, the President of
the State shall proceed to proclaim the removal of the Chief Justice of the
Union or a Judge of the Supreme Court of the Union.
(d) If the Hluttaw concerned decides that the
charge has been refuted, the Okkahta of the Hluttaw concerned shall report the
decision to the President of the State.
6. In connection with the term of office of
the Chief Justice of the
The Chief Justice of the Union and Judges of
the Supreme Court of the Union are to hold office up to the age of 70 unless
asked to resign by the President of the State or removed from office, or until
one of the following occurs:
(a) resignation of own accord;
(b) being removed from office after
impeachment in accordance with the provisions of the Constitution;
(c) permanent disability due to either
physical or mental defects shown by medical board of examinations prescribed by
law, or any other cause rendering them unfit to carry on duties;
(d) death.
7. In connection with the Chief Justice of
the
(a) the Chief Justice of the
(b) the Chief Justice of the
8. In connection with duties, rights and
privileges of the Chief Justice of the
-- duties, rights and privileges of the Chief
Justice of the
9. In connection with the status of the Chief
Justice of the
-- The Chief Justice of the Union is
prescribed to be of the same status as the Vice-President and Judges of the
Supreme Court of the Union are prescribed to be of the same status as Union
Minister, for the purpose of reference in prescribing by law duties, rights and
privileges of the Chief Justice of the Union or Judges of the Supreme Court of
the Union.
[Region or State High Courts]
10. In connection with formation of High
Courts of Region or State,
(a) there is a High Court of the Region in
every Region, and a High Court of the State in every State.
(b) (1) The leader of High Court of the
Region or High Court of the State shall be known as Chief Justice of the High
Court of the Region or Chief Justice of the High Court of the State.
(2) In a High Court of the Region or High
Court of the State, a minimum of three and a maximum of seven Judges of the
High Court of the Region or the High Court of the State, inclusive of the Chief
Justice of the High Court of the Region or Chief Justice of the High Court of
the State, may be appointed.
(c) (1) The President of the State, in
coordination with the Chief Justice of the Union and the Chief Minister of the
Region or State concerned, shall prepare a nomination of the Chief Justice of
the High Court of Region or State, and the Chief Minister of the Region or
State concerned, in coordination with the Chief Justice of the Union, shall
prepare a nomination of the Judges of the High Court of the Region or State
concerned, and they shall send them to the Region or State Hluttaw concerned.
(2) Region or State Hluttaw concerned shall
not have the right to reject the person nominated by the President of the State
in coordination with the Chief Justice of the Union and the Chief Minister of
the Region or State concerned, to be appointed Chief Justice of the High Court
of the Region or State, or the persons nominated by the Chief Minister of the
Region or State concerned, in coordination with the Chief Justice of the Union,
to be appointed Judges of the High Court of the Region or State concerned,
unless it can prove clearly that the person or persons do not fully possess
qualifications prescribed for the Chief Justice of the High Court of the Region
or State and Judges of the High Court of the Region or State as contained in
the Constitution.
(3) There is right to present new nomination
as prescribed in place of persons rejected in Sub-Paragraph 2 above.
(4) The President of the State shall appoint
persons approved by Region or State Hluttaw as the Chief Justice of the High
Court of Region or State and Judges of the High Court of the Region or State.
11. In connection with the qualifications of
the Chief Justice of High Court of Region or State or Judges of the High Court
of Region or State,
-- the Chief Justice of the High Court of
Region or State and Judges of the High Court of Region or State shall possess
the following qualifications:
(a) person not younger than 45 and not older
than 65 years of age;
(b) person who possesses qualifications
prescribed for Region or State Hluttaw representatives except for the age
stipulation;
(c) (1) person who has served at least five
year as judicial service personnel or law service personnel of not lower than
Region or State level or at least ten years as judicial service personnel or
law service personnel of not lower than district level, or
(2) person who has service as advocate for 15
years, or
(3) person whom the President of the State
regards as one of high repute as learned in law.
(d) person loyal to the State and to the
citizenry;
(e) person who is not a member of a political
party;
(f) person who is not Hluttaw representative.
12. In connection with empowering the
President of the State and the Chief Minister of Region or State,
(a) The President of the State may impeach
the Chief Justice of the High Court of Region or State, and the Chief Minister
of Region or State may impeach a Judge of the High Court of Region or State,
for any of the following:
(1) breach of allegiance to the State,
(2) breach of a provision of the
Constitution,
(3) moral turpitude,
(4) losing qualifications prescribed for the
Chief Justice of the High Court of Region or State or Judges of the High Court
of the Region or State.
(b) In the event the President of the State
wishes to impeach the Chief Justice of the High Court of Region or State, or
the Chief Minister of Region or State wishes to impeach a Judge of the High
Court of Region or State, he shall send the impeachment to the Region or State
Hluttaw Okkahta.
(c) Region or State Hluttaw shall form an
inquiry committee and have it conduct inquiries in accord with law.
(d) The inquiry committee shall be formed
with Region or State Hluttaw representatives, and a suitable one from among
them shall be appointed chairman of the inquiry committee.
(e) The time allowed to conduct and complete
the inquiry shall also be prescribed, with due consideration of the volume of
work involved in the inquiry.
(f) The President of the State or the Chief
Minister of Region or State may, in person or through a representative, explain
the impeachment before the inquiry committee, and has also the right to produce
evidence and witnesses.
(g) The person impeached shall be given the
right of self-defence, in person or through a representative, in the inquiry.
(h) The Okkahta of the Region or State
Hluttaw shall report to the Region or State Hluttaw on the results of the
investigation on the charge submitted to him by the investigation committee.
(i) If it is decided that the charge is
correct and that the Chief Justice or Judge of the High Court of the Region or
State is not fit to continue in office, then it is to be supported by not less
than two-thirds of the total membership of the Hluttaw of the Region or State
and the Okkahta of the Hluttaw shall submit the matter to the President if it
is the case of the Chief Justice of High Court of the Region or State and the
Chief Minister of the Region or State concerned if it is the case of a judge of
the High Court of the Region or State. The Chief Minister of the Region or
State concerned, on receiving the report, shall submit it to the President.
(j) The President, on receiving the report,
shall order the removal from office of the Chief Justice or judge of the High
Court of Region or State.
(k) If the Hluttaw of the Region or State
concerned decides that the charge against the Chief Justice or judge of the
High Court of Region or State has been refuted, the Okkahta of the Hluttaw
concerned shall report the decision to the President if it is the case of the
Chief Justice of High Court of the Region or State and to the Chief Minister of
the Region or State concerned if it is the case of the judge of High Court of
the Region or State.
13. In connection with impeachment of the
Chief Justice or any of judges of High Court of Region or State,
(a) The Chief Justice or a judge of the High
Court of Region or State shall be impeached for any of the following:
(1) treason,
(2) violation of any of the provisions of the
Constitution,
(3) misconduct,
(4) being disqualified for the post of Chief
Justice or judge of the High Court of Region or State as prescribed in the
Constitution.
(b) If there arises a cause to impeach a
Chief Justice or a judge of the High Court of a Region or State fro any of the
above offences, a proposal in writing signed by not less than one-fourth of the
total membership of the Region or State Hluttaw shall be submitted to the
Okkahta of the Hluttaw concerned.
(c) The Okkahta of the Hluttaw concerned
shall cause the charge to be investigated by a committee. The term pending the
completion of the investigation shall be determined depending on the magnitude
of the charge.
(d) The Chief Justice or judge of the High
Court of the Region or State who is charged shall have the right to appear or
to be represented at the investigation of the charge and given the chance to
refute.
(e) The finding made by the investigation
committee on the charge made by the Region or State Hluttaw against the Chief
Justice or judge of the High Court of a Region or State shall be submitted to
the Okkahta of the Hluttaw concerned. If a resolution is passed, supported by
not less than two-thirds of the total membership of the Hluttaw concerned,
deciding that the charge is such as to render the Chief Justice or judge of the
High Court of the Region or State unfit to continue in office, the Okkahta of
the Hluttaw concerned shall submit the decision to the President if it is the
case of the Chief Justice of the High Court of Region or State and to the Chief
Minister of the Region or State concerned if it is the case of a judge of the
High Court of the Region or State. The Chief Minister of the Region or State
concerned, on receiving the report, shall submit it to the President.
(f) The President, on receiving the reports,
shall order the removal from office of the Chief Justice or judge of the High
Court of Region or State.
(g) If the Hluttaw of the Region or State
concerned decides that the charge against the Chief Justice or judge of the
High Court of the Region or State has been refuted, the Okkahta of the Hluttaw
concerned shall submit the decision to the President if it is the case of the
Chief Justice of the High Court of Region or State and to the Chief Minister of
the Region or State concerned if it is the case of a judge of the High Court of
Region or State.
14. In connection with term of office of the
Chief Justice or judge of the High Court of the Region or State,
-- the Chief Justice or judges of the High
Court of the Region or State shall have the right to serve till they are fully
65 years of age if there does not arise any of the following reasons:
(a) voluntary resignation,
(b) termination of service after impeachment
in accordance with the provisions of the Constitution,
(c) becoming unfit to continue service for
permanent disability due to physical or mental impairment as certified by the
medical board prescribed by law,
(d) death.
15. In connection with the need for the Chief
Justice or judges of the High Court of the Region or State to be free of party
politics and to retire from civil service,
(a) the Chief Justice or judges of the High
Court of the Region or State shall be free of party politics;
(b) the Chief Justice or judges of the High
Court of the Region or State, if they happen to be civil servants, shall be
considered as having retired from civil service in accordance with existing
civil service regulations from the date they are appointed the Chief Justice or
judges of the High Court of the Region or State.
16. In connection with responsibilities,
rights and privileges of the Chief Justice or judges of the High Court of the
Region or State,
-- Responsibilities, rights and privileges of
the Chief Justice or judges of the High Court of the Region or State shall be
prescribed by law.
17. In connection with the status of the
Chief Justice or judges of the High Court of the Region or State,
-- The Chief Justice of the High Court of the
Region or State is prescribed to be of the same status as Union Minister and
the judge of the High Court of the Region or State is prescribed to be of the
same status as Deputy Minister for the purpose of reference on prescribing by
law responsibilities, rights and privileges of the Chief Justice or judges of
the High Court of the Region or State.
[Lower courts]
18. In connection with formation of various
levels of courts under the High Court of the Region or State,
Under the High Court of the Region or State,
there are the following levels of courts:
(a) if there is no self-administered area in
the Region or State,
(1) district courts,
(2) township courts;
(b) if there is self-administered area in the
Region or State,
(1) in the self-administered division,
(aa) court of the self-administered division,
(bb) township courts;
(2) in the self-administered zone,
(aa) court of the self-administered zone,
(bb) township courts;
(3) in other areas,
(aa) district courts,
(bb) township courts;
(c) in the Union territory,
(1) district courts,
(2) township courts;
(d) other courts set up by law.
19. In connection with appointment of judges,
giving them judicial powers, prescribing their duties, rights and privileges
and formation of service organizations at these courts and their duties, rights
and privileges,
(a) appointing judges at various levels of
courts under the High Court of the Region or State, giving them judicial powers
and prescribing their duties, rights and privileges shall be in accordance with
law;
(b) forming service organizations comprising
officers and other ranks at the Supreme Court of the Union, High Courts of
Regions or States and other courts and prescribing duties, rights and
privileges of service personnel in them shall be in accordance with law.
With this, I conclude laying down detailed
basic principles to serve as basis in the formation of the legislature, the
executive and the judiciary. (NLM 4/1)
Closing Address
Mar. 30: In adjourning the Plenary Session of
the National Convention to an unspecified date, Chairman Lt-Gen. Myo Nyunt of
the National Convention Convening Commission said [full text]:
Esteemed delegates of the National
Convention,
I extend my best wishes to the delegates to
be able to work with peace of mind, fully in all aspects, in the national
political task of contributing suggestions to get most complete and appropriate
basic principles to serve in writing the State Constitution that is of vital
importance to the State and all the citizenry.
Because of weaknesses and flaws in the State
Constitution of 1947 that had existed in our Myanmar Naing-Ngan, solidarity of
the national races had deteriorated to near disintegration. Just as the cause
of such weaknesses and flaws in the Constitution was not fee of influence of
British colonialists who enslaved, oppressed and rules us at one time, one
other reason was that it had to be written in haste, not with due thorough
consideration and deliberation.
The writing of the State Constitution of
1974, was systematic, with time given for it, but after 14 years thence, there
emerged about [sic] economic difficulties for Myanmar Naing-Ngan, as they did
for the world at large, and weaknesses of the centrally-controlled economic
system became evident. In the political system, too, the country did not
develop as much as expected under the single-party leadership, and so the
people became tired of the single-party system. Consequently, there came about
political and economic change, and along with it ended the essence of the
Constitution of 1974.
Now, the government of the State Law and
Order Restoration Council is striving its utmost to promote the basic interests
of the citizen and the State. The most basic aspiration of the people is for
their life to be fully peaceful and pleasant and for the nation inclusive of
themselves to achieve marked economic development and become a developed modern
State in good time. Delegates know that the State Law and Order Restoration
Council is endeavouring to practically fulfil the basic wishes of the people
for peace, tranquillity and development. In doing so, it is proceeding, not
without plan, groping like sinking the bait where the fish seems evident, but
on the contrary with due foresight and a definite programme, prominently laying
down the 12 objectives and striving resolutely for their realization.
If we look at the four political objectives,
namely,
-- Stability of the State, community peace
and tranquillity, prevalence of law and order,
-- National reconsolidation,
-- Emergence of a new enduring State
Constitution,
-- Building of a new modern developed nation
in accord with the new State Constitution.
The very basis is the stability of the State,
community peace and tranquillity, and prevalence of law and order.
The Chairman of the State Law and Order
Restoration Council Commander-in-Chief of Defence Services himself noted the
significance of this point in his address at Annawa Yeiktha in Thandwe on 9
March. He said:
"Priority has been given especially to
stabilising the unstable situation in the country. Any political, economic,
social or development undertaking cannot be implemented without peace and
tranquillity in the country.
"Nation-building and development tasks
are now being implemented in a steady course as priority has been given to
restoring peace and stability in the nation of three to four years.
"Stability of the State, community peace
and tranquillity and prevalence of law and order are most essential in nation
building.
"However, there are internal and
external elements who are marring a stable, peaceful and developing condition
in the country. The entire mass of the people must ostracize, oppose and remove
such destructionist elements in the interests of the nation and the people.
"It is the inborn duty of every citizen
to ostracize, oppose and remove the enemies of the State.
"As the State becomes stable and
peaceful, there remain many tasks to establish a new era or system."
Esteemed delegates to the National
Convention,
The most vital political programme of all the
national peoples in Myanmar today is accomplishments of these four political
objectives. Just as stability of the State, community peace and tranquillity,
prevalence of law and order are being restored, national consolidation is being
forged. The achievement of this objective is significant in Myanmar history.
The third political objective directly concerns us.
As drastic changes are being affected in
political and economic systems in Myanmar, it is imperative that there must be
an enduring Constitution that is in harmony with the changed political and
economic systems and capable of properly guiding and controlling these
political and economic systems. With lessons taken from events of the past, and
with vigil kept against the danger from reactionary elements subservient to
colonialism and imperialism and subscribing to sectarianism, as is being seen
and heard today, endeavours must be made to bring about a situation where only
the people of our country can determine all their affairs in the future State
that is truly free from any dependence and free from any stunting eclipse. So
it is necessary for all the delegates to carry on with tenacity and courage to
obtain necessary detailed basic principles without losing sight of the 104
basic principles that is the fruit of the National Convention presently.
Today, detailed basic principles on the
formation of the fourth, fifth and sixth out of 15 chapter headings, namely,
"The Legislative", "The Executive" and "The
Judiciary" are now in hand.
Discussions will continue and suggestions are
to be forwarded on the rights and powers to be exercised at the Union level and
Region/State level in connection with these three headings. This part, too, is
important. How are rights and powers to be distributed among and exercised by
the Union and the Regions/States? It will be necessary to realistically
consider and lay down principles to see that legislative, executive and
judicial powers are smoothly, properly and harmoniously exercised. As this part
is also important, it is necessary to obtain most suitable detailed basic
principles after consideration in all aspects so that there exist no weaknesses
and flaws and no confusion in exercise of the three powers.
Esteemed delegates to the National
Convention,
The principal duty of our National Convention
is laying down the basic principles; the National Convention Convening
Commission and the National Convention Convening Work Committee will have to
continue to study and conduct research from all angles to obtain good and
enduring basic principles for the State. National Convention delegates are urged
to make studies when the National Convention is in recess.
Hence, the National Convention will be in
recess beginning 31 March 1996. In the meantime, the National Convention
Convening Commission and the National Convention Convening Work Committee are
to make thorough and extensive studies to obtain detailed basic principles on
the rights and powers of the legislature, the executive and the judiciary.
Therefore, the National Convention will be
reconvened after due study and preparations in connection with those detailed
basic principles. We will meet you, all delegates, in good health on the date
announced for reconvening the National Convention.
With this, I conclude. (NLM 3/31)