DBP ON FORMATION OF THE LEGISLATURE

THE DETAILED BASIC PRINCIPLES FOR FORMATION OF THE LEGISLATURE TO BE INCLUDED IN THE STATE CONSTITUTION AS LAID DOWN BY THE NATIONAL CONVENTION PLENARY SESSION HELD FROM 28 TO 30 MARCH 1996

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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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;

(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.

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.

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.

Source: “The New Light of Myanmar” 29 March 1996

[Online Burma/Myanmar Library editor’s note: This text is taken from the full-text version transcribed from “The New Light of Myanmar” contained in “The Burma Press Summary” (BPS) – see http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0 Some of the clarifications placed in square brackets by the BPS compiler have been kept here]