The Detailed Basic Principles for the Chapters 'The
State', 'The State Structure’ and 'The Head of State' to be included in State
Constitution as Laid down by the National Convention Plenary Session held on 9
April 1994
The Detailed Basic Principles for the chapter 'The
State'
(1) Myanmar Naing- Ngan
is a sovereign, independent nation,
(2) the State shall be Known as
Pyidaungsu Thamada Myanmar Naing-Ngan-Daw,
(3) The Pyidaungsu Thamada Myanmar Naing- Ngan- Daw is a nation
collectively inhabited by various national races,
(4) Sovereign power of the State is derived from the citizens and
is in force in the whole country,
(5) The territorial boundary inclusive of the land, sea and air
space of the State is as it is on the day the State Constitution comes Into force.
Out of the principles laid
down as above to serve as base for the chapter 'The State ',
- first, second, fourth and fifth
principles were originally laid down to serve as base for the principles for
the State fundamental principles and transferred to this chapter,
- as the fifth principle was transferred'to this chapter, the words "inclusive of
the land, sea and airspace of the State" were added after the word
"boundary".
- the third principle has been laid down
for this chapter to be most complete and conclusive.
The Detailed Basic Principles for the chapter 'The State
Structure'
(1)
The State is constituted by Pyidaungsu (
(2)
The State is delineated and constituted with the seven regions,
and seven states as follows:
-
-
-
-
- Sagaing Region
- Tanintharyi
Region
- Bago Region
- Magway Region
-
-
-
-
-
- Ayeyarwady Region
- Union territories
(3) Regions and States are of equal status and
authority.
(4) If it is desired to change the name of a
region or a state, it shall be done with enactment of law after ascertaining
wishes of the citizens who have the right to vote and are residing in the region or
state concerned.
(5)
Designation of
(a)
(b)
(c) if the need arises to designate areas that have special
situation in connection with national defence, security, administration and
economy etc. as
territories
they may be so designated as Union territotries [sic] after enacting laws.
(6) Constituting the Union
- Villages
are organized into village -tract,
- wards are organized into town or
township,
- village-tracts and wards or towns
are organized into township,
- townships are organized into
district,
- districts are organized into
region or state,
- in a self- administered zone
townships therein are organized into the self- administered zone,
- in a self- administered division townships therein are
organized into district and districts are organized into the self- administered
division,
- if there be self- administered division or
self-administered zone in a region or a state, the self- administered division,
self- administered zone and districts are organized into region or state,
regions, states and Union territories are organized as the Union.
No part of the territory of
the
(8) Re- delineation of the territorial boundary of the
Union
(a) If
the need arises to re-delineate the territorial boundary of the Union, the
President of the Union shall first inform the leader of the Pyidaungsu Hluttaw
and ask him to seek the
opinion
of the Pyidaungsu Hluttaw,
(b) The leader of the Pyidaungsu
Hluttaw, after receiving the intimation of the President of the Union on
re-delineation of the territorial boundary of the Union, shall seek the
opinions of
the
Hluttaw representatives as follows:
(1) assenting votes of more than half the total number of
representatives included in the Hluttaw with equal numbers of representatives
elected from regions and states,
(2) assenting votes of more than half the
total number of representatives included in the Hluttaw elected on the basis of
population,
(3) assenting
votes of more than half the number of representatives from the region or state
involving the boundary concerned in the two Hluttaws,
(c) the leader of
the Pyidaungsu Hluttaw, after obtaining the assenting votes as mentioned above,
shall inform the President of the
the
(d) If any Hluttaw or representatives from the
region or state involving the boundary concerned in the two Hluttaws, following
the methods mentioned above dissent in connection with the re-delineation
of the territorial boundary of the
(e) the
President of the
(9) Re- delineation of the territorial boundaries of region or a state
(a) If there arises
cause to re-delineate the boundary of a region or a state, first of all the
wishes of persons with voting rights residing in the township involved in the
re-delineation of
the
boundary shall be sought,
(b) re-delineation
of (he territorial boundary shall not be effected at all without supporting
vote of more than half the total number of eligible voters residing in the
township involved in the re-delineation
of the boundary,
(c) If
more than half the total number of eligible voters in the township concerned
vote in support of the re-delineation of the boundary, the wishes of the
involved region or state Hluttaw representatives shall be sought,
(d) the
President of the Union, with the approval of the Pyidaungsu Hluttaw, shall
re-delineate the territorial boundary of a region or a state, after getting the
supporting vote of three-fourths and upwards of the total number of involved
region or state Hluttaw representatives,
(e) the decision of the Pyidaungsu
Hluttaw shall be sought if an involved region or state Hluttaw passes a
decision against re-delineation of the boundary,
(f) the President of the
(10) Re-delineation of the boundary, organization and change of name of
a village, village-tract, ward, town,
township and district in a region, state, self-administered
division or self-administered zone
- If
occasion arises to make changes in the boundary, organization or name of a
village, village-tract, ward, town, township or district in a region, state,
self-administered division or self-administered zone, the region or state
executive authority concerned shall submit recommendations to the President of
the
(11) Change of name of a self-administered division or
self-administered zone
- If it
is desired to change the name of a self-administered division or
self-administered zone, the
same method shall be applied as in the case of a change of the
name of the region or state.
Out of the principles laid to serve as base for the chapter 'The State structure '
as mentioned above –
- the first, second, third, fourth
and seventh principles were originally laid down to serve as base for the State
fundamental principles and then transferred to this chapter,
- as
they were transferred to this chapter the term '. 'Union territories' was added as the second principle
and the existing names of the seven regions and seven states were also
added,
- other basic principles have been
laid down to make this chapter most complete and conclusive,
- the basic principle concerning
designation of the self-administered division or self- administered zone to be
included in this chapter will be discussed [word missing]
continuation
when the Plenary Session of the National Convention re-convenes on
The Detailed Basic Principles for the chapter ' The
Head of State'
1. The
Head of State is the President of the
2. The
President of the
3. The
President of the
(4) Qualifications of the President and Vice-
Presidents-
(a) The President of the
(b) The
President of the Union must be a citizen of Myanmar who was, and both of whose
parents were, born in the territory under the jurisdiction of the State,
belonging to the nationlity [sic] of Myanmar,
(c) The elected President of the
(d) The President of the
(e) The President of the
(f) The President of the Union himself, parents, spouse, children
and their spouses shall not owe allegiance to a foreign power, shall not be
subject of a foreign power or citizen of a
foreign
country. They shall not be persons entitled to the rights and privileges of a
subject or citizen of a foreign country,
(g) The President of the
(h) The
Vice- President shall possess qualifications required of the President.
(5) Election of the President and Vice- Presidents-
(a) The president of the
(b) The presidential electoral college shall be organized with
three groups of the Pyidaungsu Hluttaw representatives as follows
:
(1) Group formed with elected Hluttaw representative in the
Hluttaw with equal numbers of representatives elected from regions and states,
(2) Group formed with elected Hluttaw representatives in the
Hluttaw elected on the basis of population,
(3) Group formed with Tatmadaw member
Hluttaw representatives nominated as such by the Commander-in-Chief of the
Defence Services for the said two Hluttaws.
(c) Each group shall elect a Vice- President from among Hluttaw
representatives or from among persons who are not
Hluttaw representatives,
(d) A body
comprising the leaders and deputy leaden of the Pyidaungsu Hluttaw and the two
Hluttaws [in] the Pyidaungsu Hluttaw shall scrutinize whether or not the Vice-
Presidents possess the qualification
prescribed for the President,
(e) The
presidential electoral college made up of all the Pyidaungsu Hluttaw
representatives shall elect by vote one of the three Vice- Presidents who are
presidential candidates, as the President of the Union,
(f) Law shall be enacted as required for presidential election.
.
(6) Term of office of the President or the Vice-
Presidents -
(a) The term of office of the president or the Vice -Presidents
is five years,
(b) After expiry of incumbent term, the President and the Vice-
Presidents shall carry on in office till the time the new President and Vice-
Presidents are duly elected,
(c) The President and the Vice- Presidents shall not serve more
than two terms,
(d) An interim period to serve as the President or the Vice-
President shall not be counted as one term of office,
(e) If a
vacancy is filled for the presidency or Vice-Presidency for any reason, the
term of office of the President or the Vice-President shall be up to the end of
the original term of office.
(7) The President or the
Vice- Presidents shall not be representatives of any Hluttaw.
(8) if a Hluttaw representative be elected President or
Vice-President, this person shall be deemed to have resigned from his seat in
the Hluttaw, and if a service personnel be elected President or Vice-
President, the person shall be deemed to have resigned or retired from the date
of such election.
(9) If a
person elected President or Vice- President happens to be member of a political
party, this person shall not participate in party activities of that party
organization, from the date of such election, during the term of office.
(10) In taking oath of office by the President and the
Vice-Presidents, the following points are to be included:
- to be loyal to the Union of
Myanmar and the citizenry,
- to hold always in esteem
non-disintegration of the
- to uphold and abide by the State
Constitution and to abide by laws of the State,
- to carry out the responsibilities
uprightly to the best of one's ability,
- to strive for further flourishing
of worldly values such as justice, liberty and equality, .
- to solemnly declare and
pledge-dedication of life and person to the service of the Union of Myanmar.
(11) The President or the Vice- Presidents shall exercise
responsibilities and rights assigned and vested by the constitution and other
laws.
(12) The President and the Vice-
Presidents shall not accept any other office or position of emolument.
(13) The President and the Vice- Presidents shall furnish lists of
assets namely family owned land, houses, buildings, businesses, savings and
other valuables stating the
values
belonging to the respective families led by them and send them to the leader of
the Pyidaungsu Hluttaw,
(14) The President and the Vice-
Presidents shall be entitled to enjoy the emolument and facilities of office,
in accord with law. Each shall also be entitled to have a suitable
residence.
(15) Except in the case of removal from office following iMpeachment, the President and the Vice- Presidents shall
enjoy pension and appropriate allowances on retirement
after
expiry of the term of office,
(16) Impeachment
of the President or the Vice-President
(a) The President or any Vice-President shall
be impeached for one of the following reasons:
(1) treason,
(2) violation of
the provisions in the Constitution,
(3) misconduct,
(4) being
disqualified for the Presidency or Vice-Presidency under the Constitution.
(b) If it
is desired to impeach the President or any Vice-President, not less than one
fourth of the total membership of any of the two Hluttaws included in the
Pyidaungsu Hlultaw is to sign a charge and submit it
to the leader of the Hluttaw concerned,
(c) Further action shall be taken if not less than two-thirds of
the total membership of the Hluttaw concerned support the charge,
(d) If one Hluttaw supports to take action in connection with the
charge, the other Hluttaw shall investigate the charge or form a body to
investigate the charge,
(e) The President or the Vice-President shall have the right to
refute the charge personally or through a representative when it is
investigated,
(f) If not
less than two thirds of the total membership of the Hluttaw by which the charge
was investigated or caused to be investigated declares after the investigation
that the charge has been sustained and than decides that the offence, the
subject of the charge, is such as to render the President or the Vice-President
unfit to continue in office, that Hluttaw shall submit it to the leader of the
Pyidaungsu Hluttaw to remove the President or Vice-President from office,
(g) The leader of the Pyidaungsu Hluttaw shall proclaim removal of
the President or Vice-President immediately after the receipt of the intimatien.
(17) The President or
Vice-President shall be allowed to resign from office of his own volition
before the expiry of the term of office.
(18) In connection with the methods to be applied if the post of the
President or Vice-president falls vacant-
(a) one of
the Vice-Presidents who has won the second highest votes in the presidential
election shall serve as Acting President if the post of the President falls
vacant due to his resignation, death, permanent disability or any other cause,
(b) if the vacancy of the President comes about while the
Pyidaungsu Hluttaw is in session, the Acting President shall promptly inform
the leader of the Pyidaungsu Hluttaw
for filling it within seven days,
(c) on receipt of the intimation, the leader of the Pyidaungsu
Hluttaw shall move for electing of a Vice-President by the representatives
group which had elected the Vice-President who later got ejected President but
now vacated the presidency,
(d) after the representatives group concerned has elected a Vice-
President, the electoral college made up of all the Pyidaungsu Hluttaw
representatives shall elect the President of the
(e) if the
vacancy comes about when the Pyidaungsu 'Hluttaw Js not in session, the leader
of the Pyidaungsu Hluttaw shall summon a Pyidaungsu Hluttaw session within 21
days from the date of receipt of the intimation from the Acting President, and
carry on for filling the vacant presidency in the way stated above,
(f) If the post of a Vice-President falls vacant due to
resignation, death; permanent disability or any other cause while the
Pyidaungsu Hluttaw is in session, the President shall
promptly
inform the leader of the Pyidaungsu Hluttaw to enable the Hluttaw
representatives group which has elected the just vacated Vice-President to
elect a new Vice-President within seven days,
(g) if the vacancy comes about when the Pyidaungsu Hluttaw is not
in session the leader of the Pyidaungsu Hluttaw shall summon the Pyidaungsu
Hluttaw session within 21 days, and
carry on
for filling the Vice-Presidency by the Hluttaw representatives group in the
prescribed method.
Out of the principles laid down to serve as base for the chapter 'The Head of
State' mentioned above --
- the first and fifth (a) principles
were originally laid down to serve as base for the State fundamental principles
and then transferred to. this chapter,
- the remaining [sic] basic principles have been laid
down to make this chapter most complete and conclusive.
[OBL Editor’s note: This
version was scanned from a document circulating in