THE CONSTITUTION OF THE UNION OF BURMA

 

 

 

                                 CONTENTS

 

                               PREAMBLE PAGE

                                 CHAPTER I

                               Form of State

                                 CHAPTER II

                                                            Page

           Fundamental Rights                               2

           Definition of “State”                            2

           Citizenship                                      2

           Rights of Equality                               3

           Rights of Freedom                                3

           Rights relating to Religion                      4

           Cultural and Education Rights                    5

           Economic Rights                                  5

           Rights in relation to Criminal Law               6

           Rights to Constitutional Remedies                6

                                CHAPTER III

           Relations of the State to Peasants and Workers  7

                                 CHAPTER IV

           Directive Principles of State Policy             7

                                 CHAPTER V

           The President                                   10

                                 CHAPTER VI

           Parliament                                      15

           Part I. – General                               15

           Part II. – Chamber of Deputies                  22

           Part III. – Chamber of Nationalities            24

           Part IV. – Powers of the Parliament             24

           Part V. – Legislation                           27

           Money Bills                                     28

           Signing and Promulgation                        31

                                CHAPTER VII

           The Union Government                            32

           Attorney General                                34

           Auditor General                                 35

                                CHAPTER VIII

           Union Judiciary                                 35

                                 CHAPTER IX

           Part I. – The Shan State                        43

           The Shan State Council                          43

           Government of the Shan State                    44

           Part II. – The Kachin State                     46

           Government of the Kachin State                  48

           Part III. – The Karen State                     50

           Kaw-thu-lay                                     50

           Part IV. – The Karenni State                    51

           Government of the Karenni State                 53

           Part V. – Special Division of the Chins         55

           Part VI. – New States                           55

                                 CHAPTER X

           Right of Secession                              56

                                 CHAPTER XI

           Amendment of the Constitution                   57

                                CHAPTER XII

           International Relations                         58

                                CHAPTER XIII

           General Provisions                              59

           Interpretation                                  61

                                CHAPTER XIV

           Transitory Provisions                           62

                              FIRST SCHEDULE

           Form of Oath or Affirmation                     66

                              SECOND SCHEDULE

           Composition of the Chamber of Nationalities     67

                              THIRD SCHEDULE

           List I – Union Legislative List                 68

             1. Defence                                    68

             2. External Affairs                           68

             3. Communications                             59

             4. Finance                                    70

             5. General                                    71

           List II. – State Legislative List               73

             1. Constitutional Affairs                     73

             2. Economic Affairs                           73

             3. Security                                   74

             4. Communications                             75

             5. Education                                  75

             6. Public Health                              75

             7. Local Government                           75

             8. General                                    76

                              FOURTH SCHEDULE

           State Revenue List                              77

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                             THE CONSTITUTION

 

                                    OF

 

                            THE UNION OF BURMA

 

 

 

                       Constituent Assembly of Burma

 

 

 

         Rangoon, Supdt, Govt. Printing and Stationery, Burma 1948.

 

 

 

PREAMBLE

WE, THE PEOPLE OF BURMA including the Frontier Areas and the Karenni

States, Determined to establish in strength and unity a SOVEREIGN

INDEPENDENT STATE, To maintain social order on the basis of the eternal

principles of JUSTICE, LIBERTY AND EQUALITY and To guarantee and secure to

all citizens JUSTICE social, economic and political; LIBERTY of thought,

expression, belief, faith, worship, vocation, association and action;

EQUALITY of status, of opportunity and before the law, IN OUR CONSTITUENT

ASSEMBLY this Tenth day of Thadingyut waxing, 1309 B.E. (Twenty-fourth day

of September, 1947 A.D.), DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

 

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                                 CHAPTER I

 

                               Form of State

 

1. Burma is a Sovereign Independent Republic to be known as “the Union of

   Burma.”

2. The Union of Burma shall comprise the whole of Burma, including

   (i) all the territories that were heretofore governed by His Britannic

   Majesty through the Governor of Burma, and

   (ii) the Karenni States.

3. The sovereignty of the Union resides in the people.

4. All powers, legislative, executive and judicial, are derived from the

   people and are exercisable on their behalf by, or on the authority of,

   the organs of the Union or of its constituent units established by this

   Constitution.

5. The territories that were heretofore known as the Federated Shan States

   and the Wa States shall form a constituent unit of the Union of Burma

   and be hereafter known as “the Shan State.”

6. The territories that were heretofore known as the Myitkyina and Bhamo

   Districts shall form a constituent unit of the Union of Burma and be

   hereafter known as “the Kachin State.”

7. The territories that were heretofore known as the Karenni States, viz.,

   Kantarawaddy, Bawlake and Kyebogyi shall form a constituent unit of the

   Union of Burma and hereafter known as “the Karenni State.”

8. All powers, legislative, executive and judicial, in relation to the

   remaining territories of the Union of Burma shall, subject to the

   provisions of section 180, be exercisable only by, or on the authority

   of, the organs of the Union

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                                 CHAPTER II

 

                            Fundamental Rights

 

                          DEFINITION OF “STATE.”

 9. In this Chapter and in Chapters III and IV, the term “State” means the

    executive or legislative authority of the Union or of the unit

    concerned according as the context may require.

                               CITIZENSHIP.

10. There shall be but one citizenship throughout the Union; that is to

    say, there shall be no citizenship of the unit as distinct from the

    citizenship of the Union.

11.  (i) Every person, both of whose parents belong or belonged to any of

         the indigenous races of Burma;

    (ii) every person born in any of the territories included within the

         Union, at least one of whose grand-parents belong or belonged to

         any of the indigenous races of Burma;

    (iii)every person born in any of territories included within the

         Union, of parents both of whom are, or if they had been alive at

         the commencement of this Constitution would have been, citizens

         of the Union;

    (iv) every person who was born in any of the territories which at the

         time of his birth was included within His Britannic Majesty’s

         dominions and who has resided in any of the territories included

         within the Union for a period of not less than eight years in the

         ten years immediately preceding the date of the commencement of

         this Constitution or immediately preceding the 1st January 1942

         and who intends to reside permanently there in and who signifies

         his election of citizenship of the Union in the manner and within

         the time prescribed by law,

    shall be a citizen of the Union.

 

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12. Nothing contained in section 11 shall derogate from the power of the

    Parliament to make such laws as it thinks fit in respect of

    citizenship and alienage and any such law may provide for the

    admission of new classes of citizens or for the termination of the

    citizenship of any existing classes.

                             RIGHTS OF EQUALITY

13. All citizens irrespective of birth, religion, sex or race are equal

    before the law; that is to say, there shall not be any arbitrary

    discrimination between one citizen or class of citizens and another.

14. There shall be equality of opportunity for all citizens in matters of

    public employment and in the exercise or carrying on of any

    occupation, trade, business or profession.

15. Women shall be entitled to the same pay as that received by men in

    respect of similar work.

                             RIGHTS OF FREEDOM

16. No citizen shall be deprived of his personal liberty, nor his dwelling

    entered, nor his property confiscated, save in accordance with law.

17. There shall be liberty for the exercise of the following rights

    subject to law, public order and morality: -

     i. The right of the citizens to express freely their convictions and

        opinions.

    ii. The right of the citizens to assemble peaceably and without arms.

    iii.The right of the citizens to form associations and unions. Any

        association or organization whose object or activity is intended

        or likely to undermine the Constitution is forbidden.

    iv. The right of every citizen to reside and settle in any part of the

        Union, to acquire property and to follow any occupation, trade,

        business or profession.

 

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18. Subject to regulation by the law of the Union trade, commerce and

    intercourse among the units shall be free:

    Provided that any unit may by law impose reasonable restrictions in

    the interests of public order, morality, health or safety.

19. (i) Traffic in human beings, and

    (ii)forced labour in any form and involuntary servitude, except as a

        punishment for crime whereof the party shall have been duly

        convicted, shall be prohibited.

    Explanation. – Nothing in this section shall prevent the State from

    imposing compulsory service for public purposes without any

    discrimination on grounds of birth, race, religion or class.

                        RIGHTS RELATING TO RELIGION

20. All persons are equally entitled to freedom of conscience and the

    right freely to profess and practise religion subject to public order,

    morality or health and to the other provisions of this Chapter.

    Explanation 1. – The above right shall not include any economic,

    financial, political or other secular activities that may be

    associated with religious practice.

    Explanation 2. – The freedom guaranteed in this section shall not

    debar the State from enacting laws for the purpose of social welfare

    and reform.

21. (1) The State recognizes the special position of Buddhism as the faith

        professed by the great majority of the citizens of the Union.

    (2) The State also recognizes Islam, Christianity, Hinduism and

        Animism as some of the religions existing in the Union at the date

        of the coming into operation of this Constitution.

 

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       (3) The State shall not impose any disabilities or make any

           discrimination on the ground of religious faith or belief.

       (4) The abuse of religion for political purposes is forbidden; and

           any act which is intended or is likely to promote feelings of

           hatred, enmity or discord between racial or religious

           communities or sects is contrary to this Constitution and may

           be made punishable by law.

                      CULTURAL AND EDUCATIONAL RIGHTS

22.    No minority, religious, racial or linguistic, shall be

       discriminated against in regard to admission into State educational

       institutions nor shall any religious instruction be compulsorily

       imposed on it.

                              ECONOMIC RIGHTS

23.    (1) Subject to the provisions of this section, the State guarantees

           the rights of private property and of private initiative in the

           economic sphere.

       (2) No person shall be permitted to use the right of private

           property to the detriment of the general public.

       (3) Private monopolist organizations, such as cartels, syndicates

           and trusts formed for the purpose of dictating prices or for

           monopolizing the market or otherwise calculated to injure the

           interests of the national economy, are forbidden.

       (4) Private property may be limited or expropriated if the public

           interest so requires but only in accordance with law which

           shall prescribe in which cases and to what extent the owner

           shall be compensated.

       (5) Subject to the conditions set out in the last preceding

           sub-section, individual branches of national economy or single

           enterprises may be nationalized or acquired by the State by law

           if the public interest so requires.

 

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                    RIGHTS IN RELATION TO CRIMINAL LAW.

24. No person shall be convicted of crime except for violation of a law in

    force at the time of the commission of the act charged as an offence,

    nor shall he be subjected to a penalty greater than that applicable at

    the time of the commission of the offence.

                     RIGHTS OF CONSTITUTIONAL REMEDIES

25. (1)The right to move the Supreme Court by appropriate proceedings for

       the enforcement of any of the rights conferred by this Chapter is

       hereby guaranteed.

    (2)Without prejudice to the powers that may be vested in this behalf

       in other Courts, the Supreme Court shall have power to issue

       directions in the nature of Habeas Corpus, mandamus, prohibition,

       quo warranto and certiorari appropriate to the rights guaranteed in

       this Chapter.

    (3)The right to enforce these remedies shall not be suspended unless,

       in times of war, invasion, rebellion, insurrection or grave

       emergency, the public safety may so require.

26. Every citizen, whether within or beyond the territories of the Union,

    shall be entitled to claim the protection of the Union in his

    relations with foreign States.

27. Except in times of invasion, rebellion, insurrection or grave

    emergency, no citizen shall be denied redress by due process of law

    for any actionable wrong done to or suffered by him.

28. The Parliament may by law determine to what extent any of the rights

    guaranteed by this Chapter shall be restricted or abrogated for the

    members of the Defence Forces or of the Forces charged with the

    maintenance of public order so as to ensure fulfilment of their duties

    and the maintenance of discipline.

29. The Parliament shall make laws to give effect to those provisions of

    this Chapter which require such legislation and to prescribe

    punishment for those acts which are declared to be offences in this

    Chapter and are not already punishable.

 

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                                CHAPTER III

 

               Relations of the State to Peasants and Workers

 

30. (1)The State is the ultimate owner of all lands.

    (2)Subject to the provisions of this Constitution, the State shall

       have the right to regulate, alter or abolish land tenures or resume

       possession of any land and distribute the same for collective or

       co-operative farming or to agricultural tenants.

    (3)There can be no large land holdings on any basis whatsoever. The

       maximum size of private land holding shall, as soon as

       circumstances permit, be determined by law.

31. By economic and other measures the State may assist workers to

    associate and organize themselves for protection against economic

    exploitation.

 

    The State shall protect workers by legislation intended to secure to

    them the right of association, to limit their hours of work, to ensure

    to them the right to annual holidays and to improve working

    conditions, and as soon as circumstances permit by promoting schemes

    for housing and social insurance.

 

                                 CHAPTER IV

 

                    Directive Principles of State Policy

 

32. The principles set forth in this Chapter are intended for the general

    guidance of the State. The application of these principles in

    legislation and administration shall be the care of the State but

    shall not be enforceable in any court of law.

 

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33. The State shall direct its policy towards securing to each citizen –

     (i) the right to work,

    (ii) the right to maintenance in old age and during sickness or loss

         of capacity to work,

    (iii)the right to rest and leisure, and

    (iv) the right to education.

    In particular the State shall make provision for free and compulsory

    primary education.

34. The State shall pay special attention to the young and promote their

    education.

35. The State shall promote with special care the educational and economic

    interests of the weaker and less advanced sections of the people and

    shall protect them from social injustice and all forms of

    exploitation.

36. The State shall regard the raising of the standard of living of its

    people and the improvement of public health as among its primary

    duties.

37. (1)  The State shall ensure that the strength and health of workers

         and the tender age of children shall not be abused and that they

         shall not be forced by economic necessity to take up occupations

         unsuited to their sex, age and strength.

    (2)  The State shall specially direct its policy towards protecting

         the interests of nursing mothers and infants by establishing

         maternity and infant welfare centres, children’s homes and day

         nurseries and towards securing to mothers in employment the right

         to leave with pay before and after child birth.

38. The State shall promote the improvement of public health by organizing

    and controlling health services, hospitals, dispensaries, sanatoria,

    nursing and convalescent homes and other health institutions.

 

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39. The State shall take special care of the physical education of the

    people in general and of the youth in particular in order to increase

    the health and working capacity of the people and in order to

    strengthen the defensive capacity of the State.

40. The State shall ensure disabled ex-Servicemen a decent living and free

    occupational training. The children of fallen soldiers and children

    orphaned by wars shall be under the special care of the State.

41. The economic life of the Union shall be planned with the aim of

    increasing the public wealth, of improving the material conditions of

    the people and raising their cultural level, of consolidating the

    independence of the Union and strengthening its defensive capacity.

42. The State shall direct its policy towards giving material assistance

    to economic organizations not working for private profit. Preference

    shall be given to co-operative and similar economic organizations.

43. All useful arts and sciences, research and cultural institutes and the

    study of Pali and Sanskrit shall enjoy the protection and support of

    the State.

44. (1) The State shall direct its policy towards operation of all public

        utility undertakings by itself or local bodies or by peoples’

        co-operative organizations.

    (2) The State shall direct its policy towards exploitation of all

        natural resources in the Union by itself or local bodies or by

        peoples’ co-operative organizations.

 

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                                 CHAPTER V

 

                               The President

 

45. There shall be a President of the Union hereinafter called “the

    President” who shall take precedence over all other persons throughout

    the Union and who shall exercise and perform the powers and functions

    conferred on the President by this Constitution and by law.

46. The President shall be elected by both Chambers of Parliament in joint

    session by secret ballot. Subject of the provision of this Chapter,

    election to the office of the President shall be regulated by an Act

    of the Parliament.

47. (1) The President shall not be a member of either Chamber of

        Parliament.

    (2) If a member of either Chamber of Parliament be elected President,

        he shall be deemed to have vacated his seat in that Chamber.

    (3) The President shall not hold any other office or position of

        emolument.

48. (1) The President shall hold office for five years from the date on

        which he enters upon his office, unless before the expiration of

        the period he resigns or dies, or is removed from office, or

        becomes permanently incapacitated.

    (2) No person shall serve as President for more than two terms in all.

49. No person shall be eligible for election to the office of President

    unless he –

    (i) is a citizen of the Union who was, or both of whose parents were,

        born in any of the territories included within the Union, and

    (ii)is qualified for election to the Union Parliament.

 

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50. The first President shall enter upon his office as soon as may be

    after his election, and every subsequent President shall enter upon

    his office on the day following the expiration of the term of office

    of his predecessor or as soon as may be thereafter, or in the event of

    his predecessor’s removal from office, resignation, permanent

    incapacity or death, as soon as may be after his own election.

51. The president shall enter upon his office by making and subscribing

    publicly in the presence of both Chambers of Parliament assembled and

    of the judges of the Supreme Count, the following declaration: -

      “I … do solemnly and sincerely promise and declare that I will

      maintain the Constitution of the Union and uphold its laws, that I

      will fulfil my duties faithfully and conscientiously in accordance

      with the Constitution and the law, that I will diligently avert

      every injury and danger to the Union and that I will dedicate myself

      to the service of the Union.

52. The President shall not leave the Union during his term of office save

    on the advice of the Union Government.

53. The President shall summon the Parliament for the purpose of electing

    a new President, during the three months preceding the expiration of

    his term of office.

54. (1)   The President may be impeached for –

       (i)  high treason;

       (ii) violation of the Constitution; or

      (iii) gross misconduct.

    (2)   The charge shall be preferred by either Chamber of Parliament

          subject to and in accordance with the provisions of this

          section.

 

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    (3) A proposal to either Chamber of Parliament to prefer a charge

        against the President under this section shall not be entertained

        except upon a notice of resolution in writing signed by not less

        than one-fourth of the total membership of that Chamber.

    (4) No such proposal shall be adopted by either Chamber of Parliament

        save upon a resolution of that Chamber supported by not less than

        two-thirds of the total membership thereof.

    (5) When a charge has been preferred by one Chamber of Parliament, the

        other Chamber shall investigate the charge or cause the charge to

        be investigated.

    (6) The President shall have the right to appear and to be represented

        at the investigation of the charge.

    (7) If, as the result of the investigation, a resolution be passed,

        supported by not less than two-thirds of the total membership of

        the Chamber of Parliament by which the charge was investigated or

        caused to be investigated, declaring that the charge preferred

        against the President has been sustained and that the office, the

        subject of the charge, was such as to render him unfit to continue

        in office, such resolution shall operate to remove the President

        from his office.

55. The President shall have an official residence and shall receive such

    emoluments and allowances as shall be prescribed by law. Emoluments

    and allowances of the President shall not be varied during his term of

    office.

56. (1) The President shall, on the nomination of the Chamber of Deputies,

        appoint a Prime Minister who shall be the head of the Union

        Government.

    (2) The President shall, on the nomination of the Prime Minister,

        appoint other members of the Union Government.

    (3) The President shall, on the advice of the Prime Minister, accept

        the resignation or terminate the appointment of any member of the

        Union Government.

57. The Chamber of Deputies shall be summoned, prorogued or dissolved by

    the President on the advice of the Prime Minister:

 

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    Provided that, when the Prime Minister has ceased to retain the

    support of a majority in the Chamber, the President may refuse to

    prorogue or dissolve the Chamber on his advice and shall in that event

    forthwith call upon the Chamber to nominate a new Prime Minister:

    Provided further that, if the Chamber fails to nominate a new Prime

    Minister within fifteen days, it shall be dissolved.

58. (1)Every Bill, passed or deemed to have been passed by both Chambers

       of Parliament, shall require the signature of the President for its

       enactment into law.

    (2)The President shall promulgate every law enacted by the Parliament.

59. Subject to the provisions of this Constitution, the executive

    authority of the Union shall be vested in the President; but nothing

    in this section shall prevent the Parliament from conferring functions

    upon subordinate authorities, or be deemed to transfer to the

    President any functions vested in any court, judge, or officer, or any

    local or other authority by any existing law.

60. The right of pardon shall be vested in the President.

61. (1)The President may communicate with the Parliament by message or

       address on any matter of national or public importance.

    (2)The President may also address a message to the nation at any time

       on any matter.

62. (1)The President shall not be answerable to either Chamber of

       Parliament or to any Court for the exercise or performance of the

       powers and functions of his office or for any act done or

       purporting to be done by him in the exercise and performance of

       these powers and functions.

 

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    (2) The behaviour of the President may, however, be brought under

        review in either Chamber of Parliament for the purpose of section

        54, or by any Court, tribunal or body, appointed or designated by

        either Chamber of Parliament for the investigation of its charges

        under the said section.

    (3) The validity of anything purporting to have been done by the

        President under this Constitution shall not be called in question

        on the ground that it was done otherwise than in accordance with

        the provisions contained or referred to in the next succeeding

        section.

63. (1) The powers and functions conferred on the President by this

        Constitution shall be exercisable and performable by him only on

        the advice of the Union Government, save where it is provided by

        this Constitution that he shall act in his discretion or on the

        advice or nomination of or on receipt of any communication from

        any other person or body.

    (2) The question whether any, and if so, what advice, nomination or

        communication was tendered to or received by the President shall

        not be enquired into in any Court.

64. (1) In the event of the death, resignation, removal from office,

        absence or incapacity whether temporary or permanent, of the

        President, or at any time at which the office of the President may

        be vacant, the powers and functions conferred on the President by

        this Constitution shall be exercised and performed by a Commission

        constituted as hereinafter provided.

    (2) The Commission shall consist of the following persons, namely, the

        Chief Justice of the Union, the Speaker of the Chamber of

        Nationalities and the Speaker of the Chamber of Deputies.

    (3) Such judge of the Supreme Court as has been appointed to perform

        the duties of the Chief Justice, or if there is no such judge,

        then the senior available judge of the Supreme Court, shall act as

        a member of the Commission in place of the Chief Justice on any

        occasion on which the office of the Chief Justice is vacant or on

        which the Chief Justice is unable to act.

 

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         (4)The Deputy Speaker of the Chamber of Nationalities shall act

            as a member of the Commission in the place of the Speaker of

            the Chamber of Nationalities on any occasion on which the

            office of the Speaker of the Chamber is vacant or on which the

            said Speaker is unable to act.

         (5)The Deputy Speaker of the Chamber of Deputies shall act as a

            member of the Commission in place of the Speaker of the

            Chamber on any occasion on which the office of the Speaker of

            the Chamber Deputies is vacant or on which the said Speaker is

            unable to act.

         (6)The Commission may act by any two of its members and may act

            notwithstanding a vacancy in its membership.

         (7)The provisions of this Constitution which relate to the

            exercise and performance by the President of the powers and

            functions conferred on him by this Constitution shall apply to

            the exercise and performance of the said powers and function

            under this section.

 

                                 CHAPTER VI

 

                                 Parliament

 

                              Part I. GENERAL

 

65. The legislative power of the Union shall be vested in the Parliament

    which shall consist of the President, a Chamber of Deputies and a

    Chamber of Nationalities and which is in this Constitution called “the

    Parliament” or “the Union Parliament.”

66. There shall be a session of the Parliament once at least in every year

    so that twelve months shall not intervene between the last sitting of

    the Parliament in one session and its first sitting in the next

    session.

67. (1)The Chamber of Deputies shall, as soon as may be, choose two

       members of the Chamber to be respectively the Speaker and the

       Deputy Speaker thereof, and, so often as the office of the Speaker

       or Deputy Speaker becomes vacant, the Chamber shall choose another

       member to be Speaker or Deputy Speaker, as the case may be.

 

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    (2)A member holding office as Speaker or Deputy Speaker of the Chamber

       shall vacate his office if he ceases to be a member of the Chamber,

       may at any time resign his office by writing under his hand

       addressed to the President, and may be removed from his office by a

       resolution of the Chamber passed by a majority of the then members

       of the Chamber; but no resolution for the purpose of this

       sub-section shall be moved unless at least fourteen days’ notice

       has been given of the intention to move the resolution.

       Provided that, whenever the Chamber is dissolved, the Speaker shall

       not vacate his office until immediately before the first meeting of

       the Chamber after the dissolution.

    (3)While the office of the Speaker is vacant the duties of his office

       shall be performed by the Deputy Speaker or, if the office of the

       Deputy Speaker is also vacant, by such member of the Chamber as the

       President may appoint for the purpose, and during the absence of

       the Speaker from any sitting of the Chamber the Deputy Speaker or,

       if he is also absent, such person as may be determined by the rules

       of procedure of the Chamber, or, if no such person is present, such

       other person as may be determined by the Chamber, shall act as

       Speaker.

    (4)There shall be paid to the Speaker and the Deputy Speaker of the

       Chamber such salaries as may be respectively determined by an Act

       of the Parliament.

    (5)The foregoing provisions of this section shall apply in relation to

       the Chamber of Nationalities as they apply in relation to the

       Chamber of Deputies with the substitution of references to the

       Chamber of Nationalities for references to the Chamber of Deputies.

68. (1)Subject to the provisions of this Constitution and to the rules and

       standing orders regulating the procedure of the Parliament, there

       shall be freedom of speech in the Parliament, and no member of the

       Parliament shall be liable to any proceedings in any Court in

       respect of anything said or any vote given by him in the Parliament

       or any Committee thereof, and no person shall be so liable in

       respect of publication by or under the authority of a Chamber of

       the Parliament of any report, paper, votes, or proceedings.

 

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    (2)In other respects, the privileges of members of either Chamber of

       Parliament shall be such as may, from time to time, be defined by

       an Act of the Parliament and, until so defined, shall be such as

       were immediately before the commencement of this Constitution

       enjoyed by members of the Legislature of Burma.

69. (1)All question at any sitting or joint sitting of the Chambers shall,

       save as otherwise provided by this Constitution, be determined by a

       majority of votes of the members present and voting, other than the

       Speaker or person acting as such, who shall not vote in the first

       instance, but shall have and exercise a casting vote in the case of

       an equality of votes.

    (2)The number of members necessary to constitute the quorum of either

       Chamber for the exercise of its powers shall be determined by its

       rules.

    (3)A Chamber of Parliament shall have power to act notwithstanding any

       vacancy in the membership thereof, and any proceedings in the

       Parliament shall be valid notwithstanding that it is discovered

       subsequently that some person who was not entitled to do so sat or

       voted or otherwise took part in the proceedings.

    (4)Without prejudice to the generality of the foregoing provisions,

       the Chamber of Nationalities shall have power to act

       notwithstanding the failure of any unit to provide for its

       representation in the Chamber.

70. All official reports and publications of the Parliament or of either

    Chamber thereof shall be absolutely privileged.

71. The Parliament may make provision by law for the payment of salaries

    and allowances to the members of each Chamber in respect of their

    duties as public representatives and for the grant to them of such

    travelling and other facilities in connection with their duties as the

    Parliament may determine.

 

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72. Every member of either Chamber of Parliament shall before taking his

    seat make and subscribe before the President, or some person

    authorized by him, an oath or affirmation of allegiance in the form

    set forth in the First Schedule to this Constitution.

73.  (1)  No person may at the same time be a member of both Chamber of

          Parliament, and, if any person who is already a member of either

          Chamber becomes a member of the other Chamber, he shall

          forthwith be deemed to have vacant his first seat.

     (2)  If a member of either Chamber –

          (a) becomes subject to any of the disqualifications mentioned in

          sub-section (1) of the next succeeding section; or

          (b) by writing under his hand addressed to the President resigns

          his seat,

    his seat shall thereupon become vacant.

     (3)  If for a period of thirty days a member of either Chamber is

          without permission of the Chamber absent from all meetings

          thereof, the Chamber may declare his seat vacant:

          Provided that in computing the said period of thirty days no

          account shall be taken of any period during which the Chamber is

          prorogued, or is adjourned for more than four consecutive days.

74.  (1)  Any person who –

      (i) is under any acknowledgement of allegiance or adherence to a

          foreign Power, or is a subject or citizen or entitled to the

          rights and privileges of a subject or a citizen of a foreign

          Power; or

     (ii) is an undischarged bankrupt or insolvent; or

     (iii)is of unsound mind and stands so declared by a competent Court;

          or

 

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         (iv) hold any office of profit in the service of the Union or of

              any unit other than an office declared by an Act of the

              Parliament not to disqualify its holder; or

          (v) whether before or after the commencement of this

              Constitution, has been convicted or has, in proceedings for

              questioning the validity or regularity of an election, been

              found to have been guilty of an offence or corrupt or

              illegal practice relating to elections which has been

              declared by an Act of the Legislature of Burma or of the

              Parliament to be an offence or practice entailing

              disqualification for membership of the Legislature or of the

              Parliament, unless such period had elapsed as may be

              specified in that behalf in the provisions of that Act; or

         (vi) whether before or after the commencement of this

              Constitution, has been convicted, in any of the territories

              included within the Union, of any other offence, and has, in

              either case, been sentenced to transportation or to

              imprisonment for not less than two years, unless a period of

              five years or such less period as the President may, in his

              discretion, allow in any particular case, has elapsed since

              his release; or

         (vii)having been nominated as a candidate for the Parliament or

              having acted as an election agent of any person so

              nominated, has failed to lodge a return of the election

              expenses within the time and in the manner required by any

              Order made under this Constitution or by any Act of the

              Parliament, unless five years have elapse from the date by

              which the return ought to have been lodged, or the

              President, in his discretion, had removed the

              disqualification;

              Shall be disqualified for being as and for being a member of

              either Chamber:

 

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         Provided that a disqualification under paragraph (vii) of this

         sub-section shall not take effect until the expiration of one

         month from the date by which the return ought to have been

         lodged, or of such longer period as the President acting in his

         discretion may, in any particular case, allow.

    (2)  A person shall not be qualified for being chosen a member of

         either Chamber while he is serving a sentence of transportation

         or of imprisonment for a criminal offence:

         Provided that, where the sentence does not exceed two years, the

         President may in his discretion remove such disqualification.

    (3)  Where a person who, by virtue of a conviction or a conviction and

         a sentence, becomes disqualified by virtue of paragraph (v) or

         paragraph (vi) of sub-section (1) of this section is at the date

         of the disqualification a member of a Chamber, his seat shall,

         notwithstanding anything in this or the last preceding section,

         not become vacant by reason of the disqualification until three

         months have elapsed from the date thereof or, if within those

         three months an appeal or petition for revision is brought in

         respect of the conviction or the sentence, until that appeal or

         petition is disposed of, but, during any period wherein his

         membership is preserved by this sub-section, he shall not sit or

         vote.

75. If a person sits or votes as a member of either Chamber when he is not

    qualified or is disqualified for membership thereof, or when he is

    prohibited from so doing by the provisions of sub-section (3) of

    section 74 or before he has complied with the requirements of section

    72 he shall be liable in respect of each day on which he so sits or

    votes to a penalty of rupees one thousand to be recovered as a debt

    due to the Union Government.

76. (1) Every citizen, who has completed the age of twenty-one years and

    who is not placed under any disability or incapacity by this

    Constitution or by law, shall be eligible for membership of the

    Parliament.

 

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    (2)Every citizen, who has completed the age of eighteen years and who

       is not disqualified by law and complies with the provisions of the

       law regulating elections to the Parliament, shall have the right to

       vote at any election to the Parliament.

    (3)There shall be no property qualification for membership of the

       Parliament or for the right to vote at elections to the Parliament.

    (4)No law shall be enacted or continued placing any citizen under

       disability or incapacity for membership of the Parliament on the

       ground of sex, race or religion or disqualifying any citizen from

       voting at elections to the Parliament on any such ground:

       Provided that notwithstanding anything contained in section 21 (3),

       members of any religious order may by law be debarred from voting

       at any such elections or from being a member of either Chamber of

       Parliament.

    (5)Voting shall be by secret ballot.

77. Subject to the provisions of this Constitution, all matters relating

    to elections for either Chamber of Parliament including the

    delimitation of constituencies, the filling of casual vacancies, and

    the decision of doubts and disputes arising out of or in connection

    with such elections shall be regulated in accordance with law.

78. The Parliament may by law prescribe the conditions under and the

    manner in which a member of either Chamber of Parliament may be

    recalled.

79. Every member of the Union Government and the Attorney-General shall

    have the right to speak in, and otherwise take part in the proceedings

    of, either Chamber, any joint sitting of the Chambers and any

    Committee of the Parliament of which he may be named a member, but he

    shall not by virtue of this section be entitled to vote.

80. (1) Each Chamber of the Parliament may make rules for regulating,

    subject to the provisions of this Constitution, its procedure and the

    conduct of its business.

 

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    (2)The President, after consultation with the Speaker of the Chamber

       of Nationalities and the Speaker of the Chamber of Deputies, may

       make rules as to the procedure with respect to joint sittings of,

       and communications between, the two Chambers.

    (3)At a joint sitting of the two Chambers the Speaker of the Chamber

       of Nationalities, or in his absence the Speaker of the Chamber of

       Deputies or such person as may be determined by rules of procedure

       made under this section, shall preside.

81. No discussion shall take place in the Parliament with respect to the

    conduct of any judge of the Supreme Court or of the High Court in the

    discharge of his duties, except upon a resolution for the removal of

    the judge as provided in this Constitution.

82. (1)The validity of any proceedings in the Parliament shall not be

       called in question in any Court on the ground of any irregularity

       of procedure.

    (2)The Speaker of the Chamber of Deputies or the Speaker of the

       Chamber of Nationalities or any other member of either Chamber of

       Parliament in whom powers are vested by or under this Constitution

       for regulating procedure or the conduct of business or for

       maintaining order in the Chamber shall not be subject to the

       jurisdiction of any Court in respect of the exercise by him of

       those powers.

 

                       PART II. – CHAMBER OF DEPUTIES

 

83. (1)The Chamber of Deputies shall be composed of members who represent

       constituencies determined by law. Provision shall, however, be made

       to reserve such number of seats as may be proportionate to the

       population of Karens to be filled by their representatives.

    (2)The number of members of this Chamber shall be, as nearly as

       practicable, twice the number of member of the Chamber of

       Nationalities. The number of members shall from time to time be

       fixed by law but the total number of the members of the Chamber of

       Deputies shall not be fixed at less than one member for each

       100,000 of the population, or at more than one member for each

       30,000 of the population.

 

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    (3)The ratio between the number of members to be elected at any time

       for a constituency and the population of that constituency, as

       ascertained at the last preceding census, shall, so far as

       practicable, be the same for all constituencies throughout the

       Union, except in the case of the constituencies of the Special

       Division of the Chins (referred to in Part V of Chapter IX) and the

       Karenni State, in respect of which the ratio may be higher.

    (4)The Parliament shall revise the constituencies at least once in

       every ten years, with due regard to changes in the distribution of

       the population, but any alternation in the constituencies shall not

       take effect until the termination of the then existing Parliament.

84. (1)The general election for members of the Chamber of Deputies shall

       take place not later then sixty days after the dissolution of the

       Chamber.

 

       Polling at every general election shall, as far as practicable,

       take place on the same day throughout the Union.

    (2)The Chamber of Deputies shall meet within sixty days from the

       polling day.

85. Every Chamber of Deputies shall continue for four years from the first

    meeting of the Chamber:

    Provided that the Chambers of Parliament may by resolution passed by

    not less than two-thirds of the members present and voting at a joint

    sitting extend the said period from year to year in the event of a

    grave emergency declared by Proclamation under section 94:

    Provided further that the Chamber of Deputies may be dissolved by the

    President at any time as provided by section 57.

86. (1)As soon as possible after the presentation to the Chamber of

       Deputies under Chapter VII of the estimates of receipts and

       estimates of expenditure of the Union for any financial year, the

       Chamber shall consider the estimates.

    (2)Save in so far as may be provided by specific enactment in each

       case, the legislation required by specific enactment in each case,

       the legislation required to give effect to the financial

       resolutions of each year shall be enacted within that year.

    (3)The Chamber of Deputies shall not pass any vote or resolution, and

       no law shall be enacted, for the appropriation of revenue or other

       public moneys, unless the purpose of the appropriation shall have

       been recommended to the Chamber by the Union Government.

 

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                    PART III. CHAMBER OF NATIONALITIES.

 

87. There shall be one hundred and twenty-five seats in the Chamber of

    Nationalities as allocated in the Second Schedule to this

    Constitution.

88. (1)A dissolution of the Chamber of Deputies shall operate also as a

       dissolution of the Chamber of Nationalities.

    (2)The general election for the Chamber of Nationalities shall be

       completed not later than the fifteenth day from the first meeting

       of the Chamber of Deputies held after the dissolution.

89. The first meeting of the Chamber of Nationalities after the general

    election shall take place on a date to be fixed by the President on

    the advice of the Prime Minister.

 

                      PART IV. POWER OF THE PARLIAMENT

 

90. Subject to the provisions of this Constitution, the sole and exclusive

    power of making laws in the Union shall be vested in the Parliament:

 

    Provided that an Act of the Parliament may authorize any person or

    authority therein specified to make rules and regulations consonant

    with the Act and having the force of law, subject, however, to such

    rules and regulations being laid before each Chamber of Parliament at

    its next ensuing session and subject to annulment by a motion carried

    in both Chambers within a period of three months of their being so

    laid, without prejudice, however, to the validity of any action

    previously taken under the rules or regulations.

91. Provision may, however, be made by law on principles of regional

    autonomy for delegating to representative bodies of such regions as

    may be defined in the law, specified powers in administrative,

    cultural and economic matters. A law embodying such provisions shall

    determine the rights, powers and duties of such representative bodies

    and their relations to the Parliament and to the Union Government.

 

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92. (1)The Parliament shall have power to make laws of the whole or any

       part of the Union except in so far as such power is assigned by the

       next succeeding sub-section exclusively to the Shan Councils.

       For greater certainty, but not so as to restrict the generality of

       the foregoing terms of this section, it is hereby declared that,

       notwithstanding anything in the next succeeding sub-section, the

       exclusive legislative authority of the Parliament shall extend to

       all matters enumerated in List I of the Third Schedule to this

       Constitution (hereinafter called “the Union Legislative List”).

       Any matter coming within any of the classes of subjects enumerated

       in the said List, shall not be deemed to come within the class of

       matters of a local or private nature comprised in the list of

       subjects assigned by the next succeeding sub-section exclusively to

       the State Councils.

    (2)Each State Council shall have power exclusively to make laws for

       the State or any part thereof with respect to any of the matters

       enumerated in List II of the said Schedule (hereinafter called “the

       State Legislative List”).

    (3)Any State Council may by resolution surrender any of its

       territories or any of its powers and rights to the Union.

93. The powers exercisable by the Union by reason of the entry in the

    Union Legislative List relating to the regulation of forces, mines and

    oil-fields and mineral development, shall be subject to the condition

    that before the issue of any certificate, licence, or other form of

    authorization, for the exploitation, development or utilization of any

    forest, mine or oil-field, the issuing authority shall consult the

    Union Minister for the State concerned.

 

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94. (1)Notwithstanding anything in section 92, the Parliament shall, if

       the President has declared by Proclamation (in this Constitution

       referred to as a “Proclamation of Emergency”), that a grave

       emergency exists whereby the security of the Union is threatened,

       whether by war or internal disturbance, or that a grave economic

       emergency affecting the Union has arisen in any part of the Union,

       have power to make laws for a State or any part thereof with

       respect to any of the matters enumerated in the State Legislative

       List.

    (2)Nothing in this section shall restrict the power of a State Council

       to make any law which, under this Constitution it has power to

       make, but if any provision of a State law is repugnant to any

       provision of a Union law which the Parliament has under this

       section power to make, the Union law, whether passed before or

       after the State law, shall prevail, and the State law shall, to the

       extent of the repugnancy, but so long as the Union law continues to

       have effect, be inoperative.

    (3)A Proclamation of Emergency –

       (a) may be revoked by a subsequent Proclamation, and

       (b) shall cease to operate at the expiration of six months, unless

           before the expiration of that period it has been approved by

           resolutions of both Chambers of Parliament:

           Provided that, if and so often as a resolution approving the

           continuance in force of such a Proclamation is passed by both

           Chambers of Parliament, the Proclamation shall, unless revoked,

           continue in force for a further period of twelve months from

           the date on which under this sub-section it would otherwise

           have ceased to operate.

    (4)A law made by the Parliament which it would not but for the issue

       of a Proclamation of Emergency have been competent to make shall

       cease to have effect on the expiration of a period of six months

       after the Proclamation has ceased to operate, except as respects

       things done or omitted to be done before expiration of the said

       period.

 

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95. If it appears to the State Councils of two or more States to be

    desirable that any of the matters enumerated in the State Legislative

    List should be regulated in these States by an Act of the Parliament,

    and if resolutions to that effect are passed by those State Councils,

    it shall be lawful for the Parliament to pass an Act for regulating

    that matter accordingly; but any Act so passed may, as respects any

    State to which it applies, be amended or repealed by an Act of the

    State Council.

96. (1)All revenue from the sources enumerated in the Fourth Schedule to

       this Constitution shall form part of the revenues of the State in

       or by which they are raised or received.

    (2)All revenues other than such as are assigned to the States by the

       last preceding sub-section shall form part of the revenues of the

       Union:

       Provided that the Union may make such grants or contributions out

       of its revenue in aid of the revenues of the units as it may

       determine to be necessary upon the recommendations of any Board or

       other authority appointed for the purpose.

97. (1)The right to raise and maintain military, naval and air forces is

       vested exclusively in the Parliament.

    (2)No military, naval or air forces, or any military or semi-military

       organization of any kind (not being a police force maintained under

       the authority of any unit solely for duties connected with the

       maintenance of public order) other than the forces raised and

       maintained by the Union with the consent of the Parliament shall be

       raised or maintained for any purpose whatsoever.

 

                            PART V. LEGISLATION

 

98. Every Bill initiated in and passed by the Chamber of Deputies shall be

    sent to the Chamber of Nationalities and may, unless it be a Money

    Bill, be amended in the Chamber of Nationalities and sent back to the

    Chamber of Deputies for its consideration.

 

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 99. Every Bill other then a Money Bill, may be initiated in the Chamber

     of Nationalities and if passed by the Chamber, shall be sent to the

     Chamber of Deputies which may amend the Bill and sent it back to the

     Chamber of Nationalities for its consideration.

100. A Bill passed by one Chamber and accepted by the other Chamber shall

     be deemed to have been passed by both Chambers of Parliament.

101. A Bill which appropriates revenue or money for the ordinary annual

     services of the Government shall deal only with such appropriations.

102. Bills imposing taxation shall deal only with imposition of taxation

     and any provision therein dealing with any other matter shall be of

     no effect.

 

                                Money Bills

 

103. Money Bills shall be initiated in the Chamber of Deputies only.

104. Every Money bill passed by the Chamber of Deputies shall be sent to

     the Chamber of Nationalities for its recommendations.

105. (1)Every Money Bill sent to the Chamber of Nationalities for its

        recommendations shall, within twenty one days after it shall have

        been sent to the Chamber of Nationalities, be returned to the

        Chamber of Deputies which may accept or reject all or any of the

        recommendations of the Chamber of Nationalities.

     (2)If such Money Bills is not returned by the Chamber of

        Nationalities to the Chamber of Deputies within twenty-one days or

        is returned within twenty-one days with recommendations which the

        Chamber of Deputies does not accept, it shall be deemed to have

        been passed by both Chambers at the expiration of twenty-one days.

 

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106. (1)A Money Bill means a Bill which contains only provisions dealing

        with all or any of the following matters, namely, the imposition,

        repeal, remission, alternation or regulation of taxation; the

        imposition, for the payment of debt or other financial purposes,

        of charges on the revenues of the Union or the variation or repeal

        of any such charges; supply; the appropriation, receipt, custody,

        issue or audit of accounts of public money, the raising or

        guaranteeing of any loan or the repayment thereof; matters

        subordinate and incidental to these matters or any of them.

     (2)In this definition the expressions “taxation”, “revenues of the

        Union” and “loan”, respectively, do not include any taxation,

        money or loan raised by local authorities or bodies for local

        purposes.

107. (1)The Speaker of the Chamber of Deputies shall certify any Bill

        which in his opinion is a Money Bill to be “a Money Bill” and his

        certificate shall, subject to the subsequent provisions of this

        section, be final and conclusive.

     (2)The Chamber of Nationalities may, by a resolution passed at a

        sitting at which not less than two-thirds of the total members are

        present, request the President to refer the question whether the

        Bill is or is not “a Money Bill” to a Committee of Privileges.

     (3)If the President in his discretion decides to accede to the

        request, he shall appoint a Committee of Privileges consisting of

        an equal number of members of the Chamber of Deputies and of the

        Chamber of Nationalities and a Chairman who shall be a judge of

        the Supreme Court.

     (4)The President shall refer the question to the Committee of

        Privileges so appoint and the Committee shall report its finding

        thereon to the President within twenty-one days after the day on

        which the Bill was sent to the Chamber of Nationalities.

     (5)The decision of the President, in his discretion, on such report

        shall be final.

 

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108. If the President, in his discretion, decides not to accede to the

     request of the Chamber of Nationalities or if the Committee of

     Privileges fails to report within the time hereinbefore specified,

     the certificate of the Speaker of the Chamber of Deputies shall stand

     confirmed.

109. If one Chamber passes any other Bill, and the other Chamber rejects

     or fails to pass it, or passes it with amendments to which the

     Chamber where the Bill originated will not agree, the President shall

     convene a joint sitting of the two Chambers.

     The members present at the joint sitting may deliberate and shall

     vote together upon the Bill as last passed by the Chamber where the

     Bill originated and upon amendments, if any; which have been made

     therein by the other Chamber and if the Bill with the amendments, if

     any, is passed by a majority of the total number of members of both

     Chambers present and voting, it shall be deemed to have been passed

     by both Chambers:

     Provided that at a joint sitting –

     (a)if the Bill, having been passed by one Chamber is rejected by the

        other Chamber and returned to the Chamber in which it originated,

        no amendment shall be proposed to the Bill other than such

        amendments, if any, as are made necessary by the delay in the

        passage of the Bill;

     (b)if the Bill is, however, passed by the other Chamber with

        amendments and returned to the Chamber which it originated, only

        such amendments as aforesaid and such other amendments as are

        relevant to the matters with respect to which the Chambers have

        not agreed, shall be proposed to the Bill;

     and the decision of the person presiding as to the amendments which

     are admissible under this section shall be final.

110. (1)If at any time when both Chambers of Parliament are not in

        session, the President is satisfied that circumstances exist which

        render it necessary for him to take immediate action, he may

        promulgate such ordinances as the circumstances appear to him to

        require. An Ordinance promulgated under this section shall have

        the same force and effect as an Act of the Parliament assented to

        by the President.

 

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              (2)Every such Ordinances shall be laid before both Chambers

                 of Parliament within forty-five days from the date of

                 promulgation thereof, unless it shall have been withdrawn

                 earlier by the President, and shall cease to operate at

                 the expiration of fifteen days from the re-assembly of

                 the Chamber of Deputies or the Chamber of Nationalities,

                 whichever is later.

                 Provided that the President may, with the consent of both

                 Chambers of Parliament, extend the Ordinance for such

                 further period as may be deemed necessary.

              (3)If the Ordinance shall have been withdrawn within

                 forty-five days from the date of its promulgation, it

                 shall be laid before the Parliament in its next ensuing

                 session.

              (4)If and in so far as an Ordinance under this section makes

                 any provision which the Parliament would not under this

                 Constitution be competent to enact, it shall be void.

 

                          Signing and Promulgation

 

111. (1)As soon as any Bill shall have been passed by both Chambers of

        Parliament, it shall be presented to the President for his

        signature and promulgation as an Act in accordance with the

        provisions of this section.

     (2)Save as otherwise provided by this Constitution, every Bill so

        presented to the President shall be signed by him not later than

        seven days after the date of presentation.

     (3)If any Bill is not signed by the President within seven days after

        the date of presentation, the same shall become an Act in the like

        manner as if he had signed it on the last of the said seven days.

112. (1)Every Bill signed or deemed to have been signed by the President

        under this Constitution shall become an Act on and from the date

        on which the Bill shall have been signed or be deemed to have been

        signed.

     (2)Every such Act shall be promulgated by the President by

        publication under his direction in the official gazette. Every Act

        shall come into force on the date of such promulgation unless the

        contrary intention is expressed.

 

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113. The signed texts of Acts and Ordinances shall be enrolled for record

     in the office of the Registrar of the Supreme Court and such signed

     texts shall be conclusive evidence of the provisions of such Acts and

     Ordinances.

 

                               CHAPTER VII.

 

                            THE UNION GOVERNMENT

 

114. The Union Government shall consist of the Prime Minister and other

     members appointed under section 56.

115. The Government shall be collectively responsible to the Chamber of

     Deputies.

116. A member of the Government who for any period of six consecutive

     months is not a member of the Parliament shall at the expiration of

     the period case to be a member of the Government.

117. (1)The Prime Minister may resign from office at any time by placing

        his resignation in the hands of the President.

     (2)Any other member of the Government may resign from office by

        placing his resignation in the hands of the Prime Minister for

        submission to the President and the resignation shall take effect

        upon its being accepted by the President under the next succeeding

        sub-section.

     (3)The President shall accept the resignation of a member of the

        Government, other than the Prime Minister, if so advised by the

        Prime Minister.

118. The Prime Minister may, at any time, for reasons which to him seem

     sufficient request a member of the Government to resign; should the

     member concerned fail to comply with the request, his appointment

     shall be terminated by the President if the Prime Minister so

     advises.

119. The Prime Minister shall resign from office upon his ceasing to

     retain the support of a majority in the Chamber of Deputies unless on

     his advice the President dissolves the Parliament under section 57

     and on the re-assembly of the Parliament after the dissolution the

     Prime Minister secures the support of a majority in the Chamber of

     Deputies.

 

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120. (1)If the Prime Minister at any time resigns from office, the other

        members of the Government shall be deemed also to have resigned

        from office, but the Prime Minister and the other members of the

        Government shall continue to carry on their duties until their

        successors shall have been appointed.

     (2)The members of the Government in office at the date of dissolution

        of the Parliament shall continue to hold office until their

        successors shall have been appointed.

121. (1)All executive action of the Union Government shall be expressed to

        be taken in the name of the President.

     (2)Orders and other instruments made and executed in the name of the

        President shall be authenticated in such manner as may be

        specified in rules to be made by the President and the validity of

        an order or instrument which is so authenticated shall not be

        called in question on the ground that it is not an order or

        instrument made or executed by the President.

     (3)The President shall make rules for the transaction of the business

        of the Union Government, and for the allocation among Ministers of

        the said business in so far as it is not business with respect to

        which the President is by or under this Constitution required to

        act in his discretion.

        Without prejudice to the generality of the foregoing provisions

        the allocation of business may be regionwise as well as

        subjectwise.

122. Subject to the provisions of this Constitution, the executive

     authority of the Union extends

     (a)to the matters with respect to which the Parliament has power to

        make laws; and

     (b)to the government, in accordance with the provisions of any treaty

        or agreement in this behalf, of any Armed Forces not raised in the

        Union that may, with the consent of the Government of the Union,

        be stationed in the Union or placed at the disposal of the Union.

123. (1)War shall not be declared and the Union shall not participate in

        any war save and except with the assent of the Parliament.

 

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     (2)In case of actual or imminent invasion, however, the Government

        may take whatever steps they may consider necessary for the

        protection of the Union, and the Parliament if not sitting shall

        be summoned to meet at the earliest possible date.

124. The Prime Minister shall keep the President generally informed on all

     matter of domestic and international policy.

125. (1)The Government shall prepare estimates of receipts and estimates

        of expenditure of the Union for each financial year, and shall

        present them to the Chamber of Deputies for consideration.

     (2)The procedure to be adopted in the Chambers of Parliament with

        respect to the submission of estimates of expenditure, the

        appropriation of the revenue of the Union and all matters

        connected therewith shall, in so far as provision is not made in

        that behalf by this Constitution, be regulated in accordance with

        law.

 

                             ATTORNEY – GENERAL

 

126. (1)The President shall appoint a person, being an advocate of the

        High Court, to be Attorney - General on the nomination of the

        Prime Minister.

     (2)It shall be the duty of the Attorney – General to give advice to

        the Government upon legal matters and to perform such other duties

        of a legal character, as may, from time to time, be assigned to

        him by the President.

127. (1)The Attorney – General may, at any time, resign from office by

        placing his resignation in the hands of the Prime Minister for

        submission to the President.

     (2)The Prime minister may, for reasons which to him seem sufficient,

        request the resignation of the Attorney – General.

     (3)In the event of failure to comply with the request, the

        appointment of the Attorney – General shall be terminated by the

        President if the Prime Minister so advises.

     (4)The Attorney – General shall resign from office upon the

        resignation of the Prime Minister, but may continue to carry on

        his duties until the successor to the Prime Minister shall have

        been appointed.

 

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           (5)Subject to the foregoing provisions of this Constitution,

              the office of the Attorney – General, including the

              remuneration to be paid to the holder of the office, shall

              be regulated by law.

 

                             AUDITOR – GENERAL

 

128. There shall be an Auditor – General to control on behalf of the Union

     all disbursements and to audit all accounts of moneys administered by

     and under the authority of the Parliament and the State Councils.

129. The Auditor – General shall be appointed by the President with the

     approval of both Chambers of Parliament and shall only be removed

     from office in the like manner and on the like grounds as a judge of

     the High Court. The Auditor – General shall not be a member of either

     Chamber of Parliament nor shall he hold any other office or position

     of emolument. He shall not be eligible for further office in the

     service of the Union or the States after he has ceased to hold

     office.

130. Neither the salary of the Auditor – General nor his rights in respect

     of leave of absence or pension shall be varied to his disadvantage

     after his appointment, unless he voluntarily agrees to any reduction

     in his salary in the event of general economy and retrenchment in

     relation to all the services of the Union.

131. The Auditor – General shall submit to the Chamber of Deputies, at

     such periods as may be determined by law, reports relating to the

     accounts of the Union and the States.

132. Subject to the foregoing provisions, the terms and conditions of the

     office of the Auditor – General shall be determined by law.

 

                               CHAPTER VIII

 

                              UNION JUDICIARY

 

133. Justice throughout the Union shall be administered in Courts

     established by this Constitution or by law and by judges appointed in

     accordance therewith.

 

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134. The Courts shall comprise Courts of first instance and Courts of

     appeal: -

     (a)The Courts of first instance shall include a High Court which

        shall, subject to law, have original and appellate jurisdiction

        and power to determine all matters and questions whether of law or

        of fact.

     (b)The head of the High Court shall be called “the Chief Justice of

        the High Court”.

135. (1)The High Court shall have exclusive original jurisdiction –

        (a) in all matters arising under any treaty made by the Union;

        (b) in all disputes between the Union and a unit or between one

        unit and another;

        (c) in such other matters, if any, as may be defined by law.

     (2)If the High Court is satisfied that a case pending in any inferior

        Court involves or is likely to involve substantially a question of

        the validity of any law having regard to the provisions of this

        Constitution, the High Court shall transfer the case to itself for

        trial.

136. (1)The Court of final appeal shall be called “the Supreme Court”.

     (2)The head of the Supreme Court shall be called “the Chief Justice

        of the Union”.

     (3)Without prejudice to the powers conferred upon the Supreme Court

        by any other provisions of this Constitution, the Court shall,

        with such exceptions and subject to such regulations as may be

        prescribed by law, have appellate jurisdiction form all decisions

        of the High Court, and shall also have appellate jurisdiction from

        such decisions of other Courts as may be prescribed by law.

 

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137. No law shall be enacted excepting from the appellate jurisdiction of

     the Supreme Court cases which involve questions as to the validity of

     any law having regard to the provisions of this Constitution.

138. The decisions of the Supreme Court shall in all cases be final.

139. (1) Every person appointed a judge of the Supreme Court and of the

         High Court under this Constitution shall make and subscribe the

         following declaration: -

         “I … do solemnly and sincerely promise and declare that I will

         duly and faithfully to the best of my knowledge and ability

         execute the office of the Chief Justice (or judge as the case may

         be) without fear or favour, affection or ill-will towards any

         man, and that I will uphold the Constitution and the laws.”

     (2) This declaration shall be made and subscribed by the Chief

         Justice of the Union in the presence of the President, and by

         each of the other judges of the Supreme Court and of the judges

         of the High Court in the presence of the Chief Justice of the

         Union or the senior available judge of the Supreme Court.

     (3) The declaration shall be made and subscribed by every judge

         before entering upon his duties as such judge, and in any case

         not later than ten days after the date of his appointment or such

         later date as may be determined by the President.

     (4) Any judge who declines or neglects to make such declaration as

         aforesaid shall be deemed to have declined to accept the

         appointment.

140. (1) The Chief Justice of the Union shall be appointed by the

         President by an order under his hand and seal, with the approval

         of both Chambers of the Parliament in joint sitting.

     (2) All the other judges of the Supreme Court and all the judges of

         the High Court shall be appointed by the President by an order

         under his hand and seal, with the approval of both Chambers of

         the Parliament in joint sitting.

 

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141. All judges shall be independent in the exercise of their judicial

     functions and subject only to this Constitution and the laws.

142. (1)A person shall not be qualified for appointment as a judge of the

        Supreme Court unless he is a citizen of the Union who was or whose

        parents were born in any of the territories included within the

        Union, or unless he has been for at least five years a citizen of

        the Union; and

         (a) has been for at least five years a judge of the High Court of

             Judicature at Rangoon of the High Court established under

             this Constitution; or

         (b) is an advocate of the High Court of at least fifteen years’

             standing:

        Provided that a person shall not be qualified for appointment as

        Chief Justice of the Union unless he –

         (i) is, or when first appointed to judicial office was, an

             advocate, and

        (ii) is an advocate of at least fifteen years’ standing.

     (2)A person shall not be qualified for appointment as a judge of the

        High Court unless he is a citizen of the Union; and

         (a) is an advocate of at least ten years’ standing; or

         (b) has for at least five years held judicial office in Burma or

             in the Union not inferior to that of a district and secession

             judge or Chief Judge of the Rangoon City Civil Court:

 

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        Provided that a person all not be qualified for appointment as the

        Chief Justice of the High Court unless he –

         (i) is, or when first appointed to judicial office was, an

             advocate, and

        (ii) an advocate of at least fifteen years’ standing.

     (3)In computing for the purpose of this section the standing of an

        advocate, any period during which he has held judicial office

        after he became an advocate shall be included.

143. (1)A judge of the Supreme Court or the High Court may by resignation

        under his hand addressed to the President resign his office.

     (2)A judge of the Supreme Court or of the High Court shall not be

        removed from office except for proved misbehaviour or incapacity.

     (3)The charge shall be preferred by either Chamber of Parliament

        subject to and in accordance with the provisions of this section.

     (3)A personal to either Chamber of Parliament to prefer a charge

        under this section shall not be entertained except upon a notice

        of resolution signed by not less than one-fourth of the total

        membership of that Chamber.

     (4)A personal to either Chamber of Parliament to prefer a charge

        under this section shall not be entertained except upon a notice

        of resolution signed by not less than one-fourth of the total

        membership of that Chamber.

     (5)No such proposal shall be adopted by either Chamber of Parliament

        save upon a resolution of that Chamber, supported by a majority of

        the members present.

     (6)Where the charge relates to a judge of the Supreme Court it shall

        be investigated by a Special Tribunal consisting of the President

        or a person appointed by him in his discretion, the Speaker of the

        Chamber of Nationalities and the Speaker of the Chamber of

        Deputies.

     Where the charge relates to a judge of the High Court it shall be

     investigated by a Special Tribunal consisting of the Chief Justice of

     the Union, the Speaker of the Chamber of Nationalities and the

     Speaker of the Chamber of Deputies.

 

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     (7)The judge against whom the charge is preferred shall have the

        right to appear and to be represented at the investigation of the

        charge.

     (8)The Special Tribunal shall, after investigation, submit its report

        to the Chamber by which the charge was preferred. The finding of

        the Special Tribunal declaring that the charge has not been

        proved, if unanimous, shall be final. But in all other cases, the

        report of the Special Tribunal shall be considered by both

        Chambers of Parliament in joint sitting.

        If, after consideration, a resolution be passed supported by a

        majority of the members present and voting at the joint sitting

        declaring that the charge preferred against the judge has been

        proved and that the misbehaviour was, or incapacity is, such as to

        render him unfit to continue in office, the President shall

        forthwith by an order under his hand and seal remove from office

        the judge to whom it relates.

144. Neither the salary of a judge of the Supreme Court or of the High

     Court nor his rights in respect of leave of absence or pension shall

     be varied to his disadvantage after his appointment, unless he

     voluntarily agrees to any reduction in his salary in the event of

     general economy and retrenchment in relation to all the services of

     the Union.

145. If the office the Chief Justice of the Union or of the Chief Justice

     of the High Court becomes vacant, or if either of them is, by reason

     of absence or for any other reason, unable to perform the duties of

     his office, those duties shall, until some person appointed to the

     vacant office has entered on the duties thereof, or until the Chief

     Justice of the Union or of the High Court, as the case may be, has

     resumed his duties, be performed by such other judge of the Supreme

     Court or of the High Court as the President may appoint for the

     purpose.

 

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146. (1)If at any time there should not be a quorum of the judges of the

        Supreme Court available to hold or continue any session of the

        Court, owing to a vacancy or vacancies, or to the absence through

        illness or on leave or in the discharge of other duties assigned

        by statute or otherwise, or to the disqualification of a judge or

        judges, the Chief Justice or any acting Chief Justice of the

        Union, or in their absence, the senior puisne judge, may in

        writing request the attendance at the sitting of the Court, for

        such period as may be necessary, of a judge of the High Court, to

        be designated in writing by the Chief Justice or any acting Chief

        Justice or in their absence the senior puisne judge of the Supreme

        Court.

     (2)It shall be the duty of the judge, whose attendance has been so

        requested or who has been so designated, in priority to the other

        duties of his office, to attend the sittings of the Supreme Court

        at the time and for the period for which his attendance shall be

        required, and while so attending he shall possess the powers and

        privileges and shall discharge the duties of a puisne judge of the

        Supreme Court.

147. If the office of any puisne judge of the High Court becomes vacant,

     or if any such judge is by reason of absence, or for any other

     reason, unable to perform the duties of his office, the President may

     in his discretion appoint a person duly qualified for appointment as

     a judge to act as a judge of the Court, and the person so appointed

     shall, unless the President in his discretion thinks fit to revoke

     his appointment, be deemed to be a judge of the Court, until some

     person appointed under sub-section (2) of section 140 of this

     Constitution to the vacant office has entered on the duties thereof,

     or until the permanent judge has resumed his duties.

148. The Supreme Court and the High Court shall be courts of record and

     shall sit in the capital city of the Union and at such other place or

     places as the President may, after consultation with the Chief

     Justice of the Union from time to time, appoint:

 

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     Provided that one or more judges of the High Court shall sit at such

     place in the Shan State as the President may, after consultation with

     the Chief Justice of the Union from time to time, appoint.

149. Subject to the foregoing provisions of this Constitution relating to

     the Courts, the following matters shall be regulated in accordance

     with law: -

     (i) The number of judges of the Supreme Court and of the High Court,

         the remuneration, age of retirement and pension of such judges;

         and

     (ii)The constitution and organization of such Courts, the

         distribution of business among the Courts and judges, their

         jurisdiction and all matters of procedure.

150. Nothing in this Constitution shall operate to invalidate the exercise

     of limited functions and powers of a judicial nature by any person or

     body of persons duly authorized by law to exercise such functions or

     powers notwithstanding that such person or such body or persons is

     not a judge or a Court appointed or established as such under this

     Constitution.

151. (1) If at any time it appears to the President that a question of law

         has arisen, or is likely to raise, which is of such a nature and

         of such public importance that it is expedient to obtain the

         opinion of the Supreme Court upon it, he may refer the question

         to that Court for consideration, and the Court may, after such

         hearing as it thinks fit, report to the President thereon.

     (2) No report shall be made under this section save in accordance

         with an opinion delivered in open Court with the concurrence of a

         majority of the judges present at the hearing of the case, but

         nothing in this sub-section shall be deemed to prevent a judge

         who does not concur from delivering a dissenting opinion.

152. The law declared by the Supreme Court shall, so far as applicable, be

     recognized as binding on, and shall be followed by, all Courts within

     the territories subject to the jurisdiction of the Union.

 

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153. The Parliament may make provision by an Act for conferring upon the

     Supreme Court such supplemental powers not inconsistent with any of

     the provisions of this Constitution as may appear to be necessary or

     desirable for the purpose of enabling the Court more effectively to

     exercise the jurisdiction conferred upon it by under this

     Constitution.

 

                                 CHAPTER IX

 

                                  PART I

 

                              THE SHAN STATE

 

                          The Shan State Council

 

154. (1)All the members of the Parliament representing the Shan State

        shall constitute the Shan State Council.

     (2)All the representative from the Shan State in the Chamber of

        Nationalities shall be elected by the Saohpas of the Shan State

        from among themselves. The Saohpas shall not be eligible for

        membership of the Chamber of Deputies.

     (3)Any member of the State Council who shall have ceased to be a

        member of the Parliament shall be deemed to have vacant his seat

        in the Council, but may continue to carry on his duties until his

        successor shall have been elected.

155. The State Council may recommend to the Parliament the passing of any

     law relating to any matter in respect of which the Council is not

     competent to legislate.

156. When a Bill has been passed by the State Council it shall be

     presented to the President for his signature and promulgation. The

     President shall sign the Bill within one month from the presentation

     of the Bill, unless he refers the Bill to the Supreme Court for its

     decision under the next succeeding section.

157. (1)The President may, in his discretion, refer any Bill presented to

        him under the last preceding section to the Supreme Court for

        decision on the question whether such Bill or any specified

        provision thereof is repugnant to this Constitution.

 

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     (2)The Supreme Court, consisting of not less than three judges, shall

        consider the question referred to it and, after such hearing as it

        thinks fit, shall pronounce its decision on such question in open

        Court as soon as may be, and in any case not later than thirty

        days after the date of such reference. The decision of the

        majority of the judges shall, for the purposes of this section, be

        the decision of the Court.

     (3)In every case in which the Supreme Court decides that any

        provision of the Bill, the subject of a reference to the Supreme

        Court under this section, is repugnant to this Constitution, the

        President shall return the Bill to the State Council for

        reconsideration and shall decline to sign it unless the necessary

        amendments shall have been made thereto.

     (4)In every other case, the President shall sign the Bill and

        promulgate the Act as soon as may be after the decision of the

        Supreme Court shall have been pronounced.

     (5)When the President has signed a Bill presented to him under the

        last preceding section whether without or after a reference to the

        Supreme Court, the validity of any provision of the Bill shall not

        be called in question on the ground that it was beyond the

        competence of the State Council.

158. The signed text of every Act shall be enrolled for record in the

     office of the Registrar of the Supreme Court and a copy of the same

     shall be enrolled for record in the office of the Minister for the

     Shan State.

159. The Head of the Shan State many from time to time summon and prorogue

     the State Council:

     Provided that there shall be a session of the State Council once at

     least in every year so that a period of twelve months shall not

     intervene between the last sitting of the Council in one session and

     its first sitting in the next session.

 

                       GOVERNMENT OF THE SHAN STATE

 

160. A member of the Union Government to be known as the Minister for the

     Shan State shall be appointed by the President on the nomination of

     the Prime Minister acting in consultation with the Shan State Council

     from among the members of the Parliament representing the Shan State.

     The Minister so appointed shall also be the Head of the Shan State

     for the purposes of this Constitution.

 

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161. (1)The Head of the State shall be in charge of the administration of

        the State that is to say, the executive authority of the State

        shall be exercised by the Head of the State either directly or

        through officers subordinate to him.

     (2)Without prejudice to the generality of the provisions of the next

        succeeding section, the said executive authority shall extend to

        all matters relating to recruitment to the State civil services to

        postings and transfers, and to disciplinary matters relating to

        these services.

162. (1)Subject to the provisions of this Constitution, the executive

        authority of the State extends to the matters with respect to

        which the State Council has power to make laws, and in all such

        matters the decision of the Council shall be binding on the Head

        of the State.

     (2)The Head of the State shall consult the State Council in all other

        matters relating to the State.

     (3)In order to facilitate the communication of the decisions and the

        views of the State Council to the Head of the State, the Council

        shall at its first meeting after a general election elect from

        among its members or otherwise a Cabinet of State Ministers to aid

        and advise the Head of the State in the exercise of his functions.

163. The Head of the State shall give or cause to be given an account of

     his work to the State Council in each ordinary session, present or

     cause to be presented to the Council a report upon all matters

     relating to the State, and recommend for the consideration of the

     Council such measures as he thinks fit for promoting the general

     welfare.

164. (1)The Head of the State shall prepare or cause to be prepared the

        estimates of the receipts and of the expenditure of the State for

        each financial year and shall present them or cause them to be

        presented to the State Council for consideration.

     (2)Subject to any conditions that may be imposed by the Union in

        respect of any contributions from the Union, the State Council

        shall have power to approve the budget of the State Council shall

        have power to approve the budget of the State; and in order to

        enable the President to satisfy himself that the conditions have

        been duly observed, such budget shall be incorporated in the Union

        budget.

 

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165. Subject to the provisions of this Constitution, all matters relating

     to the Constitution of the State including those relating to the

     powers and duties of the Head of the State, of the State Council and

     of the Cabinet of State ministers, and their relations to each other

     and to the Union Government shall be determined by law.

 

                                  PART II

 

                             THE KACHIN STATE

 

                         The Kachin State Council

 

166. (1)All the members of the Parliament representing the Kachin State

        shall constitute the Kachin State Council.

     (2)Of the twelve seats in the Chamber of Nationalities six shall be

        filled by representatives of the Kachins and the other six by

        those of the non-Kachins of the Kachin State.

     (3)Any member of the State Council who shall have ceased to be a

        member of the Parliament shall be deemed to have vacated his seat

        in the Council, but may continue to carry on his duties until his

        successor shall have been elected.

167. (1)A Bill prejudicially affecting any right or privilege which the

        Kachins or the non-Kachins, as a class or community, enjoyed

        immediately before the commencement of this Constitution, shall

        not be deemed to have been passed by the Council unless the

        majority of the members representing the Kachins or the

        non-Kachins, as the case may be, present and voting, have voted in

        its favour.

     (2)If any question arises in the State Council whether a Bill is of

        the character described in the last preceding sub-section, the

        presiding officer shall take the vote of the members representing

        the Kachins and those representing the non-Kachins in the Council

        separately on such question and if a majority of either class of

        members vote in the affirmative, the Bill shall be deemed to be of

        the character mentioned.

 

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168. The State Council may recommend to the Parliament the passing of any

     law relating to any matter in respect of which the Council is not

     competent to legislate.

169. When a Bill has passed by the State Council it shall be presented to

     the President for his signature and promulgation. The President shall

     sign the Bill within one month from the presentation of the Bill,

     unless he refers the Bill to the Supreme Court for its decision under

     the next succeeding section.

170. (1)The President may, in his discretion, refer any Bill presented to

        him under the last preceding section to the Supreme Court for

        decision on the question whether such Bill or any specified

        provision thereof is repugnant to this Constitution.

     (2)The Supreme Court, consisting of not less than three judges, shall

        consider the question referred to it and, after such hearing as it

        thinks fit, shall pronounce its decision on such question in open

        Court as soon as may be, and in any case not later than thirty

        days after the date of such reference. The decision of the

        majority of the judges shall, for the purpose of this section, be

        the decision of the Court.

     (3)In every case in which the Supreme Court decides that any

        provision of the Bill, the subject of a reference to the Supreme

        Court under this section, is repugnant to this Constitution, the

        President shall return the Bill to the State Council for

        reconsideration and shall decline to sign it unless the necessary

        amendments shall have been made thereto.

     (4)In every other case, the President shall sign the Bill and

        promulgate the Act as soon as may be after the decision of the

        Supreme Court shall have been pronounced.

     (5)When the President has signed a Bill presented to him under the

        last preceding section whether without or after a reference to the

        Supreme Court, the validity of any provision of the Bill shall not

        be called in question on the ground that it was beyond the

        competence of the State Council.

 

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171. The signed text of every Act shall be enrolled for record in the

     office of the Registrar of the Supreme Court and a copy of the same

     shall be enrolled for record in the office of the Minister for the

     Kachin State.

172. The Head of the Kachin State may from time to time summon and

     prorogue the State Council:

     Provided that there shall be a session of the State Council once at

     least in every year so that a period of twelve months shall not

     intervene between that last sitting of the Council in one session and

     its first sitting in the next session.

 

                      GOVERNMENT OF THE KACHIN STATE

 

173. A member of the Union Government to be known as the Minister for the

     Kachin State shall be appointed by the President on the nomination of

     the Prime Minister acting in consultation with the Kachin State

     Council from among the Kachin members of the Parliament representing

     the Kachin State. The Minister so appointed shall also be the Head of

     the Kachin State for the purpose of this Constitution.

174. (1)The Head of the State shall be in charge of the administration of

        the State; that is to say, the executive authority of the State

        shall be exercised by the Head of the State either directly or

        through officers subordinate to him.

     (2)Without prejudice to the generality of the provisions of the next

        succeeding section, the said executive authority shall extend to

        all matters relating to recruitment to the State civil services,

        to postings and transfers, and to disciplinary matters relating to

        these services:

        Provided that in respect of areas where the non-Kachins form the

        majority of the population, the Head of the State shall act only

        in consultation with the members representing the non-Kachins in

        the Cabinet in all such matters.

175. (1)Subject to the provisions of this Constitution, the executive

        authority of the State extends to the matters with respect to

        which the State Council has power to make laws, and in all such

        matters the decision of the Council shall be binding on the Head

        of the State.

 

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     (2)The Head of the States shall consult the State Council in all

        other matters relating to the State.

     (3)In order to facilitate the communication of the decision and the

        views of the State Council to the Head of the State, the Council

        shall at its first meeting after a general election elect from

        among its members or otherwise a Cabinet of State Ministers to aid

        and advise the Head of the State in the exercises of his

        functions:

        Provided that not less than one-half of the members of the Cabinet

        shall be non-Kachins.

176. The Head of the State shall give or cause to be given an account of

     his work to the State Council in each ordinary session, present or

     cause to be presented to the Council, a report upon all matter

     relating to the State, and recommend for the consideration of the

     Council such measures as he thinks fit for promoting the general

     welfare.

177. (1)The Head of the State shall prepare or cause to be prepared the

        estimates of the receipts and of the expenditure of the State for

        each financial year and shall present them or cause them to be

        presented to the State Council for consideration.

     (2)Subject to any conditions that may be imposed by the Union in

        respect of any contributions from the Union, the State Council

        shall have power to approve the budget of the State; and in order

        to enable the President to satisfy himself that the conditions

        have been duly observed, such budget shall be incorporated in the

        Union budget.

178. The provisions of Chapter X of this Constitution shall not apply to

     the Kachin State.

179. Subject to the provisions of this Constitution, all matters relating

     to the Constitution of the State including those relating to the

     powers and duties of the Head of the State, of the State Council and

     of the Cabinet of State Ministers, and their relations to each other

     and to the Union Government shall be determined by law.

 

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                                  PART III

 

                              THE KAREN STATE

 

180. (1)The following areas, viz.,

        (a) the Karenni State,

        (b) the Salween District and

        (c) such adjacent areas occupied by the Karens as may be

            determined by a Special Commission to be appointed by the

            President shall, if the majority of the people of these three

            areas and of the Karens living in Burma outside these areas so

            desire, form a constituent unit of the Union of Burma to be

            known as the Karen State, which shall thereupon have the same

            status as the Shan State.

     (2)The procedure for ascertaining the desire of the majority in each

        of the case mentioned in the last preceding sub-section shall be

        such as may be prescribed by the law of the Union.

 

                                KAW-THU-LAY

 

181. Until the Karen State is constituted under the last preceding

     section, the Salween District, and such adjacent areas occupied by

     the Karens as may be determined by a Special Commission to be

     appointed by the President, shall be a Special Region to be known as

     Kaw-thu-lay, subject to the following provisions: -

     (1)All the members of the Chamber of Deputies representing Karens

        shall constitute the Karen Affairs Council. They shall co-opt not

        more than five members of the Chamber of Nationalities

        representing Karens.

     (2)A Member of the Union Government to be known as “the Minister for

        Karen Affairs” shall be appointed by the President on the

        nomination of the Prime Minister, acting in consultation with the

        Karen Affairs Council, from amongst the members of the Parliament

        representing Kaerns.

     (3)Subject to the powers of the Union Government –

        (i) the general administration of the Kaw-thu-lay Special Region

            and in particular all matters relating to recruitment to the

            civil service in Kaw-thu-lay, to postings and transfers, and

            to disciplinary matters relating to these services;

 

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                 (ii) all matter relating to schools and cultural

                      institutions for Karens, and

                (iii) all matters affecting the special rights of the

                      Karens under this Constitution shall be under the

                      superintendence, direction and control of the

                      Minister for Karen Affairs.

             (4)The Karen Affairs Council shall aid and advise the

                Minister in the discharge of his duties.

             (5)Any member of the Council who shall have ceased to be a

                member of the Parliament shall be deemed to have vacated

                his seat in the Council but he may continue to carry on

                his duties until his successor shall have been elected.

             (6)Subject to the provisions of this Constitution, all

                matters relating to the powers and duties of the Minister

                and of the Council and their relations to each other and

                to the Union Government shall be determined by law.

 

                                  PART IV

 

                             THE KARENNI STATE

 

182. (1)The territory heretofore known as Mongpai State in the Federated

        Shan States shall be acceded to the Karenni State if the majority

        of the people of the territory so desire.

     (2)The procedure for ascertaining the desire of the majority shall be

        such as may be prescribed by law.

183. (1)Until the Parliament otherwise provides –

         (i)  The Sawphyas of Kantarawaddy, Bawlake and Kyebogyi shall

              represent the Karenni State in the Chamber of Nationalities;

         (ii) The Saohpa of Mongpai shall also be one of the

              representatives of the Karenni State in the Chamber of

              Nationalities on the accession of Mongpai to the Karenni

              State under the last preceding section;

        (iii) The Sawphyas and the Saohpa shall not be eligible for

              membership of the Chamber of Deputies.

 

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     (2)All the members of the Parliament representing the Karenni State

        shall constitute the Karenni State shall constitute the Karenni

        State Council.

     (3)Any member of the State Council who shall have ceased to be a

        member of the Parliament shall be deemed to have vacated his seat

        in the Council, but may continue to carry on his duties until his

        successor shall have been elected.

184. The State Council may recommend to the Parliament the passing of any

     law relating to any matter in respect of which the Council is not

     competent to legislate.

185. When a Bill has been passed by the State Council it shall be

     presented to the President for his signature and promulgation. The

     President shall sign the Bill within one month from the presentation

     of the Bill, unless he refers the Bill to the Supreme Court for its

     decision under the next succeeding section.

186. (1)The President may, in his discretion, refer any Bill presented to

        him under the last preceding section to the Supreme Court for

        decision on the question whether such Bill or any specified

        provision thereof is repugnant to this Constitution.

     (2)The Supreme Court, consisting of not less than three judges, shall

        consider the question referred to it and, after such hearing as it

        thinks fit, shall pronounce its decision on such question in open

        Court as soon as may be, and in any case not later than thirty

        days after the date of such reference.

     (3)In every case in which the Supreme Court decides that any

        provision of the Bill, the subject of a reference to the Supreme

        Court under this section, is repugnant to this Constitution, the

        President shall return the Bill to the State Council for

        reconsideration and shall decline to sign it unless the necessary

        amendments shall have been made thereto.

     (4)In every other case, the President shall sign the Bill and

        promulgate the Act as soon as may be after the decision of the

        Supreme Court shall have been pronounced.

 

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     (5)When the President has signed a Bill presented to him under the

        last preceding section, whether without or after a reference to

        the Supreme Court, the validity of any provision of the Bill shall

        not be called in question on the ground that it was beyond the

        competence of the State Council.

187. The signed text of every Act shall be enrolled for record in the

     office of the Register of the Supreme Court and a copy of the same

     shall be enrolled for record in the office of the Minister for the

     Karenni State.

188. The Head of the Karenni State may from time to time summon and

     prorogue the State Council;

     Provided that there shall be a session of the State Council once at

     least in every year so that a period of twelve months shall not

     intervene between the last sitting of the Council in one session and

     its first sitting in the next session.

 

                      GOVERNMENT OF THE KARENNI STATE

 

189. A member of the Union Government to be known as the Minister for the

     Karenni State shall be appointed by the President on the nomination

     of the Prime Minister acting in consultation with the Karenni State

     Council from among the members of the Parliament representing the

     karenni State. The Minister so appointed shall also be the Head of

     the Karenni State for the purposes of this Constitution.

190. (1)The Head of the State shall be in charge of the administration of

        the State, that is to say, the executive authority of the State

        shall be exercised by the Head of the State either directly or

        through officers subordinate to him.

     (2)Without prejudice to the generality of the provisions of the next

        succeeding section, the said executive authority shall extend to

        all matter relating to recruitment to the State civil services, to

        postings and transfers, and to disciplinary matters relating to

        these services.

191. (1)Subject to the provisions of this Constitution, the executive

        authority of the State extends to the matters with respect to

        which the State Council has power to make laws, and in all such

        matters the decision of the Council shall be binding on the Head

        of the State.

 

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     (2)The Head of the State shall consult the State Council in all other

        matters relating to the State.

     (3)In order to facilitate the communication of the decisions and the

        views of the State Council to the Head of the State, the Council

        may at its first meeting after a general election elect from among

        its members or otherwise a State Minister or Ministers to aid and

        advise the Head of the State in the exercise of his functions.

192. The Head of the States shall give or cause to be given an account of

     his work to the State Council in each ordinary secession, present or

     cause to be presented to the Council a report upon all matters

     relating to the State, and recommend for the consideration of the

     Council such measure as he thinks fit for promoting the general

     welfare.

193. (1)The Head of the State shall prepare or cause to be prepared the

        estimates of the receipts and of the expenditure of the State for

        each financial year and shall present them or cause them to be

        presented to the State Council for consideration.

     (2)Subject to any conditions that may be imposed by the Union in

        respect of any contributions from the Union, the State Council

        shall have power to approve the budget of the State; and in order

        to enable the President to satisfy himself that the conditions

        have been duly observed, such budget shall be incorporated in the

        Union budget.

194. Subject to the provisions of this Constitution, all matter relating

     to the Constitution of the State including those relating to the

     powers and duties of the Head of the State, of the State Council and

     of the State Minister or Ministers and their relations to each other

     and to the Union Government shall be determined by law.

195. All the provisions in this Part (Part IV of Chapter IX) shall cease

     to have effect if and when the Karen State is constituted under

     section 180.

 

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                                  PART V

 

                       SPECIAL DIVISION OF THE CHINS

 

196. There shall be a Special Division of the Chins comprising such areas

     in the Chin Hills District and the Arakan Hill Tracks as may be

     determined by the President.

197. (1)A Chin Affairs Council shall be constituted consisting of all the

        members of the Parliament representing the Chins.

     (2)A member of the Union Government to be known as “the Minister for

        Chin Affairs” shall be appointed by the President on the

        nomination of the Prime Minister, acting in consultation with the

        Chin Affairs Council, from amongst the members of the Parliament

        representing the Chins.

     (3)Subject to the powers of the Union Government –

         (i) the general administration of the Special Division and in

             particular all matters relating to recruitment to the civil

             services in the Special Division, to postings and transfers,

             and to disciplinary matters relating to these services, and

        (ii) all matters relating to schools and cultural institutions in

             the Special Division

        shall be under the superintendence, direction and control of the

        Minister in the discharge of his duties.

     (4)The Chin Affairs Council shall aid and advise the Minister in the

        discharge of his duties.

     (5)Any member of the Council who shall have ceased to be a member of

        the Parliament shall be deemed to have vacated his seat in the

        Council but he may continue to carry on his duties until his

        successor shall have been elected.

198. Subject to the provisions of this Constitution, all matters relating

     to the powers and duties of the Minister and of the Council and their

     relations to each other and to the Union Government shall be

     determined by law.

 

                                  PART VI

 

                                NEW STATES

 

199. The Parliament may by an Act admit to the Union a new State upon such

     terms and conditions including the extent of representation of the

     State in the Parliament as may be specified in the Act.

 

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200. The Parliament may by an Act, with the consent of the Council of

     every State whose boundaries are affected thereby –

      (a)  establish a new unit;

      (b)  increase the area of any unit;

      (c)  diminish the area of any unit;

      (d)  alter the boundaries of any unit;

     and may, with the like consent, make such supplemental, incidental

     and consequential provisions as the Parliament may deem necessary or

     proper.

 

                                 CHAPTER X

 

                            RIGHT OF SECESSION

 

201. Save as otherwise expressly provided in this Constitution or in any

     Act of Parliament made under section 199, every State shall have the

     right to secede from the Union in accordance with the conditions

     hereinafter prescribed.

202. The right of secession shall not be exercised within ten years from

     the date on which this Constitution comes into operation.

203. (1)Any State wishing to exercise the right of secession shall have a

        resolution to that effect passed by its State Council. No such

        resolution shall be deemed to have been passed unless not less

        than two-thirds of the total number of members of the State

        Council concerned have voted in its favour.

     (2)The Head of the State concerned shall notify the President of any

        such resolution passed by the Council and shall send him a copy of

        such resolution certified by the Chairman of the Council by which

        it was passed.

204. The President shall thereupon order a plebiscite to be taken for the

     purpose of ascertaining the will of the people of the State

     concerned.

 

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205. The President shall appoint a Plebiscite Commission consisting an

     equal number of members representing the Union and the State

     concerned in order to supervise the plebiscite.

206. Subject to the provisions of this Chapter, all matter relating to the

     exercise of the right of secession shall be regulated by law.

 

                                 CHAPTER XI

 

                       AMENDMENT OF THE CONSTITUTION

 

207. Any provision of this Constitution may be amended, whether by way of

     variation, addition, or repeal, in the manner hereinafter provided.

208. (1)Every proposal for an amendment of this Constitution shall be in

        the form of a Bill and shall be expressed as a Bill to amend the

        Constitution.

     (2)A Bill containing a proposal or proposals for the amendment of the

        Constitution shall contain no other proposals.

209. (1)Such Bill may be initiated in either Chamber of Parliament.

     (2)After it has been passed by each of the Chambers of Parliament,

        the Bill shall be considered by both Chambers in joint sitting.

     (3)The Bill shall be deemed to have been passed by both Chambers in

        joint sitting only when not less than two-thirds of the then

        members of both Chambers have voted in its favour.

     (4)A Bill which seeks to amend –

        (a) the State Legislative List in the Third Schedule, or

        (b) the State Revenue list in the Fourth Schedule, or

        (c) an Act of the Parliament making a declaration under paragraph

            (iv) of sub-section (1) of section 74 removing the

            disqualification of any persons for membership of the

            Parliament as representative from any of the States.

     shall not be deemed to have been passed at the joint sitting of the

     Chamber unless a majority of the members present and voting,

     representing the State or each of the States concerned, as the case

     may be, have voted in its favour.

 

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     (5)A Bill seeks to abridge any special rights conferred by this

        Constitution on Karens or Chins shall not be deemed to have been

        passed by the Chambers in joint sitting unless a majority of the

        members present and voting, representing the Karens or the Chins,

        as the case may be, have voted in its favour.

210. Upon the Bill being passed in accordance with the foregoing

     provisions of this Chapter, it shall be presented to the President

     who shall forthwith sign and promulgate the same.

 

                                CHAPTER XII

 

                          INTERNATIONAL RELATIONS

 

211. The Union of Burma renounces war as an instrument of national policy,

     and accepts the generally recognized principle of international law

     as its rule of conduct in its relation with foreign States.

212. The Union of Burma affirms its devoting to the ideal of peace and

     friendly co-operation amongst nations founded on international

     justice and morality.

213. (1)Every international agreement to which the Union becomes a party

        shall be laid before the Parliament.

     (2)No international agreement requiring or likely to require

        legislation in order to give effect thereto shall be ratified

        except with the approval of the parliament.

     (3)No international agreement involving a charge upon the revenues of

        the Union shall be ratified unless the terms of the agreement

        shall have been approved by the Chamber of Deputies.

     Explanation. – This section shall not apply to inter-governmental

     agreements or conventions of a technical or administrative character.

214. No international agreement as such shall be part of the municipal law

     of the Union, save as may be determined by the Parliament.

 

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                                CHAPTER XIII

 

                             GENERAL PROVISIONS

 

215. The National Flag shall be rectangular in shape and red in colour

     with a canton of dark blue. In the canton shall be a five-pointed

     large white star with five smaller similar stars between points. One

     of the five points of each star, large or small, shall direct

     upwards. The dimensions of the Flag shall be nine feet by five feet

     and the canton shall be four feet by two an a half feet. The size of

     the large star shall be such that a circle drawn through the five

     points shall have a diameter of eighteen inches and the smaller stars

     nine inches. National Flags of other sizes shall conform as nearly as

     possible to the above proportions.

216. The official language of the Union shall be Burmese, provided that

     the use of the English language may be permitted.

217. Two copies of the Constitution shall be made, one in the Burmese

     language and the other in the English language, both copies to be

     signed by the President of the Constituent Assembly and enrolled for

     record in the office of the Registrar of the Supreme Court. Such

     copies shall be conclusive evidence of the provisions of this

     Constitution.

218. No certificate, licence or other form of authorization for the

     operation of any public utility service shall be granted by the Union

     or by a State except to –

      (i) organizations controlled by the Union or by a State or by local

          authorities, or

     (ii) citizens of the Union, or

     (iii)companies or other associations organized under the laws in

          force in the Union, not less than sixty per cent of whose

          capital is owned by the Union or by any State or by any local

          authority or by citizens of the Union;

 

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     nor shall such certificate, licence or authorization be granted by

     the Union or by a State to any individual, firm or company for a

     longer period than twenty-five years and except under the condition

     that it shall be subject to amendment, alternation or repeal by law

     when the public interest so requires.

219. All timber and mineral lands, forests, water, fisheries, minerals,

     coal, petroleum and other mineral oils, all sources of potential

     energy and other natural resources shall be exploited and developed

     by the Union; provided that subject to such specific exceptions as

     may be authorized by an Act of Parliament in the interest of the

     Union, the Union may grant the right of exploration, development or

     utilization of the same to the citizens of the Union or to companies

     or associations at least sixty per cent of the capital of which is

     owned by such citizens:

     Provided further that no such right shall be granted by the Union

     except under the condition that it shall be subject to amendment,

     alternation or repeal by the Parliament when the public interest so

     requires.

     No certificate, licence, or other form of authorization for the

     exploitation, development or utilization of any of the aforesaid

     natural resources of the Union shall be granted in future for a

     period exceeding twenty-five years.

220. Subject to such specific exceptions as may be authorized by an Act of

     Parliament in the interest of the Union, the Union shall not grant

     any agricultural land for the exploitation, development or

     utilization to any persons other than the citizens of the Union.

221. The Parliament shall, be law, set up a Public Service Commission to

     assist the Union Government in matters relating to recruitment to the

     civil services of the Union, and to advise in disciplinary matters

     affecting the services. The composition, powers and functions of the

     Commission and the terms of service of its members shall be defined

     by an Act of the Parliament.

 

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                              INTERPRETATION

 

222. (1)In this Constitution, unless the context otherwise requires, the

        following expressions have the meanings hereby respectively

        assigned to them that is to say, -

        “Burma” has the same meaning as in the Government of Burma Act,

        1935;

        “Existing law” means any law, Ordinance, Order, bye-law, rule or

        regulation passed or made before the commencement of this

        Constitution by any legislature, authority or person in any

        territories included within the Union of Burma being a

        legislature, authority or person having power to make such law,

        Ordinance, Order, bye-law, rule or regulation;

        “Saohpa” or “Sawphya” means, in the event of any dispute, the

        person recognized as such by the President in accordance with the

        rules of succession applicable;

        “Unit” means –

        (a) any State forming a constituent unit of the Union of Burma;

        (b) all the territories of the Union of Burma not forming part of

            any State.

     (2)In Chapter VI, VII, X, XI and XIII and in Third and Fourth

        Schedules, the term “State” means, save where a contrary intention

        appears, the Shan State, the Kachin State, the Karenni State or

        any new State that may be constituted under Part VI of Chapter IX.

     (3)Save where a contrary intention appears, the provisions of the

        Burma General Clauses Act shall extend to the interpretation and

        application of this Constitution.

 

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                                CHAPTER XIV

 

                           TRANSITORY PROVISIONS

 

223. All rights, authority, jurisdiction and prerogative heretofore

     belonging to His Britannic Majesty which appertain or are incidental

     to the government of the territories in Burma for the time being

     vested in him by virtue of the Government of Burma Act, 1935, or

     otherwise, and all rights, authority, jurisdiction and prerogative

     exercisable by him by treaty, grant, usage, sufferance or otherwise

     in, or in relation to, any other territories in Burma, are hereby

     declared to belong to the Union:

     Provided that any prerogative which subsisted in His Britannic

     Majesty and was exercisable by him in or in respect of British Burma

     immediately before the commencement of this Constitution shall cease

     to be exercisable as such by any authority in the Union.

224. All rights and assets which immediately before the commencement of

     this Constitution were vested in His Britannic Majesty or any other

     authority for the purposes of the government of Burma and the Karenni

     States shall, as from the commencement of this Constitution, be

     vested in the Union Government.

     In particular, all forests and all mineral and other wealth

     underground, the waters including mineral and medicinal waters, the

     sources of natural power, the rail transport, posts,

     telecommunications and broadcasting shall be from the commencement of

     this Constitution the property of the Union.

225. (1)Any proceedings relating to contracts or liabilities which, if

        this Constitution had not come into operation, might have been

        brought against the Government of Burma, may be brought against

        the Union Government.

     (2)The Union of Burma may sue and be sued by the name of the Union of

        Burma.

 

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     (3)If at the date of the coming into operation of this Constitution

        any legal proceedings are pending to which the Government of Burma

        is a party, the Union Government shall be deemed to be substituted

        in those proceedings for the Government of Burma.

226. (1)Subject to this Constitution and to the extent to which they are

        not inconsistent therewith, the existing laws shall continue to be

        in force until the same or any of them shall have been repealed or

        amended by a competent legislature or other competent authority.

     (2)The President of the Union may, by Order provide that as from such

        date as may be specified in the order any existing law shall,

        until repealed or amended by the Parliament or other competent

        authority, have effect subject to such adaptations and

        modifications as appear to him to be necessary or expedient with

        due regard to the provisions of this Constitution.

227. The Union shall honour all legitimate obligations arising out of any

     treaties or agreements which immediately before the commencement of

     this Constitution were in force between the Government of Burma, or

     His Britannic Majesty or His Majesty’s Government in the United

     Kingdom acting on behalf of the Government of Burma, and the Head of

     Government of any other State, provided that such other State honours

     any reciprocal obligations towards the Union.

228. All Courts existing at the date of the coming into operation of this

     Constitution shall continue to exercise their jurisdiction until new

     Courts are established by law in accordance with this Constitution.

     All cases, civil, criminal and revenue, pending in the said Courts,

     shall be disposed of as if this Constitution had not come into

     operation.

229. All persons who were in the service of the Government of Burma

     immediately before the coming into operation of this Constitution

     shall continue in service until the Union Government provide

     otherwise.

 

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230. For the purpose of removing any unforeseen difficulties, particularly

     in relation to the transition from the provisions of the Government

     of Burma Act, 1935, to the provisions of this Constitution, the

     President of the Union may by Order direct that this Constitution

     shall during such period as may be specified in the Order have effect

     subject to such amendments, whether by way of variation, addition or

     repeal, as he may deem to be necessary or expedient. No such Order

     shall be made under this section after the first meeting of the Union

     Parliament duly constituted under Chapter VI; and so such Order shall

     be made unless it is approved by a resolution passed by this

     Constituent Assembly exercising the powers of both Chambers of

     Parliament under the provisions of the next succeeding section.

231. (1)Until the first meeting of the Union Parliament duly constituted

        under Chapter VI, this Constituent Assembly shall itself exercise

        all the powers, discharge all the duties and enjoy all the

        privileges of both Chambers of Parliament.

     (2)Such person as the Constituent Assembly shall have elected in this

        behalf shall be the Provisional President of the Union until a

        President has been duly elected under Chapter V and shall exercise

        all the powers and discharge all the duties conferred or imposed

        upon the President by this Constitution.

        A period of service as Provisional President shall not count as a

        term of service for the purposes of sub-section (2) of section 48.

     (3)Such persons as shall have been elected in this behalf by the

        Constituent Assembly shall be the Prime Minister and other members

        of the Provisional Union Government, until the President duly

        elected under Chapter V has appointed other persons in accordance

        with the provisions of section 56.

232. (1)Until the first meeting of the Union Parliament duly constituted

        under Chapter VI

        (a) all the members of the Constituent Assembly representing the

            Federated Shan States shall constitute the Provisional Shan

            State Council;

 

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          (b) all the members of the Constituent Assembly representing the

              Myitkyina and Bhamo Districts shall constitute the

              Provisional Kachin State Council;

          (c) all the members of the Constituent Assembly representing the

              Karens shall constitute the Provisional Karen Affairs

              Council;

          (d) all the members of the Constituent Assembly representing the

              Karenni State and such other persons from the Karenni State

              and such other persons from the Karenni State not exceeding

              two as may be nominated by the Provisional President shall

              constitute the Provisional Karenni State Council; and

          (e) all the members of the Constituent Assembly representing the

              Chin Hills District and the Arakan Hill Tracts shall

              constitute the Provisional Chin Affairs Council.

     (2)   Each of the aforesaid Provisional Councils shall exercise all

           the powers and discharge all the duties of the corresponding

           Council constituted under Chapter IX.

233. The first general elections under this Constitution shall be held

     within eighteen months from the date of the coming into operation of

     this Constitution.

234. This Constitution shall come into operation on such date as the

     Provisional President may announce by proclamation not being later

     than the eighth day of Kas?n waxing, 1310 B.E. (fifteenth day of

     April, 1948 A.D.)

 

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                              FIRST SCHEDULE

 

                        FORM OF OATH OR AFFIRMATION

 

                             (See Section 72.)

 

I ..................... having been chosen a member of the Chamber of

Deputies/Nationalities do solemnly swear (affirm) that I will maintain the

Constitution of the Union and uphold its laws, and that I will faithfully

discharge the duty upon which I am about to enter.

 

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                              SECOND SCHEDULE

 

                COMPOSITION OF THE CHAMBER OF NATIONALITIES

 

                             (See section 87)

 

Of the 125 seats in the Chamber of Nationalities –

 

(a) twenty-five seats shall be filled by representatives from the Shan

    State;

(b) twelve seats shall be filled by representatives from the Kachin State;

(c) eight seats shall be filled by representatives from the Special

    Division of the Chins;

(d) three seats shall be filled by representatives from the Karenni State;

(e) twenty-four seats shall be filled by representatives of Karens;

(f) fifty-three seats shall be filled by representatives form the

    remaining territories of the Union of Burma.

 

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                              THIRD SCHEDULE

 

                      LIST I. UNION LEGISLATIVE LIST

 

                           (See Section 92 [1])

 

1. Defence: that is to say, the defence of the Union and of every part

   thereof, including generally all preparations for defence as well as

   all such acts in times of war as may be conducive to its successful

   prosecution and to effective demobilisation after its termination, and

   in particular –

   (1)The raising, training, maintenance and control of Naval, Military

      and Air Force and employment thereof for the defence of the Union

      and the execution of the laws of the Union and the States.

   (2)Defence Industries.

   (3)Naval, Military and Air Forces Works.

   (4)Local self-government in cantonment areas, the constitution and

      powers within such areas of cantonment authorities, the regulation

      of house accommodation in such areas and the delimitation of such

      areas.

   (5)Arms, fire-arms, ammunition and explosives.

   (6)Atomic energy, and mineral resources essential to its production.

   (7)Conduct of War.

2. External Affairs:

   (1)Diplomatic, consular and trade representation.

   (2)United Nations Organization.

   (3)Participation in international conferences, associations and other

      bodies and implementing of decisions made threat.

   (4)The declaration of war and conclusion of peace.

 

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   (5) The entering into and implementing of treaties and agreement with

       other countries.

   (6) Regulation of trade and commerce with foreign countries.

   (7) Foreign Loans.

   (8) Citizens; aliens; acquisition and termination of citizenship.

   (9) Extradition.

   (10)Passports and visas.

   (11)Foreign jurisdiction.

   (12)Admiralty jurisdiction.

   (13)Piracies, offices committed on the high seas and offences committed

       in the air against the law of nations.

   (14)Admission into, and emigration and expulsion from, the Union.

   (15)Fishing and fisheries beyond territorial waters.

   (16)Important and export across customs frontiers as defined by the

       Union Government.

3. Communications:

   (1) Port and inter-unit quarantine; seamen’s and marine hospital and

       hospital connected with port quarantine.

   (2) Airways.

   (3) Highways and waterways declared by the Union to be Union highways

       and waterways.

   (4) Shipping and navigation as regards mechanically propelled vessels

       on inland waterways declared by the Union to be Union waterways;

       the rule of the road on such waterways; carriage of passengers and

       goods on such waterways.

   (5) Railways.

   (6) Maritime shipping and navigation, including shipping land

       navigation on tidal waters.

 

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   (7) Major ports, that is to say, the declaration and delimitation of

       such ports, and the constitution and powers of port authorities

       therein.

   (8) Aircraft and air navigation; the provision of aerodromes;

       regulation and organization of air traffic and of aerodromes.

   (9) Carriage of passengers and goods by sea or by air.

   (10)Lighthouse, including lightships, beacons and other provisions for

       the safety of shipping and aircraft.

   (11)Posts and telegraphs, telephones, wireless, broadcasting and other

       like forms of communication.

4. Finance:

   (1) The borrowing of money on the credit of the Union.

   (2) Duties of customs including export duties.

   (3) Duties of excise excluding those enumerated in the State

       Legislative List but including taxes on the production, consumption

       and sale of electricity.

   (4) Taxes on the sale of goods.

   (5) Taxes on companies.

   (6) Taxes on income.

   (7) Taxes on the capital value of the assets of individuals and

       companies.

   (8) Taxes on the capital of companies.

   (9) Estate duty and duties in respect of succession to property.

   (10)Excess Profits Tax.

   (11)Savings Bank.

   (12)Stamp duty in respect of bills of exchange, cheques, promissory

       notes and other documents.

 

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   (13)Terminal taxes on goods or passengers carried by railway, sea or

       air.

   (14)Taxes on railway fares and freights.

   (15)Fees in respect of any of the matters in this list but not

       including fees taken in any Court subordinate to the High Court.

5. General:

   (1) The Reserve Bank; banking including incorporation of banks, and the

       issue of paper money.

   (2) Currency, coinage and legal tender.

   (3) Enquiries, surveys and statistics for the purpose of the Union.

   (4) Acquisition of property for the purposes of the Union.

   (5) Any Museum, Library or other institutions declared by Union law to

       be of national importance.

   (6) Union agencies and institutes for the following purposes, that is

       to say, for research, for professional or technical training, or

       for the promotion of special studies.

   (7) Census.

   (8) Union Services.

   (9) Elections to the Union Parliament subject to the provisions of the

       Constitution.

   (10)Emoluments and allowances of the President, the salaries and

       allowances of the Prime Minister and other members of the Union

       Government, the salaries of the Speaker and the Deputy Speaker of

       the Chamber of Nationalities; the salaries of the Speaker and the

       Deputy Speaker of the Chamber of Deputies; the salaries, allowances

       and privileges of members of the Union Parliament.

   (11)Public debt of the Union.

   (12)Criminal Law and Procedure.

 

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     (13)Civil Law and Procedure including in particular the laws relating

         to – infants and minors; adoption; transfer of property; trusts

         and trustees; contracts; arbitration; insolvency; actionable

         wrongs; lunacy.

     (14)Law of Evidence.

     (15)Legal, medical and other professions.

     (16)Newspapers, books and printing presses.

     (17)Poisons and dangerous drugs.

     (18)Mechanically propelled vehicles.

     (19)Factories.

     (20)Welfare of labour; conditions of labour; employers’ liability and

         workmen’s compensation; health insurance; old age pensions.

     (21)Unemployment insurance.

     (22)Trade Unions; industrial and labour disputes.

     (23)Electricity.

     (24)Insurance.

     (25)Company Law.

     (26)Cheques, bills of exchange, promissory notes and other like

         instruments.

     (27)Copyright; inventions; patents; trade marks and merchandise

         marks; trade designs.

     (28)Planning.

     (29)Regulation of land tenures, including the relation of landlord

         and tenant and the collection of rents; transfer, alienation and

         devolution of land.

     (30)Ancient and historical monuments; archeological sites and

         remains.

     (31)Standard weight and measures.

     (32)Opium, except as to excise duties thereon.

     (33)Petroleum and other liquids and substances declared by Union law

         to be dangerously inflammable.

 

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    (34)Development of industries, where development under Union control

        is declared by Union law to be expedient in the public interests.

    (35)Co-operative societies.

    (36)Regulation of forests, mines and oil-fields (including labour and

        safety in mines and oil-fields) and mineral development.

    (37)Migration within the Union.

    (38)Jurisdiction and powers of all courts with respect to any of the

        matters enumerated in this list.

    (39)Offences against laws with respect to any of the matters in this

        list.

    (40)Any other matter not enumerated in List II.

 

 

 

                                  LIST II

 

                          STATE LEGISLATIVE LIST

 

                           [See Section 92 (2)]

 

1. Constitutional Affairs:

   (1)The constitution of the State, subject to the provisions of this

      Constitution.

   (2)State Public Services and State Public Service Commission.

   (3)State pensions, that is to say, pensions payable by the State or out

      of the State Revenues.

   (4)The salaries of the State Ministers, and of the Chairman of the

      State Council; salaries, allowances and privileges of the members of

      the State Council.

2. Economic Affairs:

   (1)Agriculture; cattle pounds and the prevention of cattle trespass.

   (2)Fisheries within the State.

   (3)Land; Land revenue; land improvement and agricultural loans;

      colonization; encumbered and attached estates; treasure trove.

   (4)Works, lands and building vested in or in the possession of the

      State.

 

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   (5) Markets and fairs.

   (6) Water, that is to say, water supplies, irrigation and canals,

       drainage and embankments, water storage, but excluding inter-unit

       rivers and water-courses.

   (7) Capitation and Thathameda taxes.

   (8) Duties of excise on the following goods manufactured or produced in

       the State and countervailing duties at the same or lower rates on

       similar goods manufactured or produced elsewhere in the Union: -

        (i)  Opium.

        (ii) Indian hemp and other narcotics; non-narcotics drugs.

       (iii) Medicinal and toilet preparations containing alcohol or any

             substance included in item (ii) or (iii) above.

        (iv) Alcoholic liquors for human consumption.

   (9) Taxes on trades and employments.

   (10)Taxes on animals and boats.

   (11)Taxes on entertainments, amusements, betting and gambling.

   (12)Tolls.

3. Security:

   (1) Public order (but not including the use of naval, military or air

       forces of the Union).

   (2) Police including Village Police.

   (3) The administration of justice; constitution and organization of all

       Courts subordinate to the High Court, and fees taken therein;

       preventive detention for reasons connected with the maintenance of

       public order; persons subject to such detention.

   (4) Jurisdiction and powers of all Courts subordinate to the High

       Court, with respect to any of the matters enumerated in this list.

   (5) Prisons; persons detained therein; arrangements with other units

       for the use of prisons and other institutions.

   (6) Offences against laws with respect to any of the matters enumerated

       in this list.

 

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4. Communications:

   (1)Roads, bridges, ferries and other means of communication other than

      such as extend beyond the borders of the State.

   (2)Municipal tramways; rope-ways.

   (3)Inland waterways and traffic thereon.

   (4)Local works and undertakings within the State other than railways,

      subject to the power of the Union Parliament to declare any work a

      national work and to provide for its construction by arrangement

      with the State Council or otherwise.

5. Education:

   (1)Education excluding, for a period of ten years from the commencement

      of this Constitution and thereafter until the Union Parliament

      otherwise provides, University, higher technical and professional

      education.

   (2)All educational institutions controlled or financed by the State.

   (3)Libraries, museums and other similar institutions controlled or

      financed by the State.

   (4)Theaters, dramatic performances and cinemas, but not including the

      sanction of cinematographic films for exhibition.

6. Public Health:

   (1)Public Health and sanitation.

   (2)The establishment, maintenance and management of hospitals, asylums

      and dispensaries.

   (3)Registration of births, deaths and marriages.

   (4)Burials and burial grounds.

7. Local Government:

   (1)Municipalities and other local authorities for the purpose of local

      self-government or village administration.

   (2)Charities and charitable institutions.

 

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8. General:

   (1)Relief of the poor.

   (2)Enquiries and statistics for the purpose of any of the matters

      enumerated in this list.

   (3)Generally all matters which in the opinion of the President are of a

      merely local or private nature in the State.

 

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                              FOURTH SCHEDULE

 

                            STATE REVENUE LIST

 

                             [See Section 96]

 

 1. Land Revenue:

     (i) Land revenue proper.

    (ii) Rents and fees of fisheries.

    (iii)Royalty on petroleum.

    (iv) Royalty on minerals and taxes on mineral rights.

     (v) Royalty on rubber.

    (vi) Capitation and Thathameda taxes.

 2. Duties of Excise on the following goods manufactured or produced in

    the State and countervailing duties at the same or lower rates on

    similar goods manufactured or produced elsewhere in the Union:

  .  (i) Alcoholic liquors for human consumption

    (ii) Opium.

    (iii)Indian hemp and other narcotics; non-narcotic drugs.

  . (iv) Medicinal and toilet preparations containing alcohol or any

         substance included in item (ii) or (iii) above.

 3. Fees taken in Courts subordinate to the High Court.

 4. Forests.

 5. Registration.

 6. Taxes on trades and employments.

 7. Taxes on animals and boats.

 8. Taxes on entertainments, amusements, betting and gambling.

 9. Taxes under the State Motor Vehicles Taxation Acts.

10. Irrigation dues.

11. Interests on advances made from the State revenues and on State

    investment.

 

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12. Contributions from component parts to the State.

13. Contributions from the Union.

14. All fees, fines, sale proceeds and rents of property belonging to the

    State, recoveries of over-payments and payments for services rendered

    in connection with any or all matters enumerated above and also in

    connection with the following: -

    (a) Administration of justice.

    (b) Jails and convict settlements.

    (c) Police.

    (d) Education.

    (e) Medical.

    (f) Public health.

    (g) Agriculture.

    (h) Veterinary.

    (i) Co-operative societies.

    (j) Registration of births, deaths and marriages.

    (k) Civil works.

    (l) Receipts in aid of superannuation of State employees.

    (m) Stationery and printing.

    (n) Unclaimed deposits.

    (o) Treasure trove.

    (p) Tolls.

    (q) Extraordinary receipts.

 

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