National Convention continues Fundamental Principles and Detailed Basic Principles adopted by NC read out

Yangon, 31 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today.

The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention.

The Chairman and members of the National Convention Convening Work Committee and members of the Panel of Chairman of the National Convention signed in the book of records.

Present on the occasion were National Convention Convening Commission Chairman State Peace and Development Council Secretary-1 Lt-Gen Thein Sein and members, National Convention Convening Work Committee Chairman Chief Justice U Aung Toe and members, National Convention Convening Management Committee Chairman Auditor-General Maj-Gen Lun Maung and members, chairmen and officials of sub-committees, delegates of political parties such as National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General's Office, the Auditor-General's Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and the State service personnel of the respective ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5 (KDA), Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) Breakaway (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyi-aye (MTA), Manpan People's Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Saik Chan Group that had exchanged arms for peace. At 7.30 am, before the plenary session of the National Convention, members of the National Convention Convening Commission, members of the National Convention Convening Work Committee, members of the National Convention Convening Management Committee, chairmen of the respective subcommittees and members, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of intellectuals and intelligentsia delegates of workers, delegates of service personnel and other invited delegates signed in the attendance books at Pyidaungsu Hall and the recreation hall for National Convention delegates. At the plenary session, U Tin Kha of Delegate Group of State Service Personnel presided over the meeting together with U Myo Thant (Maung Hsu Shin) of NCC Work Committee, U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-Elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia and Dr Manan Tu Ja of Delegate Group of Other Invited Persons as members of the panel of chairmen.

Director U Than Aung of the NCC Work Committee Office acted as MC and Deputy Director U Aung Kyi as co-MC. The MC declared the start of the meeting with the permission of the chairman as 1058 out of 1071 delegates were in attendance, accounting for 98.79 per cent.

The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention. First, U Maung Hla (a) U Hla Myint of Delegate Group of National Races read out detailed basic principles regarding sharing of the judicial power in the chapter Judiciary, and the chapters the Tatmadaw, Citizenship, Fundamental Rights and Duties of Citizens.

(The presentation will be published.)

Next, U Kan Nyunt of Delegate Group of Peasants read out detailed basic principles regarding the chapters Election' and Political Parties'. The Plenary Session took a break at 9.45 am.

(The presentation will be published.)

When the Plenary Session of the National Convention resumed at 10 am, U Kyaw Win Tun of Delegate Group of Workers read out the detailed basic principles regarding the chapters Provisions on State of Emergency', Amendment of the Constitution' and State Flag, State Seal, National Anthem and the Capital' and Dr Maung Maung Wint of the Delegate Group of Intellectuals and Intelligentsia read out detailed basic principles regarding the chapters Transitory Provisions' and General Provisions'.

(The presentation will be published.)

Afterwards, Alternate Chairman of the Plenary Session of the National Convention U Tin Kha of Delegate Group of State Service Personnel made concluding remarks and the plenary session took a break at 10.45 am.

When the Plenary Session of the National Convention resumed at 11 am, members of the panel of chairmen, on behalf of all the delegates to the National Convention, and Chairman of NCCWC Chief Justice U Aung Toe and members of NCCWC, on behalf of NCCC, NCCWC and NCCMC, signed in the book of records of the compilation of fundamental principles and detailed basic principles adopted by the National Convention.

Next, the book of records was presented to Alternate Chairman of the Plenary Session of the National Convention U Tin Kha of Delegate Group of State Service Personnel. The Plenary Session of the National Convention was adjourned at 11.55 am.

The Plenary Session of the National Convention continues on 3 September (Monday) at 9 am at the Pyidaungsu Hall.

The head of the Supreme Court of the Union shall be called Chief Justice of the Union

Yangon, 31 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Formation of Judiciary in the chapter Judiciary' read out by U Maung Gyi of Delegate Group of Representatives-elect.

Chapter (VI)

Judiciary

Formation of Judiciary

1. In connection with the distribution of judicial powers of the State,

The judicial power of the State is distributed,

(a) in accordance with the State Constitution or by other Laws, among the Supreme Court of the Union, High Courts of the Regions, High Courts of the States, Courts of the self-administered divisions, Courts of the self-administered zones, District Courts, Township Courts, other courts constituted by law and judges appointed in accordance with law.

(b) in accordance with the State Constitution or by other laws, among Courts Martial,

(c) in accordance with the State Constitution, to the Constitutional Tribunal.

Constitution of the Supreme Court of the Union

2. In connection with the constitution of the Supreme Court of the Union,

(a) In the State is constituted one Supreme Court of the Union. The Supreme Court of the Union is the supreme law court of the State which shall not affect judicial powers vested in the Constitutional Tribunal and Courts Martial.

(b) (1) The head of the Supreme Court of the Union shall be called Chief Justice of the Union;

(2) in the Supreme Court of the Union, judges of the Supreme Court of the Union including the Chief Justice of the Union shall be appointed from a minimum number of seven to maximum 11.

(c) (1) The President of the State shall submit the nomination of the person suitable to be appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw and seek the approval of it;

(2) Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President for appointment of the Chief Justice of the Union unless it can clearly prove that the person do not meet the qualifications for the post prescribed in the Constitution;

(3) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of the Chief Justice of the Union;

(4) The President of the State shall appoint the person who has been approved by Pyidaungsu Hluttaw as the Chief Justice of the Union.

(d) (1) The President of the State, in consultation with the Chief Justice of the Union, shall submit the nomination of persons suitable to be appointed as the Judges of the Supreme Court of the Union to the Pyidaungsu Hluttaw and seek the approval of it;

(2) Pyidaungsu Hluttaw has no right to reject persons nominated by the President of the State for the appointment of Judges of the Supreme Court of the Union unless it can prove clearly the persons concerned do not possess the qualifications prescribed for Judges of the Supreme Court of the Union in the Constitution;

(3) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of a Judge of the Supreme Court of the Union;

(4) The President of the State shall appoint the persons approved by Pyidaungsu Hluttaw as Judges of the Supreme Court of the Union.

Qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union

3. In connection with qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union,

The Chief Justice of the Union and Judges of the Supreme Court of the Union shall

(a) be not younger than 50 years and not older than 70;

(b) possess qualifications, except for age limit, prescribed for Hluttaw representative;

(c) (1) have been for at least five years as a judge of the High Court of a region of state, or

(2) have been a judicial officer or law officer for at least ten years not lower than region or state level, or

(3) have been an advocate of a High Court of at least 20 years' standings;

(4) have been assumed by the President to be a legal expert of prominent reputation.

(d) be loyal to the State and the citizenry;

(e) not be a member of a political party;

(f) not be a Hluttaw representative.

Impeachment of the Chief Justice of the Union or Judges of the Supreme Court of the Union

4. In connection with the powers to be vested in the President of the State,

(a) The President of the State shall impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union for any of the following reasons,

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) misconduct,

(4) being disqualified for the post of the Chief Justice of the Union or a Judge of the Supreme Court of the Union under the Constitution,

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union, the President of the State shall submit the charge to the Nayaka of the Pyidaungsu Hluttaw.

(c) The Nayaka of the Pyidaungsu Hluttaw shall form an investigation commission and cause the charge to be investigated according to law.

(d) In forming the investigation commission, equal number of representatives of the Pyithu Hluttaw and Amyotha Hluttaw shall be included and a suitable person out of the commission members shall be appointed as chairman of the investigation commission.

(e) The term pending the completion of the investigation shall be determined depending on the magnitude of the charge.

(f) The President of the State may explain the charge made by him before the investigation commission personally or through a representative. He has the right to submit evidence and witnesses.

(g) The person thus charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it.

(h) The Nayaka of the Pyidaungsu Hluttaw shall report to the Pyidaungsu Hluttaw the findings of the investigation commission.

(i) If a decision is passed, supported by two-thirds of the total membership of the Pyidaungsu Hluttaw, declaring that the charge has been substantiated and that the Chief Justice of the Union or a Judge of the Supreme Court of the Union thus charged is such as to render him unfit to continue in office, the Nayaka of the Pyidaungsu Hluttaw shall report the decision to the President of the State.

(j) The President of the State then proceed to remove the Chief Justice of the Union or a Judge of the Supreme Court of the Union who has been impeached.

(k) If the Pyidaungsu Hluttaw decides that the charge has been refuted, the Nayaka of the Pyidaungsu Hluttaw shall report the decision to the President of the State.

5. In connection with the impeachment of the Chief Justice of the Union or a Judge of the Supreme Court of the Union,

(a) The Chief Justice of the Union or a Judge of the Supreme Court of the Union shall be impeached for any of the following:

(1) breach of allegiance to the State,

(2) violation of any of the provisions in the Constitution,

(3) moral turpitude,

(4) being disqualified for the post of the Chief Justice of the Union or a Judge of the Supreme Court of the Union under the Constitution

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union, it shall be done so in accord with the provisions of the Constitution regarding the impeachment of the President or Vice President of the State.

(c) However, if the Hluttaw concerned submits report that the charge has been substantiated and the offence, the subject of the charge, is such as to render the Chief Justice of the Union or a Judge of the Supreme Court of the Union unfit to continue in office, the President of the State shall proceed to proclaim the removal of the Chief Justice of the Union or a Judge of the Supreme Court of the Union.

(d) If the Hluttaw concerned decides that the charge has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President of the State.

The term of the Chief Justice of the Union and Judges of the Supreme Court of the Union

6. In connection with the term of office of the Chief Justice of the Union and Judges of the Supreme Court of the Union,

The chief Justice of the Union and Judges of the Supreme Court of the Union are to hold office up to the age of 70 unless asked to resign by the President of the State or removed from office, or until one of the following occurs:

(a) resignation of own accord;

(b) being removed from office after impeachment in accordance with the provisions of the Constitution;

(c) permanent disability due to either physical or mental defects shown by medical board of examinations prescribed by law, or any other cause rendering them unfit to carry on duties;

(d) death.

7. In connection with the Chief Justice of the Union or Judges of the Supreme Court of the Union having to be free from party politics and retiring from civil service,

(a) the Chief Justice of the Union and Judges of the Supreme Court of the Union must by free from party politics;

(b) the Chief Justice of the Union or Judges of the Supreme Court of the Union, if he happens to be a civil servant, must be deemed to have retired from civil service, in accord with existing service regulations from the date of appointment as the Chief Justice of the Union or Judges of the Supreme Court of the Union.

8. In connection with duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union,

duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union shall be prescribed by law.

9. In connection with the status of the Chief Justice of the Union or Judges of the Supreme Court of the Union,

- the Chief Justice of the Union is prescribed to be of the same status as the Vice-President and Judges of the Supreme Court of the Union are prescribed to be of the same status as Union Ministers, for the purpose of reference in prescribing by law duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union.

Formation of High Courts of Region or State

10. In connection with formation of High Courts of Region or State,

(a) there is a High Court of the Region in every Region, and a High Court of the State in every State.

(b) (1) the leader of High Court of the Region or High Court of the State shall be known as Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State.

(2) In a High Court of the Region or High Court of the State, a minimum of three and a maximum of seven Judges of the High Court of the Region or the High Court of the State, inclusive of Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State, may be appointed.

(c) (1) the President of the State, in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, shall prepare a nomination of the Chief Justice of the High Court of Region or State, and the Chief Minister of the Region or State concerned, in coordination with the Chief Justice of the Union. shall prepare a nomination of the Judges of the High Court of the Region or State concerned, and they shall send them to the Region or State Hluttaw concerned.

(2) Region or State Hluttaw concerned shall not have the right to reject the person nominated by the President of the State in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, to be appointed Chief Justice of the High Court of the Region or State, or the persons nominated by the Chief Minister of the Region or State concerned, in coordination with the Chief Justice of the Union, to be appointed Judges of the High Court of the Region or State concerned, unless it can prove clearly that the person or persons do not fully possess qualifications prescribed for the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State as contained in the Constitution.

(3) There is right to present new nomination as prescribed in place of persons rejected as in Sub-Paragraph 2 above.

(4) the President of the State shall appoint persons approved by Region or State Hluttaw as the Chief Justice of the High Court of Region or State and Judges of the High Court of the Region or State.

Designation of qualifications of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State

11. In connection with the qualifications of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State,

- the Chief Justice of the High Court of Region or State and Judges of the High Court of the Region or State shall possess the following qualifications:

(a) person not younger than 45 and not older than 65 years of age;

(b) person who possess qualifications prescribed for Region or State Hluttaw representative except for the age stipulation;

(c) (1) person who has served at least five years as judicial service personnel or law service personnel of not lower than Region or State level or at least ten years as judicial service personnel or law service personnel of not lower than district level, or

(2) a person who has served as advocate for at least 15 years, or

(3) person whom the President of the State regards as one of high repute as learned in law.

(d) person loyal to the State and the citizenry;

(e) person who is not a member of a political party:

(f) person who is not Hluttaw representative:

Impeachment of the Chief Justice of the High Court of Region or State and Judges of the High Court of Region or State

12. In connection with empowering the President of the State and the Chief Minister of Region or State,

(a) The President of the State may impeach the Chief Justice of the High Court of Region or State, and the Chief Minister of Region or State may impeach a Judge of the High Court of Region or State, for any of the following:

(1) breach of allegiance to the State

(2) breach of a provision of the Constitution

(3) moral turpitude

(4) Losing qualifications prescribed for the Chief Justice of the High Court of Region or State or Judge of the High Court of the Region or State

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) In the event the president of the State wishes to impeach the Chief Justice the High Court of Region or State, or the Chief Minister of Region or State wishes to impeach a Judge of the High Court of Region or State, he shall send the impeachment to the Region or State Hluttaw Okkahta

(c) Region or State Hluttaw shall form an inquiry committee and have it conduct inquiries in accord with law.

(d) The inquiry committee shall be formed with Region or State Hluttaw representatives, and a suitable one from among them shall be appointed chairman of the inquiry committee.

(e) The time allowed to conduct and complete the inquiry shall also be prescribed, with due consideration of the volume of work involved in the inquiry.

(f) The president of the State or the Chief Minister of Region or State may, in person or through a representative explain the impeachment before the inquiry committee, and has also the right to produce evidence and witnesses.

(g) The person impeached shall be given the right of self-defence, in person or through a representative, in the inquiry.

(h) The Okkahta of the Region or State Hluttaw shall report to the Region or State Hluttaw on the results of the investigation on the charge submitted to him by the investigation committee.

(i) If it is decided that the charge is correct and that the Chief Justice or judge of High Court of the region or State is not fit to continue in office, then it is to be supported by not less than two-thirds of the total membership of the Hluttaw of the Region or State and the Okkahta of the Hluttaw shall submit the matter to the President if it is the case of the Chief Justice of High Court of the Region or State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of the Region or State. The Chief Minister of the Region or State concerned, on receiving the report, shall submit it to the President.

(j) The President, on receiving the reports, shall order the removal from office of the Chief Justice or judge of the High Court of Region or State.

(k) If the Hluttaw of the Region or State concerned decides that the charge against the Chief Justice or judge of the High Court of Region or State has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President if it is the case of the Chief Justice of High Court of the Region or State and to the Chief Minister of the Region or State concerned if it is the case of the Judge of High Court of the Region or State.

13. In connection with impeachment of the Chief Justice or any of judges of High Court of Region or State,

(a) The Chief Justice or a judge of the High Court of Region or State shall be impeached for any of the following:

(1) treason;

(2) violation of any of the provisions of the Constitution;

(3) misconduct;

(4) being disqualified for the post of Chief Justice or judge of the High Court of Region or State as prescribed in the Constitution.

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If there arises a cause to impeach a Chief Justice or a judge of the High Court of a Region or State for any of the above offences, a proposal in writing signed by not less than one-fourth of the total membership of the Region or State Hluttaw shall be submitted to the Okkahta of the Hluttaw concerned.

(c) The Okkahta of the Hluttaw concerned shall cause the charge to be investigated by a committee. The term pending the completion of the investigation shall be determined depending on the magnitude of the charge.

(d) The Chief Justice or judge of the High Court of the Region or State who is charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute;

(e) The finding made by the investigation committee on the charge made by the Region or State Hluttaw against the Chief Justice or judge of the High Court of a Region or State shall be submitted to the Okkahta of the Hluttaw concerned. If a resolution is passed, supported by not less than two-thirds of the total membership of the Hluttaw concerned, deciding that the charge is such as to render the Chief Justice or judge of the High Court of the Region or State unfit to continue in office, the Okkahta of the Hluttaw shall submit the decision to the President if it is the case of the Chief Justice of the High Court of Region of State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of Region or State. The Chief Minister of the Region or State concerned, on receiving the report, shall submit it to the President.

(f) The President, on receiving the reports, shall order the removal from office of the Chief Justice or judge of the High Court of Region or State.

(g) If the Hluttaw of the Region or State concerned decides that the charge against the Chief Justice or Judge of the High Court of the Region or State has been refuted, the Okkahta of the Hluttaw concerned shall submit the decision to the President if it is the case of the Chief Justice of the High Court of Region or State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of Region or State.

The term of the Chief Justice or judges of the High Court of the Region or State

14. In connection with term of office of the Chief Justice or judges of the High Court of the Region or State,

- the Chief Justice or judges of the High Court of the Region or State shall have the right to serve till they are fully 65 years of age if there does not arise any of the following reasons:

(a) voluntary resignation;

(b) termination of service after impeachment in accordance with the provisions of the Constitution;

(c) becoming unfit to continue service for permanent disability due to physical or mental impairment as certified by the medical board prescribed by law;

(d) death.

15. In connection with the need for the Chief Justice or judges of the High Court of the Region or State to be free from party politics and to retire from civil service,

(a) the Chief Justice or judges of the High Court of the Region or State shall be free from party politics;

(b) the Chief Justice or judges of the High Court of the Region or State, if they happen to be civil servants, shall be considered as having retired from civil service in accordance with existing civil service regulations from the date they are appointed the Chief Justice or judges of the High Court of the Region or State.

16. In connection with responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State,

- Responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State shall be prescribed by law.

17. In connection with the status of the Chief Justice or judges of the High Court of the Region or State,

The Chief Justice of the High Court of the Region or State is prescribed to be of the same status as the Union Minister and the judge of the High Court of the Region or State is prescribed to be of the same status as Deputy Minister for the purpose of reference on prescribing by law responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State.

Courts under the supervision of the High Court of the Region or State

18. In connection with formation of various levels of courts under the supervision of the High Court of the Region or State:

Under the supervision of the High Court of the Region or State, there are the following levels of courts.

(a) if there is no self-administered areas in the Region or State,

(1) district courts,

(2) township courts;

(b) if there is self-administered area in the Region or State,

(1) in the self-administered division

(aa) court of the self-administered division,

(bb) township courts;

(2) in the self-administered zone

(aa) court of the self-administered zone,

(bb) township courts;

(3) in other areas

(aa) district courts.

(bb) township courts;

(4) in the Union territory

(1) district courts

(2) township courts

(d) other courts set up by law.

19. In connection with appointment of judges, giving them judicial powers, prescribing their duties, rights and privileges and formation of service organizations at these courts and their duties, rights and privileges:

(a) appointing judges at various levels of courts under the supervision of the High Court of the Region or State, giving them judicial powers and prescribing their duties, rights and privileges shall be in accord with law;

(b) forming service organizations comprising officers and other ranks at the Supreme Court of the Union, High Courts of Regions or States and other courts and prescribing duties, rights and privileges of service personnel in them shall be in accordance with law.

The President shall be responsible to the Pyidaungsu Hluttaw

Yangon, 31 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Sharing of the executive power in the chapter ?Executive' read out by U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties.

Sharing of the executive power

Powers and Functions of the President

1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of the Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with recommendation of the National Defence and Security Council.

4. The President shall

(a) confer honours and awards

(b) revoke titles, honours and awards.

5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the Nation Defence and Security Council to sever diplomatic relations with foreign nations, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.

6. The President of the Union, in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

(c) shall accept the letters of accreditation presented by foreign diplomats.

7. The President of the Union, in accord with law, shall appoint and dismiss heads of bodies of public services.

8. The President of the Union, in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw; and

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

9. The President of the Union shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.

11. (a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(b) If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.

(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation; it shall be submitted to the nearest session of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect.

12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

(c) declare war or make peace only with the assent of the Pyidaungsu Hluttaw.

13. The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the officials Gazette.

14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by this Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulation contained in this Constitution in connection with the impeachment made against him.

The executive powers of Union of the Union Government

1. Subject to the provisions of this Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

2. Subject to the provisions of this Constitution, the executive authority of the Union, shall be vested in the President; but nothing in his section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned of any other person in authority concerned by existing laws.

3. (a) All executive actions of the Union Government shall be expressed in the name of the President.

(b) Orders and 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. In addition, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it was not done by the President.

(c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be region-wise as well as subject-wise.

4. The Union Government upholds and maintains stability, peace, and the prevalence of law and order in the country.

5. The Union Government shall lay down its policies in accord with the stipulations contained in this Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.

6. Based on annual budgets of the Union, drawn after coordination with the Financial Commission, the Union Government shall draft the bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in the line with the stipulations contained in this Constitution for approval.

7. The Union Government shall have the right to use the funds within the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year.

8. The Union Government shall submit the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within the framework of the provisions of this Constitution, and shall submit it to the Pyidaungsu Hluttaw.

9. The ministries of the Union Government shall manage, guide and supervise their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of this Constitution and the existing laws.

10. The Union Government cooperates and coordinates with the region government, the state government, and the self-administered area leading body to enable them to effectively and successfully carry out their tasks.

11. The Union Government, save constitutional disputes and the disputes over the re-delineation of territorial boundary, shall 

(a) cooperate, coordinate and make decisions if necessary on disputes over administration between regions and states; among regions; among states; between regions or states and self-administered areas; and among self-administered areas; and

(b) cooperate, coordinate and solve the disputes over administration between regions or states and Union territories and between self-administered areas and Union territories; and make decisions if necessary.

12. The Union Government, in accordance with law, shall 

(a) constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

13. The Union Government shall 

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.

Executive power of the region or state government

1. Subject to the provisions of this Constitution, the executive power of the region or state government extends to the matters with respect to which the region or state Hluttaw has power to make laws. Moreover, in such manner, the executive power of the region or state government also extends to the matters with respect to which the region or state government has been allowed to carry out in accord with any of the Union laws.

2. The resign and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law.

3. Subject to the policies adopted by the Union Government and Union laws, the region or state governments shall implement the projects in connection with the task to be implemented in the respective regions or states with the approval of the region or states hluttaw.

4. Region or State governments shall submit to the respective Hluttaws of the Regions and States the budget bill of the Regions and States concerned based on the annual budget of the Union Government on accord with the provisions in this Constitution.

5. If the Region or State Hluttaw cannot pass the bill on the budget of the region or state submitted by the region or state government concerned, the said region or state government shall have the right to use the funds of the current expenditure included in the last-enacted budget law of the region or state hluttaw.

6. In accordance with the provisions of Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.

7. The region or state government shall

(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of this Constitution, or with those of the existing laws.

(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.

8. To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall

(a) establish civil service organizations of region or state as necessary;

(b) appoint the required number of civilian staff.

9. The region or state government shall

(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.

(b) submit the report on the entire affairs of its area to the Union government and to the Region or State Hluttaw concerned.

10. The region or state government shall implement the tasks occasionally assigned by the Union government.

Executive power of leading body of self-administered divisions and self-administered zones

1. Subject to provisions of the Constitution, the self-administrative power of the self-administered division and self-administered zone leading bodies extends to the following matters:

(a) with respect to which the self-administered division and self-administered zone leading bodies has power to make laws;

(b) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and

(c) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the respective Region or State Hluttaws.

2. Self-administered division or self-administered zone leading body has the duty to help the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law.

3. The self-administered division or the self-administered zone leading bodies shall

(a) subject to the policies of the Union Government, draw work programmes for development of their territory and shall coordinate the matter with the respective region government or state government;

(b) draw annual budgets and coordinate with the region or state government concerned in accord with the provisions of the Constitution for approval;

(c) have the right to use the allotted budget funds included in the budget law of the region or state concerned;

(d) use the fund of the current expenditure permitted within the last-enacted budget law of the hluttaw of the region or state concerned if they cannot obtain the budget allotment in time due to region or state hluttaw's failure to enact the budget law in time.

4. Self-administered division and self-administered zone leading bodies shall, in accord with the law, supervise and coordinate the functions of civil service organizations discharging duties in their territory.

5. The self-administered division and self-administered zone leading bodies shall submit reports stating the general situation of the territory to the Union Government and the region or state government concerned.

6. The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.

State Service personnel

1. State service personnel shall be free from party politics.

2. Matters as to the appointment of employees, promotion, retirement, the enforcement of rules, the designation of service rules, and taking of action against service personnel shall be in accordance with law.

3. As to occupational security for State service personnel; the sufficiency of food, clothing and shelter needs; maternal rights for married women service personnel; and the provision of food, clothing and shelter assistance to the retired, necessary laws shall be enacted.

4. Given the unusual nature of the responsibility of the Tatmadaw members, who are State service personnel, they shall be dealt with according to military laws.

5. Given the unusual nature of the responsibility of Myanmar Police Force members, who are State service personnel, separate laws shall be enacted for them.?

Presentation on fundamental principles and detailed basic principles to be published

Yangon, 31, Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. Presentation on detailed basic principles regarding sharing of the judicial power in the chapter Judiciary', and the chapters the Tatmadaw, Citizenship, Fundamental Rights and Duties of Citizens' read out by U Maung Hla (a) U Hla Myint of Delegate Group of National Races, detailed basic principles regarding the chapters Election' and Political Parties' read out by U Kan Nyunt of Delegate Group of Peasants, detailed basic principles regarding the chapters Provisions on State of Emergency', Amendment of the Constitution' and State Flag, State Seal, National Anthem and the Capital' read out by U Kyaw Win Tun of Delegate Group of Workers and detailed basic principles regarding the chapters Transitory Provisions' and General Provisions' read out by Dr Maung Maung Wint of the Delegate Group of Intellectuals and Intelligentsia will be published in the dailies.