
National Convention continues Fundamental Principles and Detailed
Basic Principles adopted by NC read out
Yangon, 27 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.
Present on the occasion were members of
the National Convention Convening Commission, members of the National
Convention Convening Work Committee, members of the National Convention
Convening Management Committee, 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, 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, Shwepyiaye (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 Kan Nyunt of
Delegate Group of Peasants 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 Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung
Wint of Delegate Group of Intellectuals and Intelligentsia, U Tin Kha of
Delegate Group of State Service Personnel 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 1054
out of 1071 delegates were in attendance, accounting for 98.41 per cent.
First, Chairman of the Plenary Session of the National Convention U Kan Nyunt
of Delegate Group of Peasants made a speech.
Next, the Panel of Chairmen presented
the Fundamental Principles and Detailed Basic Principles adopted by National
Convention. First, Member of the Panel of Chairmen of the Plenary Session of
the National Convention U Myo Thant (Maung Hsu Shin) of the National
Convention Convening Work Committee read out the ?State Fundamental
Principles'.
(The presentation is reported
separately.)
Next, Member of the Panel of Chairmen
of the Plenary Session of the National Convention U Saw Philip (a) U Philip
Sam of the Delegate Group of Political Parties read out ?The State Structure'
and ?The Head of State'. The Plenary Session of the National Convention took a
break at 9.55 am.
(The presentation is reported
separately.)
When the Plenary Session of the
National Convention resumed at 10.10 am, Members of the Panel of Chairmen U
Maung Gyi of Delegate Group of Representative-elect read out Formation of
Legislature of the Chapter Legislature' and U Maung Hla (a) U Hla Myint read
out Formation of Legislature of the Chapter Legislature' and Sharing of
Legislative Power and the Plenary Session of the National Convention was
adjourned at 11.10 am.
(The presentation will be reported.)
The Plenary Session of the National
Convention continues at 9 am tomorrow at the Pyidaungsu Hall.
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Nay Pyi Taw, that is the Capital of the Union, is designated as
Union territory placed under direct administration of the President of the
Union
Yangon, 27 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 "The State Structure" and The Head of
State read out by Member of the Panel of Chairmen of the Plenary Session of
the National Convention U Saw Philip (a) U Philip Sam of Delegate Group of
Political Parties.
Chapter (II)
The State Structure
(1) The State is constituted by
Pyidaungsu (Union) system.
(2) The State is delineated and
constituted with the seven regions and seven states as follows:
- Kachin State
- Kayah State
- Kayin State
- Chin State
- Sagaing Region
- Taninthayi Region
- Bago Region
- Magway Region
- Mandalay Region
- Mon State
- Rakhine State
- Yangon Region
- Shan State
- Ayeyawady Region
- Union territories.
(3) Regions and States are of equal
status and authority.
(4) If it is desired to change the name
of a region or a state, it shall be done so with enactment of law after
ascertaining wishes of the citizens who have the right to vote and are
residing in the region or state concerned.
(5) Designation of Union territories
(a) Nay Pyi Taw, that is the Capital of
the Union, is designated as Union territory placed under direct administration
of the President of the Union,
(b) if the need arises to designate
areas that have special situation in connection with national defence'
security, administration and economy etc. as Union territories they may be so
designated as Union territories after enacting laws.
(6) Constituting the Union
- Villages are organized into village
-tract,
- wards are organized into town or
township,
- village-tracts and wards or towns are
organized into township,
- townships are organized into
district,
- districts are organized into region
or state,
- in a self-administered zone townships
therein are organized into the self-administered zone,
- in a self-administered division
townships therein are organized into district and districts are organized into
the self-administered division,
- if there be self- administered
division or self-administered zone in a region or a state, the sell
administered division, self- administered zone an. districts are organized
into region or state,
- regions, states and Union territories
are organized as the Union.
(7) No part of the territory of the
Union, namely regions, states and self- administered areas etc. shall ever
secede from the Union.
(8) Re-delineation of the territorial
boundary of the Union
(a) If the need arises to re-delineate
the territorial boundary of the Union, the President of the Union shall first
inform the leader of the Pyidaungsu Hluttaw and ask him to seek the opinion of
the Pyidaungsu Hluttaw,
(b) The leader of the Pyidaungsu
Hluttaw, after receiving the intimation of the President of the Union on
re-delineation of the territorial boundary of the Union, shall seek the
opinions of the Hluttaw representatives as follows:
(1) assenting votes of more than half
the total number of representatives included in the Hluttaw with equal numbers
of representatives elected from regions and states,
(2) assenting votes of more than half
the total number of representatives included in the Hluttaw elected on the
basis of population,
(3) assenting votes of more than half
the number of representatives from the region or state involving the boundary
concerned in the two Hluttaws,
(c) the leader of the Pyidaungsu
Hluttaw, after obtaining the assenting votes as mentioned above, shall inform
the President of the Union for re-delineate the territorial boundary of the
Union,
(d) If any Hluttaw or representatives
from the region state involving the boundary concerned in the two Hluttaws,
following the methods mentioned above, dissent in connection with the
re-delineation of the territorial boundary of the Union, action shall be taken
after obtaining the opinion of the Pyidaungsu Hluttaw. If three-fourths and
upwards of the tot number of the Pyidaungsu Hluttaw representative assent, the
leader of the Pyidaungsu Hluttaw shall inform the President of the Union for
the re-delineation of the territorial boundary of the Union as necessary,
(e) the President of the Union shall
take necessary measures for re-delineation of the territorial boundary of the
Union after obtaining the opinions of the Pyidaungsu Hluttaw.
(9) Re-delineation of the territorial
boundaries of a region or a state
(a) If there arises cause to
re-delineate the boundary of a region or a state, first of all the wishes of
per-sons with voting rights residing in the township involved in. the
re-delineation of the boundary shall be sough,
(b) re-delineation of the territorial
boundary shall not be effected at all without supporting vote of more than
half the total number of eligible voters residing in the township involved in
the re-delineation of the boundary.
(c) It more than hall the total number
of eligible voters in the township concerned vote m support at the
re-delineation of the boundary, the wishes of the involved region or stale
Hluttaw representatives stall be sought.
(d) the President of the Union. with
the or the Pyidaungsu Hluttaw shall redelineate the territorial boundary of a
region or a stale. abet getting the supporting vole of three-fourths and
upwards of the total number of involved region or state Hluttaw
representatives,
(e) the decision of the Pyidaungsu
Hluttaw shall be sought it an invoked region or stale Hluttaw passes a
decision against re-delineation of the boundary.
(f) the President of the Union shall
re-delineate the boundary of the region or state as necessary if it supported
by three-fourths and upwards of the total number of representatives in the
Pyidaungsu Hluttaw.
(10) Re-delineation of the boundary,
organization and change of name of a village, village-tract, ward, town,
township and district in a region, state, all-administered division or
self-administered zone
- If occasion arises to hake changes in
the boundary, organisation or name of a village, village-tract, ward, town,
township or district in a region. state, self-administered division or
self-administered zone, the region or slate executive authority concerned
shall submit recommendations to the President of the Union and the President
of the Union shall then act accordingly.
(11) Change of name of a
self-administered division or self-administered zone
- If it is desired to change the name
of a self-administered division or self-administered zone, the same method
shall be applied with the case of a change of the name of the region or state.
(12) In connection with prescribing of
self-administered division or self-administered zone in accord with these
basic principles, the following detailed basic principles are laid down:
(a) to group together Leshi, Lahe and
Namyun Townships in Sagaing Division and prescribe it Naga Self-Administered
Zone;
(b) to group together Ywangan and
Pindaya Townships in Shan State and prescribe it Danu Self-Administered Zone;
(c) to group together Hopong, Hsihseng
and Pinlaung Town-ships in Shan State and prescribe it Pa-O Self-Administered
Zone;
(d) to group together Namhsan and
Manton Townships in Shan State and prescribe it Palaung Self-Administered
Zone;
(e) to group together Konkyan and
Laukkai Townships in Shan State and prescribe it Kokang Self- Administered
Zone;
(f) to group together Hopang, Mongmao,
Panwai, Nahpam, Pangsang (Pankham) and Metman townships in Shan State and
prescribe it Wa Self- Administered Division;
Chapter (III)
The Head of State
(1) The Head of State is the President
of the Union,
(2) The President of the Union
represents the nation,
(3) The President of the Union occupies
a position of the highest honour in the whole of the Union of Myanmar,
(4) Qualifications of the President and
Vice-Presidents
(a) The President of the Union shall be
loyal to the Union and the citizenry,
(b) The President of the Union must be
a citizen of Myanmar who was, and both of whose parents were, born in the
territory under the jurisdiction of the State, belonging to the nationality of
Myanmar,
(c) The elected President of the Union
shall be a person who has fully attained the age of 45.
(d) The President of the Union shall be
well acquainted with affairs of State such as political, administrative,
economic and military affairs,
(e) The President of the Union shall be
a person who has been residing continuously in the country for at least 20
years up to the time of the election,
(f) The President of the Union himself,
parents, spouse, children and their spouses shall not owe allegiance to a
foreign power, shall not be subject of a foreign power or citizen of a foreign
country. They shall not be persons entitled to the rights and privileges of a
subject or citizen of a foreign country,
(g) The President of the Union shall
possess specific qualifications required of the President in addition to
qualifications required to stand for election to the Hluttaw.
(h) The Vice-Presidents shall possess
qualifications required of the President.
(5) Election of the President and
Vice-Presidents
(a) The president of the Union shall be
elected by the presidential electoral college.
(b) The presidential electoral college
shall be organizes with three groups of the Pyidaungsu Hluttaw representatives
as follows :
(1) Group formed with elected Hluttaw
represents live in the Hluttaw with equal numbers of representatives elected
from regions and states.
(2) Group formed with elected Hluttaw
represents Lives in the Hluttaw elected on the basis of population and
tawnship.
(3) Group formed with Tatmadaw member
Hluttaw representatives nominated as such by the Commander- in- Chief of the
Defence Services for the said two Hluttaws.
(c) Each group shall elect a
Vice-President from among Hluttaw representatives or from among persons who .
are not Hluttaw representatives,
(d) A body comprising trio leaders and
deputy leaders of the Pyidaungsu Hluttaw and the two Hluttaws of the
Pyidaungsu Hluttaw shall scrutinize whether Or not the Vice-Presidents possess
the qualification prescribed for the President,
(e) The presidential electoral college
made up of all the Pyidaungsu Hluttaw representatives shall elect by vote one
of the three Vice-Presidents who are presidential candidates, as the President
of the Union;
(f) Law shall be enacted as required
for presidential election.
(6) Term of office of the President or
the Vice-Presidents -
(a) The term of office of the president
or the Vice -Presidents is five years,
(b) After expiry of incumbent term, the
President and the Vice- Presidents shall carry on in office till the time the
new President and Vice- Presidents are duly elected,
(c) The President and the
Vice-Presidents shall not serve more than two terms,
(d) An interim period to serve as the
President or the Vice- President shall not be counted as one term of office,
(e) If a vacancy is filled for the
presidency or Vice-Presidency for any reason, the term of office of the
President or the Vice-President shall be up to the end of the original term of
office.
(7) The President or the
Vice-Presidents shall not be representatives of any Hluttaw.
(8) If a Hluttaw representative be
elected President or Vice-President, this person shall be deemed to have
resigned from his seat in the Hluttaw, and if a service personnel be elected
President or Vice- President, the person shall be deemed to have resigned or
retired from the date of such election.
(9) If a person elected President or
Vice-President happens to be member of a political party, this person shall
not participate in party activities of that party organization, from the date
of such election, during the term of office.
(10) In taking oath of office by the
President and the Vice Presidents, the following points are to be included:
- to be loyal to the Union of Myanmar
and the citizenry,
- to hold always in esteem
non-disintegration of the Union. non-disintegration of national solidarity
aril perpetuation at sovereignty,
- to uphold and abide by the State
Constitution and to abide by laws of the State.
- to carry out the responsibilities
uprightly to the best of ones ability.
- to strive for further flourishing of
worldly values such as justice. liberty and equality,
- to solemnly declare and pledge
dedication of life and poison to the service of the Union of Myanmar
(11)The President or the
Vice-Presidents shall exercise responsibilities and rights assigned and vested
by the constitution and other laws.
(12) The President and the
Vice-Presidents shall not accept any other office or position of emolument.
(13) The President and the
Vice-Presidents shall furnish lists of assets namely family owned land,
houses, buildings, businesses savings and other valuables slating then values
belonging to the respective families led by theft and send them to the leader
of the Pyidaungsu Hluttaw.
(14) The President and the
Vice-Presidents shall be entitled to enjoy the emolument and facilities of
office in accord with law. Each shall also be entitled to have a suitable
residence.
(15) Except in the case of removal from
office following impeachment, the President and the Vice- Presidents shall
enjoy pension and appropriate allowances on retirement after expiry of the
term of office.
(16) Impeachment of the President or
the Vice-President
(a) The President or any Vice-President
shall be impeached for one of the following reasons:
(1) treason,
(2) violation atlas provisions in the
Constitution.
(3) misconduct,
(4) being disqualified for the
Presidency or Vice-Presidency under the Constitution,
(5) inefficient discharge of duties
assigned to him in accord with the law.
(b) If it is desired to impeach the
President or any Vice-President, not less than one fourth of the total
membership of any of the two Hluttaws included in the Pyidaungsu Hluttaw is to
sign a charge and submit it to the leader of the Hluttaw concerned,
(c) Further action shall be taken it
not less than two-thirds of the total membership of the Hluttaw concerned
support the charge,
(d) If one Hluttaw supports to take
action in connection with the charge, the other Hluttaw shall investigate the
charge or form a body to investigate the charge,
(e) The President or the Vice-President
shall have the right to refute the charge personally or through a
representative when it is investigated,
(f) If not less than two-thirds of the
total membership of the Hluttaw by which the charge was investigated or caused
to be investigated declares after the investigation that the charge has been
sustained and than decides that the offence, the subject of the charge, is
such as to render the President or the Vice-President unfit to continue in
office, that Hluttaw shall submit it to the leader of the Pyidaungsu Hluttaw
to remove the President or Vice-President from office,
(g) The leader of the Pyidaungsu
Hluttaw shall proclaim removal of the President or Vice-President immediately
after the receipt of the intimation.
(17) The President or Vice-President
shall be allowed to resign from office of his own volition before the expiry
of the term of office.
(18) In connection with the methods to
be applied If the post of the President or Vice-President falls vacant
(a) one of the Vice-Presidents who has
won the second highest votes in the presidential election shall serve as
Acting President if the post of the President falls vacant due to his
resignation, death, permanent disability or any other cause.
(b) a vacancy of the President comes
about while the Pyidaungsu Hluttaw is in session, the Acting President shall
promptly inform the leader of the Pyidaungsu Hluttaw for filling it within
seven days.
(c) on receipt of the intimation, the
leader of the Pyidaungsu Hluttaw shall move for electing of a Vice-President
by the representatives group which had elected the Vice-President who later
got elected President but now vacated the presidency,
(d) after the representatives group
concerned has elected a Vice- President, the electoral college made up of all
the Pyidaungsu Hluttaw representatives shall elect the President of the Union
out of three Vice-Presidents,
(e) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session, the leader of the Pyidaungsu Hluttaw
shall summon a Pyidaungsu Hluttaw session within 21 days from the date of
receipt of the intimation from the Acting President and carry on for filing
the vacant presidency in the way stated above.
(f) if the post of a Vice-President
falls vacant due to resignation. death, permanent disability or any other
cause while the Pyidaungsu Hluttaw is in session, the President shall promptly
inform the leader of the Pyidaungsu Hluttaw to enable the Hluttaw
representatives group which has elected the just vacated Vice-President to
elect a new Vice-President within seven days.
(g) if the vacancy comes about when the
Pyidaungsu Hluttaw is not in session the leader of the Pyidaungsu Hluttaw
shall summon the Pyidaungsu Hluttaw session within 21 days, and carry on for
filling the Vice-Presidency by the Hluttaw representatives group in the
prescribed method.
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Myanmar Naing-Ngan is a sovereign, independent nation
Yangon, 27 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 the State Fundamental Principles' read out by
Member of the Panel of Chairmen of the Plenary Session of the National
Convention U Myo Thant (Maung Hsu Shin) of the National Convention Convening
Work Committee.
Chapter (I)
State Fundamental Principles
(1) In connection with the State, it is
laid down that -
(a) Myanmar Naing-Ngan is a sovereign,
independent nation;
(b) the State shall be known as
Pyidaungsu Thamada Myanmar Naing-Ngan Daw;
(c) The State is a nation wherein
various national races make their homes together.
(d) sovereign power of the State is
derived from the citizens and is in force in the whole country;
(e) the territorial boundary of the
State is as it is on the day this State Constitution comes into force.
(2) In connection with the aims and
objectives of the State, it is laid down that the State is consistently aimed
at -
(a) non-disintegration of the Union,
(b) non-disintegration of national
solidarity,
(c) perpetuation of sovereignty,
(d) flourishing of a
discipline-flourishing genuine multiparty democracy
(e) further burgeoning of the noblest
and worthiest of worldly values namely justice, liberty and equality in the
State,
(f) for the Tatmadaw to be able to
participate in the national political leadership role of the State.
(3) In connection with multiparty
democracy, it is stipulated that -
- the State practises
discipline-flourishing genuine multiparty democracy.
(4) In connection with State structure,
it is laid down that
(a) the Union is constituted by
Pyidaungsu (Union) systems;
(b) the existing seven divisions are
designated seven regions and the existing seven states are designated seven
states. Those seven regions and seven states are of equal status and
authority;
(c) the names of those seven regions
and seven states are retained as they are at present;
(d) if it is desired to change the name
of a region or a state, it shall be done so with enactment of law after
ascertaining the wishes of citizens residing in the region or state concerned;
(e) in regions or states, self-
administered areas are to be prescribed for national races who reside together
in communities on the same common stretches of land in appropriate sizes of
population, other than national races who have already got regions or states;
(5) In connection with separation and
distribution of sovereign State power, it is laid down that
(a) the three branches of State power,
namely legislative power, executive power and judicial power are separated as
much as possible and exert reciprocal control, check and balance among
themselves;
(b) the three branches of State power,
so separated are distributed among Pyidaungsu (Union), regions, states and
self- administered areas.
(6) In connection with legislature, it
is laid down that
(a) the legislative power of the State
is distributed among Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws.
legislative power stipulated by the State Constitution shall be distributed to
self- administered areas;
(b) Pyidaungsu Hluttaw consists of two
Hluttaws- one Hluttaw elected on the basis of township as well as on the basis
of population and the other one with equal number of representatives elected
from regions and states;
(c) there will be a Region Hluttaw in
each of the seven regions and a State Hluttaw in each of the seven states;
(d) Pyidaungsu Hluttaw, Region Hluttaws
and State Hluttaws include Tatmadaw servicemen Hluttaw representatives
nominated as such by the Defence Services Commander-in-Chief in numbers
stipulated by the State Constitution;
(e) for national races with appropriate
sizes of population, national race representatives are to be permitted to
participate in legislatures of regions, states or self-administered areas
concerned.
(7) In connection with executive
branch, it is laid down that
(a) the head of executive of the State
is the President of the State;
(b) the executive power of the State is
distributed among the administrative organs of Pyidaungsu, regions and states;
self- administrative power shall be distributed to self-administered areas as
stipulated by the State Constitution;
(c) Pyidaungsu, regions, states,
self-administered areas and district' executive organs include Tatmadaw
servicemen nominated by Deform Services Commander-in-Chief to undertake
responsibilities of the defence, security, border administration etc.
(d) for national races of which
representatives are so permitted to participate in legislatures of regions,
states or self-administered areas in accord with above paragraph (6)
sub-paragraph (e), representatives are to be permitted to participate, mainly
to undertake their national race affairs, in administration of respective
region, state or self-administered area:
(8) In connection with the judiciary It
is laid down that
(a) the judicial power of the State is
distributed among Supreme Court of the Union (Supreme Court), Region Taya
Hluttaw (Region High Court), State Taya Hluttaw (State High Court) and law
courts of different levels including law courts of self-administered areas:
(b) in the Pyidaungsu is constituted
one Supreme Court of the Union. Supreme Court of the Union is the supreme law
court of the State;
(c) Supreme Court of the Union has
powers to issue writs;
(d) a Region Taya Hluttaw is
constituted in each of the regions and a State Taya Hluttaw is constituted in
each of the states;
(e) the following are stipulated as
judicial principles
- independent administration of justice
in accord with law;
- administration of justice in public
except where restricted by law;
- giving of right of defence and right
of appeal by law in cases.
(9) In connection with the Tatmadaw, it
is laid down that
(a) the Tatmadaw is strong, modern and
must be the sole existing Tatmadaw;
(b) the Tatmadaw has the right to
independently administer all affairs concerning the forces;
(c) the Defence Services
Commander-in-Chief is the Supreme Commander of all armed forces;
(d) the Tatmadaw has the right to
administer for participation of the entire people in State security and
defence;
(e) the Tatmadaw is mainly responsible
for safeguarding non-disintegration of the Union, non-disintegration of
national solidarity and perpetuation of sovereignty;
(f) the Tatmadaw is mainly responsible
for safeguarding the State Constitution.
(10) In connection with citizens and
citizens' fundamental rights and responsibilities, it is laid down that -
(a) every citizen shall enjoy rights of
equality, rights of liberty and rights of justice etc. as prescribed in the
State Constitution;
(b) there shall be no right to hold a
citizen in detention for more than 24 hours without the permission of a law
court;
(c) public peace and tranquillity and
prevalence of law and order is the responsibility of every citizen;
(d) necessary law shall be enacted to
make citizens' freedoms, rights, benefits, responsibilities and restrictions
effective, firm and complete.
(11) In connection with the national
races, it is laid down that
(a) the State shall help develop
language, literature, fine arts and culture of the national races;
(b) the State shall help promote
solidarity, mutual amity, and respect and mutual help among the national
races;
(c) the State shall help promote
socio-economic development including education, health, economy, transport and
communications of less developed national races.
(12) In connection with the peasantry,
it is laid down that-
(a) the Stale shall enact necessary law
to protect the rights of the peasantry:
(b) the State shall help the peasantry
get equitable value for their agricultural produce.
(13) In connection with workers, it is
laid down that -
- the Slate shall enact necessary laws
to protect the rights of workers.
(14) In connection with Intellectuals
and intelligentsia, it is laid down that -
- the stale shall help promote the
interests of the intellectuals and intelligentsia.
(15) In connection with the State
service personnel, it is laid down that
(a) Stale service personnel shall be
free from party politics;
(b) the State shall enact necessary
laws far State service personnel to have due security in service and
sufficiency of food. clothing and shelter, tot married women in service to get
maternity benefits, and for welfare to ease livelihood of persons who have
retired from service.
(16) In connection with national
culture, it is laid down that-
- the State shall help for development,
consolidation and preservation of national culture.
(17) In connection with education and
health, it is laid down that -
(a) The State shall earnestly strive to
improve education and health of the people;
(b) the State shall enact necessary law
to enable the national people to participate in matters of education and
health of the people;
(c) the State shall implement free
compulsory primary education system,
(d) the State shall implement a modern
education system that will promote all- around correct thoughts and good
morals and contribute towards building of the nation.
(18) In connection with agriculture, it
is laid down that -
- the State shall provide inputs such
as technology investments, machinery, raw materials etc. as much as it can for
changeover from manual to mechanize agriculture.
(19) In connection with industry, it is
laid down that
- the State shall provide inputs such
as technology investments, machinery, raw materials etc. as much as it can for
development of industries.
(20) In connection with employment, it
is laid down that -
- the State shall, as much as it can,
help reduce unemployment among the people.
(21) In connection with mothers,
children, the old and the infirm, it is laid down that
(a) the State shall care for mothers
and children, orphans, fallen Tatmadaw servicemen's children, the old an the
infirm, and the disabled;
(b) the State shall arrange for
disabled Tatmadaw servicemen to be able to make a respectable livelihood and
get free vocational training.
(22) In connection with the youths, it
is laid down that
- the State shall strive to imbue
youths with strong and dynamic patriotic spirit, correct way of thinking and
the five noble strengths.
(23) In connection with religion, it is
laid down that
(a) every citizen is equally entitled
to freedom of con-science and the right freely to profess and practise
religion subject to public order, morality or health and to the other
provisions of the State Constitution.
(24) In connection with the economy, it
is laid down that
(a) the State economic system shall be
market economic system;
(b) the State permits all economic
forces such as the State itself, regional organizations, cooperative
organizations, joint-venture organizations and private concerns etc. to take
part in economic activities for the development of national economy;
(c) the State shall prevent acts that
harm public interests through monopolization or manipulation of prices by an
individual or group with intent to jeopardize fair competition in economic
activities;
(d) the State shall strive towards
uplift of living standard of the people and development of general
investments;
(e) the State will not nationalize
economic enterprises;
(f) the State will not demonetize the
currency that is legally put into circulation.
(25) In connection with the land, the
waters, the atmosphere and natural resources, it is laid down that.
(a) the State is the ultimate owner of
all the land, and natural resources above and below the ground, above and
beneath the water and in the atmosphere within its territorial boundary;
(b) the State shall enact necessary law
to supervise economic forces' extraction and utilization of State owned
natural resources;
(c) the State shall permit citizens
right of private property, right of inheritance, right of private enterprise,
right of initiative and right of patent in accord with law.
(26) In connection with elections, it
is laid down that
(a) ever citizen shall have the right
to vote and to stand for election according to law;
(b) voters concerned shall have the
right, in accord wit,' provisions of the State Constitution, to recall elected
people's representatives.
(27) In connection with political
parties, it is laid down that
- the State shall enact necessary law
for systematic formation of political parties for flourishing
discipline-flourishing genuine multiparty democracy.
(28) In connection with state of
emergency, it is laid down that
(a) when there arises a state of
emergency characterized by inability to perform executive functions in accord
with provisions of the State Constitution in a region or a state or a self-
administered area, the President of the State is empowered to exercise
executive power in that region, state or self- administered area and if
necessary in doing so, the President of the State is empowered to exercise
legislative powers concerning that region, state or self- ad-ministered area
in accord with provisions of the State Constitution;
(b) when there arises or there is
sufficient reason to arise a state of emergency endangering life and property
of the people in a region, a state or a self- administered area, the Tatmadaw
has the right, in accord with provisions of the State Constitution, to prompt
that danger and provide protection;
(c) when there arises a state of
emergency that could cause disintegration of the Union, disintegration of
national solidarity and loss of national sovereignty, due to take over of
sovereign State power or attempts therefor by wrongful forcible means such as
insurgency or violence, the Defence Services Commander- in-Chief has the right
to take over and exercise State power in accord With provisions of the State
Constitution.
(29) In connection with foreign
affairs, it is laid down that
(a) the State practises independent,
active and non-aligned foreign policy, aims at world peace and friendly
relations with nations, and upholds the principles of peaceful co- existence
among nations:
(b) the Stale never starts aggression
against ant nation;
(c) no forcing troops are permitted to
be deployed within the borders of the Union.
(30) In connection with punishments, it
is laid down that-
(a) there is no right for any penal law
to provide for retrospective effect;
(b) there is no right to prescribe
punishments that violate human dignity.
(31) In connection with the natural
environment, It is laid down that
- the slate shall protect the natural
environment.
(32) In connection with general
provisions, it is laid down that
- a Constitutional Tribunal shall be
sat up to interpret provisions of the Stale Constitution; to scrutinize
whether or not laws enacted by Pyidaungsu Hluttaw, Region Hluttaws and State
Hluttaws and functions of executive authorities of Pyidaungsu, regions, stated
and self- administered areas are in conformity with the State Constitution to
decide on disputes in connection with the State Constitution between
Pyidaungsu and regions, between Pyidaungsu and states, between regions and
states, among regions and states and between regions or states and
sell-administered areas and among self-administered areas themselves to
perform other duties prescribed in the State Constitution.
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