The Supreme Court of the Union shall have the exclusive original jurisdiction in all matters arising under any treaty made by the Union

Yangon, 1 Sept - 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 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.

The sharing of the judicial power

Exclusive original jurisdiction of the Supreme Court of the Union

1. (a) The Supreme Court of the Union shall have the exclusive original jurisdiction

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

(2) the disputes, other than the constitutional disputes, between the Union Government and region or state governments,

(3) the disputes, other than the constitutional disputes, among the regions, among the states, between regions and states, between Union territories and regions or states,

4. other matters prescribed by any laws

(b) as the Supreme Court of the Union is the highest court of the Union, it is also the final court of appeal

(c) as the judgements passed by the Supreme Court of the Union are final and conclusive, no right of appeal shall be permitted

(d) The Supreme Court of the Union, subject to any provisions of this Constitution or any provisions of other laws, shall have appellate jurisdiction to decide on the judgments passed by the region or state high courts. The Supreme Court of the Union shall also have the appellate jurisdiction to decide on, according to the law, the judgments passed by the other courts.

(e) The Supreme Court of the Union shall have the revisional jurisdiction in accordance with law.

2. (a) The Supreme Court of the Union has the power to issue the following writs:

(1) Writ of habeas corpus

(2) Writ of mandamus

(3) Writ of prohibition

(4) Writ of quo warranto

(5) Writ of certiorari

(b) The application to issue writs shall be suspended in the areas where the state of emergency is declared.

Jurisdiction of the courts of Region or State

3. The courts of regions or states are vested with the following jurisdiction in accordance with law:

(a) adjudicating on original case

(b) adjudicating on appeal case

(c) adjudicating on revision case

(d) adjudicating on matters vested by any law

4. (a) With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

(b) In case any area located in regions or states is designated to be a Union territory, the region or state high court concerned with regard to the judicial matter is the high court of the courts situated in the said Union territory.

Jurisdiction of courts at various levels

5. District courts, self-administered division courts and self-administered area courts have the jurisdiction with regard to original criminal cases, original civil cases, or appeal cases and revision cases, or the matters vested by any law.

6. Township courts have the jurisdiction with regard to original criminal cases, original civil cases, or the matters vested by any law.

7. The judges appointed in accordance with law are to take charge of the entire judicial affairs on the Union at the courts formed according to this Constitution or any of other laws.

8. The Supreme Court of the Union shall submit judiciary budget to the Union government to express them in the Bill of the Annual Union Budget in accordance with the provisions embodies in this Constitution.

9. The Chief Justice of the Union shall have the right to submit the important judiciary condition concerning the State or the public in writing to the session of the Pyidaungsu Hluttaw, or the session or the Pyithu Hluttaw or the Amyotha Hluttaw on an occasional basis.

Chapter (VII)

The Tatmadaw

1. The Tatmadaw is the sole existing Tatmadaw which is strong and modern.

2. The Tatmadaw is mainly responsible for safeguarding the State Constitution.

3. The Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

4. The Tatmadaw must play a leading role in safeguarding the Union of Myanmar against all internal and external dangers. The Tatmadaw is the core armed forces for national defence.

5. With the approval of National Defence and Security Council, the Tatmadaw has the right to administer for participation of the entire people in the State security and defence. The people's militia strategy shall be formed with Tatmadaw's leadership.

6. All the armed forces in the nation shall be under the command of the Tatmadaw.

7. The Defence Services Commander-in-Chief is the Supreme Commander of all armed forces.

8. As a reference in designating the official position of the Commander-in-Chief, the Commander-in-Chief is designated as the Vice-President level.

9. The President shall appoint the Commander-in-Chief of the Deference Services with the proposal and approval of the National Defence and Security Council.

10. The Tatmadaw has the right to independently administer all affairs concerning the armed forces.

11. Military justice for members of the Tatmadaw may be administered according to law by a panel or by a judge.

12. The decision of the Commander-in-Chief of the Defence Services is final in military justice.

13. A law shall be promulgated to provide assistance and care for families of the disabled or fallen Tatmadaw members.

14. The Tatmadaw must render assistance to the people in case of the occurrence of a calamity in the nation that affects the nation and the people.

Chapter VIII

Citizenship, Fundamental Rights and Duties of Citizens

1. All persons who have either one of the following requirements are citizens of the Union of Myanmar:

(a) All persons born of parents both of whom are nationals of the Union of Myanmar.

(b) Persons who are vested with citizenship according to the existing laws on the date this Constitution comes into force.

2. Citizenship, naturalization and revocation of citizenship shall be as prescribed by the law.

3. The State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection.

4. The State shall not discriminate against or in favour of any citizen based on race, birth, religion, official position, status, culture, sex and wealth.

5. Citizens shall enjoy equal rights in the following areas:

(a) civil service;

(b) occupation;

(c) trade;

(d) business;

(e) technical know-how and profession;

(f) exploration of science and technology.

6. Women shall be entitled to the same rights and salaries as that received by men in respect of similar work.

7. Mothers, children and expectant women shall enjoy rights as prescribed by law.

8. The State shall, in appointing or assigning duties, not discriminate against or in favour of any citizen with qualifications set for posts or duties based on race, birth, religion, and sex.

However, noting in this section shall prevent appointment of men to the positions that are naturally suitable for men only.

9. Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedom of any citizen.

10. There shall be liberty in the exercise of the following rights subject to the laws enacted for State security, prevalence of law and order, community peace and tranquillity or public order and morality:

(a) The right of the citizens to express freely their convictions and opinions;

(b) The right of the citizens to assemble peacefully without arms;

(c) The right of the citizens to form associations and unions;

(d) The right of the citizens to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between on national race and another, or among national races and to other faiths.

11. Every citizen shall have the right to settle and reside in any place within the State according to law.

12. The State shall, according to law, protect every citizen's movable assets and immovable assets lawfully earned and acquired.

13. The State shall, by law, protect the premises and security of the home, property, correspondence and other communications of citizens subject to the provisions of this Constitution.

14. The State prohibits enslaving of man and trafficking in persons.

15. The State prohibits any form of forced labour except hard labour as a punishment for crime duly convicted and duties assigned thereupon by the State in accord with the law in the interests of the people.

16. Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of the State Constitution.

17. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice.

18. The freedom so guaranteed shall not prohibit the State from enacting laws for the purpose of social welfare and reform.

19. The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the State.

20. The State also recognizes Christianity , Islam, Hinduism and Animism as the religions existing in the Union on the date on which the State Constitution comes into force.

21. The State shall render assistance and protect as it possibly can the religions it recognizes.

22. The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to provoke feelings of hatred, enmity or discord between racial or religious communities or sects which is contrary to the State Constitution. A law may be adopted to punish such actions.

23. Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they cherish. In the process, they shall avoid any act which is to the detriment of national solidarity. Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consulting with and ascertaining the consent of those affected.

24. Every citizen, in accord with the education policy laid down by the Union, shall:

(a) have the right to education;

(b) be given basic education prescribed by the law as compulsory;

(c) have the right to innovate and express conscience for the development of science, literature and arts, and freely conduct research on culture.

25. Every citizen, in accord with the health policy laid down by the State, shall have the right to health care.

26. The State shall encourage and provide, based on qualifications, assistance for citizens outstanding in education, irrespective of race, religion, and sex.

27. Subject to this Constitution and relevant laws, every citizen shall have the right to elect and to stand for election to the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw.

28. Respective electorate shall have the right to recall a Hluttaw members in accord with the law.

29. Every citizen shall have the right to freely do any business in accord with the law for the national economic growth.

30. The State shall help national businessmen have access to technologies, investments, machinery, and raw materials.

31. In doing business, without prejudice to the law, every citizen is guaranteed the rights of property ownership, using assets, initiation, and copyright by the Union.

32. 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. Moreover, he shall not be subject to a penalty greater than that is applicable.

33. Any person convicted or acquired by a competent court for an offence shall not be retried unless a superior court annuls the judgment and orders to retry the case.

34. An accused person shall have the right of defence in accordance with the law.

35. No citizen shall, except matters on precautionary measures taken in accordance with law for the security of the State or prevalence of law and order or the peace and tranquillity and interests of the people or matters permitted under an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.

36. Every citizen shall have the right to apply to the Supreme Court of the Union through appropriate proceedings to enjoy the rights guaranteed under this Chapter.

37. In order to bestow the rights granted under this Chapter the Supreme Court shall have the power to issue the following writs as appropriate.

(a) Writ of Habeas Corpus;

(b) Writ of Mandamus;

(c) Writ of Prohibition;

(d) Writ of Quo Warranto;

(e) Writ of Certiorari.

The right to issue writs by the Supreme Court of the Union shall not affect the right to issue orders which are in the nature of writs by other courts invested to them under existing laws.

38. At the time of occurrence of the following situations, the power to issue writs under paragraph 36 shall not be suspended unless the public safety may so require.

(a) in time of war;

(b) in time of foreign invasion;

(c) in time of insurrection.

39. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State.

40. Except in the following situations, the grievances of the citizens legally entitled under law shall not be refused:

(a) in time of foreign invasion;

(b) in time of insurrection;

(c) in time of emergency.

41. If some of the rights prescribed in this chapter that concern members of the defence forces or the forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline are needed to be restricted or abrogated, they shall be done so only through enactment of necessary law.

42. Every citizen is under a duty to uphold:

(a) Non-disintegration of the Union;

(b) Non-disintegration of national solidarity;

(c) Perpetuation of sovereignty.

43. Every citizen is under a duty to abide by the provisions of the Constitution.

44. Every citizen is under a duty to safeguard independence, sovereignty, territorial integrity of the Union of Myanmar.

45. Every citizen is under a duty to undergo military training in accordance with the provisions of the law and to serve in the armed forces to defend the State.

46. Every citizen, charged with Union Spirit, is under a duty to enhance unity among national races and to ensure community peace and stability.

47. Every citizen is under a duty to build a modern developed nation.

48. Every citizen is under a duty to pay taxes levied under the law.

49. Every citizen is under a duty to contribute towards the following tasks being carried out by the State:

(a) preservation and safeguarding of national cultural heritage;

(b) environmental conservation;

(c) development of human resources;

(d) protection of public property.

50. In this Chapter and Chapter (I) State Fundamental Principles, the term State means a body or a person that exercises legislative and executive powers by this Constitution according as the context may require.

Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for each Hluttaw at a constituency

Yangon, 1 Sept? 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 the chapters Election' and Political Parties' read out by U Kan Nyunt of Delegate Group of Peasants.

Chapter (IX)

Election

Election of members to the Hluttaws

1. In electing members to Hluttaws

(a) Every citizen who has attained 18 years of age on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.

(b) Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for each Hluttaw at a constituency.

(c) In addition, people of national races concerned who are eligible to vote in accord with the provisions of the State Constitution shall have the right to vote in electing representatives of national races to the Region of State Hluttaw concerned.

(d) Ballot shall be exercised.

2. The following persons shall have no right to vote 

(a) members of the Religious Order;

(b) persons serving prison terms;

(c) persons adjudged to be of unsound mind as provided for in the relevant law;

(d) persons who have not yet been cleared from being declared destitute; and

(e) persons who are banned from voting under the election law.

3. At an election, a candidate 

(a) shall be elected to a Hluttaw only.

(b) shall stand for election at one constituency only.

4. (a) Electorate residing in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the Amyotha Hluttaw only.

(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a Union territory shall no longer stand as a Hluttaw member.

5. Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw.

Recalling a Hluttaw member

6. (a) A Hluttaw member may be recalled for any of the following reasons

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

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

(b) Complaint about the Hluttaw member endorsed by at least one percent of initial number of the voters of the constituency concerned shall be submitted to the Union Election Commission.

(c) Union Election Commission shall conduct investigation into the case in accord with the law.

(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.

(e) The Union Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law.

7. The Union Hluttaw shall prescribe necessary laws on election and recall.

Formation of Union Election Commission

8. (a) The President shall form a Union Election Commission. In the process, he may appoint at least five members including the chairman of the Union Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.

(b) The chairman and members of the Union Election Commission shall be the ones who

(1) have attained 50 years of age.

(2) meet, except age limit, requirements set for Pyithu Hluttaw members.

(3) (aa) have served in the post of Chief Justice or Supreme Court Justice; Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)

(bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)

(cc) have practised law as the advocate for at least 20 years; (or)

(dd) are deemed to be eminent persons by the President.

(4) are well-experienced with good characters.

(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.

(6) are loyal to the State and the people.

(7) are not members of a political party.

(8) are not Hluttaw members.

(9) do not accept any other positions from which they can enjoy salaries and allowances.

Duties of the Union Election Commission

9. Duties of the Union Election Commission are as follows:

(a) holding Hluttaw elections;

(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;

(c) designating and arranging constituencies;

(d) making and arranging lists of voters;

(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;

(f) issuing necessary laws on elections and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;

(g) forming electoral tribunals to resolve electoral disputes;

(h) discharging duties assigned under a law.

Impeachment of the chairman or a member of the Union Election Commission

10. (a) The President may impeach the chairman or a member of the Union Election Commission for any of the following reasons:

(1) treason;

(2) violation of any provision of the Constitution;

(3) misbehaviour;

(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;

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

(b) procedures shall be taken in accord with the provisions of the State constitution on impeachment of the Chief Justice or a Supreme Court Justice.

11. (a) If the chairman or a member of the Union Election Commission in service wishes to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.

(b) If the seat of the chairman or a member of the Union Election Commission is vacant due to resignation, termination of duties, death, or any other reasons, the President may appoint a new chairman or a member of the Union Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.

(c) If the chairman or a member of the Union Election Commission is a government employee, he shall be deemed to have resigned from civil service in accord with the existing civil service rules and regulations from the date he is appointed as the chairman or a member of the Union Election Commission.

Decisions and functions of Union Election Commission

12. The Union Election Commission's decisions and functions over the following matters shall be final and conclusive:

(a) electoral procedures;

(b) appeals and amendments on electoral benches' decisions and orders;

(c) matters taken under political party law.

13. Duties, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.

14. The role of the chairman of the Union Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to duties, powers and rights of the chairman and members of the Union Election Commission in prescribing laws.

Chapter X

Political Parties

Formation of Political Parties

1. Political parties

(a) set the objective ? non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

(b) have the duty to be loyal to the State.

2. A political party shall:

(a) accept and practise discipline-flourishing genuine multiparty democracy.

(b) abide by the Constitution and the existing laws.

(c) be legally registered as a political party.

3. In accord with the law, a political party shall have the right to:

(a) organize freely;

(b) to stand for the elections.

No continued existence of a political party

4. The continued existence of a political party shall not be permitted if 

(a) it has been declared as an unlawful organization in accord with the existing law;

(b) it makes connections with or provides support and assistance to insurgent groups waging an armed rebellion against the State, organizations or persons the State has announced as the ones committing terrorist acts or organizations the State has declared unlawful;

(c) it directly or indirectly receives financial, material and other assistance from the government or a religious organization, or any other organization or an individual person of a foreign country;

(d) it abuses religion for political purpose.

5. If the body having the authority to register political parities finds that a political party is connected with any one of the points stated in the above-mentioned subparagraphs (a), (b), (c) or (d), the party's registration shall be revoked.

6. The Pyidaungsu Hluttaw shall enact necessary laws concerning the political parties.