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Yangon, 14 Nov- The following is the presentation made at the Plenary
Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township,
Yangon Division, yesterday, by Members of the National Convention Convening
Work Committee Deputy Attorney-General Dr Tun Shin, U Tun Tun Oo and Brig-Gen
Mya Win on clarification made by the Chairman of National Convention Convening
Work Committee on laying down detailed basic principles for the Chapter
“General Provisions” to be included in drafting the State Constitution.
Mr Chairman and delegates,
Presentation will be made on the points that should be adopted as
detailed basic principles for the Chapter “General Provisions” to be
included in the Constitution.
A Constitution is the main law that reflects a nation’s history and
portrays the structure of that nation. Moreover, the Constitution is the main
pillar of the laws of a nation stipulating the sharing of the three branches
of power - the legislative power, the executive power and the judicial power -
and the political and economic system. Hence all the laws of a nation should
be in conformity with the Constitution. In the 1974 Constitution of our nation
and constitutions of some nations, it is stated that the Constitution is the
basic law of laws of the State.
Hence, discussions are to be held and suggestions to be made whether the
following point should be laid down as detailed basic principle.
“This Constitution is the basic law of laws of the State.”
Mr Chairman,
Concerning the General Provisions, the following fundamental principles
have already been laid down by the plenary session of the National Convention
on 16 September 1993.
(1) Myanmar language is the official language.
(2) the State fundamental principles are the guidelines to be followed
by the legislative Hluttaws in enacting laws and interpreting provisions of
the State Constitution and of other laws.
Clarification will be made on the expression “the State fundamental
principles are the guidelines to be followed in interpreting laws”. The
principles have been laid down after making considerations from various
aspects to be in conformity with the current situation for the nation to enjoy
greater degree of peace, stability and prosperity. Hence, the State
fundamental principles are guidelines to be followed by the legislative
Hluttaws in enacting laws and in interpreting provisions of the State
Constitution and other laws. And it is prescribed in the 1974 Constitution of
Myanmar and constitutions of some nations.
Thus, the following fundamental principle has been adopted.
“The State fundamental principles are the guidelines to be followed by
the legislative Hluttaws in enacting laws and in interpreting provisions of
the State Constitution and of other laws.”
Mr Chairman,
Presentation will be made on the fundamental principle “Myanmar
language is the official language”. Not only the 1947 Constitution but also
the 1974 Constitution prescribed that Myanmar language shall be the official
language. Actually, Myanmar language is widely used in various parts of the
nation.
The fundamental principle has been laid down with the purpose of
ensuring uniformity and clarity in communications between the people and the
government institutions, and among the government institutions, without any
controversy.
Hence, discussions are to be held and suggestions to be made whether the
following two fundamental principles should be transferred to the Chapter
“General Provisions” or not.
“(1) Myanmar language is the official language.
“(2) The State fundamental principles are the guidelines to be
followed by the legislative Hluttaws in enacting laws and interpreting
provisions of the State Constitution and of other laws.”
Mr Chairman,
Only the Constitution written in Myanmar language will be adopted and
promulgated. Afterwards, the Constitution may be translated into English and
other languages as necessary. Although the Constitution may be translated into
various languages, only the Constitution written in Myanmar language will be
adopted and promulgated. Hence, if there arises a matter to interpret a
provision it will be based on Myanmar text.
The 1974 Constitution has a similar provision. Therefore, the point:
“Interpretation of the preamble, articles, clauses, words and
expressions contained in this Constitution shall be based only on Myanmar
text.”
should be adopted as a detailed basic principle.
Mr Chairman,
After adopting and promulgating the Constitution, there may be a need to
interpret the exact meaning of an expression in practically implementing the
Constitution. There should be a law to interpret and refer an expression in
the adopted Constitution if there is no specific interpretation.
The sub-section 3, section 222 of the 1947 Constitution prescribed,
“Save where a contrary intention
appears, the provisions of the Burma General Clauses Act shall extend to
the interpretation and application of this Constitution.”
The Clause (a) of Article 200 of the 1974 Constitution also prescribed,
“In interpreting the expressions contained in this Constitution, reference
shall be made to the Interpretation Law promulgated by the Revolutionary
Council of the Union of Burma.”
It is opined that reference should be made to the existing
Interpretation of Expressions Law if need arises to interpret an expression
contained in the Constitution.
Hence, discussions are to be held and suggestions to be made whether the
following detailed basic principle should be adopted or not.
“Interpretation of the expressions of this Constitution should be
referred to the existing Interpretation of Expressions Law.”
Mr Chairman,
The Constitution of a nation is the milestone of that nation. Every
country promulgates its Constitution in conformity with its own prevailing
economic and social conditions. Hence, the Constitution is worthy of recording
as a historic landmark. Hence, the manuscript of the Constitution should be
kept safely for a long time. The country has the National Records and Archives
Law. In accord with the law, the Myanmar manuscript of the Constitution, that
has been adopted and promulgated through a referendum, should be enrolled for
record in the National Archives. The manuscript is the conclusive evidence of
the provisions contained in the Constitution.
In the 1947 Constitution it was prescribed that the copy of the
Constitution should be enrolled in the Office of the Registrar of the Supreme
Court; and that copy shall be the conclusive evidence of the provisions of the
Constitution.
Hence, discussions are to be held and suggestions to be made whether the
following detailed basic principle should be adopted or not.
“A Myanmar manuscript of this Constitution shall be enrolled for
record in the National Archives. The manuscript shall be conclusive evidence
of the provisions of this Constitution.”
Mr Chairman,
One of the basic principles on the economy says:
“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 the national economy.”
It implies that the State guarantees the participation of all the
economic forces in the economic activities for the national economic
development. Simultaneously, some economic enterprises are operated solely by
the State under the conditions. Now, the kinds of economic enterprises the
government has to solely operate under “the State-Owned Economic Enterprises
Law” have been prescribed. However, it is prescribed that the government may
permit a person or an organization to run any of the economic enterprises,
which the government has to solely operate, under the terms and conditions in
the interests of the State.
Now, the nation has seen many economic enterprises that are jointly run
with the government based on mutual interest, or internal or external
organizations or persons are running under the terms and conditions stipulated
by the State. After the State Constitution comes into force, there will emerge
economic enterprises the Union government will have to run solely, and
economic enterprises that Region government or State government will have to
run in accord with the provisions of the State Constitution. And there may
arise a situation for which a Region or State government is to be vested with
the right to run one of the economic enterprises which the Union government
has to run solely, in the interests of the State. Moreover, there may arise
situations for which a cooperative society or an economic organization or a
person may enjoy the right to run such economic enterprises. It is assumed
that a detailed basic principle should be adopted that in such a situation, a
Region or State government, a cooperative society or a person can run such
kinds of economic enterprises with the government through joint-venture system
or under agreements in the interests of the State.
Therefore, discussions are to be held and suggestions to be made whether
the point:
“In the interest of the State, the Union Government may permit:
(a) Region or State government,
(b) a cooperative society or a person
to run any of economic enterprises, which are prescribed to be operated
solely by the Union Government, through a joint-venture system with the Union
Government or under agreements”.
should be adopted as a detailed basic principle.
Mr Chairman,
There have been many treaties and agreements the Government of the Union
of Myanmar ratified after regaining independence with the governments of other
countries. Also in the time of the State Peace and Development Council, the
government has ratified treaties and agreements with the governments of many
other countries including ASEAN nations. In this regard, the Union of Myanmar
will have to honour the legitimate obligations arising out of any treaties or
agreements which have been in force before the commencement of this
Constitution between the Government of Myanmar and the Government of any other
State provided that these countries honour any reciprocal obligations towards
the Union of Myanmar. It is found that the 1947 Constitution of our country
and the State constitutions of many other countries carry similar provisions.
Therefore, discussions are to be held and suggestions to be made whether
the point:
“The Union of Myanmar shall honour all legitimate obligations arising
out of any treaties or agreements which before the commencement of this
Constitution were in force between the Government of Myanmar and the
Government of any other State, provided that such other State honours any
reciprocal obligations towards the Union of Myanmar”.
should be adopted as a detailed basic principle.
Mr Chairman,
Any proceedings relating to contracts signed with the Government of the
Union of Myanmar or liabilities which might have been brought against the
Government of the Union of Myanmar before this Constitution comes into force,
may be brought for losses against the Union Government to be formed under this
Constitution. Similarly, if given the similar right, the Government of the
Union of Myanmar should also have the right to sue the bodies concerned. The
1947 Constitution of our country and the State constitutions of some countries
prescribe similar provisions.
Likewise, the Union of Republic of Myanmar that will come into existence
after this Constitution comes into force should have the right to sue and may
be sued by the name of the Union of Republic of Myanmar. The 1947 Constitution
of our country and the State constitutions of some countries prescribe similar
provisions.
Therefore, discussions are to be held and suggestions to be made whether
the point:
“(1) Any proceedings relating to contracts or liabilities which might
have been brought against the Government of the Union of Myanmar before this
Constitution comes into force, may be brought against the Union Government.
(2) The Union of Republic of Myanmar may sue and may be sued by the name
of the Union of Republic of Myanmar.”
should be laid down as a detailed basic principle.
Mr Chairman
Now, presentation will be made on formation of the Constitutional
Tribunal. Some basic principles the National Convention has adopted are
connected with general provisions, matters on formation of the Constitutional
Tribunal and functions of the Constitutional Tribunal.
Explanation will be made how many members including the chairman should
constitute in the Constitutional Tribunal, how to select members and assign
duties to them, qualifications to be possessed by members, and tenures of the
members.
Mr Chairman,
The functions of the Constitutional Tribunal are of great importance.
Some of them are to define the provisions of the State Constitution if
necessary, and resolve disputes on matters related to the State Constitution.
So, a member of the Constitutional Tribunal should be the one who is at least
50 years of age with the qualifications set for a Union Chief Justice and a
Union Chief Court Judge. In addition, he should be knowledgeable about
political, administrative, economic and security affairs. And such kind of
person should be the one who is loyal to the State and the people because he
will be assigned high-level duties in the interests of the State. It will be
suitable if the membership of the Constitutional Tribunal is nine including
the chairman. The President, the Speaker of the Pyithu Hluttaw and the Speaker
of the Amyotha Hluttaw should choose three members each from Hluttaw members
or non-Hluttaw members with the approval of the Pyidaungsu Hluttaw. It is
assumed that the Pyidaungsu Hluttaw should not have the right to reject the
members of the Constitutional Tribunal nominated by the President unless it
can prove the members disqualified. In addition, the President should have the
right to nominate new members for the seats that are still vacant due to the
failure to obtain the agreement of the Pyidaungsu Hluttaw. Therefore,
regarding appointment and qualifications of members of the Constitutional
Tribunal, discussions are to be held and suggestions to be made whether the
point:
“(1) The Constitutional Tribunal shall consist of nine members
including the chairman. The President, the Speaker of the Pyithu Hluttaw and
the Speaker of the Amyotha Hluttaw shall select three members each who meet
the following requirements from among Hluttaw members or non-Hluttaw members:
(a) person who has attained the age of 50 years;
(b) person who possesses qualifications set for a
Pyithu Hluttaw, except restriction on age,
(c) person who possesses qualifications set for the
Union Chief Justice and a Union Supreme Court Judge except restriction on age,
(d) person who has political, administrative,
economic and security outlooks.
(e) person who is loyal to the State and the people.
2. The list of three members each nominated by the President, the
Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw, and a
member nominated for chairmanship of Constitutional Tribunal among the nine
members shall be submitted to the Pyidaungsu Hluttaw for its approval.
3. The Pyidaungsu Hluttaw shall have no right to reject the persons
nominated for members of the Constitutional Tribunal by the President unless
it can prove the members disqualified.
4. The President may, in accord with the provisions of the State
Constitution, have the right to nominate new members for the seats of
Constitutional Tribunal that are still vacant due to failure to obtain
agreement of the Pyidaungsu Hluttaw.
5. The President shall appoint the chairman and members of
Constitutional Tribunal approved by the Pyidaungsu Hluttaw.”
should be adopted as a detailed basic principle.
Mr Chairman,
Now, explanation will be made on the term of the Constitutional
Tribunal. A detailed basic principle has been adopted that the term of the
Pyidaungsu Hluttaw shall be five years. The term of the Constitutional
Tribunal should be the same as that of the Pyidaungsu Hluttaw. On expiry of
its term, however, it should continue to carry out its functions till the
President forms a new Constitutional Tribunal.
Therefore, regarding the Constitutional Tribunal, discussions are to be
held and suggestions to be made whether the point:
“The term of the Constitutional Tribunal is five years, the same as
that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal,
on expiry of its term, shall continue to carry out its functions till the
President forms a new Constitutional Tribunal under this Constitution.”
should be adopted as a detailed basic principle.
Mr Chairman,
If a member of the Constitutional Tribunal is a member of a Hluttaw, he
shall resign from the Hluttaw concerned on the date he is appointed as a
member of the Constitutional Tribunal. And if he is a government employee, he
shall retire from civil service in accord with the civil service rules and
regulations. The Constitutional Tribunal shall be free from political bias in
settling disputes related to the State Constitution. So, if a member of the
Constitutional Tribunal is also a member of a political party, during the
tenure of membership he should have no right to participate in the activities
of the political party concerned. If a member of the Constitutional Tribunal
wishes to resign due to a reason before expiry of his tenure, he should have
the right to submit his resignation to the President. Moreover, a basic
principle should be prescribed in the State Constitution to appoint a new
member if there is a vacancy in membership in the Constitutional Tribunal.
Therefore, regarding appointment of a member to the Constitutional
Tribunal, discussions are to be held and suggestions to be made whether the
point:
“(1) A member of the Constitutional Tribunal:
“(a) shall be deemed to have resigned from the Hluttaw concerned on
the date of being appointed if he is a member of any Hluttaw.
(b) shall be deemed to have resigned from civil service in accord with
civil service rules and regulations on the date of being appointed if he is a
government employee.
(c) shall have no right to participate in activities of the political
party concerned during tenure of membership starting from the date of being
appointed if he is a member of a political party.
(2) A member of the Constitutional Tribunal may have the right to submit
his resignation to the President if he wishes to resign before expiry of his
tenure for a certain a reason.
(3) The President may appoint a new member in accord with the provisions
of this Constitution if there is a vacancy in membership in the Constitutional
Tribunal for a certain reason.
should be adopted as a detailed basic principle.
Mr Chairman,
A member of the Constitutional Tribunal should possess such
qualifications as loyalty to the State, adherence to the provisions of the
Constitution, and good characters. If he fails to honour these requirements or
violates any of these rules, he should be blamed or impeached under the
provisions prescribed in this Constitution set to blame or impeach the Union
Chief- Justice or a Union Supreme Court Judge.
Therefore, regarding blaming or impeaching a member of the
Constitutional Tribunal, discussions are to be held and suggestions to be made
whether the point:
“ A member of the Constitutional Tribunal can be blamed or impeached
under any of the following reasons:
“(a) treason,
(b) violation of any of the provisions of the
Constitution,
(c) misbehaviour,
(d) incapability of discharging duties prescribed in
the State Constitution for a member of the Constitutional Tribunal.
(e) being unable to perform the duties assigned to
him efficiently;
(2) If need arises to blame or impeach a member of the Constitutional
Tribunal, it shall do so under the provisions prescribed in this Constitution
set to blame or impeach the Union Chief-Justice or a Union Supreme Court
Judge”
should be adopted as a detailed basic principle.
Mr Chairman,
The detailed basic principles on the Constitutional Tribunal have been
laid down. It is said that a Constitutional Tribunal shall be set up to
interpret provisions of the State Constitution, to scrutinize whether or not
laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State
Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States
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, among States, and between Regions or States and
Self-Administered Areas and among Self-Administered Areas themselves to
perform other duties prescribed in the State Constitution.
The tasks to be carried out by the Constitutional Tribunal are stated in
these detailed basic principles. So, these tasks should be prescribed in the
detailed basic principles as necessary in order that they can be scrutinized
and decided when the President informs the matters regarding the Union
territories.
Therefore, regarding functions of the Constitutional Tribunal,
discussions are to be held and suggestions to be made whether the point:
“ The functions of the Constitutional Tribunal are as follows:
1. to interpret provisions of the State Constitution;
2. to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw,
the Region Hluttaws and the State Hluttaws and functions of executive
authorities of Pyidaungsu, Regions; States and Self-Administered Areas are in
conformity with the State Constitution;
3. to scrutinize functions of executive authorities of Pyidaungsu,
Regions, States and Self-Administered Areas are in conformity with the State
Constitution;
4. to decide on disputes in connection with the State Constitution
between Pyidaungsu and Regions, between Pyidaungsu and States, between Regions
and States, among Regions, among States, and between Regions or States and
Self-Administered Areas and among Self-Administered Areas themselves to
perform other duties prescribed in the State Constitution;
5. to decide on disputes in connection with the rights and
responsibilities of the Pyidaungsu and Regions; or States or Self-Administered
Areas in implementing Union law by Regions, States or Self-Administered Areas;
6. to scrutinize and decide on matters relating to Union territories
informed by the President,
7. functions entrusted by laws prescribed by the Pyidaungsu Hluttaw”.
should be adopted as a detailed basic principle.
Mr Chairman,
The courts have to hear criminal cases and civil law cases in accord
with the existing laws. In the process, if there is a dispute as to whether a
provision of a law is in conformity with the Constitution in a case being
heard by a court, the Constitutional Tribunal is responsible for deciding on
such a case. The court concerned should suspend the case it is hearing and
submit its views to the Constitutional Tribunal in accord with the procedures
for its decision. Regarding the dispute, the decision of the Constitutional
Tribunal should apply all the cases, and the decision should be final.
Therefore, regarding a dispute as to whether the provision of a law is
in conformity with the Constitution in a case being heard by a court,
discussions are to be held and suggestions to be made whether the point:
“1. If there is a dispute as to whether a provision prescribed in a
law is in conformity with the Constitution in hearing a case by a court, and
the Constitutional Tribunal has not made any decision regarding the case, the
court shall suspend its hearing and submit its views to the Constitutional
Tribunal in accord with the procedures for its decision. The decision of the
Constitutional Tribunal regarding the dispute shall apply all the cases.
2. The decision of the Constitutional Tribunal shall be final.”
should be adopted as a detailed basic principle.
Mr Chairman,
The Constitutional Tribunal is responsible for interpreting the
provisions of the State Constitution. In the process, the President, the
Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the
Speaker of the Amyotha Hluttaw, the Union Chief-Justice and the chairman of
the Constitutional Tribunal should have the right to submit the cases directly
to the Constitutional Tribunal. And in a case in which Region or State Chief
Minister; the Speaker of the Region or State Hluttaw; the chairman of the
Leading Body of the Self-Administered Areas and at least 10 percent of members
of the Pyithu Hluttaw and the Amyotha Hluttaw submit a case to interpret the
Constitution, they should have the right to do so in accord with the
procedures rather than submit directly.
Therefore, regarding the interpretation of the provisions of the
Constitution, discussions are to be held and suggestions to be made whether
the point:
“ (1) The following persons shall have the right to directly submit a
case to the Constitutional Tribunal for its interpretation, decision, and
stance:
(a) President;
(b) Speaker of the Pyidaungsu Hluttaw;
(c) Speaker of the Pyithu Hluttaw,
(d) Speaker of the Amyotha Hluttaw,
(e) Union Chief-Justice;
(f) Chairman of Union Election Commission;
2. The following
persons or bodies shall have the right to submit a case to the Constitutional
Tribunal in accord with the procedures for its interpretation, decision and
stance:
(a) Region of
State Chief Minister;
(b) Speaker of the Region or State Hluttaw,
(c) Chairman of Leading Body of Self-Administered Areas.
(d) At least 10
per cent of the members of the Pyithu Hluttaw or the Amyotha Hluttaw.”
should be adopted
as a detailed basic principle.
Mr Chairman,
The Pyidaungsu Hluttaw will have to prescribe necessary laws for
formation of the Constitutional Tribunal, relations with other organizations,
and responsibilities, rights and privileges of the Constitutional Tribunal. In
the process, the role of the chairman of the Constitutional Tribunal should be
designated to be equivalent to the position of a Vice-President, and a member
of the Constitutional Tribunal, to the position of a Union minister in order
to make reference in prescribing the laws.
Therefore, regarding the designation of the chairman and members of the
Constitutional Tribunal to prescribe necessary law for the Constitutional
Tribunal, discussions are to be held and suggestions to be made whether the
point:
“1. Formation and relations of the Constitutional Tribunal, and
duties, rights and privileges of the chairman and members of the
Constitutional Tribunal shall be prescribed by law.
“2. The role of the chairman of the Constitutional Tribunal 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 in prescribing
by law regarding the duties, rights and privileges of the chairman and members
of the Constitutional Tribunal.”
should be adopted as a detailed basic principle.
Mr Chairman,
Presentation has been made on the points that should be adopted as
detailed basic principles for the Chapter “General Provisions”. For your
convenience in studying them, a collection of these points altogether are
presented as follows:-
1. “This Constitution is the basic law of laws of the State.
2. Myanmar language is the official language.
3. The State fundamental principles are the guidelines to be followed by
the legislative Hluttaws in enacting laws and interpreting provisions of the
State Constitution and of other laws.
4. Interpretation of the preamble, articles, clauses, words and
expressions contained in this Constitution shall be based only on Myanmar
text.
5. Interpretation of the expressions of this Constitution should be
referred to the existing Interpretation of Expressions Law.
6. A Myanmar manuscript of this Constitution shall be kept at the
National Archives. The manuscript shall be conclusive evidence of the
provisions of this Constitution.
7. In the interest of the State, the Union Government may permit-
(a) Region or
State government,
(b) a cooperative society or a person to run any of economic enterprises,
which are prescribed to be operated solely by the Union Government, through a
joint-venture system with the Union Government or under agreements.
8. The Union of
Myanmar shall honour all legitimate obligations arising out of any treaties or
agreements which before the commencement of this Constitution were in force
between the Government of Myanmar and the Government of any other State,
provided that such other State honours any reciprocal obligations towards the
Union of Myanmar.
9. (a) Any
proceedings relating to contracts or liabilities which might have been brought
against the Government of the Union of Myanmar before this Constitution comes
into force, may be brought against the Union Government.
(b) The Union of Republic of Myanmar may sue and may be sued by the name of
the Union of Republic of Myanmar.
10. The
Constitutional Tribunal shall consist of nine members including chairman. The
President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha
Hluttaw shall select three members each who meet the following requirements
from among Hluttaw members or non-Hluttaw members:
(a) person who has
attained the age of 50 years;
(b) person who possesses qualifications set for a Pyithu Hluttaw, other than
restriction on age,
(c) person who possesses qualifications set for the Union chief justice and a
Union High Court judge,
(d) person who has political, administrative, economic and security outlooks.
(e) person who is loyal to the
State and the people.
11. The list of three members each nominated by the President, the
Pyithu Hluttaw Speaker and the Amyotha Hluttaw Speaker, and a member nominated
for chairmanship of Constitutional Tribunal among the nine members shall be
submitted to the Pyidaungsu Hluttaw for its approval.
12. The Pyidaungsu Hluttaw shall have no right to reject the persons
nominated for members of the Constitutional Tribunal by the President unless
it can prove the members disqualified.
13. The President may, in accord with the provisions of the State
Constitution, have the right to nominate new members for the seats of
Constitutional Tribunal that are still vacant due to failure to obtain
agreement of the Pyidaungsu Hluttaw.
14. The President
shall appoint the chairman and members of Constitutional Tribunal approved by
the Pyidaungsu Hluttaw.
15. The term of the Constitutional Tribunal is five years, the same as
that of the Pyidaungsu Hluttaw. However, the ongoing Constitutional Tribunal,
on expiry of its term, shall continue to carry out its functions till the
President forms a new Constitutional Tribunal under this Constitution.
16. A member of
the Constitutional Tribunal:
“(a) shall be deemed to have resigned from the Hluttaw concerned on
the date of being appointed if he is a member of any Hluttaw.
(b) shall be deemed to have resigned from civil service in accord with
civil service rules and regulations on the date of being appointed if he is a
government employee.
(c) shall have no right to participate in activities of the political
party concerned during tenure of membership starting from the date of being
appointed if he is a member of a political party.
17. A member of the Constitutional Tribunal may have the right to submit
his resignation to the President if he wishes to resign before expiry of his
tenure due to a reason.
18. The President may appoint a new member in accord with the provisions
of this Constitution if there is a vacancy in membership in the Constitutional
Tribunal for a certain reason.
19. (a) A member of the Constitutional Tribunal can be blamed or
impeached under any of the following reasons:
“(1) treason;
(2) violation of any of the provisions of the Constitution;
(3) misbehaviour;
(4) incapability of discharging duties prescribed in the State Constitution
for a member of the Constitutional Tribunal;
(5) being unable to perform the duties assigned to him efficiently;
(b) If need arises to blame or impeach a member of the Constitutional
Tribunal, it shall do so under the provisions prescribed in this Constitution
set to blame or impeach the Union Chief Justice or a Union Supreme Court
Judge”
20. The functions of the Constitutional Tribunal are as follows:
(a) to interpret provisions of the State Constitution,
(b) to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the
Region Hluttaws and the State Hluttaws and functions of executive authorities
of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity
with the State Constitution,
(c) to scrutinize functions of executive authorities of Pyidaungsu, Regions,
States and Self-Administered Areas are in conformity with the State
Constitution,
(d) to decide on disputes in connection with the State Constitution between
Pyidaungsu and regions, between Pyidaungsu and States, between Regions and
States, among Regions, among States, and between Regions or States and
Self-Administered Areas and among Self-Administered Areas themselves to
perform other duties prescribed in the State Constitution,
(e) to decide on disputes in connection with the rights and responsibilities
of the Pyidaungsu and Regions; or States or Self-Administered Areas in
implementing Union law by Regions, States or Self-Administered Areas,
(f) to scrutinize and decide on matters relating to Union territories informed
by the President,
(g) tasks entrusted by laws prescribed by the Pyidaungsu Hluttaw,
21. If there is a dispute as to whether a provision prescribed in a law
is in conformity with the Constitution in hearing a case by a court, and the
Constitutional Tribunal has not made any decision regarding the case, the
court shall suspend its hearing and submit its views to the Constitutional
Tribunal in accord with the procedures for its decision. The decision of the
Constitutional Tribunal regarding the dispute shall apply all the cases.
22. The decision of the Constitutional Tribunal shall be final.
23. The following persons shall have the right to directly submit a case
to the Constitutional Tribunal for its interpretation, decision, and stance:
(a) President;
(b) Speaker of the Pyidaungsu Hluttaw;
(c) Speaker of the Pyithu Hluttaw,
(d) Speaker of the Amyotha Hluttaw,
(e) Union Chief Justice;
(f) Chairman of Union Election Commission.
24. The following persons or bodies shall have the right to submit a
case to the Constitutional Tribunal in accord with the procedures for its
interpretation, decision and stance:
(a) Region of State Chief Minister;
(b) Speaker of the Region or State Hluttaw,
(c) Chairman of Leading Body of Self-Administered Areas.
(d) At least 10 percent of the members of the Pyithu Hluttaw or the Amyotha
Hluttaw.
25. Formation and relations of the Constitutional Tribunal, and duties,
rights and privileges of the chairman and members of the Constitutional
Tribunal shall be prescribed by law.
26. The role of the chairman of the Constitutional Tribunal 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 in prescribing
by law regarding the duties, rights and privileges of the chairman and members
of the Constitutional Tribunal.
Mr Chairman and delegates,
Presentation has been made on the points that should be adopted as
detailed basic principles for the Chapter “General Provisions”.
In conclusion, delegates are urged to hold discussions about what have
been presented to make suggestions as to whether the points are appropriate to
be adopted as detailed basic principles or not.
