The
Acts signed by the President and the Acts deemed to have been signed
by the President shall be promulgated in the gazette. The Act shall come
into force on the date of such
promulgation unless the contrary intention is expressed.
YANGON,
16 Dec—The following is the presentation on clarifications of National
Convention Convening Work Committee Chairman on adoption of detailed basic
principles for legislation of Pyidaungsu Hluttaw to be included in judicial
sector for formulating State Constitution by Member of the National Convention
Convening Commission Supreme Court Judge Dr Tin Aung Aye at the plenary session
held on 13 December at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
I
will now present a clarification for the people to know and observe the laws
signed by the President or those deemed to have been signed by the President.
It
is required to make the people know and observe the laws signed by the President
and or those deemed to have been signed by the President. Thus, the laws should
be promulgated in the gazette. The section 112 of the 1947 Constitution stated,
“Every such Act shall be promulgated by the President by publication under his
direction in the official gazette.”
The
issuance of the President-signed Acts includes the laws the President has signed
within seven days after they were sent back to him for the second time with the
Pyidaungsu Hluttaw’s approval, in addition to the Acts signed by the President
within 14 days since they were first submitted to the President. The bills
signed by the President within seven days are the ones that are sent back to the
Pyidaungsu Hluttaw by President for reconsideration at the Hluttaw.
The
Acts deemed to have been signed by the President include the bills that become
laws in the like manner as if signed by the President at the end of 14-day time
frame, and the bills deemed to have been signed by the President as he does not
sign them till the end of the seven-day time limit.
The
legislative authorities after approving and enacting an Act promulgated it in
the gazette and dailies. In addition to acknowledging the public, an Act needs
to have the effect of a law for public observance. Thus, the wording “Every
Act shall come into force on the date of such promulgation” is usually stated.
There may arise legal disputes if the wording is not mentioned. Insertion of the
wording in the constitution can avoid causing disputes.
The
sub section 2 of the section 112 of the 1947 Constitution stated, “Every Act
shall come into force on the date of such promulgation unless the contrary
intention is expressed.” The provision is also contained in the constitutions
of some other nations. Thus, a detailed basic principle “An Act promulgated in
the gazette shall come into force on the date of such promulgation” should be
included in the constitution.
Concerning
the above-mentioned matter, the delegates should discuss whether the following
detailed basic principle should be laid down.
“The
Acts signed by the President and the Acts deemed to have been signed by the
President shall be promulgated in the gazette. The Act shall come into force on
the date of such promulgation unless the contrary intention is expressed.”
I
have already explained that the Union level organizations formed according to
the constitution have the power to submit bills to the Pyidaungsu Hluttaw.
Moreover they will have to present the matters, which the constitution has
stated to act in accord with the decision, approval and confirmation, to the
Pyidaungsu Hluttaw. Concerning the matter, the members of the Union level
organizations representing their bodies should have the power to attend the
Pyidaungsu Hluttaw sessions and to explain and discuss at the sessions.
According
to the already-laid-down detailed basic principles, the President, the
Vice-Presidents, the Union Ministers, the Union Attorney-General, the Union
Auditor-General, the Union Chief Justice, and the judges of the Union Supreme
Court shall not be a member of any hluttaw and if he is a member of any Hluttaw,
he should resign from membership. However, the Union ministers should have the
right to attend the Pyidaungsu Hluttaw meetings and present or explain the bills
in connection with the national plans, the Union budget bills and bills on
taxation which according to the detailed basic principles should be presented
solely by the Union government. In presenting the bills on judicial affairs, the
Union Attorney-General and the Union Chief Justice should also have the right to
attend the Pyidaungsu Hluttaw and explain the bills. The Union ministers and the
Union Attorney-General should have the right to make a clarification and
discussions at the Pyidaungsu Hluttaw in connection with the executive matters
when necessary. The Union Auditor-General should have the right to explain the
budgets of all State organizations at the Pyidaungsu Hluttaw when necessary. As
all the said members of the organizations and the said persons are not the
Pyidaungsu Hluttaw members, they should attend the Pyidaungsu Hluttaw only with
the permission of the Speaker.
Concerning
the above-mentioned matters, the delegates should discuss whether the following
detailed basic principle should be laid down.
“Members
of the organizations representing the Union level organizations formed under the
Constitution while attending the Pyidaungsu Hluttaw with the permission of the
Speaker have right to explain the bills and other matters in connection with
their respective organizations.”
Now
I would like to explain the powers and functions of the Pyidaungsu Hluttaw
Speaker. The heads of hluttaw when the hluttaw meetings are in session, should
supervise and control them in accord with the law and bylaw of the respective
hluttaws. Thus detailed basic principles should be laid down for the Speaker to
discharge the duty of supervising and controlling the Pyidaungsu Hluttaw
meetings systematically. The power to do so should be promulgated by the
Pyidaungsu Hluttaw law and the bylaw.
If
the President, who is the Head of State and who represents the State,
communicates the Speaker expressing the desire to address the Pyidaungsu Hluttaw,
the Speaker should have the responsibility to invite the President without fail.
Thus, a detailed basic principle saying that, if the President informs the
Speaker about his wish to address the Pyidaungsu Hluttaw, the Speaker shall
invite the President, should be laid down.
At
the Pyidaungsu Hluttaw, there will be a lot of discussions regarding the
legislation, the implementations on the policy of the Union government, or the
general situation of the State. Of the matters still in session at the
Pyidaungsu Hluttaw, many of them concern the task of the Union level
organizations formed according to the constitution. In such situation, the
Speaker should have the power to invite the members or respective officials of
the Union level organizations if the Speaker assumes that it will be beneficial
for the people if the bodies representing the Union level organizations and the
persons concerned with the matters included in the ongoing discussions will be
permitted to present clarifications at the Pyidaungsu Hluttaw.
There
are some powers and functions of the Pyidaungsu Hluttaw Speaker included in the
sectors on Pyidaungsu Hluttaw sessions and bill presentation and ratification, I
have already explained. Detailed provisions will also be included in the law and
the bylaw of the Pyidaungsu Hluttaw. Thus, a detailed basic principle “The
Speaker shall implement his other powers and functions designated by the
constitution or any law” should be laid down.
Concerning
powers and functions of the Pyidaungsu Hluttaw Speaker, the delegates should
discuss whether the following detailed basic principles should be laid down:
The
Pyidaungsu Hluttaw Speaker shall —
(a)
supervise the Pyidaungsu Hluttaw sessions
(b)
invite the President, if the President informs him of his desire to address the
Pyidaungsu Hluttaw
(c)
have the power to invite organization and persons representing any Union level
organizations formed under the Constitution to attend and give clarifications on
one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session
if necessary
(d)
implement his other duties and fun-ctions designated by the constitution or any
law
I
wish to explain the laying down of the detailed basic principles for the Union
level organizations formed according to the constitution to submit to the
Pyidaungsu Hluttaw the necessary matters concerning their situation. If any of
the constitutional Union level organizations have an opinion on submission of
any one of the State’s general conditions regarding the security,
administrative, economic and social sectors to the Pyidaungsu Hluttaw in which
the people’s representatives are members the organization concerned should
have the right to do so.
But
the constitutional Union level organizations should ask permission from the
Pyidaungsu Hluttaw Speaker in advance after consulting with him to
systematically submit the matter to the Pyidaungsu Hluttaw.
In
connection with the matter, the delegates should discuss whether the following
detailed basic principle should be laid down.
“The
Union level organizations formed under the constitution shall submit their
general condition, necessary to be presented to the Pyidaungsu Hluttaw, with the
permission of the Speaker.”
In
the constitutions of some global nations, the powers and functions of the
parliaments, the rights and privileges of the MPs are promulgated in them. In
some other countries they are promulgated in laws and bylaws in detail. I have
already explained that the Pyidaungsu Hluttaw sessions should permit the right
to present motions, discussions and questions. The Pyidaungsu Hluttaw members
should freely exercise the said rights to present motions, discussions and
questions.
Sub
section 1 of the section 68, the 1947 Constitution, stated, “Subject to the
provisions of this Constitution and to the rules and standing orders regulating
the procedure of the Parliament, there shall be freedom of speech in the
Parliament.” The fifth bylaw of the chapter 1 said that if the bylaws of the
joint sittings of the two chambers of the constitution have no further
promulgation, the bylaws of the Nationalities Chamber should be concerned with
the joint sittings of the two chambers. The chapter XIII concerns the questions,
the chapter XIV the important discussion for the people resulting from the
answers to the questions, the chapter XV the rules for presenting motions.
Concerning
the discussions and functions of the hluttaws, action can be taken against a
hluttaw member only in accord with the laws of the hluttaw. He can be free from
being charged under other laws.
The
sub section 2 of the section 68, the 1947 Constitution said, “In other
respects, the privileges of members of either Chamber of Parliament shall be
such as may, from time to time, be defined by an Act of the Parliament.” The
clause 1 of the Act 3 concerning the sharing of MP’s rights and privileges
said that an MP should be absolutely privileged for the motions, questions, bill
or other matters he wishes to ask or present to the Parliament or the Committee.
According to the section 2 the parliament means the two chambers of the
parliament or the two chambers holding a joint sitting.
The
Article 60 of the 1974 Constitution stated, “All deliberations and actions in
sessions of the Pyithu Hluttaw or of the Organs of the Pyithu Hluttaw are
absolutely privileged. No member shall be liable or punishable therefor, except
under the laws, rules and regulations of the Pyithu Hluttaw.”
According
to my clarifications, a detailed basic principle “Subject to the provisions
contained in the constitution and the Pyidaungsu Hluttaw law, the Pyidaungsu
Hluttaw members should have freedom of submission and speech and voting in the
Pyidaungsu Hluttaw”. Another detailed basic principle “The discussions and
the presentations in session of the Pyidaungsu Hluttaw are absolutely
privileged, except under the laws, of the Pyidaungsu Hluttaw” also be laid
down.
When
the Bill Committees of the Pyithu Hluttaw and the Amyotha Hluttaw forming as a
Joint Committee jointly study a bill to be discussed and approved at the
Pyidaungsu Hluttaw, subject to the laws contained in the constitution and
prescriptions of the Pyidaungsu Hluttaw law, the members of the joint body
should have freedom of speech, discussion and voting at the joint committee
meeting. The Joint Committee should be absolutely privileged, except under the
laws, of the Pyidaungsu Hluttaw.
I
have already explained that the constitutional Union level organizations have
the right to explain the matters concerning the bills submitted by them or a
matter under session at the Pyidaungsu Hluttaw that concerns them. I have
already explained that members of the
Concerning
the above-mentioned matters, the delegates should discuss whether the following
detailed basic principle should be laid down.
“(a)
Subject to the provisions contained in the constitution, and the provisions
stipulated in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw
shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the
Pyidaungsu Hlutttaw Joint Committee. Concerning the discussions and functions of
the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member
shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.
“(b)
Subject to the provisions contained in the constitution, and the provisions
stipulated in the Pyidaungsu Hluttaw law, members of organizations or persons
representing any one of the Union level organizations invited to attend the
Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against
such persons for their speeches except under the laws of the Pyidaungsu Hlurttaw.
“(c)
However, if the persons mentioned in the above para (a) and para (b) commit
physical assaults, they shall be liable to punishment according to the existing
law.”