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Matters
on detailed basic principles for legislation of Pyithu Hluttaw and
Amyotha Hluttaw to be included in
the judicial sector in formulating State Constitution clarified
I
have dealt with the adoption of the detailed basic principles regarding the
legislative functions of the Pyidaungsu Hluttaw. Now, I would like to clarify
the adoption of the detailed basic principles in relation to the legislative
functions of the Pyithu Hluttaw and the Amyotha Hluttaw.
One
of the detailed basic principles the National Convention has adopted
concerning the legislation said that the State’s legislative power is vested
in the Pyidaungsu Hluttaw, region Hluttaws and state Hluttaws, and legislative
power prescribed in the State Constitution, in self-administered zones. And
one of the detailed basic principles adopted for the formation of the
legislation said that the Pyidaungsu Hluttaw consists of the Pyithu Hluttaw
and the Amyotha Hluttaw.
According
to the principles adopted, the Pyithu Hluttaw and the Amyotha Hluttaw included
in the Pyidaungsu Hluttaw have to cooperate with each other in carrying out
the legislative functions, the major task of the Hluttaws, although the two
Hluttaws are formed separately.
Therefore,
the legislative functions of the Pyithu Hluttaw need to be as similar as those
of the Amyotha Hluttaw as far as it can. In this regard, I would like to
present the legislation of the Pyithu Hluttaw and the Amyotha Hluttaw as a
whole.
In
presenting legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw,
at first, I would like to deal with matters on the convening of the first
session of the Hluttaws. As regards the first session convened at the
beginning of the tenure of a Hluttaw, in some world nations the first sessions
are convened on specific days in connection with elections. Some nations fix
the date for convening the first sessions.
In
our country, a principle was adopted for the convening of the first regular
session of the Pyithu Hluttaw formed under the 1947 Constitution in connection
with the elections. Sub-section (1) of Section (84) of the 1947 Constitution
said that the general election for members of the Chamber of Deputies was to
take place not later than sixty days after the dissolution of the Chamber.
Sub-section (2) said that the Chamber of Deputies was to meet within sixty
days from the polling day. And Section (89) of the 1947 Constitution said that
the first meeting of the Chamber of Nationalities after the general election
shall take place on a date to be fixed by the President on the advice of the
Prime Minister.
There
may arise disputes if the launching day of the first regular session of the
Pyithu Hluttaw is fixed based on the date the elections terminate as
prescribed in the 1947 Constitution. In holding elections, responsible bodies
have to make arrangements for ensuring the holding of the elections
simultaneously on the same day across the
The
1947 Constitution said that a session of the Pyithu Hluttaw was to be launched
not later than sixty days after the elections. At that time, the population of
The
fixing of the launching day of the first regular session of the Amyotha
Hluttaw should be based on the launching day of the Amyotha Hluttaw. The
detailed basic principles for the legislation said that the tenure of the
Pyithu Hluttaw is five years starting from the day the Hluttaw convenes its
first session; that the tenure of the Amyotha Hluttaw is the same as that of
the Pyithu Hluttaw; that when the tenures of the Pyithu Hluttaw and the
Amyotha Hluttaw terminate on the same day. According to that detailed basic
principle, the tenure of the Amyotha Hluttaw comes into effect on the day the
tenure of the Pyithu Hluttaw starts and the first regular session of the
Pyithu Hluttaw takes place. Hence, a detailed basic principle should be
adopted that the day the tenure of the Amyotha Hluttaw comes into effect is
the day the tenure of the Pyithu Hluttaw begins; and that the first regular
session of the Amyotha Hluttaw shall take place not later than a week after
the commencement of the tenure of the Amyotha Hluttaw. The launching day of
the general elections is the day the election commission fixes for the people
to begin to cast votes.
So,
as regards the day the first regular session occurs or tenure of the Pyithu
Hluttaw comes into effect, the day the tenure of the Amyotha Hluttaw comes
into effect and the first regular session of the Amyotha Hluttaw is launched,
discussions are to be held and suggestions to be made so as to assess the fact
that the detailed basic principle:
Pyithu
Hluttaw
The
first regular session of the Pyithu Hluttaw shall be convened within 90 days
after the general election commences.
Amyotha
Hluttaw
(a)
The term of the Amyotha Hluttaw commences on the date on which the term of the
Pyithu Hluttaw commences.
(b)
The first regular session of the Amyotha Hluttaw shall be convened within
seven days after the commencement of the term of that Hluttaw.
should
be adopted or not.
I
would like to continue my discussion as to which body or person shall convene
the first regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw.
Sub-section
(2) of Section (231) of the 1947 Constitution said that such person as the
Constituent Assembly shall have elected in this behalf shall be the
Provisional President of the Union until a President has been duly elected
under Chapter V and shall exercise all the powers and discharge all the duties
conferred or imposed upon the President by this Constitution. Section (57) of
Chapter (5) of the constitution said that the Chamber of Deputies shall be
summoned, prorogued or dissolved by the President on the advice of the Prime
Minister. And Section (89) of Chapter (6) said that the first meeting of the
Chamber of Nationalities after the general election shall take place on a date
to be fixed by the President on the advice of the Prime Minister.
Article
(196) of the 1974 Constitution said that the Revolutionary Council of the
Union of Myanmar shall, continuing to exercise State sovereignty, carry out
during the interval between the coming into force of this Constitution and the
day the first session of the Pyithu Hluttaw is convened, all the functions of
the Pyithu Hluttaw under the Constitution. The work done by the Revolutionary
Council to bring the Constitution into force shall be deemed to have been
carried out in accordance with this Constitution. In accord with the
provision, the Revolutionary Council made arrangements for convening the first
session of the Pyithu Hluttaw after prescribing the 1974 Constitution.
Now,
the State Peace and Development Council has been exercising the three State
powers due to various reasons. So, I think the State Peace and Development
Council should convene the first sessions of the Pyithu Hluttaw and the
Amyotha Hluttaw in conformity with the forthcoming Constitution for ensuring
their systematization. Now, I would like to deal with matters for convening
the first regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw in
the terms after the constitution has come into force.
One of the detailed basic principles adopted by the National Convention for
the formation of legislation said that the Speaker and the Deputy-Speaker of
the Pyithu Hluttaw have to discharge duties until the first session of the
next Pyithu Hluttaw takes place. There has been adopted the detailed basic
principle that the Speaker and the Deputy-Speaker of the Amyotha Hluttaw have
to discharge duties until the first session of the next Amyotha Hluttaw is
launched. According to these detailed basic principles, the Speakers in the
tenures of respective previous Hluttaws should convene the first regular
sessions of the Pyithu Hluttaw and the Amyotha Hluttaw.
So,
in relation to the convening of first regular sessions of the Pyithu Hluttaw
and the Amyotha Hluttaw after the Constitution has come into force and first
regular sessions in the next terms of the Pyithu Hluttaw and the Amyotha
Hluttaw, discussions are to be held and suggestions to be made so as to assess
the fact that the detailed basic principle:
Pyithu
Hluttaw
(a)
The State Peace and Development Council shall convene the first regular
session of the Pyithu Hluttaw after the Constitution has come into force.
(b)
The Speaker of the Pyithu Hluttaw who continues to perform his duties in
accordance with provisions of this Constitution shall convene first regular
sessions for the next terms of the Pyithu Hluttaw.
Amyotha
Hluttaw
(a)
The State Peace and Development Council shall convene the first regular
session of the Amyotha Hluttaw after the Constitution has come into force.
(b)
The Speaker of the Amyotha Hluttaw who continues to perform his duties in
accordance with provisions of this Constitution shall convene first regular
sessions for the next terms of the Amyotha Hluttaw.
should
be adopted or not.
I
would like to discuss that members of the Pyithu Hluttaw and the Amyotha
Hluttaw are required to swear oaths at the first regular sessions of
respective Hluttaws.
It
is found that world nations practise the principle that a member of parliament
has to take oaths at respective Hluttaws. In Section (72) of the 1947
Constitution, it says that every member of either Chamber of Parliament shall
before taking his seat make and subscribe before the President, or a person
authorized by him, an oath or affirmation of allegiance in the form set forth
in the First Schedule to this Constitution. And the form of oaths is stated in
the first table of the Constitution.
In
Bylaw (4) of the Pyithu Hluttaw that was prescribed after the 1974
Constitution came into force, it says a member of parliament shall take oaths
as prescribed. And Bylaw (5) carries the form for taking oaths.
Some
of the detailed basic principles for the formation of the legislation adopted
by the National Convention said the Pyithu Hluttaw and the Amyotha Hluttaw
have to elect a member of parliament as the chairman in the first session of
respective Hluttaws. And the chairman has to take oaths in the Hluttaw and
supervise the session of Hluttaw till the Speaker and the Deputy-Speaker have
been elected. With reference to these detailed basic principles, a detailed
basic principle should be adopted that members of the Pyithu Hluttaw and the
Amyotha Hluttaw shall take oaths before respective Speakers at the first
regular sessions. However, despite being elected as members of the Pyithu
Hluttaw and the Amyotha Hluttaw, some may be absent from the first regular
sessions due to unavoidable reasons. In this regard, a principle should be
adopted that such Hluttaw members shall swear oaths at the session they attend
first. The Hluttaw Speaker concerned has to convene the next sessions. So, a
detailed basic principle should be adopted that the members of the Pyithu
Hluttaw and the Amyotha Hluttaw who are absent from the first sessions shall
take oaths before respective Hluttaw Speakers at the sessions they first
attend.
So,
in connection with the taking of oaths by members of the Pyithu Hluttaw and
the Amyotha Hluttaw, discussions are to be held and suggestions to be made to
decide that the detailed basic principle,
Pyithu
Hluttaw
(a)
Members of the Pyithu Hluttaw shall take oaths before the Chairman of the
Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw.
(b)
The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths
before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they
first attend. Amyotha Hluttaw (a) Members of the Amyotha Hluttaw shall take
oaths before the Chairman of the Amyotha Hluttaw at the first regular session
of the Amyotha Hluttaw.
(b)
The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths
before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they
first attend.
should
be adopted or not.
I
would like to explain matters related to the convening of regular sessions of
the Pyithu Hluttaw and the Amyotha Hluttaw.
It
is found that regarding the convening of regular sessions of Hluttaw, the
maximum number of sessions to be held in a year was fixed in Hluttaw law and
bylaw nation-wise. Some nations prescribed the convening of the session once a
year, while some nations three times a year.
Section
(66) of the 1947 Constitution said that there shall be a session of the
Parliament once at least every year so that twelve months shall not intervene
between the last sitting of the Parliament in one session and its first
sitting in the next session. Article (51) of the 1974 Constitution said that
regular sessions of the Pyithu Hluttaw shall be convened at least twice a
year. The interval between two sessions shall not exceed eight months. The
Council of State may summon a special or an emergency session of the Pyithu
Hluttaw where necessary.
The
Pyithu Hluttaw and the Amyotha Hluttaw will have to play a major role in the
legislative functions. So, supposing there is a principle to convene a regular
session at least once a year, regular session can be convened more than once
if necessary. And it would be proper if the maximum interval between two
regular sessions shall not exceed 12 months.
In
connection with the regular session of the Pyithu Hluttaw and the Amyotha
Hluttaw, discussions are to be held and suggestions to be made to decide the
matter that the detailed basic principle:
Pyithu
Hluttaw
The
Speaker of the Pyithu Hluttaw shall convene regular session of the Pyithu
Hluttaw at least once a year. The interval between two regular sessions shall
not exceed 12 months.
Amyotha
Hluttaw
The
Speaker of the Amyotha Hluttaw shall convene regular session of the Amyotha
Hluttaw at least once a year. The interval between two regular sessions shall
not exceed 12 months.
should
be adopted or not.
The
first day session of the Pyithu Hluttaw is valid if more than half the number
of
members who have the right to attend the Pyithu Hluttaw session, are present
YANGON,
19 Dec— The following is the presentation on clarification made by National
Convention Convening Work Committee Chairman on detailed basic principles for
legislation of Pyithu Hluttaw and Amyotha Hluttaw to be included in the
judicial sector in formulating State Constitution by Vice-Chairman of the
National Convention Convening Work Committee Attorney-General U Aye Maung at
the Plenary Session of the National Convention held on 14 December. I would
like to continue my discussions for laying down detailed basic principles with
regard to the matters to be carried out at the Pyithu Hluttaw and the Amyotha
Hluttaw.
Internationally,
there are some matters prescribed such as occasional speeches delivered by the
Head of State, reading messages sent by the Head of State, reading and
submitting the messages sent by Heads of other nations and the messages
permitted by the Speaker of the Hluttaw, submission of the bill, taking
measures in accord with the provision, dealing with and judgment, proposing,
raising queries, dealing with and judgment of other matters permitted by the
President of the Hluttaw.
To
deliver an address or send a message to the Hluttaw, the President of the
State lets the Hluttaw know the policy of the Government and administrative,
economic and social affairs of the State. It also means letting international
community know these matters through the Hluttaw. That is why the speeches
delivered and messages sent to the Hluttaw by the State President are
recorded. Section (61) of the 1947 Constitution said that the President may
communicate with the Parliament by message or address on any matter of
national or public importance.
The
Head of a nation sends messages to the Hluttaws of other nations occasionally.
Such messages are read out at the Hluttaw and recorded. So, a detailed basic
principle should be adopted that addresses delivered at the Hluttaw and
messages sent to the Hluttaw by the President, and the messages permitted by
the Hluttaw Speaker shall be put on record.
As
regards legislative functions, the major task of the Hluttaws, submission of a
bill, discussing such bills, and deciding to approve a bill or not, are
carried out at the Hluttaws. So, there should be a detailed basic principle
for submission, discussing, and approving of a bill at a Hluttaw session. I
will separately present the matter on drawing and submitting of a bill.
Respective
Hluttaws need to carry out tasks prescribed in the Constitution such as the
electing of chairman, Speaker and Deputy Speaker at the first session of a
Hluttaw, formation of Hluttaw committees, and formation of commissions and
groups if necessary. There might be some matters to be carried out by the
Pyithu Hluttaw and the Amyotha Hluttaw through coordination in the Chapters,
in which the National Convention will adopt detailed basic principles. So, in
order to cover these matters, in laying down detailed basic principles, there
should be a detailed basic principle for holding discussions on work to be
carried out by Hluttaws in accordance with the provisions of the Constitution.
It
is a tradition that in accord with the law, Hluttaws discuss, assess, and
record the reports submitted to them. Section 131 of the 1947 Constitution
said that the Auditor-General shall submit to the Chamber of Deputies, at such
periods as may be determined by law, reports relating to the accounts of the
There
might be reports submitted to the Pyithu Hluttaw and the Amyotha Hluttaw
according to the future Constitution or a law. In this regard, the Pyithu
Hluttaw and the Amyotha Hluttaw need to study such reports submitted by their
committees, as a matter. And if commissions are formed, there might be reports
submitted by these commissions. Therefore, a detailed basic principle should
be adopted for discussing, approving, and recording the reports submitted to
the Pyithu Hluttaw and the Amyotha Hluttaw.
In
the Hluttaws of world nations, proposals are submitted, and are under
discussion if there is a support for the proposals, and they are approved if
necessary. If the government makes a call for a matter to be carried out, it
is decided through proposals. Sometimes, proposals are submitted to adjourn
the ongoing session of the Hluttaw. Prescribed in detail in the parliamentary
law and bylaw are the methods of how to put forward proposals, discuss them
and make decisions. So, a detailed basic principle should be adopted that the
submitting, discussing and assessing of proposals are to be carried out in the
sessions of Hluttaw.
In
a nation, members of parliament raise queries if they wish to let the Hluttaw
know situations of the nation, and activities of the government or a
governmental department. Members of the bodies representing respective central
level bodies formed in accord with the Constitution have to reply to the
queries of the members of parliament. There are detailed provisions in
parliament law and bylaw with regard to replying to questions. Therefore,
raising and answering of queries shall be designated as a matter to be carried
out in the sessions of Hluttaw.
Speakers
of respective Hluttaws are responsible for systematically convening the
sessions of Hluttaws. So, a detailed basic principle shall be adopted that the
matters the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw have
permitted shall be under discussion at the respective Hluttaws.
With
regard to the matters that should be carried out at the sessions of the Pyithu
Hluttaw and the Amyotha Hluttaw, discussions are to be held and suggestions to
be made so as to decide that the detailed basic principle:
Pyithu
Hluttaw
The
following matters are carried out at the sessions of the Pyithu Hluttaw:
(a)
Recording the address delivered by the President
(b)
Reading out and recording the messages sent by the President and the messages
permitted by the Speaker
(c)
Submitting, discussing and making decision on a bill
(d)
Discussing and deciding the matters the Pyithu Hluttaw shall implement in
accord with the provisions of the Constitution
(e)
Discussing, deciding and recording the reports presented to the Pyithu Hluttaw
(f)
Submitting proposals, holding discussions and making decisions
(g)
Raising questions and giving replies
(h)
Implementing the matters permitted by the Speaker of Pyithu Hluttaw
Amyotha
Hluttaw
The
following matters are carried out at the sessions of the Amyotha Hluttaw.
(a)
Recording the address delivered by the President
(b)
Reading out and recording the messages sent by the President and the messages
permitted by the Speaker
(c)
Submitting, discussing and making decision on a bill
(d)
Discussing and deciding the matters the National Hluttaw shall implement in
accord with the provisions of the Constitution
(e)
Discussing, deciding and recording the reports presented to the National
Hluttaw
(f)
Submitting proposals, holding discussions and making decisions
(g)
Raising questions and giving replies
(h)
Implementing the matters permitted by the Speaker of National Hluttaw
should
be adopted or not.
I
would like to explain the matters on the minimum number of members attending
sessions of Hluttaw for validity.
Sub-section
(2) of Section (69) of the 1947 Constitution said that the number of members
necessary to constitute the quorum of either Chamber for the exercise of its
powers shall be determined by its rules. According to that provision, Pyithu
Hluttaw Rule of Procedure 18 said that the number of members including the
chairman shall be at lease 40 for validity of the session. Chamber of
Nationalities Rule of Procedure 18 said that a session of Chamber of
Nationalities is valid if it is attended by at lease 25 members. Article 207
of the 1974 Constitution said that the number of people’s representatives
which shall constitute the quorum at meetings of the Pyithu Hluttaw and the
People’s Councils at different levels shall be 75 per cent of all the
people’s representatives.
Regarding
the principle on the minimum number of members fixed for validity of a session
of Hluttaw, some nations prescribed such a principle in the Constitution, and
some nations, in the parliament law and bylaw. Among the nations in which the
minimum number of members is fixed for validity of a session of Hluttaw, some
nations fix the majority as the minimum number of members for validity, some
nations, one-tenth, one-fourth, or one-third respectively. It is found that
the minimum number of members is fixed based on the situations of respective
nations.
I
would like to make clarification as I held discussions in the Chapter of the
Pyidaungsu Hluttaw for validity of the sessions of the Pyithu Hluttaw and the
Amyotha Hluttaw. The minimum number of members needed for validity of Hluttaw
sessions shall be based on the number of members who have the right to attend
the sessions. Only then, will it be possible to avert disputes over the point
that the vacant seats that have not been filled due to various reasons, the
seats for the members who have been elected but have not taken oaths, and the
seats of the members who have passed away should be counted or not. In this
regard, it shall meet the number possible at any time to attend, but the
number shall not be very low to avoid the situation in which a decision has to
be made with votes of the minority of members.
Some
Hluttaw sessions are adjourned due to invalidity. Some valid Hluttaw sessions
have to be extended because the matters have to be under discussion for many
days. So, it is required to take into consideration the situations of
adjourned sessions and extended sessions in presuming the sessions to be valid
or not.
The
matters for fixing the minimum number of Hluttaw members for validity of the
first day session of the Pyithu Hluttaw or the Amyotha Hluttaw should be
presumed first. The first day session of the Pyithu Hluttaw or the Amyotha
Hluttaw shall be considered valid only if the majority of the members who have
the right to attend the session are present. If the first day session is not
valid, it shall be adjourned. The adjourned meetings and the valid meetings,
that are extended, shall be presumed valid if at least one-third of the Pyithu
Hluttaw members are present. Only then, will it be possible to avoid
unnecessary delay of Hluttaw functions due to the fact that the session has to
be adjourned many times because of invalidity.
So,
with respect to validity of the sessions of the Pyithu Hluttaw and the Amyotha
Hluttaw, discussions are to be held and suggestions to be made to decide the
point that the detailed basic principle:
Pyithu
Hluttaw
(a)
The first day session of the Pyithu Hluttaw is valid if more than half the
number of members who have the right to attend the Pyithu Hluttaw session, are
present. If a session is not valid it shall be adjourned.
(b)
The sessions that are adjourned under sub-para (a) due to invalidity and the
valid sessions that are extended are valid if at least one-third of the Pyithu
Hluttaw members are present.
Amyotha
Hluttaw
(a)
The first day session of the Amyotha Hluttaw is valid if more than half the
number of members who have the right to attend the Amyotha Hluttaw session,
are present. If the session is not valid it shall be adjourned.
(b)
The sessions that are adjourned under sub-para (a) due to invalidity and the
valid sessions that are extended are valid if at least one-third of the
Amyotha Hluttaw members are present.
should
be adopted or not.
I
would like to clarify the matters the Pyithu Hluttaw and the Amyotha Hluttaw
have to decide through the poll of Hluttaw members.
I
have explained in the section for the Pyidaungsu Hluttaw that in view of
decisions made through the poll of the members at the Hluttaw, it is found
that sometimes the validity is presumed based on the total number of members
present at respective Hluttaws, and sometimes based on the number of the
members who sat and cast votes at the Hluttaw session. In making an important
decision, it is presumed valid if it wins the votes of not less than
three-fourths of the Hluttaw members or the votes of less than the two-thirds
of the Hluttaw members present. In making a normal decision, it is presumed
valid if it wins the votes of more than half the total number of Hluttaw
members or the votes of more than half the total number of Hluttaw members
present.
I
have also explained in this section that in adopting detailed basic principles
for the nation-building sector by the National Convention, measures for
re-delineation of the nation’s territorial boundary shall be taken only if
it wins the votes of more than half of the members each of the Pyithu Hluttaw
and the Amyotha Hluttaw, and the votes of more than half of the Hluttaw
members from the region or state concerned. If this way is unsuccessful, the
case shall be submitted to the Pyidaungsu Hluttaw. And the case shall go on
only if it wins the votes of three-fourths of the Pyidaungsu Hluttaw members
or above. Similarly, measures for re-delineation of the territorial boundary
of a region or state shall be taken only if it wins the votes of three-fourths
and above of the members of the Pyidaungsu Hluttaw.
Such
a principle is prescribed specifically in the Constitution that it is required
to win the votes of a certain number of Hluttaw members to handle such an
important case. It is found that without prejudice to a specific principle,
Hluttaws of many nations exercise a principle with which they make a decision
with the votes of a majority of members present at the Hluttaw session in
addressing such an important matter.
Sub-section
(1) of Section (69) of the 1947 Constitution said that all questions at any
sitting or joint sitting of the Chamber shall, save as otherwise provided by
this Constitution, be determined by a majority of votes of the members present
and voting, other than the Speaker or person acting as such, who shall not
vote in the first instance, but shall have and exercise a casting vote in the
matter of an equality of votes. So, in making a decision in a matter for which
there is no specific principle in the Constitution and that does not call for
specific number of votes of the Pyithu Hluttaw and the Amyotha Hluttaw, I
think it would be proper if a detailed basic principle is adopted that such a
matter shall be decided through a majority of the members of the Pyithu
Hluttaw and the Amyotha Hluttaw.
As
the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw are responsible for
supervising the sessions of respective Hluttaws, save as otherwise provided by
the 1947 Constitution, a principle shall be adopted that they shall not vote
in the first instance, but shall have and exercise a casting vote in the
matters of an equality of votes. I have explained similar matters as regards
Pyidaungsu Hluttaw Speaker in my clarifications to the Chapter of Pyidaungsu
Hluttaw.
So,
regarding the right of Hluttaw Speakers in making a decision for which there
is no specific principle in the Constitution and that does not call for
specific number of votes of Hluttaw members for decision, approval, and
affirmation of the Pyithu Hluttaw, discussions are to be held and suggestions
to be made to decide the point that the detailed basic principle:
Pyithu
Hluttaw
(a)
Save as otherwise provided by this Constitution, a matter that should be
decided through voting shall be determined by a majority of votes of the
members present and voting.
(b)
The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as
the Speaker at the Pyithu Hluttaw shall not vote in the first instance in the
sessions of the Pyithu Hluttaw, but shall have and exercise a casting vote in
the matters of an equality of votes.
Amyotha
Hluttaw
(a)
Save as otherwise provided by this Constitution, a matter that should be
decided through voting shall be determined by a majority of votes of the
members present and voting.
(b)
The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as
the Speaker at the Amyotha Hluttaw sessions shall not vote in the first
instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a
casting vote in the matters of an equality of votes.
should
be adopted or not.
Now,
I would like to deal with the adoption of the detailed basic principles as
regards the power of respective Hluttaws to take actions against members of
the Pyithu Hluttaw and the Amyotha Hluttaw who are absent from a Hluttaw
session.
Hluttaw
members are to attend Hluttaw sessions and to carry out Hluttaw functions
regularly. If a member of Hluttaw cannot attend the session due to a sound
reason, he has to ask for leave. In the Constitutions of some nations, there
is a provision that if a member of Hluttaw is absent from Hluttaw sessions
without permission of Hluttaw for a certain number of days, Hluttaw can
declare his seat vacant. There are differences among the nations in fixing a
certain number of days for which a Hluttaw member shall not be absent from a
session in a row without permission of Hluttaw. In this regard, some countries
fix 40 days, and some countries, 60 days.
Sub-section
(3) of Section 73 of the 1947 Constitution said that if for a period of thirty
days a member of either Chamber is without permission of the Chamber absent
from all meetings thereof, the Chamber may declare his seat vacant. Provided
that in computing the said period of thirty days no account shall be taken of
any period during which the Chamber is prorogued, or is adjourned for more
than four consecutive days.
Today,
communication systems are advancing, so in the
In
computing absent days from a session, it shall compute the days a member is
absent from a meeting at a stretch. So, if a member is absent from a session
of the Pyithu Hluttaw or the Amyotha Hluttaw for 15 days consecutively, the
Hluttaw concerned has the power to declare his seat vacant. In computing
absent days without leave, there shall be an exception that the period for
which the Hluttaw concerned adjourns the session is not included.
In
the period the Pyidaungsu Hluttaw is in session, members of the Pyithu Hluttaw
and the Amyotha Hluttaw shall attend that session as members of the Pyidaungsu
Hluttaw. In my clarification to the Chapter of the Pyidaungsu Hluttaw, I
suggested that a detailed basic principle should be adopted regarding absence
without asking for leave from a session of the Pyidaungsu Hluttaw; that
members of the Pyithu Hluttaw and the Amyotha Hluttaw while attending the
session of the Pyidaungsu Hluttaw are to abide by the law, bylaw, rules and
regulations of their respective Hluttaws; that no separate action needs to be
taken against an absentee without leave, from a session of the Pyidaungsu
Hluttaw for many days successively and the Pyidaungsu Hluttaw’s Speaker is
to intimate the Hluttaws concerned to take against the absentee under the
rules prescribed. Rules shall be adopted in the law and bylaw of the Pyithu
Hluttaw, and the law and bylaw of the Amyotha Hluttaw to take action against a
member of the People Hluttaw or the Amyotha Hluttaw who fails to attend a
session of the Pyidaungsu Hluttaw.
With
reference to absence of members of the Pyithu Hluttaw and the Amyotha Hluttaw
from the sessions, discussions are to be held and suggestions to be made so as
to decide the matter that the detailed basic principle:
Pyithu
Hluttaw
(a)
The Pyithu Hluttaw may declare the seat of a member vacant in accord with the
rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave,
from a session for 15 days successively. Provided that in computing the said
period of 15 days no account shall be taken of any period during which the
session is prorogued or is adjourned.
(b)
The Pyithu Hluttaw shall take action against a member in accord with the rules
prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu
Hluttaw that that member is absent from the Pyidaungsu Hluttaw session for a
period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
Amyotha
Hluttaw
(a)
The Amyotha Hluttaw may declare the seat of a member vacant in accord with the
rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave,
from a session for 15 days successively. Provided that in computing the said
period of 15 days no account shall be taken of any period during which the
session is prorogued or is adjourned.
(b)
The Amyotha Hluttaw shall take action against a member in accord with the
rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha
Hluttaw that that member is absent from the Pyidaungsu Hluttaw session for a
period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
should
be adopted or not.
Even
if there are vacant seats, the Pyithu Hluttaw shall have the right to carry
out its tasks
YANGON,
19 Dec — The following is the presentation on clarification made by National
Convention Convening Work Committee Chairman on detailed basic principles for
legislation of Pyithu Hluttaw and Amyotha Hluttaw to be included in the
judicial sector in formulating State Constitution by Secretary of the National
Convention Convening Work Committee U Thaung Nyunt at the Plenary Session of
the National Convention held on 14 December.
In
holding general elections for the Pyithu Hluttaw and the Amyotha Hluttaw, some
seats for Hluttaw members may be vacant as elections are not available in some
constituencies due to a reason. Moreover, in a term of a Hluttaw, there may be
some vacancies owing to resignation and demise of some members. Despite vacant
seats in the Pyithu Hluttaw and the Amyotha Hluttaw due to various reasons,
the Pyithu Hluttaw and the Amyotha Hluttaw shall have the right to carry out
their duties and functions.
Besides,
there may be a case in which a person who is not entitled to attend the Pyithu
Hluttaw and the Amyotha Hluttaw sat, voted, or had participation in the
proceedings of the Hluttaw, is exposed later. Such a case shall be prevented.
A detailed basic principle shall be adopted to avert possible effects to the
decisions and activities carried out by the Hluttaws due to the fact that such
a person sat at a session of Hluttaw, voted, and participated in a function of
the Hluttaw.
Sub-section
(3) of Section (69) of the 1947 Constitution said that a Chamber of Parliament
shall have power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the Parliament shall be valid notwithstanding that it
is discovered subsequently that some person who was not entitled to do so sat
or voted or otherwise took part in the proceedings. Some neighbouring
countries also prescribe similar provisions.
Therefore,
regarding the matter to enable the functions of the Hluttaw to go on despite
some vacancies in the membership in the Pyithu Hluttaw and the Amyotha Hluttaw
and to avert hindrance to the decisions and function of Hluttaws due to the
fact that a person who is not entitled to attend the Hluttaw sat, voted and
had participation in the functions of Hluttaws, discussions are to be held and
suggestions to be made to decide the point that the detailed basic principle:
Pyithu
Hluttaw
Even
if there are vacant seats, the Pyithu
Hluttaw
shall have the right to carry out its tasks. Moreover, the session shall not
be annulled, if the acts of some person who was not entitled to do so, sat or
voted or took part in the proceedings are discovered later.
Amyotha
Hluttaw
Even
if there are vacant seats, the Amyotha Hluttaw shall have the right to carry
out its tasks. Moreover, the session shall not be annulled, if the acts of
some person who was not entitled to do so, sat or voted or took part in the
proceedings are discovered later.
should
be adopted or not.
I
would like to explain the fact that the people should have the right to know
the functions and records of the Pyithu Hluttaw and the Amyotha Hluttaw.
In
the Constitutions of many nations are provisions that enable the people to
know discussions and activities of the Legislative Hluttaw. By studying the
Constitutions of the world nations, it is found that the decisions and
activities of Hluttaws, except the ones that respective Hluttaws consider them
to be subject to national security, and the ones that are restricted under a
law, or an order of respective Hluttaws and released to the public.
So,
in our country, a principle should be adopted to enable the people know the
decisions and activities of the Pyithu Hluttaw and the Amyotha Hluttaw except
the ones that respective Hluttaws consider them to be subject to national
security, and the ones that are restricted under a law, or an order of
respective Hluttaws are released to the public.
In
connection with the right of the people to know activities and records of the
Pyithu Hluttaw and the Amyotha Hluttaw, discussions are to be held and
suggestions to be made to decide the point that the detailed basic principle:
Pyithu
Hluttaw
The
functions and records of Pyithu Hluttaw shall be published for public
information. But the functions and records restricted by a law or decisions of
the Pyithu Hluttaw shall not be published.
Amyotha
Hluttaw
The
functions and records of Amyotha Hluttaw shall be published for public
information. But the functions and records restricted by a law or decisions of
the Amyotha Hluttaw shall not be published.
should
be adopted or not.
Now,
I would like to deal with the duties and proceedings of the Pyithu Hluttaw and
the Amyotha Hluttaw.
I
have clarified the matters related to the duties and authority of the
Pyidaungsu Hluttaw. In my clarification, I explained a detailed basic
principle should be adopted regarding that the matters included in the Union
Legislative list of the Pyidaungsu Hluttaw would be submitted first to either
the Pyithu Hluttaw or the Amyotha Hluttaw, both of which are parts of the
Pyidaungsu Hluttaw. A bill approved by both Hluttaws shall be presumed to be
that of the Pyidaungsu Hluttaw.
Among
the matters to be included in the Union Legislative List I presented in the
sector for delegation of legislative power, the bills for which decisions
shall be made promptly or in a limited period of time in the interests of
Except
the matters prescribed in the Constitution that must be submitted to and
judged only at the Pyidaungsu Hluttaw, with respect to the remaining matters
prescribed in the Union Legislation List, bills should be submitted to the
Pyithu Hluttaw or the Amyotha Hluttaw. If so, the bills can be discussed
thoroughly in a sufficient period at the two Hluttaws. I will have to make
clarification to the principles of the tasks in connection with the bills
submitted to the Pyithu Hluttaw or the Amyotha Hluttaw when I present the
detailed basic principles on submission of bills.
So,
of the matters prescribed in the Union Legislation List, with respect to the
matters for which bills should be submitted initially to the Pyithu Hluttaw
and the Amyotha Hluttaw except the ones to the Pyidaungsu Hluttaw, discussions
are to be held and suggestions to be made to decide the point that the
detailed basic principle:
Pyithu
Hluttaw
Of
the matters included in the Union Legislative List, except the matters
prescribed in this Constitution which shall be initiated exclusively in the
Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Pyithu
Hluttaw according to the prescribed provisions.
Amyotha
Hluttaw
Of
the matters included in the Union Legislative List, except the matters
prescribed in this Constitution which shall be initiated exclusively in the
Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Amyotha
Hluttaw according to the prescribed provisions.
should
be adopted or not.
I
would like to present the matters to adopt detailed basic principles to invest
the Pyithu Hluttaw and the Amyotha Hluttaw with authority as regards
dissolution of or amendment to bylaw, rules or regulations promulgated under
an act.
In
my clarification to the duties and authority of the Pyidaungsu Hluttaw, I
suggested that detailed basic principles be adopted for the matters such as a
Union level organ formed under the Constitution shall be invested with
authority, provided that a bylaw, rules or regulations shall be prescribed
when the Pyidaungsu Hluttaw promulgated an act, such bylaw, rules and
regulations shall be in conformity with the provisions of respective acts; if
both the Pyithu Hluttaw and the Amyotha Hluttaw decide to abrogate or amend
the bylaw, rules and regulations that do not conform with the provisions
concerned, it is to be presumed that the Pyidaungsu Hluttaw annuls or amends
such bylaw, rules and regulations.
In
enacting bylaws, rules or regulations, members of the Pyithu Hluttaw and the
Amyotha Hluttaw shall ascertain that such bylaws, rules or regulations are in
accordance with respective provisions or not. And respective organs shall
submit the bylaws, rules or regulations issued by themselves to the members of
the Pyithu Hluttaw and the Amyotha Hluttaw at the nearest session of the
Pyithu Hluttaw and the Amyotha Hluttaw. These bylaws, rules or regulations
shall be submitted under the programmes permitted by the Speaker to ensure
systematization.
In
this regard, a sufficient period shall be fixed to enable the members of
Hluttaws to know whether such bylaws, rules or regulations are in conformity
with respective provisions or not. If a member finds out that a bylaw, rule or
regulation does not meet the provisions of the act concerned, he shall have
the right to submit the matter to the Hluttaw concerned in a fixed period to
dissolve that bylaw, rule or regulation, or to have the organ concerned to
amend it. It will be a sufficient period to study respective bylaws, rules or
regulations if it is fixed that Hluttaw members can put forward a proposal to
the Hluttaw concerned within 90 days from the date bylaws, rules or
regulations are released.
If
there is a support for the proposal of a Hluttaw member to dissolve or make
amendment to a bylaw, rule, or regulation, the proposal shall be discussed and
decided at the Hluttaw concerned. Should a proposal need to be decided at the
Pyithu Hluttaw to annul or amend a bylaw, rule or regulation, the Pyithu
Hluttaw shall forward its decision to the Amyotha Hluttaw to decide the case.
Likewise, The Amyotha Hluttaw shall do so. Only then, will there be the
decision of both Hluttaws.
I
had discussed in the Chapter of the Pyidaungsu Hluttaw that a detailed basic
principle should be adopted that if both the two Hluttaws unanimously make a
decision to dissolve or amend a bylaw, rule, or regulation that is not in
conformity with the provisions of the act concerned, the decision shall be
presumed to be that of the Pyidaungsu Hluttaw. A detailed basic principle
shall also be adopted that when two Hluttaws do not reach a consensus, the
Pyidaungsu Hluttaw shall decide the case. With reference to this presentation,
I would like to make a suggestion that in the Chapter of the Pyithu Hluttaw
and the Amyotha Hluttaw, the two Hluttaws do not reach a consensus, the case
shall be submitted to the Pyidaungsu Hluttaw.
As
regards the matter that the body concerned shall submit a bylaw, rule, or
regulation, to be adopted under an act, to the Pyithu Hluttaw and the Amyotha
Hluttaw, and prescribing methods under which measures need to be taken when it
is found that a bylaw, rule, or regulation is not in conformity with the
provisions of the act concerned, discussions are to be held and suggestions to
be made to decide the point that the detailed basic principle:
Pyithu
Hluttaw
(a)After
issuing a bylaw, rule or regulation in line with the law enacted by the
Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or
regulation to the Pyithu Hluttaw members at the nearest regular session of
Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu
Hluttaw.
(b)If
it is found that a bylaw, rule or regulation is not in conformity with the
provisions of the law concerned, Hluttaw members can submit a proposal to
annul or amend the bylaw, rule or regulation to the Pyithu Hluttaw within 90
days from the date that bylaw, rule or regulation is circulated.
(c)
If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in
making a decision to annul or amend a bylaw, rule or regulation, it shall be
presented to the Pyidaungsu Hluttaw.
Amyotha
Hluttaw
(a)
After issuing a bylaw, rule or regulation in line with the law enacted by the
Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or
regulation to the Amyotha Hluttaw members at the nearest regular session of
Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha
Hluttaw.
(b)
If it is found that a bylaw, rule or regulation is not in conformity with the
provisions of the law concerned, Hluttaw members can submit a proposal to
annul or amend the bylaw, rule or regulation to the Amyotha Hluttaw within 90
days from the date that bylaw, rule or regulation is circulated.
(c)
If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in
making a decision to annul or amend a bylaw, rule or regulation, it shall be
presented to the Pyidaungsu Hluttaw.
should
be adopted or not.
I
would like to continue my clarification to matters for submission and
approving of bills to the Pyithu Hluttaw and the Amyotha Hluttaw.
While
I explained the submission and approving of bills to the Pyidaungsu Hluttaw,
to adopt detailed basic principles, I made suggestions that the organs at the
Union level formed under the Constitution have the power to submit, of the
matters included in the Union Legislation List, bills on administrative
measures the organs take themselves, to the Pyidaungsu Hluttaw in line with
the procedures prescribed; that national plans, annual budget and bills on
taxation shall be submitted by the Union Government, and shall be under
discussion only at the Pyidaungsu Hluttaw; except the bills prescribed in the
Constitution to be discussed only at the Pyidaungsu Hluttaw, the remaining
bills can be under discussion in accord with the procedures at the Pyithu
Hluttaw or the Amyotha Hluttaw.
If
the Pyidaungsu Hluttaw forwards the bill, submitted by a body at Union level
formed under the Constitution, to the Pyithu Hluttaw, the bill shall be
presumed to be the one submitted to the Pyithu Hluttaw first, and shall be
dealt at the Pyithu Hluttaw. If a bill is forwarded to the Amyotha Hluttaw, it
shall be presumed to be the one submitted to the Amyotha Hluttaw first and
shall be dealt at the Amyotha Hluttaw.
Among
the rights of the members of the Legislative Hluttaw, the one under which a
bill can be submitted is an important power, so members of the Pyithu Hluttaw
and the Amyotha Hluttaw have the power to submit a bill to respective Hluttaws.
However, of the matters stated in the Union Legislation List of the
Constitution, except the matters prescribed to be under discussion only at the
Pyidaungsu Hluttaw, members of the Pyithu Hluttaw and the Amyotha Hluttaw have
the power to present the bills related to the remaining matters. There should
be a detailed basic principle that the bills submitted by members of the
Pyithu Hluttaw shall be discussed and decided at the Pyithu Hluttaw; and the
bills submitted by members of the Amyotha Hluttaw shall be discussed and
decided at the Amyotha Hluttaw.
While
I made clarification to the Chapter of the Pyidaungsu Hluttaw, I suggested
that a detailed basic principle be adopted that the bill, submitted to the
Pyithu Hluttaw or the Amyotha Hluttaw first, is approved by both Hluttaws, the
bill shall be presumed to be the one approved by the Pyidaungsu Hluttaw. So,
it is required to take measures so that a bill approved by a Hluttaw can be
discussed and decided at the other Hluttaw. In this regard, the bill submitted
first and approved at the Pyithu Hluttaw shall be forwarded to the Amyotha
Hluttaw and vice versa. If the bills submitted by a Union level body formed
under the Constitution are not approved by a Hluttaw, the Union level body
concerned can take steps to submit them to the other Hluttaw in coordination
with the Speaker of the Pyidaungsu Hluttaw. So, the bills submitted by Union
level bodies formed under the Constitution can be under discussion for a
decision at both Hluttaws. I will have to explain procedures to be carried out
if the two Hluttaws do not reach an agreement.
Therefore,
with respect to submission of a bill to the Pyithu Hluttaw and the Amyotha
Hluttaw, discussions are to be held and suggestions to be made to decide the
point that the detailed basic principle:
Pyithu
Hluttaw
(a)
If the Pyidaungsu Hluttaw sends the bills submitted by a Union level
organization formed under the Constitution to the Pyithu Hluttaw in accordance
with prescribed provisions, they shall be presumed that the bills are
initiated in the Pyithu Hluttaw and shall be discussed and passed resolution
in the Pyithu Hluttaw.
(b)
Of the matters stated in the Union Legislation List, except the matters
prescribed in the Constitution for which bills shall be submitted to the
Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the
right to initiate the bills related to the remaining matters in the Pyithu
Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line
with the prescribed provisions.
(c)
The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha
Hluttaw for holding discussions and making a decision.
Amyotha
Hluttaw
(a)
If the Pyidaungsu Hluttaw sends the bills submitted by a Union level
organization formed under the Constitution to the Amyotha Hluttaw in
accordance with prescribed provisions, they shall be presumed that the bills
are initiated in the Amyotha Hluttaw and shall be discussed and passed
resolution in the Amyotha Hluttaw.
(b)Of
the matters stated in the Union Legislation List, except the matters
prescribed in the Constitution for which bills shall be submitted to the
Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the
right to initiate the bills related to the remaining matters in the Amyotha
Hluttaw. Such bills shall be under discussion at the Amyotha Hluttaw in line
with the prescribed provisions.
(c)The
bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw
for holding discussions and making a decision.
should
be adopted or not.
