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Members
of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu
Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of
the Constitution and the Pyithu Hluttaw
YANGON,
20 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 Member of the National
Convention Convening Commission Deputy Minister for Information U Thein Sein
at the Plenary Session of the National Convention held on 14 December.
Regarding
a bill submitted with the approval of a Hluttaw, I would like to present the
right of the other Hluttaw to discuss and approve it.
In
some nations, each of which form two Hluttaws, a Hluttaw has the power to
decide a bill, sent by the other Hluttaw, to approve it or not. When it is
decided to approve the bill, a Hluttaw has the right to make some amendments
to it. Section 98 and Section 99 of the 1947 Constitution showed that our
nation practiced a similar procedure in the time of the Chamber of Deputies
and the Chamber of Nationalities.
Future
Pyithu Hluttaw and Amyotha Hluttaw will have to keep in touch with each other
in dealing with bills. If a bill approved by the Amyotha Hluttaw is to be
under discussion at the Pyithu Hluttaw, the latter has the power to make a
decision that the bill meets with its approval or not, or to show its approval
attached with some amendments to the bill. The Pyithu Hluttaw, after making a
decision on the bill, has to return the bill alongside its decision, to the
Amyotha Hluttaw.
Similarly,
a bill sent with the approval of the Pyithu Hluttaw is to be under discussion
at the Amyotha Hluttaw, the latter has the right to make a decision that the
bill meets with its approval or not, or to show its approval attached with
some amendments to the bill if necessary. The Amyotha Hluttaw, after making a
decision on the bill, has to return the bill alongside its decision, to the
Pyithu Hluttaw.
I
made a suggestion in my clarification in the Chapter of the Pyidaungsu Hluttaw
that a detailed basic principle be adopted that a bill submitted to the Pyithu
Hluttaw or the Amyotha Hluttaw first, meets with the approval of both Hluttaws,
it shall be presumed to be the approval of the Pyidaungsu Hluttaw. If the bill
sent with the approval of the Pyithu Hluttaw meets with the approval of the
Amyotha Hluttaw, or the bill sent with the approval of the Amyotha Hluttaw
meets with the approval of the Pyithu Hluttaw, the bill would be the one that
the Pyidaungsu Hluttaw approves.
If
the Amyotha Hluttaw returns a bill, sent by the Pyithu Hluttaw to the Amyotha
Hluttaw, with some amendments, to the latter, it would need to hold
discussions on the amendments at the Pyithu Hluttaw to decide whether they are
acceptable or not. Similarly, if the Pyithu Hluttaw returns a bill, sent by
the Amyotha Hluttaw to the Pyithu Hluttaw, with some amendments, to the
latter, it would need to hold discussions on the amendments at the Amyotha
Hluttaw to decide whether they are acceptable or not. In the process, if the
Pyithu Hluttaw decides to accept the amendments of the Amyotha Hluttaw, or the
Amyotha Hluttaw decides to accept the amendments of the Pyithu Hluttaw, the
bills will be the ones the Pyidaungsu Hluttaw shall approve. So, there shall
be a rule that respective Hluttaws shall forward the bills to the Speaker of
the Pyidaungsu Hluttaw so that tasks can be carried out sector-wise to enact a
law under the signature of the President of the State.
Sometimes,
both Hluttaws can approve a bill, but sometimes, they do not reach an
agreement. It needs to adopt a rule that if the two Hluttaws do not reach a
consensus, they shall seek the decision of the Pyidaungsu Hluttaw. In the
process, the Hluttaw that discusses the bill first shall be responsible to the
decision of the Pyidaungsu Hluttaw.
Regarding
the right, in sending a bill approved by the Pyithu Hluttaw to the Amyotha
Hluttaw or a bill approved by the Amyotha Hluttaw to the Pyithu Hluttaw, of
the Hluttaw that receives the bill, discussions are to be held and proposals
to be submitted so as to decide the point that the detailed basic principle:
Pyithu
Hluttaw
(a)
After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can
make a decision that it agrees or disagrees, or agrees with amendments. The
Pyithu Hluttaw shall return the bill together with its decision to the Amyotha
Hluttaw.
(b)
When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the
Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to
the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the
Amyotha Hluttaw.
(c)
The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it
disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu
Hluttaw to the Amyotha Hluttaw.
Amyotha
Hluttaw
(a)
After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can
make a decision that it agrees or disagrees, or agrees with amend-ments. The
Amyotha Hluttaw shall return the bill together with its decision to the Pyithu
Hluttaw.
(b)
When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the
Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to
the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the
Pyithu Hluttaw.
(c)
The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it
disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu
Hluttaw to the Amyotha Hluttaw.
shall
be adopted or not.
In
my clarification in the legislative functions of the Pyidaungsu Hluttaw, I
suggested a detailed basic principle be adopted that the Union level organs
formed under the Constitution have the power to submit bills to the Pyidaungsu
Hluttaw; that they shall also submit the matters prescribed in the
Constitution, that are to be carried out in line with the Pyidaungsu
Hluttaw’s decision and approval, to the Pyidaungsu Hluttaw; that in such
matters, members representing a Union level body formed under the Constitution
shall have the power to submit reports and hold discussions at the Pyidaungsu
Hluttaw; and that such members representing a Union level body, while
attending the sessions of the Pyidaungsu Hluttaw with the permission of the
Speaker, shall have the right to make clarification and hold discussions on
the bills of respective bodies.
Members
of a Union level body formed under the Constitution would have the right to
clarify and discuss the matters related to the bills of respective bodies at
the Pyithu Hluttaw and the Amyotha Hluttaw too. Generally, before bills
submitted to a body or other matters are under discussion at Hluttaws,
respective committees and commissions scrutinize the bills and matters. So,
with the permission of respective committees and commissions or the heads,
such members shall have the power to hold discussions on their bills and
matters at the committees formed in the Pyithu Hluttaw and the Amyotha Hluttaw,
at the commissions occasionally formed in the Pyithu Hluttaw and the Amyotha
Hluttaws, and at subcommittees along with the sessions of the Pyithu Hluttaw
and the Amyotha Hluttaw.
The
right of holding discussions in the session of the Pyithu Hluttaw and the
Amyotha Hluttaw represents the right of submission of a bill, dealing with
matters on the bill, making further clarification if necessary in response to
the discussions of Hluttaw members, clarifying a matter submitted by
respective bodies to the Hluttaw or a matter concerning respective bodies, and
replying to the queries on the matter related to respective bodies raised by
Hluttaw members.
So,
regarding the right of members representing a Union level body formed under
the Constitution to hold discussions at the sessions of the Pyithu Hluttaw or
the Amyotha Hluttaw, and the meetings of Hluttaw committee or commission, and
the meetings of both Hluttaws, discussions are to be held and proposals to be
submitted to decide the point that the detailed basic principle:
Pyithu
Hluttaw
Members
of a Union level body formed under the Constitution shall have the right—
(a)
to explain and discuss the bills and other matters of their bodies while
attending a session of the Pyithu Hluttaw with the permission of the Speaker
of the Pyithu Hluttaw.
(b)
to explain and discuss the bills and other matters of their bodies while
attending sessions of the committee, commission and bodies of the Pyithu
Hluttaw with the permission of the heads of these committee, commission and
bodies.
Amyotha
Hluttaw
Members
of a Union level body formed under the Constitution shall have the right—
(a)
to explain and discuss the bills and other matters of their bodies while
attending a session of the Amyotha Hluttaw with the permission of the Speaker
of the Amyotha Hluttaw.
(b)
to explain and discuss the bills and other matters of their bodies while
attending sessions of the committee, commission and bodies of the Amyotha
Hluttaw with the permission of the heads of these committee, commission and
bodies.
should
be adopted or not.
I
would like to explain the duties and authority of the Speakers of the Pyithu
Hluttaw and the Amyotha Hluttaw.
In
laying down detailed basic principles for the formation of the legislation,
the National Convention adopted a detailed basic principle that the Speaker
and Deputy Speaker of the Pyithu Hluttaw and the Speaker and Deputy Speaker of
the Amyotha Hluttaw shall be invested with duties, authority and rights under
law. Regarding the major tasks and rights of the Speakers of the Pyithu
Hluttaw and the Amyotha Hluttaw, a detailed basic principle shall be adopted
for setting up standards to be applied in investing the Speakers of the Pyithu
Hluttaw and the Amyotha Hluttaw with duties and rights in accord with the law.
The
Speakers of Hluttaws are responsible for supervising sessions of Hluttaws, and
successful completion of proceedings at a session of Hluttaw. Simultaneously,
they also shall supervise discussions of Hluttaw members in a session of
Hluttaw to be in accordance with Hluttaw provisions.
In
addition, the Speaker has to supervise a session of Hluttaw by making a
decision in line with Hluttaw law for a matter being dealt with at a Hluttaw
session, and warning and taking action against a member under Hluttaw law if
his deeds or words are not in conformity with the rules.
In
my clarification to sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, I
dealt with a matter that the President of the State, as well as the Head of
State, addresses the sessions. The Hluttaw concerned shall welcome the
President of the State if he informs the wishes to deliver a speech at a
session of the Pyithu Hluttaw or the Amyotha Hluttaw. The Speaker of the
Hluttaw concerned shall be invested with the responsibility to invite the
President of the State to deliver a speech after fixing a time and date
convenient for both the President and the Hluttaw concerned.
The
Hluttaw Speaker concerned shall, if he presumes it will enhance the interests
of the people, have the right to invite members or persons representing a
Union level body formed under the Constitution to a session of the Pyithu
Hluttaw and the Amyotha Hluttaw to explain the bills being under discussion at
the Pyithu Hluttaw or the Amyotha Hluttaw or other matters.
A
detailed basic principle shall be adopted regarding the duties to be carried
out by the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw in accord
with the Constitution to cover the duties and powers of the Speakers of the
Pyithu Hluttaw and the Amyotha Hluttaw that may be included in the detailed
basic principles to be adopted for the next Chapters.
So,
with respect to the duties and powers of the Speakers of the Pyithu Hluttaw
and the Amyotha Hluttaw, discussions are to be held and proposals to be
submitted to decide a point that the detailed basic principle:
Pyithu
Hluttaw
The
Speaker of the Pyithu Hluttaw shall have the right—
(a)
to supervise sessions of the Pyithu Hluttaw.
(b)
to invite the President of the
(c)
to invite members or persons representing a Union level body formed under the
Constitution to a session of the Pyithu Hluttaw if necessary for a matter
under way at a session of the Pyithu Hluttaw.
(d)
to discharge other duties and functions prescribed under the Constitution or a
law.
Amyotha
Hluttaw
The
Speaker of the Amyotha Hluttaw shall have the right—
(a)
to supervise sessions of the Amyotha Hluttaw.
(b)
to invite the President of the
(c)
to invite members or persons representing a Union level body formed under the
Constitution to a session of the Amyotha Hluttaw if necessary for a matter
under way at a session of the Amyotha Hluttaw.
(d)
to discharge other duties & functions prescribed under Constitution or a
law.
should
be adopted or not.
I
would like to explain matters related to rights of members of the Pyithu
Hluttaw and Amyotha Hluttaw.
Hluttaws
of world nations prescribe rights of their members. Some nations prescribe
such rights in the Constitution, and some nations in Hluttaw law and bylaw.
In
my clarification to members of the Pyidaungsu Hluttaw, I explained provisions
that Section 68 of the 1947 Constitution said that 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, and no member of the Parliament shall be liable to any proceedings
in any Court in respect of anything said or any vote given by him in the
Parliament or any Committee thereof, and no person shall be so liable in
respect of publication by or under the authority of a Chamber of the
Parliament of any report, paper, votes, or proceedings. 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.
With
reference to this Section, Sub-section (1) of Section (3), of 1959 Parliament
Members Authority and Privileges Act said that no member of Parliament shall
be liable to any proceedings in any Court in respect of anything discussed,
said, or vote given by him, or other proceedings in the Parliament or any
Committee. Hluttaw means an assembly of parliament or two assemblies that are
jointly holding a meeting. Section (2) of the 1959 Parliament Members Power
and Privileges Act said committee means temporary or permanent committee of
parliament and committee of two assemblies.
Article
60 of the 1974 Constitution said that all deliberations 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.
Rights
and privileges of Hluttaw members were prescribed in Article 37 of the 1974
Constitution. Among them, a privilege is that regarding the proceedings in
Hluttaw or Hluttaw organs, no member of Parliament shall be liable to any
proceedings in any Court except parliament.
Members
of the Pyithu Hluttaw and the Amyotha Hluttaw that would be formed in future
shall have similar privileges. Members of the Pyithu Hluttaw and the Amyotha
Hluttaw shall have freedom of speech and vote at any meetings held in
respective Hluttaws, and Hluttaw committee meetings held in the compound of
Hluttaw if subject to the provisions of the Constitution and the acts of
respective Hluttaws.
Hluttaw
committees are such committees to be formed in the Pyithu Hluttaw and the
Amyotha Hluttaw stated in laying down detailed basic principles for
legislative formation as bill committee, public accounts committee, Hluttaw
privileges committee, committee for scrutinizing government guarantees,
committees on defence and security, legislation, administration, national
races affairs, economy, finance, social and foreign affairs that will be
formed for a period by respective Hluttaws when necessary, committees to be
formed for a period by respective Hluttaws when necessary for other affairs,
and joint-committees to be formed when two Hluttaws need to make a
joint-study.
I
also explained that members or persons representing a Union level body formed
under the Constitution shall, under the permission of the Speakers of
respective Hluttaws, have the right to hold discussions on matters relating to
their bodies at sessions of the Pyithu Hluttaw and the Amyotha Hluttaw. And a
detailed basic principle shall be adopted that Speakers of respective Hluttaws
shall have the right to invite members or persons representing a Union level
body formed under the Constitution if necessary for holding discussions on
ongoing matters at Hluttaw sessions.
Members
representing a Union level body formed under the Constitution who will have
the right to attend sessions of the Pyithu Hluttaw or the Amyotha Hluttaw, and
members and persons from that body invited to sessions of the Pyithu Hluttaw
or the Amyotha Hluttaw shall have freedom of speech at respective Hluttaw,
subject to the provisions of the Constitution and respective Hluttaws.
It
is required to avoid words opposed to the provisions of the Constitution and
respective Hluttaws in enjoying freedom of speech. If a member violates such
right, he will have to be taken action under the act of respective Hluttaws.
If such a case occurs in the Hluttaw, action shall be taken under a Hluttaw
act but not other acts.
However,
respective members are required to avoid attacking physically in applying such
privilege in order not to tarnish the dignity of Hluttaw. Action shall be
taken against a member if he commits physical attack.
A
detailed basic principle has been adopted in the legislative formation that
the Pyithu Hluttaw and the Amyotha Hluttaw have the right to form commission
and bodies if necessary to study matters except what the Hluttaw committee
study. In the process, it is prescribed that commissions and committees shall
be formed with members of respective Hluttaws or suitable persons. Like
Hluttaw members, the citizens belonging to such commissions or committees
shall have the freedom of speech and vote in meetings of the commissions and
committees held in the compound of Hluttaw.
Regarding
the privileges of the members of the Pyithu Hluttaw and the Amyotha Hluttaw,
and members and persons representing a body formed under the Constitution who
are permitted to attend or invited to Hluttaw meetings, discussions are to be
held and proposals to be submitted to decide the point that the detailed basic
principle:
Pyithu
Hluttaw
(a
) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in
the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the
provisions of the Constitution and the Pyithu Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Pyithu
Hluttaw.
(b)
Members or persons representing a Union level body formed under the
Constitution who are permitted to attend or invited to a session of the Pyithu
Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech
in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the
provisions of the Constitution and the Pyithu Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Pyithu
Hluttaw.
(c)
Action shall be taken against those members stated in sub-paragraphs (a) and
(b) in accordance with the existing laws if they make physical assault in
enjoying the privileges.
Amyotha
Hluttaw
(a)
Members of the Amyotha Hluttaw shall have the freedom of speech and vote in
the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the
provisions of the Constitution and the Amyotha Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Amyotha
Hluttaw.
(b)
Members or persons representing a Union level body formed under the
Constitution who are permitted to attend or invited to a session of the
Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom
of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw,
subject to the provisions of the Constitution and the Amyotha Hluttaw. No
action shall be taken against such persons for their speeches, except under
the law of Amyotha Hluttaw.
(c)
Action shall be taken against those members stated in sub-paras (a) and (b) in
accordance with the existing laws if they make physical assault in enjoying
the privileges.
should
be adopted or not.
The
reports, documents and records published by the Pyithu Hluttaw or under its
authority shall be privileged
YANGON,
20 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 Member of the National
Convention Convening Commission Supreme Court Judge Dr Tin Aung Aye at the
Plenary Session of the National Convention held on 14 December.
I
would like to explain the procedures to be carried out when there arise a case
to arrest a member of the Pyithu Hluttaw or the Amyotha Hluttaw.
Sub-Article
(A) of Article (59) of the 1974 Constitution said that if need should arise to
arrest any member of the Pyithu Hluttaw while it is in session, reliable
evidence in support of such need shall be produced before the Panel of
Chairmen. No such arrest shall be made without the prior approval of the Panel
of Chairmen. And Sub-Article (B) said that if need should arise to arrest any
member of the Pyithu Hluttaw belonging to any organs of the Pyithu Hluttaw,
while such organ is in session, reliable evidence in support of such need
shall be produced before the Council of State. No such arrest shall be made
without the prior approval of the Council of State. And Sub-Article (C) said
that if any member of the Pyithu Hluttaw is arrested while the Pyithu Hluttaw
or any organ of the Assembly to which he belongs is not in session the arrest
and reliable evidence in support thereof shall be submitted to the Council of
State as soon as possible.
In
my clarification to the Chapter of the Pyidaungsu Hluttaw, I suggested that a
detailed basic principle should be adopted that if it is needed to arrest a
member attending a session of the Pyidaungsu Hluttaw, or a person attending a
Hluttaw session under the permission or invitation of the Speaker of the
Pyidaungsu Hluttaw, reliable evidence are to be submitted to the Speaker. And
such a member or person shall not be arrested without the prior approval of
the Speaker. Members of the Pyithu Hluttaw and the Amyotha Hluttaw shall have
access to such privilege. A detailed basic principle should be adopted that if
it is needed to arrest a member of the Amyotha Hluttaw attending a session of
the Pyithu Hluttaw or the Amyotha Hluttaw or a person attending a Hluttaw
session under the permission or invitation of the Speaker of the Hluttaw,
reliable evidences shall be submitted to the Speaker, and such a member or
person shall not be arrested without a prior approval of the Speaker.
The
Pyithu Hluttaw and the Amyotha Hluttaw have Hluttaw committees, commissions
and bodies consisting of Hluttaw members. A principle shall be adopted that
should need arise to arrest a member of such a committee, commission or body
while the Hluttaw committees, commissions and bodies are in session, prior
approval of the Speaker of the Hluttaw shall be sought through the head of
respective committees, commissions and bodies.
According
to the detailed basic principle adopted in the legislative formation that the
Pyithu Hluttaw and the Amyotha Hluttaw have the right to form commission and
bodies with Hluttaw members and suitable citizens if they need to study the
matters except the matters Hluttaw committees are studying, if there is a
commission or body comprising citizens serving as members and attending a
session of the commission or a body, such citizens of the commission or body
shall have equal rights with Hluttaw members while the commission or body is
in session.
A
detailed basic principle shall be adopted that if it is needed to arrest a
Hluttaw member while a Hluttaw is not in session, reliable evidences shall be
submitted to the Speaker. With respect to the procedures to be carried out if
it is needed to arrest a member of the Pyithu Hluttaw or the Amyotha Hluttaw
or a member of a commission or bodies formed by a Hluttaw, discussions are to
be held and proposals to be submitted to decide the point that the detailed
basic principle:
Pyithu
Hluttaw
(a)
If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu
Hluttaw session or a person attending the Pyithu Hluttaw session with the
permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable
evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be
arrested without prior permission of the Pyithu Hluttaw Speaker.
(b)
If there arises a need to arrest a member of a committee or commission or
organization formed by the Pyithu Hluttaw attending a session of the committee
or commission or organization, the reliable evidence shall be submitted to the
Pyithu Hluttaw Speaker through the head of the committee or commission or
organization concerned. He shall not be arrested without prior permission of
the Pyithu Hluttaw Speaker.
(c)
If there arises a need to arrest a member of Pyithu Hluttaw or committee,
commission or organization when the Pyithu Hluttaw or the committee or the
commission or the organization is not in session, reliable evidence in support
of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.
Amyotha
Hluttaw
(a)
If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha
Hluttaw session or a person attending the Amyotha Hluttaw session with the
permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable
evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be
arrested without prior permission of the Amyotha Hluttaw Speaker.
(b)
If there arises a need to arrest a member of a committee or commission or
organization formed by the Amyotha Hluttaw attending a session of the
committee or commission or organization, the reliable evidence shall be
submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or
commission or organization concerned. He shall not be arrested without prior
permission of the Amyotha Hluttaw Speaker.
(c)
If there arises a need to arrest a member of Amyotha Hluttaw or committee,
commission or organization when the Amyotha Hluttaw or the committee or the
commission or the organization is not in session, reliable evidence in support
of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.
should
be adopted or not.
I
would like to explain the matters on the reports, publications and Hluttaw
records published and distributed by the Pyithu Hluttaw and the Amyotha
Hluttaw.
In
my clarification to the Chapter of the Union Hluttaw, I explained that in many
world nations, Hluttaws exercise a privilege of exemption from being charged
regarding the publications and records published and distributed by them.
Sub-Section (1) of Section (68) of the 1947 Constitution said that no person
shall be so liable to in respect of publication by or under the authority of a
Chamber of the Parliament of any report, paper, votes, or proceedings. And
Section (70) said that all official reports and publications of the Parliament
or of either Chamber thereof shall be absolutely privileged.
In
my explanation on sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, I
made a suggestion that a detailed basic principle be adopted that if the
activities and records of the Pyithu Hluttaw and the Amyotha Hluttaw are not
banned by a law or a decision of a Hluttaw, they shall be known to the public.
It
shall be a privilege of exemption from being charged regarding the
publications and Hluttaw records published and distributed by Hluttaws so as
to let the people know the activities and records of Hluttaws.
In
relation to the reports, publications and records published and distributed by
or under the authority of the Pyithu Hluttaw and the Amyotha Hluttaw,
discussions are to be held and proposals to be submitted so as to decide the
point that the detailed basic principle:
Pyithu
Hluttaw
The
reports, documents and records published by the Pyithu Hluttaw or under its
authority shall be privileged.
Amyotha
Hluttaw
The
reports, documents and records published by the Amyotha Hluttaw or under its
authority shall be privileged.
should
be adopted or not.
Based
on the findings and reviews I have explained, I would like to present the
detailed basic principles as a whole that shall be adopted regarding the
proceedings for the legislative functions of the Pyithu Hluttaw and the
Amyotha Hluttaw that are to be included in the legislation of the Constitution
as follows:—
1.
(a) The first regular session of the Pyithu Hluttaw shall be convened within
90 days after the general election commences.
(b)
(1) The term of the Amyotha Hluttaw commences on the date on which the term of
the Pyithu Hluttaw commences.
(2)The
first regular session of the Amyotha Hluttaw shall be convened within seven
days after the commencement of the term of that Hluttaw.
2.
(a) (1) The State Peace and Development Council shall convene the first
regular session of the Pyithu Hluttaw after the Constitution has come into
force.
(2)
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.
(b)
(1) The State Peace and Development Council shall convene the first regular
session of the Amyotha Hluttaw after the Constitution has come into force.
(2)
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.
3.
(a) (1) Members of the Pyithu Hluttaw shall take oaths before the Chairman of
the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw.
(2)
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.
(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of
the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw.
(2)
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.
4.
(a) 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.
(b)
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.
5.
(a) The following matters are carried out at the sessions of the Pyithu
Hluttaw:
(1)
Recording the address delivered by the President
(2)
Reading out and recording the messages sent by the President and the messages
permitted by the Speaker
(3)
Submitting, discussing and making decision on a bill
(4)
Discussing and deciding the matters the Pyithu Hluttaw shall implement in
accord with the provisions of the Constitution
(5)
Discussing, deciding and recording the reports presented to the Pyithu Hluttaw
(6)
Submitting proposals, holding discussions and making decisions
(7)
Raising questions and giving replies
(8)
Implementing the matters permitted by the Speaker of Pyithu Hluttaw
(b)
The following matters are carried out at the sessions of the Amyotha Hluttaw.
(1)
Recording the address delivered by the President
(2)
Reading out and recording the messages sent by the President and the messages
permitted by the Speaker
(3)
Submitting, discussing and making decision on a bill
(4)
Discussing and deciding the matters the National Hluttaw shall implement in
accord with the provisions of the Constitution
(5)
Discussing, deciding and recording the reports presented to the National
Hluttaw
(6)
Submitting proposals, holding discussions and making decisions
(7)
Raising questions and giving replies
(8)
Implementing the matters permitted by the Speaker of National Hluttaw
6.
(a) (1) 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.
(2)
The sessions that are adjourned under sub-para (1) due to invalidity and the
valid sessions that are extended are valid if at least one-third of the Pyithu
Hluttaw members are present.
(b)
(1) 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.
(2)
The sessions that are adjourned under sub-para (1) due to invalidity and the
valid sessions that are extended are valid if at least one-third of the
Amyotha Hluttaw members are present.
7.
(a) (1) 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.
(2)
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.
(b)
(1) 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.
(2)
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.
8.
(a) (1) 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.
(2)
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.
(b)
(1) 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.
(2)
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.
Even
if there are vacant seats, the Pyithu Hluttaw shall have the right to carry
out its tasks
9.
(a) 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.
(b)
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.
10.
(a) 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.
(b)
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.
11.
(a) 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
(b)
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
12.
(a) (1) 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.
(2)
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.
(3)
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.
(b)
(1) 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.
(2)
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.
(3)
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.
13.
(a) (1) 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.
(2)
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.
(3)
The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha
Hluttaw for holding discussions and making a decision.
(b)
(1) 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.
(2)
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.
(3)
The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu
Hluttaw for holding discussions and making a decision.
14.
(a) (1) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw
can make a decision that it agrees or disagrees, or agrees with amendments.
The Pyithu Hluttaw shall return the bill together with its decision to the
Amyotha Hluttaw.
(2)
When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the
Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to
the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the
Amyotha Hluttaw.
(3)
The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it
disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu
Hluttaw to the Amyotha Hluttaw.
(b)
(1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can
make a decision that it agrees or disagrees, or agrees with amendments. The
Amyotha Hluttaw shall return the bill together with its decision to the Pyithu
Hluttaw.
(2)
When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the
Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to
the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the
Pyithu Hluttaw.
(3)
The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it
disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu
Hluttaw to the Amyotha Hluttaw.
15.
(a) Members of a Union level body formed under the Constitution shall have the
right—
(1)
to explain and discuss the bills and other matters of their bodies while
attending a session of the Pyithu Hluttaw with the permission of the Speaker
of the Pyithu Hluttaw.
(2)
to explain and discuss the bills and other matters of their bodies while
attending sessions of the committee, commission and bodies of the Pyithu
Hluttaw with the permission of the heads of these committee, commission and
bodies.
(b)
Members of a Union level body formed under the Constitution shall have the
right—
(1)
to explain and discuss the bills and other matters of their bodies while
attending a session of the Amyotha Hluttaw with the permission of the Speaker
of the Amyotha Hluttaw.
(2)
to explain and discuss the bills and other matters of their bodies while
attending sessions of the committee, commission and bodies of the Amyotha
Hluttaw with the permission of the heads of these committee, commission and
bodies.
16.
(a) The Speaker of the Pyithu Hluttaw shall have the right—
(1)
to supervise sessions of the Pyithu Hluttaw.
(2)
to invite the President of the
(3)
to invite members or persons representing a Union level body formed under the
Constitution to a session of the Pyithu Hluttaw if necessary for a matter
under way at a session of the Pyithu Hluttaw.
(4)
to discharge other duties and functions prescribed under the Constitution or a
law.
(b)
The Speaker of the Amyotha Hluttaw shall have the right—
(1)
to supervise sessions of the Amyotha Hluttaw.
(2)
to invite the President of the
(3)
to invite members or persons representing a Union level body formed under the
Constitution to a session of the Amyotha Hluttaw if necessary for a matter
under way at a session of the Amyotha Hluttaw.
(4)
to discharge other duties & functions prescribed under Constitution or a
law.
17.
(a) (1) Members of the Pyithu Hluttaw shall have the freedom of speech and
vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to
the provisions of the Constitution and the Pyithu Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Pyithu
Hluttaw.
(2)
Members or persons representing a Union level body formed under the
Constitution who are permitted to attend or invited to a session of the Pyithu
Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech
in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the
provisions of the Constitution and the Pyithu Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Pyithu
Hluttaw.
(3)
Action shall be taken against those members stated in sub-paras (a) and (b) in
accordance with the existing laws if they make physical assault in enjoying
the privileges.
(b)
(1) Members of the Amyotha Hluttaw shall have the freedom of speech and vote
in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to
the provisions of the Constitution and the Amyotha Hluttaw. No action shall be
taken against such persons for their speeches, except under the law of Amyotha
Hluttaw.
(2)
Members or persons representing a Union level body formed under the
Constitution who are permitted to attend or invited to a session of the
Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom
of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw,
subject to the provisions of the Constitution and the Amyotha Hluttaw. No
action shall be taken against such persons for their speeches, except under
the law of Amyotha Hluttaw.
(3)
Action shall be taken against those members stated in sub-paragraphs (a) and
(b) in accordance with the existing laws if they make physical assault in
enjoying the privileges.
18.
(a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a
Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with
the permission or at the invitation of the Pyithu Hluttaw Speaker, the
reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall
not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(2)
If there arises a need to arrest a member of a committee or commission or
organization formed by the Pyithu Hluttaw attending a session of the committee
or commission or organization, the reliable evidence shall be submitted to the
Pyithu Hluttaw Speaker through the head of the committee or commission or
organization concerned. He shall not be arrested without prior permission of
the Pyithu Hluttaw Speaker.
(3)
If there arises a need to arrest a member of Pyithu Hluttaw or committee,
commission or organization when the Pyithu Hluttaw or the committee or the
commission or the organization is not in session, reliable evidence in support
of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.
(b)
(1) If there arises a need to arrest a Amyotha Hluttaw member attending a
Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with
the permission or at the invitation of the Amyotha Hluttaw Speaker, the
reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall
not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(2)
If there arises a need to arrest a member of a committee or commission or
organization formed by the Amyotha Hluttaw attending a session of the
committee or commission or organization, the reliable evidence shall be
submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or
commission or organization concerned. He shall not be arrested without prior
permission of the Amyotha Hluttaw Speaker.
(3)
If there arises a need to arrest a member of Amyotha Hluttaw or committee,
commission or organization when the Amyotha Hluttaw or the committee or the
commission or the organization is not in session, reliable evidence in support
of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.
19.
(a) The reports, publications and records published by the Pyithu Hluttaw or
under its authority shall be privileged.
(b)
The reports, publications and records published by the Amyotha Hluttaw or
under its authority shall be privileged.
In
conclusion, I would like to urge the delegates to hold discussions and submit
proposals to decide whether the detailed basic principles I have presented
shall be adopted or not regarding the legislative functions of the Pyithu
Hluttaw and the Amyotha Hluttaw.
