Comparing Three Versions of the Myanmar (Burma) Constitution

Comparing Three Versions of The Myanmar (Burma) Constitution


 
Constitution of 1947

Preamble

WE, THE PEOPLE OF BURMA including the Frontier Areas and the Karenni States, Determined to establish in strength and unity a SOVEREIGN INDEPENDENT STATE, To maintain social order on the basis of the eternal principles of JUSTICE, LIBERTY AND EQUALITY and To guarantee and secure to all citizens JUSTICE social, economic and political; LIBERTY of thought, expression, belief, faith, worship, vocation, association and action; EQUALITY of status, of opportunity and before the law, IN OUR CONSTITUENT ASSEMBLY this Tenth day of Thadingyut waxing, 1309 B.E. (Twenty-fourth day of September, 1947 A.D.), DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

CHAPTER I: Form of State

1. Burma is a Sovereign Independent Republic to be known as “the Union of Burma.”

2. The Union of Burma shall comprise the whole of Burma, including (i) all the territories that were heretofore governed by His Britannic Majesty through the Governor of Burma, and (ii) the Karenni States.

3. The sovereignty of the Union resides in the people.

4. All powers, legislative, executive and judicial, are derived from the people and are exercisable on their behalf by, or on the authority of, the organs of the Union or of its constituent units established by this Constitution.

5. The territories that were heretofore known as the Federated Shan States and the Wa States shall form a constituent unit of the Union of Burma and be hereafter known as “the Shan State.”

6. The territories that were heretofore known as the Myitkyina and Bhamo Districts shall form a constituent unit of the Union of Burma and be hereafter known as “the Kachin State.”

7. The territories that were heretofore known as the Karenni States, viz., Kantarawaddy, Bawlake and Kyebogyi shall form a constituent unit of the Union of Burma and hereafter known as “the Karenni State.”

8. All powers, legislative, executive and judicial, in relation to the remaining territories of the Union of Burma shall, subject to the provisions of section 180, be exercisable only by, or on the authority of, the organs of the Union.

CHAPTER II: Fundamental Rights

DEFINITION OF "STATE."

9. In this Chapter and in Chapters III and IV, the term “State” means the executive or legislative authority of the Union or of the unit concerned according as the context may require.

CITIZENSHIP.

10. There shall be but one citizenship throughout the Union; that is to say, there shall be no citizenship of the unit as distinct from the citizenship of the Union.

11. (i) Every person, both of whose parents belong or belonged to any of the indigenous races of Burma; (ii) every person born in any of the territories included within the Union, at least one of whose grand-parents belong or belonged to any of the indigenous races of Burma; (iii) every person born in any of territories included within the Union, of parents both of whom are, or if they had been alive at the commencement of this Constitution would have been, citizens of the Union; (iv) every person who was born in any of the territories which at the time of his birth was included within His Britannic Majesty’s dominions and who has resided in any of the territories included within the Union for a period of not less than eight years in the ten years immediately preceding the date of the commencement of this Constitution or immediately preceding the 1st January 1942 and who intends to reside permanently there in and who signifies his election of citizenship of the Union in the manner and within the time prescribed by law, shall be a citizen of the Union.

12. Nothing contained in section 11 shall derogate from the power of the Parliament to make such laws as it thinks fit in respect of citizenship and alienage and any such law may provide for the admission of new classes of citizens or for the termination of the citizenship of any existing classes.

RIGHTS OF EQUALITY

13. All citizens irrespective of birth, religion, sex or race are equal before the law; that is to say, there shall not be any arbitrary discrimination between one citizen or class of citizens and another.

14. There shall be equality of opportunity for all citizens in matters of public employment and in the exercise or carrying on of any occupation, trade, business or profession.

15. Women shall be entitled to the same pay as that received by men in respect of similar work.

RIGHTS OF FREEDOM

16. No citizen shall be deprived of his personal liberty, nor his dwelling entered, nor his property confiscated, save in accordance with law.

17. There shall be liberty for the exercise of the following rights subject to law, public order and morality: — (i) The right of the citizens to express freely their convictions and opinions. (ii) The right of the citizens to assemble peaceably and without arms. (iii) The right of the citizens to form associations and unions. Any association or organization whose object or activity is intended or likely to undermine the Constitution is forbidden. (iv) The right of every citizen to reside and settle in any part of the Union, to acquire property and to follow any occupation, trade, business or profession.

18. Subject to regulation by the law of the Union trade, commerce and intercourse among the units shall be free:
Provided that any unit may by law impose reasonable restrictions in the interests of public order, morality, health or safety.

19. (i) Traffic in human beings, and (ii) forced labour in any form and involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall be prohibited. Explanation — Nothing in this section shall prevent the State from imposing compulsory service for public purposes without any discrimination on grounds of birth, race, religion or class.

RIGHTS RELATING TO RELIGION

20. All persons are equally entitled to freedom of conscience and the right freely to profess and practise religion subject to public order, morality or health and to the other provisions of this Chapter Explanation 1 — The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice. Explanation 2 — The freedom guaranteed in this section shall not debar the State from enacting laws for the purpose of social welfare and reform.

21. (1) The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the Union. (2) The State also recognizes Islam, Christianity, Hinduism and Animism as some of the religions existing in the Union at the date of the coming into operation of this Constitution. (3) The State shall not impose any disabilities or make any discrimination on the ground of religious faith or belief. (4) The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution and may be made punishable by law.

CULTURAL AND EDUCATIONAL RIGHTS

22. No minority, religious, racial or linguistic, shall be discriminated against in regard to admission into State educational institutions nor shall any religious instruction be compulsorily imposed on it.

ECONOMIC RIGHTS

23. (1) Subject to the provisions of this section, the State guarantees the rights of private property and of private initiative in the economic sphere. (2) No person shall be permitted to use the right of private property to the detriment of the general public. (3) Private monopolist organizations, such as cartels, syndicates and trusts formed for the purpose of dictating prices or for monopolizing the market or otherwise calculated to injure the interests of the national economy, are forbidden. (4) Private property may be limited or expropriated if the public interest so requires but only in accordance with law which shall prescribe in which cases and to what extent the owner shall be compensated. (5) Subject to the conditions set out in the last preceding sub-section, individual branches of national economy or single enterprises may be nationalized or acquired by the State by law if the public interest so requires.

RIGHTS IN RELATION TO CRIMINAL LAW.

24. No person shall be convicted of crime except for violation of a law in force at the time of the commission of the act charged as an offence, nor shall he be subjected to a penalty greater than that applicable at the time of the commission of the offence.

RIGHTS OF CONSTITUTIONAL REMEDIES

25. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of any of the rights conferred by this Chapter is hereby guaranteed. (2) Without prejudice to the powers that may be vested in this behalf in other Courts, the Supreme Court shall have power to issue directions in the nature of Habeas Corpus, mandamus, prohibition, quo warranto and certiorari appropriate to the rights guaranteed in this Chapter. (3) The right to enforce these remedies shall not be suspended unless, in times of war, invasion, rebellion, insurrection or grave emergency, the public safety may so require.

26. Every citizen, whether within or beyond the territories of the Union, shall be entitled to claim the protection of the Union in his relations with foreign States.

27. Except in times of invasion, rebellion, insurrection or grave emergency, no citizen shall be denied redress by due process of law for any actionable wrong done to or suffered by him.

28. The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline.

29. The Parliament shall make laws to give effect to those provisions of this Chapter which require such legislation and to prescribe punishment for those acts which are declared to be offences in this Chapter and are not already punishable.

CHAPTER III: Relations of the State to Peasants and Workers

30. (1) The State is the ultimate owner of all lands. (2) Subject to the provisions of this Constitution, the State shall have the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or co-operative farming or to agricultural tenants. (3) There can be no large land holdings on any basis whatsoever. The maximum size of private land holding shall, as soon as circumstances permit, be determined by law.

31. By economic and other measures the State may assist workers to associate and organize themselves for protection against economic exploitation.
The State shall protect workers by legislation intended to secure to them the right of association, to limit their hours of work, to ensure to them the right to annual holidays and to improve working conditions, and as soon as circumstances permit by promoting schemes for housing and social insurance.

CHAPTER IV: Directive Principles of State Policy

32. The principles set forth in this Chapter are intended for the general guidance of the State. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court of law.

33. The State shall direct its policy towards securing to each citizen — (i) the right to work, (ii) the right to maintenance in old age and during sickness or loss of capacity to work, (iii) the right to rest and leisure, and (iv) the right to education. In particular the State shall make provision for free and compulsory primary education.
In particular the State shall make provision for free and compulsory primary education.

34. The State shall pay special attention to the young and promote their education.

35. The State shall promote with special care the educational and economic interests of the weaker and less advanced sections of the people and shall protect them from social injustice and all forms of exploitation.

36. The State shall regard the raising of the standard of living of its people and the improvement of public health as among its primary duties.

37. (1) The State shall ensure that the strength and health of workers and the tender age of children shall not be abused and that they shall not be forced by economic necessity to take up occupations unsuited to their sex, age and strength. (2) The State shall specially direct its policy towards protecting the interests of nursing mothers and infants by establishing maternity and infant welfare centres, children’s homes and day nurseries and towards securing to mothers in employment the right to leave with pay before and after child birth.

38. The State shall promote the improvement of public health by organizing and controlling health services, hospitals, dispensaries, sanatoria, nursing and convalescent homes and other health institutions.

39. The State shall take special care of the physical education of the people in general and of the youth in particular in order to increase the health and working capacity of the people and in order to strengthen the defensive capacity of the State.

40. The State shall ensure disabled ex-Servicemen a decent living and free occupational training. The children of fallen soldiers and children orphaned by wars shall be under the special care of the State.

41. The economic life of the Union shall be planned with the aim of increasing the public wealth, of improving the material conditions of the people and raising their cultural level, of consolidating the independence of the Union and strengthening its defensive capacity.

42. The State shall direct its policy towards giving material assistance to economic organizations not working for private profit. Preference shall be given to co-operative and similar economic organizations.

43. All useful arts and sciences, research and cultural institutes and the study of Pali and Sanskrit shall enjoy the protection and support of the State.

44. (1) The State shall direct its policy towards operation of all public utility undertakings by itself or local bodies or by peoples’ co-operative organizations. (2) The State shall direct its policy towards exploitation of all natural resources in the Union by itself or local bodies or by peoples’ co-operative organizations.

CHAPTER V: The President

45. There shall be a President of the Union hereinafter called “the President” who shall take precedence over all other persons throughout the Union and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.

46. The President shall be elected by both Chambers of Parliament in joint session by secret ballot. Subject of the provision of this Chapter, election to the office of the President shall be regulated by an Act of the Parliament.

47. (1) The President shall not be a member of either Chamber of Parliament. (2) If a member of either Chamber of Parliament be elected President, he shall be deemed to have vacated his seat in that Chamber. (3) The President shall not hold any other office or position of emolument.

48. (1) The President shall hold office for five years from the date on which he enters upon his office, unless before the expiration of the period he resigns or dies, or is removed from office, or becomes permanently incapacitated. (2) No person shall serve as President for more than two terms in all.

49. No person shall be eligible for election to the office of President unless he — (i) is a citizen of the Union who was, or both of whose parents were, born in any of the territories included within the Union, and (ii) is qualified for election to the Union Parliament.

50. The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter, or in the event of his predecessor’s removal from office, resignation, permanent incapacity or death, as soon as may be after his own election.

51. The president shall enter upon his office by making and subscribing publicly in the presence of both Chambers of Parliament assembled and of the judges of the Supreme Court, the following declaration: -
“I … do solemnly and sincerely promise and declare that I will maintain the Constitution of the Union and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will diligently avert every injury and danger to the Union and that I will dedicate myself to the service of the Union.

52. The President shall not leave the Union during his term of office save on the advice of the Union Government.

53. The President shall summon the Parliament for the purpose of electing a new President, during the three months preceding the expiration of his term of office.

54. (1) The President may be impeached for — (i) high treason; (ii) violation of the Constitution; or (iii) gross misconduct. (2) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section. (3) A proposal to either Chamber of Parliament to prefer a charge against the President under this section shall not be entertained except upon a notice of resolution in writing signed by not less than one-fourth of the total membership of that Chamber. (4) No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber supported by not less than two- thirds of the total membership thereof. (5) When a charge has been preferred by one Chamber of Parliament, the other Chamber shall investigate the charge or cause the charge to be investigated. (6) The President shall have the right to appear and to be represented at the investigation of the charge. (7) If, as the result of the investigation, a resolution be passed, supported by not less than two-thirds of the total membership of the Chamber of Parliament by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the office, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.

55. The President shall have an official residence and shall receive such emoluments and allowances as shall be prescribed by law. Emoluments and allowances of the President shall not be varied during his term of office.

56. (1) The President shall, on the nomination of the Chamber of Deputies, appoint a Prime Minister who shall be the head of the Union Government. (2) The President shall, on the nomination of the Prime Minister, appoint other members of the Union Government. (3) The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any member of the Union Government.

57. The Chamber of Deputies shall be summoned, prorogued or dissolved by the President on the advice of the Prime Minister:
Provided that, when the Prime Minister has ceased to retain the support of a majority in the Chamber, the President may refuse to prorogue or dissolve the Chamber on his advice and shall in that event forthwith call upon the Chamber to nominate a new Prime Minister:
Provided further that, if the Chamber fails to nominate a new Prime Minister within fifteen days, it shall be dissolved.

58. (1) Every Bill, passed or deemed to have been passed by both Chambers of Parliament, shall require the signature of the President for its enactment into law. (2) The President shall promulgate every law enacted by the Parliament.

59. Subject to the provisions of this Constitution, the executive authority of the Union shall be vested in the President; but nothing in this section shall prevent the Parliament from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions vested in any court, judge, or officer, or any local or other authority by any existing law.

60. The right of pardon shall be vested in the President.

61. (1) The President may communicate with the Parliament by message or address on any matter of national or public importance. (2) The President may also address a message to the nation at any time on any matter.

62. (1) The President shall not be answerable to either Chamber of Parliament or to any Court for the exercise or performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions. (2) The behaviour of the President may, however, be brought under review in either Chamber of Parliament for the purpose of section 54, or by any Court, tribunal or body, appointed or designated by either Chamber of Parliament for the investigation of its charges under the said section. (3) The validity of anything purporting to have been done by the President under this Constitution shall not be called in question on the ground that it was done otherwise than in accordance with the provisions contained or referred to in the next succeeding section.

63. (1) The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Union Government, save where it is provided by this Constitution that he shall act in his discretion or on the advice or nomination of or on receipt of any communication from any other person or body. (2) The question whether any, and if so, what advice, nomination or communication was tendered to or received by the President shall not be enquired into in any Court.

64. (1) In the event of the death, resignation, removal from office, absence or incapacity whether temporary or permanent, of the President, or at any time at which the office of the President may be vacant, the powers and functions conferred on the President by this Constitution shall be exercised and performed by a Commission constituted as hereinafter provided. (2) The Commission shall consist of the following persons, namely, the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. (3) Such judge of the Supreme Court as has been appointed to perform the duties of the Chief Justice, or if there is no such judge, then the senior available judge of the Supreme Court, shall act as a member of the Commission in place of the Chief Justice on any occasion on which the office of the Chief Justice is vacant or on which the Chief Justice is unable to act. (4) The Deputy Speaker of the Chamber of Nationalities shall act as a member of the Commission in the place of the Speaker of the Chamber of Nationalities on any occasion on which the office of the Speaker of the Chamber is vacant or on which the said Speaker is unable to act. (5) The Deputy Speaker of the Chamber of Deputies shall act as a member of the Commission in place of the Speaker of the Chamber on any occasion on which the office of the Speaker of the Chamber Deputies is vacant or on which the said Speaker is unable to act. (6) The Commission may act by any two of its members and may act notwithstanding a vacancy in its membership. (7) The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by this Constitution shall apply to the exercise and performance of the said powers and function under this section.

CHAPTER VI: Parliament

PART I.: GENERAL

65. The legislative power of the Union shall be vested in the Parliament which shall consist of the President, a Chamber of Deputies and a Chamber of Nationalities and which is in this Constitution called “the Parliament” or “the Union Parliament.”

66. There shall be a session of the Parliament once at least in 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.

67. (1) The Chamber of Deputies shall, as soon as may be, choose two members of the Chamber to be respectively the Speaker and the Deputy Speaker thereof, and, so often as the office of the Speaker or Deputy Speaker becomes vacant, the Chamber shall choose another member to be Speaker or Deputy Speaker, as the case may be. (2) A member holding office as Speaker or Deputy Speaker of the Chamber shall vacate his office if he ceases to be a member of the Chamber, may at any time resign his office by writing under his hand addressed to the President, and may be removed from his office by a resolution of the Chamber passed by a majority of the then members of the Chamber; but no resolution for the purpose of this sub-section shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Provided that, whenever the Chamber is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Chamber after the dissolution.
(3) While the office of the Speaker is vacant the duties of his office shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is also vacant, by such member of the Chamber as the President may appoint for the purpose, and during the absence of the Speaker from any sitting of the Chamber the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Chamber, or, if no such person is present, such other person as may be determined by the Chamber, shall act as Speaker. (4) There shall be paid to the Speaker and the Deputy Speaker of the Chamber such salaries as may be respectively determined by an Act of the Parliament. (5) The foregoing provisions of this section shall apply in relation to the Chamber of Nationalities as they apply in relation to the Chamber of Deputies with the substitution of references to the Chamber of Nationalities for references to the Chamber of Deputies.

68. (1) 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. (2) 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 and, until so defined, shall be such as were immediately before the commencement of this Constitution enjoyed by members of the Legislature of Burma.

69. (1) All questions at any sitting or joint sitting of the Chambers 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 case of an equality of votes. (2) The number of members necessary to constitute the quorum of either Chamber for the exercise of its powers shall be determined by its rules. (3) 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. (4) Without prejudice to the generality of the foregoing provisions, the Chamber of Nationalities shall have power to act notwithstanding the failure of any unit to provide for its representation in the Chamber.

70. All official reports and publications of the Parliament or of either Chamber thereof shall be absolutely privileged.

71. The Parliament may make provision by law for the payment of salaries and allowances to the members of each Chamber in respect of their duties as public representatives and for the grant to them of such travelling and other facilities in connection with their duties as the Parliament may determine.

72. Every member of either Chamber of Parliament shall before taking his seat make and subscribe before the President, or some person authorized by him, an oath or affirmation of allegiance in the form set forth in the First Schedule to this Constitution.

73. (1) No person may at the same time be a member of both Chambers of Parliament, and, if any person who is already a member of either Chamber becomes a member of the other Chamber, he shall forthwith be deemed to have vacated his first seat. (2) If a member of either Chamber — (a) becomes subject to any of the disqualifications mentioned in sub-section (1) of the next succeeding section; or (b) by writing under his hand addressed to the President resigns his seat, his seat shall thereupon become vacant. (3) 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.

74. (1) Any person who — (i) is under any acknowledgement of allegiance or adherence to a foreign Power, or is a subject or citizen or entitled to the rights and privileges of a subject or a citizen of a foreign Power; or (ii) is an undischarged bankrupt or insolvent; or (iii) is of unsound mind and stands so declared by a competent Court; or (iv) hold any office of profit in the service of the Union or of any unit other than an office declared by an Act of the Parliament not to disqualify its holder; or (v) whether before or after the commencement of this Constitution, has been convicted or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of an offence or corrupt or illegal practice relating to elections which has been declared by an Act of the Legislature of Burma or of the Parliament to be an offence or practice entailing disqualification for membership of the Legislature or of the Parliament, unless such period had elapsed as may be specified in that behalf in the provisions of that Act; or (vi) whether before or after the commencement of this Constitution, has been convicted, in any of the territories included within the Union, of any other offence, and has, in either case, been sentenced to transportation or to imprisonment for not less than two years, unless a period of five years or such less period as the President may, in his discretion, allow in any particular case, has elapsed since his release; or (vii) having been nominated as a candidate for the Parliament or having acted as an election agent of any person so nominated, has failed to lodge a return of the election expenses within the time and in the manner required by any Order made under this Constitution or by any Act of the Parliament, unless five years have elapse from the date by which the return ought to have been lodged, or the President, in his discretion, had removed the disqualification;
Shall be disqualified for being as and for being a member of either Chamber:
Provided that a disqualification under paragraph (vii) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged, or of such longer period as the President acting in his discretion may, in any particular case, allow.
(2) A person shall not be qualified for being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence:
Provided that, where the sentence does not exceed two years, the President may in his discretion remove such disqualification.
(3) Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (v) or paragraph (vi) of sub-section (1) of this section is at the date of the disqualification a member of a Chamber, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but, during any period wherein his membership is preserved by this sub-section, he shall not sit or vote.

75. If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of section 74 or before he has complied with the requirements of section 72 he shall be liable in respect of each day on which he so sits or votes to a penalty of rupees one thousand to be recovered as a debt due to the Union Government.

76. (1) Every citizen, who has completed the age of twenty-one years and who is not placed under any disability or incapacity by this Constitution or by law, shall be eligible for membership of the Parliament. (2) Every citizen, who has completed the age of eighteen years and who is not disqualified by law and complies with the provisions of the law regulating elections to the Parliament, shall have the right to vote at any election to the Parliament. (3) There shall be no property qualification for membership of the Parliament or for the right to vote at elections to the Parliament. (4) No law shall be enacted or continued placing any citizen under disability or incapacity for membership of the Parliament on the ground of sex, race or religion or disqualifying any citizen from voting at elections to the Parliament on any such ground: Provided that notwithstanding anything contained in section 21 (3), members of any religious order may by law be debarred from voting at any such elections or from being a member of either Chamber of Parliament. (5) Voting shall be by secret ballot.

77. Subject to the provisions of this Constitution, all matters relating to elections for either Chamber of Parliament including the delimitation of constituencies, the filling of casual vacancies, and the decision of doubts and disputes arising out of or in connection with such elections shall be regulated in accordance with law.

78. The Parliament may by law prescribe the conditions under and the manner in which a member of either Chamber of Parliament may be recalled.

79. Every member of the Union Government and the Attorney-General shall have the right to speak in, and otherwise take part in the proceedings of, either Chamber, any joint sitting of the Chambers and any Committee of the Parliament of which he may be named a member, but he shall not by virtue of this section be entitled to vote.

80. (1) Each Chamber of the Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) The President, after consultation with the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers. (3) At a joint sitting of the two Chambers the Speaker of the Chamber of Nationalities, or in his absence the Speaker of the Chamber of Deputies or such person as may be determined by rules of procedure made under this section, shall preside.

81. No discussion shall take place in the Parliament with respect to the conduct of any judge of the Supreme Court or of the High Court in the discharge of his duties, except upon a resolution for the removal of the judge as provided in this Constitution.

82. (1) The validity of any proceedings in the Parliament shall not be called in question in any Court on the ground of any irregularity of procedure. (2) The Speaker of the Chamber of Deputies or the Speaker of the Chamber of Nationalities or any other member of either Chamber of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business or for maintaining order in the Chamber shall not be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.

PART II.: CHAMBER OF DEPUTIES

83. (1) The Chamber of Deputies shall be composed of members who represent constituencies determined by law. Provision shall, however, be made to reserve such number of seats as may be proportionate to the population of Karens to be filled by their representatives. (2) The number of members of this Chamber shall be, as nearly as practicable, twice the number of member of the Chamber of Nationalities. The number of members shall from time to time be fixed by law but the total number of the members of the Chamber of Deputies shall not be fixed at less than one member for each 100,000 of the population, or at more than one member for each 30,000 of the population. (3) The ratio between the number of members to be elected at any time for a constituency and the population of that constituency, as ascertained at the last preceding census, shall, so far as practicable, be the same for all constituencies throughout the Union, except in the case of the constituencies of the Special Division of the Chins (referred to in Part V of Chapter IX) and the Karenni State, in respect of which the ratio may be higher. (4) The Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in the distribution of the population, but any alternation in the constituencies shall not take effect until the termination of the then existing Parliament.

84. (1) The general election for members of the Chamber of Deputies shall take place not later than sixty days after the dissolution of the Chamber.
Polling at every general election shall, as far as practicable, take place on the same day throughout the Union.
(2) The Chamber of Deputies shall meet within sixty days from the polling day.

85. Every Chamber of Deputies shall continue for four years from the first meeting of the Chamber:
Provided that the Chambers of Parliament may by resolution passed by not less than two-thirds of the members present and voting at a joint sitting extend the said period from year to year in the event of a grave emergency declared by Proclamation under section 94:
Provided further that the Chamber of Deputies may be dissolved by the President at any time as provided by section 57

86. (1) As soon as possible after the presentation to the Chamber of Deputies under Chapter VII of the estimates of receipts and estimates of expenditure of the Union for any financial year, the Chamber shall consider the estimates. (2) Save in so far as may be provided by specific enactment in each case, the legislation required by specific enactment in each case, the legislation required to give effect to the financial resolutions of each year shall be enacted within that year. (3) The Chamber of Deputies shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys, unless the purpose of the appropriation shall have been recommended to the Chamber by the Union Government.

PART III.: CHAMBER OF NATIONALITIES

87. There shall be one hundred and twenty-five seats in the Chamber of Nationalities as allocated in the Second Schedule to this Constitution.

88. (1) A dissolution of the Chamber of Deputies shall operate also as a dissolution of the Chamber of Nationalities. (2) The general election for the Chamber of Nationalities shall be completed not later than the fifteenth day from the first meeting of the Chamber of Deputies held after the dissolution.

89. 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.

PART IV.: POWER OF THE PARLIAMENT

90. Subject to the provisions of this Constitution, the sole and exclusive power of making laws in the Union shall be vested in the Parliament: Provided that an Act of the Parliament may authorize any person or authority therein specified to make rules and regulations consonant with the Act and having the force of law, subject, however, to such rules and regulations being laid before each Chamber of Parliament at its next ensuing session and subject to annulment by a motion carried in both Chambers within a period of three months of their being so laid, without prejudice, however, to the validity of any action previously taken under the rules or regulations.

91. Provision may, however, be made by law on principles of regional autonomy for delegating to representative bodies of such regions as may be defined in the law, specified powers in administrative, cultural and economic matters. A law embodying such provisions shall determine the rights, powers and duties of such representative bodies and their relations to the Parliament and to the Union Government.

92. (1) The Parliament shall have power to make laws of the whole or any part of the Union except in so far as such power is assigned by the next succeeding sub-section exclusively to the Shan Councils.
For greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that, notwithstanding anything in the next succeeding sub-section, the exclusive legislative authority of the Parliament shall extend to all matters enumerated in List I of the Third Schedule to this Constitution (hereinafter called “the Union Legislative List”).
Any matter coming within any of the classes of subjects enumerated in the said List, shall not be deemed to come within the class of matters of a local or private nature comprised in the list of subjects assigned by the next succeeding sub-section exclusively to the State Councils.
(2) Each State Council shall have power exclusively to make laws for the State or any part thereof with respect to any of the matters enumerated in List II of the said Schedule (hereinafter called “the State Legislative List”). (3) Any State Council may by resolution surrender any of its territories or any of its powers and rights to the Union.

93. The powers exercisable by the Union by reason of the entry in the Union Legislative List relating to the regulation of forces, mines and oil- fields and mineral development, shall be subject to the condition that before the issue of any certificate, licence, or other form of authorization, for the exploitation, development or utilization of any forest, mine or oil- field, the issuing authority shall consult the Union Minister for the State concerned.

94. (1) Notwithstanding anything in section 92, the Parliament shall, if the President has declared by Proclamation (in this Constitution referred to as a “Proclamation of Emergency”), that a grave emergency exists whereby the security of the Union is threatened, whether by war or internal disturbance, or that a grave economic emergency affecting the Union has arisen in any part of the Union, have power to make laws for a State or any part thereof with respect to any of the matters enumerated in the State Legislative List. (2) Nothing in this section shall restrict the power of a State Council to make any law which, under this Constitution it has power to make, but if any provision of a State law is repugnant to any provision of a Union law which the Parliament has under this section power to make, the Union law, whether passed before or after the State law, shall prevail, and the State law shall, to the extent of the repugnancy, but so long as the Union law continues to have effect, be inoperative. (3) A Proclamation of Emergency — (a) may be revoked by a subsequent Proclamation, and (b) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Chambers of Parliament:
Provided that, if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Chambers of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this sub-section it would otherwise have ceased to operate.
(4) A law made by the Parliament which it would not but for the issue of a Proclamation of Emergency have been competent to make shall cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before expiration of the said period.

95. If it appears to the State Councils of two or more States to be desirable that any of the matters enumerated in the State Legislative List should be regulated in these States by an Act of the Parliament, and if resolutions to that effect are passed by those State Councils, it shall be lawful for the Parliament to pass an Act for regulating that matter accordingly; but any Act so passed may, as respects any State to which it applies, be amended or repealed by an Act of the State Council.

96. (1) All revenue from the sources enumerated in the Fourth Schedule to this Constitution shall form part of the revenues of the State in or by which they are raised or received. (2) All revenues other than such as are assigned to the States by the last preceding sub-section shall form part of the revenues of the Union:
Provided that the Union may make such grants or contributions out of its revenue in aid of the revenues of the units as it may determine to be necessary upon the recommendations of any Board or other authority appointed for the purpose.

97. (1) The right to raise and maintain military, naval and air forces is vested exclusively in the Parliament. (2) No military, naval or air forces, or any military or semi-military organization of any kind (not being a police force maintained under the authority of any unit solely for duties connected with the maintenance of public order) other than the forces raised and maintained by the Union with the consent of the Parliament shall be raised or maintained for any purpose whatsoever.

PART V.: LEGISLATION

98. Every Bill initiated in and passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities and may, unless it be a Money Bill, be amended in the Chamber of Nationalities and sent back to the Chamber of Deputies for its consideration.

99. Every Bill other than a Money Bill, may be initiated in the Chamber of Nationalities and if passed by the Chamber, shall be sent to the Chamber of Deputies which may amend the Bill and sent it back to the Chamber of Nationalities for its consideration.

100. A Bill passed by one Chamber and accepted by the other Chamber shall be deemed to have been passed by both Chambers of Parliament.

101. A Bill which appropriates revenue or money for the ordinary annual services of the Government shall deal only with such appropriations.

102. Bills imposing taxation shall deal only with imposition of taxation and any provision therein dealing with any other matter shall be of no effect.

Money Bills

103. Money Bills shall be initiated in the Chamber of Deputies only.

104. Every Money bill passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities for its recommendations.

105. (1) Every Money Bill sent to the Chamber of Nationalities for its recommendations shall, within twenty one days after it shall have been sent to the Chamber of Nationalities, be returned to the Chamber of Deputies which may accept or reject all or any of the recommendations of the Chamber of Nationalities. (2) If such Money Bills is not returned by the Chamber of Nationalities to the Chamber of Deputies within twenty-one days or is returned within twenty-one days with recommendations which the Chamber of Deputies does not accept, it shall be deemed to have been passed by both Chambers at the expiration of twenty-one days.

106. (1) A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alternation or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the revenues of the Union or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money, the raising or guaranteeing of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them. (2) In this definition the expressions “taxation”, “revenues of the Union” and “loan”, respectively, do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

107. (1) The Speaker of the Chamber of Deputies shall certify any Bill which in his opinion is a Money Bill to be “a Money Bill” and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive. (2) The Chamber of Nationalities may, by a resolution passed at a sitting at which not less than two-thirds of the total members are present, request the President to refer the question whether the Bill is or is not “a Money Bill” to a Committee of Privileges. (3) If the President in his discretion decides to accede to the request, he shall appoint a Committee of Privileges consisting of an equal number of members of the Chamber of Deputies and of the Chamber of Nationalities and a Chairman who shall be a judge of the Supreme Court. (4) The President shall refer the question to the Committee of Privileges so appoint and the Committee shall report its finding thereon to the President within twenty-one days after the day on which the Bill was sent to the Chamber of Nationalities. (5) The decision of the President, in his discretion, on such report shall be final.

108. If the President, in his discretion, decides not to accede to the request of the Chamber of Nationalities or if the Committee of Privileges fails to report within the time hereinbefore specified, the certificate of the Speaker of the Chamber of Deputies shall stand confirmed.

109. If one Chamber passes any other Bill, and the other Chamber rejects or fails to pass it, or passes it with amendments to which the Chamber where the Bill originated will not agree, the President shall convene a joint sitting of the two Chambers.
The members present at the joint sitting may deliberate and shall vote together upon the Bill as last passed by the Chamber where the Bill originated and upon amendments, if any; which have been made therein by the other Chamber and if the Bill with the amendments, if any, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed to have been passed by both Chambers:
Provided that at a joint sitting — (a) if the Bill, having been passed by one Chamber is rejected by the other Chamber and returned to the Chamber in which it originated, no amendment shall be proposed to the Bill other than such amendments, if any, as are made necessary by the delay in the passage of the Bill; (b) if the Bill is, however, passed by the other Chamber with amendments and returned to the Chamber which it originated, only such amendments as aforesaid and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed, shall be proposed to the Bill;
and the decision of the person presiding as to the amendments which are admissible under this section shall be final.

110. (1) If at any time when both Chambers of Parliament are not in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require. An Ordinance promulgated under this section shall have the same force and effect as an Act of the Parliament assented to by the President. (2) Every such Ordinances shall be laid before both Chambers of Parliament within forty-five days from the date of promulgation thereof, unless it shall have been withdrawn earlier by the President, and shall cease to operate at the expiration of fifteen days from the re-assembly of the Chamber of Deputies or the Chamber of Nationalities, whichever is later.
Provided that the President may, with the consent of both Chambers of Parliament, extend the Ordinance for such further period as may be deemed necessary.
(3) If the Ordinance shall have been withdrawn within forty-five days from the date of its promulgation, it shall be laid before the Parliament in its next ensuing session. (4) If and in so far as an Ordinance under this section makes any provision which the Parliament would not under this Constitution be competent to enact, it shall be void.

Signing and Promulgation

111. (1) As soon as any Bill shall have been passed by both Chambers of Parliament, it shall be presented to the President for his signature and promulgation as an Act in accordance with the provisions of this section. (2) Save as otherwise provided by this Constitution, every Bill so presented to the President shall be signed by him not later than seven days after the date of presentation. (3) If any Bill is not signed by the President within seven days after the date of presentation, the same shall become an Act in the like manner as if he had signed it on the last of the said seven days.

112. (1) Every Bill signed or deemed to have been signed by the President under this Constitution shall become an Act on and from the date on which the Bill shall have been signed or be deemed to have been signed. (2) Every such Act shall be promulgated by the President by publication under his direction in the official gazette. Every Act shall come into force on the date of such promulgation unless the contrary intention is expressed.

113. The signed texts of Acts and Ordinances shall be enrolled for record in the office of the Registrar of the Supreme Court and such signed texts shall be conclusive evidence of the provisions of such Acts and Ordinances.

CHAPTER VII: THE UNION GOVERNMENT

114. The Union Government shall consist of the Prime Minister and other members appointed under section 56

115. The Government shall be collectively responsible to the Chamber of Deputies.

116. A member of the Government who for any period of six consecutive months is not a member of the Parliament shall at the expiration of the period cease to be a member of the Government.

117. (1) The Prime Minister may resign from office at any time by placing his resignation in the hands of the President. (2) Any other member of the Government may resign from office by placing his resignation in the hands of the Prime Minister for submission to the President and the resignation shall take effect upon its being accepted by the President under the next succeeding sub-section. (3) The President shall accept the resignation of a member of the Government, other than the Prime Minister, if so advised by the Prime Minister.

118. The Prime Minister may, at any time, for reasons which to him seem sufficient request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Prime Minister so advises.

119. The Prime Minister shall resign from office upon his ceasing to retain the support of a majority in the Chamber of Deputies unless on his advice the President dissolves the Parliament under section 57 and on the re- assembly of the Parliament after the dissolution the Prime Minister secures the support of a majority in the Chamber of Deputies.

120. (1) If the Prime Minister at any time resigns from office, the other members of the Government shall be deemed also to have resigned from office, but the Prime Minister and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed. (2) The members of the Government in office at the date of dissolution of the Parliament shall continue to hold office until their successors shall have been appointed.

121. (1) All executive action of the Union Government shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (3) The President shall make rules for the transaction of the business of the Union Government, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the President is by or under this Constitution required to act in his discretion.
Without prejudice to the generality of the foregoing provisions the allocation of business may be regionwise as well as subjectwise.

122. Subject to the provisions of this Constitution, the executive authority of the Union extends (a) to the matters with respect to which the Parliament has power to make laws; and (b) to the government, in accordance with the provisions of any treaty or agreement in this behalf, of any Armed Forces not raised in the Union that may, with the consent of the Government of the Union, be stationed in the Union or placed at the disposal of the Union.

123. (1) War shall not be declared and the Union shall not participate in any war save and except with the assent of the Parliament. (2) In case of actual or imminent invasion, however, the Government may take whatever steps they may consider necessary for the protection of the Union, and the Parliament if not sitting shall be summoned to meet at the earliest possible date.

124. The Prime Minister shall keep the President generally informed on all matter of domestic and international policy.

125. (1) The Government shall prepare estimates of receipts and estimates of expenditure of the Union for each financial year, and shall present them to the Chamber of Deputies for consideration. (2) The procedure to be adopted in the Chambers of Parliament with respect to the submission of estimates of expenditure, the appropriation of the revenue of the Union and all matters connected therewith shall, in so far as provision is not made in that behalf by this Constitution, be regulated in accordance with law.

ATTORNEY-GENERAL.

126. (1) The President shall appoint a person, being an advocate of the High Court, to be Attorney - General on the nomination of the Prime Minister. (2) It shall be the duty of the Attorney-General to give advice to the Government upon legal matters and to perform such other duties of a legal character, as may, from time to time, be assigned to him by the President.

127. (1) The Attorney-General may, at any time, resign from office by placing his resignation in the hands of the Prime Minister for submission to the President. (2) The Prime minister may, for reasons which to him seem sufficient, request the resignation of the Attorney-General. (3) In the event of failure to comply with the request, the appointment of the Attorney-General shall be terminated by the President if the Prime Minister so advises. (4) The Attorney-General shall resign from office upon the resignation of the Prime Minister, but may continue to carry on his duties until the successor to the Prime Minister shall have been appointed. (5) Subject to the foregoing provisions of this Constitution, the office of the Attorney-General, including the remuneration to be paid to the holder of the office, shall be regulated by law.

Auditor-General

128. There shall be an Auditor-General to control on behalf of the Union all disbursements and to audit all accounts of moneys administered by and under the authority of the Parliament and the State Councils.

129. The Auditor-General shall be appointed by the President with the approval of both Chambers of Parliament and shall only be removed from office in the like manner and on the like grounds as a judge of the High Court. The Auditor-General shall not be a member of either Chamber of Parliament nor shall he hold any other office or position of emolument. He shall not be eligible for further office in the service of the Union or the States after he has ceased to hold office.

130. Neither the salary of the Auditor-General nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union.

131. 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 Union and the States.

132. Subject to the foregoing provisions, the terms and conditions of the office of the Auditor-General shall be determined by law.

CHAPTER VIII: UNION JUDICIARY

133. Justice throughout the Union shall be administered in Courts established by this Constitution or by law and by judges appointed in accordance therewith.

134. The Courts shall comprise Courts of first instance and Courts of appeal: — (a) The Courts of first instance shall include a High Court which shall, subject to law, have original and appellate jurisdiction and power to determine all matters and questions whether of law or of fact. (b) The head of the High Court shall be called “the Chief Justice of the High Court”.

135. (1) The High Court shall have exclusive original jurisdiction — (a) in all matters arising under any treaty made by the Union; (b) in all disputes between the Union and a unit or between one unit and another; (c) in such other matters, if any, as may be defined by law. (2) If the High Court is satisfied that a case pending in any inferior Court involves or is likely to involve substantially a question of the validity of any law having regard to the provisions of this Constitution, the High Court shall transfer the case to itself for trial.

136. (1) The Court of final appeal shall be called “the Supreme Court”. (2) The head of the Supreme Court shall be called “the Chief Justice of the Union”. (3) Without prejudice to the powers conferred upon the Supreme Court by any other provisions of this Constitution, the Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction form all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other Courts as may be prescribed by law.

137. No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.

138. The decisions of the Supreme Court shall in all cases be final.

139. (1) Every person appointed a judge of the Supreme Court and of the High Court under this Constitution shall make and subscribe the following declaration: -
“I … do solemnly and sincerely promise and declare that I will duly and faithfully to the best of my knowledge and ability execute the office of the Chief Justice (or judge as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws.”
(2) This declaration shall be made and subscribed by the Chief Justice of the Union in the presence of the President, and by each of the other judges of the Supreme Court and of the judges of the High Court in the presence of the Chief Justice of the Union or the senior available judge of the Supreme Court. (3) The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President. (4) Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have declined to accept the appointment.

140. (1) The Chief Justice of the Union shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parliament in joint sitting. (2) All the other judges of the Supreme Court and all the judges of the High Court shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parliament in joint sitting.

141. All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the laws.

142. (1) A person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of the Union who was or whose parents were born in any of the territories included within the Union, or unless he has been for at least five years a citizen of the Union; and (a) has been for at least five years a judge of the High Court of Judicature at Rangoon or of the High Court established under this Constitution; or (b) is an advocate of the High Court of at least fifteen years’ standing: Provided that a person shall not be qualified for appointment as Chief Justice of the Union unless he — (i) is, or when first appointed to judicial office was, an advocate, and (ii) is an advocate of at least fifteen years’ standing. (2) A person shall not be qualified for appointment as a judge of the High Court unless he is a citizen of the Union; and (a) is an advocate of at least ten years’ standing; or (b) has for at least five years held judicial office in Burma or in the Union not inferior to that of a district and secession judge or Chief Judge of the Rangoon City Civil Court: Provided that a person all not be qualified for appointment as the Chief Justice of the High Court unless he — (i) is, or when first appointed to judicial office was, an advocate, and (ii) an advocate of at least fifteen years’ standing. (3) In computing for the purpose of this section the standing of an advocate, any period during which he has held judicial office after he became an advocate shall be included.

143. (1) A judge of the Supreme Court or the High Court may by resignation under his hand addressed to the President resign his office. (2) A judge of the Supreme Court or of the High Court shall not be removed from office except for proved misbehaviour or incapacity. (3) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section. (4) A personal to either Chamber of Parliament to prefer a charge under this section shall not be entertained except upon a notice of resolution signed by not less than one-fourth of the total membership of that Chamber. (5) No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber, supported by a majority of the members present. (6) Where the charge relates to a judge of the Supreme Court it shall be investigated by a Special Tribunal consisting of the President or a person appointed by him in his discretion, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. Where the charge relates to a judge of the High Court it shall be investigated by a Special Tribunal consisting of the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. (7) The judge against whom the charge is preferred shall have the right to appear and to be represented at the investigation of the charge. (8) The Special Tribunal shall, after investigation, submit its report to the Chamber by which the charge was preferred. The finding of the Special Tribunal declaring that the charge has not been proved, if unanimous, shall be final. But in all other cases, the report of the Special Tribunal shall be considered by both Chambers of Parliament in joint sitting. If, after consideration, a resolution be passed supported by a majority of the members present and voting at the joint sitting declaring that the charge preferred against the judge has been proved and that the misbehaviour was, or incapacity is, such as to render him unfit to continue in office, the President shall forthwith by an order under his hand and seal remove from office the judge to whom it relates.

144. Neither the salary of a judge of the Supreme Court or of the High Court nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union.

145. If the office the Chief Justice of the Union or of the Chief Justice of the High Court becomes vacant, or if either of them is, by reason of absence or for any other reason, unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties thereof, or until the Chief Justice of the Union or of the High Court, as the case may be, has resumed his duties, be performed by such other judge of the Supreme Court or of the High Court as the President may appoint for the purpose.

146. (1) If at any time there should not be a quorum of the judges of the Supreme Court available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or otherwise, or to the disqualification of a judge or judges, the Chief Justice or any acting Chief Justice of the Union, or in their absence, the senior puisne judge, may in writing request the attendance at the sitting of the Court, for such period as may be necessary, of a judge of the High Court, to be designated in writing by the Chief Justice or any acting Chief Justice or in their absence the senior puisne judge of the Supreme Court. (2) It shall be the duty of the judge, whose attendance has been so requested or who has been so designated, in priority to the other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance shall be required, and while so attending he shall possess the powers and privileges and shall discharge the duties of a puisne judge of the Supreme Court.

147. If the office of any puisne judge of the High Court becomes vacant, or if any such judge is by reason of absence, or for any other reason, unable to perform the duties of his office, the President may in his discretion appoint a person duly qualified for appointment as a judge to act as a judge of the Court, and the person so appointed shall, unless the President in his discretion thinks fit to revoke his appointment, be deemed to be a judge of the Court, until some person appointed under sub-section (2) of section 140 of this Constitution to the vacant office has entered on the duties thereof, or until the permanent judge has resumed his duties.

148. The Supreme Court and the High Court shall be courts of record and shall sit in the capital city of the Union and at such other place or places as the President may, after consultation with the Chief Justice of the Union from time to time, appoint:
Provided that one or more judges of the High Court shall sit at such place in the Shan State as the President may, after consultation with the Chief Justice of the Union from time to time, appoint.

149. Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law: — (i) The number of judges of the Supreme Court and of the High Court, the remuneration, age of retirement and pension of such judges; and (ii) The constitution and organization of such Courts, the distribution of business among the Courts and judges, their jurisdiction and all matters of procedure.

150. Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature by any person or body of persons duly authorized by law to exercise such functions or powers notwithstanding that such person or such body or persons is not a judge or a Court appointed or established as such under this Constitution.

151. (1) If at any time it appears to the President that a question of law has arisen, or is likely to raise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President thereon. (2) No report shall be made under this section save in accordance with an opinion delivered in open Court with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a judge who does not concur from delivering a dissenting opinion.

152. The law declared by the Supreme Court shall, so far as applicable, be recognized as binding on, and shall be followed by, all Courts within the territories subject to the jurisdiction of the Union.

153. The Parliament may make provision by an Act for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by under this Constitution.

CHAPTER IX:

PART I.: THE SHAN STATE

The Shan State Council

154. (1) All the members of the Parliament representing the Shan State shall constitute the Shan State Council. (2) All the representative from the Shan State in the Chamber of Nationalities shall be elected by the Saohpas of the Shan State from among themselves. The Saohpas shall not be eligible for membership of the Chamber of Deputies. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

155. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

156. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

157. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purposes of this section, be the decision of the Court. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

158. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Shan State.

159. The Head of the Shan State many from time to time summon and prorogue the State Council:
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

GOVERNMENT OF THE SHAN STATE

160. A member of the Union Government to be known as the Minister for the Shan State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Shan State Council from among the members of the Parliament representing the Shan State. The Minister so appointed shall also be the Head of the Shan State for the purposes of this Constitution.

161. (1) The Head of the State shall be in charge of the administration of the State that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services to postings and transfers, and to disciplinary matters relating to these services.

162. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the State shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions.

163. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

164. (1) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

165. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State ministers, and their relations to each other and to the Union Government shall be determined by law.

PART II.: THE KACHIN STATE

The Kachin State Council

166. (1) All the members of the Parliament representing the Kachin State shall constitute the Kachin State Council. (2) Of the twelve seats in the Chamber of Nationalities six shall be filled by representatives of the Kachins and the other six by those of the non-Kachins of the Kachin State. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

167. (1) A Bill prejudicially affecting any right or privilege which the Kachins or the non-Kachins, as a class or community, enjoyed immediately before the commencement of this Constitution, shall not be deemed to have been passed by the Council unless the majority of the members representing the Kachins or the non-Kachins, as the case may be, present and voting, have voted in its favour. (2) If any question arises in the State Council whether a Bill is of the character described in the last preceding sub-section, the presiding officer shall take the vote of the members representing the Kachins and those representing the non-Kachins in the Council separately on such question and if a majority of either class of members vote in the affirmative, the Bill shall be deemed to be of the character mentioned.

168. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

169. When a Bill has passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

170. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purpose of this section, be the decision of the Court. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

171. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Kachin State.

172. The Head of the Kachin State may from time to time summon and prorogue the State Council:
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between that last sitting of the Council in one session and its first sitting in the next session.

GOVERNMENT OF THE KACHIN STATE

173. A member of the Union Government to be known as the Minister for the Kachin State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Kachin State Council from among the Kachin members of the Parliament representing the Kachin State. The Minister so appointed shall also be the Head of the Kachin State for the purpose of this Constitution.

174. (1) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services:
Provided that in respect of areas where the non-Kachins form the majority of the population, the Head of the State shall act only in consultation with the members representing the non-Kachins in the Cabinet in all such matters.

175. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the States shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decision and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercises of his functions:
Provided that not less than one-half of the members of the Cabinet shall be non-Kachins.

176. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council, a report upon all matter relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

177. (1) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

178. The provisions of Chapter X of this Constitution shall not apply to the Kachin State.

179. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State Ministers, and their relations to each other and to the Union Government shall be determined by law.

PART III.: THE KAREN STATE

180. (1) The following areas, viz., (a) the Karenni State, (b) the Salween District and (c) such adjacent areas occupied by the Karens as may be determined by a Special Commission to be appointed by the President shall, if the majority of the people of these three areas and of the Karens living in Burma outside these areas so desire, form a constituent unit of the Union of Burma to be known as the Karen State, which shall thereupon have the same status as the Shan State. (2) The procedure for ascertaining the desire of the majority in each of the case mentioned in the last preceding sub-section shall be such as may be prescribed by the law of the Union.

KAW-THU-LAY

181. Until the Karen State is constituted under the last preceding section, the Salween District, and such adjacent areas occupied by the Karens as may be determined by a Special Commission to be appointed by the President, shall be a Special Region to be known as Kaw-thu-lay, subject to the following provisions: — (1) All the members of the Chamber of Deputies representing Karens shall constitute the Karen Affairs Council. They shall co-opt not more than five members of the Chamber of Nationalities representing Karens. (2) A Member of the Union Government to be known as “the Minister for Karen Affairs” shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Karen Affairs Council, from amongst the members of the Parliament representing Kaerns. (3) Subject to the powers of the Union Government — (i) the general administration of the Kaw-thu-lay Special Region and in particular all matters relating to recruitment to the civil service in Kaw- thu-lay, to postings and transfers, and to disciplinary matters relating to these services; (ii) all matter relating to schools and cultural institutions for Karens, and (iii) all matters affecting the special rights of the Karens under this Constitution shall be under the superintendence, direction and control of the Minister for Karen Affairs. (4) The Karen Affairs Council shall aid and advise the Minister in the discharge of his duties. (5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his duties until his successor shall have been elected. (6) Subject to the provisions of this Constitution, all matters relating to the powers and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be determined by law.

PART IV.: THE KARENNI STATE

182. (1) The territory heretofore known as Mongpai State in the Federated Shan States shall be acceded to the Karenni State if the majority of the people of the territory so desire. (2) The procedure for ascertaining the desire of the majority shall be such as may be prescribed by law.

183. (1) Until the Parliament otherwise provides — (i) The Sawphyas of Kantarawaddy, Bawlake and Kyebogyi shall represent the Karenni State in the Chamber of Nationalities; (ii) The Saohpa of Mongpai shall also be one of the representatives of the Karenni State in the Chamber of Nationalities on the accession of Mongpai to the Karenni State under the last preceding section; (iii) The Sawphyas and the Saohpa shall not be eligible for membership of the Chamber of Deputies. (2) All the members of the Parliament representing the Karenni State shall constitute the Karenni State Council. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.

184. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

185. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section.

186. (1) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section, whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council.

187. The signed text of every Act shall be enrolled for record in the office of the Register of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karenni State.

188. The Head of the Karenni State may from time to time summon and prorogue the State Council;
Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

GOVERNMENT OF THE KARENNI STATE

189. A member of the Union Government to be known as the Minister for the Karenni State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karenni State Council from among the members of the Parliament representing the Karenni State. The Minister so appointed shall also be the Head of the Karenni State for the purposes of this Constitution.

190. (1) The Head of the State shall be in charge of the administration of the State, that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matter relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services.

191. (1) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the State shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council may at its first meeting after a general election elect from among its members or otherwise a State Minister or Ministers to aid and advise the Head of the State in the exercise of his functions.

192. The Head of the States shall give or cause to be given an account of his work to the State Council in each ordinary secession, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measure as he thinks fit for promoting the general welfare.

193. (1) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

194. Subject to the provisions of this Constitution, all matter relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the State Minister or Ministers and their relations to each other and to the Union Government shall be determined by law.

195. All the provisions in this Part (Part IV of Chapter IX) shall cease to have effect if and when the Karen State is constituted under section 180

PART V.: SPECIAL DIVISION OF THE CHINS

196. There shall be a Special Division of the Chins comprising such areas in the Chin Hills District and the Arakan Hill Tracks as may be determined by the President.

197. (1) A Chin Affairs Council shall be constituted consisting of all the members of the Parliament representing the Chins. (2) A member of the Union Government to be known as “the Minister for Chin Affairs” shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Chin Affairs Council, from amongst the members of the Parliament representing the Chins. (3) Subject to the powers of the Union Government — (i) the general administration of the Special Division and in particular all matters relating to recruitment to the civil services in the Special Division, to postings and transfers, and to disciplinary matters relating to these services, and (ii) all matters relating to schools and cultural institutions in the Special Division shall be under the superintendence, direction and control of the Minister in the discharge of his duties. (4) The Chin Affairs Council shall aid and advise the Minister in the discharge of his duties. (5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his duties until his successor shall have been elected.

198. Subject to the provisions of this Constitution, all matters relating to the powers and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be determined by law.

PART VI.: NEW STATES

199. The Parliament may by an Act admit to the Union a new State upon such terms and conditions including the extent of representation of the State in the Parliament as may be specified in the Act.

200. The Parliament may by an Act, with the consent of the Council of every State whose boundaries are affected thereby — (a) establish a new unit; (b) increase the area of any unit; (c) diminish the area of any unit; (d) alter the boundaries of any unit; and may, with the like consent, make such supplemental, incidental and consequential provisions as the Parliament may deem necessary or proper.

CHAPTER X: RIGHT OF SECESSION

201. Save as otherwise expressly provided in this Constitution or in any Act of Parliament made under section 199, every State shall have the right to secede from the Union in accordance with the conditions hereinafter prescribed.

202. The right of secession shall not be exercised within ten years from the date on which this Constitution comes into operation.

203. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its State Council. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the State Council concerned have voted in its favour. (2) The Head of the State concerned shall notify the President of any such resolution passed by the Council and shall send him a copy of such resolution certified by the Chairman of the Council by which it was passed.

204. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.

205. The President shall appoint a Plebiscite Commission consisting of an equal number of members representing the Union and the State concerned in order to supervise the plebiscite.

206. Subject to the provisions of this Chapter, all matter relating to the exercise of the right of secession shall be regulated by law.

CHAPTER XI: AMENDMENT OF THE CONSTITUTION

207. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided.

208. (1) Every proposal for an amendment of this Constitution shall be in the form of a Bill and shall be expressed as a Bill to amend the Constitution. (2) A Bill containing a proposal or proposals for the amendment of the Constitution shall contain no other proposals.

209. (1) Such Bill may be initiated in either Chamber of Parliament. (2) After it has been passed by each of the Chambers of Parliament, the Bill shall be considered by both Chambers in joint sitting. (3) The Bill shall be deemed to have been passed by both Chambers in joint sitting only when not less than two-thirds of the then members of both Chambers have voted in its favour. (4) A Bill which seeks to amend — (a) the State Legislative List in the Third Schedule, or (b) the State Revenue list in the Fourth Schedule, or (c) an Act of the Parliament making a declaration under paragraph (iv) of sub-section (1) of section 74 removing the disqualification of any persons for membership of the Parliament as representative from any of the States. shall not be deemed to have been passed at the joint sitting of the Chamber unless a majority of the members present and voting, representing the State or each of the States concerned, as the case may be, have voted in its favour. (5) A Bill seeks to abridge any special rights conferred by this Constitution on Karens or Chins shall not be deemed to have been passed by the Chambers in joint sitting unless a majority of the members present and voting, representing the Karens or the Chins, as the case may be, have voted in its favour.

210. Upon the Bill being passed in accordance with the foregoing provisions of this Chapter, it shall be presented to the President who shall forthwith sign and promulgate the same.

CHAPTER XII: INTERNATIONAL RELATIONS

211. The Union of Burma renounces war as an instrument of national policy, and accepts the generally recognized principle of international law as its rule of conduct in its relation with foreign States.

212. The Union of Burma affirms its devoting to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

213. (1) Every international agreement to which the Union becomes a party shall be laid before the Parliament. (2) No international agreement requiring or likely to require legislation in order to give effect thereto shall be ratified except with the approval of the parliament. (3) No international agreement involving a charge upon the revenues of the Union shall be ratified unless the terms of the agreement shall have been approved by the Chamber of Deputies. Explanation — This section shall not apply to inter-governmental agreements or conventions of a technical or administrative character.

214. No international agreement as such shall be part of the municipal law of the Union, save as may be determined by the Parliament.

CHAPTER XIII: GENERAL PROVISIONS

215. The National Flag shall be rectangular in shape and red in colour with a canton of dark blue. In the canton shall be a five-pointed large white star with five smaller similar stars between points. One of the five points of each star, large or small, shall direct upwards. The dimensions of the Flag shall be nine feet by five feet and the canton shall be four feet by two and a half feet. The size of the large star shall be such that a circle drawn through the five points shall have a diameter of eighteen inches and the smaller stars nine inches. National Flags of other sizes shall conform as nearly as possible to the above proportions.

216. The official language of the Union shall be Burmese, provided that the use of the English language may be permitted.

217. Two copies of the Constitution shall be made, one in the Burmese language and the other in the English language, both copies to be signed by the President of the Constituent Assembly and enrolled for record in the office of the Registrar of the Supreme Court. Such copies shall be conclusive evidence of the provisions of this Constitution.

218. No certificate, licence or other form of authorization for the operation of any public utility service shall be granted by the Union or by a State except to — (i) organizations controlled by the Union or by a State or by local authorities, or (ii) citizens of the Union, or (iii) companies or other associations organized under the laws in force in the Union, not less than sixty per cent of whose capital is owned by the Union or by any State or by any local authority or by citizens of the Union; nor shall such certificate, licence or authorization be granted by the Union or by a State to any individual, firm or company for a longer period than twenty-five years and except under the condition that it shall be subject to amendment, alternation or repeal by law when the public interest so requires.

219. All timber and mineral lands, forests, water, fisheries, minerals, coal, petroleum and other mineral oils, all sources of potential energy and other natural resources shall be exploited and developed by the Union; provided that subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union may grant the right of exploration, development or utilization of the same to the citizens of the Union or to companies or associations at least sixty per cent of the capital of which is owned by such citizens:
Provided further that no such right shall be granted by the Union except under the condition that it shall be subject to amendment, alternation or repeal by the Parliament when the public interest so requires.
No certificate, licence, or other form of authorization for the exploitation, development or utilization of any of the aforesaid natural resources of the Union shall be granted in future for a period exceeding twenty-five years.

220. Subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union shall not grant any agricultural land for the exploitation, development or utilization to any persons other than the citizens of the Union.

221. The Parliament shall, by law, set up a Public Service Commission to assist the Union Government in matters relating to recruitment to the civil services of the Union, and to advise in disciplinary matters affecting the services. The composition, powers and functions of the Commission and the terms of service of its members shall be defined by an Act of the Parliament.

INTERPRETATION

222. (1) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them that is to say, - “Burma” has the same meaning as in the Government of Burma Act, 1935;
“Existing law” means any law, Ordinance, Order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any legislature, authority or person in any territories included within the Union of Burma being a legislature, authority or person having power to make such law, Ordinance, Order, bye-law, rule or regulation;
“Saohpa” or “Sawphya” means, in the event of any dispute, the person recognized as such by the President in accordance with the rules of succession applicable;
“Unit” means —
(a) any State forming a constituent unit of the Union of Burma; (b) all the territories of the Union of Burma not forming part of any State. (2) In Chapter VI, VII, X, XI and XIII and in Third and Fourth Schedules, the term “State” means, save where a contrary intention appears, the Shan State, the Kachin State, the Karenni State or any new State that may be constituted under Part VI of Chapter IX. (3) Save where a contrary intention appears, the provisions of the Burma General Clauses Act shall extend to the interpretation and application of this Constitution.

CHAPTER XIV: TRANSITORY PROVISIONS

223. All rights, authority, jurisdiction and prerogative heretofore belonging to His Britannic Majesty which appertain or are incidental to the government of the territories in Burma for the time being vested in him by virtue of the Government of Burma Act, 1935, or otherwise, and all rights, authority, jurisdiction and prerogative exercisable by him by treaty, grant, usage, sufferance or otherwise in, or in relation to, any other territories in Burma, are hereby declared to belong to the Union:
Provided that any prerogative which subsisted in His Britannic Majesty and was exercisable by him in or in respect of British Burma immediately before the commencement of this Constitution shall cease to be exercisable as such by any authority in the Union.

224. All rights and assets which immediately before the commencement of this Constitution were vested in His Britannic Majesty or any other authority for the purposes of the government of Burma and the Karenni States shall, as from the commencement of this Constitution, be vested in the Union Government.
In particular, all forests and all mineral and other wealth underground, the waters including mineral and medicinal waters, the sources of natural power, the rail transport, posts, telecommunications and broadcasting shall be from the commencement of this Constitution the property of the Union.

225. (1) Any proceedings relating to contracts or liabilities which, if this Constitution had not come into operation, might have been brought against the Government of Burma, may be brought against the Union Government. (2) The Union of Burma may sue and be sued by the name of the Union of Burma. (3) If at the date of the coming into operation of this Constitution any legal proceedings are pending to which the Government of Burma is a party, the Union Government shall be deemed to be substituted in those proceedings for the Government of Burma.

226. (1) Subject to this Constitution and to the extent to which they are not inconsistent therewith, the existing laws shall continue to be in force until the same or any of them shall have been repealed or amended by a competent legislature or other competent authority. (2) The President of the Union may, by Order provide that as from such date as may be specified in the order any existing law shall, until repealed or amended by the Parliament or other competent authority, have effect subject to such adaptations and modifications as appear to him to be necessary or expedient with due regard to the provisions of this Constitution.

227. The Union shall honour all legitimate obligations arising out of any treaties or agreements which immediately before the commencement of this Constitution were in force between the Government of Burma, or His Britannic Majesty or His Majesty’s Government in the United Kingdom acting on behalf of the Government of Burma, and the Head of Government of any other State, provided that such other State honours any reciprocal obligations towards the Union.

228. All Courts existing at the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new Courts are established by law in accordance with this Constitution. All cases, civil, criminal and revenue, pending in the said Courts, shall be disposed of as if this Constitution had not come into operation.

229. All persons who were in the service of the Government of Burma immediately before the coming into operation of this Constitution shall continue in service until the Union Government provide otherwise.

230. For the purpose of removing any unforeseen difficulties, particularly in relation to the transition from the provisions of the Government of Burma Act, 1935, to the provisions of this Constitution, the President of the Union may by Order direct that this Constitution shall during such period as may be specified in the Order have effect subject to such amendments, whether by way of variation, addition or repeal, as he may deem to be necessary or expedient. No such Order shall be made under this section after the first meeting of the Union Parliament duly constituted under Chapter VI; and so such Order shall be made unless it is approved by a resolution passed by this Constituent Assembly exercising the powers of both Chambers of Parliament under the provisions of the next succeeding section.

231. (1) Until the first meeting of the Union Parliament duly constituted under Chapter VI, this Constituent Assembly shall itself exercise all the powers, discharge all the duties and enjoy all the privileges of both Chambers of Parliament. (2) 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.
A period of service as Provisional President shall not count as a term of service for the purposes of sub-section (2) of section 48.
(3) Such persons as shall have been elected in this behalf by the Constituent Assembly shall be the Prime Minister and other members of the Provisional Union Government, until the President duly elected under Chapter V has appointed other persons in accordance with the provisions of section 56.

232. (1) Until the first meeting of the Union Parliament duly constituted under Chapter VI (a) all the members of the Constituent Assembly representing the Federated Shan States shall constitute the Provisional Shan State Council; (b) all the members of the Constituent Assembly representing the Myitkyina and Bhamo Districts shall constitute the Provisional Kachin State Council; (c) all the members of the Constituent Assembly representing the Karens shall constitute the Provisional Karen Affairs Council; (d) all the members of the Constituent Assembly representing the Karenni State and such other persons from the Karenni State and such other persons from the Karenni State not exceeding two as may be nominated by the Provisional President shall constitute the Provisional Karenni State Council; and (e) all the members of the Constituent Assembly representing the Chin Hills District and the Arakan Hill Tracts shall constitute the Provisional Chin Affairs Council. (2) Each of the aforesaid Provisional Councils shall exercise all the powers and discharge all the duties of the corresponding Council constituted under Chapter IX.

233. The first general elections under this Constitution shall be held within eighteen months from the date of the coming into operation of this Constitution.

234. This Constitution shall come into operation on such date as the Provisional President may announce by proclamation not being later than the eighth day of Kason waxing, 1310 B.E. (fifteenth day of April, 1948 A.D.)

FIRST SCHEDULE: FORM OF OATH OR AFFIRMATION (See Section 72)

I ..................... having been chosen a member of the Chamber of Deputies/Nationalities do solemnly swear (affirm) that I will maintain the Constitution of the Union and uphold its laws, and that I will faithfully discharge the duty upon which I am about to enter.

SECOND SCHEDULE: COMPOSITION OF THE CHAMBER OF NATIONALITIES (See section 87)

Of the 125 seats in the Chamber of Nationalities — (a) twenty-five seats shall be filled by representatives from the Shan State; (b) twelve seats shall be filled by representatives from the Kachin State; (c) eight seats shall be filled by representatives from the Special Division of the Chins; (d) three seats shall be filled by representatives from the Karenni State; (e) twenty-four seats shall be filled by representatives of Karens; (f) fifty-three seats shall be filled by representatives from the remaining territories of the Union of Burma.

THIRD SCHEDULE:

LIST I.: UNION LEGISLATIVE LIST (See Section 92 [1])

1. Defence: that is to say, the defence of the Union and of every part thereof, including generally all preparations for defence as well as all such acts in times of war as may be conducive to its successful prosecution and to effective demobilisation after its termination, and in particular — (1) The raising, training, maintenance and control of Naval, Military and Air Force and employment thereof for the defence of the Union and the execution of the laws of the Union and the States. (2) Defence Industries. (3) Naval, Military and Air Forces Works. (4) Local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas and the delimitation of such areas. (5) Arms, fire-arms, ammunition and explosives. (6) Atomic energy, and mineral resources essential to its production. (7) Conduct of War.

2. External Affairs: (1) Diplomatic, consular and trade representation. (2) United Nations Organization. (3) Participation in international conferences, associations and other bodies and implementing of decisions made thereat. (4) The declaration of war and conclusion of peace. (5) The entering into and implementing of treaties and agreement with other countries. (6) Regulation of trade and commerce with foreign countries. (7) Foreign Loans. (8) Citizens; aliens; acquisition and termination of citizenship. (9) Extradition. (10) Passports and visas. (11) Foreign jurisdiction. (12) Admiralty jurisdiction. (13) Piracies, offices committed on the high seas and offences committed in the air against the law of nations. (14) Admission into, and emigration and expulsion from, the Union. (15) Fishing and fisheries beyond territorial waters. (16) Important and export across customs frontiers as defined by the Union Government.

3. Communications: (1) Port and inter-unit quarantine; seamen’s and marine hospital and hospital connected with port quarantine. (2) Airways. (3) Highways and waterways declared by the Union to be Union highways and waterways. (4) Shipping and navigation as regards mechanically propelled vessels on inland waterways declared by the Union to be Union waterways; the rule of the road on such waterways; carriage of passengers and goods on such waterways. (5) Railways. (6) Maritime shipping and navigation, including shipping land navigation on tidal waters. (7) Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein. (8) Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes. (9) Carriage of passengers and goods by sea or by air. (10) Lighthouse, including lightships, beacons and other provisions for the safety of shipping and aircraft. (11) Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.

4. Finance: (1) The borrowing of money on the credit of the Union. (2) Duties of customs including export duties. (3) Duties of excise excluding those enumerated in the State Legislative List but including taxes on the production, consumption and sale of electricity. (4) Taxes on the sale of goods. (5) Taxes on companies. (6) Taxes on income. (7) Taxes on the capital value of the assets of individuals and companies. (8) Taxes on the capital of companies. (9) Estate duty and duties in respect of succession to property. (10) Excess Profits Tax. (11) Savings Bank. (12) Stamp duty in respect of bills of exchange, cheques, promissory notes and other documents. (13) Terminal taxes on goods or passengers carried by railway, sea or air. (14) Taxes on railway fares and freights. (15) Fees in respect of any of the matters in this list but not including fees taken in any Court subordinate to the High Court.

5. General: (1) The Reserve Bank; banking including incorporation of banks, and the issue of paper money. (2) Currency, coinage and legal tender. (3) Enquiries, surveys and statistics for the purpose of the Union. (4) Acquisition of property for the purposes of the Union. (5) Any Museum, Library or other institutions declared by Union law to be of national importance. (6) Union agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. (7) Census. (8) Union Services. (9) Elections to the Union Parliament subject to the provisions of the Constitution. (10) Emoluments and allowances of the President, the salaries and allowances of the Prime Minister and other members of the Union Government, the salaries of the Speaker and the Deputy Speaker of the Chamber of Nationalities; the salaries of the Speaker and the Deputy Speaker of the Chamber of Deputies; the salaries, allowances and privileges of members of the Union Parliament. (11) Public debt of the Union. (12) Criminal Law and Procedure. (13) Civil Law and Procedure including in particular the laws relating to - infants and minors; adoption; transfer of property; trusts and trustees; contracts; arbitration; insolvency; actionable wrongs; lunacy. (14) Law of Evidence. (15) Legal, medical and other professions. (16) Newspapers, books and printing presses. (17) Poisons and dangerous drugs. (18) Mechanically propelled vehicles. (19) Factories. (20) Welfare of labour; conditions of labour; employers’ liability and workmen’s compensation; health insurance; old age pensions. (21) Unemployment insurance. (22) Trade Unions; industrial and labour disputes. (23) Electricity. (24) Insurance. (25) Company Law. (26) Cheques, bills of exchange, promissory notes and other like instruments. (27) Copyright; inventions; patents; trade marks and merchandise marks; trade designs. (28) Planning. (29) Regulation of land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution of land. (30) Ancient and historical monuments; archeological sites and remains. (31) Standard weight and measures. (32) Opium, except as to excise duties thereon. (33) Petroleum and other liquids and substances declared by Union law to be dangerously inflammable. (34) Development of industries, where development under Union control is declared by Union law to be expedient in the public interests. (35) Co-operative societies. (36) Regulation of forests, mines and oil-fields (including labour and safety in mines and oil-fields) and mineral development. (37) Migration within the Union. (38) Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list. (39) Offences against laws with respect to any of the matters in this list. (40) Any other matter not enumerated in List II.

LIST II.: STATE LEGISLATIVE LIST [See Section 92 (2)]

1. Constitutional Affairs: (1) The constitution of the State, subject to the provisions of this Constitution. (2) State Public Services and State Public Service Commission. (3) State pensions, that is to say, pensions payable by the State or out of the State Revenues. (4) The salaries of the State Ministers, and of the Chairman of the State Council; salaries, allowances and privileges of the members of the State Council.

2. Economic Affairs: (1) Agriculture; cattle pounds and the prevention of cattle trespass. (2) Fisheries within the State. (3) Land; Land revenue; land improvement and agricultural loans; colonization; encumbered and attached estates; treasure trove. (4) Works, lands and building vested in or in the possession of the State. (5) Markets and fairs. (6) Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage, but excluding inter-unit rivers and water- courses. (7) Capitation and Thathameda taxes. (8) Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: - (i) Opium. (ii) Indian hemp and other narcotics; non-narcotics drugs. (iii) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above. (iv) Alcoholic liquors for human consumption. (9) Taxes on trades and employments. (10) Taxes on animals and boats. (11) Taxes on entertainments, amusements, betting and gambling. (12) Tolls.

3. Security: (1) Public order (but not including the use of naval, military or air forces of the Union). (2) Police including Village Police. (3) The administration of justice; constitution and organization of all Courts subordinate to the High Court, and fees taken therein; preventive detention for reasons connected with the maintenance of public order; persons subject to such detention. (4) Jurisdiction and powers of all Courts subordinate to the High Court, with respect to any of the matters enumerated in this list. (5) Prisons; persons detained therein; arrangements with other units for the use of prisons and other institutions. (6) Offences against laws with respect to any of the matters enumerated in this list.

4. Communications: (1) Roads, bridges, ferries and other means of communication other than such as extend beyond the borders of the State. (2) Municipal tramways; rope-ways. (3) Inland waterways and traffic thereon. (4) Local works and undertakings within the State other than railways, subject to the power of the Union Parliament to declare any work a national work and to provide for its construction by arrangement with the State Council or otherwise.

5. Education: (1) Education excluding, for a period of ten years from the commencement of this Constitution and thereafter until the Union Parliament otherwise provides, University, higher technical and professional education. (2) All educational institutions controlled or financed by the State. (3) Libraries, museums and other similar institutions controlled or financed by the State. (4) Theaters, dramatic performances and cinemas, but not including the sanction of cinematographic films for exhibition.

6. Public Health: (1) Public Health and sanitation. (2) The establishment, maintenance and management of hospitals, asylums and dispensaries. (3) Registration of births, deaths and marriages. (4) Burials and burial grounds.

7. Local Government: (1) Municipalities and other local authorities for the purpose of local self-government or village administration. (2) Charities and charitable institutions.

8. General: (1) Relief of the poor. (2) Enquiries and statistics for the purpose of any of the matters enumerated in this list. (3) Generally all matters which in the opinion of the President are of a merely local or private nature in the State.

FOURTH SCHEDULE: STATE REVENUE LIST [See Section 96]

1. Land Revenue: (i) Land revenue proper. (ii) Rents and fees of fisheries. (iii) Royalty on petroleum. (iv) Royalty on minerals and taxes on mineral rights. (v) Royalty on rubber. (vi) Capitation and Thathameda taxes.

2. Duties of Excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: (i) Alcoholic liquors for human consumption (ii) Opium. (iii) Indian hemp and other narcotics; non-narcotic drugs. (iv) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above.

3. Fees taken in Courts subordinate to the High Court.

4. Forests.

5. Registration.

6. Taxes on trades and employments.

7. Taxes on animals and boats.

8. Taxes on entertainments, amusements, betting and gambling.

9. Taxes under the State Motor Vehicles Taxation Acts.

10. Irrigation dues.

11. Interests on advances made from the State revenues and on State investment.

12. Contributions from component parts to the State.

13. Contributions from the Union.

14. All fees, fines, sale proceeds and rents of property belonging to the State, recoveries of over-payments and payments for services rendered in connection with any or all matters enumerated above and also in connection with the following: — (a) Administration of justice. (b) Jails and convict settlements. (c) Police. (d) Education. (e) Medical. (f) Public health. (g) Agriculture. (h) Veterinary. (i) Co-operative societies. (j) Registration of births, deaths and marriages. (k) Civil works. (l) Receipts in aid of superannuation of State employees. (m) Stationery and printing. (n) Unclaimed deposits. (o) Treasure trove. (p) Tolls. (q) Extraordinary receipts.

Constitution of 1974

Preamble

We, the people residing in the Socialist Republic of the Union of Burma have throughout history lived in harmony and unity sharing joys and sorrows in weal or woe.

The people of the land have endeavoured with perseverance and undaunted courage, for the attainment of independence, displaying throughout their struggles for national liberation against imperialism an intense patriotism, spirit of mutual help and sacrifice and have aspired to Democracy and Socialism.

After attaining independence, the power and influence of the feudalists, landlords, and capitalists had increased and consolidated due to the defects in the old Constitution and the ill-effects of capitalistic parliamentary democracy. The cause of Socialism came under near eclipse.

In order to overcome this deterioration and to build Socialism, the Revolutionary Council of the Union of Burma assumed responsibility as a historical mission, adopted the Burmese Way to Socialism, and also formed the Burma Socialist Programme Party.

The Burma Socialist Programme Party has drafted the Constitution of the Socialist Republic of the Union of Burma, in accordance with the wishes of the people, after extensive and thorough discussions with them, for the purpose of building a peaceful and prosperous socialist society to which the working people of the national races have long aspired.

We, the working people, firmly resolved that we shall.
— faithfully follow the leadership of the Burma Socialist Programme Party,
— build a socialist economic system by the Burmese Way to Socialism, for the country to be peaceful and prosperous, opposing all pernicious systems characterised by exploitation of man by man, and of one national race by another, with a view to promoting justice and goodwill among the people, and to freeing them from apathy and callousness, ignorance, backwardness and want of opportunity,
— build a socialist democratic social order which will afford an opportunity to the people to shape their own destiny, by the Burmese Way to Socialism,
— live forever in harmony unity and racial equality sharing joys and sorrows through weal and woe in the Socialist Republic of the Union of Burma,
— efficiently perform all duties and fulfil all obligations in the interest of the State and for the cause of Socialism while enjoying the democratic rights and personal rights and freedom bestowed by this Constitution,
— constantly strive to promote international peace and friendly relations among the nations,
do adopt this Constitution of the Socialist Republic of the Union of Burma by a nation-wide referendum this 11th day of the waxing of Pyatho of the year 1335 B.E. (the 3rd day of the month of January, 1974 A.D.).

CHAPTER I: THE STATE

Article 1: Burma is a sovereign independent Socialist State of the working people. The State shall be known as The Socialist Republic of the Union of Burma.

Article 2: The Socialist Republic of the Union of Burma is a State wherein various national races make their homes together.

Article 3: The territory of the State shall be the land, sea and airspace which constitute its territory on the day this Constitution is adopted.

Article 4: National sovereignty shall reside in the entire State.

CHAPTER II: BASIC PRINCIPLES

Article 5: A Socialist society is the goal of the State.

Article 6: The economic system of the State is a Socialist economic system.

Article 7: Socialist democracy is the basis of the State structure.

Article 8: There shall be no exploitation of man by man nor of one national race by another in the State.

Article 9: The State safeguards the interests of the working people whose strength is based on peasants and workers.

Article 10: The State shall cultivate and promote the all-round physical, intellectual and moral development of youth.

Article 11: The State shall adopt a single-party system. The Burma Socialist Programme Party is the sole political party and it shall lead the State.

Article 12: The sovereign powers of the State, legislative, executive and judicial reside in the people, comprising all national races whose strength is based on peasants and workers. The Pyithu Hluttaw [People's Congress], elected by citizens having the right to vote, exercises the sovereign power invested in it by the people and delegates to Organs of State Power in accordance with this Constitution.

Article 13: The Pyithu Hluttaw shall exercise the legislative power solely by itself while it may delegate executive and judicial powers to the Central and Local Organs of State Power formed under this Constitution.

Article 14: The Organs of State Power at different levels shall function in accordance with socialist democratic practices which include mutual reporting, mutually offering, accepting and respecting of advice and wishes, collective leadership, collective decision making, abiding by collective decisions, lower organs carrying out the decisions and directives of the higher organs which in turn respect the views submitted by the lower organs.

Article 15: Every citizen has, in accordance with this Constitution and other relevant laws, the right to — (a) elect, and to be elected as, people's representatives to the Organs of State Power at different levels; (b) recall elected people's representatives.

Article 16: Every people's representative, elected to any Organ of State Power, shall report back to the electorate on his work and shall also ascertain the wishes of the people.

Article 17: The working people shall have full participation in local matters, so that such matters may be resolved as far as possible, at the local level. They shall be invested with duties and powers.

Article 18: The State — (a) is the ultimate owner of all natural resources above and below the ground, above and beneath the waters and in the atmosphere, and also of all the lands; (b) shall develop, extract, exploit and utilise the natural resources in the interest of the working people of all the national races.

Article 19: The State shall nationalise the means of production within the land. Suitable enterprises shall be owned and operated by co-operatives.

Article 20: The State may, in accordance with law, permit such private enterprises which do not undermine the socialist economic system.

Article 21: (a) The State shall be responsible for constantly developing and promoting unity, mutual assistance, amity and mutual respect among the national races. (b) The national races shall enjoy the freedom to profess their religion, use and develop their language, literature and culture, follow their cherished traditions and customs, provided that the enjoyment of any such freedom does not offend the laws or the public interest.

Article 22: All citizens shall — (a) be equal before the law, regardless of race, religion, status, or sex; (b) enjoy equal opportunities; (c) enjoy the benefits derived from his labour in proportion to his contribution in manual or mental labour; (d) have the right to inherit according to law.

Article 23: No penal law shall have retrospective effect.

Article 24: Punishments shall not be awarded in violation of human dignity.

Article 25: Laws shall be enacted to enforce the freedoms, powers, rights, duties and restrictions prescribed by this Constitution.

Article 26: The State consistently practises an independent foreign policy, aimed at international peace and friendly relations among nations, and upholds the principles of peaceful co-existence of nations.

Article 27: These basic principles constitute the guidelines for interpreting the provisions of this Constitution and of other laws.

CHAPTER III: STATE STRUCTURE

Article 28: Local autonomy under central leadership is the system of the State.

Article 29: (a) Local areas of the Socialist Republic of the Union of Burma shall be organised as follows:- (1) villages are organised as village-tracts; (2) wards are organised as towns; (3) village-tracts and towns are organised as townships; (4) townships are organised as states or divisions; (5) states and divisions are organised as the State. (b) The different levels of administrative areas of the Socialist Republic of the Union of Burma shall be as follows:- (1) wards or village-tracts; (2) townships; (3) states or divisions; (4) the State.

Article 30: (a) Kawthoolei is constituted as Karen State; (b) Chin Special Division is constituted as Chin State; (c) Tenasserim Division (1) is constituted as Mon State; (d) Tenasserim Division (2) is constituted as Tenasserim Division; (e) Arakan Division is constituted as Arakan State.

Article 31: The States and Divisions of the Socialist Republic of the Union of Burma are as follows: — (a) Kachin State (b) Kayah State (c) Karen State (d) Chin State (e) Sagaing Division (f) Tenasserim Division (g) Pegu Division (h) Magwe Division (i) Mandalay Division (j) Mon State (k) Arakan State (l) Rangoon Division (m) Shan State (n) Irrawaddy Division.

Article 32: The Socialist Republic of the Union of Burma has a unicameral Pyithu Hluttaw.

Article 33: The Council of State shall be formed for the purpose of directing, supervising and co-ordinating the works of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 34: The following Central Organs of State Power shall be formed to carry out the tasks laid down by the Pyithu Hluttaw: — (a) The Council of Ministers; (b) The Council of People's Justices; (c) The Council of People's Attorneys; (d) The Council of People's Inspectors.

Article 35: A People's Council shall be formed for each State, Division, Township, Ward and Village-tract.

Article 36: (a) An Executive Committee, a Committee of Judges and an Inspection Committee shall be formed for each State, Division, or Township People's Council. (b) An Executive Committee and a Committee of Judges shall be formed for each Ward or Village- tract People's Council.

Article 37: Bodies of Public Services, such as bodies of Public Administrative Services, Judicial Services, Law Services and Accounts Services shall be formed where necessary at central and local levels.

Article 38: The Pyithu Hluttaw may, in the interests of the State re-demarcate the territorial limits of the State by a vote of 75 per cent of all the members of the Pyithu Hluttaw.

Article 39: The Pyithu Hluttaw may make laws to — (a) reconstitute States or Divisions as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned; (b) re-demarcate the boundary of any State or Division, as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned; (c) change the name of any State or Division, as the need arises, after ascertaining the wishes of citizens residing in the State or Division concerned.

Article 40: The Council of Ministers may constitute or reconstitute villages, village-tracts, wards, towns and townships within a State or Division, as the need arises, in consultation with the People's Councils concerned.

CHAPTER IV: PYITHU HLUTTAW

Article 41: The Pyithu Hluttaw is the highest Organ of state power. It exercises the sovereign powers of the State on behalf of the people.

Article 42: The Pyithu Hluttaw shall be formed with People's representatives elected directly by secret ballot by citizens who have the right to vote under this Constitution and other electoral laws.

Article 43: The regular term of the Pyithu Hluttaw is four years from the date of its first session.

Article 44: The legislative power of the State is vested solely in the Pyithu Hluttaw.

Article 45: The Pyithu Hluttaw may delegate executive and judicial powers of the State to Central and Local Organs of State Power in accordance with this Constitution.

Article 46: The Pyithu Hluttaw shall have the right to enact laws concerning the culture of a national race only with the consent of more than half of all the members of the Pyithu Hluttaw from the State or Division concerned.

Article 47: The Pyithu Hluttaw shall have exclusive power to enact laws relating to State economic plans, annual budget and taxation.

Article 48: The Pyithu Hluttaw shall decide — (a) important matters only by a vote of 75 per cent of all of its members; (b) ordinary matters by a vote of more than half of all its members; (c) as to whether any matter is important or ordinary by a vote of more than half of the members present.

Article 49: The Pyithu Hluttaw may decide to declare war and to make peace only by a vote of 75 per cent of all its members. The Council of State shall convene an emergency session of the Pyithu Hluttaw should circumstances call for a decision while the Pyithu Hluttaw is not in session.

Article 50: The Pyithu Hluttaw may decide to hold a referendum where necessary.

Article 51: 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.

Article 52: The Council of State shall convene a session of the Pyithu Hluttaw as soon as possible if 34 per cent of all the members of the Pyithu Hluttaw so requisition.

Article 53: (a) A Panel of Chairmen shall be elected to preside at each regular session of the Pyithu Hluttaw. (b) The members of the Pyithu Hluttaw from each State or Division shall elect a chairman from among themselves to the Panel of Chairmen. The Pyithu Hluttaw shall give its approval to the election of the chairmen. (c) Members of the Panel of Chairmen shall preside over the sessions of the Pyithu Hluttaw by rotation. (d) A member of the Pyithu Hluttaw who is also a member of the Council of State or of any Central Organ of State Power shall not be a member of the Panel of Chairmen. Should a member of the Panel of Chairmen-be elected to the Council of State or to any Central Organ of State Power he shall resign from the Panel. (e) The Panel of Chairmen shall continue to carry out its duties till a new Panel has been elected at the next regular session of the Pyithu Hluttaw. (f) The Panel of Chairmen of the Pyithu Hluttaw shall convene a session of the Pyithu Hluttaw if the Council of State fails to comply within 30 days from the date of a requisition made under Article 52.

Article 54: The Pyithu Hluttaw shall — (a) constitute various Affairs Committees of the Pyithu Hluttaw relating to economic, financial, social, public administrative, legislative, foreign, national races and other affairs, with members elected from among those of the Pyithu Hluttaw; (b) in accordance with law constitute a National Defence and Security Committee consisting of a suitable number of members of the Council of State and of the Council of Ministers.

Article 55: The Pyithu Hluttaw shall enact a law to enable the Council of People's Inspectors to conduct inspections through committees to be formed by it, to determine whether or not the activities and the work of the following bodies are beneficial to the interests of the people: — (a) Local Organs of State Power; (b) Ministries; (c) Bodies of Public Services; and (d) such other organisations as may be prescribed by law.

Article 56: The Pyithu Hluttaw may form Commissions and Committees as and when necessary and invest them with duties and powers.

Article 57: The Pyithu Hluttaw shall make laws, rules and procedures for itself and for its Affairs Committees.

Article 58: The Council of State and the Central Organs of State Power shall be responsible to the Pyithu Hluttaw.

Article 59: (a) 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. (b) If need should arise to arrest any member of the Pyithu Hluttaw belonging to any organ 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. (c) 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.

Article 60: All deliberations and actions in sessions of the Pyithu Hluttaw or of the Organs of the Pyithu Hluttaw are absolutely privileged. No member shall be liable or punishable therefor, except under the laws, rules and regulations of the Pyithu Hluttaw.

Article 61: When the Pyithu Hluttaw is not in session, the Central Organs of State Power shall reply to written questions submitted by any member of the Pyithu Hluttaw within three weeks from the date of receipt of the question.

Article 62: The Pyithu Hluttaw may be dissolved if 75 per cent of all its members so resolve.

Article 63: The Pyithu Hluttaw may dissolve any People's Council or People's Councils for any of the following reasons: — (a) violation of any provision of this Constitution, (b) actions undermining national unity, (c) endangering the stability of the State, (d) contravention of any resolution adopted by the Pyithu Hluttaw, (e) inefficient discharge of duties.

CHAPTER V: COUNCIL OF STATE

Article 64: The Pyithu Hluttaw shall form the Council of State with the following persons elected from among its members: — (a) one member each elected by the States and Divisions, from among members of the Pyithu Hluttaw of the State or Division concerned, (b) members elected by the members of the Pyithu Hluttaw from among themselves, equal in number to the number of representatives elected under Clause (a) of this Article, and (c) the Prime Minister.

Article 65: Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall elect from among themselves the Chairman and the Secretary of the Council of State and shall obtain the approval of the Pyithu Hluttaw for such election.

Article 66: The Chairman of the Council of State shall be the President of the Republic.

Article 67: The term of office of the President is the same as that of the Council of State.

Article 68: The President of the Republic represents the State.

Article 69: If the Chairman of the Council of State is temporarily incapable of performing his duties, the Secretary of the Council of State shall perform the duties of the chairman, in addition to his own.

Article 70: The Council of State shall be responsible for giving effect to the provisions of this Constitution.

Article 71: The Council of State is responsible to the Pyithu Hluttaw. It shall report on its activities to the nearest session of the Pyithu Hluttaw.

Article 72: The term of office of the Council of State is the same as that of the Pyithu Hluttaw. The Council of State shall, on the expiry of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of State has been duly elected and constituted.

Article 73: The Council of State shall — (a) convene sessions of the Pyithu Hluttaw in consultation with the Panel of Chairmen of the Pyithu Hluttaw; (b) interpret the laws other than this Constitution for the purpose of uniformity; (c) promulgate laws enacted and rules made by the Pyithu Hluttaw; (d) submit lists of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect the Council of Ministers, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors. [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists.]; (e) submit a list of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect Affairs Committees of the Pyithu Hluttaw [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists]; (f) make decisions concerning the establishment of diplomatic relations with foreign countries, severance of such relations and appointment and recall of diplomatic representatives; (g) make decisions concerning the acceptance of credentials of envoys of foreign States or their recall; (h) make decisions concerning the entering into, ratification or annulment of international treaties, or the withdrawal from such treaties with the approval of the Pyithu Hluttaw; (i) make decisions concerning international agreements; (j) appoint or remove Deputy Ministers; (k) decide on the temporary suspension from duty or attendance of any session of any member of the Pyithu Hluttaw against whom action for high treason may be called for, provided the approval therefor shall be obtained from the nearest session of the Pyithu Hluttaw; (l) appoint or dismiss heads of Bodies of Public Services; (m) abrogate the decisions and orders of the Central and Local Organs of State Power if they are not consistent with the law; (n) institute, confer or revoke titles, honours and awards; (o) grant pardons or amnesty; (p) perform other duties and exercise powers invested under this Constitution and other laws.

Article 74: The Council of State may make, if necessary, ordnances having the force of law, on matters other than those prescribed in Article 47, during the interval between sessions of the Pyithu Hluttaw. Such orders shall be submitted for approval to the nearest session of the Pyithu Hluttaw held within go days. If no session of the Pyithu Hluttaw is due within 90 days after the promulgation of such orders, an emergency session of the Pyithu Hluttaw shall be convened and approval obtained. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.

Article 75: The Council of State may take suitable military action in the face of aggression against the State and action so taken shall be submitted to an emergency session of the Pyithu Hluttaw. If the situation is such that it is absolutely impossible to convene an emergency session of the Pyithu Hluttaw, the Council of State may continue all necessary military action. Such action shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 76: The Council of State may declare a state of emergency and promulgate martial law in specified areas or in the entire State, if an emergency affecting the defence and security of the State should arise. It may order mobilisation in certain areas or in the entire State. Such measures shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 77: The Council of State may propose to the Pyithu Hluttaw the extension of the term of the Pyithu Hluttaw or of the People's Councils at different levels by six months at a time up to three times, if wars or natural disasters or conditions prejudicial to security render elections impossible though the regular term of the Pyithu Hluttaw or of the People's Councils has expired.

Article 78: If an emergency arises in the entire State, the Council of State shall declare a state of emergency and convene an emergency session of the Pyithu Hluttaw. If a sufficient number of Pyithu Hluttaw members necessary to form a quorum fails to attend, the Council of State may take the following measures: — (a) the Council of State, the Central Organs of State Power, members of the Pyithu Hluttaw belonging to the Organs of the Pyithu Hluttaw and those members who are able to attend the session shall collectively perform the duties and functions of the Pyithu Hluttaw, and (b) a session of the Pyithu Hluttaw shall be convened as soon as the situation permits and approval obtained on the measures taken on behalf of the Pyithu Hluttaw.

Article 79: The Council of State shall direct, supervise and co-ordinate the work of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 80: The Chairman of the Council of State shall sign the laws, rules and resolutions passed by the Pyithu Hluttaw as well as the orders promulgated by the Council of State. These shall be promulgated in the official Gazette.

Article 81: Bodies of Public Services may be constituted only by decision of the Council of State.

CHAPTER VI: COUNCIL OF MINISTERS

Article 82: The Council of Ministers shall be formed as follows: — (a) The Pyithu Hluttaw elects members of the Council of Ministers from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64. (b) The Council of Ministers elects a Prime Minister from among its members. (c) The Council of Ministers elects Deputy Prime Ministers from among the Ministers nominated by the Prime Minister.

Article 83: The Council of Ministers is the highest executive organ of the State.

Article 84: The Council of Ministers is responsible to the Pyithu Hluttaw when the Pyithu Hluttaw is in session and to the Council of State when the Pyithu Hluttaw is not in session.

Article 85: The Council of Ministers — (a) shall submit to the Council of State a list of those members of the Pyithu Hluttaw who should be appointed as Deputy Ministers; (b) may propose to the Council of State the termination of the service of a Deputy Minister, when necessary.

Article 86: (a) The term of office of the Council of Ministers is the same as that of the Pyithu Hluttaw. On the expiry of the term of the Pyithu Hluttaw, the Council of Ministers shall continue to perform its duties until a new Council of Ministers has been elected. (b) The term of office of Deputy Ministers is the same as that of the Council of Ministers.

Article 87: The Council of Ministers — (a) is responsible for the management of executive, economic, financial, social, cultural and foreign affairs and national defence on behalf of the Pyithu Hluttaw in accordance with the principle of collective leadership; (b) implements the socialist economic system through the economic plan of all the national races; (c) implements the resolution of the Pyithu Hluttaw and the orders of the Council of State; (d) directs and co-ordinates the Ministries, organs of public administration and the executive Committees of the People's Council at different levels; (e) maintains the rule of law and upholds law and order; (f) perform such other duties as may be laid down by the Pyithu Hluttaw or the Council of State.

Article 88: The Council of Ministers shall draw up, after making necessary adjustments, and submit the following to the Pyithu Hluttaw through the Council of State: — (a) long-term, short-term and annual economic plans; (b) annual budgets; (c) annual reports on the situation of the State; (d) reports that may be required from time to time.

Article 89: The Council of Ministers shall be solely responsible for the submission of the following bills to the Pyithu Hluttaw through the Council of State for enactment into law: — (a) bills on economic plans; (b) bills on budgets; (c) bills on taxation.

Article 90: Each Minister is responsible for the successful performance of the duties of those organs of public administration with which he is charged at their different levels.

Article 91: A Minister is responsible to the Council of Ministers. A Deputy Minister is responsible to the Minister concerned.

Article 92: The Council of Ministers may, with the approval of the Council of State, constitute such Bodies of Public Administrative Services at different levels as may be necessary and may appoint the required personnel to such Services, according to law.

Article 93: The Council of Ministers shall prescribe the duties and powers of organs of public administration at all levels.

Article 94: Organs of public administration at different levels shall be responsible to those of the next higher level as well as to the People's Councils concerned and be subject to their supervision and inspection.

CHAPTER VII: COUNCIL OF PEOPLE'S JUSTICES

Article 95: (a) The Pyithu Hluttaw elects members of the Council of People's Justices from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64. (b) Members of the Council of People's Justices shall elect a Chairman from among themselves.

Article 96: (a) The following Judicial Organs shall be constituted in the State- (1) the Council of People's Justices; (2) State Judges' Committee, Divisional Judges' Committee; (3) Township Judges' Committee; (4) Ward Judges' Committee, Village-tract Judges' Committee; (b) The Pyithu Hluttaw shall prescribe, by law, the duties and powers of the Judicial Organs.

Article 97: The term of office of the Council of People's Justices shall be the same as that of the Pyithu Hluttaw. The Council of People's Justices shall, on expiry of the term of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of People's Justices has been elected.

Article 98: Justice shall be administered collectively by each judicial organ.

Article 99: Military justice for members of the People's Defence Services may be administered according to law by a collective organ or by a single Judge.

Article 100: Administrative tribunals may be formed according to Law.

Article 101: Administration of justice shall be based on the following principles — (a) to protect and safeguard the Socialist system; (b) to protect and safeguard the interests of the working people; (c) to administer justice independently according to law; (d) to educate the public to understand and abide by the law; (e) to work within the framework of law as far as possible for the settlement of cases between members of the public; (f) to dispense justice in open court unless otherwise prohibited by law; (g) to guarantee in all cases the right of defence and the right of appeal under law; (h) to aim at reforming moral character in meting out punishment to offenders.

Article 102: The Burmese language shall be used in the administration of justice. Languages of the national races concerned may also be used, when necessary, and arrangements shall then be made to make interpreters available.

Article 103: The Council of People's Justices — (a) is the highest judicial organ of the State and; (b) shall form the necessary judicial Courts only with its members and administer justice.

Article 104: The Council of People's Justices shall be responsible to the Pyithu Hluttaw and shall report to the Pyithu Hluttaw on the state of the administration of justice. When the Pyithu Hluttaw is not in session, the Council of People's Justices shall be responsible to the Council of State.

Article 105: The Council of People's Justices shall supervise all judicial organs and courts within the State.

Article 106: (a) The State People's Councils, the Divisional People's Councils, the Township People's Councils, the Ward People's Councils and the Village-tract People's Councils shall respectively form the State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees with persons elected from among the members of the respective People's Councils. (b) Members of the Judges' Committees elected by the People's Councils at different levels under Clause (a) above shall each elect a Chairman from among their members.

Article 107: (a) The Judges' Committees of the People's Councils at different levels shall form with it members, such Courts as may be necessary. (b) If the number of members of the Judges' Committees is not sufficient to form Courts under Clause (a) above Courts may be formed with members of the Peoples' Councils concerned under the leadership of a member of the Judges' Committee at the respective level. Other suitable citizens may be included in such Courts only if the number of members of the respective People's Council is not sufficient to form such Courts.

Article 108: The term of office of State Judges' Committees, Divisional Judges' Committees, Township Judges' Committees, Ward Judges' Committees and Village-tract Judges' Committees shall be the same as that of the People's Councils concerned at different levels. On expiry of the term of the People's Councils at different levels, the respective Judges' Committee shall continue to perform its duties and functions until a new Judges' Committee has been elected.

Article 109: The Council of People's Justices may, with the approval of the Council of State, form bodies of judicial services at different levels as may be necessary and appoint the required personnel to such services according to law.

Article 110: The State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees shall supervise the judicial organs and Courts formed by them and such Judges' Committees shall be responsible to the People's Councils concerned.

CHAPTER VIII: COUNCIL OF PEOPLE'S ATTORNEYS

Article 111: (a) The Pyithu Hluttaw elects members of the Council of People's Attorneys from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64. (b) Members of the Council of People's Attorneys shall elect a Chairman from among themselves.

Article 112: The Council of People's Attorneys shall — (a) protect and safeguard the Socialist system; (b) protect and safeguard the rights and privileges of the working people; (c) tender legal advice to the Council of State and to the Council of Ministers; (d) report to the Council of State any acts of the Central and Local Organs of State Power and of the Bodies of Public Services which infringe the law; (e) undertake any other duties prescribed by law.

Article 113: The term of office of the Council of People's Attorneys is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Attorneys shall continue to perform its duties and functions till a new Council of People's Attorneys has been elected.

Article 114: The Council of People's Attorneys shall be responsible to the Pyithu Hluttaw. It shall report to the Pyithu Hluttaw on the progress of its work. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 115: The Council of People's Attorneys may, with the approval of the Council of State, form as necessary, bodies of law services at different levels and shall also appoint the required law officers in accordance with law.

Article 116: The Council of People's Attorneys shall direct and supervise the Central law officers, State and Divisional law officers and Township law officers.

Article 117: The Pyithu Hluttaw shall by law prescribe the duties and powers of the Council of People's Attorneys, the Central, State and Divisional law officers and Township law officers.

CHAPTER IX: COUNCIL OF PEOPLE'S INSPECTORS

Article 118: (a) The Pyithu Hluttaw elects members of the Council of People's Inspectors from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64. (b) Members of the Council of People's Inspectors shall elect a Chairman from among themselves.

Article 119: The Council of People's Inspectors is the highest organ of inspection of public undertakings.

Article 120: The Council of People's Inspectors shall be responsible to the Pyithu Hluttaw. It shall submit reports to the Pyithu Hluttaw on the progress of inspection of public undertakings. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 121: (a) The Council of People's Inspectors shall conduct inspections to determine whether the activities of the Local Organs of State Power, Ministries, Bodies of Public Services and such other organisations as may be prescribed by law prove beneficial to the interests of the public. (b) The Council of People's Inspectors shall report on its findings and measures taken by it, to the Pyithu Hluttaw through the Council of State.

Article 122: The term of office of the Council of People's Inspectors is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Inspectors shall continue to perform its duties and functions till a new Council of People s Inspectors has been elected.

Article 123: (a) The State, Divisional and Township People's Councils shall form State, Divisional and Township Inspectorates with members of State, Divisional and Township People's Councils concerned. (b) Members of each Local Inspectorate shall elect a Chairman from among themselves. (c) The Pyithu Hluttaw shall by law prescribe the duties and powers of Local Inspectorates.

Article 124: Each Local Inspectorate shall be responsible to the People's Council concerned.

Article 125: The Local Inspectorates shall perform the following duties — (a) reporting to the People's Council concerned on the activities carried out during the interval between the meetings of the People's Council; (b) implementing tasks and submitting reports under the guidance of the People's Council concerned and of the organs at higher level.

Article 126: The term of office of the Local Inspectorates is the same as that of the People's Councils at different levels. On expiry of the People's Council, the Local Inspectorate shall continue to perform, its duties and functions until a new Local Inspectorate has been elected.

Article 127: The Council of People's Inspectors may, with the approval of the Council of State, form as necessary, Bodies of Accounts Services at different levels and shall also appoint the required accounts officers in accordance with law.

Article 128: The Central Accounts Office shall be responsible to the Council of People's Inspectors and accounts offices at different levels shall be responsible to the Inspectorates concerned and to the accounts offices at the higher level and shall submit to their supervision and inspection.

CHAPTER X: PEOPLE'S COUNCILS

Article 129: The People's Councils at different levels shall be formed in accordance with this Constitution and electoral laws with people's representatives elected directly by secret ballot by citizens having the right to vote in the area concerned.

Article 130: The number of people's representatives constituting the People's Councils at different levels as well as the Organs of the People's Council shall be prescribed by law.

Article 131: The term of office of the People's Councils at different levels shall be the same as the regular term of office of the Pyithu Hluttaw.

Article 132: The People's Councils at different levels are Local Organs of State Power and they shall implement the following tasks within the framework of law: — (a) economic and social affairs and public administration; (b) administration of justice; (c) local security, defence, maintenance of rule of law and order; (d) solidarity of the national races and preservation, protection and promotion of their traditional cultures; (e) Protection of the rights of the people in the area concerned and organising and urging them to perform their duties efficiently; (f) formulation of economic plans and their implementation; (g) preparation of annual budgets and their co-ordination; (h) construction, settlement and rural and urban development works; (i) communications; (j) directing, supervising and co-ordinating Local Organs of State Power and Bodies of Public Services relating to them; (k) providing leadership to the people and keeping in close contact with them to obtain their active participation in works of public interest; (l) preservation, protection and development of natural environment; (m) co-ordinating the affairs of Local Bodies of Public Services; (n) Performing such other necessary works of public interest as may be prescribed by law.

Article 133: (a) The People's Councils at different levels shall hold meetings as prescribed by law. (b) The Members of the Panel of Chairmen shall be elected from among the members of the People's Councils to preside over the regular meetings of the People's Councils at different levels. (c) The Members of the Panel of Chairmen shall preside over the meetings by rotation. (d) A member of a People's Council who is also a member of the Executive Committee, the Judges' Committee or the Inspectorate of such People's Council shall not be a member of the Panel of Chairmen of such Council. Should a member of the Panel of Chairmen be elected to the Executive Committee, the Judges' Committee or the Inspectorate he shall resign from the Panel of Chairmen. (e) The Panel of Chairmen shall continue to perform its duties till the next regular session of the People's Council is convened and a new Panel of Chairmen has been elected therefor. (f) The Executive Committee of a People's Council shall convene a meeting of the Council if 34 per cent of all the members of the Council so requisition. If the Executive Committee fails to convene the meeting within 30 days from the date of such a requisition, the Panel of Chairmen shall, as soon as possible, convene the meeting.

Article 134: The State People's Council, Divisional People's Council-and Township People's Council shall form People's Council Affairs Committees with members of the People's Council concerned.

Article 135: An Executive Committee shall be elected from among its members by each of the People's Councils at different levels, to implement the tasks decided upon by the People's Council. The members of the Executive Committee shall elect a chairman and a secretary from among themselves. The chairman and the secretary so elected shall concurrently be the Chairman and the Secretary of the People's Council concerned.

Article 136: The Chairman of each of the People's Councils shall concurrently be the Chairman of the State, Division, Township, Ward or Village-tract concerned.

Article 137: The Executive Committee of each of the People's Councils at different levels shall be responsible to the People's Council concerned.

Article 138: The Executive Committees of the People's Councils at different levels shall perform the following duties — (a) convening meetings of the People's Council in consultation with the Panel of Chairmen; (b) promulgation and implementation of decisions, orders and directives of the People's Councils; (c) implementation of the tasks laid down by the Council of Ministers as well as by the People's Councils concerned; (d) maintaining intercommunications between the Executive Committees at different levels and co-ordinating their activities; directing and supervising of the Executive Committee at the lower level by the one at the higher level; (e) directing, supervising and co-ordinating the work of Local Bodies of Public Services, coordinating the affairs of Public Services; (f) submitting to the People's Council concerned, reports on the activities carried out during the interval between meetings of the People's Council; (g) the temporary suspension from duty or attendance of any session of any member of the People's Council against whom action for high treason may be called for, provided that approval therefor shall be obtained from the nearest session of the People's Council.

Article 139: The term of office of the Executive Committees of the People's Councils at different levels is the same as that of the People's Councils. On the expiry of the term of the People's Council, the Executive Committee shall continue to perform its duties and functions till a new Executive Committee has been elected.

Article 140: (a) If need should arise to arrest any member of a People's Council in session, reliable evidence in support of such need shall be produced before the Panel of Chairmen of the People's Council. No arrest shall be made without the prior approval of the Panel of Chairmen of the People's Council concerned. (b) If need should arise to arrest any member of an organ People's Council, while such organ is in session, reliable evidence in support of such need shall be produced before the Executive Committee concerned. No arrest shall be made without the prior approval of the Executive Committee. (c) If any member of a People's Council is arrested while the People's Council or any of its organs is not in session, reliable evidence in support of such arrest shall be produced before the Executive Committee as soon as possible.

Article 141: All deliberations and actions at the meetings of a People's Council and of any of its organs are absolutely privileged. No member shall be liable or punishable therefor except under the laws, rules and bye-laws of the People's Council.

Article 142: Members of the People's Councils shall maintain contacts with their electorate and shall report back on their activities and keep them informed from time to time on questions of policy.

Article 143: Members of the People's Councils shall seek, and submit, the wishes, opinions and proposals of the people to the People's Council concerned and work for their realisation.

Article 144: The People's Councils may report on local matters of importance and submit advice for the benefit of the public, from the lower to the higher levels of the People's Councils, up to the Council of State.

CHAPTER XI: FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS

Article 145: (a) All persons born of parents both of whom are nationals or the Socialist Republic of the Union of Burma are citizens of the Union. (b) Persons who are vested with citizenship according to existing laws on the date this Constitution comes into force are also citizens.

Article 146: Citizenship, naturalisation and revocation of citizenship shall be as prescribed by law.

Article 147: All citizens are equal be before the law irrespective of race status official position wealth, culture birth religion or sex.

Article 148: Every citizen shall have the right to — (a) enjoy the benefits derived from his labour in proportion to his contribution in manual or mental labour and diligence; (b) freely undertake any vocation permitted by the State within the framework of the Socialist economy; (c) settle and reside in any place within the State according to the law.

Article 149: Every citizen in sickness shall have the right t to medical treatment as arranged by the State.

Article 150: Every working citizen has the right to — (a) rest and recreation, (b) fixed working hours and leave as prescribed by law.

Article 151: (a) Every working citizen shall enjoy benefits as prescribed by law for injury due to occupational accidents or when disabled or sick or old. (b) Heirs to any working citizen shall enjoy benefits as prescribed by law on his death.

Article 152: (a) Every citizen shall have the right to education. (b) Burmese is the common language. Languages of the other national races may also be taught. (c) Every citizen shall be given basic education which the State prescribes by law as compulsory.

Article 153: (a) Every citizen shall have the right to freely conduct scientific research, work with creativity and initiative to develop the arts, literature and other branches of culture. (b) Every citizen shall have the right to freely use one's language and literature, follow one's customs, culture and traditions and profess the religion of his choice. The exercise of this right shall not, however, be to the detriment of national solidarity and the socialist social order which are the basic requirements of the entire Union. Any particular action in this respect which might adversely affect the interests of one or several other national races shall be taken only after consulting with and obtaining the consent of those affected. (c) Notwithstanding the rights enjoyed under Clauses (a) and (b) acts which undermine the unity and solidarity of the national races, national security or the socialist social order arc prohibited. Persons who violate this prohibition shall be punished according to law.

Article 154: (a) Women shall enjoy equal political, economic, social and cultural rights as men. (b) Mothers, children and expectant mothers shall enjoy those rights prescribed by law. (c) Children born of citizens shall enjoy equal rights. (d) Women shall enjoy freedoms and rights guaranteed by law as regards marriage, divorce, partition of property, succession and custody of their children.

Article 155: Every citizen shall have the right — (a) subject to the provisions of this Constitution, to elect and be elected to the Pyithu Hluttaw and the People's Councils at different levels; (b) to submit in accordance with law a list of candidates for election as people's representatives to the Pyithu Hluttaw and the People's Councils at different levels; (c) to recall in accordance with law people's representatives elected to the Pyithu Hluttaw and the People's Councils at different levels.

Article 156: (a) Every citizen shall have the right to freedom of thought, and of conscience, and to freely profess any religion. (b) Notwithstanding the rights and freedoms granted under Clause (a), the State may enact laws in the interests either of the working people or of law and order. (c) Religion and religious organisations shall not be used for political purposes. Laws shall be enacted to this effect.

Article 157: Every citizen shall have freedom of speech, expression and publication to the extent that the enjoyment of such freedom is not contrary to the interests of the working people and of socialism.

Article 158: Every citizen shall have the right freely to take part in political, social, class and mass organisations permitted by law and to enjoy freedom of association, assembly and procession. The State shall provide necessary assistance to the people to enable them to enjoy fully these rights and freedoms.

Article 159: (a) Personal freedom and security of every citizen shall be guaranteed. (b) No citizen shall be placed in custody for more than 24 hours without the sanction of a competent judicial organ. (c) The State shall be responsible for the protection, in accordance with law, of citizens of the Socialist Republic of the Union of Burma who are abroad.

Article 160: The privacy and security of the home, property, correspondence and other communications of citizens shall be protected by law subject to the provisions of this Constitution.

Article 161: Every citizen's income, savings, property and residential buildings lawfully earned and acquired by his diligence and manual and mental contribution, instruments of production permitted to be owned within the framework of the socialist economic system, and other lawful possessions shall be protected by law.

Article 162: The right of every citizen to inheritance shall be recognised by law.

Article 163: (a) Every citizen shall fully enjoy the rights provided by this Constitution. (b) Laws shall be enacted to ensure the most expeditious and effective protection of the rights of citizens and prevent their violation.

Article 164: (a) Every citizen shall have the right to lodge complaints concerning their grievances to the competent organ of State power. (b) The organ of State power shall investigate the complaints expeditiously and take such action as in be necessary.

Article 165: The right to sue for compensation any member of an organ of State power or any of the organs of State power or any public servant or any body of Public Services for abuse of authority entrusted by the people in violation of the rights or interests of any citizen shall be guaranteed and prescribed by law.

Article 166: Every citizen shall be under a duty in the exercise of his rights and freedom to abstain from undermining any of the following — (a) the sovereignty and security of the State; (b) the essence of the socialist system prescribed by this Constitution; (c) the unity and solidarity of the national races; (d) public peace and tranquillity; (e) public morality.

Article 167: (a) Laws may be enacted imposing necessary restriction on the rights and freedoms of citizens to prevent infringements of the sovereignty and security of the State, the essence of the socialist system prescribed by this Constitution, the unity and solidarity of the national races, public peace and tranquillity or public morality. (b) Such a preventive law shall provide that the restrictive order shall only be made collectively by a body and that the order shall be regularly reviewed and modified as necessary and that the aggrieved person shall have the right of appeal to a higher organ.

Article 168: Every citizen shall be under a duty to abide by the provisions of this Constitution, as well as the laws, work discipline, and local rules made for the building of a socialist society and discharge efficiently such duties as may be assigned to him by the State.

Article 169: Every citizen shall be under a duty to protect nationalised property, co-operative owned property and public property and strive to the best of his ability for socialist capital accumulation, for strengthening the defensive capacity of the State and enhancing the standards of living of the people.

Article 170: Every citizen shall be under a duty to protect and safeguard the independence sovereignty and territorial integrity of the Socialist Republic of the Union of Burma. This is a noble duty.

Article 171: Every citizen shall in accordance with law — (a) undergo military training, and (b) undertake military service for the defence of the State.

Article 172: Every citizen shall be under a duty to pay taxes and duties as prescribed by law.

CHAPTER XII: ELECTORAL SYSTEM

Article 173: The basic aims of the electoral system are as follows — (a) to elect people's representatives who will truly represent the working people; (b) to secure a broad participation of citizens in the electoral process; (c) to elect Organs of the Pyithu Hluttaw and of the People's Councils at different levels that will truly represent the working people.

Article 174: (a) Citizens shall directly elect people's representatives by secret ballot. (b) Every citizen who has attained the age of eighteen years shall have the right to vote. (c) All citizens who have the right to vote shall enjoy equal voting rights.

Article 175: Constituencies for the election of people's representatives to the Pyithu Hluttaw and the People's Councils at different levels shall be formed as follows — (a) constituency for Ward or Village-tract People's Council; (b) constituency for Township People's Council; (c) constituency for State or Divisional People's Council; (d) constituency for the Pyithu Hluttaw.

Article 176: (a) Constituencies for the Pyithu Hluttaw shall be delimited on township basis. (b) Each township shall elect one representative to the Pyithu Hluttaw. (c) Townships with large populations shall, in addition to the right granted under Clause (b), elect representatives in proportion to population as prescribed by electoral law. (d) Additional members of the Pyithu Hluttaw shall, by law, be allotted to States or Divisions having less than 10 townships and less than 10 lakhs in population.

Article 177: Persons having the right to vote and possessing the following qualifications are eligible to stand for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels — (a) being a citizen born of parents both of whom are also citizens; (b) having attained the age of 20 years to stand for election to Ward, Village-tract and Township People's Councils; (c) having attained the age of 24 years to stand for election to State and Divisional People's Councils; (d) having attained the age of 28 years to stand for election to the Pyithu Hluttaw.

Article 178: The following persons shall not have the right to vote or to stand for election — (a) members of religious orders, and (b) persons disqualified by electoral law.

Article 179: The Burma Socialist Programme Party, in consultation with mass and class organisations formed under its leadership and with the electorate of the constituency concerned, and respecting their wishes, shall submit lists of candidates for election as people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels.

Article 180: A candidate for election as a people's representative — (a) shall stand for election to the Pyithu Hluttaw to the People's Council at one level only and (b) from only one constituency.

Article 181: (a) The elections of people's representatives to the Pyithu Hluttaw and the People's Councils at different levels shall be valid only if more than half of all the persons from the respective constituencies having the right to vote have cast their votes. (b) A candidate for election as a people's representative shall be duly elected only if he obtains more than half of the votes cast in an election found valid under Clause (a) above.

Article 182: (a) The Pyithu Hluttaw shall form an Election Commission six months before the expiry of the terms of the Pyithu Hluttaw and the People's Councils for the purpose of electing a new Pyithu Hluttaw and new People's Councils at different levels. (b) The Council of State shall submit to the Pyithu Hluttaw, a list of names of citizens who are qualified by law, other than members of the Council of State and of the Council of Ministers, from among whom the Election Commission may be formed. (c) The Pyithu Hluttaw which decides to dissolve itself under Article 62, shall form, in accordance with Clause (b), an Election Commission for the election of a new Pyithu Hluttaw. (d) Elections for the Pyithu Hluttaw and the People's Councils at different levels shall be held as prescribed by law, prior to the expiry of the terms of the Pyithu Hluttaw and the respective People's Councils. (e) Sessions of the new Pyithu Hluttaw and of the new People's Councils at different levels shall be converted with the newly elected people's representatives on the date of expiry of the term of the old Pyithu Hluttaw and the old People's Councils.

Article 183: (a) If the Pyithu Hluttaw or any People's Council is dissolved before the expiry of its term elections shall be held as prescribed by law and sessions of the Pyithu Hluttaw or of the People's Council concerned shall be convened. (b) If any State, Divisional or Township People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them pending the election of the respective new People's Council. (c) If a Ward or Village-tract People's Council is dissolved, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them pending the election of the respective new People's Council.

Article 184: Expenses incurred in the elections of people's representatives to the Pyithu Hluttaw and to the People's Councils at different levels shall be met out of State funds.

Article 185: (a) If the situation is not yet ripe for the election of any State, Divisional or Township People's Council, the Council of State shall form, with suitable citizens, an Executive Committee, a Committee of Judges and a Local Inspectorate and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned. (b) If the situation is not yet ripe for the election of any Ward or Village-tract People's Council, the Council of State shall form with suitable citizens, an Executive Committee and a Committee of Judges and temporarily assign duties to them for the purpose of performing the functions of the People's Council concerned.

Article 186: The Pyithu Hluttaw shall enact such laws as may be necessary in connection with the election of people's representatives.

CHAPTER XIII: RECALL, RESIGNATION AND REPLACEMENT

Article 187: Any organ of State or the people who have elected and assigned duties to a people's representative or an organ wishing to recall such representative or organ for any of the following reasons, shall have the right to do so in accordance with law — (a) violation of any provision of the Constitution; (b) inefficient discharge of duties or (c) misbehaviour.

Article 188: Any people's representative who has been elected, or any representative who has been assigned duties in any organ of the Pyithu Hluttaw or of any People's Council, may submit his resignation to the respective organ in accordance with law.

Article 189: A vacancy arising for any reason in the Pyithu Hluttaw or in any People's Council at any level or in an organ of the Pyithu Hluttaw or the Council concerned shall be filled by election in accordance with law.

CHAPTER XIV: STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL

Article 190: The State Flag shall be as shown below:-[Image pending].
[The flag has a red background with a blue rectangle top left containing 14 white stars surrounding a white wheel with 15 outward-pointing cogs, at the centre of which is a yellow rice stalk -unofficial description]

Article 191: State Seal shall be as shown below: [image pending]

Article 192: The Pyithu Hluttaw shall prescribe the National Anthem Until a new National Anthem is prescribed the present National Anthem shall be used.

Article 193: The capital of the Republic is Rangoon.

Article 194: (a) The Preamble of this Constitution, Articles 1 and 4 of Chapter I, Articles 5, 6, 7, 8, 9, 11, 12, 14, 18 and 21 of Chapter II, Articles 28, 29 and 32 of Chapter III, Articles 41, 44 and 46 of Chapter IV and Article 194 of Chapter XV shall be amended with the prior approval of 75 per cent of all the members of the Pyithu Hluttaw, in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote. (b) Provisions other than those mentioned in Clause (a) shall be amended only with a majority vote of 75 per cent of all the members of the Pyithu Hluttaw. (c) Members of the Pyithu Hluttaw may submit to the Pyithu Hluttaw motions for amending this Constitution. (d) If a People's Council wishes to submit a motion for amending this Constitution such a motion shall be submitted stage by stage from the lower to the higher levels and finally to the Pyithu Hluttaw.

CHAPTER XVI: GENERAL PROVISIONS

Article 195: This Constitution shall come into force throughout the Union after its adoption in a nation-wide referendum by more than half of all the people who have the right to vote.

Article 196: The Revolutionary Council of the Union of Burma 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.

Article 197: Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on the Burmese text.

Article 198: Burmese shall be used as the official language for the purpose of uniformity and clarity in communications between the higher and lower level organs of the State and between such organs at the same level. If necessary the language of the national race concerned may be used.

Article 199: All policy guidelines, laws, rules, regulations, notifications proclamations, measures, responsibilities and rights of the Revolutionary Council of the Union of Burma shall devolve on the Socialist Republic of the Union of Burma.

Article 200: (a) In interpreting the expressions contained in this Constitution, reference shall be made to the Interpretation Law promulgated by the Revolutionary Council of the Union of Burma. (b) Amendments to and further interpretation of expressions contained in the Law mentioned in Clause (a), shall only be made by the Pyithu Hluttaw. (c) The validity of the acts of the Council of State, or of the Central or Local Organs of State Power under this Constitution shall only be determined by the Pyithu Hluttaw.

Article 201: The Pyithu Hluttaw may publish interpretations of this Constitution from time to time as may be necessary.

Article 202: (a) This Constitution is the basic law of all laws of the State. (b) Existing laws and rules shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyithu Hluttaw. (c) Existing regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Council of State. (d) Existing laws and rules shall be repealed or amended by the Pyithu Hluttaw to bring them into consonance with this Constitution. (e) Existing regulations, bye-laws, notifications, orders, directives and procedures shall be repealed or amended by the Council of State to bring them into consonance with this Constitution. (f) Existing laws, rules, regulations, bye-laws, notifications, orders, directives, and procedures shall, pending their repeal or amendment, be interpreted and acted upon by the Central and Local-Organs of State Power in the spirit of this Constitution. (g) The Bodies of Public Services shall perform their duties in the spirit of this Constitution. (h) All functioning organs and all public servants and workers serving under the Revolutionary Council of the Union of Burma on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Council of State.

Article 203: (a) The Council of State and the Central Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw, promulgate such regulations, bye-laws, orders, directives and procedures as may be necessary. (b) The Local Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw and to regulations, bye-laws, orders, directives and procedures promulgated by the respective Central Organs of State Power, promulgate such orders, directives and procedures for the respective local areas as may be necessary.

Article 204: (a) Members of the Pyithu Hluttaw, the Council of State, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors shall have the right to submit to the Pyithu Hluttaw draft legislation on matters other than those mentioned in Article 89. (b) The Council of Ministers shall have the right to submit to the Pyithu Hluttaw draft legislation on matters mentioned in Article 89 as well as on other matters. (c) The People's Councils at different levels may submit draft legislation on matters other than those mentioned in Article 89, stage by stage from the lower to the higher levels of the People's Councils and finally to the Pyithu Hluttaw.

Article 205: The Burma Socialist Programme Party, mass and class organisations formed under its leadership, and the working people may submit suggestions and advice to the organs of State power at different levels, on legal matters, economic planning, the annual budget and other matters.

Article 206: (a) Members of the Council of State, and of the Council of Ministers shall not serve on any other Organ of State Power other than the organ to which they belong, except in cases provided for in Clause (b) of Article 54 and in Clause (c) of Article 64. (b) Members of the Council of People's Justices, of the Council of People's Attorneys and of the Council of People's Inspectors shall not serve on any Organ of State Power other than the organ to which they belong or on any other Organ of the Pyithu Hluttaw. (c) Members of the Executive Committee and of the Inspectorates of the People's Councils at the State, Divisional and Township levels shall not serve on any Local Organ of State Power other than the organ to which they belong or on any Affairs Committee. (d) Members of the Committee of Judges of the People's Councils at different levels shall not serve on any Local Organ of State Power other than the organ to which they belong. They may, however, serve on the Affairs Committees of the People's Council concerned.

Article 207: 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.

Article 208: The Council of State or an Affairs Committee of the Pyithu Hluttaw may invite any Central Organ of State Power to attend and answer questions, and such organ shall be under a duty to respond.

Article 209: (a) Should the Pyithu Hluttaw or any People's Council at any level be dissolved before the expiry of its regular term, the term of office of the newly elected Pyithu Hluttaw or People's Council shall be for the remaining period of the term of the dissolved Pyithu Hluttaw or People's Council. (b) Should any People's Council be formed after the formation of the Pyithu Hluttaw, the term of such People's Council shall be the same as the regular term of the Pyithu Hluttaw.

Constitution of 2008

Preamble

Myanmar is a Nation with magnificent historical traditions. We, the National people, have been living in unity and oneness, setting up an independent sovereign State and standing tall with pride.

Due to colonial intrusion, the Nation lost her sovereign power in 1885. The National people launched anti-colonialist struggles and National liberation struggles, with unity in strength, sacrificing lives and hence the Nation became an independent sovereign State again on 4th January 1948.

In order to gain independence speedily, the Constitution was hastily drafted, and it was adopted by the Constituent Assembly on 24th September 1947. After attaining independence, Parliamentary Democracy System was practised in the State in accord with the Constitution of the Union of Myanmar. However, as democratic system could not be effectively materialized, the new Constitution of the Socialist Republic of the Union of Myanmar was drafted based on the single party system, and after holding a National Referendum, a socialist democratic State was set up in 1974. The Constitution came to an end because of the general situation occurred in 1988.

Later, due to public aspirations, the State Peace and Development Council made efforts to adopt multi-party democratic system and market economy in accord with the National situation.

As an enduring Constitution, that guarantees long-term benefits, has become essential for the future nation, the State Peace and Development Council convened the National Convention in 1993.

Persons who are well experienced in various aspects of politics, security, administration, economics, social and law as well as National races representatives of all townships in the Nation took part in the National Convention.

Despite many difficulties and disturbances encountered the National Convention, it was unwaveringly reconvened in 2004 in accord with the seven-step Roadmap adopted in 2003. As the National Convention was able to adopt the Basic Principles and Detailed Basic Principles for formulating a Constitution, it successfully concluded on 3rd September 2007.

We, the National people, drafted this Constitution of the Republic of the Union of Myanmar in accord with the Basic Principles and Detailed Basic Principles laid down by the National Convention.

We, the National people, firmly resolve that we shall:
— steadfastly adhere to the objectives of non-disintegration of the Union, non-disintegration of National solidarity, and perpetuation of sovereignty;
— stalwartly strive for further burgeoning the eternal principles namely justice, liberty, equality and perpetuation of peace and prosperity of the National people;
— uphold racial equality, living eternally in unity fostering the firm Union Spirit of true patriotism;
— constantly endeavour to uphold the principles of peaceful co-existence among nations with a view to having world peace and friendly relations among nations.

DO HEREBY ADOPT this Constitution of the Republic of the Union of Myanmar through a nation-wide referendum on the Tenth day of Kasone Waning, 1370 M.E. (The Twenty-Ninth day of May, 2008 A.D.)

Chapter I: Basic Principles of the Union

The Republic of the Union of Myanmar

1. Myanmar is an independent sovereign Nation.

2. The State shall be known as the Republic of the Union of Myanmar.

3. The State is where multi-National races collectively reside.

4. The Sovereign power of the Union is derived from the citizens and is in force in the entire country.

5. The territory of the State shall be the land, sea, and airspace which constitutes its territory on the day this Constitution is adopted.

Basic Principles

6. The Union's consistent objectives are: (a) non-disintegration of the Union; (b) non-disintegration of National solidarity; (c) perpetuation of sovereignty; (d) flourishing of a genuine, disciplined multi-party democratic system; (e) enhancing the eternal principles of Justice, Liberty and Equality in the Union and; (f) enabling the Defence Services to be able to participate in the National political leadership role of the State.

7. The Union practises genuine, disciplined multi-party democratic system.

8. The Union is constituted by the Union system.

9. (a) The existing seven Divisions are designated as seven Regions and the existing seven States are designated as seven States. Those seven Regions and seven States are of equal status. (b) The names of those seven Regions and seven States are retained as they exist. (c) If it is desired to change the name of a Region or a State, it shall be done so with the enactment of a law after ascertaining the desire of citizens residing in the Region or State concerned.

10. No part of the territory constituted in the Union such as Regions, States, Union Territories and Self-Administered Areas shall ever secede from the Union.

11. (a) The three branches of sovereign power namely, legislative power, executive power and judicial power are separated, to the extent possible, and exert reciprocal control, check and balance among themselves. (b) The three branches of sovereign power, so separated are shared among the Union, Regions, States and Self-Administered Areas.

12. (a) The legislative power of the Union is shared among the Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by this Constitution shall be shared to the Self-Administered Areas. (b) The Pyidaungsu Hluttaw consisting of two Hluttaws, one Hluttaw elected on the basis of township as well as population, and the other on an equal number of representatives elected from Regions and States.

13. There shall be a Region Hluttaw in each of the seven Regions, and a State Hluttaw in each of the seven States.

14. The Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws include the Defence Services personnel as Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services in numbers stipulated by this Constitution.

15. For National races with suitable population, National races representatives are entitled to participate in legislature of Regions or States and Self-Administered Areas concerned.

16. The Head of the Union and the Head of Executive of the Union is the President.

17. (a) The executive power of the Union is shared among the Pyidaungsu, Regions and States; Self-Administrative power shall be shared between Self-Administered Areas as prescribed by this Constitution. (b) In the executive of the Union, Regions, States, Union Territory, Self-Administered Areas and districts, Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services to undertake responsibilities of the defence, security, border administration, so forth, shall be included. (c) For National races of which representatives are so permitted to participate in legislature of Regions, States or Self-Administered Areas in accord with Section 15, such representatives are to be permitted to participate, mainly, to undertake their National races affairs.

18. (a) The judicial power of the Union is shared among the Supreme Court of the Union, High Courts of the Regions, High Courts of the States and Courts of different levels including Courts of Self-Administered Areas. (b) There shall be one Supreme Court of the Union. The Supreme Court of the Union is the highest Court of the Republic. (c) The Supreme Court of the Union has powers to issue writs. (d) A High Court of the Region or State is constituted in each Region or State.

19. The following are prescribed as judicial principles : (a) to administer justice independently according to law; (b) to dispense justice in open court unless otherwise prohibited by law; (c) to guarantee in all cases the right of defence and the right of appeal under law.

20. (a) The Defence Services is the sole patriotic defence force which is strong, competent and modern. (b) The Defence Services has the right to independently administer and adjudicate all affairs of the armed forces. (c) The Commander-in-Chief of the Defence Services is the Supreme Commander of all armed forces. (d) The Defence Services has the right to administer for participation of the entire people in Union security and defence. (e) The Defence Services is mainly responsible for safeguarding the non disintegration of the Union, the non-disintegration of National solidarity and the perpetuation of sovereignty. (f) The Defence Services is mainly responsible for safeguarding the Constitution.

21. (a) Every citizen shall enjoy the right of equality, the right of liberty and the right of justice, as prescribed in this Constitution. (b) No citizen shall be placed in custody for more than 24 hours without the permission of a Court. (c) Every citizen is responsible for public peace and tranquillity and prevalence of law and order. (d) Necessary law shall be enacted to make citizens' freedoms, rights, benefits, responsibilities and restrictions effective, steadfast and complete.

22. The Union shall assist: (a) to develop language, literature, fine arts and culture of the National races; (b) to promote solidarity, mutual amity and respect and mutual assistance among the National races; (c) to promote socio-economic development including education, health, economy, transport and communication, so forth, of less-developed National races.

23. The Union shall: (a) enact necessary laws to protect the rights of the peasants; (b) assist peasants to obtain equitable value of their agricultural produce.

24. The Union shall enact necessary laws to protect the rights of workers.

25. The Union shall assist to promote the interests of the intellectuals and intelligentsia.

26. (a) Civil Services personnel shall be free from party politics. (b) The Union shall enact necessary laws for Civil Services personnel to have security and sufficiency of food, clothing and shelter, to get maternity benefits for married women in service, and to ease livelihood for welfare of retired Service personnel.

27. The Union shall assist development, consolidation and preservation of National culture.

28. The Union shall: (a) earnestly strive to improve education and health of the people; (b) enact the necessary law to enable National people to participate in matters of their education and health; (c) implement free, compulsory primary education system; (d) implement a modern education system that will promote all-around correct thinking and a good moral character contributing towards the building of the Nation.

29. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible for changeover from manual to mechanized agriculture.

30. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible, for development of industries.

31. The Union shall, to the extent possible, assist to reduce unemployment among the people.

32. The Union shall: (a) care for mothers and children, orphans, fallen Defence Services personnel's children, the aged and the disabled; (b) ensure disabled ex-Defence Services personnel a decent living and free vocational training.

33. The Union shall strive for youth to have strong and dynamic patriotic spirit, the correct way of thinking and to develop the five noble strengths.

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

35. The economic system of the Union is market economy system.

36. The Union shall: (a) permit all economic forces such as the State, regional organizations, cooperatives, joint-ventures, private individual, so forth, to take part in economic activities for the development of National economy; (b) protect and prevent acts that injure public interests through monopolization or manipulation of prices by an individual or group with intent to endanger fair competition in economic activities; (c) strive to improve the living standards of the people and development of investments; (d) not nationalize economic enterprises; (e) not demonetize the currency legally in circulation.

37. The Union: (a) is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the Union; (b) shall enact necessary law to supervise extraction and utilization of State-owned natural resources by economic forces; (c) shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accord with the law.

38. (a) Every citizen shall have the right to elect and be elected in accord with the law. (b) Electorate concerned shall have the right to recall elected people's representatives in accord with the provisions of this Constitution.

39. The Union shall enact necessary law to systematically form political parties for flourishing of a genuine, disciplined multi-party democratic system.

40. (a) If there arises a state of emergency characterized by inability to perform executive functions in accord with the provisions of the Constitution in a Region or a State or a Self-Administered Area, the President is empowered to exercise executive power in that Region, State or Self-Administered Area and, if necessary in doing so, the President is empowered to exercise legislative powers concerning that Region, State or Self-Administered Area in accord with the provisions of this Constitution. (b) If there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a Region, State or Self-Administered Area, the Defence Services has the right, in accord with the provisions of this Constitution, to prevent that danger and provide protection. (c) If there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of sovereign power or attempts therefore by wrongful forcible means such as insurgency or violence, the Commander-in-Chief of the Defence Services has the right to take over and exercise State sovereign power in accord with the provisions of this Constitution.

41. The Union practises independent, active and non-aligned foreign policy aimed at world peace and friendly relations with nations and upholds the principles of peaceful coexistence among nations.

42. (a) The Union shall not commence aggression against any nation. (b) No foreign troops shall be permitted to be deployed in the territory of the Union.

43. No Penal law shall be enacted to provide retrospective effect.

44. No penalty shall be prescribed that violates human dignity.

45. The Union shall protect and conserve natural environment.

46. A Constitutional Tribunal shall be set up to interpret the provisions of the Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the Constitution, to decide on disputes relating to the Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves, and to perform other duties prescribed in this Constitution.

47. The Basic Principles set forth in this Chapter, and Chapter 8, Citizen, Fundamental Rights, and Duties of the Citizen, the term "Union" means person or body exercising the legislative or executive authority of the Union under this Constitution according as the context may require.

48. The Basic Principles of the Union shall be the guidance in enacting laws by legislature and in interpreting the provisions of this Constitution and other laws.

Chapter II: State Structure

49. The Union is delineated and constituted by seven Regions, seven States and the Union territories as follows: (a) Kachin State; (b) Kayah State; (c) Kayin State; (d) Chin State; (e) Sagaing Region; (f) Taninthayi Region; (g) Bago Region; (h) Magway Region; (i) Mandalay Region; (j) Mon State; (k) Rakhine State; (l) Yangon Region; (m) Shan State; (n) Ayeyawady Region; and (o) Union territories.

50. (a) Nay Pyi Taw, the capital of the Union, prescribed as Union territory, shall be under the direct administration of the President. (b) If there arises a need to specify areas that have special situations concerning national defence, security, administration and economy, so forth, those areas may be prescribed as Union territories under the direct administration of the President after enacting law.

51. The Union is constituted as follows: (a) villages are organized as village-tract; (b) wards are organized as town or township; (c) village-tracts and wards or towns are organized as township; (d) townships are organized as district; (e) districts are organized as Region or State; (f) townships in a Self-Administered Zone are organized as Self-Administered Zone; (g) townships in a Self-Administered Division are organized as District and such Districts are organized as Self-Administered Division; (h) If there are Self-Administrated Zone or Self-Administered Division in a Region or a State, those Self-Administered Divisions, Self-Administered Zones and Districts are organized as Region or State; (i) Regions, States and Union territories are organized as the Republic.

52. (a) If there arises a need to re-delineate the territorial boundary of the Union, the President shall firstly intimate the Head of the Pyidaungsu Hluttaw to ask for the opinion of the Pyidaungsu Hluttaw. (b) The Head of the Pyidaungsu Hluttaw, after receiving the intimation of the President, shall obtain the opinion of the Hluttaw representatives as follows: (i.) assenting votes of more than half of the total number of representatives in the Hluttaw, elected in equal numbers from Regions and States; (ii.) assenting votes of more than half of the total number of representatives in the Hluttaw, elected as representatives on the basis of township as well as population; (iii.) assenting votes of more than half of the total number of representatives of the two Hluttaws from the Region or State involved in the boundary concerned. (c) The Head of the Pyidaungsu Hluttaw, after obtaining the assenting votes as mentioned above, shall inform the President for re-delineating the territorial boundary of the Union as necessary. (d) In accord with the above-mentioned procedures, if either of the Hluttaws, or representatives from the Region or State involved in the territorial boundary concerned resolve against re-delineation, the opinion of the Pyidaungsu Hluttaw shall be obtained. If three-fourths and above of the total number of the Pyidaungsu Hluttaw representatives cast assenting votes, the Head of the Pyidaungsu Hluttaw shall inform the President to re-delineate the territorial boundary as necessary. (e) The President shall take necessary measures for re-delineation of the territorial boundary of the Union, as necessary, after obtaining the opinion of the Pyidaungsu Hluttaw.

53. (a) If there arises a cause to re-delineate the territorial boundary of a Region or a State, the prior consent of the electorate residing within the township concerned shall be obtained. (b) In obtaining consent, re-delineation of the territorial boundary shall not be executed at all in the absence of assenting votes of more than half of the total number of the electorate residing within the township concerned. (c) If more than half of the total number of eligible voters residing within the township concerned cast assenting vote for re-delineation of the territorial boundary, the consent of the Hluttaw representatives of the Region or State involved in the territorial boundary concerned shall be obtained. (d) The President shall re-delineate the territorial boundary of the Region or State concerned with the consent of the Pyidaungsu Hluttaw, after obtaining the assenting votes of three-fourths and above of the total number of representatives from the Region or the State concerned. (e) The resolution of the Pyidaungsu Hluttaw shall be obtained if a Region Hluttaw or a State Hluttaw concerned decided against re-delineation of the territorial boundary. (f) The President shall, as necessary, re-delineate the territorial boundary of a Region or a State if three-fourths and above of the total number of representatives in the Pyidaungsu Hluttaw assent to the re-delineation of the territorial boundary.

54. Where there arises a situation to alter or form the territorial boundary or change the name of a village, village-tract, ward, town, township or district of a Region, State, Self-Administered Division or Self-Administered Zone concerned, the President shall act, as necessary, upon the recommendation of the Chief Minister of the Region or State concerned.

55. If it is desired to change the name of a Self-Administered Division or Self-Administered Zone, the same procedure shall be applied as in the case of changing the name of a Region or State.

56. The Self-Administered Divisions and Self-Administered Zones are delineated as follows: (a) grouping Leshi, Lahe and Namyun townships in Sagaing Division as Naga Self-Administered Zone; (b) grouping Ywangan and Pindaya townships in Shan State as Danu Self-Administered Zone; (c) grouping HoPong, HsiHseng and Pinlaung townships in Shan State as Pa-O Self-Administered Zone; (d) grouping Namhsan and Manton townships in Shan State as Pa Laung Self-Administered Zone; (e) grouping Konkyan and Laukkai townships in Shan State as Kokang Self-Administered Zone; (f) grouping six townships ñ Hopang, Mongma, Panwai, Nahpan, Metman and Pangsang (Pankham) townships in Shan State as two districts which are forged into 'Wa' Self-Administered Division.

Chapter III: Head of State - The President and Vice-Presidents

57. The President and Vice-Presidents represent the Union.

58. The President of the Republic of the Union of Myanmar takes precedence over all other persons throughout the Republic of the Union of Myanmar.

59. Qualifications of the President and Vice-Presidents are as follows: (a) shall be loyal to the Union and its citizens; (b) shall be a citizen of Myanmar who was born of both parents who were born in the territory under the jurisdiction of the Union and being Myanmar Nationals; (c) shall be an elected person who has attained at least the age of 45; (d) shall be well acquainted with the affairs of the Union such as political, administrative, economic and military; (e) shall be a person who has resided continuously in the Union for at least 20 years up to the time of his election as President; Proviso: An official period of stay in a foreign country with the permission of the Union shall be counted as a residing period in the Union; (f) shall he himself, one of the parents, the spouse, one of the legitimate children or their spouses not owe allegiance to a foreign power, not be subject of a foreign power or citizen of a foreign country. They shall not be persons entitled to enjoy the rights and privileges of a subject of a foreign government or citizen of a foreign country; (g) shall possess prescribed qualifications of the President, in addition to qualifications prescribed to stand for election to the Hluttaw.

60. (a) The President shall be elected by the Presidential Electoral College. (b) The Presidential Electoral College shall be formed with three groups of the Pyidaungsu Hluttaw representatives as follows: (i.) group formed with elected Hluttaw representatives in the Hluttaw with an equal number of representatives elected from Regions and States; (ii.) group formed with elected Hluttaw representatives in the Hluttaw elected on the basis of township and population; (iii.) group formed with the Defence Services personnel Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services for the said two Hluttaws. (c) Each group shall elect a Vice-President from among the Hluttaw representatives or from among persons who are not Hluttaw representatives. (d) The Pyidaungsu Hluttaw and a Body comprising the Heads and Deputy Heads of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether or not the Vice-Presidents possess the qualifications prescribed for the President. (e) The Presidential Electoral College comprising all the Pyidaungsu Hluttaw representatives shall elect by vote one of the three Vice-Presidents who are Presidential candidates, as the President. (f) Necessary law shall be enacted for the election of President and Vice-Presidents.

61. (a) The term of office of the President or the Vice-Presidents is five years. (b) After the expiry of the incumbent term, the President and the Vice-Presidents shall continue their duties until the time the new President is duly elected. (c) The President and the Vice-Presidents shall not serve more than two terms. (d) An interim period to serve as the President or the Vice-President shall not be counted as one term of office. (e) If a vacancy is filled for the President or the Vice-President for any reason, the term of office of the new President or the new Vice-President shall be up to the expiry of the original term of office.

62. The President or the Vice-Presidents shall not be representative of any Hluttaw.

63. If the President or the Vice-Presidents are Hluttaw representatives, they shall be deemed to have resigned from their seats in that Hluttaw, and if the President or the Vice Presidents are the Civil Services personnel, they shall be deemed to have resigned or retired from their offices from the day of their election.

64. If the President or the Vice-Presidents are members of a political party, they shall not take part in its party activities during their term of office from the day of their election.

65. The President and the Vice-Presidents shall make an affirmation as follows:
"I ........... do solemnly and sincerely promise and declare that I will be loyal to the Republic of the Union of Myanmar and the citizens and hold always in esteem non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.
I will uphold and abide by the Constitution and its Laws. I will carry out the responsibilities uprightly to the best of my ability and strive for further flourishing the eternal principles of justice, liberty and equality. I will dedicate myself to the service of the Republic of the Union of Myanmar."

66. The President or the Vice-Presidents shall exercise duties and powers vested by this Constitution and other laws.

67. The President and the Vice-Presidents shall not hold any other office or position of emolument.

68. The President and the Vice-Presidents shall furnish a list of family assets under his direction, namely land, houses, buildings, businesses, savings and other valuables together with their values to the Head of the Pyidaungsu Hluttaw.

69. The President and the Vice-Presidents shall receive the emoluments, allowances and insignia of office as prescribed by law. Each shall also be provided with an appropriate official residence.

70. Except in the case of removal from office following impeachment, the President and the Vice-Presidents shall enjoy pension and suitable allowances on retirement in accord with the law after the expiry of the term of office.

71. (a) The President or any Vice-President may be impeached for one of the following reasons: (i.) high treason; (ii.) breach of the provisions of this Constitution; (iii.) misconduct; (iv.) being disqualified for the President or Vice-President under provisions as prescribed in this Constitution; (v.) inefficient discharge of duties assigned by law. (b) If it be required to impeach the President or any Vice-President, a charge signed by not less than one-fourth of the total number of representatives of either Hluttaw included in the Pyidaungsu Hluttaw shall be submitted to the Head of the Hluttaw concerned. (c) Action shall proceed only when this charge is supported by not less than two-thirds of the total number of representatives of the Hluttaw concerned. (d) If one Hluttaw supports the taking of action, the other Hluttaw shall form a Body to investigate this charge. (e) The President or the Vice-President shall have the right to refuse the charge himself in person or through a representative when it is investigated. (f) If, after the investigation, not less than two-thirds of the total number of representatives of the Hluttaw which investigated the charge or caused the investigation to be initiated passed the resolution that the charge has been substantiated and renders the President or the Vice-President unfit to continue in office, the Hluttaw concerned shall submit to the Head of the Pyidaungsu Hluttaw such resolution to remove the impeached President or the impeached Vice-President from office. (g) The Head of the Pyidaungsu Hluttaw shall declare the removal of the President or the Vice-President immediately after the receipt of the submission.

72. The President or any of the Vice-Presidents shall be allowed to resign from office of his own volition before the expiry of the term of office.

73. (a) One of the two Vice-Presidents who has won the second highest votes in the Presidential election shall serve as Acting President if the office of the President falls vacant due to his resignation, death, permanent disability or any other cause. (b) If the office of the President becomes vacant when the Pyidaungsu Hluttaw is in session, the Acting President shall promptly intimate the Head of the Pyidaungsu Hluttaw to fill the vacancy within seven days. (c) On receipt of the intimation from the Acting President, the Head of the Pyidaungsu Hluttaw shall proceed to elect a Vice-President by the group of Hluttaw representatives concerned that initially elected the Vice-President who subsequently got elected President, the office now being vacant. (d) After the group of Hluttaw representatives concerned has elected a Vice-President, the Electoral College comprising all the Pyidaungsu Hluttaw representatives shall elect the President from among the three Vice-Presidents. (e) If the office of the President becomes vacant when the Pyidaungsu Hluttaw is not in session, the Head of the Pyidaungsu Hluttaw shall summon the Pyidaungsu Hluttaw within 21 days from the day of receipt of the intimation from the Acting President and proceed to hold election to fill the vacant office of the President in accord with the above procedure. (f) If the office of a Vice-President becomes vacant before the expiry of the term by reason of his resignation, death, permanent disability or any other cause when the Pyidaungsu Hluttaw is in session, the President shall promptly intimate the Head of the Pyidaungsu Hluttaw to elect a Vice-President within seven days by the group of Hluttaw representatives concerned that elected the said Vice-President. (g) When the Pyidaungsu Hluttaw is not in session, the Head of the Pyidaungsu Hluttaw shall summon the Pyidaungsu Hluttaw within 21 days from the day of receipt of the intimation from the President and proceed with the election of a Vice-President by the group of Hluttaw representatives concerned in accord with the prescribed procedure.

Chapter IV: Legislature

The Pyidaungsu Hluttaw:

The formation of the Pyidaungsu

74. The Pyidaungsu Hluttaw comprises of the following two Hluttaws: (a) in accord with the provisions of Section 109, the Pyithu Hluttaw formed with Hluttaw representatives elected on the basis of township as well as population and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services; (b) in accord with the provisions of Section 141, the Amyotha Hluttaw formed with Hluttaw representatives elected in equal numbers from Regions and States and Hluttaw representatives being the Defence Services Personnel nominated by the Commander-in-Chief of the Defence Services.

The Head and the Deputy Heads of the respective Hluttaws

75. On the day of commencement of the first Hluttaw session for each term of the Hluttaw concerned, the person who is to conduct and supervise the Hluttaw session held for the taking of affirmation of office by Hluttaw representatives and for electing the Hluttaw Speaker and Deputy Speaker shall be called the Chairperson, the Head and the Deputy Head of the Pyidaungsu Hluttaw shall be called the Speaker and the Deputy Speaker, the Head and the Deputy Head of the Pyithu Hluttaw, the Amyotha Hluttaw, the Region Hluttaw or the State Hluttaw shall be called the Speaker and the Deputy Speaker.

Performance of duties by the Speaker and the Deputy Speaker of the Pyidaungsu Hluttaw

76. (a) The Speaker and the Deputy Speaker of the Amyotha Hluttaw shall also serve as the Speaker and the Deputy Speaker of the Pyidaungsu Hluttaw from the day of term of the Pyithu Hluttaw commences up to the end of 30 months and the Speaker and the Deputy Speaker of the Pyithu Hluttaw shall also serve as the Speaker and the Deputy Speaker of the Pyidaungsu Hluttaw for the remaining term. (b) When the Speaker of the Pyidaungsu Hluttaw is unable to perform the duties of the Speaker, the Deputy Speaker shall temporarily perform the duties of the Speaker.

Functions of the Speaker of the Pyidaungsu Hluttaw

77. The Speaker of the Pyidaungsu Hluttaw shall: (a) supervise the Pyidaungsu Hluttaw sessions; (b) invite the President, if he is intimated of the President's desire to address the Pyidaungsu Hluttaw; (c) have the right to invite organizations or persons representing any of the Union level organizations formed under the Constitution to attend the Pyidaungsu Hluttaw session and give clarifications on matters relating to ongoing discussions, if necessary; (d) perform other duties and powers prescribed by the Constitution or any law.

Convening the Sessions of the Pyidaungsu Hluttaw

78. The first regular session of the Pyidaungsu Hluttaw shall be held within 15 days from the first day of the commencement of the first session of the Pyithu Hluttaw. The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.

79. The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw regular session at least once a year. The maximum interval between the two regular sessions shall not exceed twelve months.

80. The following functions shall be carried out at the Pyidaungsu Hluttaw session: (a) recording the address delivered by the President; (b) reading and recording the message sent by the President and other messages permitted by the Speaker; (c) submitting, discussing and resolving on a Bill; (d) discussing and resolving on the remarks of the President concerning a Bill approved by the Pyidaungsu Hluttaw; (e) discussing and resolving on matters to be undertaken by the Pyidaungsu Hluttaw in accord with the provisions of the Constitution; (f) discussing, resolving and recording the reports submitted to the Pyidaungsu Hluttaw; (g) submitting proposals, discussing and resolving; (h) raising questions and replying; (i) undertaking matters approved by the Speaker of the Pyidaungsu Hluttaw.

81. Matters that require resolutions, consents and approvals of the Pyidaungsu Hluttaw shall be implemented as follows: (a) if the Pyidaungsu Hluttaw is in session, the matter shall be discussed and resolved at that session; (b) if the Pyidaungsu Hluttaw is not in session, the matter shall be discussed and resolved at the nearest Pyidaungsu Hluttaw session; (c) a special session or an emergency session shall be convened to discuss and resolve matters which need urgent action in the interest of the public.

82. The Speaker of the Pyidaungsu Hluttaw may convene a special session or an emergency session, if necessary.

83. The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session as soon as possible when the President informs him to do so.

84. The Speaker of the Pyidaungsu Hluttaw shall convene a special session as soon as possible, if at least one-fourth of the total number of the representatives so require.

85. (a) The first day session of the Pyidaungsu Hluttaw shall be valid if more than half of the total number, who have the right to attend the session, are present. The session, if invalid, shall be adjourned. (b) The sessions that are adjourned due to invalidity in accord with the Sub-Section (a) as well as the valid sessions that are extended shall be valid if at least one-third of the Hluttaw representatives are present.

86. (a) A matter that shall be resolved in the Pyidaungsu Hluttaw, save as otherwise provided by the Constitution, shall be determined by a majority of votes of the representatives of the Pyidaungsu Hluttaw who are present and voting. (b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

87. If a representative of the Pyidaungsu Hluttaw is, without permission of the Speaker of the Pyidaungsu Hluttaw, absent from sessions of the Pyidaungsu Hluttaw for a period of at least 15 consecutive days, the Speaker shall inform the Hluttaw concerned to take action against the representative according to the prescribed procedures. In computing the said period of 15 days, no account shall be taken of any period during which the session is adjourned.

88. Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to carry out its functions. Moreover, the resolutions and proceedings of the Pyidaungsu Hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered.

89. The proceedings and the records of the Pyidaungsu Hluttaw shall be published. However, the proceedings and the records prohibited by any law or the resolution of the Pyidaungsu Hluttaw shall not be published.

90. Members of the organizations representing any of the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have the right to explain, converse and discuss the Bills and other matters in connection with the respective organization.

91. The Union level organizations formed under the Constitution may submit the general situation in connection with the respective organization, which should be submitted to the Pyidaungsu Hluttaw with the permission of the Speaker.

92. (a) Subject to the provisions of the Constitution and the provisions of the law relating to the Pyidaungsu Hluttaw, the representatives of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the submitting, discussing and performing at the Pyidaungsu Hluttaw and the Joint Committee, no action shall be taken against, a representative of the Pyidaungsu Hluttaw, except under its law. (b) Subject to the provisions of the Constitution and the provisions of the law relating to the Pyidaungsu Hluttaw, members of the organizations or persons representing any of the Union level organizations formed under the Constitution who are invited to attend the Pyidaungsu Hluttaw session have the freedom of speech. No action shall be taken against such members or persons for their submission and speeches in Pyidaungsu Hluttaw by other law except under its law. (c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the Pyidaungsu Hluttaw or the existing law.

93. If there is a need to arrest a Pyidaungsu Hluttaw representative attending the Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session with the permission or invitation of the Speaker of the Pyidaungsu Hluttaw, credible evidence shall be submitted to the Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without the prior permission of the Speaker of the Pyidaungsu Hluttaw.

94. No action shall be instituted relating to the reports, documents, and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority.

Legislation

95. (a) If a Bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Hluttaws, it shall be deemed that the Bill is approved by the Pyidaungsu Hluttaw. (b) If there is a disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a Bill, the Bill shall be discussed and resolved in the Pyidaungsu Hluttaw.

96. The Pyidaungsu Hluttaw shall have the right to enact laws for the entire or any part of the Union related to matters prescribed in Schedule One of the Union Legislative List.

97. (a) When the Pyidaungsu Hluttaw enacts a law, it may: (i.) authorize to issue rules, regulations and by-laws concerning that law to any Union level organization formed under the Constitution; (ii.) authorize to issue notifications, orders, directives and procedures to the respective organization or authority. (b) The rules, regulations, notifications, orders, directives, and procedures issued under the power conferred by any law shall be in conformity with the provisions of the Constitution and the relevant law. (c) If both the Pyithu Hluttaw and the Amyotha Hluttaw resolve to annul or amend any rule, regulation or by-law, it shall be deemed that the rule, regulation, or by-law is annulled or amended by the Pyidaungsu Hluttaw. (d) If there is a disagreement to annul or amend any rule, regulation or by-law between the Pyithu Hluttaw and the Amyotha Hluttaw, it shall be discussed and resolved at the Pyidaungsu Hluttaw. (e) If a resolution is passed to annul or amend any rule, regulation or by-law under Sub-Section (c) or (d), the resolution shall be without prejudice to the validity of any action previously taken under the relevant rule, regulation or by-law.

Legislation relating to Other Matters

98. The legislative power is vested in the Pyidaungsu Hluttaw relating to other matters not enumerated in the legislative list of the Union, Region or State and Self-Administered Division Leading Body or Self-Administered Zone Leading Body.

Legislation relating to Union Territories

99. The Pyidaungsu Hluttaw shall enact the required laws if the need arises to do so for the Union territories relating to matters for which legislative powers are vested to the Region Hluttaw or the State Hluttaw, or Self-Administered Division Leading Body or Self-Administered Zone Leading Body.

Submission of a Bill

100. (a) The Union level organizations formed under the Constitution shall have the right to submit the Bills relating to matters they administered among the matters included in the Union Legislative List to the Pyidaungsu Hluttaw in accord with the prescribed procedures. (b) Bills relating to national plans, annual budgets and taxation, which are to be submitted exclusively by the Union Government shall be discussed and resolved at the Pyidaungsu Hluttaw in accord with the prescribed procedures.

101. The Bills submitted to the Pyidaungsu Hluttaw by the Union level organizations formed under the Constitution, except the Bills that are prescribed in the Constitution to be discussed and resolved exclusively at the Pyidaungsu Hluttaw, are entitled to initiate and discuss at either the Pyithu Hluttaw or the Amyotha Hluttaw in accord with the prescribed procedures.

102. The Bills, which are to be discussed and resolved exclusively at the Pyidaungsu Hluttaw need to be vetted before being discussed at the Pyidaungsu Hluttaw, those Bills shall be vetted jointly by the Pyithu Hluttaw Bill Committee and the Amyotha Hluttaw Bill Committee, and the findings and remarks of the Joint Committee together with the Bill may be submitted to the Pyidaungsu Hluttaw session in accord with the prescribed procedures.

Submission of the Union Budget Bill

103. (a) The President or the person assigned by him, on behalf of the Union Government, shall submit the Union Budget Bill to the Pyidaungsu Hluttaw. (b) The following matters included in the Union Budget Bill shall be discussed at the Pyidaungsu Hluttaw but not refused or curtailed: (i.) salary and allowance of Heads and Members of the Union level organizations formed under the Constitution and expenditures of those organizations; (ii.) debts for which the Union is liable and expenses relating to the debts, and other expenses relating to the loans taken out by the Union; (iii.) expenditures required to satisfy judgment, order, decree of any Court or Tribunal; (iv.) other expenditures which are to be charged by any existing law or any international treaty. (c) Approval, refusal and curtailing of other expenditures except the expenditures specified in Sub-Section (b) shall be passed by the majority consent of the Pyidaungsu Hluttaw. (d) The Union Government shall perform as necessary in accord with the Union Budget Law enacted by the Pyidaungsu Hluttaw. (e) If in respect of the relevant financial year a need has arisen to authorize the estimated receipts and authorized expenditures in the Union Budget Law enacted by the Pyidaungsu Hluttaw and in addition to estimate receipts and to authorize expenditures, the Supplementary Appropriation law shall be enacted in the above manner. (f) The Union Government shall perform as necessary in accord with the Supplementary Appropriation Law enacted by the Pyidaungsu Hluttaw.

Ordinance

104. When the President after promulgating an Ordinance submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall: (a) resolve to approve the Ordinance or not; (b) if it is approved determine the period, the Ordinance shall continue to be in operation; (c) if it is disapproved, cease to operate from the day of its disapproval.

Promulgation as Law

105. (a) The President shall sign the Bills approved or the Bills deemed to be approved by the Pyidaungsu Hluttaw, within 14 days after the day of receipt, and shall promulgate it as Law. (b) The President, within the prescribed period, may send the Bill back to the Pyidaungsu Hluttaw together with his comments. (c) If the President does not send the Bill back to the Pyidaungsu Hluttaw together with his signature and comments within the prescribed period, or if the President does not sign to promulgate, on the day after the completion of that period, the Bill shall become a law as if he had signed it.

106. (a) If the President sends the Bill back to the Pyidaungsu Hluttaw together with his comments within the prescribed period, the Pyidaungsu Hluttaw, after discussion of the President's comments, may accept his comment and resolve to amend the Bill or may resolve to approve the Bill as it is without accepting the President's comment. (b) When the Bill which is amended in accord with the President's comment or the Bill which is approved as it is without accepting the President's comment is sent back to him by the resolution of the Pyidaungsu Hluttaw, the President shall sign the Bill and promulgate it as law within seven days after receiving the Bill back. (c) If the Bill sent back by the Pyidaungsu Hluttaw is not signed by the President within the prescribed period, it shall become law as if he had signed it on the last day of the prescribed period.

107. The laws signed by the President or the laws deemed to have been signed by him shall be promulgated by publication in the official gazette. The Law shall come into operation on the day of such promulgation unless the contrary intention is expressed.

108. The Pyidaungsu Hluttaw: (a) shall give the resolution on matters relating to ratifying, annulling and revoking from international, regional or bilateral treaties, agreements submitted by the President; (b) may confer the authority on the President to conclude, annul and revoke any kind of international, regional or bilateral treaties or agreements without the approval of the Pyidaungsu Hluttaw.

Pyithy Hluttaw:

Formation of the Pyithu Hluttaw

109. The Pyithu Hluttaw shall be formed with a maximum of 440 Hluttaw representatives as follows: (a) not more than 330 Pyithu Hluttaw representatives elected prescribing electorate in accord with law on the basis of township as well as population or combining with an appropriate township which is contagious to the newly-formed township if it is more than 330 townships; (b) not more than 110 Pyithu Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law.

Election of the Pyithu Hluttaw Chairperson

110. (a) A Pyithu Hluttaw representative shall be elected as the Chairperson at the commencement of the first session of the Pyithu Hluttaw for its term. (b) The Chairperson shall take an affirmation of office before the Pyithu Hluttaw; (c) The Chairperson shall supervise the Pyithu Hluttaw session up to the completion of the election of the Speaker and the Deputy Speaker of the Pyithu Hluttaw.

Election of the Speaker and the Deputy Speaker of the Pyithu Hluttaw

111. (a) (i.) The Pyithu Hluttaw representatives shall elect a Speaker and a Deputy Speaker from among the Pyithu Hluttaw representatives. (ii.) When the seat of the Speaker or the Deputy Speaker becomes vacant, the substitution shall be made at the nearest session of the Pyithu Hluttaw. (iii.) When the Speaker is unable to perform the duties of the Speaker, the Deputy Speaker shall temporarily perform the duties of the Speaker. (b) The law relating to procedures to elect the Speaker and the Deputy Speaker of the Pyithu Hluttaw shall be enacted.

Functions of the Speaker of the Pyithu Hluttaw

112. The Speaker of the Pyithu Hluttaw shall: (a) supervise the Pyithu Hluttaw sessions; (b) invite the President, if he is intimated of the President's desire to address the Pyithu Hluttaw; (c) have the right to invite members of the organization or persons representing any of the Union level organizations formed under the Constitution to attend the Pyithu Hluttaw and give clarifications on matters relating to ongoing discussions of the Pyithu Hluttaw session, if necessary; (d) perform other duties and exercise powers prescribed by the Constitution or any law.

Performance and termination of duties of the Speaker and the Deputy Speaker of the Pyithu Hluttaw

113. (a) The Speaker and the Deputy Speaker of the Pyithu Hluttaw shall perform their duties until the first session of the next term of the Pyithu Hluttaw is held. (b) If the Speaker or the Deputy Speaker resigns or has ceased to be a Pyithu Hluttaw representative, or has no right to continue to stand as a Pyithu Hluttaw representative, or is suspended from his position as the Speaker or the Deputy Speaker by the Pyithu Hluttaw, or has passed away, he shall have ceased from his position.

114. Duties, powers and rights of the Speaker and the Deputy Speaker of the Pyithu Hluttaw shall be prescribed by law. Formation of the Pyithu Hluttaw Committee, Commission and Bodies.

Formation of the Pyithu Hluttaw Committee, Commission and Bodies

115. (a) The Pyithu Hluttaw shall form Bill Committee, Public Accounts Committee, Hluttaw Rights Committee, and Government's Guarantees, Pledges and Undertakings Vetting Committee with the Pyithu Hluttaw representatives. (b) When the occasion arises to have studies made and submitted on defence and security matters or Military affairs, the Pyithu Hluttaw shall form the Defence and Security Committee with the Pyithu Hluttaw representatives who are the Defence Services Personnel, for a limited time. The Defence and Security Committee so formed may, if necessary, be included suitable Pyithu Hluttaw representatives who are not the Defence Services Personnel in accord with the volume of work. (c) If there arises a need to study and submit other affairs, in addition to legislature, executive, national races affairs, economics, finance, social and foreign affairs, Hluttaw Committees may be formed with the Pyithu Hluttaw representatives for a limited time. (d) The Pyithu Hluttaw shall determine the number of members, duties, powers, rights, and terms of Pyithu Hluttaw Committees.

116. If there arises a certain matter to co-ordinate with the Amyotha Hluttaw, the Pyithu Hluttaw may elect and assign its representatives who will serve with the Joint Committee comprising an equal number of representatives from the Pyithu Hluttaw and the Amyotha Hluttaw to form that Committee. The term of the Joint Committee shall be until the time they have submitted the report to the Hluttaw concerned.

117. When both the Pyithu Hluttaw and the Amyotha Hluttaw have certain matters to study, apart from matters to be performed by the Committees as prescribed in Sub-Sections (a) and (b) of Section 115, the Speakers of these Hluttaws may co-ordinate among themselves and form a Joint Committee comprising an equal number of representatives from the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyithu Hluttaw may elect and assign the Pyithu Hluttaw representatives included in that Committee. The term of the Joint Committee shall be until the time they have submitted the report to the Hluttaw concerned.

118. (a) If there arises a need to study the remaining matters other than those studied by the Pyithu Hluttaw Committees, the Pyithu Hluttaw may form Commissions and Bodies with the Pyithu Hluttaw representatives or including suitable citizens. (b) In forming the above Commissions and Bodies, the Pyithu Hluttaw shall determine the number of members, duties, powers, rights, and the terms of the said Commissions and Bodies.

Term of the Pyithu Hluttaw

119. The term of the Pyithu Hluttaw is five years from the day of its first session.

Qualification of the Pyithu Hluttaw representatives

120. Persons who possess the following qualifications shall be entitled to be elected as the Pyithu Hluttaw representatives: (a) person who has attained the age of 25 years; (b) citizen who was born of both parents who are citizens; (c) person who has resided in the Union of Myanmar for at least ten consecutive years up to the time of his election as Pyithu Hluttaw representative;
Proviso: The official period of stay in a foreign country with the permission of the Union shall be counted as a residing period in the Union,
(d) person who possesses qualifications prescribed by the Election Law.

Disqualification for the Pyithu Hluttaw Representatives

121. The following persons shall not be entitled to be elected as the Pyithu Hluttaw representatives: (a) a person serving prison term, having been convicted by the Court concerned for having committed an offence; (b) a person who has no right to be elected a Pyithu Hluttaw representative due to having committed an offence relating to disqualification for the Pyithu Hluttaw representative and being convicted for such offence, unless the period specified by the authority for him has not expired, before or after the Constitution comes into operation; (c) person who is of unsound mind as adjudged by the relevant law; (d) person who is an undischarged insolvent as being declared by the relevant court; (e) person who owes allegiance to a foreign government, or subject to a foreign government or a citizen of a foreign country; (f) person who is entitled to enjoy the rights and privileges of a subject of a foreign government or a citizen of a foreign country; (g) person himself or is of a member of an organization who obtains and utilizes directly or indirectly the support of money, land, housing, building, vehicle, property, so forth, from government or religious organization or other organizations of a foreign country; (h) person himself or is of a member of an organization who abets the act of inciting, giving speech, conversing or issuing declaration to vote or not to vote based on religion for political purpose; (i) member of a religious order; (j) Civil Services personnel;
Proviso: The expression shall not be applied to Civil Services personnel including the Defence Services personnel selected and appointed in the Hluttaws and organizations formed under the Constitution.
(k) person himself or is of a member of an organization who obtains and utilizes directly or indirectly the State-owned money, land, housing, building, vehicle, property, so forth;
Proviso:
(i.) The expression 'State-owned money' does not include pension, allowance, money or salary, allowances, money officially granted by the Union for services rendered for the benefit of the Union; (ii.) The expression 'State-owned land, housing, building, vehicles and property' does not include State-owned land, housing, building and apartments, other building and apartments, State-owned aircraft, trains, vessels and motor vehicles and property, so forth, which have been permitted by the Union to be used under an existing law or as required by duty, or leased from the Union on payment. (l) a person who has no right to be elected a Pyithu Hluttaw representative due to having committed a malpractice under relating to the Election Law or acting an omission relating to disqualification for a Pyithu Hluttaw representative being convicted under the Election Law, the period specified by the authority for him has not expired, before or after the Constitution comes into operation.

Qualifications of the Pyithu Hluttaw representatives who are the Defence Services personnel

122. The Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services as Pyithu Hluttaw representatives who are the Defence Services personnel in accord with the law, shall possess the prescribed qualifications for the Pyithu Hluttaw representatives.

Convening the Pyithu Hluttaw Session

123. The first regular session of a term of the Pyithu Hluttaw shall be held within 90 days after the commencement of the general election.

124. (a) The first regular session of the Pyithu Hluttaw shall be held by the State Peace and Development Council after the Constitution comes into operation. (b) The first regular sessions for the forthcoming terms of the Pyithu Hluttaw shall be held by the Speaker of the Pyithu Hluttaw who continues to perform his duties in accord with the provisions of the Constitution.

125. (a) The representatives of the Pyithu Hluttaw shall take an affirmation of office as mentioned in Schedule Four before the Chairperson of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw. (b) The representatives of the Pyithu Hluttaw who have not taken an affirmation of office shall do so before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw at which they first attend.

126. The Speaker of the Pyithu Hluttaw shall convene the regular session at least once a year. The maximum interval between regular sessions shall not exceed 12 months.

127. The following functions shall be carried out at the Pyithu Hluttaw session: (a) recording the address delivered by the President; (b) reading and recording the message sent by the President and other messages permitted by the Speaker; (c) submitting, discussing and resolving on a Bill; (d) discussing and resolving on the matters to be undertaken by the Pyithu Hluttaw in accord with the provisions of the Constitution; (e) discussing, resolving and recording the reports submitted to the Pyithu Hluttaw; (f) submitting proposals, discussing and resolving; (g) raising questions and replying; (h) performing matters approved by the Speaker of the Pyithu Hluttaw.

128. (a) The first day session of the Pyithu Hluttaw shall be valid if more than half of the total number of the Hluttaw representatives, who have the right to attend the session, are present. The session, if invalid, shall be adjourned. (b) The sessions that are adjourned due to invalidity in accord with the Sub-Section (a) as well as the valid sessions that are extended will be valid if at least one-third of the Hluttaw representatives are present.

129. (a) A matter that shall be resolved in the Pyithu Hluttaw, save as otherwise provided by the Constitution, shall be determined by a majority of votes of the Pyithu Hluttaw representatives who are 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 matter of an equality of votes.

130. (a) If a Pyithu Hluttaw representative is, without permission of the Pyithu Hluttaw, absent from a Pyithu Hluttaw session for a period of at least 15 consecutive days, the Pyithu Hluttaw may declare his seat vacant. In computing the said period of 15 days, no account shall be taken of any period during which the session is adjourned. (b) If the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that a Pyithu Hluttaw representative is absent from a Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission, the Pyithu Hluttaw shall take action against the said representative in accord with the prescribed procedures.

131. Although there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its functions. Moreover, the resolutions and proceedings of the Pyithu Hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered.

132. The proceedings and the records of the Pyithu Hluttaw shall be published. However, the proceedings and the records prohibited by any law or the resolution of the Pyithu Hluttaw shall not be published.

133. (a) Subject to the provisions of the Constitution and the law relating to the Pyithu Hluttaw, the Pyithu Hluttaw representatives shall have freedom of speech and voting at the Pyithu Hluttaw and the Pyithu Hluttaw Committee. Concerning the discussing, submitting and performing at the Pyithu Hluttaw and the Pyithu Hluttaw Committees, no action shall be taken against a Pyithu Hluttaw representative except under its law. (b) Subject to the provisions of the Constitution and the provisions of the law relating to the Pyithu Hluttaw, members of the organizations or persons representing any of the Union level organizations formed under the Constitution who are permitted or invited to attend the session of the Pyithu Hluttaw or any committee of the Pyithu Hluttaw have the freedom of speech at the Pyithu Hluttaw and the Pyithu Hluttaw Committees. No action shall be taken against such members or persons for their submissions and speeches in the Pyithu Hluttaw and the Pyithu Hluttaw Committees by other law except under its law. (c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the Pyithu Hluttaw or the existing laws.

134. (a) If there is a need to arrest a Pyithu Hluttaw representative attending the session or a person attending the Pyithu Hluttaw session with the permission or invitation of the Speaker of the Pyithu Hluttaw, the credible evidence shall be submitted to the Speaker of the Pyithu Hluttaw. He shall not be arrested without the prior permission of the Speaker of the Pyithu Hluttaw. (b) If there is a need to arrest a member of a Committee or Commission or the Body of the Pyithu Hluttaw attending session of any Committee or session of Commission or the Body formed by the Pyithu Hluttaw, the credible evidence shall be submitted to the Speaker of the Pyithu Hluttaw through the Head of the Committee or Commission or Body concerned. He shall not be arrested without the prior permission of the Speaker of the Pyithu Hluttaw. (c) If a Pyithu Hluttaw representative is arrested, the Pyithu Hluttaw or the Pyithu Hluttaw Committee or the Commission or the Body formed by the Pyithu Hluttaw is not in session, the credible evidence in support of such arrest shall as soon as possible be submitted to the Speaker of the Pyithu Hluttaw.

135. No action shall be instituted relating to the reports, documents, and Hluttaw records published by the Pyithu Hluttaw or under its authority.

Submission of Bill

136. Bills relating to other matters , except the matters prescribed in the Constitution that the Bill shall be submitted and passed exclusively by the Pyidaungsu Hluttaw stated in the Schedule One of Union Legislative List, shall be initiated in the Pyithu Hluttaw in accord with the prescribed procedures.

137. (a) After issuing any rule, regulation or by-law in accord with the law enacted by the Pyidaungsu Hluttaw, the Body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the Pyithu Hluttaw with the permitted arrangement of the Speaker of the Hluttaw. (b) If it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, Hluttaw representatives may move to annul or amend the rule, regulation or by-law to the Pyithu Hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. (c) If there is a disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw to annul or amend any rule, regulation or by-law, it shall be submitted to the Pyidaungsu Hluttaw.

138. (a) If Bills submitted by any Union level organization formed under the Constitution are sent in accord with the prescribed procedures of the Pyidaungsu Hluttaw, it shall be deemed that such Bills are initiated in the Pyithu Hluttaw, and shall be discussed and resolved in the Pyithu Hluttaw. (b) Bills relating to other matters , except the matters prescribed in the Constitution that the Bill shall be submitted and passed exclusively by the Pyidaungsu Hluttaw stated in the Union Legislative List, shall be initiated in the Pyithu Hluttaw in accord with the law. Such Bills shall be discussed and resolved by the Pyithu Hluttaw under the prescribed procedures. (c) The Bills passed by the Pyithu Hluttaw shall be sent to the Amyotha Hluttaw to continue to discuss and resolve.

139. (a) After receiving a Bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw may resolve to agree or disagree, or agree with amendments in accord with the resolution of the Amyotha Hluttaw. The Bill shall be sent back to the Amyotha Hluttaw together with the resolution of the Pyithu Hluttaw. (b) When the Pyithu Hluttaw receives the Bill with amendments from the Amyotha Hluttaw it shall, if it accepts the Bill with amendments of the Amyotha Hluttaw, send to the Speaker of the Pyidaungsu Hluttaw. (c) If there is a disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw relating to the Bill sent to the Amyotha Hluttaw, the Pyithu Hluttaw shall take the resolution of the Pyidaungsu Hluttaw.

140. Members of the organization representing any Union level Body formed under the Constitution are entitled : (a) to explain, converse and discuss Bills or matters relating to their Bodies when they are attending the Pyithu Hluttaw session with the permission of the Speaker of the Pyithu Hluttaw; (b) to explain, converse and discuss Bills or matters relating to their Bodies when they are attending sessions of the Committees, Commissions and Bodies of the Pyithu Hluttaw with the permission of the Head of the Committee, Commission or Body concerned.

Amyotha Hluttaw:

Formation of the Amyotha Hluttaw

141. The Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representatives as follows: (a) 168 Amyotha Hluttaw representatives elected in an equal number of 12 representatives from each Region or State inclusive of relevant Union territories and including one representative from each Self-Administered Division or Self-Administered Zone; (b) 56 Amyotha Hluttaw representatives who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law, four representatives from each Region or State inclusive of relevant Union territories; (c) in forming the Amyotha Hluttaw as mentioned in Sub-Sections (a) and (b), the relevant Union Territory means the Union Territories, prescribed under the Constitution, or prescribed by law of the Pyidaungsu Hluttaw, which are inclusive in State or Division, Region or State for the purpose of electing the Amyotha Hluttaw representative.

Election of Chairperson of the Amyotha Hluttaw

142. Election of Chairperson of the Amyotha Hluttaw shall be carried out subject to the provisions relating to the election of Chairperson of the Pyithu Hluttaw under Section 110

Election of the Speaker and the Deputy Speaker of the Amyotha Hluttaw

143. Election of the Speaker and the Deputy Speaker of the Amyotha Hluttaw shall be carried out subject to the provisions relating to the election of the Speaker and the Deputy Speaker of the Pyithu Hluttaw under Section 111

Duties of the Speaker of the Amyotha Hluttaw

144. The duties of the Speaker of the Amyotha Hluttaw shall be subject to the provisions relating to the duties of the Speaker of the Pyithu Hluttaw under Section 112

Performance and termination of duties of the Speaker and the Deputy Speaker of the Amyotha Hluttaw

145. Performance and termination of duties of the Speaker and the Deputy Speaker of the Amyotha Hluttaw shall be subject to the provisions relating to the performance and termination of duties of the Speaker and the Deputy Speaker of the Pyithu Hluttaw under Section 113

146. Duties, powers and rights of the Speaker and the Deputy Speaker of the Amyotha Hluttaw shall be prescribed by law.

Formation of the Amyotha Hluttaw Committees, Commissions and Bodies

147. (a) The Amyotha Hluttaw shall form Bill Committee, Public Accounts Committee, Hluttaw Rights Committee, and Government's Guarantees, Pledges and Undertakings Vetting Committee with the Amyotha Hluttaw representatives. (b) When the occasion arises to have studies made and submitted on defence and security matters or Military affairs, the Amyotha Hluttaw shall form the Defence and Security Committee with the Amyotha Hluttaw representatives who are the Defence Services personnel, for a limited time. The Defence and Security Committee so formed may, if necessary, be included suitable Amyotha Hluttaw representatives who are not the Defence Services personnel in accord with the volume of work. (c) If there arises a need to study and submit on other affairs, in addition to legislature, executive, national races affairs, economics, finance, social and foreign affairs, the Hluttaw Committees may be formed with the Amyotha Hluttaw representatives for a limited time. (d) The Amyotha Hluttaw shall determine the number of members, duties, powers, rights, and term of the Amyotha Hluttaw Committees.

148. If there arises a certain matter to co-ordinate with the Pyithu Hluttaw, the Amyotha Hluttaw may elect and assign its representatives who will serve with the Joint Committee comprising an equal number of representatives from the Amyotha Hluttaw and the Pyithu Hluttaw to form that Committee. The term of the Joint Committee shall be until the time they have submitted the report to the Hluttaw concerned.

149. When both the Amyotha Hluttaw and the Pyithu Hluttaw have certain matters to study, apart from matters to be performed by the Committees as prescribed in Sub-Sections (a) and (b) of Section 147, the Speakers of these Hluttaws may co-ordinate among themselves and form a Joint Committee comprising an equal number of representatives from the Amyotha Hluttaw and the Pyithu Hluttaw. The Amyotha Hluttaw may elect and assign the Amyotha Hluttaw representatives included in that Committee. The term of the Joint Committee shall be until the time they have submitted the report to the Hluttaw concerned.

150. Formation of the Amyotha Hluttaw Commissions and Bodies of the Amyotha Hluttaw shall be carried out subject to the provisions relating to the formation of Commission and Bodies of the Pyithu Hluttaw under Section 118

Term of the Amyotha Hluttaw

151. The term of the Amyotha Hluttaw is the same as the term of the Pyithu Hluttaw. The term of the Amyotha Hluttaw expires on the day of the expiry of the Pyithu Hluttaw.

Qualifications of the Amyotha Hluttaw representatives

152. The Amyotha Hluttaw representatives shall be: (a) persons who have attained the age of 30 years; (b) persons who have qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed under Section 120; (c) persons whose qualifications does not breach the provisions under Section 121 which disqualified a person from standing for election as the Pyithu Hluttaw representatives.

Qualifications of the Amyotha Hluttaw representatives who are the Defence Services personnel

153. The Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services as the Amyotha Hluttaw representatives who are the Defence Services personnel in accord with the law, shall possess the prescribed qualifications for the Amyotha Hluttaw representatives.

Convening of the Amyotha Hluttaw Session

154. (a) The commencement of the term of the Amyotha Hluttaw is the day of the commencement of the term of the Pyithu Hluttaw. (b) The first regular session of the Amyotha Hluttaw shall be held within seven days after the commencement of the term of that Hluttaw.

155. Convening the Amyotha Hluttaw session shall be carried out subject to the provisions relating to convening of the Pyithu Hluttaw sessions under Sections 124 to 135

Submission of Bill

156. Bills relating to other matters, except the matters prescribed in the Constitution that the Bill was submitted and passed exclusively by the Pyidaungsu Hluttaw stated in Union Legislative List, shall be initiated in the Amyotha Hluttaw in accord with the prescribed procedures.

157. (a) After issuing a rule, regulation or by-law in accord with the law enacted by the Pyidaungsu Hluttaw, the Body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the Amyotha Hluttaw with the permitted arrangement of the Speaker of the Hluttaw. (b) If it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, Hluttaw representatives may move to annul or amend the rule, regulation or by-law to the Amyotha Hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. (c) If there is a disagreement between the Amyotha Hluttaw and the Pyithu Hluttaw to annul or amend any rule, regulation or by-law, it shall be submitted to the Pyidaungsu Hluttaw.

158. (a) If Bills submitted by any Union level organization formed under the Constitution are sent in accord with prescribed procedures of the Pyidaungsu Hluttaw, it shall be deemed that such Bills are initiated in the Amyotha Hluttaw, and shall be discussed and resolved in the Amyotha Hluttaw. (b) Bills relating to other matters, except the matters prescribed in the Constitution that the Bill was submitted and passed exclusively by the Pyidaungsu Hluttaw stated in the Union Legislative List shall be initiated in the Amyotha Hluttaw in accord with the law. Such Bills shall be discussed and resolved by the Amyotha Hluttaw under the prescribed procedures. (c) The Bills passed by the Amyotha Hluttaw shall be sent to the Pyithu Hluttaw to continue to discuss and to resolve.

159. (a) After receiving a Bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw may resolve to agree or disagree, or agree with amendments in accord with the resolution of the Pyithu Hluttaw. The Bill shall be sent back to the Pyithu Hluttaw together with the resolution of the Amyotha Hluttaw. (b) When the Amyotha Hluttaw receives the Bill with amendments from the Pyithu Hluttaw it shall, if it accepts the Bill with amendments of the Pyithu Hluttaw, send to the Speaker of the Pyidaungsu Hluttaw. (c) If there is a disagreement between the Amyotha Hluttaw and the Pyithu Hluttaw relating to the Bill sent to the Pyithu Hluttaw, the Amyotha Hluttaw shall obtain the resolution of the Pyidaungsu Hluttaw.

160. Members representing any Union level Body formed under the Constitution are entitled : (a) to explain, converse and discuss Bills or matters relating to their Bodies when they are attending the Amyotha Hluttaw session with the permission of the Speaker of the Amyotha Hluttaw; (b) to explain, converse and discuss Bills or matters relating to their Bodies when they are attending sessions of the Committees, Commissions and Bodies of the Amyotha Hluttaw with the permission of the Head of the Committee, Commission or Body concerned.

Region Hluttaw or State Hluttaw:

Formation of the Region Hluttaw or the State Hluttaw

161. The Region or State Hluttaw shall be formed with the following persons: (a) representatives of the Region or State Hluttaw, two of each are elected from each township in the Regions or the States; (b) representatives of the Region Hluttaw, each is elected from each national race determined by the authorities concerned as having a population which constitutes 0.1 percent and above of the population of the Union, of the remaining national races other than those who have already obtained the respective Region or a Self-Administered Area in that Region; (c) representatives of the State Hluttaw, each is elected from each national race determined by the authorities concerned as having a population which constitutes 0.1 percent and above of the population of the Union, of the remaining national races other than those who have already obtained respective State or a Self-Administered Area in that State; (d) representatives of the Region or State Hluttaw who are the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services in accord with the law for an equal number of one-third of the total number of Hluttaw representatives elected under Sub-Sections (a) and (b) or (a) and (c).

Election of the Chairperson of the Region or State Hluttaw

162. Election of Chairperson of the Region Hluttaw or the State Hluttaw shall be carried out subject to the provisions relating to the election of Chairperson of the Pyithu Hluttaw under Section 110

Election of the Speaker and the Deputy Speaker of the Region Hluttaw or the State Hluttaw

163. Election of the Speaker and the Deputy Speaker of the Region Hluttaw or the State Hluttaw shall be carried out subject to the provisions relating to the election of the Speaker and the Deputy Speaker of the Pyithu Hluttaw under Section 111. Duties of the Speaker of the Region Hluttaw or the State Hluttaw.

Duties of the Speaker of the Region Hluttaw or the State Hluttaw

164. The Speaker of the Region Hluttaw or the State Hluttaw shall: (a) supervise the Region Hluttaw or the State Hluttaw sessions; (b) invite the President, if he is informed of the President's desire to address the Region Hluttaw or the State Hluttaw; (c) make necessary arrangement if the Chief Minister of the Region or State informs his desire to address; (d) have the right to invite members of the organization or persons representing any Region or State level organization formed under the Constitution to attend the session of the Region Hluttaw or the State Hluttaw and give clarifications on matters relating to ongoing discussions, if necessary; (e) perform other duties and powers prescribed by the Constitution or any law.

Performance and termination of duties of the Speaker and the Deputy Speaker of the Region Hluttaw or the State Hluttaw

165. Performance and termination of duties of the Speaker and the Deputy Speaker of the Region Hluttaw or the State Hluttaw shall be subject to the provisions relating to the performance and termination of duties of the Speaker and the Deputy Speaker of the Pyithu Hluttaw in Section 113

166. Duties, powers and rights of the Speaker and the Deputy Speaker of the Region Hluttaw or the State Hluttaw shall be prescribed by law. Formation of the Region Hluttaw or the State Hluttaw Committee and Bodies.

Formation of the Region Hluttaw or the State Hluttaw Committee and Bodies

167. (a) The Region Hluttaw or the State Hluttaw may, if necessary, form Committee and Bodies with the Region or State Hluttaw representatives concerned to study and submit legislation, national races affairs vested by the Constitution. (b) The Region Hluttaw or the State Hluttaw may form above Committees and Bodies including suitable citizens. (c) The Region Hluttaw or the State Hluttaw shall prescribe the number of members, duties, powers, rights and terms of the Committees or Bodies in forming those Committees and Bodies.

Term of the Region Hluttaw or the State Hluttaw

168. The term of the Region or State Hluttaw is the same as the term of the Pyithu Hluttaw. The term of the Region or State Hluttaw expires on the day of the expiry of the Pyithu Hluttaw.

Qualifications of the Region Hluttaw or the State Hluttaw representatives

169. The Region or State Hluttaw representatives shall: (a) have qualifications entitled to be elected as the Pyithu Hluttaw representatives under Section 120; (b) shall be subject to the provisions of Section 121 which provide the disqualifications to be elected as the Pyithu Hluttaw representatives.

Qualifications of the Region or State Hluttaw representatives who are Defence Services personnel

170. The Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services as the Region or State Hluttaw representatives who are the Defence Services personnel in accord with the law, shall possess the prescribed qualifications for the Region or State Hluttaw representatives.

Convening the Region or State Hluttaw Sessions

171. (a) The commencement of the term of the Region or State Hluttaw is the day of the commencement of the term of the Pyithu Hluttaw. (b) The first regular session of the Region or State Hluttaw shall be held within 15 days after the commencement of the term of the Hluttaw.

172. (a) The first regular session of the Region or State Hluttaw shall be convened by the State Peace and Development Council after the Constitution comes into operation. (b) The first regular sessions for the forthcoming terms of the Region or State Hluttaw shall be held by the Speaker of the Region or State Hluttaw who continues to perform his duties in accord with the provisions of the Constitution.

173. (a) The representatives of the Region or State Hluttaw shall take an affirmation of office as mentioned in Schedule Four before the Chairperson of the Region or State Hluttaw at the first regular session of the Region or State Hluttaw. (b) The representatives of the Region or State Hluttaw who have not taken an affirmation of office shall do so before the Speaker of the Hluttaw at the session of the Region or State Hluttaw at which they first attend.

174. The Speaker of the Region or State Hluttaw shall convene the regular session at least once a year. The maximum interval between regular sessions shall not exceed 12 months.

175. The following functions shall be carried out at the Region or State Hluttaw session: (a) recording the addresses delivered by the President; (b) reading and recording the message sent by President and other messages permitted by the Speaker; (c) recording the address delivered by the Chief Minister of the Region or the State; (d) submitting, discussing and resolving on a Bill; (e) discussing and resolving on the matters to be undertaken by the Region or State Hluttaw in accord with the provisions of the Constitution; (f) discussing, resolving and recording the reports submitted to the Region or State Hluttaw; (g) submitting proposal, discussing and resolving; (h) raising questions and replying; (i) undertaking matters approved by the Speaker of the Region or State Hluttaw.

176. Matters that require resolution, agreement and approval of the Region or State Hluttaw shall be implemented as follows: (a) if the Region or State Hluttaw is in session, the matter shall be resolved at that session; (b) if the Region or State Hluttaw is not in session, the matter shall be resolved at the nearest Region or State Hluttaw session; (c) a special session or an emergency session shall be convened to discuss and to resolve matters which need urgent action in the interest of the public.

177. The Speaker of the Region or State Hluttaw may convene a special session or an emergency session of the Region or State Hluttaw, if necessary.

178. The Speaker of the Region or State Hluttaw shall convene a special or an emergency session of the Region or State Hluttaw as soon as possible when the Chief Minister of the Region or State informs him to do so.

179. The Speaker of the Region or State Hluttaw shall convene a special session as soon as possible, if at least one-fourth of the total number of the Region or State Hluttaw representatives so require.

180. (a) The first day session of the Region or State Hluttaw shall be valid if more than half of the total number of Hluttaw representatives, who have the right to attend the Region or State Hluttaw session, are present. The session, if invalid, shall be adjourned. (b) The sessions that are adjourned due to invalidity in accord with the Sub-Section (a) as well as the valid session that are extended will be valid if at least one-third of the Hluttaw representatives are present.

181. (a) A matter that shall be resolved in the Region or State Hluttaw, save as otherwise provided by the Constitution, shall be determined by a majority of votes of the Region or State Hluttaw representatives who are present and voting. (b) The Speaker of the Region or State Hluttaw discharging duties as the Speaker at the Region or State Hluttaw shall not voted in the first instance in the sessions of the Region or State Hluttaw, but shall have and exercise a casting vote in the matter of an equality of votes.

182. If the Region or State Hluttaw representative is, without permission of the Region or State Hluttaw, absent from a Region or a State Hluttaw session for a period of at least 15 consecutive days, the Region or State Hluttaw may declare his seat vacant. In computing the said period of 15 days, it shall not be counted of any period during which the session is adjourned.

183. Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its functions. Moreover, the resolutions and proceedings of the Region or State Hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered.

184. The proceedings and the records of the Region or State Hluttaw shall be published. However, the proceedings and the records prohibited by any law or the resolution of the Region or State Hluttaw shall not be published.

185. (a) Subject to the provisions of the Constitution and the provisions of the law relating to the Region or State Hluttaw, the Region or State Hluttaw representatives shall have freedom of speech and voting at the Region or State Hluttaw and the Committee and Body formed by the Region or State Hluttaw. Concerning the discussing, submitting and performing at the Region or State Hluttaw and the Region or State Hluttaw Committees and Bodies, no action shall be taken against a Region or a State Hluttaw representative except under its laws. (b) Subject to the provisions of the Constitution and the provisions of the law relating to the Region or State Hluttaw, members of the organizations or persons representing any of the Region or State level organizations formed under the Constitution who are permitted or invited to attend the session of the Region or State Hluttaw or any Committee and Body of the Region or State Hluttaw have the freedom of speech at the Region or State Hluttaw or the Region or State Hluttaw Committees and Bodies. No action shall be taken against such members or persons for their submissions and speeches in the Region or State Hluttaw by other law except under its laws. (c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the Region or State Hluttaw or the existing laws.

186. (a) If there is a need to arrest a Region or a State Hluttaw representative attending the Region or State Hluttaw session or a person attending the Region or State Hluttaw session with the permission or invitation of the Speaker of the Hluttaw, the credible evidence shall be submitted to the Speaker of the Region or State Hluttaw. He shall not be arrested without the prior permission of the Speaker of the Region or State Hluttaw. (b) If there is a need to arrest a member of a Committee or a Body of the Region or State Hluttaw attending session of any Committee or Body formed by the Region or State Hluttaw, the credible evidence shall be submitted to the Speaker of the Region or State Hluttaw through the Head of the Committee or Body concerned. He shall not be arrested without the prior permission of the Speaker of the Hluttaw. (c) If a representative of the Region or State Hluttaw is arrested, session of the Region or State Hluttaw or session of any Committee or any Body formed by the Hluttaw is not in session, the credible evidence in support of such arrest shall as soon as possible be submitted to the Speaker of the Region or State Hluttaw.

187. No action shall be instituted relating to the reports, documents and Hluttaw records published by the Region or State Hluttaw or under its authority.

Legislation

188. The Region or State Hluttaw shall have the right to enact laws for the entire or any part of the Region or State related to matters prescribed in Schedule Two of the Region or State Hluttaw Legislative List.

189. (a) When the Region or State Hluttaw enacts a law, it may: (i.) authorize to issue rules, regulations and by-laws concerning that law to any Region or State level organization formed under the Constitution; (ii.) authorize to issue notifications, orders, directives and procedures to the respective organization or authority. (b) The rules, regulations, by-laws, notifications, orders, directives and procedures issued under the power conferred by any law shall be in conformity with the provisions of the Constitution and the relevant law. (c) After issuing any rule, regulation or by-law in accord with the law enacted by the Region or State Hluttaw, the Body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the Region or State Hluttaw under the permitted arrangement of the Speaker of the Hluttaw. (d) If it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, Hluttaw representatives may move to annul or amend the rule, regulation or by-law to the Region or State Hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. (e) If the Region or State Hluttaw passes a resolution to annul or amend any rule, regulation or by-law, the resolution shall be without prejudice to the validity of any action previously taken under the relevant rules, regulations or by-laws.

Submission of Bill

190. (a) The Region or State level organizations formed under the Constitution shall have the right to submit the Bills relating to matters they administered among the matters included in the Schedule Two of the Region or State Legislative List to the Region or State Hluttaw in accord with the prescribed procedures. (b) Bills relating to regional plans, annual budgets and taxation of the Region or State, which are to be submitted exclusively by the Region or State government, shall be submitted to the Region or State Hluttaw in accord with the prescribed procedures.

191. Representatives of the Region or State Hluttaw shall submit the Bills relating to other matters, except the matters prescribed in the Constitution that the Bill was submitted exclusively by the Region or State Hluttaw stated in the Schedule Two of the Region or State Legislative List, to the Region or State Hluttaw in accord with the prescribed procedures.

192. (a) Members, who are representatives of the Region or State Hluttaw among members representing any Region or State level organization formed under the Constitution, are entitled to explain, converse, discuss and vote Bills or matters relating to their organizations at the Hluttaw sessions. (b) Members, who are not representatives of the Region or State Hluttaw among members representing any Region or State level organization formed under the Constitution, when they are attending Hluttaw session with the permission of the Speaker of the Hluttaw, are entitled to explain, converse and discuss Bills or matters relating to their organizations.

Submission of Region and State Budget Bill

193. (a) The Region or State Annual Budget Bill to which only by the Region or State Government has the right to be submitted only to the Region or State Hluttaw in accord with the prescribed procedures. (b) Relating to the Bill in Sub-Section (a), the Region or State Budget including finance received from the Union Fund of the Region or State under the Union Budget Law or the Supplementary Appropriation Law with the recommendation of the Chief Minister concerned shall be discussed, as may be necessary by the Region or State Hluttaw concerned and shall be carried out and approved, refused, curtailed with the majority consent. In doing so, the following matters may be discussed at the Region Hluttaw or the State Hluttaw, but not refused or curtailed: (i.) salary and allowance of Heads and members of the Region or State level organizations formed under the Constitution and expenditures of those organizations; (ii.) salary and allowance of Heads and members of Leading Bodies of Self-Administered Area formed under the Constitution and expenditures of those bodies; (iii.) debts for which the Region or State is liable and expenses relating to the debts, other expenses relating to the loans taken out by the Region or State; (iv.) expenditures required to satisfy judgment, order or decree of any Court or Tribunal; (v.) other expenditures which are to be charged by any law enacted by the Region Hluttaw or the State Hluttaw.

194. The Region or State Hluttaw shall pass a resolution when the Region or State government submits the Region or State estimated budget in accord with the prescribed procedures.

Promulgation of Law

195. (a) The Chief Minister of the Region or State shall: (i.) sign and promulgate the Bills approved by the Region or State Hluttaw as law within seven days after the day of receipt in accord with the prescribed procedures; (ii.) sign and promulgate the Bills approved by the Leading Body of Self-Administered Division or Self-Administered Zone as law within 14 days after the day of receipt. (b) If the Chief Minister of the Region or State does not sign and promulgate the Bill as law within the prescribed period, on the day after the completion of that period, the Bill shall become a law as if he had signed it. (c) The laws signed by the Chief Minister of the Region or State and laws which deemed to have been signed by him, shall be promulgated by the publication in the official gazette. The Law shall come into operation on the day of such promulgation unless the contrary intention is expressed.

Self-Administered Division and Self-Administered Zone Leading Bodies

196. The legislative power relating to the matters listed in the Schedule Three for respective Divisions or Zones are allotted to the Self-Administered Division or the Self-Administered Zone Leading Bodies.

Duties, powers and rights of the representatives of the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw

197. Duties, powers and rights of the representatives of the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw shall be prescribed by law.

Effect of Laws

198. The effect of laws enacted by different levels of the Hluttaw and the Leading Bodies of the Self-Administered Area is as follows: (a) if any provision of the law enacted by the Pyidaungsu Hluttaw, the Region Hluttaw, the State Hluttaw, the Leading Bodies of the Self-Administered Division or the Self-Administered Zone or, any existing law is inconsistent with any provision of the Constitution, the Constitution shall prevail; (b) if any provision of the law enacted by the Region Hluttaw or the State Hluttaw is inconsistent with any provision of the law enacted by the Pyidaungsu Hluttaw, the law enacted by the Pyidaungsu Hluttaw shall prevail; (c) if any provision of the law enacted by the Leading Body of the Self-Administered Division or the Self-Administered Zone is inconsistent with any provision of the law enacted by the Pyidaungsu Hluttaw, the law enacted by the Pyidaungsu Hluttaw shall prevail; (d) if any provision of the law enacted by the Leading Body of the Self-Administered Division or the Self-Administered Zone is inconsistent with any provision of the law enacted by the Region Hluttaw or the State Hluttaw concerned, the law enacted by the Region Hluttaw or the State Hluttaw concerned shall prevail.

Chapter V: Executive

The Union Government

199. (a) The Executive Head of the Union is the President. (b) (i.) The executive power of the Union is distributed among the Union, Regions and States. (ii.) Self-Administered power is distributed among Self-Administered Areas as prescribed by the Constitution.

Formation of the Union Government

200. The Union Government shall comprise the following persons: (a) The President; (b) Vice-Presidents; (c) Ministers of the Union; (d) The Attorney General of the Union.

Formation of the National Defence and Security Council

201. The National Defence and Security Council led by the President, to enable it to discharge the duties assigned by the Constitution or any law, shall be formed with the following persons: (a) The President; (b) Vice-President; (c) Vice-President; (d) Speaker of the Pyithu Hluttaw; (e) Speaker of the Amyotha Hluttaw; (f) Commander-in-Chief of the Defence Services; (g) Deputy Commander-in-Chief of the Defence Services; (h) Minister for Defence; (i) Minister for Foreign Affairs; (j) Minister for Home Affairs; (k) Minister for Border Affairs.

Powers and Functions of the President

202. The President, with the approval of the Pyidaungsu Hluttaw, may: (a) designate the Ministries of the Union Government as necessary, and may make changes and additions to the ministries; (b) designate the number of the Union Ministers as necessary, and may increase or decrease the number.

203. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

204. The President has: (a) the power to grant a pardon; (b) the power to grant amnesty in accord with the recommendation of the National Defence and Security Council.

205. The President may, in accord with the law, have: (a) the power to confer honorary titles and awards; and (b) the power to revoke conferred honorary titles and awards.

206. The President may establish or sever diplomatic relations with foreign countries with the approval of the Pyidaungsu Hluttaw. However, in situation which requires immediate action, the President may sever diplomatic relations with any foreign country after coordination with the National Defence and Security Council. The President shall submit that action to the Pyidaungsu Hluttaw for its approval.

207. The President, in accord with the law, may: (a) appoint and recall the diplomats of its country; (b) agree on the appointment of foreign diplomats and send information on the recall of diplomats; (c) accept the letters of accreditation presented by foreign diplomats.

208. The President, in accord with the law, may appoint and dismiss Heads of the Bodies of Civil Services.

209. The President, in accord with the law: (a) shall enter into, ratify or annul international, regional or bilateral treaties which require the approval of the Pyidaungsu Hluttaw, or revoke from such treaties; (b) may enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or revoke from such treaties.

210. The President shall have the right to occasionally deliver an address or send a message to the session of the Pyidaungsu Hluttaw or the Amyotha Hluttaw, or to the entire country relating to the policies and general situation of the Union.

211. The President may intimate the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw, if necessary.

212. (a) Except Union budget matters, the President shall have the right to promulgate an ordinance for administrative matters that need immediate action during the interval between sessions of the Pyidaungsu Hluttaw. (b) If the President has not revoked the ordinance promulgated under Sub-Section (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw is not in session, the President shall, within 60 days after the promulgation of such ordinance, summon a special session of the Pyidaungsu Hluttaw for approval. (c) The ordinance shall cease to have effect from the day on which it is not approved by the Pyidaungsu Hluttaw. (d) The ordinance promulgated by the President, with the approval of the Pyidaungsu Hluttaw, will continue to be in operation for the required period. (e) Notwithstanding that an ordinance has been already revoked within 60 days after its promulgation, it shall be submitted to the nearest session of the Pyidaungsu Hluttaw. (f) If an ordinance contains the provision to which the Pyidaungsu Hluttaw has no right to make a resolution in accord with the Constitution, the said provision shall cease to have effect.

213. The President: (a) shall have the right to take appropriate military action, in co-ordination with the National Defence and Security Council formed in accord with the Constitution, in case of aggression against the Union; (b) shall submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session, or to summon an emergency session to submit that matter for approval if the Pyidaungsu Hluttaw is not in session; (c) may declare war or make peace only with the assent of the Pyidaungsu Hluttaw.

214. The President shall take action in accord with the provisions of the Constitution and sign the laws passed and enacted by the Pyidaungsu Hluttaw. The said signed laws shall be promulgated in the Official Gazette.

215. The President shall not be answerable to either any Hluttaw or to any Court for the exercise of the powers and functions of his office or for any act done or purported to be done by him in the exercise of these powers and functions in accord with the Constitution or any law. However, the exemption does not deal with the provisions relating to impeachment of the President under the Constitution.

The Executive Power of the Union Government

216. Subject to the provisions of the Constitution, the executive power of the Union extends to administrative matters over which the Pyidaungsu Hluttaw has power to make laws.

217. Subject to the provisions of the Constitution, the executive power of the Union shall be vested in the President. Nothing in this Section shall prevent the Pyidaungsu Hluttaw from conferring functions and powers upon any authoritative body or person, or be deemed to transfer to the President functions and powers vested in any administrative body or person concerned under the existing laws.

218. (a) All executive actions of the Union Government shall be taken as action in the name of the President. (b) The President shall, except in matters conferred on him by the Constitution to perform in his own discretion, have the right to issue necessary rules on matters to be performed by the Union Government, on allocation of the said matters to the Ministries of the Union Government, and on allocation to the person responsible to act under any law. (c) Orders and instruments executed in the name of the President shall be in accord with the manners of the prescribed rules issued by the President. Moreover, the validity of such order or instruments shall not be called in question on the ground that it was not done by the President. (d) The President may, without prejudice to the generality of the provisions of Sub-Sections (a), (b) and (c) of this Section, allocate his duties regionally or according to the functions of the Government department.

219. The Union Government preserves stability of the Union, community peace and tranquillity and prevalence of law and order.

220. The Union Government shall promulgate its policies in accord with the provisions of the Constitution. The necessary projects have to be drawn in accord with the said policies and shall be implemented with the approval of the Pyidaungsu Hluttaw.

221. The Union Government shall draft the Union Budget Bill based on the annual Union budget, after coordinating with the Financial Commission, and submit it for approval to the Pyidaungsu Hluttaw in accord with the provisions of the Constitution.

222. The Union Government shall, if the Pyidaungsu Hluttaw is unable to promulgate the Union Budget Bill before the end of the Budget Year, expend within the framework of the general expenditure included in the last-enacted Budget Law of the Pyidaungsu Hluttaw.

223. The Union Government may, relating to the matters which may be enacted into law by the Pyidaungsu Hluttaw in accord with the provisions of the Constitution, submit the Bill to the Pyidaungsu Hluttaw.

224. The Ministries of the Union Government shall, in carrying out the functions of their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the Constitution and the existing laws.

225. In carrying out functions of the Region Government, the State Government, and the Leading Bodies of Self-Administered Division and Self-Administered Zone, the Union Government co-operates and co-ordinates with them to be effective and successful.

226. The Union Government, with the exception of Constitutional disputes and the disputes over territorial re-delineation shall: (a) mediate and if necessary, decide, on disputes over administration between the Region and State, among Regions, among States, between Region or State and Self-Administered Area, among Self-Administered Areas; and (b) mediate and if necessary, decide, on disputes over administration between the Region or State and Union territory, between Self-Administered Area and Union territory.

227. The Union Government, in accord with the law: (a) may form Civil Services organizations relating to the Union as necessary. In so forming, the functions and powers shall be prescribed; (b) may appoint the required civil service personnel.

228. The Union Government shall: (a) implement the administrative resolutions passed occasionally by the Pyidaungsu Hluttaw and report back the actions which have been taken to the Pyidaungsu Hluttaw; (b) submit occasionally matters relating to the general situation of the Union to the Pyidaungsu Hluttaw.

Formation of the Financial Commission

229. (a) The Financial Commission shall be formed with the following persons: (i.) The President - Chairperson (ii.) Vice-Presidents - Vice-Chairpersons (iii.) The Attorney-General of the Union - Member (iv.) The Auditor-General of the Union - Member (v.) Chief Ministers of the Regions and States - Members (vi.) The Nay Pyi Taw Council Chairperson - Member (vii.) The Minister of Finance of the Union - Secretary (b) (i.) In forming the Financial Commission, the President may appoint a suitable person as a temporary member if there is vacancy for any reason. (ii.) The President shall promulgate the formation of the Financial Commission. Moreover, necessary orders or directives, so forth, for the Financial Commission may be promulgated either by the President or the person assigned by him.

Duties and Functions of the Financial Commission

230. (a) The budgets of the Union Ministries and Union level organizations are to be vetted by a Vice-President assigned by the President, and the estimated budgets of the Union level organizations including the Union Ministries are to be submitted to the Financial Commission. (b) The budgets of the Region or State are to be vetted by the other Vice-President assigned by the President, and the estimated budgets of the Region or State are to be submitted to the Financial Commission. (c) The Financial Commission shall: (i.) submit to the Pyidaungsu Hluttaw with recommendation for the Union Budget which includes the expenditure of the Union territory, a supplementary finance as suitable to the Regions or States from the Union Fund, giving grants as a special matter and permitting loans; (ii.) to advise financial matters that should be undertaken; (iii.) carry out the duties assigned by the Pyidaungsu Hluttaw through the promulgation of law for the emergence of a substantial financial system. (d) The Financial Commission shall submit with recommendation to the President, the Bill of Union Budget, which includes Union Budget, the distribution of suitable funds from Union Fund accounts to Regions or States, the provisions or funds as a special case and disbursing of necessary loans for submission them to the Pyidaungsu Hluttaw. (e) The Financial Commission may, if necessary, seek advice from financial experts.

Taxes and revenues to be paid to the Union Fund

231. (a) The Union shall, with the exception of the taxes and revenues listed in Schedule Five to be collected by Regions or States, collect all other taxes and revenues in accord with the law and deposit them in the Union Fund. (b) If it is necessary to collect designated receipts or incomes and taxes and revenues to be collected by the Regions or States for the Union territories, the Union shall collect them in accord with the law and deposit them in the Union Fund. (c) The Union has the right to expend the Union Fund in accord with the law.

The Union Ministers and the Deputy Ministers:

Appointment of the Union Ministers

232. (a) The President shall appoint the Union Ministers who possess the following qualifications: (i.) person who has attained the age of 40 years; (ii.) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) person whose qualifications does not breach the provisions under Section 121 which disqualify the person from standing for election as the Pyithu Hluttaw representative; (iv.) person loyal to the Union and its citizens. (b) In order to appoint the Union Ministers, the President shall: (i.) select suitable persons who have qualifications prescribed in Sub-Section (a) from among the Hluttaw representatives or persons who are not Hluttaw representatives; (ii.) obtain a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services for Ministries of Defence, Home Affairs and Border Affairs; (iii.) co-ordinate with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as Union Ministers for other Ministries apart from Ministries of Defence, Home Affairs and Border Affairs. (c) The President shall compile the list of persons selected by him and the list of the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services and submit them to the Pyidaungsu Hluttaw for its approval. (d) The appointment of a person as a Union Minister nominated by the President shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the Union Minister. (e) The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of a Union Minister . (f) The President shall appoint the persons who have been approved by the Pyidaungsu Hluttaw as Union Ministers. In doing so, the President shall designate Ministry or Ministries for each Union Minister to take responsibility. (g) The President shall intimate the Pyidaungsu Hluttaw whenever he appoints Union Ministers. (h) The Union Ministers shall be responsible to the President. (i) If the Union Minister is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as a Union Minister. (j) (i.) If the Union Minister is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as a Union Minister. (ii.) The Defence Services personnel who are appointed as Union Ministers for the Ministries of Defence, Home Affairs and Border Affairs are not required to retire or resign from the Defence Services. (k) If the Union Minister is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as a Union Minister.

Impeachment of the Union Minister

233. (a) Any Union Minister may be impeached on any of the following reasons: (i.) high treason; (ii.) breach of any provision of the Constitution; (iii.) misconduct; (iv.) disqualification of qualification of the Union Minister prescribed in the Constitution; (v.) inefficient discharge of duties assigned by law. (b) If there is a need to impeach any Union Minister, the same procedure for the impeachment of the President or Vice-President under Section 71 shall be applied. (c) The President shall remove the impeached Union Minister from office when the Hluttaw that had made an investigation had resolved and submitted to the President that the charge has been substantiated and the Union Minister is unfit to continue in office. (d) If the Hluttaw concerned resolves that the charge has failed, the Speaker of the Hluttaw shall report the resolution to the President.

Appointment of Deputy Ministers

234. (a) The President shall appoint the persons, from among Hluttaw representatives or from those who are not Hluttaw representatives, possessing the following qualifications, as Deputy Ministers to assist the Union Ministers: (i.) persons who have attained the age of 35 years; (ii.) persons who have qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives; (iii.) persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) persons loyal to the Union and its citizens. (b) The President shall, to appoint the Deputy Ministers for Ministries of Defence, Home Affairs and Border Affairs, have the list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services. (c) The President shall co-ordinate with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as the Deputy Ministers of other Ministries apart from the Ministries of Defence, Home Affairs and Border Affairs. (d) The President shall designate Ministries for each Deputy Minister to take responsibility. (e) The Deputy Ministers shall be responsible to the relevant Union Minister, and to the President through the relevant Union Minister. (f) If the Deputy Minister is a representative of a Hluttaw or a Civil Services personnel or a Defence Services personnel, or a member of a political party, the provisions of Sub-Sections (i), (j) and (k) of Section 232 shall be applied. Term of office, resignation, termination of duties and filling vacancy of the Union Ministers and Deputy Ministers

Term of office, resignation, termination of duties and filling vacancy of the Union Ministers and Deputy Ministers

235. (a) The term of the Union Minister and Deputy Minister is the same as that of the President. (b) The Union Minister or Deputy Minister may resign from office on his own volition due to a certain reason before the expiry of his term of office, after submitting his written resignation to the President. (c) The President: (i.) may direct any Union Minister or Deputy Minister who cannot discharge his duties efficiently to resign. If he fails to comply, he shall be terminated from his duties; (ii.) shall co-ordinate with the Commander-in-Chief of the Defence Services if it relates to a Defence Services personnel who is a Minister or Deputy Minister to resign or remove from office. (d) If the office of the Union Minister or Deputy Minister becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Union Minister or Deputy Minister in accord with the provisions of the Constitution relating to the appointment of the Union Minister or Deputy Minister. The term of office of the newly appointed Union Minister or Deputy Minister shall be the same as the remaining term of the President. (e) (i.) When the President before the expiry of his term in office, has appointed the Union Ministers or Deputy Ministers, and the President's office is vacant due to resignation or death or any other reason, the Union Ministers and the Deputy Ministers shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Union Ministers or Deputy Ministers. (ii.) The term of the newly appointed Union Ministers and Deputy Ministers shall be up to the expiry of the remaining term of the new President. (f) Duties, powers and rights of the Union Minister and Deputy Ministers shall be prescribed by law.

The Attorney General of the Union and the Deputy Attorney General

236. The Attorney General of the Union shall be called the Attorney General of the Union.

The appointment of the Attorney General of the Union

237. (a) The President, with the approval of the Pyidaungsu Hluttaw, shall appoint a person, from among Hluttaw representatives or persons who are not Hluttaw representatives having the following qualifications as the Attorney-General of the Union to obtain legal advice and assign duties on legal matters : (i.) person who has attained the age of 45 years; (ii.) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) person whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as the Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as a Judge of the Region or State High Court for at least five years; or (bb.) person who has served as a judicial officer or law officer for at least 10 years not lower than that of the Region or State Level; (cc.) person who has practised as an advocate for at least 20 years; (dd.) person who is, in the opinion of the President, as an eminent jurist; (v.) person who is loyal to the Union and its citizens. (b) The appointment of a person as the Attorney-General of the Union by the President shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualification of the Attorney-General of the Union. (c) The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of a person as the Attorney-General of the Union. (d) The Attorney-General of the Union is a member of the Union Government. (e) The Attorney General of the Union shall be responsible to the President. (f) If the Attorney General of the Union is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as Attorney General of the Union. (g) If the Attorney General of the Union is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the Attorney General of the Union. (h) If the Attorney General of the Union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as the Attorney General of the Union.

Impeachment of the Attorney General of the Union

238. If there is a need to impeach the Attorney General of the Union, the same procedure for the impeachment of the Union Minister under Section 233 shall be applied.

Appointment of the Deputy Attorney General

239. (a) The President shall appoint, in his own volition, the persons from among the Hluttaw representatives or from among those who are not Hluttaw representatives who have the following qualifications, as Deputy Attorney General to assist the Attorney General of the Union : (i.) person who has attained the age of 40 years; (ii.) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as a Judge of the Region or State High Court for at least five years; or (bb) person who has served as a judicial officer or law officer for at least 10 years not lower than that of the Region or State Level; or (cc.) person who has practised as an advocate for at least 15 years; (dd.) person who is, in the opinion of the President, as an eminent jurist; (v.) person who is loyal to the Union and its citizens. (b) The Deputy Attorney-General shall be responsible to the Attorney-General of the Union and to the President through the Attorney-General of the Union. (c) If the Deputy Attorney-General of the Union is a representative of a Hluttaw or a Civil Services personnel or a member of a political party, the provisions of Sub-Sections (f), (g) and (h) of Section 237 shall be applied. Term of office, resignation, termination of office, filling the vacancy of the Attorney-General of the Union and the Deputy Attorney-General

Term of office, resignation, termination of office, filling the vacancy of the Attorney-General of the Union and the Deputy Attorney-General

240. (a) The term of the Attorney-General of the Union and the Deputy Attorney-General is normally the same as that of the President. (b) The Attorney-General of the Union or the Deputy Attorney-General may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President. (c) The President may direct to resign the Attorney-General of the Union or the Deputy Attorney-General who cannot discharge his duties efficiently. If either of them fails to comply, he shall be terminated from his duties. (d) If the office of the Attorney-General of the Union or the Deputy Attorney-General becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution relating to the appointment of the Attorney-General of the Union or the Deputy Attorney-General. The term of the newly appointed Attorney-General of the Union or the Deputy Attorney-General shall be the same as the remaining term of office of the President. (e) (i.) When the President before the expiry of his term in office, has appointed the Attorney-General of the Union and the Deputy Attorney-General, and the President's office is vacant due to resignation or death or any other reason, the Attorney-General of the Union or the Deputy Attorney-General may be continued to be assigned or shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution. (ii.) The term of the new appointed Attorney-General of the Union and the Deputy Attorney-General shall be up to the expiry of the remaining term of the new President. (f) Duties, powers and rights of the Attorney-General of the Union and the Deputy Attorney-General shall be prescribed by law.

Auditor-General of the Union and the Deputy Auditor-General

241. The Auditor-General of the Union shall be called the Auditor-General of the Union.

Appointment of the Auditor-General of the Union

242. (a) The President, with the approval of the Pyidaungsu Hluttaw, shall appoint a person from among Hluttaw representatives or from among those who are not Hluttaw representatives, who has the following qualifications, as the Auditor-General of the Union so as to audit Union Budget and report thereon to the Pyidaungsu Hluttaw : (i.) person who has attained the age of 45 years; (ii.) person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualification does not breach the provisions in Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as an auditor for at least 10 years not lower than that of the Region or State Level; or (bb) person who has served as a Registered Accountant or a Certified Public Accountant for at least 20 years; or (cc.) person who is, in the opinion of the President, as a eminent accountant, statistician or economist. (v.) person who is loyal to the Union and its citizens. (b) The person nominated by the President to be appointed as the Auditor-General of the Union shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualification to be the Auditor-General of the Union. (c) The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Auditor-General of the Union. (d) The Auditor-General of the Union shall be responsible to the President. (e) If the Auditor-General of the Union is a Hluttaw representative, it shall be deemed that he has resigned from the day he is appointed as the Auditor-General of the Union. (f) If the Auditor-General of the Union is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the Auditor-General of the Union. (g) If the Auditor-General of the Union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as Auditor-General of the Union.

Impeachment of the Auditor-General of the Union

243. If there is a need to impeach the Auditor-General of the Union, the same procedure for the impeachment of the Union Minister under Section 233 shall be applied.

Appointment of the Deputy Auditor-General

244. (a) The President shall appoint, in his own volition, the persons from among the Hluttaw representatives or from those who are not Hluttaw representatives, who have the following qualifications, as the Deputy Auditor-General to assist the Auditor-General of the Union : (i.) person who has attained the age of 40 years; (ii.) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as an auditor for at least 10 years not lower than that of the Region or State Level; or (bb) person who has served as a Registered Accountant or a Certified Public Accountant for at least 15 years; or (cc.) person who is, in the opinion of the President, as an eminent accountant, statistician or economist. (v.) person who is loyal to the Union and its citizens. (b) The Deputy Auditor-General shall be responsible to the Auditor-General of the Union and the President through the Auditor-General of the Union. (c) If the Deputy Auditor-General of the Union is a representative of a Hluttaw or civil service personnel or member of a political party, the provisions of Sub-Sections (e), (f) and (g) of Section 242 shall be applied.

Term of office, resignation, termination of office, filling the vacancy of the Auditor-General of the Union and the Deputy Auditor-General

245. (a) The term of the Auditor-General of the Union and the Deputy Auditor-General is normally the same as that of the President. (b) The Auditor-General of the Union or the Deputy Auditor-General may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President. (c) The President may direct to resign the Auditor-General of the Union or the Deputy Auditor-General who cannot discharge his duties efficiently. If either of them fails to comply, he shall be terminated from his duties. (d) If the office of the Auditor-General of the Union or the Deputy Auditor-General becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Auditor-General of the Union or the Deputy Auditor-General in accord with the provisions of the Constitution relating to the appointment of the Auditor-General of the Union or the Deputy Auditor-General. The term of the newly appointed Auditor-General of the Union or the Deputy Auditor-General shall be the same as the remaining term of the President. (e) (i.) When the President before the expiry of his term in office, has appointed the Auditor-General of the Union and the Deputy Auditor-General, and the President's office is vacant due to resignation or death or any other reason, the Auditor-General of the Union or the Deputy Auditor-General may be continued to be assigned or shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Auditor-General of the Union or the Deputy Auditor-General in accord with the provisions of the Constitution. (ii.) The term of the new appointed Auditor-General of the Union or the Deputy Auditor-General shall be up to the expiry of the remaining term of the new President. (f) Duties, powers and rights of the Auditor-General of the Union and the Deputy Auditor-General shall be prescribed by law.

Formation of the Union Civil Services Board

246. (a) The President shall form the Union Civil Services Board to enable to perform the duties of selecting, training the Civil services personnel and prescribing of Civil Service regulations. (b) The President shall appoint the persons who have the following qualifications as the Chairperson and Members of the Union Civil Services Board : (i.) person who has attained the age of 50 years; (ii.) person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) experienced intelligentsia and intellectuals; (v.) person who is loyal to the Union and its citizens; (vi.) person who is not a member of a political party; (vii.) person who is not a Hluttaw representative. (c) If the Chairperson and members of the Union Civil Services Board are Civil Services personnel, it shall be deemed that they have retired according to the existing Civil Services rules and regulations from the day they are appointed as Chairperson and Members of the Union Civil Services Board of the Union. (d) The Chairperson of the Union Civil Services Board shall be responsible to the President, and members of the Union Civil Services Board shall be responsible to the President through the Chairperson of Union Civil Services Board. (e) The term of the Chairperson and members of the Union Civil Services Board is normally the same as that of the President. (f) Formation of the Union Civil Services Board, duties, powers and rights of the Chairperson and Members, resignation and termination of duties shall be prescribed by law.

The Region Government or the State Government

247. (a) The Head of the Region or State shall be called the Chief Minister of the Region or State. (b) The Member of the Region or State Government shall be called the Minister of the Region or State.

Formation of the Region Government or State Government

248. (a) The Region Government is formed in the Region and State Government is formed in the State respectively. (b) The Region or State Government is formed with the following persons: (i.) the Chief Minister of the Region or State; (ii.) the Ministers of the Region or State; (iii.) the Advocate General of the Region or State. (c) The President, with the approval of the Region or State Hluttaw concerned, may: (i.) specify the Region or State Ministries as may be necessary. Moreover, he may make changes and additions to the specified Ministries; (ii.) specify the number of the Ministers of the Region or State as may be necessary. Moreover, the specified number may be increased or decreased.

Executive powers of the Region or State Government

249. Subject to the provisions of the Constitution, the executive power of the Region or State Government extends to the administrative matters which the Region or State Hluttaw has power to make laws. Moreover, it also extends to the matters which the Region or State Government is permitted to perform in accord with any Union Law.

250. The Region or State Government shall have the responsibility to assist the Union Government in the preservation of the stability of the Union, community peace and tranquillity and prevalence of law and order.

251. The Region or State Government shall, subject to the policies adopted by the Union Government and Union Laws, implement projects that are to be undertaken in the Region or State with the approval of the Region or State Hluttaw concerned.

252. The Region or State Government shall, in accord with the provisions of the Constitution, submit the Region or State Budget Bill based on the annual Union Budget to the Region or State Hluttaw concerned.

253. The Region or State Government shall, if the Region or State Budget Bill is unable to promulgate before the end of the Budget year, expend within the framework of the general expenditure included in the last-enacted Budget Law of the Region or State Hluttaw.

Charges and Taxes to be Collected by the Region or State Government

254. (a) The Region or State shall collect the taxes and revenues listed in Schedule Five in accord with law and deposit them in the Region or State fund. (b) The Region or State has the right to expend the Region or State fund in accord with the law.

255. The Region or State Government, in accord with the provisions of the Constitution, may submit the necessary Bill relating to matters listed in Schedule Two of the Region or State Legislative List to the Region or State Hluttaw.

256. The Region or State Government: (a) shall, in carrying out the functions of the Region or State Ministries, their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the Constitution and the existing laws; (b) may, relating to the performance of the civil service organizations discharging duties in their Region or State concerned, supervise, inspect and coordinate in accord with the law.

257. The Region or State Government may, for enabling the performance of the functions to be carried out in accord with the Union Law for Civil Services and in co-ordination with the Union Government in advance : (a) form Civil Services organizations relating to the Region or State as necessary; (b) appoint the required number of Civil Services personnel.

258. The Region or State Government shall : (a) implement the administrative resolutions passed occasionally by the Region or State concerned and report back the actions which has taken to the Region or State Hluttaw concerned; (b) submit the report on the general situations of its area to the Union Government and to the Region or State Hluttaw concerned.

259. The Region or State Government shall discharge the functions occasionally assigned by the Union Government.

Office of the Region or State Government

260. The Head of the General Administration Department of the Region or State is the ex-officio Secretary of the Region or State Government concerned. Moreover, the General Administration Department of the Region or State is the Office of the Region or State Government concerned.

Chief Minister of the Region or State:

Appointment of the Chief Minister of the Region or State

261. (a) The Chief Minister of the Region or State shall have the following qualifications: (i.) person who has attained the age of 35 years; (ii.) person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) person whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) person who is loyal to the Union and its citizens. (b) In order to appoint the Chief Minister of the Region or State concerned, the President shall: (i.) select a suitable Hluttaw representative who has the prescribed qualifications from among the Region or State Hluttaw representatives concerned; (ii.) submit the list of the elected Hluttaw representatives to the Region or State Hluttaw concerned for its approval. (c) The President shall appoint the Hluttaw representative approved by the Region or State Hluttaw as the Chief Minister of the Region or State concerned. (d) The appointment of a person as a Chief Minister of the Region or State nominated by the President shall not be refused by the Region or State Hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the Chief Minister of the Region or State. (e) The President has the right to submit again the list with a new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of the Chief Minister.

Ministers of the Region or Ministers of the State:

Appointment of the Ministers of the Region or Ministers of the State

262. (a) The Chief Minister of the Region or State shall: (i.) select suitable persons who have prescribed qualifications under Sub-Section (a) of Section 261, from among the Region or State Hluttaw representatives or from among persons who are not Hluttaw representatives concerned; (ii.) request for a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services to assign responsibilities of Security and Border Affairs; (iii.) obtain a list of Chairpersons of Leading Bodies of the Self-Administered Division or the Self-Administered Zone in the Region or State concerned; (iv.) obtain the list of Hluttaw representatives elected to carry out the affairs of National races in the Region or State concerned from the relevant Election Commission. (b) The Chief Minister of the Region or State shall compile the list of persons selected by him and the list of the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services and submit them to the Region or State Hluttaw concerned for its approval. (c) The appointment of a person as a Minister of the Region or State nominated by the Chief Minister of the Region or State shall not be refused by the Region or State Hluttaw unless it can clearly be proved that the person concerned does not have the qualifications of the Minister of the Region or State. (d) The Chief Minister of the Region or State has the right to submit again the list with a new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of a Minister of the Region or State. (e) The Chief Minister of the Region or State shall submit the list of persons who are approved by the Region or State Hluttaw or Chairpersons of the Self-Administered Division or Self-Administered Zone and the list of persons who are representatives elected to undertake the affairs of National races to appoint as the Ministers of the Region or State to the President. (f) The President shall appoint the persons who have been approved by the Chief Minister of the Region or State as Ministers of the Region or State. In doing so, he shall, in co-ordination with the Chief Minister of the Region or State concerned, designate the Ministry or Ministries which each Region or the State Minister to take responsibility. (g) The President shall: (i.) assign duties to the Chairpersons of the Self-Administered Division and the Self-Administered Zone who are the Ministers of the Region or State, to perform the affairs of the Self-Administered Division or Self-Administered Zone concerned; (ii.) assign duties to the Hluttaw representatives who are the Ministers of the Region or State, to perform the affairs of National races concerned. (h) The President shall relax the prescribed age limit under the Constitution in appointing the Minister of the Region or State, the Chairperson of the Self-Administered Division or the Self-Administered Zone or elected Hluttaw representative to perform the affairs of National races concerned. (i) The President may, in co-ordination with the Chief Minister, appoint Ministers for the Self-Administered Division or the Self-Administered Zone or Ministers for National races affairs as Ministers concurrently in charge of other Ministries. (j) The Chief Minister of the Region or State shall, if he wishes to assign the Defence Services personnel as the Region or State Ministers for other duties apart from security and border affairs, obtain their list from the Commander-in-Chief of the Defence Services with the approval of the Region or State Hluttaw concerned, submit it to the President. (k) The President shall intimate the appointments of the Chief Minister and Ministers of the Region or State to the Region or State Hluttaw concerned and Pyidaungsu Hluttaw. (l) (i.) The Chief Minister of the Region or State shall be responsible to the President. (ii.) The Ministers of the Region or State shall be responsible to the Chief Minister of the Region or State concerned and to the President through the Chief Minister of the Region or State concerned. (m) The term of the Chief Minister and Ministers of the Region or State is the same as that of the President. (n) (i.) If the Minister of the Region or State is a Civil Services personnel, it shall be deemed that he has retired according to the existing Civil Services rules and regulations from the day he is appointed as Minister of the Region or State. (ii.) The Defence Services personnel who are appointed as Ministers of the Region or State for Ministries of Security and Border Affairs are not required to retire or resign from the Defence Services.

Impeachment of the Chief Minister of the Region or State or any Minister

263. (a) The Chief Minister of the Region or State or any Minister, may be impeached for one of the following reasons: (i.) high treason; (ii.) breach of any of the provisions of the Constitution; (iii.) misconduct; (iv.) disqualification of qualification of the Chief Minister or Minister of the Region or State prescribed in the Constitution; (v.) inefficient discharge of duties assigned by law. (b) If there is a need to impeach the Chief Minister or any of the Ministers of the Region or State, a charge signed by not less than one-fourth of the total number of representatives of either the Region or State Hluttaw concerned shall be submitted to the Speaker of the Hluttaw concerned. (c) The Speaker of the Hluttaw concerned shall form a body of investigation to investigate the charge. The term of the completion of the investigation shall be determined on the volume of work. (d) When the charge is being investigated, the Chief Minister or Minister of the Region or State shall have the right to defend himself in person or through a representative. (e) (i.) If an Investigation Body submits its investigation concerning the impeachment of the Chief Minister or any Minister of the Region or State by the Region or State Hluttaw concerned, the Speaker of the Hluttaw shall submit it to the relevant Region or State Hluttaw.
If, after the investigation, on submitting the findings of the charge has been substantiated and that Chief Minister or any Minister of the Region or State is unfit to continue in office by not less than two-thirds of the total number of representatives of the Hluttaw concerned which investigated, the Speaker shall submit the resolution to the President.
(ii.) The President, upon receipt of the report, shall remove the impeached Chief Minister or Minister of the Region or State. (iii.) If the Hluttaw concerned resolves that the charge has been failed, the Speaker of the Hluttaw shall submit the resolution to the President.

Resignation, termination of office, filling the vacancy of the Chief Minister or Minister of the Region or State

264. (a) The Chief Minister or any Minister of the Region or State may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President. (b) The President shall: (i.) direct to resign the Chief Minister or Minister of the Region or State who cannot discharge his duties efficiently. If he fails to comply, he shall be terminated from his duties; (ii.) co-ordinate with the Commander-in-Chief of the Defence Services concerning the Defence Services personnel who is Minister of the Region or State who has to resign or be terminated from his duties. (c) If the office of the Chief Minister or Ministers of the Region or State becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Chief Minister of the Region or State in accord with the provisions of the Constitution relating to the appointment of the Chief Minister or Ministers of the Region or State. The term of the newly appointed Chief Minister or Ministers of the Region or State shall be the same as the remaining term of the President. (d) Duties, powers and rights of the Chief Minister and Ministers of the Region or State shall be prescribed by law.

Advocate-General of the Region or Advocate-General of the State

265. The Advocate-General of the Region or the Advocate-General of the State shall be called the Advocate-General of the Region or the Advocate-General of the State.

The Appointment of the Advocate-General of the Region or State

266. (a) The Chief Minister of the Region or State shall, with the approval of the Region or State Hluttaw concerned, appoint a person from among the Region or State Hluttaw representatives or from those who are not the Hluttaw representatives having the following qualifications as the Advocate General of the Region or State to obtain legal advice and assign duties on legal matters : (i.) person who has attained the age of 40 years; (ii.) person who has qualifications, with the exception of age limit, as the Pyithu Hluttaw representatives , prescribed in Section 120; (iii.) persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as a judicial officer or law officer for at least five years not lower than that of the Region or State High Court; or person who has served as a judicial officer or law officer for at least 10 years not lower than that of the District Level; (bb.) person who has been an advocate for at least 15 years. (v.) person loyal to the Union and its citizens. (b) The President, with the approval of the Hluttaw shall appoint a person from among Hluttaw representatives as the Advocate-General of the Region or State. (c) The appointment of a person as the Advocate-General of the Region or State nominated by the Chief Minister of the Region or State, to be appointed as the Advocate-General of the Region or State shall not be refused by the Region or State Hluttaw concerned unless it can clearly be proved that the person concerned does not meet the qualifications of the Advocate-General of the Region or State. (d) The Chief Minister of the Region or State has the right to submit again the list for the appointment of a person as the Advocate-General of the Region or State to the Region or State Hluttaw concerned instead of the one who has not been approved by the Region or State Hluttaw. (e) The Advocate-General of the Region or State is a member of the Government of the Region or State concerned. (f) The Advocate-General of the Region or State shall: (i.) be responsible to the President through the Chief Minister of the Region or State concerned; (ii.) be responsible to the relevant Advocate-General of the Union or the relevant Chief Minister of the Region or State.

Impeachment of the Advocate-General of the Region or State

267. If there is a need to impeach the Advocate-General of the Region or State, the same procedure for the impeachment of the Chief Minister or any Minister of the Region or State under Section 263 shall be applied.

Resignation, termination of office, filling vacancy of the Advocate-General of the Region or State

268. The Advocate-General of the Region or State is, subject to provisions of Sections 262 (n) and 264 prescribed for the relevant Chief Minister or the relevant Ministers of the Region or State concerning resignation, termination of office, filling the vacancy and deeming the person to have retired in case he is a Civil Services personnel.

269. Duties, powers and rights of the Advocate-General of the Region or State shall be prescribed by law.

Auditor-General of the Region or Auditor-General of the State

270. The Auditor-General of the Region or State shall be called the Auditor-General of the Region or Auditor-General of the State.

Appointment of the Auditor-General of the Region or the Auditor-General of the State

271. (a) The Chief Minister of the Region or State shall appoint a person from Hluttaw representatives or from those who are not Hluttaw representatives, who has the following qualifications, with the approval of the relevant Region or State Hluttaw as the Auditor-General of the Region or State so as to audit the Region or State budget and report it: (i.) person who has attained the age of 40 years; (ii.) person who has qualifications, with the exception of age limit, as the Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualifications does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) (aa.) person who has served as an auditor of the Region or State for at least five years not lower than that of the Region or State Level; or person who has served as an auditor at least 10 years not lower than that of the District Level; or (bb.) person who has served as a Registered Accountant or a Certified Public Accountant for at least 15 years; (v.) person who is loyal to the Union and its citizens. (b) The President shall appoint the person submitted by the relevant Chief Minister of the Region or State with the approval of the Hluttaw concerned as the Auditor-General of the Region or State. (c) The person nominated by the Chief Minister of the Region or State concerned to be appointed as the Auditor-General of the Region or State shall not be refused by the Region or State Hluttaw concerned unless it can clearly be proved that the person concerned is not qualified to be the Auditor-General of the Region or State. (d) The Chief Minister of the Region or State has the right to submit again the new list for the appointment of a person as the Auditor-General of the Region or State to the Region or State Hluttaw concerned instead of the one who has not been approved by the Region or State Hluttaw. (e) The Auditor-General of the Region or State shall: (i.) be responsible to the President through the Chief Minister of the Region or State concerned; (ii.) be responsible to the Auditor-General of the Union and to the Chief Minister of the Region or State concerned.

Impeachment of the Auditor-General of the Region or the Auditor-General of the State

272. If there is a need to impeach the Auditor-General of the Region or State, the same procedure for the impeachment of the Chief Minister or any Minister of the Region or State under Section 263 shall be applied.

Resignation, termination of office, filling the vacancy of the Auditor-General of the Region or the Auditor-General of the State

273. The Auditor-General of the Region or State is, subject to provisions of Section 264 prescribed for the Chief Minister or Ministers of the Region or State concerning resignation, termination of office, filling the vacancy and deeming as the person to have retired in case he is a Civil Services personnel.

274. Duties, powers and rights of the Auditor-General of the Region or State shall be prescribed by law.

Administrative Body of the Self-Administered Division or Self-Administered Zone

275. The Administrative Body of Self-Administered Division or Self-Administered Zone shall be called the leading body of the Self-Administered Division or leading body of the Self-Administered Zone.

Formation of Leading Bodies of the Self-Administered Division and the Self-Administered Zone

276. (a) Being Self-Administered Areas, the Self-Administered Division and the Self-Administered Zones are of equal status. (b) Leading Bodies of the Self-Administered Division and the Self-Administered Zone are formed respectively in each and every Self-Administered Division and the Self-Administered Zone. Such Leading Bodies exercise legislative power vested under the Schedule Three of the Constitution. (c) Leading Bodies of the Self-Administered Division or the Self-Administered Zone shall consist of at least 10 members. (d) Leading Bodies of the Self-Administered Division or the Self-Administered Zone shall be formed with the following persons: (i.) Region or State Hluttaw representatives elected from townships in the Self-Administered Division or Self-Administered Zone concerned; (ii.) the Defence Services personnel representatives nominated by the Commander-in-Chief of the Defence Services to assign duties relating to Security or Border Affairs; (iii.) Additional representatives selected by persons stated in Sub-Section (d) (i) and (ii). (e) Members of the Leading Bodies of the Self-Administered Division or the Self-Administered Zone stated in above Sub-Section (d)(i) and (ii) shall, after co-ordinating among themselves, select a suitable person as the Chairperson of the Self-Administered Division or the Self-Administered Zone from the Region or State Hluttaw representatives elected from the townships in the Self-Administered Division or the Self-Administered Zone. The name of the person so elected shall be submitted to the President through the Chief Minister of the Region or State concerned. (f) The President shall appoint the person who is nominated as the Chairperson of the Self-Administered Division or the Self-Administered Zone concerned. (g) The Chairperson of the Self-Administered Division or the Self-Administered Zone is the ex-officio Minister in the Region or State concerned. Except for the method of the appointment of the Minister of the Region or State, the other provisions of the Constitution shall be applied to the Chairperson of the Self-Administered Division or Self-Administered Zone. (h) The Chairperson of the Self-Administered Division or Self-Administered Zone and members of the Leading Body concerned shall: (i.) except the National races who have already obtained the Self-Administered Division or Self-Administered Zone concerned residing in the Self-Administered Division or Self-Administered Zone concerned, if they are National races that are deemed by the authority concerned to have a population of over 10,000, from the remaining National races, each representative of the said National races shall be elected and appointed as a member of the Leading Body. The elected member of the Leading Body shall have the prescribed qualifications of Hluttaw representatives of the Region or State under Section 169; (ii.) if the number of members of the Leading Body of the Self-Administered Division or Self-Administered Zone is less than 10 members, the required number of members from those residing in the Self-Administered Division or Self-Administered Zone concerned and who have qualifications prescribed for the Region or State Hluttaw representatives shall be elected and appointed to fill up 10 members as they desire. (i) The Commander-in-Chief of the Defence Services shall assign the duties to the one-fourth of the total number of members with the Defence Services personnel in the Leading Bodies of the Self-Administered Division or Self-Administered Zone, as necessary. (j) The Defence Services personnel, nominated in accord with the law by the Commander-in-Chief of the Defence Services, to be assigned as the members of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall have qualifications of the Region or State Hluttaw representatives. (k) (i.) The Chairperson of the Leading Bodies of the Self-Administered Division or Self-Administered Zone concerned shall declare the name of the members of the Leading Bodies of the Self-Administered Division or Self- Administered Zone. (ii.) The Chairperson of the Leading Bodies of the Self-Administered Division or Self- Administered Zone shall be responsible to the Region or State Chief Minister concerned, and to the President through the Chief Minister concerned. (iii.) Members of Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be responsible to their Chairperson. (iv.) The term of office, taking action, resignation, termination of duty and filling the vacancy of the Chairperson of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be prescribed by law. (l) Duties, powers and rights of the Chairperson and members of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be prescribed by law.

Executive Powers of the Leading Bodies of the Self-Administered Division or Self-Administered Zone

277. Subject to provisions of the Constitution, the Self- executive power of the Leading Bodies of the Self-Administered Division or Self-Administered Zone extend to the following matters: (a) on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to make law under Schedule Three; (b) on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to implement in accord with any law enacted by the Pyidaungsu Hluttaw; (c) on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to implement in accord with any law enacted by the Region or State Hluttaw concerned.

278. The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be responsible to assist the Union Government in preserving stability of the Union, community peace and tranquillity and prevalence of law and order.

279. The Leading Bodies of the Self-Administered Division or Self- Administered Zone shall: (a) subject to the policies of the Union Government draw work programmes for the development of their territory and shall co-ordinate with the Region or State Government concerned; (b) draw annual budgets and co-ordinate for approval with the Region or State Government concerned in accord with the provisions of the Constitutions; (c) have the right to expend the allotted fund included in the Budget Law of the Region or State Government concerned in accord with the rules; (d) have the right to expend within the permitted framework to the general expenditure included in the last-enacted Budget Law of the Region or State Hluttaw if the Region or State Hluttaw is unable to pass the Region or State Budget Bill submitted by the Region or State Government.

280. The Leading Bodies of the Self-Administered Division or Self-Administered Zone may, in accord with the law, supervise, co-operate and co-ordinate the functions of the Civil Services organizations which are performing the duties within their territory.

281. The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall submit reports of the general situations of their territory to the Union Government and the Region or State Government concerned.

282. The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall perform the functions which are occasionally assigned by the Union Government and the Region or State Government concerned.

Office of the Leading Bodies of the Self-Administered Division or Self-Administered Zone

283. The Head of General Administration Department of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall serve as the Secretary of the Leading Bodies of the Self-Administered Division or Self-Administered Zone. Moreover, the General Administration Department of the Self-Administered Division or Self-Administered Zone is also the Office of the Leading Bodies of the Self-Administered Division or Self-Administered Zone.

Administration of Nay Pyi Taw , the Union Territory

284. (a) Nay Pyi Taw which is the Union Territory, shall consist of all districts and townships that are Nay Pyi Taw development territory, on the day the Constitution come into operation. (b) The President may change, if necessary, the demarcation of districts and townships in Nay Pyi Taw which is the Union Territory.

Formation of the Nay Pyi Taw Council

285. (a) The Chairperson and members of the Nay Pyi Taw Council shall have the following qualifications: (i.) person who has attained the age of 35 years ; (ii.) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120; (iii.) persons whose qualifications does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives; (iv.) who have other qualifications prescribed by the President. (b) The President: (i.) shall form a Nay Pyi Taw Council; (ii.) shall appoint persons who have the prescribed qualifications as Chairperson and members of Nay Pyi Taw Council; (iii.) shall obtain the nomination of suitable Defence Services personnel who have prescribed qualifications for appointment as Council member or members from the Commander-in-Chief of the Defence Services for co-ordination of Security matters of Nay Pyi Taw which is the Union Territory; (iv.) may prescribe the number of members, including the Chairperson, to serve in Nay Pyi Taw Council in accord with the law as necessary. (c) The Chairperson of the Nay Pyi Taw Council shall be responsible to the President and the members shall be responsible to the Chairperson of the Nay Pyi Taw Council and the President through the Chairperson of the Nay Pyi Taw Council. (d) If the Chairperson or a member of the Nay Pyi Taw Council is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as Chairperson or a member of the Nay Pyi Taw Council. (e) If the Chairperson or a member of the Nay Pyi Taw Council is a Civil Services personnel, it shall be deemed that he has retired according to the existing Civil Services rules and regulations from the day he is appointed as the Chairperson or a member of the Nay Pyi Taw Council. (f) The Defence Services personnel who are appointed as a member or members of the Nay Pyi Taw Council, to co-ordinate Security Affairs, are not required to retire or resign from the Defence Services. (g) If the Chairperson or a member of the Nay Pyi Taw Council is a member of any political party, he shall not take part in its party activities during the term from the day he is appointed as the Chairperson or a member of the Nay Pyi Taw Council. Resignation, termination of office, filling the vacancy of the Chairperson and members of the Nay Pyi Taw Council

Resignation, termination of office, filling the vacancy of the Chairperson and members of the Nay Pyi Taw Council

286. (a) (i.) The term of the Chairperson and members of the Nay Pyi Taw Council is the same as that of the President. (ii.) The Chairperson and any member of the Nay Pyi Taw Council may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President. (iii.) The President may: (aa.) direct the Chairperson and any member of the Nay Pyi Taw Council to resign if he cannot discharge his duties efficiently. If he fails to comply, he shall be terminated from his office; (bb.) co-ordinate with the Commander-in-Chief of the Defence Services concerning with the Defence Services personnel who is the member of the Nay Pyi Taw Council and has to resign or be terminated from office. (iv.) If the office of the Chairperson or member of the Nay Pyi Taw Council becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Chairperson or member of the Nay Pyi Taw Council in accord with the provisions of the Constitution. The term of the newly appointed Chairperson or member of the Nay Pyi Taw Council shall be the same as that of the remaining term of the President . (b) The formation of Nay Pyi Taw Council, duties, powers and rights of the Chairperson and members of Nay Pyi Taw Council shall be prescribed by law.

Office of Nay Pyi Taw Council

287. The Head of General Administration Department of Nay Pyi Taw is ex-officio the secretary of the Nay Pyi Taw Council. General Administration Department of Nay Pyi Taw is the office of the Nay Pyi Taw Council.

Administration of district and township

288. Administration of district and township level shall be assigned to the Civil Services personnel.

Administration of ward and village-tract

289. Administration of ward or village-tract shall be assigned in accord with the law to a person whose integrity is respected by the community.

Civil Services Personnel

290. Matters relating to the appointment, promotion, retirement, enforcement of rules and regulations and taking action on the Civil services personnel shall be exercised in accord with the law.

291. With respect to the Defence Services personnel who are also Civil Services personnel whose nature of work, is of special significant, they shall be given by the relevant Military laws.

292. With respect to members of Myanmar Police Force who are also Civil Services personnel whose nature of work, is of special significant, they shall be given by the specified law which shall be enacted.

Chapter VI: Judiciary

Formation of Courts

293. Courts of the Union are formed as follows: (a) Supreme Court of the Union, High Courts of the Region, High Courts of the State, Courts of the Self-Administered Division, Courts of the Self-Administered Zone, District Courts, Township Courts and the other Courts constituted by law; (b) Courts-Martial; (c) Constitutional Tribunal of the Union.

Supreme Court of the Union:

Constitution of the Supreme Court of the Union

294. In the Union, there shall be a Supreme Court of the Union. Without affecting the powers of the Constitutional Tribunal and the Courts-Martial, the Supreme Court of the Union is the highest Court of the Union.

Original Jurisdiction of the Supreme Court of the Union

295. (a) Only the Supreme Court of the Union has the following original jurisdiction: (i.) in matters arising out of bilateral treaties concluded by the Union; (ii.) in other disputes, except the Constitutional problems, between the Union Government and the Region or State Governments; (iii.) in other disputes, except the Constitutional problems, among the Regions, among the States, between the Region and the State and between the Union Territory and the Region or the State; (iv.) other matters as prescribed by any law. (b) As the Supreme Court of the Union is the highest court of the Union, it is the court of final appeal. (c) The judgments of the Supreme Court of the Union are final and conclusive and have no right of appeal. (d) The Supreme Court of the Union, subject to any provision of the Constitution or any provision of other law, has the appellate jurisdiction to decide judgments passed by the High Courts of the Regions or the States. Moreover, the Supreme Court of the Union also has the appellate jurisdiction to decide judgments passed by the other courts in accord with the law. (e) The Supreme Court of the Union has the revisional jurisdiction in accord with the law.

296. The Supreme Court of the Union: (a) has the power to issue the following writs: (i.) Writ of Habeas Corpus; (ii.) Writ of Mandamus; (iii.) Writ of Prohibition; (iv.) Writ of Quo Warranto; (v.) Writ of Certiorari. (b) The applications to issue writs shall be suspended in the areas where the state of emergency is declared.

Judiciary Budget

297. The Supreme Court of the Union shall submit judiciary budget to the Union Government in order to include and present in the Annual Budget Bill of the Union in accord with the provisions of the Constitution.

Submission of the Judiciary Situation

298. The Chief Justice of the Union may submit important judiciary situation concerning the Union or the public, either to the session of the Pyidaungsu Hluttaw or the Pyithu Hluttaw or the Amyotha Hluttaw from time to time.

Appointment of the Chief Justice of the Union and the Judges of the Supreme Court of the Union

299. (a) The Head of the Supreme Court of the Union shall be called the Chief Justice of the Union. (b) Judges of the Supreme Court of the Union including the Chief Justice of the Union may be appointed in the Supreme Court from a minimum of seven and a maximum of 11 in number. (c) (i.) The President shall submit the nomination of the person suitable to be appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw and seek its approval. (ii.) The Pyidaungsu Hluttaw shall have no right to refuse the person nominated by the President for the appointment of Chief Justice of the Union and Judges of the Supreme Court of the Union unless it can clearly be proved that the persons do not meet the qualifications for the post prescribed in Section 301. (iii.) The President has the right to submit again the list furnished with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Chief Justice of the Union. (iv.) The President shall appoint the person who has been approved by the Pyidaungsu Hluttaw as the Chief Justice of the Union. (d) (i.) The President, in co-ordination with the Chief Justice of the Union, shall submit the nomination of the persons suitable to be appointed as the Judges of the Supreme Court of the Union to the Pyidaungsu Hluttaw and seek its approval. (ii.) The Pyidaungsu Hluttaw has no right to refuse the persons nominated by the President for the appointment of the Chief Justice of the Union and Judges of the Supreme Court of the Union unless it can clearly be proved the persons concerned do not possess the qualifications prescribed for Judges of Supreme Court of the Union. in Section 301. (iii.) The President has the right to submit again the list furnished with a new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of a Judge of the Supreme Court of the Union. (iv.) The President shall appoint the persons approved by Pyidaungsu Hluttaw as Judges of the Supreme Court of the Union.

300. (a) The Chief Justice of the Union or Judges of the Supreme Court of the Union must be free from party politics. (b) The Chief Justice of the Union or Judges of the Supreme Court of the Union, if they are Civil Services personnel, shall be deemed to have retired in accord with the existing Civil Services Regulations commencing from the day of the appointment as the Chief Justice of the Union or Judge of the Supreme Court of the Union.

Qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union

301. The Chief Justice of the Union and Judges of the Supreme Court of the Union shall be a person of following qualifications : (a) not younger than 50 years and not older than 70 years; (b) who has qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives; (c) whose qualifications does not breach the provisions under the Section 121 which disqualify him from standing for election as Pyithu Hluttaw representatives; (d) (i.) who has served as a Judge of the High Court of the Region or State for at least five years; or (ii.) who has served as a Judicial Officer or a Law Officer at least 10 years not lower than that of the Region or State level; or (iii.) who has practised as an Advocate for at least 20 years; or (iv.) who is, in the opinion of the President, an eminent jurist; (e) loyal to the Union and its citizens; (f) who is not a member of a political party; (g) who is not a Hluttaw representative.

Impeachment of the Chief Justice of the Union and Judges of the Supreme Court of the Union

302. (a) The President or the representatives of the Pyithu Hluttaw or Amyotha Hluttaw may impeach the Chief Justice of the Union or any Judge of the Supreme Court of the Union for any of the following reasons : (i.) high treason; (ii.) breach of any provision of the Constitution; (iii.) misconduct; (iv.) disqualifications of the qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union prescribed under Section 310; (v.) inefficient discharge of duties assigned by law. (b) If the President wishes to impeach: (i.) he shall submit the charge to the Speaker of the Pyidaungsu Hluttaw; (ii.) the Speaker of the Pyidaungsu Hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law; (iii.) in forming the investigation body, an equal number of representatives of the Pyithu Hluttaw and Amyotha Hluttaw shall be included and any suitable member of the body be assigned as the Chairperson of such body; (iv.) the time for the completion of the investigation shall be determined on the volume of work; (v.) the President may, himself in person or through a representative, explain and present the charge before the investigation body and has also the right to submit evidence and witnesses; (vi.) when the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative; (vii.) the Speaker of the Pyidaungsu Hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, present it to the Pyidaungsu Hluttaw; (viii.) the Speaker of the Pyidaungsu Hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the Chief Justice of the Union or a Judge of the Supreme Court of the Union by the two-thirds of the total number of the Pyidaungsu Hluttaw representatives, present and report the said resolution to the President; (ix.) on presentation of the report, the President shall, proceed to remove the Chief Justice of the Union or the Judge of the Supreme Court of the Union who has been impeached from office; (x.) if the Pyidaungsu Hluttaw resolves that the charges has failed, the Speaker of the Pyidaungsu Hluttaw shall present and report the said resolution to the President; (c) If the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw wish to impeach: (i.) the provisions for the impeachment of the President or the Vice-President under Section 71 shall be applied; (ii.) the President shall, if the Hluttaw which made the investigation resolves and reports that the charge made upon the Chief Justice of the Union or any Judge of the Supreme Court of the Union has been substantiated and the person being charged is unfit to continue to serve as the Chief Justice of the Union or Judge of the Supreme Court of the Union, proceed to remove the Chief Justice of the Union or the Judge of the Supreme Court of the Union who has been impeached from office; (iii.) if the Hluttaw which made the investigation resolves that the charge has been failed, the Chairperson of the Hluttaw concerned shall present and report the resolution to the President.

Term of the Chief Justice of the Union and Judges of the Supreme Court of the Union

303. The Chief Justice of the Union and Judges of the Supreme Court of the Union shall hold office up to the age of 70 years unless one of the following occurs : (a) resignation on his own volition; (b) being impeached in accord with the provisions under the Constitution and removed from office; (c) being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law; (d) death.

304. Duties, powers and rights of the Chief Justice of the Union and Judges of the Supreme Court of the Union shall be prescribed by law.

High Courts of the Region or High Courts of the State:

Formation of High Courts of the Region or High Courts of the State

305. There is the High Court of the Region in the Region and the High Court of the State in the State.

Jurisdictions of High Courts of the Region or High Courts of the State

306. High Courts of the Region or State shall have the following jurisdictions in accord with the law: (a) adjudicating on original case; (b) adjudicating on appeal case; (c) adjudicating on revision case; (d) adjudicating on matters prescribed by any law.

307. (a) For the purpose of judicial administration, the High Court of Mandalay Region is the High Court of the Courts situated in Nay Pyi Taw. (b) For the purpose of judicial administration, where any area located in the Region or State is designated as a Union Territory, the High Court of the Region or State concerned is the High Court of the Courts situated in the said Union Territory. Appointment of the Chief Justice and Judges of the High Court of the Region or the High Court of the State

Appointment of the Chief Justice and Judges of the High Court of the Region or the High Court of the State

308. (a) (i.) The Head of the High Court of the Region or the High Court of the State shall be called the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State. (ii.) In the High Court of the Region or the High Court of the State, judges of the High Court of the Region or Judges of the High Court of the State including the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State may be appointed from a minimum of three and a maximum of seven in number. (b) (i.) The President, in co-ordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, shall prepare the nomination for the appointment of the Chief Justice of the High Court of the Region or State concerned and the Chief Minister of the Region or State concerned, in co-ordination with the Chief Justice of the Union, shall prepare the nomination for the appointment of the Judges of the High Court of the Region or State concerned, and the said nomination shall be sent to the Region or State Hluttaw concerned. (ii.) The Region or State Hluttaw concerned shall have no right to refuse the person or persons nominated by the President, in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, for the appointment of the Chief Justice of the High Court of the Region or State concerned, or the person or persons nominated by the Chief Minister of the Region or State concerned, in co-ordination with the Chief Justice of the Union, for the appointment of Judges of the High Court of the Region or State concerned unless it can clearly be proved that the person does not meet the qualifications prescribed under Section 310 for the Chief Justice of the High Court of the Region or State and the Judge of the High Court of the Region or State. (iii.) There is the right to resubmit a new nomination list as prescribed in place of the persons who are refused under Sub-Section (ii). (iv.) The President shall appoint persons approved by the Region or State Hluttaw as the Chief Justice of the High Court of the Region or State concerned and Judges of the High Court of the Region or State concerned.

309. (a) The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State must be free from party politics. (b) The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State, if they are civil service personnel, shall be deemed to have retired from the civil service in accord with the existing Civil Service Regulations commencing from the day they have been appointed as the Chief Justice of the High Court of the Region or State and the Judge of the High Court of the Region or State. Qualification of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

Qualification of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

310. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State shall be a person of the following qualifications : (a) not younger than 45 years and not older than 65 years of age; (b) who has the qualifications, with the exception of the age limit, prescribed under Section 120 for the Pyithu Hluttaw representatives; (c) whose qualifications does not breach the provisions under Section 121 which disqualify him from standing for election as Pyithu Hluttaw representatives; (d) (i.) who has served as a Judicial Officer or Law Officer at least five years not lower than that of the Region or State level or as a Judicial Officer or Law Officer at least 10 years not lower than that of the District level for; or (ii.) who has practised as an Advocate for at least 15 years; or (iii.) who is, in the opinion of the President, an eminent jurist. (e) loyal to the Union and its citizens; (f) who is not a member of a political party; (g) who is not a Hluttaw representative.

Impeachment of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

311. (a) The Chief Justice of the High Court of the Region or State or Judges of the High Court of the Region or State may be impeached on any of the following reasons : (i.) high treason; (ii.) breach of any provision of the Constitution; (iii.) misconduct; (iv.) disqualification of the qualification of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State prescribed under Section 310; (v.) inefficient discharge of duties assigned by law. (b) If the President wishes to impeach the Chief Justice of the High Court of the Region or State or the Chief Minister of the Region or State wishes to impeach any of the Judges of the High Court of the Region or State concerned, he shall submit the charge to the Speaker of the Region or State Hluttaw. (c) If the representatives of the Region or State Hluttaw wish to impeach the Chief Justice of the High Court of the Region or State concerned or the Judge of the High Court of the Region or State concerned, the charge signed by not less than one-fourth of the total number of representatives of the Region or State Hluttaw concerned shall be submitted to the Speaker of the Region or State Hluttaw concerned. (d) The Speaker of the Region or State Hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law. The time for the completion of the investigation shall be determined on the volume of work. (e) (i.) If the President or the Chief Minister of the Region or the Chief Minister of the State wishes to carry out the impeachment, an investigation body shall be formed with the representatives of the Region or State Hluttaw concerned and a suitable person from among the members of the investigation body shall be assigned as the Chairperson. (ii.) The President or the Chief Minister of the Region or State concerned may, himself in person or through a representative, explain the charge before the investigation body and has also the right to submit relevant evidences and witnesses. (f) When the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative. (g) The Speaker of the Region or State Hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, report it to the Region or State Hluttaw. (h) The Speaker of the Region or State Hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the Chief Justice of the High Court of the Region or State or a Judge of the High Court of the Region or State by two-thirds of the total number of the representatives of the Region or State Hluttaw, if it is the case concerning the Chief Justice of the High Court of the Region or State, the said resolution is submitted to the President and if it is the case concerning a Judge of the High Court of the Region or State, the said resolution is submitted to the Chief Minister of the Region or State concerned. The Chief Minister of the Region of the State shall, on receiving the said resolution, submit it to the President. (i) On receiving the report, the President shall, proceed to remove the Chief Justice of the High Court of the Region or State or the Judge of the High Court of the Region or State who has been impeached from office. (j) If the Region or State Hluttaw concerned resolves that the charge has failed, the Speaker of the Region or State Hluttaw shall, if it is the case concerning the Chief Justice of the High Court of the Region or State, such resolution is submitted to the President and if it is the case concerning the Judge of the High Court of the Region or State, such resolution is submitted to the Chief Minister of the Region or State concerned.

Term of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or High Court of the State

312. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State shall hold office up to the age of 65 years unless any of the following occurs : (a) resignation on his own volition; (b) being impeached in accord with the provisions under the Constitution and removed from office; (c) being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law; (d) death.

313. Duties, powers and rights of the Chief Justice of the High Court of the Region or State and the Judges of the High Court of the Region or State shall be prescribed by law.

Courts under the Supervision of the High Court of the Region or the High Court of the State

314. The following levels of Courts are under the supervision of the High Court of the Region or State: (a) if there is no Self-Administered Areas in the Region or State: (i.) District Courts; (ii.) Township Courts. (b) if there is Self-Administered Areas in the Region or State: (i.) In the Self-Administered Division: (aa.) Court of the Self-Administered Division; (bb.) Township Courts. (ii.) In the Self-Administered Zone: (aa.) Court of the Self-Administered Zone; (bb.) Township Courts. (iii.) In the remaining areas: (aa.) District Courts; (bb.) Township Courts. (c) In the Union Territory : (i.) District Courts; (ii.) Township Courts. (d) Other Courts constituted by law.

Jurisdiction of the District Courts and Township Courts

315. District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases, appeal cases, revision cases or matters prescribed by any law.

316. Township Courts, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases or matters prescribed by any law.

317. The Judges appointed in accord with the law at the Courts formed by the Constitution or any other law shall administer all judicial affairs in the entire Union.

318. (a) Appointment of Judges at various levels of Courts under the supervision of the High Court of the Region or State, conferring judicial powers, prescribing the duties, powers and rights shall be in accord with the law. (b) Formation of staff organizations, comprising of officers and other ranks at the Supreme Court of the Union, the High Courts of the Region or State and other Courts, and prescribing duties, powers and rights shall be in accord with the law.

Courts-Martial

319. According to Sub-Section (b) of Section 293, the Courts-Martial shall be constituted in accord with the Constitution and the other law and shall adjudicate Defence Services personnel.

The Constitutional Tribunal of the Union:

Formation of the Constitutional Tribunal of the Union

320. The Constitutional Tribunal of the Union shall be formed with nine members including the Chairperson.

321. The President shall submit the candidature list of total nine persons, three members chosen by him, three members chosen by the Speaker of the Pyithu Hluttaw and three members chosen by the Speaker of the Amyotha Hluttaw, and one member from among nine members to be assigned as the Chairperson of the Constitutional Tribunal of the Union, to the Pyidaungsu Hluttaw for its approval.

Functions and Duties of the Constitutional Tribunal of the Union

322. The functions and the duties of the Constitutional Tribunal of the Union are as follows: (a) interpreting the provisions under the Constitution; (b) vetting whether the laws promulgated by the Pyidaungsu Hluttaw, the Region Hluttaw, the State Hluttaw or the Self-Administered Division Leading Body and the Self-Administered Zone Leading Body are in conformity with the Constitution or not; (c) vetting whether the measures of the executive authorities of the Union, the Regions, the States, and the Self-Administered Areas are in conformity with the Constitution or not; (d) deciding Constitutional disputes between the Union and a Region, between the Union and a State, between a Region and a State, among the Regions, among the States, between a Region or a State and a Self-Administered Area and among the Self-Administered Areas; (e) deciding disputes arising out of the rights and duties of the Union and a Region, a State or a Self-Administered Area in implementing the Union Law by a Region, State or Self-Administered Area; (f) vetting and deciding matters intimated by the President relating to the Union Territory; (g) functions and duties conferred by laws enacted by the Pyidaungsu Hluttaw.

Effect of the Resolution of the Constitutional Tribunal of the Union

323. In hearing a case by a Court, if there arises a dispute whether the provisions contained in any law contradict or conform to the Constitution, and if no resolution has been made by the Constitutional Tribunal of the Union on the said dispute, the said Court shall stay the trial and submit its opinion to the Constitutional Tribunal of the Union in accord with the prescribed procedures and shall obtain a resolution. In respect of the said dispute, the resolution of the Constitutional Tribunal of the Union shall be applied to all cases.

324. The resolution of the Constitutional Tribunal of the Union shall be final and conclusive.

Submission to obtain the interpretation, resolution and opinion of the Constitutional Tribunal of the Union

325. The following persons and organizations shall have the right to submit matters directly to obtain the interpretation, resolution and opinion of the Constitutional Tribunal of the Union : (a) the President; (b) the Speaker of the Pyidaungsu Hluttaw; (c) the Speaker of the Pyithu Hluttaw; (d) the Speaker of the Amyotha Hluttaw; (e) the Chief Justice of the Union; (f) the Chairperson of the Union Election Commission.

326. The following persons and organizations shall have the right to submit matters to obtain the interpretation, resolution and opinion of the Constitutional Tribunal of the Union in accord with the prescribed procedures : (a) the Chief Minister of the Region or State; (b) the Speaker of the Region or State Hluttaw; (c) the Chairperson of the Self-Administered Division Leading Body or the Self-Administered Zone Leading Body; (d) Representatives numbering at least ten percent of all the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw.

Appointment of the Chairperson and members of the Constitutional Tribunal of the Union

327. The President shall appoint the Chairperson and members of the Constitutional Tribunal of the Union approved by the Pyidaungsu Hluttaw.

328. The Pyidaungsu Hluttaw shall have no right to refuse the persons nominated for members of the Constitutional Tribunal of the Union by the President unless it can clearly be proved that they are disqualified.

329. The President has the right to submit again, in accord with the provisions of the Constitution, the new nomination list to replace the person who has not been approved by the Pyidaungsu Hluttaw for appointment as member of the Constitutional Tribunal of the Union.

330. A member of the Constitutional Tribunal of the Union shall: (a) if he is a representative of any Hluttaw, be deemed to have resigned as representative of the Hluttaw commencing from the day he has been appointed as a member of the Constitutional Tribunal of the Union; (b) if he is a Civil Services personnel, be deemed to have retired from the Civil Services in accord with the existing Civil Services Regulations commencing from the day he has been appointed as a member of the Constitutional Tribunal of the Union; (c) if he is a member of any political party, he shall not take part in its party activities during his term, commencing from the day he has been appointed a member of the Constitutional Tribunal of the Union.

331. If a member of the Constitutional Tribunal of the Union wishes to resign on his own volition from office before the expiry of his term due to any reason, he may do so, after submitting his resignation in writing to the President.

332. If the position of a member of the Constitutional Tribunal of the Union is vacant for any reason, the President may appoint a new member of the Constitutional Tribunal of the Union in accord with the provisions under the Constitution.

Qualifications of the Member of the Constitutional Tribunal of the Union

333. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select from among the Hluttaw representatives or among those who are not Hluttaw representatives with three members each who has the following qualifications : (a) person who has attained the age of 50 years; (b) person who has qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives; (c) person whose qualification does not breach the provisions under Section 121 which disqualify a person standing for election as Pyithu Hluttaw representatives; (d) (i.) person who has served as a Judge of the High Court of the Region or State for at least five years; or (ii.) person who has served as a Judicial Officer or a Law Officer at least 10 years not lower than that of the Region or State level for; or (iii.) person who has practised as an Advocate for at least 20 years; or (iv.) person who is, in the opinion of the President, an eminent jurist. (e) person who is not a member of a political party; (f) person who is not a Hluttaw representative; (g) person who has political, administrative, economic and security outlook; (h) person loyal to the Union and its citizens.

Impeachment of the Chairperson and the Members of the Constitutional Tribunal of the Union

334. (a) The Chairperson and members of the Constitutional Tribunal of the Union may be impeached on any of the following reasons: (i.) high treason; (ii.) breach of any of the provisions under the Constitution; (iii.) misconduct; (iv.) disqualification of the qualifications of member of the Constitutional Tribunal of the Union prescribed under Section 333; (v.) inefficient discharge of duties assigned by law. (b) If the Chairperson or any member of the Constitutional Tribunal of the Union is to be impeached, it shall be done so in accord with the impeachment provisions as prescribed under Section 302 of the Chief Justice of the Union or a Judge of the Supreme Court of the Union. Term of the Constitutional Tribunal of the Union

Term of the Constitutional Tribunal of the Union

335. The term of the Constitutional Tribunal of the Union is the same as that of the Pyidaungsu Hluttaw being five years. However, the ongoing Constitution Tribunal of the Union, on expiry of its term, shall continue its functions till the President forms a new Tribunal under the Constitution.

336. The formation and communication of the Constitutional Tribunal of the Union, duties, powers and rights of the Chairperson and members of the Tribunal shall be prescribed by law.

Chapter VII: Defence Services

337. The main armed force for the Defence of the Union is the Defence Services.

338. All the armed forces in the Union shall be under the command of the Defence Services.

339. The Defence Services shall lead in safeguarding the Union against all internal and external dangers.

340. With the approval of the National Defence and Security Council, the Defence Services has the authority to administer the participation of the entire people in the Security and Defence of the Union. The strategy of the people's militia shall be carried out under the leadership of the Defence Services.

341. The Defence Services shall render assistance when calamities that affects the Union and its citizens occur in the Union.

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

343. In the adjudication of Military justice: (a) the Defence Services personnel may be administered in accord with law collectively or singly; (b) the decision of the Commander-in-Chief of the Defence Services is final and conclusive.

344. A law shall be enacted to provide assistance and care for disabled Defence Services personnel and the families of deceased or fallen Defence Services personnel.

Chapter VIII: Citizen, Fundamental Rights and Duties of the Citizens

345. All persons who have either one of the following qualifications are citizens of the Republic of the Union of Myanmar: (a) person born of parents both of whom are nationals of the Republic of the Union of Myanmar; (b) person who is already a citizen according to law on the day this Constitution comes into operation.

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

347. The Union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection.

348. The Union shall not discriminate any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, official position, status, culture, sex and wealth.

349. Citizens shall enjoy equal opportunity in carrying out the following functions: (a) public employment; (b) occupation; (c) trade; (d) business; (e) technical know-how and vocation; (f) exploration of art, science and technology.

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

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

352. The Union shall, upon specified qualifications being fulfilled, in appointing or assigning duties to civil service personnel, not discriminate for or against any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, and sex. However, nothing in this Section shall prevent appointment of men to the positions that are suitable for men only.

353. Nothing shall, except in accord with existing laws, be detrimental to the life and personal freedom of any person.

354. Every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquillity or public order and morality: (a) to express and publish freely their convictions and opinions; (b) to assemble peacefully without arms and holding procession; (c) to form associations and organizations; (d) to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another or among national races and to other faiths.

355. Every citizen shall have the right to settle and reside in any place within the Republic of the Union of Myanmar according to law.

356. The Union shall protect according to law movable and immovable properties of every citizen that are lawfully acquired.

357. The Union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this Constitution.

358. The Union prohibits the enslaving and trafficking in persons.

359. The Union prohibits forced labor except hard labor as a punishment for crime duly convicted and duties assigned by the Union in accord with the law in the interest of the public.

360. (a) The freedom of religious right given in Section 34 shall not include any economic, financial, political or other secular activities that may be associated with religious practice. (b) The freedom of religious practice so guaranteed shall not debar the Union from enacting law for the purpose of public welfare and reform.

361. The Union recognizes special position of Buddhism as the faith professed by the great majority of the citizens of the Union.

362. The Union also recognizes Christianity, Islam, Hinduism and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.

363. The Union may assist and protect the religions it recognizes to its utmost.

364. The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.

365. Every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they cherish. In the process, they shall avoid any act detrimental to national solidarity. Moreover, any particular action which might adversely affect the interests of one or several other national races shall be taken only after coordinating with and obtaining the settlement of those affected.

366. Every citizen, in accord with the educational policy laid down by the Union: (a) has the right to education; (b) shall be given basic education which the Union prescribes by law as compulsory; (c) have the right to conduct scientific research explore science, work with creativity and write to develop the arts and conduct research freely other branches of culture.

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

368. The Union shall honour and assist citizens who are outstanding in education irrespective of race, religion and sex according to their qualifications.

369. (a) Subject to this Constitution and relevant laws, every citizen has the right to elect and right to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw. (b) Relevant electorate has the right to recall a Hluttaw representative in accord with the law.

370. Every citizen has, in accord with the law, the right to conduct business freely in the Union, for national economic development.

371. The Union may assist the access to technology, investment, machinery, raw material, so forth, for national economic development.

372. The Union guarantees the right to ownership, the use of property and the right to private invention and patent in the conducting of business if it is not contrary to the provisions of this Constitution and the existing laws.

373. Any person who committed a crime, shall be convicted only in accord with the relevant law then in operation. Moreover, he shall not be penalized to a penalty greater than that is applicable under that law.

374. Any person convicted or acquitted by a competent court for an offence shall not be retried unless a superior court annuls the judgment and orders the retrial.

375. An accused shall have the right of defence in accord with the law.

376. No person shall, except matters on precautionary measures taken for the security of the Union or prevalence of law and order, peace and tranquillity in accord with the law in the interest of the public, or the matters permitted according to an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate.

377. In order to obtain a right given by this Chapter, application shall be made in accord with the stipulations, to the Supreme Court of the Union.

378. (a) In connection with the filing of application for rights granted under this Chapter, the Supreme Court of the Union shall have the power to issue the following writs as suitable: (1) Writ of Habeas Corpus; (2) Writ of Mandamus; (3) Writ of Prohibition; (4) Writ of Quo Warranto; (5) Writ of Certiorari. (b) The right to issue writs by the Supreme Court of the Union shall not affect the power of other courts to issue order that has the nature of writs according to the existing laws.

379. At the time of the occurrence the following situation, the rights under Section 377 shall not be suspended unless the public safety may so require : (a) in time of war; (b) in time of foreign invasion; (c) in time of insurrection.

380. Every citizen who has relations with foreign countries shall have the right to seek protection of the Union at home or abroad.

381. Except in the following situations and time, no citizen shall be denied redress by due process of law for grievances entitled under law: (a) in time of foreign invasion; (b) in time of insurrection; (c) in time of emergency.

382. In order to carry out their duties fully and to maintain the discipline by the Defence Forces personnel or members of the armed forces responsible to carry out peace and security, the rights given in this Chapter shall be restricted or revoked through enactment to law.

383. Every citizen has the duty to uphold: (a) non-disintegration of the Union; (b) non-disintegration of national solidarity; (c) perpetuation of sovereignty.

384. Every citizen has duty to abide by the provisions of this Constitution.

385. Every citizen has the duty to safeguard independence, sovereignty and territorial integrity of the Republic of the Union of Myanmar.

386. Every citizen has the duty to undergo military training in accord with the provisions of the law and to serve in the Armed Forces to defend the Union.

387. Every citizen, with the Union Spirit, has the duty to enhance unity among national races and to ensure public peace and stability.

388. Every citizen has the duty for the emergence of a modern developed Nation.

389. Every citizen has the duty to pay taxes to be levied according to the law.

390. Every citizen has the duty to assist the Union in carrying out the following matters: (a) preservation and safeguarding of cultural heritage; (b) environmental conservation; (c) striving for development of human resources; (d) protection and preservation of public property.

Chapter IX: Election

Election of People’s Representatives to the Hluttaws

391. In electing people's representatives to the Hluttaws: (a) every citizen who has attained 18 years of age on the day on which the election commences, who is not disqualified by law, who is eligible to vote, and person who has the right to vote under the law, shall have the right to vote; (b) every citizen who is eligible to vote and person who has the right to vote under the law shall cast a vote only for each Hluttaw at a constituency in an election; (c) Moreover, the relevant national races having right to vote in accord with the provisions contained in this Constitution have also the right to vote to elect Hluttaw representatives of national races for their Region or State Hluttaw; (d) secret balloting system shall be practised.

392. The following persons shall have no right to vote : (a) members of religious orders; (b) persons serving prison terms; (c) persons determined to be of unsound mind and stands so declared by a competent Court; (d) persons who have not yet been declared free from insolvent; (e) persons disqualified by election law.

393. A Hluttaw candidate has, in an election: (a) the right to be elected to one Hluttaw only; (b) the right to stand for one constituency only.

394. (a) The electorate residing in the Union Territory or Union Territories designated by enactment of Pyidaungsu Hluttaw law have the right to elect the Pyithu Hluttaw and Amyotha Hluttaw representatives only. (b) A Region or State Hluttaw representative elected from a territory designated as a Union Territory through enactment of a Pyidaungsu Hluttaw law, save as otherwise provided by the law, shall not continue to stand as a representative of the said Hluttaw.

395. Every citizen who is not disqualified by the provisions under this Constitution or the provisions of the election law shall have the right to stand for election to any Hluttaw.

Recalling a representative of the Hluttaw

396. (a) A representative of the Hluttaw may be recalled on any of the following reasons: (1) high treason; (2) breach of any provision of this Constitution; (3) misbehavior; (4) disqualification prescribed in this Constitution for the Hluttaw representative; (5) inefficient discharge of duties assigned to. (b) A minimum of one percent out of the original voters of the electorate of the constituency concerned shall submit the complaint to the Union Election Commission against the Hluttaw representative on whom it wishes to recall. (c) The Union Election Commission shall conduct the investigation in accord with the law. (d) In conducting the investigation on an allegation made to a Hluttaw representative, he has a right to defend himself in person or through an agent. (e) If the Union Election Commission considers that the allegation is true and that the alleged person should not continue to serve as a Hluttaw representative any longer, the Union Election Commission shall proceed in accord with the law.

397. The Pyidaungsu Hluttaw shall enact the necessary laws on matters relating to 'Election' and on matters relating to 'Recall'

Formation of the Union Election Commission

398. (a) The President shall constitute a Union Election Commission. In constituting the Commission, he may appoint a minimum of five members including the chairman of the Union Election Commission in accord with the provisions on appointment of the Union Minister prescribed in this Constitution. (b) The chairman and members of the Union Election Commission shall be persons who: (1) have attained 50 years of age; (2) with the exception of the age limit, shall have the qualifications prescribed for the Pyithu Hluttaw representatives; (3) (aa.) have served in the position of the Chief Justice of the Union or Judge of the Supreme Court of the Union or Judge of the High Court of the Region or State or a similar position for a minimum of five years; or (bb.) have served in the position of the judicial officer or the law officer not lower than the rank of the Region or State level for a period of 10 years; or (cc.) have served as a practising lawyer for a minimum of 20 years as an Advocate; or (dd.) shall be deemed by the President to be an eminent person. (4) shall have integrity and experience; (5) shall be not relevant with the provisions for disqualification of election as the Pyithu Hluttaw representative; (6) shall be loyal to the State and its citizens; (7) shall not be a member of a political party; (8) shall not be a Hluttaw representative; (9) shall not be a person who accepts the position that entitles salary, allowance or money.

Duties of the Union Election Commission

399. The duties of the Union Election Commission are as follows: (a) holding Hluttaw elections; (b) supervising Hluttaw elections; forming different levels of sub-commissions and supervising thereof; (c) designating and amending the constituencies; (d) compiling lists of voters and amending thereof; (e) postponing elections of the constituencies where free and fair election cannot be held due to natural disaster or due to local security situation; (f) prescribing rules relating to elections or political parties in accord with the provisions of this Constitution, and procedures, directives, so forth, in accord with the relevant laws; (g) constituting the election tribunals for trial of disputes relating to election in accord with the law; (h) performing duties assigned under a law.

Impeachment of the Chairman or the members of the Union Election Commission

400. (a) The President may impeach the Chairman or the members of the Union Election Commission for one of the following reasons: (1) high treason; (2) breach of any provision of this Constitution; (3) misconduct; (4) disqualification on conditions prescribed for the representative concerned prescribe in this Constitution; (5) inefficient discharge of duties assigned to. (b) Impeachment shall be conducted in accord with the procedure laid down in this Constitution relating to the impeachment of the Chief Justice of the Union or a Judge of the Supreme Court of the Union.

401. (a) If the Chairman or a member of the Union Election Commission during this term of service wishes to resign on his own accord due to any reason, he may submit his resignation in writing to the President. (b) If the seat of the Chairman or the member of the Union Election Commission is vacant due to resignation, termination of duties, death or any other reason, the President may appoint a new Chairman, or a member of the Union Election Commission in accord with the provisions of appointment of a Union Minister prescribed in this Constitution. (c) If the Chairman or member of the Union Election Commission is a Civil Services Personnel it shall be deemed that he has been retired from service in accord with the existing service regulations from the day of appointment of the Chairman or member of the Union Election Commission.

Resolutions and Functions of the Union Election Commission

402. The resolutions and functions made by the Union Election Commission on the following matters shall be final and conclusive: (a) election functions; (b) appeals and revisions relating to the resolutions and orders of the election tribunals; (c) matters taken under the law relating to political party.

403. Duties, powers and privileges of the Chairman and members of the Union Election Commission shall be prescribed by law.

Chapter X: Political Parties

Formation of the Political Parties

404. A political party shall: (a) set the objective of non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty; (b) be loyal to the State.

405. A political party shall: (a) accept and practise a genuine and discipline-flourishing multi-party democratic system; (b) abide by and respect this Constitution and the existing laws; (c) form and register as a political party in accord with the law.

406. A political party shall, in accord with the law, have the right in the Union to: (a) organize freely; (b) participate and compete in the elections.

The right of Non-Existence of Political Parties

407. If a political party infringe one of the following stipulations, it shall have no right of continued existence: (a) having been declared an unlawful association under the existing law; (b) directly or indirectly contacting or abetting the insurgent group launching armed rebellion against the Union or the associations and persons determined by the Union to have committed terrorist acts or the association declared to be an unlawful association; (c) directly or indirectly receiving and expending financial, material and other assistance from a foreign government, a religious association, other association or a person from a foreign country; (d) abusing religion for political purpose.

408. If the body having authority to register political parties finds that a political party infringes one of the stipulations contained in Section 407, the party's registration shall be revoked.

409. The Pyidaungsu Hluttaw shall enact necessary laws concerning political parties.

Chapter XI: Provisions on State of Emergency

410. If the President learns that or if the respective local administrative body submits that the administrative functions cannot be carried out in accord with the Constitution in a Region or a State or a Union territory or a Self-Administered Area, he may, after coordinating with the National Defence and Security Council, promulgate an ordinance and declare a state of emergency.

411. In the matter concerning the declaration of a state of emergency in accord with Section 410, the President: (a) may exercise the executive power of a Region or a State or a Self-Administered Area concerned. Moreover, he may form an appropriate body or a suitable person and entrust the said executive power; (b) in doing so, if necessary, has the right to exercise the legislative power only for executive matters from among the matters that may be legislated by the respective Region, State or Self-Administered Areas. However, the legislative power shall not be empowered on any body or any person.

412. (a) If the President, learns that or if the respective local administrative body submits that there arises or is sufficient reason to arise a state of emergency endangering the lives, shelter and property of the public in a Region or a state or a Union Territory or a Self-Administered Area, after co-ordinating with the National Defence and Security Council, may promulgate an ordinance and declare a state of emergency. (b) If all the members are unable to attend the meeting held by the President to co-ordinate with the National Defence and Security Council under Sub-Section (a), the President may declare in time a state of emergency after co-ordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister for Defence, and the Minister for Home Affairs who are members. The said declaration shall be submitted to the National Defence and Security Council for approval as soon as possible.

413. According to Section 412, concerning the declaration of a state of emergency: (a) the local administrative bodies and their members and the Civil Services organizations and their members may obtain the assistance of the Defence Services to effectively carry out their duties in accord with the existing laws in order to quickly restore to its original situation in an area where the declaration of a state of emergency has been in operation; (b) the President may, if necessary, declare a military administrative order. In the said order, the executive powers and duties and the judicial powers and duties concerning community peace and tranquillity and prevalence of law and order shall be conferred on the Commander-in-Chief of the Defence Services. The Commander-in-Chief of the Defence Services may exercise the said powers and duties himself or empower on any suitable military authority to exercise thereof.

414. The President, in promulgating an ordinance and declaring a state of emergency: (a) shall specify in the said ordinance the areas and the duration that the state of emergency is in operation; (b) may, if necessary, restrict or suspend as required, one or more fundamental rights of the citizens residing in the areas where the state of emergency is in operation.

415. The President shall, relating to the measures taken under Sections 410 and 411, and relating to the measures taken under Sections 412 and 413 in declaring a state of emergency, carry out such measures in accord with Section 212 (b), (c) and (e)

416. If the Pyidaungsu Hluttaw session besides approving the submission of the President under Section 415 also extends the duration of the ordinance, it shall remain in operation up to the expiry of the extended duration.

417. If there arises or if there is sufficient reason for a state of emergency to arise that may disintegrate the Union or disintegrate national solidarity or that may cause the loss of sovereignty, due to acts or attempts to take over the sovereignty of the Union by insurgency, violence and wrongful forcible means, the President may, after co-ordinating with the National Defence and Security Council, promulgate an ordinance and declare a state of emergency. In the said ordinance, it shall be stated that the area where the state of emergency in operation is the entire Nation and the specified duration is one year from the day of promulgation.

418. (a) In the matter concerning the declaration of the state of emergency according to Section 417, the President shall declare the transferring of legislative, executive and judicial powers of the Union to the Commander-in-Chief of the Defence Services to enable him to carry out necessary measures to speedily restore its original situation in the Union. It shall be deemed that the legislative functions of all Hluttaws and leading bodies shall be suspended from the day of declaration. It shall also be deemed that on the expiry of the term of the said Hluttaws, the relevant Hluttaws have been dissolved automatically. (b) Notwithstanding anything contained in the Constitution, commencing from the day of transfer of the sovereign power to the Commander-in-Chief of the Defence Services, it shall be deemed that the members appointed and assigned duties by approval of the relevant Hluttaws in accord with the Constitution, Self-Administered Division Leading Bodies or the members of Self-Administered Zone Leading Bodies, with the exception of the President and the Vice-Presidents, have been terminated from duty.

419. The Commander-in-Chief of the Defence Services to whom the sovereign power has been transferred shall have the right to exercise the powers of legislature, executive and judiciary. The Commander-in-Chief of the Defence Services may exercise the legislative power either by himself or by a body including him. The executive power and the judicial power may be transferred to and exercised by an appropriate body that has been formed or a suitable person.

420. The Commander-in-Chief of the Defence Services may, during the duration of the declaration of a state of emergency, restrict or suspend as required, one or more fundamental rights of the citizens in the required area.

421. The President: (a) shall submit the matter of transferring the sovereign power to the Commander-in-Chief of the Defence Services, after declaring a state of emergency under Sections 417 and 418, to a regular session of the Pyidaungsu Hluttaw if it is in session, or to an emergency session of the Pyidaungsu Hluttaw by summoning it, if it is not in regular session; (b) may, if the Commander-in-Chief of the Defence Services submits the extension of the prescribed duration by giving reasons why he has not yet been able to accomplish the duties assigned to him, and after co-ordinating with the National Defence and Security Council, normally permit two extensions of the prescribed duration for a term of six months for each extension. The matter relating to the extension shall be reported to the emergency session of the Pyidaungsu Hluttaw by summoning it.

422. The President shall, on submission of a report that the Commander-in-Chief of the Defence Services has accomplished the duties assigned, declare the annulment of the ordinance transferring the sovereign power to the Commander-in-Chief of the Defence Services under Section 418, after co-ordinating with the National Defence and Security Council, on the day of submission of the report by convening an emergency session of the Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw has not expired, or on the day that the submission of the report of the Commander-in-Chief of the Defence Services is received if that term of the Pyidaungsu Hluttaw has expired.

423. The President shall, on receiving the report of the Commander-in-Chief of the Defence Services under Section 422, revoke the temporary suspension of the legislative functions of all Hluttaws and Leading Bodies if the term of the Pyidaungsu Hluttaw has not expired. The New executive and judicial bodies prescribed in the Constitution shall then be formed and assigned duties in accord with the Constitution. Such bodies shall only carry out the duties for the remaining term of the Hluttaw.

424. Notwithstanding that the term of the Pyidaungsu Hluttaw has expired, the President and the Vice-Presidents, or the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall remain in their office until the new President and the new Vice-Presidents, or the new Speaker of the Pyithu Hluttaw and the new Speaker of the Amyotha Hluttaw have been elected in accord with the Constitution.

425. The National Defence and Security Council may, if the Commander-in-Chief of the Defence Services submits the extension of the prescribed duration by giving reasons why he has not been able to accomplish the assigned duties, on the expiry of the term of the Pyidaungsu Hluttaw, normally permit two extensions of the prescribed duration for a term of six months for each extension.

426. The National Defence and Security Council shall, concerning the matter of transferring of sovereign power by the President to the Commander-in-Chief of the Defence Services by declaring a state of emergency under Sections 417 and 418, declare the annulment of the ordinance transferring the sovereign power to him under Section 418 on receiving the report that the Commander-in-Chief of the Defence Services has accomplished the duties assigned to him.

427. The National Defence and Security Council: (a) exercises the powers of the legislature, executive and judiciary before the Hluttaws are formed in accord with the Constitution; (b) has the right to exercise the sovereign power until the new President has been elected and the Union level administrative bodies have been formed in accord with the provisions in this Constitution. In exercising thereof, the legislative power shall be exercised by itself. The executive power and the judicial power may be transferred to and exercised by the appropriate Bodies that have been formed or a suitable person at the Union, Region or State and Self-Administered Area levels.

428. The National Defence and Security Council shall form and assign duties to different levels of administrative bodies, the Self-Administered Division Leading Body, or the Self-Administered Zone Leading Bodies and Election Commission prescribed in the Constitution with persons who meet the relevant qualifications prescribed in the Constitution.

429. The National Defence and Security Council shall hold the general election in accord with the provisions of the Constitution within a duration of six months commencing from the day on which the ordinance is annulled under Section 426

430. The bodies formed under Section 428 shall continue to perform their functions and duties until legislative, executive and judicial bodies have been formed in accord with the Constitution after holding the general election.

431. The National Defence and Security Council shall exercise the sovereign power in the name of the President.

432. The legitimate measures of any administrative body or any of its members, any Civil Services body or any of its members, and any military body or any of its members assigned powers and duties to take measures as required in order to speedily restore the security, stability, community peace and tranquillity and prevalence of law and order to its original state on behalf of the President while a declaration of emergency is in operation or during the duration the sovereign power is being exercised by the Commander-in-Chief of the Defence Services or during the duration the sovereign power is being exercised by the National Defence and Security Council, shall be valid. No legal action shall be taken on such legitimate measures.

Chapter XII: Amendment of the Constitution

433. Any provision of this Constitution may be amended in the manner herein after provided: (a) the proposal to amend the Constitution shall be submitted in the form of a Bill; (b) the Bill to amend the Constitution shall not contain other proposals.

434. The Bill to amend the Constitution shall be submitted to the Pyidaungsu Hluttaw.

435. If twenty percent of the total number of the Pyidaungsu Hluttaw representatives submit the Bill to amend the Constitution, it shall be considered by the Pyidaungsu Hluttaw.

436. (a) If it is necessary to amend the provisions of Sections 1 to 48 in Chapter I, Sections 49 to 56 in Chapter II, Sections 59 and 60 in Chapter III, Sections 74, 109, 141 and 161 in Chapter IV, Sections 200, 201, 248 and 276 in Chapter V, Sections 293, 294, 305, 314 and 320 in Chapter VI, Sections 410 to 432 in Chapter XI and Sections 436 in Chapter XII of this Constitution, it shall be amended with the prior approval of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw, after which in a nation-wide referendum only with the votes of more than half of those who are eligible to vote. (b) Provisions other than those mentioned in Sub-Section (a) shall be amended only by a vote of more than seventy-five percent of all the representatives of the Pyidaungsu Hluttaw.

Chapter XIII: State Flag, State Seal, National Anthem and the Capital

437. (a) The State Flag shall be as shown below: [image] (b) Law shall be promulgated concerning the State Flag.

438. (a) The State Seal shall be as shown below: [image] (b) Law shall be promulgated concerning the State Seal.

439. (a) The present National Anthem shall be prescribed as the National Anthem. (b) Law shall be promulgated concerning the National Anthem.

440. The Capital of the Republic of the Union of Myanmar is Nay Pyi Taw.

Chapter XIV: Transitory Provisions

441. A nation-wide referendum held for adoption of this Constitution where more than half of the eligible voters voted, of which majority of these voters adopted this Constitution, shall come into operation throughout the Union from the day the first session of the Pyidaungsu Hluttaw is convened.

442. The State Peace and Development Council shall continue to exercise State sovereignty before this Constitution comes into operation.

443. The preparatory work done by the State Peace and Development Council, before this Constitution comes into operation, to bring the Constitution into operation, shall be deemed to have been carried out in accord with this Constitution.

444. (a) The Government that exists on the day this Constitution comes into operation shall continue to discharge the respective duties until the emergence of the new Government formed and assigned duties in accord with this Constitution. (b) All courts existing on the day the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are constituted by law in accord with this Constitution. All cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the day on which the cases came up for trial.

445. All policy guidelines, laws, rules, regulations, notifications and declarations of the State Law and Order Restoration Council and the State Peace and Development Council or actions, rights and responsibilities of the State Law and Order Restoration Council and the State Peace and Development Council shall devolve on the Republic of the Union of Myanmar. No proceeding shall be instituted against the said Councils or any member thereof or any member of the Government, in respect of any act done in the execution of their respective duties.

446. Existing laws shall remain in operation in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.

447. Existing rules, regulations, by-laws, notifications, orders, directives and procedures shall remain in operation in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Union Government.

448. All functioning Civil Services personnel of departmental organizations including the Defence Services under the State Peace and Development Council on the day this Constitution comes into operation, shall continue in their functions unless otherwise prescribed by the Government of the Republic of the Union of Myanmar.

Chapter XV: General Provisions

449. This Constitution is the Basic Law of all the laws of the Union.

450. Myanmar language is the official language.

451. The application of the Basic Principles of the Union in the legislation and administration shall be the care of the Union but shall not be enforceable in any Court of law.

452. Interpretation of the preamble, Sections, Sub-Sections, expressions, individual words and ideas of this Constitution shall be based only on the Myanmar text.

453. In interpretation of expressions contained in this Constitution reference shall be made to the existing Interpretation Law.

454. The Myanmar text of this Constitution shall be kept as record in the National Archives. Such text shall be conclusive evidence of the provisions of this Constitution.

455. The Government of the Union may, in the interest of the Union, relating to any of the economic activity prescribed to be carried out only by the Government of the Union: (a) permit the Region government or the State government to form a joint venture with the Government of the Union or to operate under terms and conditions; (b) permit a co-operative organization, economic organization and an individual person to form a joint venture with the Government of the Union or to operate under terms and conditions.

456. The Republic of the Union of Myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this Constitution have been in operation between the Government of the Union of Myanmar and the Government of other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar.

457. (a) Any proceedings relating to contract or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into operation, may be brought against the Government of the Union of Myanmar. (b) The Republic of the Union of Myanmar may sue and be sued in the name of the Republic of the Union of Myanmar.

SCHEDULE 1: Union Legislative List (Refer to Section 96)

1. Union Defence and Security Sector (a) Defence of the Republic of the Union of Myanmar and every part thereof and preparation for such defence; (b) Defence and Security industries; (c) Arms, ammunition and explosives including biological and chemical weapons; (d) Atomic energy, nuclear fuel and radiation and mineral resources essential to its production; (e) Declaration of war and conclusion of peace; (f) Stability, peace and tranquillity of the Union and prevalence of law and order; and (g) Police force.

2. Foreign Affairs Sector (a) Representatives of the diplomatic, consular and other affairs; (b) United Nations; (c) Participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and implementation of resolutions thereof; (d) Conclusion and implementation of international and regional treaties, agreements, conventions and bilateral agreements and treaties; (e) Passports and identification certificates; (f) Visas, admission into the Republic of the Union of Myanmar, stay, departure, immigration and deportation; and (g) Extradition and request for extradition.

3. Finance and Planning Sector (a) The Union Budget; (b) The Union Fund; (c) Currency and coinage; (d) The Central Bank of Myanmar and financial institutions; (e) Foreign exchange control; (f) Capital and money markets; (g) Insurance; (h) Income tax; (i) Commercial tax; (j) Stamp duty; (k) Customs duty; (l) Union lottery; (m) Tax appeal; (n) Services of the Union; (o) Sale, lease and other means of execution of property of the Union; (p) Disbursement of loans from the Union Funds; (q) Investment of the Union Funds; (r) Domestic and foreign loans; (s) Acquisition of property for the Union; and (t) Foreign aid and financial assistance.

4. Economic Sector (a) Economy; (b) Commerce; (c) Co-operatives; (d) Corporations, boards, enterprises, companies and partnerships; (e) Imports, exports and quality control thereon; (f) Hotels and lodging houses; and (g) Tourism.

5. Agriculture and Livestock Breeding Sector (a) Land administration; (b) Reclamation of vacant, fallow and virgin lands; (c) Settlements and land records; (d) Land survey; (e) Dams, embankments and irrigation works managed by the Union; (f) Meteorology, hydrology and seismic survey; (g) Registration of documents; (h) Mechanized agriculture; (i) Agricultural research; (j) Production of chemical fertilizers and insecticides; (k) Marine fisheries; and (l) Livestock proliferation, prevention and treatment of diseases and research works.

6. Energy, Electricity, Mining and Forestry Sector (a) Petroleum, natural gas, other liquids and substances declared by the Union Law to be dangerously inflammable; (b) Production and distribution of electricity of the Union; (c) Minerals, mines, safety of mine workers, and environmental conservation and restoration; (d) Gems; (e) Pearls; (f) Forests; and (g) Environmental protection and conservation including wildlife, natural plants and natural areas.

7. Industrial Sector (a) Industries to be undertaken by the Union level; (b) Industrial zones; (c) Basic standardization and specification for manufactured products; (d) Science and technology and research thereon; (e) Standardization of weights and measures; and (f) Intellectual property such as copyrights, patents, trademarks and industrial designs.

8. Transport, Communication and Construction Sector (a) Inland water transport; (b) Maintenance of waterways; (c) Development of water resources and rivers and streams; (d) Carriage by sea; (e) Major ports; (f) Lighthouses, lightships and lighting plans; (g) Shipbuilding, repair and maintenance; (h) Air transport; (i) Air navigation, control and airfields construction; (j) Land transport; (k) Railways; (l) Major highways and bridges managed by the Union; (m) Posts, telegraphs, telephones, fax, e-mail, internet, intranet and similar means of communication; and (n) Television, satellite communication, transmission and reception, and similar means of communication and housing and buildings.

9. Social Sector (a) Educational curricula, syllabus, teaching methodology, research, plans, projects and standards; (b) Universities, degree colleges, institutes and other institutions of higher education; (c) Examinations prescribed by the Union; (d) Private schools and training; (e) National sports; (f) National health; (g) Development of traditional medicinal science and traditional medicine; (h) Charitable hospitals and clinics and private hospitals and clinics; (i) Maternal and child welfare; (j) Red cross society; (k) Prevention from adulteration, manufacture and sale of foodstuffs, drugs, medicines and cosmetics; (l) Welfare of children, youths, women, the disabled, the aged and the homeless; (m) Relief and rehabilitation; (n) Fire Brigade; (o) Working hours, resting-hours, holidays and occupational safety; (p) Trade disputes; (q) Social security; (r) Labour organizations; (s) Managements by the Union, the following: (i.) Ancient culture or historical sites, buildings, monuments, records, stone inscriptions, ink inscriptions on stucco, palm-leaf parabaiks, handwritings, handiworks, inanimate objects and archaeological works; (ii.) Museums and libraries. (t) Literature, dramatic arts, music, traditional arts and crafts, cinematographic films and videos; and (u) Registration of births and deaths.

10. Management Sector (a) General administration; (b) Administration of town and village land; (c) Tenants; (d) Narcotic drugs and psychotropic substances; (e) Union secrets; (f) Associations; (g) Prisons; (h) Development of border areas; (i) Census; (j) Citizenship, naturalization, termination and revocation of citizenship, citizenship scrutiny and registration; and (k) Titles and honours.

11. Judicial Sector (a) Judiciary; (b) Lawyers; (c) Criminal Laws and procedures; (d) Civil Laws and procedures including contract, arbitration, actionable wrong, insolvency, trust and trustees, administrator and receiver, family laws, guardians and wards, transfer of property and inheritance; (e) Law of Evidence; (f) Limitation; (g) Suit valuation; (h) Specific relief; (i) Foreign jurisdiction; (j) Admiralty jurisdiction; and (k) Piracies, crimes committed in international waters or in outer space and offences against the international law on land or in international waters or in outer space.

SCHEDULE 2: Region or State Legislative List (Refer to Section 188)

1. Finance and Planning Sector (a) The Region or State budget; (b) The Region or State fund; (c) Land revenue; (d) Excise duty (not including narcotic drugs and psychotropic substances); (e) Municipal taxes such as taxes on buildings and lands, water, street lightings and wheels; (f) Services of the Region or State; (g) Sale, lease and other means of execution of property of the Region or State; (h) Disbursement of loans in the country from the Region or State funds; (i) Investment in the country from the Region or State funds; (j) Local plan; and (k) Small loans business.

2. Economic Sector (a) Economic matters undertaken in the Region or State in accord with law enacted by the Union; (b) Commercial matters undertaken in the Region or State in accord with law enacted by the Union; and (c) Co-operative matters undertaken in the Region or State in accord with law enacted by the Union.

3. Agriculture and Livestock Breeding Sector (a) Agriculture; (b) Protection against and control of plants and crop pests and diseases; (c) Systematic use of chemical fertilizers and systematic production and use of natural fertilizers; (d) Agricultural loans and savings; (e) Dams, embankments, lakes, drains and irrigation works having the right to be managed by the Region or State; (f) Fresh water fisheries; and (g) Livestock breeding and systematic herding in accord with the law enacted by the Union.

4. Energy, Electricity, Mining and Forestry Sector (a) Medium and small scale electric power production and distribution that have the right to be managed by the Region or State not having any link with national power grid, except large scale electric power production and distribution having the right to be managed by the Union; (b) Salt and salt products; (c) Cutting and polishing of gemstones within the Region or State; (d) Village firewood plantation; and (e) Recreation centers, zoological garden and botanical garden.

5. Industrial Sector (a) Industries other than those prescribed to be undertaken by the Union level; and (b) Cottage industries.

6. Transport, Communication and Construction Sector (a) Ports, jetties and pontoons having the right to be managed by the Region or State; (b) Roads and bridges having the right to be managed by the Region or State; and (c) Systematic running of private vehicles within the Region or State.

7. Social Sector (a) Matters on traditional medicine not contrary to traditional medicine policies prescribed by the Union; (b) Social welfare works within the Region or State; (c) Preventive and precautionary measures against fire and natural disasters; (d) Stevedoring; (e) Having the right of management by the Region or State, the following: (i.) preservation of cultural heritage; (ii.) museums and libraries. (f) Theatres, cinemas and video houses; and (g) Exhibitions such as photographs, paintings and sculptures.

8. Management Sector (a) Development matters; (b) Town and housing development; and (c) Honorary certificates and awards.

SCHEDULE 3: List of Legislation of the Leading Body of Self-Administered Division or Self-Administered Area (Refer to Section 196)

List of Legislation of the Leading Body of Self-Administered Division or Self-Administered Area (Refer to Section 196)

1. Urban and Rural Projects.

2. Construction and Maintenance of Roads and Bridges.

3. Public Health.

4. Development Affairs.

5. Prevention of Fire Hazard.

6. Maintenance of Pasture.

7. Conservation and Preservation of Forest.

8. Preservation of Natural Environment in Accord with Law Promulgated by the Union.

9. Water and Electricity Matters in Towns and Villages.

10. Market Matters of Towns and Villages.

SCHEDULE 4: Form of Oaths or Affirmation (Refer to Section 125)

I ................ do solemnly and sincerely promise that as an elected representative of the Pyithu Hluttaw/ the Amyotha Hluttaw/ the Region or State Hluttaw, I will uphold and abide by the Constitution of the Union. I will be loyal to the Republic of the Union of Myanmar and citizenry and hold always in esteem non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty. In addition, I will carry out the responsibilities uprightly to the best of my ability.

SCHEDULE 5: Taxes Collected by Region or States (Refer to Section 254)

1. Land revenue.

2. Excise revenue.

3. Water tax and embankment tax based on dams and reservoirs managed by the Region or State and tax on use of electricity generated by such facilities managed by the Region or State.

4. Toll fees from using roads and bridges managed by the Region or State.

5. (a) Royalty collected on fresh water fisheries. (b) Royalty collected on marine fisheries within the permitted range of territorial water.

6. Taxes collected on vehicles on road transport and vessels on inland waterway transport, in accord with law, in a Region or a State.

7. Proceeds, rent fees and other profits from those properties owned by a Region or a State.

8. Fees, taxes and other revenues collected on services enterprises by a Region or a State.

9. Fines imposed by judicial courts in a Region or a State including Region Taya Hluttaw or State Taya Hluttaw and taxes collected on service provision and other revenues.

10. Interests from disbursed by a Region or State.

11. Profits returned from investment of a Region or State.

12. Taxes collected on extraction of the following items from the forests in a Region or a State: (a) Taxes collected on all other woods except teak and other restricted hard woods; (b) Taxes collected on firewood, charcoal, rattan, bamboo, bird nests, cutch, thanetkha, turpentine, eaglewood and honey-based products.

13. Registration fees.

14. Taxes on entrainments.

15. Salt tax.

16. Revenue received from the Union Fund Account.

17. Contributions by development affairs organizations in a Region or State concerned.

18. Unclaimed cash and property.

19. Treasure trove.


Data from the Comparative Constitutions Project and Constitute.

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