Constitution of the Republic of theUnion of Myanmar(2008)

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CONTENTS
CHAPTER

PAGE-

Preamble

...

1

1.

Basic Principles of the Union

...

3

2.

State Structure

...

13

3.

Head of State

...

19

4.

Legislature

...

27

5.

Executive

...

75

6.

Judiciary. . . 125

7.

Defence Services. . . 148

8.

Citizen, Fundamental Rights and Duties of the Citizens. . . 149

9.

Election. . . 157

10.

Political Parties. . . 163

11.

Provisions on State of Emergency. . . 165

12.

Amendment of the Constitution. . . 173

13.

State Flag, State Seal, National Anthem and the Capital. . . 175

14.

Transitory Provisions. . . 177

15.

General Provisions. . . 179

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 standingtall 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 instrength, sacrificing lives and hence the Nation became an independent sovereign Stateagain on 4th January 1948.
In order to gain independence speedily, the Constitution was hastily drafted, and it
was adopted by the Constitutent 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 madeefforts 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.

2
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 andDetailed 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, nondisintegration 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 oftrue 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 HEREBYADOPT 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

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 theentire 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 politicalleadership role of the State.

7.

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

8.

The Union is constituted by the Union system.

4
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 sowith 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 theUnion, 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 thisConstitution 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 numberof representatives elected from Regions and States.

5
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-inChief of the Defence Services in numbers stipulated by this Constitution.

15.

For National races with suitable population, National races representatives areentitled 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 SelfAdministered Areas as prescribed by this Constitution.

(b) In the executive of the Union, Regions, States, Union Territory, SelfAdministered Areas and districts, Defence Services personnel, nominatedby the Commander-in-Chief of the Defence Services to undertake
responsibilities of the defence, security, border administration, so forth, shallbe 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.

6
18.

(a)

The judicial power of the Union is shared among the Supreme Court of theUnion, High Courts of the Regions, High Courts of the States and Courts ofdifferent levels including Courts of Self-Administered Areas.

(b) There shall be one Supreme Court of the Union. The Supreme Court of theUnion 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 theentire people in Union security and defence.
(e)

The Defence Services is mainly responsible for safeguarding the nondisintegration of the Union, the non-disintegration of National solidarity andthe perpetuation of sovereignty.

(f)

The Defence Services is mainly responsible for safeguarding the Constitution.

7
21.

(a)

Every citizen shall enjoy the right of equality, the right of liberty and the rightof justice, as prescribed in this Constitution.

(b) No citizen shall be placed in custody for more than 24 hours without thepermission of a Court.
(c)Every citizen is responsible for public peace and tranquility and prevalenceof 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 Nationalraces.

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.

8
26.

(a)

Civil Services personnel shall be free from party politics.

(b) The Union shall enact necessary laws for Civil Services personnel to havesecurity 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 mattersof 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, rawmaterials, so forth, to the extent possible for changeover from manual to mechanized
agriculture.
30.

The Union shall provide inputs, such as technology, investments, machinery, rawmaterials, so forth, to the extent possible, for development of industries.
31.
people.

The Union shall, to the extent possible, assist to reduce unemployment among the932.

The Union shall :(a)care for mothers and children, orphans, fallen Defence Services personnel’schildren, 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, thecorrect 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 otherprovisions 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 ineconomic activities for the development of National economy;(b)protect and prevent acts that injure public interests through monopolizationor 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 ofinvestments;

10

37.

(d)

not nationalize economic enterprises;(e)

not demonetize the currency legally in circulation.

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 theUnion;(b)shall enact necessary law to supervise extraction and utilization of Stateowned natural resources by economic forces;(c)shall permit citizens right of private property, right of inheritance, right ofprivate 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 forflourishing 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

11
legislative powers concerning that Region, State or Self-Administered Areain 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 SelfAdministered Area, the Defence Services has the right, in accord with theprovisions of this Constitution, to prevent that danger and provide
protection.

(c)

If there arises a state of emergency that could cause disintegration of theUnion, disintegration of national solidarity and loss of sovereign power or
attempts therefore by wrongful forcible means such as insurgency orviolence, the Commander-in-Chief of the Defence Services has the rightto take over and exercise State sovereign power in accord with theprovisions of this Constitution.

41.

The Union practises independent, active and non-aligned foreign policy aimed atworld 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 theUnion.

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.

12
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 SelfAdministered Areas and among Self-Administered Areas themselves, and to perform otherduties 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 thelegislative or executive authority of the Union under this Constitution according as thecontext may require.

48.

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

Chapter II
State StructureChapter II

State Structure
49.

The Union is delineated and constituted by seven Regions, seven States and theUnion 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.

14(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;

52.

(i)

Regions, States and Union territories are organized as the Republic.

(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.

15(b) The Head of the Pyidaungsu Htuttaw, 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 representativesof 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 asmentioned above, shall inform the President for re-delineating the territorialboundary 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 territorialboundary as necessary.

16
(e)

The President shall take necessary measures for re-delineation of theterritorial 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 ora State, the prior consent of the electorate residing within the townshipconcerned 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 thetownship concerned cast assenting vote for re-delineation of the territorialboundary, 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 orState concerned with the consent of the Pyidaungsu Hluttaw, after obtaining
the assenting votes of three-fourths and above of the total number ofrepresentatives 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 theterritorial 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 ofrepresentatives in the Pyidaungsu Hluttaw assent to the re-delineation of theterritorial boundary.

17
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 thename of a Region or State.

56.

The Self-Administered Divisions and Self-Administered Zones are delineated asfollows :(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 SelfAdministered 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 SelfAdministered Zone;(e)grouping Konkyan and Laukkai townships in Shan State as Kokang SelfAdministered Zone;

18
(f)

grouping six townships – Hopang, Mongma, Panwai, Nahpan, Metman andPangsang (Pankham) townships in Shan State as two districts which areforged into ‘Wa’ Self-Administered Division.

Chapter III
Head of StateChapter III

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 bornin 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20
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 toqualifications 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 withan 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.

21(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 VicePresidents.

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 bedeemed to have resigned from their seats in that Hluttaw, and if the President or the Vice-

22
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 shallnot 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 andperpetuation 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 theservice of the Republic of the Union of Myanmar.”

66.

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

67.

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

23
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 thefollowing 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.

24(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 ofrepresentatives of the Hluttaw which investigated the charge or caused theinvestigation 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 impeachedVice-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 officeof 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.

25(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 VicePresident, the Electoral College comprising all the Pyidaungsu Hluttaw
representatives shall elect the President from among the three VicePresidents.
(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 intimationfrom 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 theterm by reason of his resignation, death, permanent disability or any othercause when the Pyidaungsu Hluttaw is in session, the President shall promptly
intimate the Head of the Pyidaungsu Hluttaw to elect a Vice-President withinseven days by the group of Hluttaw representatives concerned that elected
the said Vice-President.

26
(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 dayof receipt of the intimation from the President and proceed with the electionof a Vice-President by the group of Hluttaw representatives concerned inaccord with the prescribed procedure.

Chapter IV
LegislatureChapter IV

Legislature
The Pyidaungsu Hluttaw

Formation of the Pyidaungsu Hluttaw
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 andStates 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, theHead 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.

28
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 theduties of the Speaker, the Deputy Speaker shall temporarily perform theduties 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 theUnion level organizations formed under the Constitution to attend the
Pyidaungsu Hluttaw session and give clarifications on matters relating toongoing 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.

29
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 Billapproved 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;

81.

(g)

submitting proposals, discussing and resolving;(h)raising questions and replying;(i)undertaking matters approved by the Speaker of the Pyidaungsu Hluttaw.

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 andresolved 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;

30
(c)

a special session or an emergency session shall be convened to discussand 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 thanhalf of the total number, who have the right to attend the session, arepresent. The session, if invalid, shall be adjourned.

(b)

The sessions that are adjourned due to invalidity in accord with the SubSection (a) as well as the valid sessions that are extented 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

31of the representatives of the Pyidaungsu Hluttaw who are present andvoting.
(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 Speakerof the Pyidaungsu Hluttaw, absent from sessions of the Pyidaungsu Hluttaw for a period ofat least 15 consecutive days, the Speaker shall inform the Hluttaw concerned to takeaction 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 thesession is adjourned.
88.

Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right tocarry 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 doso 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 permissionof the Speaker have the right to explain, converse and discuss the Bills and other mattersin connection with the respective organization.

32
91.

The Union level organizations formed under the Constitution may submit the generalsituation 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 theConstitution 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 byother 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.

33
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 thepermission or invitation of the Speaker of the Pyidaungsu Hluttaw, credible evidence shallbe 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 approvedby 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 partof 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 proceduresto the respective organization or authority.

34
(b)

The rules, regulations, notifications, orders, directives, and proceduresissued under the power conferred by any law shall be in conformity withthe provisions of the Constitution and the relevant law.

(c)

If both the Pyithu Hluttaw and the Amyotha Hluttaw resolve to annul oramend 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 tothe 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 sofor the Union territories relating to matters for which legislative powers are vested to the35
Region Hluttaw or the State Hluttaw, or Self-Administered Division Leading Body or
Self-Administered Zone Leading Body.
Submission of Bill
100.

(a)

The Union level organizations formed under the Constitution shall havethe right to submit the Bills relating to matters they administered among thematters included in the Union Legislative List to the Pyidaungsu Hluttaw inaccord 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 andresolved 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 anddiscuss 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.

36
(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 thedebts, and other expenses relating to the loans taken out by theUnion;(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 theexpenditures 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 theUnion Budget Law enacted by the Pyidaungsu Hluttaw.

(e)

If in respect of the relevant financial year a need has arisen to authorize theestimated 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 shallbe 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.

37
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 bein 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 beapproved by the Pyidaungsu Hluttaw, within 14 days after the day ofreceipt, 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, orif the President does not sign to promulgate, on the day after the completionof 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

38
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 commentor the Bill which is approved as it is without accepting the President’scomment 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 operationon 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.

39
Pyithu 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 populationor 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 thecommencement 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 thecompletion of the election of the Speaker and the Deputy Speaker of thePyithu 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.

40
(ii)

When the seat of the Speaker or the Deputy Speaker becomesvacant, the substitution shall be made at the nearest session of thePyithu 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 Speakerof 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 toattend the Pyithu Hluttaw and give clarifications on matters relating toongoing 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 Speakerof the Pyithu Hluttaw
113.

(a)

The Speaker and the Deputy Speaker of the Pyithu Hluttaw shall performtheir duties until the first session of the next term of the Pyithu Hluttaw is
held.

41
(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
115.

(a)

The Pyithu Hluttaw shall form Bill Committee, Public Accounts Committee,
Hluttaw Rights Committee, and Government’s Guarantees, Pledges andUndertakings 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 tolegislature, executive, national races affairs, economics, finance, social andforeign 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.

42
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 timethey 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 SubSections (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 ofrepresentatives 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 thosestudied 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 shalldetermine the number of members, duties, powers, rights, and the termsof 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.

43
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 permissionof 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 concernedfor 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 theperiod 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 aforeign government or a citizen of a foreign country;

44
(f)

person who is entitled to enjoy the rights and privileges of a subject of aforeign government or a citizen of a foreign country;(g)person himself or is of a member of an organization who obtains andutilizes directly or indirectly the support of money, land, housing, building,vehicle, property, so forth, from government or religious organization orother organizations of a foreign country;(h)person himself or is of a member of an organization who abets the act ofinciting, giving speech, conversing or issuing declaration to vote or not tovote 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 andutilizes 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 forthe 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45apartments, 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.

46
125.

(a)

The representatives of the Pyithu Hluttaw shall take an affirmation of officeas 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 anaffirmation of office shall do so before the Speaker of the Hluttaw at thesession of the Pyithu Hluttaw at which they first attend.

126.

The Speaker of the Pyithu Hluttaw shall convene the regular session at least oncea 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 othermessages 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;

128.

(f)

submitting proposals, discussing and resolving;(g)raising questions and replying;(h)performing matters approved by the Speaker of the Pyithu Hluttaw.

(a)

The first day session of the Pyithu Hluttaw shall be valid if more than halfof the total number of the Hluttaw representatives, who have the right toattend the session, are present. The session, if invalid, shall be adjourned.

47
(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 bevalid 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 votesof 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 instancein 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 theprescribed procedures.

48
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 beannulled, notwithstanding the acts of some person who was not entitled to do so sat orvoted 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 ofspeech 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 theConstitution who are permitted or invited to attend the session of thePyithu Hluttaw or any committee of the Pyithu Hluttaw have the freedomof 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.

49
(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 thesession 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 orsession of Commission or the Body formed by the Pyithu Hluttaw, thecredible 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 thePyithu 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 sucharrest 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.

50
Submission of Bill
136.

Bills relating to other matters , except the matters prescribed in the Constitutionthat 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 inaccord 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 theprovisions of relevant law, Hluttaw representatives may move to annul oramend 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 theConstitution 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 theConstitution that the Bill shall be submitted and passed exclusively by the

51
Pyidaungsu Hluttaw stated in the Union Legislative List, shall be initiatedin 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 recieves 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 theConstitution 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 andBodies of the Pyithu Hluttaw with the permission of the Head of theCommittee, Commission or Body concerned.

52
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, prescribedunder the Constitution, or prescribed by law of the Pyidaungsu Hluttaw,
which are inclusive in State or Division, Region or State for the purpose ofelecting 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 theprovisions relating to the election of Chairperson of the Pyithu Hluttaw under Section 110.

53
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 ofthe Amyotha Hluttaw
145.

Performance and termination of duties of the Speaker and the Deputy Speaker ofthe Amyotha Hluttaw shall be subject to the provisions relating to the performance andtermination 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

54
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 tolegislature, executive, national races affairs, economics, finance, social andforeign 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 timethey 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 SubSections (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 ofrepresentatives 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.

55
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, entitledto 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 thecommencement of the term of the Pyithu Hluttaw.

(b)

The first regular session of the Amyotha Hluttaw shall be held within sevendays 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.

56
Submission of Bill
156.

Bills relating to other matters, except the matters prescribed in the Constitutionthat the Bill was submitted and passed exclusively by the Pyidaungsu Hluttaw stated inUnion 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 theprovisions of relevant law, Hluttaw representatives may move to annul oramend the rule, regulation or by-law to the Amyotha Hluttaw within 90
days from the day that rule, regulation or by-law is submitted anddistributed.

(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 theConstitution 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 theConstitution that the Bill was submitted and passed exclusively by the
Pyidaungsu Hluttaw stated in the Union Legislative List shall be initiated in

57
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 recieves the Bill with amendments from thePyithu 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 areentitled :(a)to explain, converse and discuss Bills or matters relating to their Bodies
when they are attending the Amyotha Hluttaw session with the permissionof 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 andBodies of the Amyotha Hluttaw with the permission of the Head of theCommittee, Commission or Body concerned.

58
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 electedfrom 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 thetotal number of Hluttaw representatives elected under Sub-Sections (a)and (b) or (a) and (c).

59Election of the Chairperson of the Region or State Hluttaw
162.

Election of Chairperson of the Region Hluttaw or the State Hluttaw shall be carriedout 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 theState Hluttaw
163.

Election of the Speaker and the Deputy Speaker of the Region Hluttaw or theState 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
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 toattend 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.

60
Performance and termination of duties of the Speaker and the Deputy Speaker ofthe Region Hluttaw or the State Hluttaw
165.

Performance and termination of duties of the Speaker and the Deputy Speaker ofthe Region Hluttaw or the State Hluttaw shall be subject to the provisions relating to theperformance and termination of duties of the Speaker and the Deputy Speaker of thePyithu 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
167.

(a)

The Region Hluttaw or the State Hluttaw may, if necessary, form Committee
and Bodies with the Region or State Hluttaw representatives concernedto study and submit legislation, national races affairs vested by theConstitution.

(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 ofmembers, 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 thePyithu Hluttaw.

61
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 thedisqualifications 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 dayof 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 convenedby 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

62continues to perform his duties in accord with the provisions of theConstitution.
173.

(a)

The representatives of the Region or State Hluttaw shall take an affirmationof office as mentioned in Schedule Four before the Chairperson of theRegion 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 anaffirmation of office shall do so before the Speaker of the Hluttaw at thesession 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 atleast once a year. The maximum interval between regular sessions shall not exceed 12months.

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 theState;(d)submitting, discussing and resolving on a Bill;(e)discussing and resolving on the matters to be undertaken by the Region orState Hluttaw in accord with the provisions of the Constitution;

63
(f)

discussing, resolving and recording the reports submitted to the Region orState 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 atthat 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 discussand 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 theRegion or State informs him to do so.
179.

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

64
180.

(a)

The first day session of the Region or State Hluttaw shall be valid if morethan half of the total number of Hluttaw representatives, who have theright 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 asotherwise provided by the Constitution, shall be determined by a majorityof 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 instancein 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

65
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 tocarry 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 entitledto 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 theRegion 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 orState Hluttaw and the Committee and Body formed by the Region orState 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.

66
(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 sessionof 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 shallbe taken against such members or persons for their submissions andspeeches 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 theRegion 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.

67
(b)

If there is a need to arrest a member of a Committee or a Body of theRegion 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 Headof 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 supportof such arrest shall as soon as possible be submitted to the Speaker of theRegion 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 orState 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 theConstitution;

68
(ii)

authorize to issue notifications, orders, directives and proceduresto the respective organization or authority.

(b)

The rules, regulations, by-laws, notifications, orders, directives andprocedures issued under the power conferred by any law shall be inconformity 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 andsubmit the said rule, regulation or by-law to its representatives at thenearest 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 theprovisions of relevant law, Hluttaw representatives may move to annul oramend 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 anddistributed.

(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 thevalidity of any action previously taken under the relevant rules, regulations
or by-laws.

69
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 administeredamong 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 toother 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 orState 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 Billsor 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70permission of the Speaker of the Hluttaw, are entitled to explain, converseand 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 orState Government has the right to be submitted only to the Region orState 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 theUnion Budget Law or the Supplementary Appropriation Law with therecommendation 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 orState level organizations formed under the Constitution and
expenditures of those organizations;

71
(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;

72
(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 completionof 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 forrespective Divisions or Zones are allotted to the Self-Administered Division or the SelfAdministered Zone Leading Bodies.

73
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 shallprevail;(c)

if any provision of the law enacted by the Leading Body of the SelfAdministered Division or the Self-Administered Zone is inconsistent with74
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 SelfAdministered Division or the Self-Administered Zone is inconsistent withany 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

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 todischarge the duties assigned by the Constitution or any law, shall be formed with thefollowing 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;

76
(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 increaseor 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.

206.

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.

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

77
coordination with the National Defence and Security Council. The President shall submitthat 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)

208.

accept the letters of accreditation presented by foreign diplomats.

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 fromsuch treaties;(b)

may enter into, ratify or annul international, regional or bilateral treaties
which do not require the approval of the Pyidaungsu Hluttaw, or revokefrom such treaties.

210.

The President shall have the right to occasionally deliver an address or send amessage 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.

78
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 topromulgate 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 SubSection (a), he shall submit the ordinance for approval to the nearest sessionof the Pyidaungsu Hluttaw within 60 days after the promulgation of theordinance. 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.

79
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 theConstitution, 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 matterfor 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.

80
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 onmatters to be performed by the Union Government, on allocation of thesaid 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 inaccord with the manners of the prescribed rules issued by the President.
Moreover, the validity of such order or instruments shall not be called inquestion 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 regionallyor according to the functions of the Government department.

219.

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

81
220.

The Union Government shall promulgate its policies in accord with the provisionsof 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 annualUnion budget, after coordinating with the Financial Commission, and submit it for approvalto 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 theirsubordinate governmental departments and organizations, manage, guide, supervise andinspect in accord with the provisions of the Constitution and the existing laws.

225.

In carrying out functions of the Region Government, the State Government, andthe 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.

82
226.

The Union Government, with the exception of Constitutional disputes and thedisputes 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)
228.

may appoint the required civil service personnel.

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-Generalof the Union

Member

83(iv)

The Auditor-Generalof the Union(v)

Chief Ministersof the Regions and States

(vi)

(i)

Member

The Minister of Financeof the Union(b)

Members

The Nay Pyi Taw
Council Chairperson(vii)

MemberSecretary

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 estimatedbudgets of the Union level organizations including the Union Ministries areto be submitted to the Financial Commission.

(b)

The budgets of the Region or State are to be vetted by the other VicePresident assigned by the President, and the estimated budgets of theRegion or State are to be submitted to the Financial Commission.

84
(c)

The Financial Commission shall :(i)submit to the Pyidaungsu Hluttaw with recommendation for theUnion Budget which includes the expenditure of the Union territory,
a supplementary finance as suitable to the Regions or States fromthe Union Fund, giving grants as a special matter and permittingloans;(ii)

to advise financial matters that should be undertaken;(iii)

carry out the duties assigned by the Pyidaungsu Hluttaw throughthe 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, thedistribution of suitable funds from Union Fund accounts to Regions orStates, the provisions or funds as a special case and disbursing of necessaryloans for submission them to the Pyidaungsu Hluttaw.

(e)

The Financial Commission may, if necessary, seek advice from financial
experts.

85
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 andrevenues 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 theUnion 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 prescribedin 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)
(b)

person loyal to the Union and its citizens.

In order to appoint the Union Ministers, the President shall :(i)select suitable persons who have qualifications prescribed in SubSection (a) from among the Hluttaw representatives or persons
who are not Hluttaw representatives;

86
(ii)

obtain a list of suitable Defence Services personnel nominated by
the Commander-in-Chief of the Defence Services for Ministriesof 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 listof the Defence Services personnel nominated by the Commander-in-Chiefof 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 canclearly be proved that the person concerned does not meet thequalifications 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 theappointment 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 shalldesignate Ministry or Ministries for each Union Minister to takeresponsibility.

(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 deemedthat he has resigned from the day he is appointed as a Union Minister.

87
(j)

(i)

If the Union Minister is a Civil Services personnel, it shall bedeemed 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 takepart in its party activities during the term of office from the day he isappointed 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)
(b)

inefficient discharge of duties assigned by law.

If there is a need to impeach any Union Minister, the same procedure forthe impeachment of the President or Vice-President under Section 71
shall be applied.

(c)

The President shall remove the impeached Union Minister from officewhen the Hluttaw that had made an investigation had resolved and88submitted to the President that the charge has been substantiated and theUnion Minister is unfit to continue in office.
(d)

If the Hluttaw concerned resolves that the charge has failed, the Speakerof 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 theUnion 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)
(b)

persons loyal to the Union and its citizens.

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-ordiante 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 takeresponsibility.

89
(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 politicalparty, the provisions of Sub-Sections (i), (j) and (k) of Section 232 shallbe applied.

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, heshall 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90
Deputy Minister in accord with the provisions of the Constitution relating
to the appointment of the Union Minister or Deputy Minister. The term ofoffice 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 thePresident’s office is vacant due to resignation or death or any
other reason, the Union Ministers and the Deputy Ministers shallcontinue 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 theUnion.

The appointment of the Attorney General of the Union
237.

(a)

The President, with the approval of the Pyidaungsu Hluttaw, shall appointa person, from among Hluttaw representatives or persons who are not91
Hluttaw representatives having the following qualifications as the AttorneyGeneral 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 prescribedin 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 orState 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 aneminent jurist;

(v)
(b)

person who is loyal to the Union and its citizens.

The appoitment of a person as the Attorney-General of the Union by the
President shall not be refused by the Pyidaungsu Hluttaw unless it canclearly be proved that the person concerned does not meet the qualificationof 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 theappointment of a person as the Attorney-General of the Union.

(d)

The Attorney-General of the Union is a member of the Union Government.

92
(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 shallbe 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, heshall 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 prescribedin 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;

93
(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 orState 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 aneminent jurist;

(v)
(b)

person who is loyal to the Union and its citizens.

The Deputy Attorney-General shall be responsible to the Attorney-Generalof the Union and to the President through the Attorney-General of theUnion.

(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 provisionsof Sub-Sections (f), (g) and (h) of Section 237 shall be applied.

Term of office, resignation, termination of office, filling the vacancy of the AttorneyGeneral of the Union and the Deputy Attorney-General
240.

(a)

The term of the Attorney-General of the Union and the Deputy AttorneyGeneral 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 expiryof 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

94
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 AttorneyGeneral 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 AttorneyGeneral in accord with the provisions of the Constitution relating to theappointment of the Attorney-General of the Union or the Deputy AttorneyGeneral. The term of the newly appointed Attorney-General of the Unionor the Deputy Attorney-General shall be the same as the remaining termof 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 toresignation 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 newelected President has appointed and assigned duties to the newAttorney-General of the Union or the Deputy Attorney-Generalin accord with the provisions of the Constitution .

(ii)

The term of the new appointed Attorney-General of the Unionand the Deputy Attorney-General shall be up to the expiry of theremaining 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.

95
Auditor-General of the Union and the Deputy Auditor-General241.

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 appointa person from among Hluttaw representatives or from among those whoare 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 prescribedin 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 aneminent accountant, statistician or economist.

(v)
(b)

person who is loyal to the Union and its citizens.

The person nominated by the President to be appointed as the AuditorGeneral of the Union shall not be refused by the Pyidaungsu Hluttaw unless

96
it can clearly be proved that the person concerned does not meet thequalification 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 theappointment 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 bedeemed that he has resigned from the day he is appointed as the AuditorGeneral of the Union.

(f)

If the Auditor-General of the Union is a Civil Services personnel, it shallbe 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 theUnion.

(g)

If the Auditor-General of the Union is a member of any political party, heshall 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 :

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(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 prescribedin 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 aneminent accountant, statistician or economist.

(v)
(b)

person who is loyal to the Union and its citizens.

The Deputy Auditor-General shall be responsible to the Auditor-Generalof 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 AuditorGeneral of the Union and the Deputy Auditor-General
245.

(a)

The term of the Auditor-General of the Union and the Deputy AuditorGeneral is normally the same as that of the President.

98
(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 expiryof 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 AuditorGeneral 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 AuditorGeneral in accord with the provisions of the Constitution relating to theappointment of the Auditor-General of the Union or the Deputy AuditorGeneral. The term of the newly appointed Auditor-General of the Unionor 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 toresignation 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 newelected President has appointed and assigned duties to the new99
Auditor-General of the Union or the Deputy Auditor-General inaccord 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 theremaining 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 toperform the duties of selecting, training the Civil services personnel andprescribing 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 prescribedin 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;

(c)

(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.

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 areappointed as Chairperson and Members of the Union Civil Services Boardof the Union.

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(d)

(e)
(f)

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.
The term of the Chairperson and members of the Union Civil Services
Board is normally the same as that of the President.
Formation of the Union Civil Services Board, duties, powers and rights of
the Chairperson and Members, resignation and termination of duties shallbe prescribed by law.
The Region Government or the State Government

247.

(a)
(b)

The Head of the Region or State shall be called the Chief Minister of theRegion or State.
The Member of the Region or State Government shall be called the Ministerof 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 isformed 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 Adovocate 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.

101
Executive powers of the Region or State Government
249.

Subject to the provisions of the Constitution, the executive power of the Region orState Government extends to the administrative matters which the Region or State Hlutttaw
has power to make laws. Moreover, it also extends to the matters which the Region orState 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 theUnion 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 theConstitution, 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 thegeneral expenditure included in the last-enacted Budget Law of the Region or State Hluttaw.

102
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 inaccord 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 orState 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, theirsubordinate 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 asnecessary;(b)

appoint the required number of Civil Services personnel.

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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 assignedby the Union Government.
Office of the Region or State Government
260.

The Head of the General Administration Department of the Region or State is theex-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;

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(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)
(b)

person who is loyal to the Union and its citizens.

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 Statenominated 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.

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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 nominatedby 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 SelfAdministered Division or the Self-Administered Zone in the Region
or State concerned;(iv)

obtain the list of Hluttaw representatives elected to carry out theaffairs of National races in the Region or State concerned fromthe 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 nominatedby 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 nominatedby 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.

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(d)

The Chief Minister of the Region or State has the right to submit again thelist 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 responsiblity.

(g)

The President shall :(i)assign duties to the Chairpersons of the Self-Administered Divisionand the Self-Administered Zone who are the Ministers of theRegion 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 Ministersof the Region or State, to perform the affairs of National races
concerned.

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(h)

The President shall relax the prescribed age limit under the Constitution inappointing 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 chargeof 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 otherduties apart from security and border affairs, obtain their list from theCommander-in-Chief of the Defence Services with the approval of theRegion or State Hluttaw concerned, submit it to the President.

(k)

The President shall intimate the appointments of the Chief Minister andMinisters of the Region or State to the Region or State Hluttaw concernedand 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 theChief 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 thesame as that of the President.

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(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 Ministersof 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 Ministerof the Region or State prescribed in the Constitution;

(v)
(b)

inefficient discharge of duties assigned by law.

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 thetotal 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.

109
(d)

When the charge is being investigated, the Chief Minister or Minister ofthe 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 theimpeachment of the Chief Minister or any Minister of the Region
or State by the Region or State Hluttaw concerned, the Speakerof 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 ofthe 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 theresolution to the President.

(ii)

The President, upon receipt of the report, shall remove theimpeached 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 fromoffice on his own volition due to a certain reason before expiry of the termof office, after submitting his written resignation to the President.

110
(b)

The President shall :(i)direct to resign the Chief Minister or Minister of the Region orState who cannot discharge his duties efficiently. If he fails tocomply, he shall be terminated from his duties;(ii)

co-ordinate with the Commander-in-Chief of the Defence Services
concerning the Denfence Services personnel who is Minister ofthe 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 provisionsof 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 theremaining 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 State265.

The Advocate-General of the Region or the Advocate-General of the State shallbe 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 theRegion or State Hluttaw concerned, appoint a person from among theRegion or State Hluttaw representatives or from those who are not the111
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 orState High Court; or person who has served as a judicial
officer or law officer for at least 10 years not lower thanthat of the District Level;

(bb)
(v)
(b)

person who has been an advocate for at least 15 years.

person loyal to the Union and its citizens.

The President, with the approval of the Hluttaw shall appoint a personfrom 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 orState nominated by the Chief Minister of the Region or State, to beappointed as the Advocate-General of the Region or State shall not berefused by the Region or State Hluttaw concerned unless it can clearly be112
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 thelist 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 theGovernment 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 theRegion 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, thesame 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 theRegion 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 theRegion 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.

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269.

Duties, powers and rights of the Advocate-General of the Region or State shall beprescribed by law.
Auditor-General of the Region or Auditor-General of the State270.

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 orState for at least five years not lower than that of the Region
or State Level; or person who has served as an auditor atleast 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 .

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(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 theRegion or State to the Region or State Hluttaw concerned instead of theone 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 theRegion or State concerned;(ii)

be responsible to the Auditor-General of the Union and to theChief 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 sameprocedure for the impeachment of the Chief Minister or any Minister of the Region orState under Section 263 shall be applied.

115
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 haveretired in case he is a Civil Services personnel.
274.

Duties, powers and rights of the Auditor-General of the Region or State shall beprescribed 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 SelfAdministered 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 SelfAdministered Zone are formed respectively in each and every SelfAdministered Division and the Self-Administered Zone. Such Leading
Bodies exercise legislative power vested under the Schedule Three of theConstitution.

(c)

Leading Bodies of the Self-Administered Division or the Self-Administered
Zone shall consist of at least 10 members.

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(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 theCommander-in-Chief of the Defence Services to assign duties
relating to Security or Border Affairs;(iii)

Additional representatives selected by persons stated in SubSection (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 thetownships 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 Chairpersonof the Self-Administered Division or the Self-Administered Zone
concerned.

(g)

The Chairperson of the Self-Administered Division or the SelfAdministered Zone is the ex-officio Minister in the Region or State
concerned. Except for the method of the appointment of the Minister ofthe Region or State, the other provisions of the Constitution shall be applied
to the Chairperson of the Self-Administered Division or Self-Administered
Zone.

117
(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 SelfAdministered 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 shallhave 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 SelfAdministered 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
personnels 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118
Self-Administered Zone shall have qualifications of the Region or State
(k)

(l)

Hluttaw representatives.
(i)
The Chairperson of the Leading Bodies of the Self-Administered
Division or Self-Administered Zone concerned shall declare thename of the members of the Leading Bodies of the SelfAdministered 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 Bodiesof the Self-Administered Division or Self-Administered Zone
shall be prescribed by law.
Duties, powers and rights of the Chairperson and members of the Leading
Bodies of the Self-Administered Division or Self-Administered Zone
shall be perscribed 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 SelfAdministered Zone has power to make law under Schedule Three;(b)on which the Leading Bodies of the Self-Administered Division or SelfAdministered Zone has power to implement in accord with any law
enacted by the Pyidaungsu Hluttaw;

119
(c)

on which the Leading Bodies of the Self-Administered Division or SelfAdministered 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 orState Government concerned in accord with the provisions of theConstitutions;(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 orState Hluttaw if the Region or State Hluttaw is unable to pass the Region
or State Budget Bill submitted by the Region or State Government.

120
280.

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

may, in accord with the law, supervise, co-operate andco-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 andthe 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 andthe Region or State Government concerned.
Office of the Leading Bodies of the Self-Administered Division or SelfAdministered 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 SelfAdministered 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 andtownships that are Nay Pyi Taw development territory, on the day theConstitution come into operation.

(b)

The President may change, if necessary, the demarcation of districts andtownships in Nay Pyi Taw which is the Union Territory.

121
Formation of the Nay Pyi Taw Council
285.

(a)

The Chairperson and members of the Nay Pyi Taw Council shall have thefollowing 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 prescribedin 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)
(b)

who have other qualifications prescribed by the President.

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 asnecessary.

(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.

122
(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 fromthe 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 theexisting 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 ormembers 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 memberof any political party, he shall not take part in its party activities during theterm 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 andmembers 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.

123
(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 terminatedfrom 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 toappoint and assign duties to a new Chairperson or member of the
Nay Pyi Taw Council in accord with the provisions of theConstitution. The term of the newly appointed Chairperson ormember 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 prescribedby 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.

124
Administration of ward and village-tract289.

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 inaccord 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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 SelfAdministered 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 thepowers of the Constitutional Tribunal and the Courts-Martial, the Superme Court of theUnion 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;

126(iii) in other disputes, except the Constitutional problems, among theRegions, among the States, between the Region and the State andbetween 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 thecourt of final appeal.
(c)

The judgments of the Supreme Court of the Union are final and conclusiveand 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, theSupreme Court of the Union also has the appellate jurisdiction to decidejudgments 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 thestate of emergency is declared.

127
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 inaccord 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 Justiceof the Union.

(b) Judges of the Supreme Court of the Union including the Chief Justice of theUnion may be appointed in the Supreme Court from a minimum of sevenand a maximum of 11 in number.
(c)

(i)

The President shall submit the nomination of the person suitable to beappointed 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 theUnion and Judges of the Supreme Court of the Union unless it canclearly be proved that the persons do not meet the qualifications forthe post prescribed in Section 301.

128(iii) The President has the right to submit again the list furnished with a newname 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 nominatedby 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 qualificationsprescribed 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 newname replacing the one who has not been approved by Pyidaungsu
Hluttaw for the appointment of a Judge of the Supreme Court of theUnion.
(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.

129(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 theappointment 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 Courtof the Union

301.

The Chief Justice of the Union and Judges of the Supreme Court of the Union shallbe 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 forat 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;

130
(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 Courtof 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 bodyand cause the charge to be investigated in accord with the law;(iii) in forming the investigation body, an equal number of representativesof 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;

131
(v)

the President may, himself in person or through a representative, explain
and present the charge before the investigation body and has also theright to submit evidence and witnesses;(vi) when the charge is being investigated, the person being charged shallbe given the right to defend himself in person or through a representative;(vii) the Speaker of the Pyidaungsu Hluttaw shall, on being submitted thefindings of the investigation concerning the impeachment by theinvestigation 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 tocontinue to serve as the Chief Justice of the Union or a Judge of theSupreme 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, theSpeaker 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 VicePresident under Section 71 shall be applied;

132
(ii)

the President shall, if the Hluttaw which made the investigation resolves
and reports that the charge made upon the Chief Justice of the Unionor any Judge of the Supreme Court of the Union has been substantiatedand 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 theSupreme 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 andremoved 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)
304.

death.

Duties, powers and rights of the Chief Justice of the Union and Judges of theSupreme Court of the Union shall be prescribed by law.

133
High Courts of the Region or High Courts of the State
Formation of High Courts of the Region or High Courts of the State305.

There is the High Court of the Region in the Region and the High Court of theState 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 theRegion or State concerned is the High Court of the Courts situated in thesaid Union Territory.
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 theRegion or the Chief Justice of the High Court of the State.

134
(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 Unionand the Chief Minister of the Region or State concerned, shallprepare the nomination for the appointment of the Chief Justice ofthe 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 theappointment of the Judges of the High Court of the Region orState 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 torefuse the person or persons nominated by the President, in coordination with the Chief Justice of the Union and the Chief Ministerof 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 theRegion or State concerned, in co-ordination with the Chief Justiceof the Union, for the appointment of Judges of the High Court of
the Region or State concerned unless it can clearly be proved thatthe person does not meet the qualifications prescribed under Section
310 for the Chief Justice of the High Court of the Region or Stateand the Judge of the High Court of the Region or State.

135
(iii)

There is the right to resubmit a new nomination list as prescribedin place of the persons who are refused under Sub-Section (ii).

(iv)

The President shall appoint persons approved by the Region orState Hluttaw as the Chief Justice of the High Court of the Region
or State concerned and Judges of the High Court of the Region orState concerned.

309.

(a)

The Chief Justice of the High Court of the Region or State and Judges ofthe 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 ofthe 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 theexisting Civil Service Regulations commencing from the day they havebeen appointed as the Chief Justice of the High Court of the Region orState 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 Courtof the State310.

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, prescribedunder Section 120 for the Pyithu Hluttaw representatives;

136
(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 thanthat 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 Courtof the State

311.

(a)

The Chief Justice of the High Court of the Region or State or Judges ofthe High Court of the Region or State may be impeached on any of thefollowing reasons :(i)high treason;(ii)

breach of any provision of the Constitution;(iii)

misconduct;

137
(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 theRegion or State prescribed under Section 310;

(v)
(b)

inefficient discharge of duties assigned by law.

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 orState Hluttaw.

(c)

If the representatives of the Region or State Hluttaw wish to impeach theChief 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 representativesof the Region or State Hluttaw concerned shall be submitted to the Speakerof the Region or State Hluttaw concerned.

(d)

The Speaker of the Region or State Hluttaw shall form an investigationbody and cause the charge to be investigated in accord with the law. The
time for the completion of the investigation shall be determined on thevolume 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, aninvestigation body shall be formed with the representatives of theRegion or State Hluttaw concerned and a suitable person fromamong the members of the investigation body shall be assigned as
the Chairperson.

138
(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 theright to submit relevant evidences and witnesses.

(f)

When the charge is being investigated, the person being charged shall begiven the right to defend himself in person or through a representative.

(g)

The Speaker of the Region or State Hluttaw shall, on being submitted thefindings of the investigation concerning the impeachment by theinvestigation 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 tocontinue to serve as the Chief Justice of the High Court of the Region orState or a Judge of the High Court of the Region or State by two-thirds ofthe total number of the representatives of the Region or State Hluttaw, if itis the case concerning the Chief Justice of the High Court of the Region orState, the said resolution is submitted to the President and if it is the caseconcerning 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.

139
(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 caseconcerning 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 theState and Judges of the High Court of the Region or High Court of the State312.

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 thefollowing occurs :(a)resignation on his own volition;(b)being impeached in accord with the provisions under the Constitution andremoved 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)

313.

death.

Duties, powers and rights of the Chief Justice of the High Court of the Region orState and the Judges of the High Court of the Region or State shall be prescribed by law.

140
Courts under the Supervision of the High Court of the Region or the High Courtof the State
314.

The following levels of Courts are under the supervision of the High Court of theRegion or State :
(a)

(b)

if there is no Self-Administered Areas in the Region or State :(i)District Courts;(ii)

Township Courts.

if there is Self-Administered Areas in the Region or State :
(i)

(ii)

(iii)

(c)

(d)

In the Self-Administered Division :(aa)

Court of the Self-Administered Division;(bb)

Township Courts.

In the Self-Administered Zone :(aa)

Court of the Self-Administered Zone;(bb)

Township Courts.

In the remaining areas :(aa)District Courts;(bb)

Township Courts.

In the Union Territory :(i)District Courts;(ii)

Township Courts.

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 criminalcases, original civil cases, appeal cases, revision cases or matters prescribed by any law.

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316.

Township Courts, in accord with the law, have the jurisdiction relating to originalcriminal cases, original civil cases or matters prescribed by any law.
317.

The Judges appointed in accord with the law at the Courts formed by theConstitution 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 supervisionof 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 Stateand other Courts, and prescribing duties, powers and rights shall be inaccord 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.

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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 threemembers chosen by the Speaker of the Amyotha Hluttaw, and one member from amongnine members to be assigned as the Chairperson of the Constitutional Tribunal of theUnion, 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, theRegion Hluttaw, the State Hluttaw or the Self-Administered Division
Leading Body and the Self-Administered Zone Leading Body are inconformity with the Constitution or not;(c)vetting whether the measures of the executive authorities of the Union, theRegions, 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;

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(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 Unionin accord with the prescribed procedures and shall obtain a resolution. In respect of thesaid 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 andconclusive.
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)
(c)
(d)
(e)
(f)

the Speaker of the Pyidaungsu Hluttaw;
the Speaker of the Pyithu Hluttaw;
the Speaker of the Amyotha Hluttaw;
the Chief Justice of the Union;
the Chairperson of the Union Election Commission.

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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 Unionin 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 representativesof 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 formembers of the Constitutional Tribunal of the Union by the President unless it can clearlybe proved that they are disqualified.
329.

The President has the right to submit again, in accord with the provisions of theConstitution, 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 theUnion.
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;

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(b)

if he is a Civil Services personnel, be deemed to have retired from theCivil Services in accord with the existing Civil Services Regulationscommencing from the day he has been appointed as a member of theConstitutional 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 theUnion 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, prescribedin Section 120 for Pyithu Hluttaw representatives;

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(c)

person whoes 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 Tribunalof 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.

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(b)

If the Chairperson or any member of the Constitutional Tribunal of theUnion 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
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 theUnion, 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 prescribedby law.

Chapter VII
Defence Services

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 andexternal 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 Unionand 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

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 theUnion 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 andshall 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.

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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 assigningduties to civil service personnel, not discriminate for or against any citizen of the Republicof the Union of Myanmar, based on race, birth, religion, and sex. However, nothing in thisSection 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 andpersonal 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 tranquility 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 Republicof the Union of Myanmar according to law.

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356.

The Union shall protect according to law movable and immovable properties ofevery 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 thisConstitution.
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 thegreat 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.

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364.

The abuse of religion for political purposes is forbidden. Moreover, any act whichis 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 promulgatedto 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 withcreativity and write to develop the arts and conduct research freely otherbranches of culture.

367.

Every citizen shall, in accord with the health policy laid down by the Union, havethe 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.

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369.

(a)

Subject to this Constitution and relevant laws, every citizen has theright 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 theUnion, 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 toprivate invention and patent in the conducting of business if it is not contrary to the provisionsof this Constitution and the existing laws.
373.

Any person who committed a crime, shall be convicted only in accord with therelevant law then in operation. Moreover, he shall not be penalized to a penalty greaterthan 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.

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376.

No person shall, except matters on precautionary measures taken for the securityof the Union or prevalence of law and order, peace and tranquility in accord with the law
in the interest of the public, or the matters permitted according to an existing law, be heldin 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 :

(b)

(1)

Writ of Habeas Corpus;(2)

Writ of Mandamus;(3)

Writ of Prohibition;(4)

Writ of Quo Warranto;(5)

Writ of Certiorari.

The right to issue writs by the Supreme Court of the Union shall not affectthe 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.

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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 :

382.

(a)

in time of foreign invasion;(b)

in time of insurrection;(c)in time of emergency.

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 andsecurity, 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 provisionsof the law and to serve in the Armed Forces to defend the Union.

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387.

Every citizen, with the Union Spirit, has the duty to enhance unity among nationalraces 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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 theelection commences, who is not disqualified by law, who is eligible tovote, and person who has the right to vote under the law, shall have theright to vote;(b)
every citizen who is eligible to vote and person who has the right to vote

(c)

(d)
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 acompetent Court;(d)persons who have not yet been declared free from insolvent;
(e)

393.

under the law shall cast a vote only for each Hluttaw at a constituency inan election;
Moreover, the relevant national races having right to vote in accord withthe provisions contained in this Constitution have also the right to vote toelect Hluttaw representatives of national races for their Region or State
Hluttaw;
secret balloting system shall be practised.

persons disqualified by election law.

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.

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394.

(a)

The electorate residing in the Union Territory or Union Territories
designated by enactment of Pyidaungsu Hluttaw law have the right toelect the Pyithu Hluttaw and Amyotha Hluttaw representatives only.

(b)

A Region or State Hluttaw representative elected from a territory designatedas a Union Territory through enactment of a Pyidaungsu Hluttaw law, saveas otherwise provided by the law, shall not continue to stand as arepresentative 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)
(b)

inefficient discharge of duties assigned to.

A minimum of one percent out of the original voters of the electorate of theconstituency concerned shall submit the complaint to the Union Election
Commission against the Hluttaw representative on whom it wishes to recall.

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(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 anagent.

(e)

If the Union Election Commission considers that the allegation is true andthat the alleged person should not continue to serve as a Hluttaw
representative any longer, the Union Election Commission shall proceedin 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 thechairman 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 bepersons who :(1)have attained 50 years of age;(2)

with the exception of the age limit, shall have the qualificationsprescribed 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 ofthe High Court of the Region or State or a similar position
for a minimum of five years; or

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(bb)

have served in the position of the judicial officer or thelaw officer not lower than the rank of the Region or Statelevel 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 ofelection 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;

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(f)

prescribing rules relating to elections or political parties in accord with theprovisions 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 inaccord 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)
(b)

inefficient discharge of duties assigned to.

Impeachment shall be conducted in accord with the procedure laid downin this Constitution relating to the impeachment of the Chief Justice of theUnion 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,

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the President may appoint a new Chairman, or a member of the Union
Election Commission in accord with the provisions of appointment of aUnion 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 appointmentof 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 thefollowing matters shall be final and conclusive :(a)election functions;(b)appeals and revisions relating to the resolutions and orders of the election
tribunals;

(c)
403.

matters taken under the law relating to political party.

Duties, powers and privileges of the Chairman and members of the Union Election

Commission shall be prescribed by law.

Chapter X
Political Parties

Chapter X

POLITICAL PARTIESFormation of the Political Parties
404.

A political party shall :(a)

set the objective of non-disintegration of the Union, non-disintegration ofnational solidarity and perpetuation of sovereignty;

(b)
405.

be loyal to the State.

A political party shall :(a)accept and practise a genuine and discipline-flourishing multi-party
democratic system;

406.

(b)

abide by and respect this Constitution and the existing laws;(c)form and register as a political party in accord with the law.

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 ofcontinued existence :(a)having been declared an unlawful association under the existing law;(b)

directly or indirectly contacting or abetting the insurgent group launchingarmed 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;

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(c)

directly or indirectly receiving and expending financial, material and otherassistance from a foreign government, a religious association, otherassociation or a person from a foreign country;

(d)
408.

abusing religion for political purpose.

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 XIProvisions on State ofEmergency

Chapter XIProvisions 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 ordinanceand 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 SelfAdministered 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 legislatedby 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 bodysubmits 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

166state or a Union Territory or a Self-Administered Area, after co-ordinatingwith 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 SubSection (a), the President may declare in time a state of emergency after
co-ordinating with the Commander-in-Chief of the Defence Services, theDeputy Commander-in-Chief of the Defence Services, the Minister for
Defence, and the Minister for Home Affairs who are members. The saiddeclaration 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 existinglaws in order to quickly restore to its original situation in an area where thedeclaration 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 oflaw and order shall be conferred on the Commander-in-Chief of the
Defence Services. The Commander-in-Chief of the Defence Services may

167
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 stateof 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 inoperation.

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 thatmay disintegrate the Union or disintegrate national solidarity or that may cause the loss ofsovereignty, 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

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emergency in operation is the entire Nation and the specified duration is one year from theday 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 ofthe Defence Services to enable him to carry out necessary measures tospeedily restore its original situation in the Union. It shall be deemed thatthe 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 fromthe day of transfer of the sovereign power to the Commander-in-Chief ofthe Defence Services, it shall be deemed that the members appointed andassigned duties by approval of the relevant Hluttaws in accord with theConstitution, Self-Administered Division Leading Bodies or the membersof 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 powerhas 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.

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420.

The Commander-in-Chief of the Defence Services may, during the duration of thedeclaration 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 theextension of the prescribed duration by giving reasons why he has not yet
been able to accomplish the duties assigned to him, and after co-ordinatingwith the National Defence and Security Council, normally permit two
extensions of the prescribed duration for a term of six months for eachextension. The matter relating to the extension shall be reported to theemergency 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 theordinance 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 daythat the submission of the report of the Commander-in-Chief of the Defence Services isreceived if that term of the Pyidaungsu Hluttaw has expired.

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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 thenbe 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 VicePresidents, 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 ofthe 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 aterm of six months for each extension.
426.

The National Defence and Security Council shall, concerning the matter oftransferring 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 theannulment of the ordinance transferring the sovereign power to him under Section 418 onreceiving the report that the Commander-in-Chief of the Defence Services has
accomplished the duties assigned to him.

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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 formedin accord with the provisions in this Constitution. In exercising thereof, thelegislative 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 SelfAdministered 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 fromthe 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.

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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 thesecurity, stability, community peace and tranquility 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 ofthe 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

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 approvalof more than seventy-five percent of all the representatives of the
Pyidaungsu Hluttaw, after which in a nation-wide referendum only withthe votes of more than half of those who are eligible to vote.

174
(b)

Provisions other than those mentioned in Sub-Section (a) shall beamended only by a vote of more than seventy-five percent of all the
representatives of the Pyidaungsu Hluttaw.

Chapter XIIIState Flag, State Seal, National
Anthem and the CapitalChapter XIIIState Flag, State Seal, National Anthem and Capital
437.

438.

(a)

The State Flag shall be as shown below :(b)

Law shall be promulgated concerning the State Flag.

(a)

The State Seal shall be as shown below :(b)

Law shall be promulgated concerning the State Seal.

176

439.

440.

(a)

The present National Anthem shall be prescribed as the National Anthem.

(b)

Law shall be promulgated concerning the National Anthem.

The Capital of the Republic of the Union of Myanmar is Nay Pyi Taw.

Chapter XIV
Transitory Provisions

Chapter XIV

TRANSITORY PROVISIONS
441.

A nation-wide referendum held for adoption of this Constitution where more thanhalf 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 bedeemed 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 theemergence 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.

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445.

All policy guidelines, laws, rules, regulations, notifications and declarations of theState 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 andthe 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 thisConstitution 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 andunless 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 thisConstitution comes into operation, shall continue in their functions unless otherwiseprescribed by the Government of the Republic of the Union of Myanmar.

Chapter XVGeneral Provisions

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 andadministration 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 bemade 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 ofthe 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 andconditions;

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(b)

permit a co-operative organization, economic organization and an
individual person to form a joint venture with the Government of the Unionor 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 theGovernment 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 beenbrought against the Government of the Union of Myanmar before thisConstitution comes into operation, may be brought against the Governmentof the Union of Myanmar.

(b)

The Republic of the Union of Myanmar may sue and be sued in the nameof the Republic of the Union of Myanmar.

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SCHEDULE ONE
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 tranquility of the Union and prevalence of law andorder; and

(g)

2.

Police force.

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 andimplementation of resolutions thereof;(d)Conclusion and implementation of international and regional treaties,
agreements, conventions and bilateral agreements and treaties;

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(e)

Passports and identification certificates;(f)Visas, admission into the Republic of the Union of Myanmar, stay,departure, immigration and deportation; and(g)3.

Extradition and request for extradition.

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.

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4.

5.

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.

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 researchworks.

6.

Energy, Electricity, Mining and Forestry Sector(a)Petroleum, natural gas, other liquids and substances declared by the Union
Law to be dangerously inflammable;

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(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;

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(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 similarmeans of communication; and(n)Television, satellite communication, transmission and reception, and similarmeans 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 thehomeless;(m)Relief and rehabilitation;

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(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 archaeologicalworks;(ii)(t)

Museums and libraries.

Literature, dramatic arts, music, traditional arts and crafts, cinematographic
films and videos; and

(u)
10.

Registration of births and deaths.

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.

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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 andoffences against the international law on land or in international waters orin outer space.

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SCHEDULE TWO
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 orState;

2.

(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.

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 withlaw enacted by the Union.

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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 useof natural fertilizers;(d)Agricultural loans and savings;(e)Dams, embankments, lakes, drains and irrigation works having the rightto 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 thathave the right to be managed by the Region or State not having any linkwith national power grid, except large scale electric power production
and distribution having the right to be managed by the Union;

5.

(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.

Industrial Sector(a)Industries other than those prescribed to be undertaken by the Unionlevel; and(b)

Cottage industries.

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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)
7.

Systematic running of private vehicles within the Region or State.

Social Sector(a)Matters on traditional medicine not contrary to traditional medicine policies
prescribed by the Union;

8.

(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.

Management Sector(a)Development matters;(b)Town and housing development; and(c)

Honorary certificates and awards.

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SCHEDULE THREE
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 Health4.

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

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SCHEDULE FOUR
Form of Oaths or Affirmation(Refer to Section 125)

I ................ do solemnly and sincerely promise that as an elected representativeof the Pyithu Hluttaw/ the Amyotha Hluttaw/ the Region or State Hluttaw, I will upholdand abide by the Constitution of the Union. I will be loyal to the Republic of theUnion of Myanmar and citizenry and hold always in esteem non-disintegrationof 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.

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SCHEDULE FIVE
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 ora State.

8.

Fees, taxes and other revenues collected on services enterprises by a Region or a
State.

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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 otherrevenues.

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 ora State:(a)Taxes collected on all other woods except teak and other restricted hardwoods;(b)

Taxes collected on firewood, charcoal, rattan, bamboo, birdnests, 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.