Harming and jeopardizing of the fundamental rights bestowed by the Constitution is indeed violation of the provisions of the criminal law

YANGON, 10 Jan— The following is a translation of presentation on clarifications of National Convention Convening Work Committee Chairman concerning the detailed basic principles for the Chapter Citizenship, Fundamental Rights and Duties of Citizens to be included in the State Constitution by member of National Convention Convening Commission Deputy Minister for Information U Thein Sein at the plenary session of the National Convention this morning.

Generally, the harming and jeopardizing of the fundamental rights bestowed by the Constitution is indeed violation of the provisions of the criminal law, so action shall be taken against such a violator in accord with the law. In this regard, there should be an authoritative body to enable an affected person to receive effective and prompt protection as well as to remedy his deprivations in such a matter that the harming of a fundamental right for which taking action under a criminal law is not sufficient. It is found that many of the nations that exercise democratic system vested power in the Supreme Court to issue writs to handle such a case.

According to the 1947 Constitution of our nation, the power to issue writs was vested in the Supreme Court. When the Supreme Court found out that a fundamental right was harmed, it issued a writ to revoke or amend the wrong judgment of the court concerned. Among the detailed basic principles on judiciary the National Convention has laid down for State principles are- In the State is constituted one Supreme Court of the Union

- The Supreme Court of the Union is the supreme law court of the State

- The Supreme Court of the Union is vested with the power to issue writs.

The National Convention has laid down a detailed basic principle that in the State is constituted one Supreme Court of the Union. But, vesting the Supreme Court of the Union with the power to issue writs should not affect the power of other courts to issue orders that is likely to be the power vested according to an existing law to issue writs. The power to issue writs shall not be suspended unless, in times of war, invasion, rebellion, insurrection or grave emergency, the public safety may so require. In carrying our tasks, some citizens may have to deal with foreign countries. Such citizens, at home or abroad, should have the right to seek protection of the State.

If there are, of the rights prescribed in this chapter, some rights that need to be restricted or revoked, they should be done so only after the enacting of a necessary law for members who are discharging national defence duties, or duties for prevalence of law and order and State security to be able to discharge their duties effectively with discipline. The 1947 Constitution carried some provisions on similar matters.

So, regarding the rights to enforce remedies according to the Constitution, discussions are to be held and suggestions to be made so as to assess the point that the detailed basic principle—

“1. The right to move the Supreme Court of the Union by appropriate proceedings for the enforcement of any of the rights conferred by this Chapter is hereby guaranteed

2. The Supreme Court of the Union shall have the power to issue the following writs as appropriate in a matter to enforce the rights bestowed by this Constitution;

(a) Writs of Habeas Corpus

(b) Writs of Mandamus

(c) Writs of Prohibition

(d) Writs of Quo Warranto

(e) Writs of Certiorari

The vesting of the Supreme Court of the Union with the power to issue writs should not affect the power of other courts to issue orders that is likely to be the power vested according to an existing law to issue orders

3. In times of the following situations, the power to issue writs shall not be suspended unless the public safety may so require. In carrying our tasks, some citizens may have to deal with foreign countries. Such citizens, at home or abroad, should have the right to seek protection of the State.

(a) in time of war,

(b) in time of invasion,

(c) in time of rebellion;

4. Every citizen, at home or abroad, dealing with foreign countries shall have the right to seek protection of the State;

5. Except the following situations, the right to enforce remedies prescribed by law shall not be suspended regarding the deprivation of citizens—

(a) in time of invasion,

(b) in time of rebellion,

(c)in time of insurrection or grave emergency,

6. If there are, of the rights prescribed in this chapter, some rights that need to be restricted or revoked, they should be done so only after the enacting of a necessary law for members who are discharging national defence duties, or duties for prevalence of law and order and State security to be able to discharge their duties effectively with discipline”

should be adopted or not.