In accordance with the provisions of the Constitution, the region or state government shall have the right
to submit to the Region or State Hluttaw the necessary Billrelevant to the matters
embodied in the Region or State Legislative List

YANGON, 10 March — The following is the clarification made by Member of the National Convention Convening Work Committee Supreme Court Judge U Tin Aye, on behalf of the Chairman of the National Convention Convening Work Committee, on executive power of region or state governments for laying down detailed basic principles for the sharing of legislative and judicial powers to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 7 March.

I will continue to present what the Work Committee has observed in connection with the submission of Bills by the region or state government to the Region or State Hluttaw.

I have presented a detailed basic principle to be laid down that the executive authority of the region or state government, if it is subject to the provisions of the Constitution, extends to the matters with respect to which the Region or State Hluttaw has power to make laws.

The Constitution will include two separate legislative lists: one to be promulgated by the Pyidaungsu Hluttaw and the other by the Region or State Hluttaw.

The region or state government therefore is required to draft a Bill first when the need arises to enact law concerning the matters embodied in the Region or State Legislative List. After drafting the Bill, it should be submitted to the Region or State Hluttaw with good cause and reason in accordance with the provisions of the Constitution. Only when the Region or State Hluttaw has put it under discussion and approved it can the Bill be promulgated as law.

The sectors categorized in the Region or State Legislative List are finance and planning; economy; agriculture and livestock breeding; energy, electricity, mining and forestry; industry; transport, communication and construction; social affairs; and management. Each sector contains salient points, in which the types of tax revenues that can be collected are expressed. The region or state government therefore has the right to submit to the Region or State Hluttaw concerned in accordance with the provisions of the Constitution the Bills relevant to the types of tax revenues mentioned in each sector. In this context, members of the region or state government are responsible to explain, on behalf of their respective governments, their Bills to the Region or State Hluttaw concerned.

According to the Constitution, the region or state government, on an occasional basis, will have the duty to write necessary laws related to the matters embodied in the Region or State Legislative List and to submit them. Moreover, the region or state government will also have the duty to write and submit as necessary the Amendment Bills and the Bills for the Annulment of Laws after scrutinizing the laws which are no longer in consistence with the changing condition and those which are no longer in need out of the laws enacted by the Region or State Hluttaw. According to the provisions of the Constitution, the region or state government is to undertake its duty to write and submit Bills for the matters with respect to which law should be made.

In connection with the writing and submission of Bills by the region or state government, it is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

“In accordance with the provisions of the Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.”

To be in accordance with law when the region or state ministries and their subordinates discharge their respective duties, the region or state government should be vested with the powers and functions to manage, guide, supervise and inspect them. I will present what the Work Committee has found in connection with this matter.

The powers and functions of the region or state government originate from the provisions of the Constitution. According to laws to be promulgated in accordance with the Constitution, according to laws to be promulgated in accordance with the matters embodied in the Union Legislative List, or according to laws to be promulgated in accordance with the matters embodied in the Region or State Legislative List, there will emerge tasks to be undertaken by the region or state government, or tasks to be undertaken by the region or state ministry. Moreover, the region or state government concerned and ministries concerned are to take charge of their respective duties.

Constant supervision should be given to ministries, governmental departments and organizations, whose functions are subject to the provisions of the Constitution. Moreover, they are responsible to supervise to ensure that these orders and functions are in accordance with the provisions of the region or state laws. Directive should be provided if need be. It is therefore necessary for the region or state government to submit regular or special reports on the functions of their subordinate bodies.

The region or state government is to run a check on whether its subordinates conduct their functions in accordance with the Constitution, or existing laws, or rules and regulations, procedures, orders and directives born out of these laws. In case of failure to follow any of them, necessary management or directives should be provided. Only then will the functions of the subordinate government organizations of the region or state ministries be in harmony with the powers entrusted. Only then will they serve the interests of the country and the people.

The region or state government is required to make the tasks for supervision, inspection, cooperation and coordination as necessary to ensure that civilian service personnel of the Union government, civilian service personnel of the region or state government; and civilian service personnel of the self-administered division or zone leading bodies participate in undertaking the duties assigned. Only then will the region or state government be able to effectively carry out the tasks in the interest of the Union.

It is therefore necessary to discuss or suggest as to whether or not a detailed basic principles should be laid down as follows:

“The region or state government shall —

(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of the Constitution, or with those of the existing laws.

(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.”

I will continue to present what the Work Committee has found in connection with the powers and functions to be vested in the region or state government to form civilian services, to designate their lines of duty, and to employ the required number of staff.

The detailed basic principle that has been suggested to lay down in connection with the executive power of the region or state government is that “The executive power of the region or state government, if it is subject to the provisions of the Constitution, extends to matters with respect to which the Region or State Hluttaw can make laws as well as to matters with respect to which the region or state government can implement according to any Union Law”.

The region or state government is responsible to practise the powers and functions vested in it according to the provisions of the Constitution, or according to the laws which are still in effect by the time the Constitution comes into force, or according to any of the Union Law, or according to the laws enacted by the Region or State Hluttaw in connection with the matters embodied in the Region or State Legislative List.

The region or state government is therefore to allocate the powers and functions vested in it according to law to the region or state ministries to enable them to act on its behalf. As is known to all, the President of the State can designate the region or state ministries as necessary with the approval of the Region or State Hluttaw, and can make changes in and addition to the designated ministries as necessary.

The region or state government ministries should have the right to form necessary civilian service organizations and make such organizations act on their behalf with the use of the powers and functions allocated to them according to law.

The region or state government should have the power to appoint the required number of staff at the civil service organizations of the region or state so that respective ministries can undertake the tasks under its charge. Staff should be appointed only after coordination with the Union government to ensure that the members of staff at different levels secure deserving rights the same as the staff of the Union, that the appointment of staff does not become a burden for the region or state government concerned, and that it is in accordance with the Union Law for State Civil Service.

In connection with the setup of civil service organizations and the appointment of civil service staff by the region or state government, it is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

“To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall —

(a) establish civil service organizations of the region or state as necessary;

(b) appoint the required number of civilian staff.”

I will now present what the Work Committee has found in connection with the functions of the region or state government to implement the resolutions passed by the Region or State Hluttaw, and the functions of the region or state government to submit to the Region or State Hluttaw the entire affairs of their regions or states.

I have suggested a detailed basic principle that the executive authority of the region or state government extends to the matters with respect to which the Region or State Hluttaw can make laws. The executive authority of the region or state government therefore correlates with the legislative authority of the Region or State Hluttaw.

According to the laws enacted by the Region or State Hluttaw, the region or state government will have the powers and functions to practise. The region or state government should submit to the Region or State Hluttaw concerned the reports on the measures taken in accordance with law in the interest of the State as well as the region or state of their own. Only then will the region or state government and the Region or State Hluttaw, in exercise of their respective powers, become interdependent with mutual respect.

By exercising the legislative power embodied in the Constitution, the Region or State Hluttaw should have not only the right to promulgate necessary laws for the region or the state but also the right to make decisions in the interest of the region or the state. When the Region or State Hluttaw makes administrative decisions, the region or state government concerned is responsible to take necessary measures to implement them.

In this context, the region or state government is required to submit to the Hluttaw concerned as well as to the Union government the report on progress of measures taken for the implementation of the resolutions passed by the Region or State Hluttaw. Only then will the Union government be able to keep in touch with the entire conditions of regions and states across the Union.

As an organ responsible for all-round development tasks in its own area, the region or state government should be tasked to submit progress reports to the Region or State Hluttaw concerned on a regular basis. Only then will the region or state government and the Region or State Hluttaw concerned, in exercise of their respective powers, executive and legislative, become interdependent with mutual respect.

It is therefore necessary to discuss and suggest as to whether or not detailed basic principles should be laid down as follows:

The region or state government shall —

(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.

(b) submit the report on the entire affairs of their areas to the Union government and to the Region or State Hluttaw concerned.

Only when the Union government and the region or state government implement the administrative tasks against time will the State and the people benefit from it. The Union government will promulgate policies and directives relevant to time and condition in the interest of the State and the people. The region or state government is responsible to implement such policies and directives by putting into practice the powers vested in them. It is therefore assumed that the region or state government should be tasked to implement what the Union government assigns on an occasional basis.

It is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

The region or state government shall implement the tasks occasionally assigned by the Union government.

I will now sort out the detailed basic principles that should be adopted in connection with the executive authority vested in the region or state government and the powers and functions relevant to that authority.

1. Subject to the provisions of this Constitution, the executive power of the region or state government extends to the matters with respect to which the region or state hluttaw has power to make laws. Moreover, in such manner, the executive power of the region or state government also extends to the matters with respect to which the region or state government has been allowed to carry out in accord with any of the Union laws.

2. The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law.

3. Subject to the policies adopted by the Union Government and Union laws, the region or state governments shall implement the projects in connection with the task to be implemented in the respective regions or states with the approval of the region or state hluttaws.

4. Region or state governments shall submit to the respective hluttaws of the regions and states the budget bill of the regions and states concerned based on the annual budget of the Union Government in accord with the provisions in the Constitution.

5. If the region or state hluttaw cannot pass the bill on the budget of the region or state submitted by the region or state government concerned, the said region or state government shall have the right to use the funds of the current expenditure included in the last-enacted budget law of the region or state hluttaw.

6. In accordance with the provisions of the Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.

7. The region or state government shall —

(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of the Constitution, or with those of the existing laws.

(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.

8. To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall —

(a) establish civil service organizations of the region or state as necessary;

(b) appoint the required number of civilian staff.

9. The region or state government shall —

(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.

(b) submit the report on the entire affairs of its area to the Union government and to the Region or State Hluttaw concerned.

10. The region or state government shall implement the tasks occasionally assigned by the Union government.

I would like to conclude by repeating whether or not detailed basic principles should be laid down as have just been clarified in connection with the executive authority of the region or state government and the powers and functions relevant to that authority.

Clarification on executive power of leading body of division or zone presented by National Convention Convening Work Committee Chairman U Aung Toe and on State Service Personnel presented, on behalf of Chairman of the National Convention Convening Work Committee, by Vice-Chairman of the Work Committee Attorney-General U Aye Maung will be published in the newspapers to be issued on 12 March.