The national races
of the Union of Myanmar have the right to solve their problems at the initial
stage in accord with their own traditions and customs, except from the legally
restricted cases
YANGON, 13 DecThe following is the presentation on
clarifications of National Convention Convening Work Committee Chairman on
adoption of detailed basic principles for the sharing of judicial powers
included in the sharing of executive and judicial powers for formulating State
Constitution by National Convention Convening Commission Member Deputy Minister
for Information U Thein Sein at the plenary session held yesterday at
Nyaunghnapin Camp in Hmawby Township, Yangon Division.
The plenary session of the National Convention, held on 8
March 2005 the Work Committee Chairman explained the detailed principles on the
judicial power.
Delegate group of nationalities, delegate group of peasants,
delegates group of workers, delegates group of intellectuals and intelligentsia,
delegates group of State service personnel and delegate group of other invited
persons, and delegate group of political parties Union Pa-O National
Organization. Mro or Khami National Solidarity Organization, Lahu National
Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa
National Development Party suggested that the following detailed basic
principles should be laid down for the judicial power.
1. (a) The Supreme Court of the Union shall have the
exclusive original jurisdiction
(1) in all matters arising under any treaty made by the
Union;
(2) the disputes, other than the constitutional disputes,
between the Union Government and region or state governments,
(3) the disputes, other than the constitutional disputes,
among the regions, among the states, between regions and states and between
Union territories and regions or states
(4) other matters prescribed by any laws
(b) as the Supreme Court of the Union is the highest court of
the Union, it is also the final court of appeal
(c) as the judgments passed by the Supreme Court of the Union
are final and conclusive, no right of appeal shall be permitted
(d) The Supreme Court of the Union, subject to any provisions
of this Constitution or any provisions of other laws, shall have the appellate
jurisdiction to decide on the judgments passed by the region or state high
courts. The Supreme Court of the Union shall also have the appellate
jurisdiction to decide on, according to the law, the judgments passed by other
courts.
(e) The Supreme Court of the Union shall have the revisional
jurisdiction in accordance with law.
2. (a) The Supreme Court of the Union has the power to issue
the following writs:
(1) Writ of habeas corpus
(2) Writ of mandamus
(3) Writ of prohibition
(4) Writ of quo warranto
(5) Writ of certiorari
(b) The application to issue writs shall be suspended in the
areas where the state of emergency is declared.
3. The courts of regions or states are vested with the
following jurisdiction in accordance with law:
(1) adjudicating on original case
(2) adjudicating on appeal case
(3) adjudicating on revision case
(4) adjudicating on matters vested by any law
4. (a) With regard to the judicial matter, Yangon Region High
Court is the high court of the courts situated in Yangon City and Cocogyun
Township.
(b) In case any area located in regions or states is
designated to be a Union territory, the region or state high court concerned
with regard to the judicial matter is the high court of the courts situated in
the said Union territory.
5. District courts, self-administered division courts and
self-administered area courts have the jurisdiction with regard to original
criminal cases, original civil cases, or appeal cases and revision cases, or the
matters vested by any law.
6. Township courts have the jurisdiction with regard to
original criminal cases, original civil cases, or the matters vested by any law.
7. The judges appointed in accordance with law are to take
charge of the entire judicial affairs in the Union at the courts formed
according to this Constitution or any of other laws.
8. The Supreme Court of the Union shall submit judiciary
budget to the Union government to express them in the Bill of the Annual Union
Budget in accordance with the provisions embodied in this Constitution.
9. The Chief Justice of the Union shall have the right to
submit the important judiciary condition concerning the State or the public in
writing to the session of the Pyidaungsu Hluttaw, or to the session of the
Pyithu Hluttaw or the Amyotha Hluttaw on an occasional basis.
Now I will present the separate suggestions submitted by the
delegate groups. In its separate suggestion, the National Unity Party said that
according to the new constitution there will be no village and ward courts. Thus
rural people will have to solve their legal cases at the township court.
There is a Myanmar saying, which goes, a problem must be
solved at its initial stage. If the rural people can solve their legal problems
at the village level courts they can save time and expense to a certain degree.
Means should be sought for the rural people to solve their minor cases at their
own villages.
Concerning the suggestion, the national races of the Union of
Myanmar have the right to solve their problems at the initial stage in accord
with their own traditions and customs, except from the legally restricted cases.
The representatives-elect of the political parties presented the opinions of
their own parties.
The independent representatives also present suggestions
separately in favour of the clarifications of the Work Committee Chairman.
In accord with the suggestions of a large number of
delegates, the following detailed basic principles on the sharing of the
judicial power are adopted:
1. (a) The Supreme Court of the Union shall have the
exclusive original jurisdiction
(1) in all matters arising under any treaty made by the
Union;
(2) the disputes, other than the constitutional disputes,
between the Union Government and region or state governments,
(3) the disputes, other than the constitutional disputes,
among the regions, among the states, between regions and states and between
Union territories and regions or states
(4) other matters prescribed by any laws
(b) as the Supreme Court of the Union is the highest court of
the Union, it is also the final court of appeal
(c) as the judgments passed by the Supreme Court of the Union
are final and conclusive, no right of appeal shall be permitted
(d) The Supreme Court of the Union, subject to any provisions
of this Constitution or any provisions of other law, shall have the appellate
jurisdiction to decide on the judgments passed by the region or state high
courts. The Supreme Court of the Union shall also have the appellate
jurisdiction to decide on, according to the law, the judgments passed by other
courts.
(e) The Supreme Court of the Union shall have the revisional
jurisdiction in accordance with law.
2. (a) The Supreme Court of the Union has the power to issue
the following writs:
(1) Writ of habeas corpus
(2) Writ of mandamus
(3) Writ of prohibition
(4) Writ of quo warranto
(5) Writ of certiorari
(b) The application to issue writs shall be suspended in the
areas where the state of emergency is declared.
3. The courts of regions or states are vested with the
following jurisdiction in accordance with law:
(1) adjudicating on original case
(2) adjudicating on appeal case
(3) adjudicating on revision case
(4) adjudicating on matters vested by any law
4. (a) With regard to the judicial matter, Yangon Region High
Court is the high court of the courts situated in Yangon City and Cocogyun
Township.
(b) In case any area located in regions or states is
designated to be a Union territory, the region or state high court concerned
with regard to the judicial matter is the high court of the courts situated in
the said Union terri tory.
5. District courts, self-administered division courts and
self-administered area courts have the jurisdiction with regard to original
criminal cases, original civil cases, or appeal cases and revision cases, or the
matters vested by any law.
6. Township courts have the jurisdiction with regard to
original criminal cases, original civil cases, or the matters vested by any law.
7. The judges appointed in accordance with law are to take
charge of the entire judicial affairs in the Union at the courts formed
according to this Constitution or any of other laws.
8. The Supreme Court of the Union shall submit judiciary
budget to the Union government to express them in the Bill of the Annual Union
Budget in accordance with the provisions embodied in this Constitution.
9. The Chief Justice of the Union shall have the right to
submit the important judiciary condition concerning the State or the public in
writing to the session of the Pyidaungsu Hluttaw, or to the session of the
Pyithu Hluttaw or the Amyotha Hluttaw on an occasional basis.