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

YANGON, 13 Dec—The following is the presentation on a collection of detailed basic principles on sharing of the executive and judicial power that are adopted for formulating State Constitution by National Convention Convening Commission Member Supreme Court Judge Dr Tin Aung Aye at the plenary session held yesterday at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Now, I will present a collection of detailed basic principles on sharing of the executive and judicial power that are adopted in accord with the suggestions of a large number of delegates as follows:

1. Powers and Functions of the President

“1. 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.

2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs.

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with the recommendation of the National Defence and Security Council.

4. The President shall

(a) confer honours and awards

(b) revoke titles, honours and awards.

5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nation, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.

6. The President of the Union, in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

(c) shall accept the letters of accreditation presented by foreign diplomats.”

7. The President of the Union, in accord with law, shall appoint and dismiss heads of bodies of public services.

8. The President of the Union, in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the approval of the Pyidaungsu Hluttaw; and

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

9. The President of the Union shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.

11.
(a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(b)If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.

(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect.
12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

(c) declare war or make peace only with the assent of the Pyidaungsu Hluttaw.

13. “The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.”

14.The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him.”

2. The executive powers of the Union Government

“1. Subject to the provisions of the Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

2. Subject to the provisions of the Constitution, the executive authority of the Union, shall be vested in the President; but nothing in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned, or any other person in authority concerned by existing laws.

3. (a) All executive actions of the Union Government shall be expressed in the name of the President.

(b) Orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. In addition, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it was not done by the President.

(c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be regionwise as well as subjectwise.

4. The Union Government uphold and maintain stability, peace, and the prevalence of law and order in the country.

5. The Union Government shall lay down its policies in accord with the stipulations contained in the Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.

6. Based on annual budgets of the Union, drawn after coordinating with the Financial Commission, the Union Government shall draft the bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in line with the stipulations contained in the Constitution for approval.

7. The Union Government shall have the right to use the funds within the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year.

8. The Union Government shall submit the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within the framework of the provisions of the Constitution, and shall submit it to the Pyidaungsu Hluttaw.

9. The ministries of the Union Government shall manage, guide and supervise their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of the Constitution and the existing laws.

10.The Union Government cooperates and coordinates with the region government, the state government, and the self-administered area leading body to enable them to effectively and successfully carry out their tasks.

11.The Union Government, save constitutional disputes and the disputes over the re-delineation of territorial boundary, shall —

(a) cooperate, coordinate and make decisions if necessary on disputes over administration between regions and states; among regions; among states; between regions or states and self-administered areas; and among self-administered areas; and

(b) cooperate, coordinate and solve the disputes over administration between regions or states and Union territories and between self-administered areas and Union territories; and make decisions if necessary.

12.The Union Government, in accordance with law, shall —

(a) constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

13. The Union Government shall —

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.”

3.Executive power of the region or state government

“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.”

4. Executive power of leading body of self-administered divisions and self- administered zones

1. Subject to provisions of the Constitution, the self-administrative power of the self-administered division and self-administered zone leading bodies extends to the following matters:

(a) with respect to which the self-administered division and self-administered zone leading bodies has power to make laws;

(b) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and

(c) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the respective Region or State Hluttaws.

2. Self-administered division or self-administered zone leading body has the duty to help the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law.

3. The self-administered division or the self-administered zone leading bodies shall

(a) subject to the policies of the Union Government, draw work programmes for development of their territory and shall coordinate the matter with the respective region government or state government;

(b) draw annual budgets and coordinate with the region or state government concerned in accord with the provisions of the Constitution for approval;

(c) have the right to use the allotted budget funds included in the budget law of the region or state concerned;

(d) use the fund of the current expenditure permitted within the last-enacted budget law of the hluttaw of the region or state concerned if they cannot obtain the budget allotment in time due to region or state hluttaw’s failure to enact the budget law in time.

4. Self-administered division and self-administered zone leading bodies shall, in accord with the law, supervise and coordinate the functions of civil service organizations discharging duties in their territory.

5. The self-administered division and self-administered zone leading bodies shall submit reports stating the general situation of the territory to the Union Government and the region or state government concerned.

6. The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.”

5. State service personnel

“1. State service personnel shall be free from party politics.

2. Matters as to the appointment of employees, promotion, retirement, the enforcement of rules, the designation of service rules, and taking of action against service personnel in accordance with law.

3. As to occupational security for State service personnel; the sufficiency of food, clothing and shelter needs; maternal rights for married women service personnel; and the provision of food, clothing and shelter assistance to the retired, necessary laws shall be enacted.

4. Given the unusual nature of the responsibility of the Tatmadaw members, who are State service personnel, they shall be dealt with according to military laws.

5. Given the unusual nature of the responsibility of Myanmar Police Force members, who are State service personnel, separate laws shall be enacted for them.”

6. The sharing of 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 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:

(a) adjudicating on original case

(b) adjudicating on appeal case

(c) adjudicating on revision case

(d) 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.”