If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw

YANGON, 15 Dec—The following is the presentation on clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles for legislation of Pyidaungsu Hluttaw to be included in judicial sector for formulating State Constitution by Member of the National Convention Convening Commission U Thein Sein at the plenary session held on 13 December at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The main task of the parliaments is the legislation. Thus, I will explain the submission and approval of the bills at the Pyidaungsu Hluttaw.

A study of the practices of world nations shows that governments as well as individual MPs have the right to submit a bill. In some countries the organization assigned by the constitution also have the right to submit a bill.

I will present the matter concerning the submission of the bill by individual MPs in explaining the Pyithu Hluttaw and the Amyotha Hluttaw. In the Pyidaungsu Huttaw sector, I will explain the submission of the bill to the Pyidaungsu Hluttaw by organizations at Union level.

The section 86 of the 1947 Constitution stated, “As soon as possible after the presentation to this Chamber of Deputies under Chapter VII of the estimates of receipts and estimates of expenditure of the Union for any financial year, the Chamber shall consider the estimates. Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the financial resolutions of each year shall be enacted within that year. The Chamber of Deputies shall not pass any vote of resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys, unless the purpose of the appropriation shall have been recommended for the Chamber by the Union Government.”

The section 125 of the Constitution also stated, “The Government shall prepare estimates of receipts and estimates of expenditure of the Union for each financial year, and shall present them to the Chamber of Deputies for consideration. The procedure to be adopted in the Chambers of Parliament with respect to the submission of estimates of expenditure, the appropriation of the revenues of the Union and all matters connected therewith shall, in so far as provision is not made in that behalf by this Constitution, be regulated in accordance with law.”

The rules to the procedures of the Chamber of Deputies formed a chapter “Financial Procedures” in accord with the section 125. The chapter stated in detail the matters including the budget, additional budget, expenditure demand.

In addition to the bill concerning the financial sector, rule 97 (1) under the heading “Submission of the Bill” of the chapter 16 of the rules to the procedure stated that as soon as the government sent the letter to submit a bill to the Secretary, the ministry concerned should announce it in the gazette. The Rule 98 also said that the responsible MP could submit the request to present the bill to the parliament after five days from the day the announcement appeared in the gazette. The heading “Bill Submission” of the Chamber of Nationalities had similar prescriptions.

Concerning the organizations that have the right to present bills, the Article 89 of the 1974 Constitution stated, “The Council of Ministers shall be solely responsible for the submission of the bills on economic plan, bills on budget and bills on taxation to the Pyithu Hluttaw through the Council of State for enactment into law: The para (b) of the Article 204 stated, “The Council of Ministers shall have the right to submit to the Pyithu Hluttaw draft legislation on matters mentioned in the Article 89 as well as other matters. The para (a) also stated, “Members of the Pyithu Hluttaw, the Council of State, the Council of People’s Justices, the Council of People’s Attorneys and the Council of People’s Inspectors shall have the right to submit to the Pyithu Hluttaw draft legislation on matters other than those mentioned in Article 89.

In laying down detailed basic principles for the new constitution, concerning the submission of bills, the Union level organizations including the Union cabinet and Union High Court, formed according to the new constitution, should have the right to present bills for their administration in accord with the principles. The detailed basic principle concerning the Financial Commission headed by the President has already been laid down to present the budget bill and bill on additional budget to the Pyidaungsu Hluttaw, to give financial advice and to enact a law to set up a firm monetary system.

Bill on annual budget and bill on taxation, the Union government has drawn with the support and advice of the Financial Commission as the base, concern the Union’s financial sector. Moreover, they need swift decision. Thus, a detailed basic principle should be laid down to discuss and decide the bills at the Pyidaungsu Hluttaw.

If the Union government presents long-term and short-term plans concerning the entire nation, making of a decision for the plans requires consideration for the whole Union. Moreover, the financial allotment for them must be drawn from the Union budget. The plans that concern the entire nation should be discussed and decided at the Pyidaungsu Hluttaw. A law should be enacted to draw and present national plans, the Union budget, and the bill on taxation.

Concerning the right of the Union level organizations to submit bills, the delegates should discuss whether the following detailed basic principle should be adopted:

(a) Of the matters included in the Union legislative list, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the prescribed procedures.

(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accordance with the prescribed provisions for decision.

Now I will deal with the presentation of other bills. I have already explained that the detailed basic principles “The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List. If a bill is approved by the Pyithu Hluttaw and the Amyotha Hluttaw, it should be regarded as a bill approved by the Pyidaungsu Hluttaw” should be laid down.

I would like to suggest that of the bills to be submitted by the Union level organizations formed according to the constitution, other bills, except from the bills that are designated to discuss and approve exclusively at the Pyidaungsu Hluttaw, should be discussed and approved at the Pyithu Hluttaw and the Amyotha Hluttaw.

In the majority of nations which have two chambers the task of presenting and approving a bill is carried out at the two chambers. The Pyithu Hluttaw and the Amyotha Hluttaw should also have the same rights. Thus, law and rules and regulations should be prescribed.

The detailed basic principles “The okkahta (speaker) and deputy okkahta (deputy speaker) of Amyotha (National) Hluttaw shall serve also as the nayaka (speaker) and deputy nayaka (deputy speaker) of Pyidaungsu (Union) Hluttaw from the day the tenure of office the Pyithu (People’s) Hluttaw commences up to the end of 30 months. The okkahta (speaker) and deputy okkahta (deputy speaker) of Pyithu (People’s) Hluttaw shall serve also as nayaka (speaker) and deputy nayaka (deputy speaker) of Pyidaungsu (Union) Hluttaw for the remaining tenure of office” have already been laid down.

The person serving as the Speaker of the Pyidaungsu Hluttaw after weighing up the discussions and functions in session at the Pyithu Hluttaw and the Amyotha Hluttaw should present the bills submitted by the Union level organizations formed according to the constitution to the Pyithu Hluttaw and the Amyotha Hluttaw.

Concerning the matter, the delegates should discuss whether the detailed basic principle “Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initiated by the Union level organizations formed under the Constitution, in the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.”

Now I will explain the procedures to study in detail in connection with the bills that should be approved exclusively at the Pyidaungsu Hluttaw, before they are being discussed at the hluttaw session if there arises the requirement to do so.

I have already given a suggestion to lay down the detailed basic principle “Bills on national plans, annual budgets and taxation, which can be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw.” An organization such as Bill Committee may be required if the bills prescribed by the constitution to be discussed exclusively at the Pyidaungsu Hluttaw need thorough scrutinization before they are being discussed at the meeting.

In laying down the detailed basic principles concerning the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw of the legislative sector, a detailed basic principle saying that the Pyidaungsu Hluttaw constitutes the Pyithu Hluttaw and the Amyotha Hluttaw; and that bill committees shall be formed at the Pyithu Hluttaw and the Amyotha Hluttaw. Thus the Pyidaungsu Hluttaw should have the power to authorize the bill committees of the Pyithu Hluttaw and the Amyotha Hluttaw forming as a joint committee to cooperate each other in scrutinizing the bill that needs to do so before being discussed at the Pyidaungsu Hluttaw, and to present the bill together with the committee’s comments. And the means to present the bill together with the joint committee’s comments should be promulgated in Pyidaungsu Hluttaw law.

Hence concerning the matter, the delegates should discuss whether the following detailed basic principle should be laid down:

“If a need arises to scrutinize the bills, that are to be discussed and approved exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the bill committee of the Pyithu Hluttaw and the bill committee of the Amyotha Hluttaw, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accordance with prescribed provisions.”

The Pyithu Hluttaw and the Amyotha Hluttaw may reach an agreement or may disagree in approving a bill. The section 109 of the 1947 Constitution stated, “If one Chamber passes any other Bill, and the other Chamber rejects or fails to pass it, or passes it with amendments to which the Chamber where the Bill originated will not agree, the President shall convene a joint sitting of the two Chambers. The members present at the joint sitting may deliberate and shall vote together upon the Bill as last passed by the Chamber where the Bill originated and upon amendments, if any, which have been made therein by the other Chamber, and if the Bill with the amendments, if any, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed to have been passed by both Chambers.”

There may be different opinions between the People’s Hluttaw and the Amyotha Hluttaw concerning a bill. If there is disagreement between the two hluttaws, the bill should be presented to the Pyidaungsu Hluttaw for approval. As the matter needs the Pyidaungsu Huttaw’s approval, it should be presented to the Pyidaungsu Hluttaw meeting if it is in session or to the nearest hluttaw meeting if the Pyidaungsu Hluttaw is not in session. If the bill concerns the public interest and earliest approval, a special or an emergency meeting should be called to approve it.

Concerning the matter, the delegates should discuss whether the detailed basic principle “If there arises disagreement between the People’s Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.”

I will now explain the matter concerning the presentation of a bill to the President for signature to be able to promulgate it as a law.

The Work Committee after studying the constitutions of the world nations came to know the time limit for enactment of a bill into law, the power of the Head of State to send back the bill to the legislative Hluttaw if he presumes that the legislative Hluttaw should review it, and a provision saying that if the Bill is neither signed by the President nor sent back to legislative hluttaw within the fixed time, a bill shall be become an Act in like manner as if he had signed it on the last day of the fixed time.

The sub sections 2 and 3 of the section 111 of the 1947 Constitution stated, “Save as otherwise provided by this Constitution, every Bill so presented to the President shall be signed by him not later than seven days after the date of presentation. If the Bill is not signed by the President within seven days after the date of presentation, the same shall become an Act in like manner as if he had signed it on the last of the said seven days.”

Bills issued by the Pyidaungsu Hluttaw, and the bills that are approved in like manner as if the Pyidaungsu Huttaw had approved them after being approved by the Pyithu Hluttaw and the Amyotha Hluttaw should be signed by the President to enact them into laws. In my view, the President needs an appropriate length of time to make a decision concerning the matter. A study of constitutions of other nations shows that the time limit for the matter is from 10 days to 30 days depending on the situation of the country concerned. As for Myanmar, 14 days may be appropriate.

The President has the power to send back the bill to the Pyidaungsu Hluttaw together with his opinion and remarks within the limited time. Moreover, if the bill is not signed by the President within the permitted time the same shall become an Act in like manner as if he had signed it. Only then will there be mutual control between the President’s executive power and the Pyidaungsu Hluttaw’s legislative power.

Hence, concerning the matter, delegations should suggest whether the following detailed basic principles should be laid down:

“(a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw have approved them, he shall sign the bills and shall promulgate them into law.”

“(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into an Act.

“(c) Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the Bill is not signed by the President within 14 days after the date of presentation, the same shall become an Act in like manner as if he had signed it on the last of the said 14 days.”

Now I will explain the Pyidaungsu Hluttaw’s part of functions when the President sent back a bill together with his comments. The bill can be the one approved by the Pyidaungsu Hluttaw or the one which as if approved by the Pyidaungsu Hluttaw as it has already been approved by the Pyithu Hluttaw and the Amyotha Hluttaw. If it is a Pyidaungsu Hluttaw-approved bill, the comments of the President will be discussed at the Pyidaungsu Hluttaw. But if the bill is approved by the Pyithu Hluttaw and the Amyotha Hluttaw, the comments can be discussed separately at the two hluttaws. But there can be a delay in approving the bill as it will be discussed at the Pyidaungsu Huttaw if there arises any disagreement between the two subordinate hluttaws concerning the matter. Time can be saved if the President’s comments on the bill that have already been discussed at the two hluttaws are approved at the Pyidaungsu Hluttaw. Arrangements will have to be made to submit the bills sent back by the President to the Pyidaungsu Hluttaw meeting in session, or at the nearest Pyidaungsu Hluttaw meeting if it is not in session, or at a special meeting or emergency meeting of the Pyidaungsu Hluttaw if the matter needs prompt action for public interest.

When the Work Committee studied the constitutions of other nations, it found that the head of state has the power to send back the entire bill prepared by the legislative chamber or some facts contained in the bill to the chamber concerned together with his opinion and remarks, and the chamber concerned also has the power to consider whether it should accept the opinion and remarks after studying them. The Pyidaungsu Hluttaw also should have the power to do so.

If the hluttaw concerned decided to amend the bill after agreeing to the President’s comments, it will have to present the bill so amended in accord with the President’s comments to the President to sign and enact the bill as an Act. If the hluttaw concerned does not agree to the President’s comments and approved the original bill, the hluttaw should submit the bill to the President together with its approval for signature and promulgation of the bill as an Act.

As the President has already studied the bill since it was first submitted to him, he should sign and enact it into an Act in a short time. In my view, it will be appropriate if the time frame for the matter is fixed at seven days. A basic principle saying that if the Bill is not signed by the President within the limited time, the same shall become an Act in like manner as if he had signed it on the last date of the said time limit should be stated in the constitution.

Concerning the above mentioned matters, the delegates should consider whether the following paras should be laid down as basic principles:

(a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree the President’s comments.

(b) The President shall sign the bill and enact it into an Act on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall become an Act in like manner as if he had signed it on the last date of the said time limit.