Matters on
detailed basic principles for legislation of Pyithu Hluttaw and
Amyotha Hluttaw to be included
in the judicial sector in formulating State Constitution clarified
YANGON, 19 Dec— The following is the clarification made by
National Convention Convening Work Committee Chairman U Aung Toe on detailed
basic principles for legislation of Pyithu Hluttaw and Amyotha Hluttaw to be
included in the judicial sector in formulating the State Constitution at the
Plenary Session of the National Convention held on 14 December.
I have dealt with the adoption of the detailed basic
principles regarding the legislative functions of the Pyidaungsu Hluttaw. Now, I
would like to clarify the adoption of the detailed basic principles in relation
to the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.
One of the detailed basic principles the National Convention
has adopted concerning the legislation said that the State’s legislative power
is vested in the Pyidaungsu Hluttaw, region Hluttaws and state Hluttaws, and
legislative power prescribed in the State Constitution, in self-administered
zones. And one of the detailed basic principles adopted for the formation of the
legislation said that the Pyidaungsu Hluttaw consists of the Pyithu Hluttaw and
the Amyotha Hluttaw.
According to the principles adopted, the Pyithu Hluttaw and
the Amyotha Hluttaw included in the Pyidaungsu Hluttaw have to cooperate with
each other in carrying out the legislative functions, the major task of the
Hluttaws, although the two Hluttaws are formed separately.
Therefore, the legislative functions of the Pyithu Hluttaw
need to be as similar as those of the Amyotha Hluttaw as far as it can. In this
regard, I would like to present the legislation of the Pyithu Hluttaw and the
Amyotha Hluttaw as a whole.
In presenting legislative functions of the Pyithu Hluttaw and
the Amyotha Hluttaw, at first, I would like to deal with matters on the
convening of the first session of the Hluttaws. As regards the first session
convened at the beginning of the tenure of a Hluttaw, in some world nations the
first sessions are convened on specific days in connection with elections. Some
nations fix the date for convening the first sessions.
In our country, a principle was adopted for the convening of
the first regular session of the Pyithu Hluttaw formed under the 1947
Constitution in connection with the elections. Sub-section (1) of Section (84)
of the 1947 Constitution said that the general election for members of the
Chamber of Deputies was to take place not later than sixty days after the
dissolution of the Chamber. Sub-section (2) said that the Chamber of Deputies
was to meet within sixty days from the polling day. And Section (89) of the 1947
Constitution said that the first meeting of the Chamber of Nationalities after
the general election shall take place on a date to be fixed by the President on
the advice of the Prime Minister.
There may arise disputes if the launching day of the first
regular session of the Pyithu Hluttaw is fixed based on the date the elections
terminate as prescribed in the 1947 Constitution. In holding elections,
responsible bodies have to make arrangements for ensuring the holding of the
elections simultaneously on the same day across the Union. Elections may be
postponed in some constituencies due to various reasons. Then, it might be
difficulty in presuming the last day of the elections. If the launching day of
the first regular session of the Pyithu Hluttaw is fixed based on the launching
day of the general elections according to the future Constitution, it can bring
about exact outcome.
The 1947 Constitution said that a session of the Pyithu
Hluttaw was to be launched not later than sixty days after the elections. At
that time, the population of Myanmar stood at around 16 million, and half the
population had the right to cast votes. And there were only 250 constituencies
of the Pyithu Hluttaw. When general elections will be held according to the
future Constitution, the population of Myanmar will touch over 50 million and
more than half of them will be adults. And the number of constituencies will
increase to 330. So, we will have to take enough time to be able to complete the
counting, scrutinizing and approving of votes flawlessly. The foregoing points
are the ones to be taken into consideration in fixing the launching day of the
first regular session of the Pyithu Hluttaw based on the launching day of the
general elections. So, I would say the first session, that gives birth to the
tenure of the Pyithu Hluttaw, shall be convened not later than 90 days after the
day the general elections commences.
The fixing of the launching day of the first regular session
of the Amyotha Hluttaw should be based on the launching day of the Amyotha
Hluttaw. The detailed basic principles for the legislation said that the tenure
of the Pyithu Hluttaw is five years starting from the day the Hluttaw convenes
its first session; that the tenure of the Amyotha Hluttaw is the same as that of
the Pyithu Hluttaw; that when the tenures of the Pyithu Hluttaw and the Amyotha
Hluttaw terminate on the same day. According to that detailed basic principle,
the tenure of the Amyotha Hluttaw comes into effect on the day the tenure of the
Pyithu Hluttaw starts and the first regular session of the Pyithu Hluttaw takes
place. Hence, a detailed basic principle should be adopted that the day the
tenure of the Amyotha Hluttaw comes into effect is the day the tenure of the
Pyithu Hluttaw begins; and that the first regular session of the Amyotha Hluttaw
shall take place not later than a week after the commencement of the tenure of
the Amyotha Hluttaw. The launching day of the general elections is the day the
election commission fixes for the people to begin to cast votes.
So, as regards the day the first regular session occurs or
tenure of the Pyithu Hluttaw comes into effect, the day the tenure of the
Amyotha Hluttaw comes into effect and the first regular session of the Amyotha
Hluttaw is launched, discussions are to be held and suggestions to be made so as
to assess the fact that the detailed basic principle:
Pyithu Hluttaw
The first regular session of the Pyithu Hluttaw shall be
convened within 90 days after the general election commences.
Amyotha Hluttaw
(a) The term of the Amyotha Hluttaw commences on the date on
which the term of the Pyithu Hluttaw commences.
(b) The first regular session of the Amyotha Hluttaw shall be
convened within seven days after the commencement of the term of that Hluttaw.
should be adopted or not.
I would like to continue my discussion as to which body or
person shall convene the first regular sessions of the Pyithu Hluttaw and the
Amyotha Hluttaw.
Sub-section (2) of Section (231) of the 1947 Constitution
said that such person as the Constituent Assembly shall have elected in this
behalf shall be the Provisional President of the Union until a President has
been duly elected under Chapter V and shall exercise all the powers and
discharge all the duties conferred or imposed upon the President by this
Constitution. Section (57) of Chapter (5) of the constitution said that the
Chamber of Deputies shall be summoned, prorogued or dissolved by the President
on the advice of the Prime Minister. And Section (89) of Chapter (6) said that
the first meeting of the Chamber of Nationalities after the general election
shall take place on a date to be fixed by the President on the advice of the
Prime Minister.
Article (196) of the 1974 Constitution said that the
Revolutionary Council of the Union of Myanmar shall, continuing to exercise
State sovereignty, carry out during the interval between the coming into force
of this Constitution and the day the first session of the Pyithu Hluttaw is
convened, all the functions of the Pyithu Hluttaw under the Constitution. The
work done by the Revolutionary Council to bring the Constitution into force
shall be deemed to have been carried out in accordance with this Constitution.
In accord with the provision, the Revolutionary Council made arrangements for
convening the first session of the Pyithu Hluttaw after prescribing the 1974
Constitution.
Now, the State Peace and Development Council has been
exercising the three State powers due to various reasons. So, I think the State
Peace and Development Council should convene the first sessions of the Pyithu
Hluttaw and the Amyotha Hluttaw in conformity with the forthcoming Constitution
for ensuring their systematization. Now, I would like to deal with matters for
convening the first regular sessions of the Pyithu Hluttaw and the Amyotha
Hluttaw in the terms after the constitution has come into force.
One of the detailed basic principles adopted by the National Convention for the
formation of legislation said that the Speaker and the Deputy-Speaker of the
Pyithu Hluttaw have to discharge duties until the first session of the next
Pyithu Hluttaw takes place. There has been adopted the detailed basic principle
that the Speaker and the Deputy-Speaker of the Amyotha Hluttaw have to discharge
duties until the first session of the next Amyotha Hluttaw is launched.
According to these detailed basic principles, the Speakers in the tenures of
respective previous Hluttaws should convene the first regular sessions of the
Pyithu Hluttaw and the Amyotha Hluttaw.
So, in relation to the convening of first regular sessions of
the Pyithu Hluttaw and the Amyotha Hluttaw after the Constitution has come into
force and first regular sessions in the next terms of the Pyithu Hluttaw and the
Amyotha Hluttaw, discussions are to be held and suggestions to be made so as to
assess the fact that the detailed basic principle:
Pyithu Hluttaw
(a) The State Peace and Development Council shall convene the
first regular session of the Pyithu Hluttaw after the Constitution has come into
force.
(b) The Speaker of the Pyithu Hluttaw who continues to
perform his duties in accordance with provisions of this Constitution shall
convene first regular sessions for the next terms of the Pyithu Hluttaw.
Amyotha Hluttaw
(a) The State Peace and Development Council shall convene the
first regular session of the Amyotha Hluttaw after the Constitution has come
into force.
(b) The Speaker of the Amyotha Hluttaw who continues to
perform his duties in accordance with provisions of this Constitution shall
convene first regular sessions for the next terms of the Amyotha Hluttaw.
should be adopted or not.
I would like to discuss that members of the Pyithu Hluttaw
and the Amyotha Hluttaw are required to swear oaths at the first regular
sessions of respective Hluttaws.
It is found that world nations practise the principle that a
member of parliament has to take oaths at respective Hluttaws. In Section (72)
of the 1947 Constitution, it says that every member of either Chamber of
Parliament shall before taking his seat make and subscribe before the President,
or a person authorized by him, an oath or affirmation of allegiance in the form
set forth in the First Schedule to this Constitution. And the form of oaths is
stated in the first table of the Constitution.
In Bylaw (4) of the Pyithu Hluttaw that was prescribed after
the 1974 Constitution came into force, it says a member of parliament shall take
oaths as prescribed. And Bylaw (5) carries the form for taking oaths.
Some of the detailed basic principles for the formation of
the legislation adopted by the National Convention said the Pyithu Hluttaw and
the Amyotha Hluttaw have to elect a member of parliament as the chairman in the
first session of respective Hluttaws. And the chairman has to take oaths in the
Hluttaw and supervise the session of Hluttaw till the Speaker and the
Deputy-Speaker have been elected. With reference to these detailed basic
principles, a detailed basic principle should be adopted that members of the
Pyithu Hluttaw and the Amyotha Hluttaw shall take oaths before respective
Speakers at the first regular sessions.
However, despite being elected as members of the Pyithu Hluttaw and the Amyotha
Hluttaw, some may be absent from the first regular sessions due to unavoidable
reasons. In this regard, a principle should be adopted that such Hluttaw members
shall swear oaths at the session they attend first. The Hluttaw Speaker
concerned has to convene the next sessions. So, a detailed basic principle
should be adopted that the members of the Pyithu Hluttaw and the Amyotha Hluttaw
who are absent from the first sessions shall take oaths before respective
Hluttaw Speakers at the sessions they first attend.
So, in connection with the taking of oaths by members of the
Pyithu Hluttaw and the Amyotha Hluttaw, discussions are to be held and
suggestions to be made to decide that the detailed basic principle,
Pyithu Hluttaw
(a) Members of the Pyithu Hluttaw shall take oaths before the
Chairman of the Pyithu Hluttaw at the first regular session of the Pyithu
Hluttaw.
(b) The members of the Pyithu Hluttaw, who have not taken
oaths, shall take oaths before the Speaker of the Hluttaw at the session of the
Pyithu Hluttaw they first attend.
Amyotha Hluttaw
(a) Members of the Amyotha Hluttaw shall take oaths before the Chairman of the
Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw.
(b) The members of the Amyotha Hluttaw, who have not taken
oaths, shall take oaths before the Speaker of the Hluttaw at the session of the
Amyotha Hluttaw they first attend.
should be adopted or not.
I would like to explain matters related to the convening of
regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw.
It is found that regarding the convening of regular sessions
of Hluttaw, the maximum number of sessions to be held in a year was fixed in
Hluttaw law and bylaw nation-wise. Some nations prescribed the convening of the
session once a year, while some nations three times a year.
Section (66) of the 1947 Constitution said that there shall
be a session of the Parliament once at least every year so that twelve months
shall not intervene between the last sitting of the Parliament in one session
and its first sitting in the next session. Article (51) of the 1974 Constitution
said that regular sessions of the Pyithu Hluttaw shall be convened at least
twice a year. The interval between two sessions shall not exceed eight months.
The Council of State may summon a special or an emergency session of the Pyithu
Hluttaw where necessary.
The Pyithu Hluttaw and the Amyotha Hluttaw will have to play
a major role in the legislative functions. So, supposing there is a principle to
convene a regular session at least once a year, regular session can be convened
more than once if necessary. And it would be proper if the maximum interval
between two regular sessions shall not exceed 12 months.
In connection with the regular session of the Pyithu Hluttaw
and the Amyotha Hluttaw, discussions are to be held and suggestions to be made
to decide the matter that the detailed basic principle:
Pyithu Hluttaw
The Speaker of the Pyithu Hluttaw shall convene regular
session of the Pyithu Hluttaw at least once a year. The interval between two
regular sessions shall not exceed 12 months.
Amyotha Hluttaw
The Speaker of the Amyotha Hluttaw shall convene regular
session of the Amyotha Hluttaw at least once a year. The interval between two
regular sessions shall not exceed 12 months.
should be adopted or not.