The first day
session of the Pyithu Hluttaw is valid if more than half the number of
members who have the right to attend the Pyithu Hluttaw session, are present
YANGON, 19 Dec— The following is
the presentation on clarification made by National Convention Convening Work
Committee Chairman on detailed basic principles for legislation of Pyithu
Hluttaw and Amyotha Hluttaw to be included in the judicial sector in formulating
State Constitution by Vice-Chairman of the National Convention Convening Work
Committee Attorney-General U Aye Maung at the Plenary Session of the National
Convention held on 14 December. I would like to continue my discussions for
laying down detailed basic principles with regard to the matters to be carried
out at the Pyithu Hluttaw and the Amyotha Hluttaw.
Internationally, there are some
matters prescribed such as occasional speeches delivered by the Head of State,
reading messages sent by the Head of State, reading and submitting the messages
sent by Heads of other nations and the messages permitted by the Speaker of the
Hluttaw, submission of the bill, taking measures in accord with the provision,
dealing with and judgment, proposing, raising queries, dealing with and judgment
of other matters permitted by the President of the Hluttaw.
To deliver an address or send a
message to the Hluttaw, the President of the State lets the Hluttaw know the
policy of the Government and administrative, economic and social affairs of the
State. It also means letting international community know these matters through
the Hluttaw. That is why the speeches delivered and messages sent to the Hluttaw
by the State President are recorded. Section (61) of the 1947 Constitution said
that the President may communicate with the Parliament by message or address on
any matter of national or public importance.
The Head of a nation sends
messages to the Hluttaws of other nations occasionally. Such messages are read
out at the Hluttaw and recorded. So, a detailed basic principle should be
adopted that addresses delivered at the Hluttaw and messages sent to the Hluttaw
by the President, and the messages permitted by the Hluttaw Speaker shall be put
on record.
As regards legislative functions,
the major task of the Hluttaws, submission of a bill, discussing such bills, and
deciding to approve a bill or not, are carried out at the Hluttaws. So, there
should be a detailed basic principle for submission, discussing, and approving
of a bill at a Hluttaw session. I will separately present the matter on drawing
and submitting of a bill.
Respective Hluttaws need to carry
out tasks prescribed in the Constitution such as the electing of chairman,
Speaker and Deputy Speaker at the first session of a Hluttaw, formation of
Hluttaw committees, and formation of commissions and groups if necessary. There
might be some matters to be carried out by the Pyithu Hluttaw and the Amyotha
Hluttaw through coordination in the Chapters, in which the National Convention
will adopt detailed basic principles. So, in order to cover these matters, in
laying down detailed basic principles, there should be a detailed basic
principle for holding discussions on work to be carried out by Hluttaws in
accordance with the provisions of the Constitution.
It is a tradition that in accord
with the law, Hluttaws discuss, assess, and record the reports submitted to
them. Section 131 of the 1947 Constitution said that the Auditor-General shall
submit to the Chamber of Deputies, at such periods as may be determined by law,
reports relating to the accounts of the Union and the States. And, in Articles
71, 88, 104, 114 and 120, it was said that the Council of State, and such
central bodies as the Council of Ministers, the Council of People’s Justices,
the Council of People’s Attorneys, and the Council of People’s Inspectors shall
report on their activities to the nearest session of the Pyithu Hluttaw.
There might be reports submitted
to the Pyithu Hluttaw and the Amyotha Hluttaw according to the future
Constitution or a law. In this regard, the Pyithu Hluttaw and the Amyotha
Hluttaw need to study such reports submitted by their committees, as a matter.
And if commissions are formed, there might be reports submitted by these
commissions. Therefore, a detailed basic principle should be adopted for
discussing, approving, and recording the reports submitted to the Pyithu Hluttaw
and the Amyotha Hluttaw.
In the Hluttaws of world nations,
proposals are submitted, and are under discussion if there is a support for the
proposals, and they are approved if necessary. If the government makes a call
for a matter to be carried out, it is decided through proposals. Sometimes,
proposals are submitted to adjourn the ongoing session of the Hluttaw.
Prescribed in detail in the parliamentary law and bylaw are the methods of how
to put forward proposals, discuss them and make decisions. So, a detailed basic
principle should be adopted that the submitting, discussing and assessing of
proposals are to be carried out in the sessions of Hluttaw.
In a nation, members of
parliament raise queries if they wish to let the Hluttaw know situations of the
nation, and activities of the government or a governmental department. Members
of the bodies representing respective central level bodies formed in accord with
the Constitution have to reply to the queries of the members of parliament.
There are detailed provisions in parliament law and bylaw with regard to
replying to questions. Therefore, raising and answering of queries shall be
designated as a matter to be carried out in the sessions of Hluttaw.
Speakers of respective Hluttaws
are responsible for systematically convening the sessions of Hluttaws. So, a
detailed basic principle shall be adopted that the matters the Speakers of the
Pyithu Hluttaw and the Amyotha Hluttaw have permitted shall be under discussion
at the respective Hluttaws.
With regard to the matters that
should be carried out at the sessions of the Pyithu Hluttaw and the Amyotha
Hluttaw, discussions are to be held and suggestions to be made so as to decide
that the detailed basic principle:
Pyithu Hluttaw
The following matters are carried
out at the sessions of the Pyithu Hluttaw:
(a) Recording the address
delivered by the President
(b) Reading out and recording the
messages sent by the President and the messages permitted by the Speaker
(c) Submitting, discussing and
making decision on a bill
(d) Discussing and deciding the
matters the Pyithu Hluttaw shall implement in accord with the provisions of the
Constitution
(e) Discussing, deciding and
recording the reports presented to the Pyithu Hluttaw
(f) Submitting proposals, holding
discussions and making decisions
(g) Raising questions and giving
replies
(h) Implementing the matters
permitted by the Speaker of Pyithu Hluttaw
Amyotha Hluttaw
The following matters are carried
out at the sessions of the Amyotha Hluttaw.
(a) Recording the address
delivered by the President
(b) Reading out and recording the
messages sent by the President and the messages permitted by the Speaker
(c) Submitting, discussing and
making decision on a bill
(d) Discussing and deciding the
matters the National Hluttaw shall implement in accord with the provisions of
the Constitution
(e) Discussing, deciding and
recording the reports presented to the National Hluttaw
(f) Submitting proposals, holding
discussions and making decisions
(g) Raising questions and giving
replies
(h) Implementing the matters
permitted by the Speaker of National Hluttaw
should be adopted or not.
I would like to explain the
matters on the minimum number of members attending sessions of Hluttaw for
validity.
Sub-section (2) of Section (69)
of the 1947 Constitution said that the number of members necessary to constitute
the quorum of either Chamber for the exercise of its powers shall be determined
by its rules. According to that provision, Pyithu Hluttaw Rule of Procedure 18
said that the number of members including the chairman shall be at lease 40 for
validity of the session. Chamber of Nationalities Rule of Procedure 18 said that
a session of Chamber of Nationalities is valid if it is attended by at lease 25
members. Article 207 of the 1974 Constitution said that the number of people’s
representatives which shall constitute the quorum at meetings of the Pyithu
Hluttaw and the People’s Councils at different levels shall be 75 per cent of
all the people’s representatives.
Regarding the principle on the
minimum number of members fixed for validity of a session of Hluttaw, some
nations prescribed such a principle in the Constitution, and some nations, in
the parliament law and bylaw. Among the nations in which the minimum number of
members is fixed for validity of a session of Hluttaw, some nations fix the
majority as the minimum number of members for validity, some nations, one-tenth,
one-fourth, or one-third respectively. It is found that the minimum number of
members is fixed based on the situations of respective nations.
I would like to make
clarification as I held discussions in the Chapter of the Pyidaungsu Hluttaw for
validity of the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw. The
minimum number of members needed for validity of Hluttaw sessions shall be based
on the number of members who have the right to attend the sessions. Only then,
will it be possible to avert disputes over the point that the vacant seats that
have not been filled due to various reasons, the seats for the members who have
been elected but have not taken oaths, and the seats of the members who have
passed away should be counted or not. In this regard, it shall meet the number
possible at any time to attend, but the number shall not be very low to avoid
the situation in which a decision has to be made with votes of the minority of
members.
Some Hluttaw sessions are
adjourned due to invalidity. Some valid Hluttaw sessions have to be extended
because the matters have to be under discussion for many days. So, it is
required to take into consideration the situations of adjourned sessions and
extended sessions in presuming the sessions to be valid or not.
The matters for fixing the
minimum number of Hluttaw members for validity of the first day session of the
Pyithu Hluttaw or the Amyotha Hluttaw should be presumed first. The first day
session of the Pyithu Hluttaw or the Amyotha Hluttaw shall be considered valid
only if the majority of the members who have the right to attend the session are
present. If the first day session is not valid, it shall be adjourned. The
adjourned meetings and the valid meetings, that are extended, shall be presumed
valid if at least one-third of the Pyithu Hluttaw members are present. Only
then, will it be possible to avoid unnecessary delay of Hluttaw functions due to
the fact that the session has to be adjourned many times because of invalidity.
So, with respect to validity of
the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, discussions are to
be held and suggestions to be made to decide the point that the detailed basic
principle:
Pyithu Hluttaw
(a) The first day session of the
Pyithu Hluttaw is valid if more than half the number of members who have the
right to attend the Pyithu Hluttaw session, are present. If a session is not
valid it shall be adjourned.
(b) The sessions that are
adjourned under sub-para (a) due to invalidity and the valid sessions that are
extended are valid if at least one-third of the Pyithu Hluttaw members are
present.
Amyotha Hluttaw
(a) The first day session of the
Amyotha Hluttaw is valid if more than half the number of members who have the
right to attend the Amyotha Hluttaw session, are present. If the session is not
valid it shall be adjourned.
(b) The sessions that are
adjourned under sub-para (a) due to invalidity and the valid sessions that are
extended are valid if at least one-third of the Amyotha Hluttaw members are
present.
should be adopted or not.
I would like to clarify the
matters the Pyithu Hluttaw and the Amyotha Hluttaw have to decide through the
poll of Hluttaw members.
I have explained in the section
for the Pyidaungsu Hluttaw that in view of decisions made through the poll of
the members at the Hluttaw, it is found that sometimes the validity is presumed
based on the total number of members present at respective Hluttaws, and
sometimes based on the number of the members who sat and cast votes at the
Hluttaw session. In making an important decision, it is presumed valid if it
wins the votes of not less than three-fourths of the Hluttaw members or the
votes of less than the two-thirds of the Hluttaw members present. In making a
normal decision, it is presumed valid if it wins the votes of more than half the
total number of Hluttaw members or the votes of more than half the total number
of Hluttaw members present.
I have also explained in this
section that in adopting detailed basic principles for the nation-building
sector by the National Convention, measures for re-delineation of the nation’s
territorial boundary shall be taken only if it wins the votes of more than half
of the members each of the Pyithu Hluttaw and the Amyotha Hluttaw, and the votes
of more than half of the Hluttaw members from the region or state concerned. If
this way is unsuccessful, the case shall be submitted to the Pyidaungsu Hluttaw.
And the case shall go on only if it wins the votes of three-fourths of the
Pyidaungsu Hluttaw members or above. Similarly, measures for re-delineation of
the territorial boundary of a region or state shall be taken only if it wins the
votes of three-fourths and above of the members of the Pyidaungsu Hluttaw.
Such a principle is prescribed
specifically in the Constitution that it is required to win the votes of a
certain number of Hluttaw members to handle such an important case. It is found
that without prejudice to a specific principle, Hluttaws of many nations
exercise a principle with which they make a decision with the votes of a
majority of members present at the Hluttaw session in addressing such an
important matter.
Sub-section (1) of Section (69)
of the 1947 Constitution said that all questions at any sitting or joint sitting
of the Chamber shall, save as otherwise provided by this Constitution, be
determined by a majority of votes of the members present and voting, other than
the Speaker or person acting as such, who shall not vote in the first instance,
but shall have and exercise a casting vote in the matter of an equality of
votes. So, in making a decision in a matter for which there is no specific
principle in the Constitution and that does not call for specific number of
votes of the Pyithu Hluttaw and the Amyotha Hluttaw, I think it would be proper
if a detailed basic principle is adopted that such a matter shall be decided
through a majority of the members of the Pyithu Hluttaw and the Amyotha Hluttaw.
As the Speakers of the Pyithu
Hluttaw and the Amyotha Hluttaw are responsible for supervising the sessions of
respective Hluttaws, save as otherwise provided by the 1947 Constitution, a
principle shall be adopted that they shall not vote in the first instance, but
shall have and exercise a casting vote in the matters of an equality of votes. I
have explained similar matters as regards Pyidaungsu Hluttaw Speaker in my
clarifications to the Chapter of Pyidaungsu Hluttaw.
So, regarding the right of
Hluttaw Speakers in making a decision for which there is no specific principle
in the Constitution and that does not call for specific number of votes of
Hluttaw members for decision, approval, and affirmation of the Pyithu Hluttaw,
discussions are to be held and suggestions to be made to decide the point that
the detailed basic principle:
Pyithu Hluttaw
(a) Save as otherwise provided by
this Constitution, a matter that should be decided through voting shall be
determined by a majority of votes of the members present and voting.
(b) The Speaker of the Pyithu
Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu
Hluttaw shall not vote in the first instance in the sessions of the Pyithu
Hluttaw, but shall have and exercise a casting vote in the matters of an
equality of votes.
Amyotha Hluttaw
(a) Save as otherwise provided by
this Constitution, a matter that should be decided through voting shall be
determined by a majority of votes of the members present and voting.
(b) The Speaker of the Amyotha
Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha
Hluttaw sessions shall not vote in the first instance in the sessions of the
Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of an
equality of votes.
should be adopted or not.
Now, I would like to deal with
the adoption of the detailed basic principles as regards the power of respective
Hluttaws to take actions against members of the Pyithu Hluttaw and the Amyotha
Hluttaw who are absent from a Hluttaw session.
Hluttaw members are to attend
Hluttaw sessions and to carry out Hluttaw functions regularly. If a member of
Hluttaw cannot attend the session due to a sound reason, he has to ask for
leave. In the Constitutions of some nations, there is a provision that if a
member of Hluttaw is absent from Hluttaw sessions without permission of Hluttaw
for a certain number of days, Hluttaw can declare his seat vacant. There are
differences among the nations in fixing a certain number of days for which a
Hluttaw member shall not be absent from a session in a row without permission of
Hluttaw. In this regard, some countries fix 40 days, and some countries, 60
days.
Sub-section (3) of Section 73 of
the 1947 Constitution said that if for a period of thirty days a member of
either Chamber is without permission of the Chamber absent from all meetings
thereof, the Chamber may declare his seat vacant. Provided that in computing the
said period of thirty days no account shall be taken of any period during which
the Chamber is prorogued, or is adjourned for more than four consecutive days.
Today, communication systems are
advancing, so in the Union, one can make a contact to another person in a short
time. If a Hluttaw member cannot attend a session due to illness or casual case,
he can ask the Hluttaw concerned for his leave. So, 15 days shall be fixed as
the longest period a member can be absent from a session without asking for
leave.
In computing absent days from a
session, it shall compute the days a member is absent from a meeting at a
stretch. So, if a member is absent from a session of the Pyithu Hluttaw or the
Amyotha Hluttaw for 15 days consecutively, the Hluttaw concerned has the power
to declare his seat vacant. In computing absent days without leave, there shall
be an exception that the period for which the Hluttaw concerned adjourns the
session is not included.
In the period the Pyidaungsu
Hluttaw is in session, members of the Pyithu Hluttaw and the Amyotha Hluttaw
shall attend that session as members of the Pyidaungsu Hluttaw. In my
clarification to the Chapter of the Pyidaungsu Hluttaw, I suggested that a
detailed basic principle should be adopted regarding absence without asking for
leave from a session of the Pyidaungsu Hluttaw; that members of the Pyithu
Hluttaw and the Amyotha Hluttaw while attending the session of the Pyidaungsu
Hluttaw are to abide by the law, bylaw, rules and regulations of their
respective Hluttaws; that no separate action needs to be taken against an
absentee without leave, from a session of the Pyidaungsu Hluttaw for many days
successively and the Pyidaungsu Hluttaw’s Speaker is to intimate the Hluttaws
concerned to take against the absentee under the rules prescribed. Rules shall
be adopted in the law and bylaw of the Pyithu Hluttaw, and the law and bylaw of
the Amyotha Hluttaw to take action against a member of the People Hluttaw or the
Amyotha Hluttaw who fails to attend a session of the Pyidaungsu Hluttaw.
With reference to absence of
members of the Pyithu Hluttaw and the Amyotha Hluttaw from the sessions,
discussions are to be held and suggestions to be made so as to decide the matter
that the detailed basic principle:
Pyithu Hluttaw
(a) The Pyithu Hluttaw may
declare the seat of a member vacant in accord with the rules prescribed if he is
absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days
successively. Provided that in computing the said period of 15 days no account
shall be taken of any period during which the session is prorogued or is
adjourned.
(b) The Pyithu Hluttaw shall take
action against a member in accord with the rules prescribed if the Speaker of
the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that that member is absent
from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without
permission of the Pyidaungsu Hluttaw.
Amyotha Hluttaw
(a) The Amyotha Hluttaw may
declare the seat of a member vacant in accord with the rules prescribed if he is
absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days
successively. Provided that in computing the said period of 15 days no account
shall be taken of any period during which the session is prorogued or is
adjourned.
(b) The Amyotha Hluttaw shall
take action against a member in accord with the rules prescribed if the Speaker
of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that that member is
absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days
without permission of the Pyidaungsu Hluttaw.
should be adopted or not.
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