Even if there are
vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks
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 Secretary of the National Convention Convening Work
Committee U Thaung Nyunt at the Plenary Session of the National Convention held
on 14 December.
In holding general elections for
the Pyithu Hluttaw and the Amyotha Hluttaw, some seats for Hluttaw members may
be vacant as elections are not available in some constituencies due to a reason.
Moreover, in a term of a Hluttaw, there may be some vacancies owing to
resignation and demise of some members. Despite vacant seats in the Pyithu
Hluttaw and the Amyotha Hluttaw due to various reasons, the Pyithu Hluttaw and
the Amyotha Hluttaw shall have the right to carry out their duties and
functions.
Besides, there may be a case in
which a person who is not entitled to attend the Pyithu Hluttaw and the Amyotha
Hluttaw sat, voted, or had participation in the proceedings of the Hluttaw, is
exposed later. Such a case shall be prevented. A detailed basic principle shall
be adopted to avert possible effects to the decisions and activities carried out
by the Hluttaws due to the fact that such a person sat at a session of Hluttaw,
voted, and participated in a function of the Hluttaw.
Sub-section (3) of Section (69)
of the 1947 Constitution said that a Chamber of Parliament shall have power to
act notwithstanding any vacancy in the membership thereof, and any proceedings
in the Parliament shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled to do so sat or voted or
otherwise took part in the proceedings. Some neighbouring countries also
prescribe similar provisions.
Therefore, regarding the matter
to enable the functions of the Hluttaw to go on despite some vacancies in the
membership in the Pyithu Hluttaw and the Amyotha Hluttaw and to avert hindrance
to the decisions and function of Hluttaws due to the fact that a person who is
not entitled to attend the Hluttaw sat, voted and had participation in the
functions of Hluttaws, discussions are to be held and suggestions to be made to
decide the point that the detailed basic principle:
Pyithu Hluttaw
Even if there are vacant seats,
the Pyithu
Hluttaw shall have the right to
carry out its tasks. Moreover, the session shall not be annulled, if the acts of
some person who was not entitled to do so, sat or voted or took part in the
proceedings are discovered later.
Amyotha Hluttaw
Even if there are vacant seats,
the Amyotha Hluttaw shall have the right to carry out its tasks. Moreover, the
session shall not be annulled, if the acts of some person who was not entitled
to do so, sat or voted or took part in the proceedings are discovered later.
should be adopted or not.
I would like to explain the fact
that the people should have the right to know the functions and records of the
Pyithu Hluttaw and the Amyotha Hluttaw.
In the Constitutions of many
nations are provisions that enable the people to know discussions and activities
of the Legislative Hluttaw. By studying the Constitutions of the world nations,
it is found that the decisions and activities of Hluttaws, except the ones that
respective Hluttaws consider them to be subject to national security, and the
ones that are restricted under a law, or an order of respective Hluttaws and
released to the public.
So, in our country, a principle
should be adopted to enable the people know the decisions and activities of the
Pyithu Hluttaw and the Amyotha Hluttaw except the ones that respective Hluttaws
consider them to be subject to national security, and the ones that are
restricted under a law, or an order of respective Hluttaws are released to the
public.
In connection with the right of
the people to know activities and records 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
The functions and records of
Pyithu Hluttaw shall be published for public information. But the functions and
records restricted by a law or decisions of the Pyithu Hluttaw shall not be
published.
Amyotha Hluttaw
The functions and records of
Amyotha Hluttaw shall be published for public information. But the functions and
records restricted by a law or decisions of the Amyotha Hluttaw shall not be
published.
should be adopted or not.
Now, I would like to deal with
the duties and proceedings of the Pyithu Hluttaw and the Amyotha Hluttaw.
I have clarified the matters
related to the duties and authority of the Pyidaungsu Hluttaw. In my
clarification, I explained a detailed basic principle should be adopted
regarding that the matters included in the Union Legislative list of the
Pyidaungsu Hluttaw would be submitted first to either the Pyithu Hluttaw or the
Amyotha Hluttaw, both of which are parts of the Pyidaungsu Hluttaw. A bill
approved by both Hluttaws shall be presumed to be that of the Pyidaungsu Hluttaw.
Among the matters to be included
in the Union Legislative List I presented in the sector for delegation of
legislative power, the bills for which decisions shall be made promptly or in a
limited period of time in the interests of Union are to be under discussion at
the session of the Pyidaungsu Hluttaw. I have touched upon the matters on
detailed basic principles regarding the bills that must be under discussion only
at the meeting of the Pyidaungsu Hluttaw.
Except the matters prescribed in
the Constitution that must be submitted to and judged only at the Pyidaungsu
Hluttaw, with respect to the remaining matters prescribed in the Union
Legislation List, bills should be submitted to the Pyithu Hluttaw or the Amyotha
Hluttaw. If so, the bills can be discussed thoroughly in a sufficient period at
the two Hluttaws. I will have to make clarification to the principles of the
tasks in connection with the bills submitted to the Pyithu Hluttaw or the
Amyotha Hluttaw when I present the detailed basic principles on submission of
bills.
So, of the matters prescribed in
the Union Legislation List, with respect to the matters for which bills should
be submitted initially to the Pyithu Hluttaw and the Amyotha Hluttaw except the
ones to the Pyidaungsu Hluttaw, discussions are to be held and suggestions to be
made to decide the point that the detailed basic principle:
Pyithu Hluttaw
Of the matters included in the
Union Legislative List, except the matters prescribed in this Constitution which
shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters
shall be initiated in the Pyithu Hluttaw according to the prescribed provisions.
Amyotha Hluttaw
Of the matters included in the
Union Legislative List, except the matters prescribed in this Constitution which
shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters
shall be initiated in the Amyotha Hluttaw according to the prescribed
provisions.
should be adopted or not.
I would like to present the
matters to adopt detailed basic principles to invest the Pyithu Hluttaw and the
Amyotha Hluttaw with authority as regards dissolution of or amendment to bylaw,
rules or regulations promulgated under an act.
In my clarification to the duties
and authority of the Pyidaungsu Hluttaw, I suggested that detailed basic
principles be adopted for the matters such as a Union level organ formed under
the Constitution shall be invested with authority, provided that a bylaw, rules
or regulations shall be prescribed when the Pyidaungsu Hluttaw promulgated an
act, such bylaw, rules and regulations shall be in conformity with the
provisions of respective acts; if both the Pyithu Hluttaw and the Amyotha
Hluttaw decide to abrogate or amend the bylaw, rules and regulations that do not
conform with the provisions concerned, it is to be presumed that the Pyidaungsu
Hluttaw annuls or amends such bylaw, rules and regulations.
In enacting bylaws, rules or
regulations, members of the Pyithu Hluttaw and the Amyotha Hluttaw shall
ascertain that such bylaws, rules or regulations are in accordance with
respective provisions or not. And respective organs shall submit the bylaws,
rules or regulations issued by themselves to the members of the Pyithu Hluttaw
and the Amyotha Hluttaw at the nearest session of the Pyithu Hluttaw and the
Amyotha Hluttaw. These bylaws, rules or regulations shall be submitted under the
programmes permitted by the Speaker to ensure systematization.
In this regard, a sufficient
period shall be fixed to enable the members of Hluttaws to know whether such
bylaws, rules or regulations are in conformity with respective provisions or
not. If a member finds out that a bylaw, rule or regulation does not meet the
provisions of the act concerned, he shall have the right to submit the matter to
the Hluttaw concerned in a fixed period to dissolve that bylaw, rule or
regulation, or to have the organ concerned to amend it. It will be a sufficient
period to study respective bylaws, rules or regulations if it is fixed that
Hluttaw members can put forward a proposal to the Hluttaw concerned within 90
days from the date bylaws, rules or regulations are released.
If there is a support for the
proposal of a Hluttaw member to dissolve or make amendment to a bylaw, rule, or
regulation, the proposal shall be discussed and decided at the Hluttaw
concerned. Should a proposal need to be decided at the Pyithu Hluttaw to annul
or amend a bylaw, rule or regulation, the Pyithu Hluttaw shall forward its
decision to the Amyotha Hluttaw to decide the case. Likewise, The Amyotha
Hluttaw shall do so. Only then, will there be the decision of both Hluttaws.
I had discussed in the Chapter of
the Pyidaungsu Hluttaw that a detailed basic principle should be adopted that if
both the two Hluttaws unanimously make a decision to dissolve or amend a bylaw,
rule, or regulation that is not in conformity with the provisions of the act
concerned, the decision shall be presumed to be that of the Pyidaungsu Hluttaw.
A detailed basic principle shall also be adopted that when two Hluttaws do not
reach a consensus, the Pyidaungsu Hluttaw shall decide the case. With reference
to this presentation, I would like to make a suggestion that in the Chapter of
the Pyithu Hluttaw and the Amyotha Hluttaw, the two Hluttaws do not reach a
consensus, the case shall be submitted to the Pyidaungsu Hluttaw.
As regards the matter that the
body concerned shall submit a bylaw, rule, or regulation, to be adopted under an
act, to the Pyithu Hluttaw and the Amyotha Hluttaw, and prescribing methods
under which measures need to be taken when it is found that a bylaw, rule, or
regulation is not in conformity with the provisions of the act concerned,
discussions are to be held and suggestions to be made to decide the point that
the detailed basic principle:
Pyithu Hluttaw
(a)After issuing a bylaw, rule or
regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ
concerned shall distribute the bylaw, rule or regulation to the Pyithu Hluttaw
members at the nearest regular session of Pyithu Hluttaw under the arrangements
permitted by the Speaker of the Pyithu Hluttaw.
(b)If it is found that a bylaw,
rule or regulation is not in conformity with the provisions of the law
concerned, Hluttaw members can submit a proposal to annul or amend the bylaw,
rule or regulation to the Pyithu Hluttaw within 90 days from the date that
bylaw, rule or regulation is circulated.
(c) If the Pyithu Hluttaw and the
Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend
a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
Amyotha Hluttaw
(a) After issuing a bylaw, rule
or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ
concerned shall distribute the bylaw, rule or regulation to the Amyotha Hluttaw
members at the nearest regular session of Amyotha Hluttaw under the arrangements
permitted by the Speaker of the Amyotha Hluttaw.
(b) If it is found that a bylaw,
rule or regulation is not in conformity with the provisions of the law
concerned, Hluttaw members can submit a proposal to annul or amend the bylaw,
rule or regulation to the Amyotha Hluttaw within 90 days from the date that
bylaw, rule or regulation is circulated.
(c) If the Amyotha Hluttaw and
the Pyithu Hluttaw do not reach a consensus in making a decision to annul or
amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu
Hluttaw.
should be adopted or not.
I would like to continue my
clarification to matters for submission and approving of bills to the Pyithu
Hluttaw and the Amyotha Hluttaw.
While I explained the submission
and approving of bills to the Pyidaungsu Hluttaw, to adopt detailed basic
principles, I made suggestions that the organs at the Union level formed under
the Constitution have the power to submit, of the matters included in the Union
Legislation List, bills on administrative measures the organs take themselves,
to the Pyidaungsu Hluttaw in line with the procedures prescribed; that national
plans, annual budget and bills on taxation shall be submitted by the Union
Government, and shall be under discussion only at the Pyidaungsu Hluttaw; except
the bills prescribed in the Constitution to be discussed only at the Pyidaungsu
Hluttaw, the remaining bills can be under discussion in accord with the
procedures at the Pyithu Hluttaw or the Amyotha Hluttaw.
If the Pyidaungsu Hluttaw
forwards the bill, submitted by a body at Union level formed under the
Constitution, to the Pyithu Hluttaw, the bill shall be presumed to be the one
submitted to the Pyithu Hluttaw first, and shall be dealt at the Pyithu Hluttaw.
If a bill is forwarded to the Amyotha Hluttaw, it shall be presumed to be the
one submitted to the Amyotha Hluttaw first and shall be dealt at the Amyotha
Hluttaw.
Among the rights of the members
of the Legislative Hluttaw, the one under which a bill can be submitted is an
important power, so members of the Pyithu Hluttaw and the Amyotha Hluttaw have
the power to submit a bill to respective Hluttaws. However, of the matters
stated in the Union Legislation List of the Constitution, except the matters
prescribed to be under discussion only at the Pyidaungsu Hluttaw, members of the
Pyithu Hluttaw and the Amyotha Hluttaw have the power to present the bills
related to the remaining matters. There should be a detailed basic principle
that the bills submitted by members of the Pyithu Hluttaw shall be discussed and
decided at the Pyithu Hluttaw; and the bills submitted by members of the Amyotha
Hluttaw shall be discussed and decided at the Amyotha Hluttaw.
While I made clarification to the
Chapter of the Pyidaungsu Hluttaw, I suggested that a detailed basic principle
be adopted that the bill, submitted to the Pyithu Hluttaw or the Amyotha Hluttaw
first, is approved by both Hluttaws, the bill shall be presumed to be the one
approved by the Pyidaungsu Hluttaw. So, it is required to take measures so that
a bill approved by a Hluttaw can be discussed and decided at the other Hluttaw.
In this regard, the bill submitted first and approved at the Pyithu Hluttaw
shall be forwarded to the Amyotha Hluttaw and vice versa. If the bills submitted
by a Union level body formed under the Constitution are not approved by a
Hluttaw, the Union level body concerned can take steps to submit them to the
other Hluttaw in coordination with the Speaker of the Pyidaungsu Hluttaw. So,
the bills submitted by Union level bodies formed under the Constitution can be
under discussion for a decision at both Hluttaws. I will have to explain
procedures to be carried out if the two Hluttaws do not reach an agreement.
Therefore, with respect to
submission of a bill to 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) If the Pyidaungsu Hluttaw
sends the bills submitted by a Union level organization formed under the
Constitution to the Pyithu Hluttaw in accordance with prescribed provisions,
they shall be presumed that the bills are initiated in the Pyithu Hluttaw and
shall be discussed and passed resolution in the Pyithu Hluttaw.
(b) Of the matters stated in the
Union Legislation List, except the matters prescribed in the Constitution for
which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision,
members of the Pyithu Hluttaw have the right to initiate the bills related to
the remaining matters in the Pyithu Hluttaw. Such bills shall be under
discussion at the Pyithu Hluttaw in line with the prescribed provisions.
(c) The bills approved by the
Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions
and making a decision.
Amyotha Hluttaw
(a) If the Pyidaungsu Hluttaw
sends the bills submitted by a Union level organization formed under the
Constitution to the Amyotha Hluttaw in accordance with prescribed provisions,
they shall be presumed that the bills are initiated in the Amyotha Hluttaw and
shall be discussed and passed resolution in the Amyotha Hluttaw.
(b)Of the matters stated in the
Union Legislation List, except the matters prescribed in the Constitution for
which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision,
members of the Amyotha Hluttaw have the right to initiate the bills related to
the remaining matters in the Amyotha Hluttaw. Such bills shall be under
discussion at the Amyotha Hluttaw in line with the prescribed provisions.
(c)The bills approved by the
Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions
and making a decision.
should be adopted or not.
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