Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw

YANGON, 20 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 Member of the National Convention Convening Commission Deputy Minister for Information U Thein Sein at the Plenary Session of the National Convention held on 14 December.

Regarding a bill submitted with the approval of a Hluttaw, I would like to present the right of the other Hluttaw to discuss and approve it.

In some nations, each of which form two Hluttaws, a Hluttaw has the power to decide a bill, sent by the other Hluttaw, to approve it or not. When it is decided to approve the bill, a Hluttaw has the right to make some amendments to it. Section 98 and Section 99 of the 1947 Constitution showed that our nation practiced a similar procedure in the time of the Chamber of Deputies and the Chamber of Nationalities.

Future Pyithu Hluttaw and Amyotha Hluttaw will have to keep in touch with each other in dealing with bills. If a bill approved by the Amyotha Hluttaw is to be under discussion at the Pyithu Hluttaw, the latter has the power to make a decision that the bill meets with its approval or not, or to show its approval attached with some amendments to the bill. The Pyithu Hluttaw, after making a decision on the bill, has to return the bill alongside its decision, to the Amyotha Hluttaw.

Similarly, a bill sent with the approval of the Pyithu Hluttaw is to be under discussion at the Amyotha Hluttaw, the latter has the right to make a decision that the bill meets with its approval or not, or to show its approval attached with some amendments to the bill if necessary. The Amyotha Hluttaw, after making a decision on the bill, has to return the bill alongside its decision, to the Pyithu Hluttaw.

I made a suggestion in my clarification in the Chapter of the Pyidaungsu Hluttaw that a detailed basic principle be adopted that a bill submitted to the Pyithu Hluttaw or the Amyotha Hluttaw first, meets with the approval of both Hluttaws, it shall be presumed to be the approval of the Pyidaungsu Hluttaw. If the bill sent with the approval of the Pyithu Hluttaw meets with the approval of the Amyotha Hluttaw, or the bill sent with the approval of the Amyotha Hluttaw meets with the approval of the Pyithu Hluttaw, the bill would be the one that the Pyidaungsu Hluttaw approves.

If the Amyotha Hluttaw returns a bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with some amendments, to the latter, it would need to hold discussions on the amendments at the Pyithu Hluttaw to decide whether they are acceptable or not. Similarly, if the Pyithu Hluttaw returns a bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with some amendments, to the latter, it would need to hold discussions on the amendments at the Amyotha Hluttaw to decide whether they are acceptable or not. In the process, if the Pyithu Hluttaw decides to accept the amendments of the Amyotha Hluttaw, or the Amyotha Hluttaw decides to accept the amendments of the Pyithu Hluttaw, the bills will be the ones the Pyidaungsu Hluttaw shall approve. So, there shall be a rule that respective Hluttaws shall forward the bills to the Speaker of the Pyidaungsu Hluttaw so that tasks can be carried out sector-wise to enact a law under the signature of the President of the State.

Sometimes, both Hluttaws can approve a bill, but sometimes, they do not reach an agreement. It needs to adopt a rule that if the two Hluttaws do not reach a consensus, they shall seek the decision of the Pyidaungsu Hluttaw. In the process, the Hluttaw that discusses the bill first shall be responsible to the decision of the Pyidaungsu Hluttaw.

Regarding the right, in sending a bill approved by the Pyithu Hluttaw to the Amyotha Hluttaw or a bill approved by the Amyotha Hluttaw to the Pyithu Hluttaw, of the Hluttaw that receives the bill, discussions are to be held and proposals to be submitted so as to decide the point that the detailed basic principle:

Pyithu Hluttaw

(a) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.

(b) When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.

(c) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.

Amyotha Hluttaw

(a) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amend-ments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.

(b) When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.

(c) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.

shall be adopted or not.

In my clarification in the legislative functions of the Pyidaungsu Hluttaw, I suggested a detailed basic principle be adopted that the Union level organs formed under the Constitution have the power to submit bills to the Pyidaungsu Hluttaw; that they shall also submit the matters prescribed in the Constitution, that are to be carried out in line with the Pyidaungsu Hluttaw’s decision and approval, to the Pyidaungsu Hluttaw; that in such matters, members representing a Union level body formed under the Constitution shall have the power to submit reports and hold discussions at the Pyidaungsu Hluttaw; and that such members representing a Union level body, while attending the sessions of the Pyidaungsu Hluttaw with the permission of the Speaker, shall have the right to make clarification and hold discussions on the bills of respective bodies.

Members of a Union level body formed under the Constitution would have the right to clarify and discuss the matters related to the bills of respective bodies at the Pyithu Hluttaw and the Amyotha Hluttaw too. Generally, before bills submitted to a body or other matters are under discussion at Hluttaws, respective committees and commissions scrutinize the bills and matters. So, with the permission of respective committees and commissions or the heads, such members shall have the power to hold discussions on their bills and matters at the committees formed in the Pyithu Hluttaw and the Amyotha Hluttaw, at the commissions occasionally formed in the Pyithu Hluttaw and the Amyotha Hluttaws, and at subcommittees along with the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw.

The right of holding discussions in the session of the Pyithu Hluttaw and the Amyotha Hluttaw represents the right of submission of a bill, dealing with matters on the bill, making further clarification if necessary in response to the discussions of Hluttaw members, clarifying a matter submitted by respective bodies to the Hluttaw or a matter concerning respective bodies, and replying to the queries on the matter related to respective bodies raised by Hluttaw members.

So, regarding the right of members representing a Union level body formed under the Constitution to hold discussions at the sessions of the Pyithu Hluttaw or the Amyotha Hluttaw, and the meetings of Hluttaw committee or commission, and the meetings of both Hluttaws, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

Pyithu Hluttaw

Members of a Union level body formed under the Constitution shall have the right—

(a) to explain and discuss the bills and other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw.

(b) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Pyithu Hluttaw with the permission of the heads of these committee, commission and bodies.

Amyotha Hluttaw

Members of a Union level body formed under the Constitution shall have the right—

(a) to explain and discuss the bills and other matters of their bodies while attending a session of the Amyotha Hluttaw with the permission of the Speaker of the Amyotha Hluttaw.

(b) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Amyotha Hluttaw with the permission of the heads of these committee, commission and bodies.

should be adopted or not.

I would like to explain the duties and authority of the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw.

In laying down detailed basic principles for the formation of the legislation, the National Convention adopted a detailed basic principle that the Speaker and Deputy Speaker of the Pyithu Hluttaw and the Speaker and Deputy Speaker of the Amyotha Hluttaw shall be invested with duties, authority and rights under law. Regarding the major tasks and rights of the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw, a detailed basic principle shall be adopted for setting up standards to be applied in investing the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw with duties and rights in accord with the law.

The Speakers of Hluttaws are responsible for supervising sessions of Hluttaws, and successful completion of proceedings at a session of Hluttaw. Simultaneously, they also shall supervise discussions of Hluttaw members in a session of Hluttaw to be in accordance with Hluttaw provisions.

In addition, the Speaker has to supervise a session of Hluttaw by making a decision in line with Hluttaw law for a matter being dealt with at a Hluttaw session, and warning and taking action against a member under Hluttaw law if his deeds or words are not in conformity with the rules.

In my clarification to sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, I dealt with a matter that the President of the State, as well as the Head of State, addresses the sessions. The Hluttaw concerned shall welcome the President of the State if he informs the wishes to deliver a speech at a session of the Pyithu Hluttaw or the Amyotha Hluttaw. The Speaker of the Hluttaw concerned shall be invested with the responsibility to invite the President of the State to deliver a speech after fixing a time and date convenient for both the President and the Hluttaw concerned.

The Hluttaw Speaker concerned shall, if he presumes it will enhance the interests of the people, have the right to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw and the Amyotha Hluttaw to explain the bills being under discussion at the Pyithu Hluttaw or the Amyotha Hluttaw or other matters.

A detailed basic principle shall be adopted regarding the duties to be carried out by the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw in accord with the Constitution to cover the duties and powers of the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw that may be included in the detailed basic principles to be adopted for the next Chapters.

So, with respect to the duties and powers of the Speakers of the Pyithu Hluttaw and the Amyotha Hluttaw, discussions are to be held and proposals to be submitted to decide a point that the detailed basic principle:

Pyithu Hluttaw

The Speaker of the Pyithu Hluttaw shall have the right—

(a) to supervise sessions of the Pyithu Hluttaw.

(b) to invite the President of the Union if he informs his desire to deliver a speech at a session of the Pyithu Hluttaw.

(c) to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw.

(d) to discharge other duties and functions prescribed under the Constitution or a law.

Amyotha Hluttaw

The Speaker of the Amyotha Hluttaw shall have the right—

(a) to supervise sessions of the Amyotha Hluttaw.

(b) to invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw.

(c) to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw.

(d) to discharge other duties & functions prescribed under Constitution or a law.

should be adopted or not.

I would like to explain matters related to rights of members of the Pyithu Hluttaw and Amyotha Hluttaw.

Hluttaws of world nations prescribe rights of their members. Some nations prescribe such rights in the Constitution, and some nations in Hluttaw law and bylaw.

In my clarification to members of the Pyidaungsu Hluttaw, I explained provisions that Section 68 of the 1947 Constitution said that subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Parliament, there shall be freedom of speech in the Parliament, and no member of the Parliament shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Parliament or any Committee thereof, and no person shall be so liable in respect of publication by or under the authority of a Chamber of the Parliament of any report, paper, votes, or proceedings. In other respects, the privileges of members of either Chamber of Parliament shall be such as may, from time to time, be defined by an Act of the Parliament.

With reference to this Section, Sub-section (1) of Section (3), of 1959 Parliament Members Authority and Privileges Act said that no member of Parliament shall be liable to any proceedings in any Court in respect of anything discussed, said, or vote given by him, or other proceedings in the Parliament or any Committee. Hluttaw means an assembly of parliament or two assemblies that are jointly holding a meeting. Section (2) of the 1959 Parliament Members Power and Privileges Act said committee means temporary or permanent committee of parliament and committee of two assemblies.

Article 60 of the 1974 Constitution said that all deliberations in sessions of the Pyithu Hluttaw or of the Organs of the Pyithu Hluttaw are absolutely privileged. No member shall be liable or punishable therefor, except under the laws, rules and regulations of the Pyithu Hluttaw.

Rights and privileges of Hluttaw members were prescribed in Article 37 of the 1974 Constitution. Among them, a privilege is that regarding the proceedings in Hluttaw or Hluttaw organs, no member of Parliament shall be liable to any proceedings in any Court except parliament.

Members of the Pyithu Hluttaw and the Amyotha Hluttaw that would be formed in future shall have similar privileges. Members of the Pyithu Hluttaw and the Amyotha Hluttaw shall have freedom of speech and vote at any meetings held in respective Hluttaws, and Hluttaw committee meetings held in the compound of Hluttaw if subject to the provisions of the Constitution and the acts of respective Hluttaws.

Hluttaw committees are such committees to be formed in the Pyithu Hluttaw and the Amyotha Hluttaw stated in laying down detailed basic principles for legislative formation as bill committee, public accounts committee, Hluttaw privileges committee, committee for scrutinizing government guarantees, committees on defence and security, legislation, administration, national races affairs, economy, finance, social and foreign affairs that will be formed for a period by respective Hluttaws when necessary, committees to be formed for a period by respective Hluttaws when necessary for other affairs, and joint-committees to be formed when two Hluttaws need to make a joint-study.

I also explained that members or persons representing a Union level body formed under the Constitution shall, under the permission of the Speakers of respective Hluttaws, have the right to hold discussions on matters relating to their bodies at sessions of the Pyithu Hluttaw and the Amyotha Hluttaw. And a detailed basic principle shall be adopted that Speakers of respective Hluttaws shall have the right to invite members or persons representing a Union level body formed under the Constitution if necessary for holding discussions on ongoing matters at Hluttaw sessions.

Members representing a Union level body formed under the Constitution who will have the right to attend sessions of the Pyithu Hluttaw or the Amyotha Hluttaw, and members and persons from that body invited to sessions of the Pyithu Hluttaw or the Amyotha Hluttaw shall have freedom of speech at respective Hluttaw, subject to the provisions of the Constitution and respective Hluttaws.

It is required to avoid words opposed to the provisions of the Constitution and respective Hluttaws in enjoying freedom of speech. If a member violates such right, he will have to be taken action under the act of respective Hluttaws. If such a case occurs in the Hluttaw, action shall be taken under a Hluttaw act but not other acts.

However, respective members are required to avoid attacking physically in applying such privilege in order not to tarnish the dignity of Hluttaw. Action shall be taken against a member if he commits physical attack.

A detailed basic principle has been adopted in the legislative formation that the Pyithu Hluttaw and the Amyotha Hluttaw have the right to form commission and bodies if necessary to study matters except what the Hluttaw committee study. In the process, it is prescribed that commissions and committees shall be formed with members of respective Hluttaws or suitable persons. Like Hluttaw members, the citizens belonging to such commissions or committees shall have the freedom of speech and vote in meetings of the commissions and committees held in the compound of Hluttaw.

Regarding the privileges of the members of the Pyithu Hluttaw and the Amyotha Hluttaw, and members and persons representing a body formed under the Constitution who are permitted to attend or invited to Hluttaw meetings, discussions are to be held and proposals to be submitted to decide the point that the detailed basic principle:

Pyithu Hluttaw

(a ) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.

(b) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.

(c) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

Amyotha Hluttaw

(a) Members of the Amyotha Hluttaw shall have the freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.

(b) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.

(c) Action shall be taken against those members stated in sub-paras (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

should be adopted or not.