Even if there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks

YANGON, 20 Dec— The following is the presentation 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 Work Committee Supreme Court Judge U Tin Aye at the Plenary Session of the National Convention held on 14 December.

9. (a) 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.

(b) 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.

10. (a) 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 But the functions and records restricted by a law or decisions of the Pyithu Hluttaw shall not be published.

(b) 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 But the functions and records restricted by a law or decisions of the Amyotha Hluttaw shall not be published.

11. (a) 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

(b) 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

12. (a) (1) 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.

(2) 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.

(3) 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.

(b) (1) 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.

(2) 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.

(3) 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.

13. (a) (1) 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.

(2) 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.

(3) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.

(b) (1) 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.

(2) 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.

(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.

14. (a) (1) 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.

(2) 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.

(3) 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.

(b) (1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.

(2) 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.

(3) 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.

15. (a) Members of a Union level body formed under the Constitution shall have the right—

(1) 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.

(2) 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.

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

(1) 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.

(2) 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.

16. (a) The Speaker of the Pyithu Hluttaw shall have the right—

(1) to supervise sessions of the Pyithu Hluttaw.

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

(3) 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.

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

(b) The Speaker of the Amyotha Hluttaw shall have the right—

(1) to supervise sessions of the Amyotha Hluttaw.

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

(3) 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.

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

17. (a) (1) 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.

(2) 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.

(3) 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.

(b) (1) 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.

(2) 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.

(3) 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.

18. (a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.

(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker through the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.

(3) If there arises a need to arrest a member of Pyithu Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.

(b) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.

(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Amyotha Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.

(3) If there arises a need to arrest a member of Amyotha Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.

19. (a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.

(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.

In conclusion, I would like to urge the delegates to hold discussions and submit proposals to decide whether the detailed basic principles I have presented shall be adopted or not regarding the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.