The first session of the Pyidaungsu Hluttaw should be held within 15 days
after the beginning of the first session of the Pyithu Hluttaw

YANGON, 5 Jan— The following is a translation of the proposals submitted to the plenary session of the National Convention by U Kyi Win of Mingaladon Township Constituency-1 regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the six Independent Representatives-elect — U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2— on 3 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Unity is the main requirement for the nation where various nationalities are living together. The essential need for the flourishing of justice, freedom and equality in the nation is the Constitution. All the national people have the duty for emergence of the Constitution, and the delegates to the National Convention have greater responsibility in this matter.

The laying down of the detailed basic principles for executive power includes the fixing and reducing the number of ministers and ministries with the approval of Pyidaungsu Hluttaw after the election of the President and the Vice-Presidents, the nomination of the Pyidaungsu ministers, the attorney-general and auditor-general, the nomination of the chief minister, other high level officials and judges of the Pyidaungsu supreme court, the powers of the President for activating the administrative and judicial machinery and the convening of the first session of the Pyidaungsu Hluttaw.

In our view the detailed basic principles “The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw”.

“The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.

“The Speaker of the Pyidaungsu Hluttaw shall call the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months” should be laid down.

As we have approved the clarification of the National Convention Convening Work Committee Chairman concerning the following tasks to be carried out at the Pyidaungsu Hluttaw meetings, we proposed the following be laid down as detailed basic principles:

“(a) Recording the address delivered by the President

“(b) Reading out and the recording the message sent by the President and other messages permitted by the President

“(c) Submitting and discussing and making decision on a bill

“(d) Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw

(e) Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution

(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw

“(g) Submitting proposals, and making discussions and decisions

“(h) Asking questions and replying answers

“(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.”

In accordance with the explanation of the Work Committee Chairman the detailed basic principles “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” and “The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a special session or an emergency session of the Pyidaungsu Hluttaw” should be laid down.

We support the Work Committee Chairman’s clarification concerning the laying down of the following detailed basic principles:

“The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw”

(a) “The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.

(b) “The meetings that are adjourned due to invalidity in accord with the sub para (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.”

Concerning the voting and the absence of the members from the Pyidaungsu Hluttaw meetings without leave, we are in support of the laying down of the detailed basic principles “(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 Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.” and “If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days on account shall be taken of any period during which the Chamber is prorogued, or is adjourned.”

We see the detailed basic principles “Although there are vacant seats, the Pyidaungsu 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 vote or took part in the proceedings are discovered later” “The functions and records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published” clarified by the Work Committee Chairman appropriate for the Constitution.

As regards the legislative power of the Pyidaungsu Hluttaw, we agree that the detailed basic principle “(a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List. (b) If a bill initially presented at the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.” should be laid down.

After studying the Work Committee Chairman’s clarification concerning the enactment of laws by the Pyidaungsu Hluttaw, we find the following detailed basic principle suitable for the Constitution: (a) When the Pyidaungsu Hluttaw enacts a law, it shall —

(i) entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution.

(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by an Act shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any one the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to annul or amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however, to the validity of any action pre-viously taken under the rules, regulations or bylaws.

To enable the President to facilitate his work in the matters concerning the international treaties, the following basic principle should be laid down:

“The Pyidaungsu Hluttaw shall —

“(a) give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

“(b) fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, cancel and withdraw from them.”