It is appropriate to take action against a member of the Pyithu Hluttaw in accord
with the law and bylaws of the Pyithu Hluttaw and against a member of the Amyotha Hluttaw
in accord with the law and bylaws of the Amyotha Hluttaw

YANGON, 9 Jan — The following is a translation of suggestions of Delegate Group of National Races submitted to the plenary session of the National Convention by U Shi Thi of Sagaing Division regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

We are going to present our suggestions based on the clarification made by the National Convention Convening Work Committee Chairman at the plenary session of the National Convention concerning the detailed basic principles for legislation of the Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw and Region and State Hluttaws. The delegate group of peasants comprises various nationalities and people of all walks of life from 63 districts in 14 states and divisions. Taking the bitter experiences of the past as lessons and reviewing the present objective conditions correctly, we of the delegate group compiled our paper with firm resolve for emergence of a durable constitution that ensures the perpetuation and unity of the Union.

We present the paper in support of the clarification made by the Work Committee Chairman. In addition, there may be some other suggestions we believe members of the panel of chairmen can use as necessary if they assume them appropriate. We will accept with pleasure if the panel of chairmen explains the matters that can be inclusive at the respective hluttaws according to the law. Please let us know if there are matters which can be mentioned as directive principles. In our view the powers and functions of the President should include the power to convene the Pyidaungsu Hluttaw. The President should also have the power to inform the Speaker about the convening of the special session or emergency session.

Means should be prescribed for the casting of votes and approvals at the Pyidaungsu Hluttaw concerning the non-specific matters that need the decision and approval of the Pyidaungsu Hluttaw. In our view, a detailed basic principle concerning the majority vote of the Pyidaungsu Hluttaw members to decide a non-specific matter in the Pyidaungsu Hluttaw should be also laid down. The right to vote of the Pyidaungsu Hluttaw Speaker who is also a member of the Hluttaw should also be prescribed.

We assume that it is appropriate to take action against a member of the Pyithu Hluttaw in accord with the law and bylaws of the Pyithu Hluttaw and against a member of the Amyotha Hluttaw in accord with the law and bylaws of the Amyotha Hluttaw. The Pyidaungsu Hluttaw should inform the respective hluttaws about the matter without taking action against the member concerned.

In accordance with our paper on suggestions concerning the legislation of the Pyidaungsu Hluttaw we present a compilation of the detailed basic principles that should be adopted as follows;

(1) “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.”

(2) “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”

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(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.

(4) “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary”

(5) “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”

(6) “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”

(7) (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.”

(8) (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.

(9) “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.”

(10) “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”