The Union Government upholds and maintains stability, peace, and
prevalence of law and order in the country

YANGON, 8 March — The following is the clarification made by Member of the National Convention Convening Work Committee Deputy Minister for Information U Thein Sein, on behalf of the Chairman of the National Convention Convening Work Committee, on Executive Powers of the Union Government for laying down detailed basic principles for sharing of legislative and judicial power to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, yesterday.

Detailed basic principles relevant to the executive branch have been laid down at the previous plenary meetings of the National Convention. As regards the formation of the Union Government, detailed basic principles have also been laid down as follows:

“The Executive Head of the State is the President of the State.”; “The Union Government of the State shall be formed with the President of the State, Vice-Presidents, Union Ministers, and the Attorney-General of the Union.”; “The executive power of the State is distributed among the Pyidaungsu, regions and states.”; and “Self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution.”

In line with the detailed basic principles already laid down, it is necessary to distinguish the executive power of the Union Government from that of the region or state governments. Likewise, the self-administrative powers of the self-administered area leading bodies should also be distinguished.

At the outset, I would like to present the Work Committee’s assessment concerning the executive power that should be vested in the Union Government, and the duty and rights relevant to that power.

According to the detailed basic principles already laid down, the Head of State, who is the President of the State, shall lead the Union Government. This being the case, the Union Government should be vested with a variety of executive powers, and the duty and rights relevant to these powers.

So broad is the executive power of a nation. Executive power is involved in everyday functions. The routine jobs the people do daily cannot escape administration. The administrative tasks of the State are so huge and broad that the Pyidaungsu Hluttaw is to introduce necessary laws to enable the Union Government to exercise its executive powers effectively.

No matter how different the administrative patterns of the world nations are, the governments enact laws that will be consistent with the administrative machinery of their respective countries so that they can carry out the administrative tasks systematically and effectively. In this context, some countries embody two separate legislative lists in their Constitutions: the one to be promulgated by the central legislature and the other by regional legislative bodies.

The duty and rights relevant to administration are precisely stipulated without loopholes in the Constitutions of world nations so that the government’s executive power can extend to every matter. Yet, there arise some necessities and weaknesses. Provisions are in advance embodied to address such consequences when they arise. That sort of provisions are that matters embodied in the legislative list of the Constitution fall within the executive power.

It is found that the Constitutions of the nations formed in Union System embody separate legislative lists in them, but the nations formed in Unitary System do not enlist the legislative lists separately in their Constitutions. Moreover, it is also found that in connection with the legislation, separate provisions are embodied in the Chapters concerned of the Constitution.

As regards the role of the Union Government, it is stated in Section 122 of 1947 Constitution that “Subject to the provisions of this Constitution, the executive authority of the Union extends to the matters with respect to which the Parliament has power to make laws.”

When the Constitutions of some neighbouring countries, it is found that the executive authority of the Union Government, if it is subject to the provisions of the Constitution, extends to the matters with respect to which the Parliament has power to make laws.

According to the provisions of the constitution there will be the Pyidaungsu Hluttaw comprising the Pyithu Hluttaw and the Amyotha Hluttaw, and the Region or State Hluttaw. Therefore, detailed basic principles have been laid down on the delegation of legislative power to them distinguishing the Union Legislative List from the Region or State Legislative List. The Union Legislative List constitutes such major sectors as defence and security; foreign affairs; finance and planning; economy; agriculture and livestock breeding; energy, electricity, mining and forestry; industry; transport, communication and construction; social affairs; management; and judiciary. Detailed legislative matters are mentioned in each of these major sectors. Among the matters mentioned in the Union Legislative List are administrative matters to be taken charge of by the Union Government.

To carry out its duties and functions more effectively, the Union Government is to designate ministries as necessary and assign duties to them. The Pyidaungsu Hluttaw is to enact necessary laws to make such efforts more effective and fruitful. To be able to do so, the Pyidaungsu Hluttaw is vested with the power to make laws in the Union Legislative List. Only then is the Union Government, in carrying out its duties and functions, to submit bills necessary for the benefit of the Union to the Pyidaungsu Hluttaw. Only then is the Pyidaungsu Hluttaw to enact necessary laws in accord with the provisions mentioned in the constitution. It can be found that the duties and rights of the Union Government, which is an administrative organ, correlate with those of the Pyidaungsu Hluttaw, which is a legislative organ.

In connection with the executive power of the Union Government, it is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

“Subject to the provisions of the Constitution, the executive power of the Union, extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.”

I will now continue the Work Committee’s observation concerning the executive authority of the Union that is vested in the President of the State.

According to the detailed basic principles already laid down, the President of the State, who is also the Head of State, shall lead the Union Government. It has been mentioned above that the Union should be vested with a variety of executive authority. The person who will exercise the executive authority of the Union Government should be the President of the State who will lead the Union Government. Only then will it be in accord with the detailed basic principles already laid down.

It is natural and appropriate that the executive power is vested in the Head of State, who is the highest executive authority of the nation. However, it is necessary to ensure that such an executive power does not serve as an obstacle to the rights of the legislative body like the Pyidaungsu Hluttaw. Only then will any clash between the legislative power and the executive power, which are among the three sovereign powers of the State, be avoided.

As regards the executive authority of the Union that is vested in the President of the State, it is stated in Section 59 of 1947 Constitution that “Subject to the provisions of this Constitution, the executive authority of the Union shall be vested in the President; but nothing in this section shall prevent the Parliament from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions vested in any court, judge, or officer, or any local or other authority by any existing law.”

The legislative sector of the constitution will constitute the Pyidaungsu Hluttaw which comprises the Pyithu Hluttaw and the Amyotha Hluttaw, or the Region or State Hluttaw, or the self-administered division leading body or the self-administered zone leading body.

Similarly, in the executive sector, the administrative machinery will be installed with the Union Government, the Region or State government, or the self-administered division leading body or the self-administered zone leading body. Powers will be delegated to the respective authoritative organs at different levels. In doing so, the Pyidaungsu Hluttaw is responsible to enact laws as necessary. There are many provisions that have vested the functions in either a certain authoritative body or a certain authority by the existing laws.

In connection with the matter that the executive power is vested in the President of the State, it is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

“Subject to the provisions of the Constitution, the executive authority of the Union, shall be vested in the President; but nothing in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned, or any other person in authority concerned by existing laws.”

I would like to continue the Work Committee’s observation concerning the adoption of detailed basic principles on taking the executive action of the Union Government in the name of the President of the State, and making the functions of the Union Government on behalf of the President of the Sate as effective as those of the President of the State.

According to the detailed basic principles already laid down, the President of the State, who is the Head of State, shall lead the country. It is natural and appropriate that the executive power is vested in the Head of State, who is the highest executive authority of the nation. However, it is found insufficient in a pragmatic way that the President of the State alone is responsible for all the matters related to administration. But nowadays, when it comes to signing international treaties, it can be found that ministers concerned or officials concerned, on behalf of the Head of State, sign them.

According to the constitution that will come into existence in the future, Union ministers who are members of the Union Government led by the President of the State, on behalf of the President of the State, promulgate orders, directives and so on.

Supposing that the President of the State alone has the right to ratify and release such things, the administrative machinery will operate at a slow pace. There may arise some ambiguities over the legitimacy of signature put by ministers of the Union government.

In Section 121 of 1947 Constitution, the paragraph (1) prescribes “All executive action of the Union government shall be expressed to be taken in the name of the President.”; the paragraph (2) “Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.”; and paragraph (3) “The President shall make rules for the transaction of the business of the Union Government, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the President is by or under this Constitution required to act in his discretion. Without prejudice to the generality of the foregoing provisions the allocation of business may be regionwise as well as subjectwise.”

Article 80 of 1974 Constitution of Myanmar prescribes that “The Chairman of the Council of State shall sign the laws, rules, and resolution passed by the Pyithu Hluttaw as well as orders promulgated by the Council of State. These shall be promulgated in the official Gazette”. The Chairman of the Council of State ratifies the laws promulgated in accord with this Article. Practically, it is not easy enough for the Chairman of the Council of State to ratify every law promulgated by the Council of State.

This being the case, the Article 80 was defined in the resolution No 27-4/75 of the fourth meeting of the first Pyithu Hluttaw held on 21-10-1975 as follows:

Resolution No 27-4/75 Resolution on the definition of the term “Orders promulgated by the Council of State” mentioned in Article 80 of 1974 Constitution.

With respect to the term “orders promulgated by the Council of State” mentioned in Article 80 of the Constitution of the Socialist Republic of the Union of Burma, it is defined at the sixth-day session of the fourth meeting of the first Pyithu Hluttaw held on the second waxing of Thidingyut, 1337 ME (21-10-1975) as the orders promulgated in connection with the following matters:

(a) Summoning the Hluttaw meeting;

(b) Declaration of the state of emergency;

(c) Declaration and revocation of martial law;

(d) Limiting or withdrawing citizen’s freedom and right as necessary;

(e) Interpretation of Constitution by the Hluttaw;

(f) Dissolving of a people’s council and giving duty for election for a new people’s council according to the decision of the Hluttaw;

(g) Orders which shall have the force of law;

(h) Amnesty and punishment relating to the public;

(i) Promulgation of titles and medals of honour;

(j) Council of State’s decisions, which must be promulgated as order;

According to the above interpretation by the Pyithu Hluttaw, it is found that matters which the Chairman of the Council of State himself was to ratify were designated, and that orders relevant to other matters decided by the Hluttaw and orders relevant to other matters promulgated by the Council of State can be ratified by any one of responsible personnel.

The administrative tasks of the Union Government may fall into the tasks to be implemented by the President of the State himself and those to be implemented by officials concerned including ministers of the Union Government in the name of the President.

According to above observation, the President of the State should be vested with the power to promulgate necessary rules and regulations, and procedures to ensure the smooth running of administration machinery and legitimacy.

Moreover, the President of the State should be vested with the power to allocate his duties and functions regionwise or subjectwise.

In connection with undertaking administrative tasks of the Union Government in the name of the President; making the functions of the Union Government on behalf of the President of the Sate as effective as those of the President of the State; and allowing the President to allocate his duties and functions regionwise or subjectwise, it is therefore necessary to discuss and suggest as to whether or not detailed basic principles should be laid down as follows:

1. “All executive action taken by the Union government shall be expressed as done in the name of the President.

2. Orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. In addition, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it was not done by the President.

3. The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.”

4. “Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be regionwise as well as subjectwise.”

I will now continue the Work Committee’s observation concerning the responsibility of the Union Government for the upkeep of stability, peace, and rule of law in the country.

Since holding accountable for the executive duty of the State, the Union Government is to endeavour to ensure the smooth running of administration machinery. Only then will the all-round development tasks of the State be successful. In this process, the Union Government is to maintain the stability, regional peace and the rule of law in the country. Only when stability reigns the country will economy become stable, whereupon businesses of the State will thrive. Likewise, national stability will give rise to social stability, whereupon the tasks will be undertaken for health and fitness of the entire people, higher education level, and preservation of cultural heritage.

Stability of the State depends on national consolidation. To consolidate the national unity is the most crucial national concern. In other words, with the further consolidation of national unity comes success in promoting the interests of the country and the people. The Union Government will be able to achieve the consolidated unity from making efforts to bridge the gap as much as possible in the development tasks for all the national people residing in the Union.

The Union Government is responsible to crush a variety of alien attempts of some countries designed to destroy national unity. If the Union Government can consolidate national unity, it will also be able to maintain the stability of the State. Maintaining the stability of the State is maintaining the regional stability and the rule of law. They correlate each other.

The Union Government is to work hard to turn the country into a new state developed in all sectors by making most of rich natural resources and economic resources. Moreover, continued efforts are to be made to create transitional conditions from the agricultural to industrial nation, and then to a nation developed in all sectors. Instability, weak national unity, and subversive acts committed by alien saboteurs can be detrimental to business transactions as well as to domestic and foreign investment. It is therefore necessary to deter such destructive acts with constant vigilance so that effective measures can be taken for all-round development tasks.

As its prime task for ensuring the stability, regional peace and the prevalence of law in the country, the Union Government is to make continued efforts to create favourable conditions that can be of help for the smooth running of administration machinery as well as for the establishment of the country into one developed in all sectors.

Of the detailed basic principles already laid down as regards the citizens’ responsibilities, one principle reads “Public peace and tranquillity and prevalence of law and order is the responsibility of every citizen.” The Union Government needs to make constant efforts to uphold and maintain the stability, peace and prevalence of law and order with the duty-conscious participation of citizenry.

It is therefore necessary to discuss and suggest as to whether or not a detailed basic principle should be laid down as follows:

“The Union Government upholds and maintains stability, peace, and the prevalence of law and order in the country.”

Now, I will present the study on the laying down and implementation of the policies which is a task of the Union Government.

A nation must have a government for her to be in accord with her required characteristics. The people need to know the policies, projects and work programmes stating the way the Government is going to lead, defend, and administer the nation, the Government’s stance in foreign relations, its plans and systems to develop the nation and its priority tasks. The Government will have to clearly and officially inform about policies, projects and work programmes to world nations too. The laying down of the policies, projects and work programmes should be in line with the political, administrative, economic and social objectives, basic principles and general guidelines stipulated in the Constitution.

The governments of the world countries have to lay down and implement policies, projects and work programmes that conducive to their natural conditions for peace, stability, prosperity and progress.

Those governments should also be aware of the fact that the policies, projects and work programmes are subject to the objectives, basic principles and guidelines contained in the constitution. If a government carries out its task without specific policies and work programmes to reach the goal, it will never achieve success and stability.

Objectives have already been laid down for the future constitution. The previous sessions of the National Convention have also laid down basic principles to be formulated as basic principles of the State. As the objectives and the already-laid-down basic principles will be contained in the future constitution, the authoritative bodies should uphold them as general guidelines. In this regard, the Union Government, that will undertake the administrative duties of the State will have to lay down the policies within the framework of the State Policy and in addition the policies should be in accord with the stipulations contained in the Constitution.

The main responsibility rests on the Union Government, the administrative body of the State, to successfully materialize its policies in accord with the already-laid-down policies of the State. The Union Government will have to lay down long-term, short-term plans and annual plans in accord with the policies laid down and to systematically implement them. and if needed, it will have to draw and implement special projects.

The Union Government should state the aims of the projects, which are in conformity with the policies laid down, in submitting the long-term, short-term and annual plans to the Pyidaungsu Hluttaw. In doing so, it should present the national economic plans together with the statements on sector-wise targets of the agricultural, fish and meat, forestry, energy, mineral and mining, industrial, electricity, construction, transport and communication, trade, social and monetary sectors of the entire nation and the gross domestic product of the nation attached with other related clarifications.

The Union Government as necessary will have to implement special projects to build highways and bridges, explore and drill oil and gas, and construct dams and reservoirs, together with their estimated budget and explanation on the benefits they will bring after obtaining the approval of the Pyidaungsu Hluttaw by presenting it.

Hence, delegates will have to discuss whether or not to lay down the following basic principle:

“The Union Government shall lay down its policies in accord with the provisions contained in the Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.”

Clarification on Executive Power of Union Government presented on behalf of Chairman of the National Convention Convening Work Committee by National Convention Convening Work Committee Members Deputy Attorney-General Dr Tun Shin and Supreme Court Judge Dr Tin Aung Aye will be published in the newspapers to be issued on 10 March.