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PREAMBLE
We, the people residing
in the Socialist Republic of the Union of Burma have throughout history
lived in harmony and unity sharing joys and sorrows in weal or
woe.
The
people of the land have endeavoured with perseverance and undaunted
courage, for the attainment of independence, displaying throughout their
struggles for national liberation against imperialism an intense
patriotism, spirit of mutual help and sacrifice and have aspired to
Democracy and Socialism.
After attaining
independence, the power and influence of the feudalists, landlords, and
capitalists had increased and consolidated due to the defects in the old
Constitution and the ill-effects of capitalistic parliamentary democracy.
The cause of Socialism came under near eclipse.
In
order to overcome this deterioration and to build Socialism, the
Revolutionary Council of the Union of Burma assumed responsibility as a
historical mission, adopted the Burmese Way to Socialism, and also
formed the Burma Socialist Programme Party.
The
Burma Socialist Programme Party has drafted the Constitution of the
Socialist Republic of the Union of Burma, in accordance with the wishes of
the people, after extensive and thorough discussions with them, for the
purpose of building a peaceful and prosperous socialist society to which
the working people of the national races have long aspired.
We, the
working people, firmly resolved that we shall-
- faithfully follow
the leadership of the Burma Socialist Programme Party,
- build a
socialist economic system by the Burmese Way to Socialism, for the country
to be peaceful and prosperous, opposing all pernicious systems
characterised by exploitation of man by man, and of one national race by
another, with a view to promoting justice and goodwill among the people,
and to freeing them from apathy and callousness, ignorance, backwardness
and want of opportunity,
- build a socialist democratic social
order which will afford an opportunity to the people to shape their own
destiny, by the Burmese Way to Socialism,
- live forever in harmony
unity and racial equality sharing joys and sorrows through weal and woe in
the Socialist Republic of the Union of Burma,
- efficiently perform
all duties and fulfil all obligations in the interest of the State and for
the cause of Socialism while enjoying the democratic rights and personal
rights and freedom bestowed by this Constitution,
- constantly
strive to promote international peace and friendly relations among the
nations,
do adopt this Constitution of the Socialist Republic of
the Union of Burma by a nation-wide referendum this IIth day of the waxing
of Pyatho of the year 1335 B.E. (the 3rd day of the month of January, 1974
A.D.).
CHAPTER
I
THE
STATE
Article
1
Burma is a sovereign independent
Socialist State
of the working people. The State shall be known as The Socialist Republic
of the Union of Burma.
Article 2
The Socialist
Republic of the Union of Burma is a State wherein various national races
make their homes together.
Article 3
The territory of
the State shall be the land, sea and airspace which constitute its
territory on the day this Constitution is adopted.
Article
4
National sovereignty shall reside in the entire
State.
CHAPTER
II
BASIC
PRINCIPLES
Article
5
A Socialist society is the goal of the
State.
Article 6
The economic system of the State is
a Socialist economic system.
Article 7
Socialist
democracy is the basis of the State structure.
Article
8
There shall be no exploitation of man by man nor of one
national race by another in the State.
Article 9
The
State safeguards the interests of the working people whose strength is
based on peasants and workers.
Article 10
The State
shall cultivate and promote the all-round physical, intellectual and moral
development of youth.
Article 11
The State shall
adopt a single-party system. The Burma Socialist Programme Party is the
sole political party and it shall lead the State.
Article
12
The sovereign powers of the State, legislative, executive
and judicial reside in the people, comprising all national races whose
strength is based on peasants and workers. The Pyithu Hluttaw[1]1, elected
by citizens having the right to vote, exercises the sovereign power
invested in it by the people and delegates to Organs of State Power in
accordance with this Constitution.
Article 13
The
Pyithu Hluttaw shall exercise the legislative power solely by itself while
it may delegate executive and judicial powers to the Central and Local
Organs of State Power formed under this Constitution.
Article
14
The Organs of State Power at different levels shall function
in accordance with socialist democratic practices which include mutual
reporting, mutually offering, accepting and respecting of advice and
wishes, collective leadership, collective decision making, abiding by
collective decisions, lower organs carrying out the decisions and
directives of the higher organs which in turn respect the views submitted
by the lower organs.
Article 15
Every citizen has, in
accordance with this Constitution and other relevant laws, the right
to-
(a) elect, and to be elected as, people's representatives to
the Organs of State Power at different levels;
(b) recall elected
people's representatives.
Article 16
Every people's
representative, elected to any Organ of State Power, shall report back to
the electorate on his work and shall also ascertain the wishes of the
people.
Article 17
The working people shall have full
participation in local matters, so that such matters may be resolved as
far as possible, at the local level. They shall be invested with duties
and powers.
Article 18
The State-
(a) is the
ultimate owner of all natural resources above and below the ground, above
and beneath the waters and in the atmosphere, and also of all the
lands;
(b) shall develop, extract, exploit and utilise the natural
resources in the interest of the working people of all the national
races.
Article 19
The State shall nationalise the
means of production within the land. Suitable enterprises shall be owned
and operated by co-operatives.
Article 20
The State
may, in accordance with law, permit such private enterprises which do not
undermine the socialist economic system.
Article
21
(a) The State shall be responsible for constantly developing
and promoting unity, mutual assistance, amity and mutual respect among the
national races.
(b) The national races shall enjoy the freedom to
profess their religion, use and develop their language, literature and
culture, follow their cherished traditions and customs, provided that the
enjoyment of any such freedom does not offend the laws or the public
interest.
Article 22
All citizens shall-
(a)
be equal before the law, regardless of race, religion, status, or
sex;
(b) enjoy equal opportunities;
(c) enjoy the benefits
derived from his labour in proportion to his contribution in manual or
mental labour;
(d) have the right to inherit according to
law.
Article 23
No penal law shall have retrospective
effect.
Article 24
Punishments shall not be awarded
in violation of human dignity.
Article 25
Laws shall
be enacted to enforce the freedoms, powers, rights, duties and
restrictions prescribed by this Constitution.
Article
26
The State consistently practises an independent foreign
policy, aimed at international peace and friendly relations among nations,
and upholds the principles of peaceful co-existence of
nations.
Article 27
These basic principles constitute
the guidelines for interpreting the provisions of this Constitution and of
other laws.
[1] People’s Congress
CHAPTER
III
STATE
STRUCTURE
Article
28
Local autonomy under central leadership is the system of the
State.
Article 29
(a) Local areas of the Socialist Republic of the Union of
Burma shall be organised as follows:-
(1) villages are organised as
village-tracts;
(2) wards are organised as towns;
(3)
village-tracts and towns are organised as townships;
(4) townships
are organised as states or divisions;
(5) states and divisions are
organised as the State.
(b) The different levels of administrative
areas of the Socialist Republic of the Union of Burma shall be as
follows:-
(1) wards or village-tracts;
(2)
townships;
(3) states or divisions;
(4) the
State.
Article 30
(a) Kawthoolei is constituted as Karen
State;
(b) Chin Special Division is constituted as Chin
State;
(c) Tenasserim Division (I) is constituted as Mon
State;
(d) Tenasserim Division (2) is constituted as Tenasserim
Division;
(e) Arakan Division is constituted as Arakan
State.
Article 31
The States and Divisions of the
Socialist Republic of the Union of Burma are as follows:-
(a)
Kachin State
(b) Kayah State
(c) Karen State
(d) Chin
State
(e) Sagaing Division
(f) Tenasserim
Division
(g) Pegu Division
(h) Magwe Division
(i)
Mandalay Division
(j) Mon State
(k) Arakan State
(l)
Rangoon Division
(m) Shan State
(n) Irrawaddy
Division.
Article 32
The Socialist Republic of the
Union of Burma has a unicameral Pyithu Hluttaw.
Article
33
The Council of State shall be formed for the purpose of
directing, supervising and co-ordinating the works of the Central and
Local Organs of State Power and of the Bodies of Public Services in
accordance with the laws, rules and resolutions passed by the Pyithu
Hluttaw.
Article 34
The following Central Organs of
State Power shall be formed to carry out the tasks laid down by the Pyithu
Hluttaw:-
(a) The Council of Ministers;
(b) The Council of
People's Justices;
(c) The Council of People's
Attorneys;
(d) The Council of People's
Inspectors.
Article 35
A People's Council shall be
formed for each State, Division, Township, Ward and
Village-tract.
Article 36
(a) An Executive Committee,
a Committee of Judges and an Inspection Committee shall be formed for each
State, Division, or Township People's Council.
(b) An Executive
Committee and a Committee of Judges shall be formed for each Ward or
Village-tract People's Council.
Article 37
Bodies of
Public Services, such as bodies of Public Administrative Services,
Judicial Services, Law Services and Accounts Services shall be formed
where necessary at central and local levels.
Article
38
The Pyithu Hluttaw may, in the interests of the State
re-demarcate the territorial limits of the State by a vote of 75 per cent
of all the members of the Pyithu Hluttaw.
Article
39
The Pyithu Hluttaw may make laws to-
(a) reconstitute
States or Divisions as the need arises, after ascertaining the wishes of
the citizens residing in the States or Divisions concerned;
(b)
re-demarcate the boundary of any State or Division, as the need arises,
after ascertaining the wishes of the citizens residing in the States or
Divisions concerned;
(c) change the name of any State or Division,
as the need arises, after ascertaining the wishes of citizens residing in
the State or Division concerned.
Article 40
The
Council of Ministers may constitute or reconstitute villages,
village-tracts, wards, towns and townships within a State or Division, as
the need arises, in consultation with the People's Councils
concerned.
CHAPTER
IV
PYITHU
HLUTTAW
Article
41
The Pyithu Hluttaw is the highest Organ of state power. It
exercises the sovereign powers of the State on behalf of the
people.
Article 42
The Pyithu Hluttaw shall be formed
with People's representatives elected directly by secret ballot by
citizens who have the right to vote under this Constitution and other
electoral laws.
Article 43
The regular term of the
Pyithu Hluttaw is four years from the date of its first
session.
Article 44
The legislative power of the
State is vested solely in the Pyithu Hluttaw.
Article
45
The Pyithu Hluttaw may delegate executive and judicial
powers of the State to Central and Local Organs of State Power in
accordance with this Constitution.
Article 46
The
Pyithu Hluttaw shall have the right to enact laws concerning the culture
of a national race only with the consent of more than half of all the
members of the Pyithu Hluttaw from the State or Division
concerned.
Article 47
The Pyithu Hluttaw shall have
exclusive power to enact laws relating to State economic plans, annual
budget and taxation.
Article 48
The Pyithu Hluttaw
shall decide-
(a) important matters only by a vote of 75 per cent
of all of its members;
(b) ordinary matters by a vote of more than
half of all its members;
(c) as to whether any matter is important
or ordinary by a vote of more than half of the members
present.
Article 49
The Pyithu Hluttaw may decide to
declare war and to make peace only by a vote of 75 per cent of all its
members. The Council of State shall convene an emergency session of the
Pyithu Hluttaw should circumstances call for a decision while the Pyithu
Hluttaw is not in session.
Article 50
The Pyithu
Hluttaw may decide to hold a referendum where necessary.
Article
51
Regular sessions of the Pyithu Hluttaw shall be convened at
least twice a year. The interval between two sessions shall not exceed
eight months. The Council of State may summon a special or an emergency
session of the Pyithu Hluttaw where necessary.
Article
52
The Council of State shall convene a session of the Pyithu
Hluttaw as soon as possible if 34 per cent of all the members of the
Pyithu Hluttaw so requisition.
Article 53
(a) A Panel
of Chairmen shall be elected to preside at each regular session of the
Pyithu Hluttaw.
(b) The members of the Pyithu Hluttaw from each
State or Division shall elect a chairman from among themselves to the
Panel of Chairmen. The Pyithu Hluttaw shall give its approval to the
election of the chairmen.
(c) Members of the Panel of Chairmen
shall preside over the sessions of the Pyithu Hluttaw by
rotation.
(d) A member of the Pyithu Hluttaw who is also a member
of the Council of State or of any Central Organ of State Power shall not
be a member of the Panel of Chairmen. Should a member of the Panel of
Chairmen- be elected to the Council of State or to any Central Organ of
State Power he shall resign from the Panel.
(e) The Panel of
Chairmen shall continue to carry out its duties till a new Panel has been
elected at the next regular session of the Pyithu Hluttaw.
(f) The
Panel of Chairmen of the Pyithu Hluttaw shall convene a session of the
Pyithu Hluttaw if the Council of State fails to comply within 30 days from
the date of a requisition made under Article 52.
Article
54
The Pyithu Hluttaw shall-
(a) constitute various
Affairs Committees of the Pyithu Hluttaw relating to economic, financial,
social, public administrative, legislative, foreign, national races and
other affairs, with members elected from among those of the Pyithu
Hluttaw;
(b) in accordance with law constitute a National Defence
and Security Committee consisting of a suitable number of members of the
Council of State and of the Council of Ministers.
Article
55
The Pyithu Hluttaw shall enact a law to enable the Council
of People's Inspectors to conduct inspections through committees to be
formed by it, to determine whether or not the activities and the work of
the following bodies are beneficial to the interests of the
people:-
(a) Local Organs of State Power;
(b)
Ministries;
(c) Bodies of Public Services; and
(d) such
other organisations as may be prescribed by law.
Article
56
The Pyithu Hluttaw may form Commissions and Committees as
and when necessary and invest them with duties and
powers.
Article 57
The Pyithu Hluttaw shall make
laws, rules and procedures for itself and for its Affairs
Committees.
Article 58
The Council of State and the
Central Organs of State Power shall be responsible to the Pyithu
Hluttaw.
Article 59
(a) If need should arise to
arrest any member of the Pyithu Hluttaw while it is in session, reliable
evidence in support of such need shall be produced before the Panel of
Chairmen. No such arrest shall be made without the prior approval of the
Panel of Chairmen.
(b) If need should arise to arrest any member of
the Pyithu Hluttaw belonging to any organ of the Pyithu Hluttaw, while
such organ is in session, reliable evidence in support of such need shall
be produced before the Council of State. No such arrest shall be made
without the prior approval of the Council of State.
(c) If any
member of the Pyithu Hluttaw is arrested while the Pyithu Hluttaw or any
organ of the Assembly to which he belongs is not in session the arrest and
reliable evidence in support thereof shall be submitted to the Council of
State as soon as possible.
Article 60
All
deliberations and actions 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.
Article 61
When
the Pyithu Hluttaw is not in session, the Central Organs of State Power
shall reply to written questions submitted by any member of the Pyithu
Hluttaw within three weeks from the date of receipt of the
question.
Article 62
The Pyithu Hluttaw may be
dissolved if 75 per cent of all its members so resolve.
Article
63
The Pyithu Hluttaw may dissolve any People's Council or
People's Councils for any of the following reasons:-
(a) violation
of any provision of this Constitution,
(b) actions undermining
national unity,
(c) endangering the stability of the
State,
(d) contravention of any resolution adopted by the Pyithu
Hluttaw,
(e) inefficient discharge of duties.
CHAPTER
V
COUNCIL OF
STATE
Article
64
The Pyithu Hluttaw shall form the Council of State with the
following persons elected from among its members:-
(a) one member
each elected by the States and Divisions, from among members of the Pyithu
Hluttaw of the State or Division concerned,
(b) members elected by
the members of the Pyithu Hluttaw from among themselves, equal in number
to the number of representatives elected under Clause (a) of this Article,
and
(c) the Prime Minister.
Article 65
Members
of the Council of State elected under Clauses (a) and (b) of Article 64
shall elect from among themselves the Chairman and the Secretary of the
Council of State and shall obtain the approval of the Pyithu Hluttaw for
such election.
Article 66
The Chairman of the Council
of State shall be the President of the Republic.
Article
67
The term of office of the President is the same as that of
the Council of State.
Article 68
The President of the
Republic represents the State.
Article 69
If the
Chairman of the Council of State is temporarily incapable of performing
his duties, the Secretary of the Council of State shall perform the duties
of the chairman, in addition to his own.
Article
70
The Council of State shall be responsible for giving effect
to the provisions of this Constitution.
Article
71
The Council of State is responsible to the Pyithu Hluttaw.
It shall report on its activities to the nearest session of the Pyithu
Hluttaw.
Article 72
The term of office of the Council
of State is the same as that of the Pyithu Hluttaw. The Council of State
shall, on the expiry of the Pyithu Hluttaw, continue to perform its duties
and functions till a new Council of State has been duly elected and
constituted.
Article 73
The Council of State
shall-
(a) convene sessions of the Pyithu Hluttaw in consultation
with the Panel of Chairmen of the Pyithu Hluttaw;
(b) interpret the
laws other than this Constitution for the purpose of
uniformity;
(c) promulgate laws enacted and rules made by the
Pyithu Hluttaw;
(d) submit lists of candidates from among the
members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect the
Council of Ministers, the Council of People's Justices, the Council of
People's Attorneys and the Council of People's Inspectors. [Members of the
Council of State elected under Clauses (a) and (b) of Article 64 shall
collectively submit such lists.];
(e) submit a list of candidates
from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw
to elect Affairs Committees of the Pyithu Hluttaw [Members of the Council
of State elected under Clauses (a) and (b) of Article 64 shall
collectively submit such lists];
(f) make decisions concerning the
establishment of diplomatic relations with foreign countries, severance of
such relations and appointment and recall of diplomatic
representatives;
(g) make decisions concerning the acceptance of
credentials of envoys of foreign States or their recall;
(h) make
decisions concerning the entering into, ratification or annulment of
international treaties, or the withdrawal from such treaties with the
approval of the Pyithu Hluttaw;
(i) make decisions concerning
international agreements;
(j) appoint or remove Deputy
Ministers;
(k) decide on the temporary suspension from duty or
attendance of any session of any member of the Pyithu Hluttaw against whom
action for high treason may be called for, provided the approval therefor
shall be obtained from the nearest session of the Pyithu
Hluttaw;
(l) appoint or dismiss heads of Bodies of Public
Services;
(m) abrogate the decisions and orders of the Central and
Local Organs of State Power if they are not consistent with the
law;
(n) institute, confer or revoke titles, honours and
awards;
(o) grant pardons or amnesty;
(p) perform other
duties and exercise powers invested under this Constitution and other
laws.
Article 74
The Council of State may make, if
necessary, ordnances having the force of law, on matters other than those
prescribed in Article 47, during the interval between sessions of the
Pyithu Hluttaw. Such orders shall be submitted for approval to the nearest
session of the Pyithu Hluttaw held within go days. If no session of the
Pyithu Hluttaw is due within 90 days after the promulgation of such
orders, an emergency session of the Pyithu Hluttaw shall be convened and
approval obtained. Such orders shall cease to have effect from the date on
which they are disapproved by the Pyithu Hluttaw.
Article
75
The Council of State may take suitable military action in
the face of aggression against the State and action so taken shall be
submitted to an emergency session of the Pyithu Hluttaw. If the situation
is such that it is absolutely impossible to convene an emergency session
of the Pyithu Hluttaw, the Council of State may continue all necessary
military action. Such action shall be submitted for approval to the
nearest session of the Pyithu Hluttaw.
Article 76
The
Council of State may declare a state of emergency and promulgate martial
law in specified areas or in the entire State, if an emergency affecting
the defence and security of the State should arise. It may order
mobilisation in certain areas or in the entire State. Such measures shall
be submitted for approval to the nearest session of the Pyithu
Hluttaw.
Article 77
The Council of State may propose
to the Pyithu Hluttaw the extension of the term of the Pyithu Hluttaw or
of the People's Councils at different levels by six months at a time up to
three times, if wars or natural disasters or conditions prejudicial to
security render elections impossible though the regular term of the Pyithu
Hluttaw or of the People's Councils has expired.
Article
78
If an emergency arises in the entire State, the Council of
State shall declare a state of emergency and convene an emergency session
of the Pyithu Hluttaw. If a sufficient number of Pyithu Hluttaw members
necessary to form a quorum fails to attend, the Council of State may take
the following measures:-
(a) the Council of State, the Central
Organs of State Power, members of the Pyithu Hluttaw belonging to the
Organs of the Pyithu Hluttaw and those members who are able to attend the
session shall collectively perform the duties and functions of the Pyithu
Hluttaw, and
(b) a session of the Pyithu Hluttaw shall be convened
as soon as the situation permits and approval obtained on the measures
taken on behalf of the Pyithu Hluttaw.
Article 79
The
Council of State shall direct, supervise and co-ordinate the work of the
Central and Local Organs of State Power and of the Bodies of Public
Services in accordance with the laws, rules and resolutions passed by the
Pyithu Hluttaw.
Article 80
The Chairman of the
Council of State shall sign the laws, rules and resolutions passed by the
Pyithu Hluttaw as well as the orders promulgated by the Council of State.
These shall be promulgated in the official Gazette.
Article
81
Bodies of Public Services may be constituted only by
decision of the Council of State.
CHAPTER
VI
COUNCIL OF
MINISTERS
Article
82
The Council of Ministers shall be formed as
follows:-
(a) The Pyithu Hluttaw elects members of the Council of
Ministers from among those members of the Pyithu Hluttaw whose names are
on the list submitted collectively by members of the Council of State
elected under Clauses (a) and (b) of Article 64.
(b) The Council of
Ministers elects a Prime Minister from among its members.
(c) The
Council of Ministers elects Deputy Prime Ministers from among the
Ministers nominated by the Prime Minister.
Article
83
The Council of Ministers is the highest executive organ of
the State.
Article 84
The Council of Ministers is
responsible to the Pyithu Hluttaw when the Pyithu Hluttaw is in session
and to the Council of State when the Pyithu Hluttaw is not in
session.
Article 85
The Council of
Ministers-
(a) shall submit to the Council of State a list of those
members of the Pyithu Hluttaw who should be appointed as Deputy
Ministers;
(b) may propose to the Council of State the termination
of the service of a Deputy Minister, when necessary.
Article
86
(a) The term of office of the Council of Ministers is the
same as that of the Pyithu Hluttaw. On the expiry of the term of the
Pyithu Hluttaw, the Council of Ministers shall continue to perform its
duties until a new Council of Ministers has been elected.
(b) The
term of office of Deputy Ministers is the same as that of the Council of
Ministers.
Article 87
The Council of
Ministers-
(a) is responsible for the management of executive,
economic, financial, social, cultural and foreign affairs and national
defence on behalf of the Pyithiu Hluttaw in accordance with the principle
of collective leadership;
(b) implements the socialist economic
system through the economic plan of all the national races;
(c)
implements the resolution of the Pyithu Hluttaw and the orders of the
Council of State;
(d) directs and co-ordinates the Ministries,
organs of public administration and the executive Committees of the
People's Council at different levels;
(e) maintains the rule of law
and upholds law and order;
(f) perform such other duties as may be
laid down by the Pyithu Hluttaw or the Council of State.
Article
88
The Council of Ministers shall draw up, after making
necessary adjustments, and submit the following to the Pyithu Hluttaw
through the Council of State:-
(a) long-term, short-term and annual
economic plans;
(b) annual budgets;
(c) annual reports on
the situation of the State;
(d) reports that may be required from
time to time.
Article 89
The Council of Ministers
shall be solely responsible for the submission of the following bills to
the Pyithu Hluttaw through the Council of State for enactment into
law:-
(a) bills on economic plans;
(b) bills on
budgets;
(c) bills on taxation.
Article
90
Each Minister is responsible for the successful performance
of the duties of those organs of public administration with which he is
charged at their different levels.
Article 91
A
Minister is responsible to the Council of Ministers. A Deputy Minister is
responsible to the Minister concerned.
Article 92
The
Council of Ministers may, with the approval of the Council of State,
constitute such Bodies of Public Administrative Services at different
levels as may be necessary and may appoint the required personnel to such
Services, according to law.
Article 93
The Council of
Ministers shall prescribe the duties and powers of organs of public
administration at all levels.
Article 94
Organs of
public administration at different levels shall be responsible to those of
the next higher level as well as to the People's Councils concerned and be
subject to their supervision and inspection.
CHAPTER
VII
COUNCIL OF
PEOPLE'S JUSTICES
Article
95
(a) The Pyithu Hluttaw elects members of the Council of
People's Justices from among those members of the Pyithu Hluttaw whose
names are on the list submitted collectively by members of the Council of
State elected under Clauses (a) and (b) of Article 64.
(b) Members
of the Council of People's Justices shall elect a Chairman from among
themselves.
Article 96
(a) The following Judicial
Organs shall be constituted in the State-
(1) the Council of
People's Justices;
(2) State Judges' Committee, Divisional Judges'
Committee;
(3) Township Judges' Committee;
(4) Ward Judges'
Committee, Village-tract Judges' Committee;
(b) The Pyithu Hluttaw
shall prescribe, by law, the duties and powers of the Judicial
Organs.
Article 97
The term of office of the Council
of People's Justices shall be the same as that of the Pyithu Hluttaw. The
Council of People's Justices shall, on expiry of the term of the Pyithu
Hluttaw, continue to perform its duties and functions till a new Council
of People's Justices has been elected.
Article
98
Justice shall be administered collectively by each judicial
organ.
Article 99
Military justice for members of the
People's Defence Services may be administered according to law by a
collective organ or by a single Judge.
Article
100
Administrative tribunals may be formed according to
Law.
Article 101
Administration of justice shall be
based on the following principles-
(a) to protect and safeguard the
Socialist system;
(b) to protect and safeguard the interests of the
working people;
(c) to administer justice independently according
to law;
(d) to educate the public to understand and abide by the
law;
(e) to work within the framework of law as far as possible for
the settlement of cases between members of the public;
(f) to
dispense justice in open court unless otherwise prohibited by
law;
(g) to guarantee in all cases the right of defence and the
right of appeal under law;
(h) to aim at reforming moral character
in meting out punishment to offenders.
Article
102
The Burmese language shall be used in the administration of
justice. Languages of the national races concerned may also be used, when
necessary, and arrangements shall then be made to make interpreters
available.
Article 103
The Council of People's
Justices-
(a) is the highest judicial organ of the State
and;
(b) shall form the necessary judicial Courts only with its
members and administer justice.
Article 104
The
Council of People's Justices shall be responsible to the Pyithu Hluttaw
and shall report to the Pyithu Hluttaw on the state of the administration
of justice. When the Pyithu Hluttaw is not in session, the Council of
People's Justices shall be responsible to the Council of
State.
Article 105
The Council of People's Justices
shall supervise all judicial organs and courts within the
State.
Article 106
(a) The State People's Councils,
the Divisional People's Councils, the Township People's Councils, the Ward
People's Councils and the Village-tract People's Councils shall
respectively form the State Judges' Committees, the Divisional Judges'
Committees, the Township Judges' Committees, the Ward Judges' Committees
and the Village-tract Judges' Committees with persons elected from among
the members of the respective People's Councils.
(b) Members of the
Judges' Committees elected by the People's Councils at different levels
under Clause (a) above shall each elect a Chairman from among their
members.
Article 107
(a) The Judges' Committees of
the People's Councils at different levels shall form with it members, such
Courts as may be necessary.
(b) If the number of members of the
Judges' Committees is not sufficient to form Courts under Clause (a) above
Courts may be formed with members of the Peoples' Councils concerned under
the leadership of a member of the Judges' Committee at the respective
level. Other suitable citizens may be included in such Courts only if the
number of members of the respective People's Council is not sufficient to
form such Courts.
Article 108
The term of office of
State Judges' Committees, Divisional Judges' Committees, Township Judges'
Committees, Ward Judges' Committees and Village-tract Judges' Committees
shall be the same as that of the People's Councils concerned at different
levels. On expiry of the term of the People's Councils at different
levels, the respective Judges' Committee shall continue to perform its
duties and functions until a new Judges' Committee has been
elected.
Article 109
The Council of People's Justices
may, with the approval of the Council of State, form bodies of judicial
services at different levels as may be necessary and appoint the required
personnel to such services according to law.
Article
110
The State Judges' Committees, the Divisional Judges'
Committees, the Township Judges' Committees, the Ward Judges' Committees
and the Village-tract Judges' Committees shall supervise the judicial
organs and Courts formed by them and such Judges' Committees shall be
responsible to the People's Councils concerned.
CHAPTER
VIII
COUNCIL OF
PEOPLE'S ATTORNEYS
Article
111
(a) The Pyithu Hluttaw elects members of the Council of
People's Attorneys from among those members of the Pyithu Hluttaw whose
names are on the list submitted collectively by members of the Council of
State elected under Clauses (a) and (b) of Article 64.
(b) Members
of the Council of People's Attorneys shall elect a Chairman from among
themselves.
Article 112
The Council of People's
Attorneys shall-
(a) protect and safeguard the Socialist
system;
(b) protect and safeguard the rights and privileges of the
working people;
(c) tender legal advice to the Council of State and
to the Council of Ministers;
(d) report to the Council of State any
acts of the Central and Local Organs of State Power and of the Bodies of
Public Services which infringe the law;
(e) undertake any other
duties prescribed by law.
Article 113
The term of
office of the Council of People's Attorneys is the same as that of the
Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council
of People's Attorneys shall continue to perform its duties and functions
till a new Council of People's Attorneys has been
elected.
Article 114
The Council of People's
Attorneys shall be responsible to the Pyithu Hluttaw. It shall report to
the Pyithu Hluttaw on the progress of its work. It shall be responsible to
the Council of State when the Pyithu Hluttaw is not in
session.
Article 115
The Council of People's
Attorneys may, with the approval of the Council of State, form as
necessary, bodies of law services at different levels and shall also
appoint the required law officers in accordance with
law.
Article 116
The Council of People's Attorneys
shall direct and supervise the Central law officers, State and Divisional
law officers and Township law officers.
Article
117
The Pyithu Hluttaw shall by law prescribe the duties and
powers of the Council of People's Attorneys, the Central, State and
Divisional law officers and Township law officers.
CHAPTER
IX
COUNCIL OF
PEOPLE'S INSPECTORS
Article
118
(a) The Pyithu Hluttaw elects members of the Council of
People's Inspectors from among those members of the Pyithu Hluttaw whose
names are on the list submitted collectively by members of the Council of
State elected under Clauses (a) and (b) of Article 64.
(b) Members
of the Council of People's Inspectors shall elect a Chairman from among
themselves.
Article 119
The Council of People's
Inspectors is the highest organ of inspection of public
undertakings.
Article 120
The Council of People's
Inspectors shall be responsible to the Pyithu Hluttaw. It shall submit
reports to the Pyithu Hluttaw on the progress of inspection of public
undertakings. It shall be responsible to the Council of State when the
Pyithu Hluttaw is not in session.
Article 121
(a) The
Council of People's Inspectors shall conduct inspections to determine
whether the activities of the Local Organs of State Power, Ministries,
Bodies of Public Services and such other organisations as may be
prescribed by law prove beneficial to the interests of the
public.
(b) The Council of People's Inspectors shall report on its
findings and measures taken by it, to the Pyithu Hluttaw through the
Council of State.
Article 122
The term of office of
the Council of People's Inspectors is the same as that of the Pyithu
Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of
People's Inspectors shall continue to perform its duties and functions
till a new Council of People s Inspectors has been
elected.
Article 123
(a) The State, Divisional and
Township People's Councils shall form State, Divisional and Township
Inspectorates with members of State, Divisional and Township People's
Councils concerned.
(b) Members of each Local Inspectorate shall
elect a Chairman from among themselves.
(c) The Pyithu Hluttaw
shall by law prescribe the duties and powers of Local
Inspectorates.
Article 124
Each Local Inspectorate
shall be responsible to the People's Council concerned.
Article
125
The Local Inspectorates shall perform the following
duties-
(a) reporting to the People's Council concerned on the
activities carried out during the interval between the meetings of the
People's Council;
(b) implementing tasks and submitting reports
under the guidance of the People's Council concerned and of the organs at
higher level.
Article 126
The term of office of the
Local Inspectorates is the same as that of the People's Councils at
different levels. On expiry of the People's Council, the Local
Inspectorate shall continue to perform, its duties and functions until a
new Local Inspectorate has been elected.
Article
127
The Council of People's Inspectors may, with the approval
of the Council of State, form as necessary, Bodies of Accounts Services at
different levels and shall also appoint the required accounts officers in
accordance with law.
Article 128
The Central Accounts
Office shall be responsible to the Council of People's Inspectors and
accounts offices at different levels shall be responsible to the
Inspectorates concerned and to the accounts offices at the higher level
and shall submit to their supervision and inspection.
CHAPTER X
PEOPLE'S
COUNCILS
Article
129
The People's Councils at different levels shall be formed
in accordance with this Constitution and electoral laws with people's
representatives elected directly by secret ballot by citizens having the
right to vote in the area concerned.
Article 130
The
number of people's representatives constituting the People's Councils at
different levels as well as the Organs of the People's Council shall be
prescribed by law.
Article 131
The term of office of
the People's Councils at different levels shall be the same as the regular
term of office of the Pyithu Hluttaw.
Article 132
The
People's Councils at different levels are Local Organs of State Power and
they shall implement the following tasks within the framework of
law:-
(a) economic and social affairs and public
administration;
(b) administration of justice;
(c) local
security, defence, maintenance of rule of law and order;
(d)
solidarity of the national races and preservation, protection and
promotion of their traditional cultures;
(e) Protection of the
rights of the people in the area concerned and organising and urging them
to perform their duties efficiently;
(f) formulation of economic
plans and their implementation;
(g) preparation of annual budgets
and their co-ordination;
(h) construction, settlement and rural and
urban development works;
(i) communications;
(j) directing,
supervising and co-ordinating Local Organs of State Power and Bodies of
Public Services relating to them;
(k) providing leadership to the
people and keeping in close contact with them to obtain their active
participation in works of public interest;
(l) preservation,
protection and development of natural environment;
(m)
co-ordinating the affairs of Local Bodies of Public Services;
(n)
Performing such other necessary works of public interest as may be
prescribed by law.
Article 133
(a) The People's
Councils at different levels shall hold meetings as prescribed by
law.
(b) The Members of the Panel of Chairmen shall be elected from
among the members of the People's Councils to preside over the regular
meetings of the People's Councils at different levels.
(c) The
Members of the Panel of Chairmen shall preside over the meetings by
rotation.
(d) A member of a People's Council who is also a member
of the Executive Committee, the Judges' Committee or the Inspectorate of
such People's Council shall not be a member of the Panel of Chairmen of
such Council. Should a member of the Panel of Chairmen be elected to the
Executive Committee, the Judges' Committee or the Inspectorate he shall
resign from the Panel of Chairmen.
(e) The Panel of Chairmen shall
continue to perform its duties till the next regular session of the
People's Council is convened and a new Panel of Chairmen has been elected
therefor.
(f) The Executive Committee of a People's Council shall
convene a meeting of the Council if 34 per cent of all the members of the
Council so requisition. If the Executive Committee fails to convene the
meeting within 30 days from the date of such a requisition, the Panel of
Chairmen shall, as soon as possible, convene the
meeting.
Article 134
The State People's Council,
Divisional People's Council- and Township People's Council shall form
People's Council Affairs Committees with members of the People's Council
concerned.
Article 135
An Executive Committee shall
be elected from among its members by each of the People's Councils at
different levels, to implement the tasks decided upon by the People's
Council. The members of the Executive Committee shall elect a chairman and
a secretary from among themselves. The chairman and the secretary so
elected shall concurrently be the Chairman and the Secretary of the
People's Council concerned.
Article 136
The Chairman
of each of the People's Councils shall concurrently be the Chairman of the
State, Division, Township, Ward or Village-tract
concerned.
Article 137
The Executive Committee of
each of the People's Councils at different levels shall be responsible to
the People's Council concerned.
Article 138
The
Executive Committees of the People's Councils at different levels shall
perform the following duties-
(a) convening meetings of the
People's Council in consultation with the Panel of Chairmen;
(b)
promulgation and implementation of decisions, orders and directives of the
People's Councils;
(c) implementation of the tasks laid down by the
Council of Ministers as well as by the People's Councils
concerned;
(d) maintaining intercommunications between the
Executive Committees at different levels and co-ordinating their
activities; directing and supervising of the Executive Committee at the
lower level by the one at the higher level;
(e) directing,
supervising and co-ordinating the work of Local Bodies of Public Services,
co-ordinating the affairs of Public Services;
(f) submitting to the
People's Council concerned, reports on the activities carried out during
the interval between meetings of the People's Council;
(g) the
temporary suspension from duty or attendance of any session of any member
of the People's Council against whom action for high treason may be called
for, provided that approval therefor shall be obtained from the nearest
session of the People's Council.
Article 139
The term
of office of the Executive Committees of the People's Councils at
different levels is the same as that of the People's Councils. On the
expiry of the term of the People's Council, the Executive Committee shall
continue to perform its duties and functions till a new Executive
Committee has been elected.
Article 140
(a) If need
should arise to arrest any member of a People's Council in session,
reliable evidence in support of such need shall be produced before the
Panel of Chairmen of the People's Council. No arrest shall be made without
the prior approval of the Panel of Chairmen of the People's Council
concerned.
(b) If need should arise to arrest any member of an
organ People's Council, while such organ is in session, reliable evidence
in support of such need shall be produced before the Executive Committee
concerned. No arrest shall be made without the prior approval of the
Executive Committee.
(c) If any member of a People's Council is
arrested while the People's Council or any of its organs is not in
session, reliable evidence in support of such arrest shall be produced
before the Executive Committee as soon as possible.
Article
14I
All deliberations and actions at the meetings of a People's
Council and of any of its organs are absolutely privileged. No member
shall be liable or punishable therefor except under the laws, rules and
bye-laws of the People's Council.
Article 142
Members
of the People's Councils shall maintain contacts with their electorate and
shall report back on their activities and keep them informed from time to
time on questions of policy.
Article 143
Members of
the People's Councils shall seek, and submit, the wishes, opinions and
proposals of the people to the People's Council concerned and work for
their realisation.
Article 144
The People's Councils
may report on local matters of importance and submit advice for the
benefit of the public, from the lower to the higher levels of the People's
Councils, up to the Council of State.
CHAPTER XI
FUNDAMENTAL
RIGHTS AN DUTIES OF CITIZENS
Article
145
(a) All persons born of parents both of whom are nationals
or the Socialist Republic of the Union of Burma are citizens of the
Union.
(b) Persons who are
vested with citizenship according to existing laws on the date this
Constitution comes into force are also citizens.
Article
146
Citizenship, naturalisation and revocation of citizenship
shall be as prescribed by law.
Article 147
All
citizens are equal be before the law irrespective of race status official
position wealth, culture birth religion or sex.
Article
148
Every citizen shall have the right to-
(a) enjoy the
benefits derived from his labour in proportion to is contribution in
manual or mental labour and diligence;
(b) freely undertake any
vocation permitted by the State within the framework of the Socialist
economy;
(c) settle a reside in any place within the State
according to the law.
Article 149
Every citizen in
sickness shall have the right t to medical treatment as arranged by the
State.
Article 150
Every working citizen has the
right to-
(a) rest and recreation,
(b) fixed working hours
and leave as prescribed by law.
Article 151
(a) Every
working citizen shall e enjoy benefits as prescribed by law for injury due
to occupational accidents or when disabled or sick or old.
(b)
Heirs to any working citizen shall e enjoy benefits as prescribed by law
on his death.
Article 152
(a) Every citizen shall
have the right to education.
(b) Burmese is the common language
Languages of the other national races may also be taught.
(c) Every
citizen shall be given bask education which the State prescribes by law as
compulsory.
Article 153
(a) Every citizen shall have
the right to freely conduct scientific research, work with creativity and
initiative to develop the arts, literature and other branches of
culture.
(b) Every citizen shall have the right to freely use one's
language and literature follow one's customs, culture and traditions and
profess the religion of his choice The exercise of this right shall not,
however, be to the detriment of national solidarity and the socialist
social order which are the basic requirements of the entire Union Any
particular action in this respect which might adversely affect the
interests of one or several other national races shall be taken only after
consulting with and obtaining the consent of those affected.
(c)
Notwithstanding the rights enjoyed under Clauses (a) and (b) acts which
undermine the unity and solidarity of the national races, national
security or the socialist social order arc prohibited. Persons who violate
this prohibition shall be punished according to law.
Article
154
(a) Women shall enjoy equal political, economic, social and
cultural rights as men.
(b) Mothers, children and expectant mothers
shall enjoy those rights prescribed by law.
(c) Children born of
citizens shall enjoy equal rights.
(d) Women shall enjoy freedoms
and rights guaranteed by law as regards marriage, divorce, partition of
property, succession and custody of their children.
Article
155
Every citizen shall have the right-
(a) subject to
the provisions of this Constitution, to elect and be elected to the Pyithu
Hluttaw and the People's Councils at different levels;
(b) to
submit in accordance with law a list of candidates for election as
people's representatives to the Pyithu Hluttaw and the People's Councils
at different levels;
(c) to recall in accordance with law people's
representatives elected to the Pyithu Hluttaw and the People's Councils at
different levels.
Article 156
(a) Every citizen shall
have the right to freedom of thought, and of conscience, and to freely
profess any religion.
(b) Notwithstanding the rights and freedoms
granted under Clause (a), the State may enact laws in the interests either
of the working people or of law and order.
(c) Religion and
religious organisations shall not be used for political purposes. Laws
shall be enacted to this effect.
Article 157
Every
citizen shall have freedom of speech, expression and publication to the
extent that the enjoyment of such freedom is not contrary to the interests
of the working people and of socialism.
Article
158
Every citizen shall have the right freely to take part in
political, social, class and mass organisations permitted by law and to
enjoy freedom of association, assembly and procession. The State shall
provide necessary assistance to the people to enable them to enjoy fully
these rights and freedoms.
Article 159
(a) Personal
freedom and security of every citizen shall be guaranteed.
(b) No
citizen shall be placed in custody for more than 24 hours without the
sanction of a competent judicial organ.
(c) The State shall be
responsible for the protection, in accordance with law, of citizens of the
Socialist Republic of the Union of
Burma who are abroad.
Article 160
The privacy and
security of the home, property, correspondence and other communications of
citizens shall be protected by law subject to the provisions of this
Constitution.
Article 161
Every citizen's income,
savings, property and residential buildings lawfully earned and acquired
by his diligence and manual and mental contribution, instruments of
production permitted to be owned within the framework of the socialist
economic system, and other lawful possessions shall be protected by
law.
Article 162
The right of every citizen to
inheritance shall be recognised by law.
Article
163
(a) Every citizen shall fully e enjoy the rights provided
by this Constitution.
(b) Laws shall be enacted to ensure the most
expeditious and effective protection of the rights of citizens and prevent
their violation.
Article 164
(a) Every citizen shall
have the right to lodge complaints concerning their grievances to the
competent organ of State power.
(b) The organ of State power shall
investigate the complaints expeditiously and take such action as in be
necessary.
Article 165
The right to sue for
compensation any member of an organ of State power or any of the organs of
State power or any public servant or any body of Public Services for abuse
of authority entrusted by the people in violation of the rights or
interests of any citizen shall be guaranteed and prescribed by
law.
Article 166
Every citizen shall be under a duty
in the exercise of his rights and freedom to abstain from undermining any
of the following-
(a) the sovereignty and security of the
State;
(b) the essence of the socialist system prescribed by this
Constitution;
(c) the unity and solidarity of the national
races;
(d) public peace and tranquillity;
(e) public
morality.
Article 167
(a) Laws may be enacted
imposing necessary restriction on the rights and freedoms of citizens to
prevent in infringements of the sovereignty and security of the State the
essence of the socialist system prescribed by this Cons the unity and
solidarity of the national races public pence and tranquillity or public
morality.
(b) Such a preventive e law shall provide that the
restrictive order shall only be made collectively by a body and that the
order shall be regularly reviewed and modified as necessary and that e a
aggrieved person shall have the right of appeal to a higher
organ.
Article 168
Every citizen shall be under a
duty to abide by the provisions of this Constitution as well as the laws
work discipline and local rules made for the building of a socialist
society and discharge efficiently such duties as may be assigned to him by
the State.
Article 169
Every citizen shall be under a
duty to protect nationalised property co-operative owned property and
public property and strive to the best of his ability for socialist
capital accumulation for strengthening the defensive capacity of the State
and enhancing the standards of living of the people.
Article
170
Every citizen shall be under a duty to protect and
safeguard the independence sovereignty and territorial integrity of the
Socialist Republic of the Union of Burma. This is a noble
duty.
Article 171
Every citizen shall in accordance
with law-
(a) undergo military training, and
(b) undertake
military service for the defence of the State.
Article
I72
Every citizen shall be under a duty to pay taxes and duties
as prescribed by law.
CHAPTER XII
ELECTORAL
SYSTEM
Article
173
The basic aims of the electoral system are as
follows-
(a) to elect people's representatives who will truly
represent the working people;
(b) to secure a broad participation
of citizens in the electoral process;
(c) to elect Organs of the
Pyithu Hluttaw and of the People's Councils at different levels that will
truly represent the working people.
Article 174
(a)
Citizens shall directly elect people's representatives by secret
ballot.
(b) Every citizen who has attained the age of eighteen
years shall have the right to vote.
(c) All citizens who have the
right to vote shall enjoy equal voting rights.
Article
175
Constituencies for the election of people's representatives
to the Pyithu Hluttaw and the People's Councils at different levels shall
be formed as follows-
(a) constituency for Ward or Village-tract
People's Council;
(b) constituency for Township People's
Council;
(c) constituency for State or Divisional People's
Council;
(d) constituency for the Pyithu Hluttaw.
Article
176
(a) Constituencies for the Pyithu Hluttaw shall be
delimited on township basis.
(b) Each township shall elect one
representative to the Pyithu Hluttaw.
(c) Townships with large
populations shall, in addition to the right granted under Clause (b),
elect representatives in proportion to population as prescribed by
electoral law.
(d) Additional members of the Pyithu Hluttaw shall,
by law, be allotted to States or Divisions having less than 10 townships
and less than 10 lakhs in population.
Article
177
Persons having the right to vote and possessing the
following qualifications are eligible to stand for election as people's
representatives to the Pyithu Hluttaw and to the People's Councils at
different levels-
(a) being a citizen born of parents both of whom
are also citizens;
(b) having attained the age of 20 years to stand
for election to Ward, Village-tract and Township People's
Councils;
(c) having attained the age of 24 years to stand for
election to State and Divisional People's Councils;
(d) having
attained the age of 28 years to stand for election to the Pyithu
Hluttaw.
Article 178
The following persons shall not
have the right to vote or to stand for election-
(a) members of
religious orders, and
(b) persons disqualified by electoral
law.
Article 179
The Burma Socialist Programme Party,
in consultation with mass and class organisations formed under its
leadership and with the electorate of the constituency concerned, and
respecting their wishes, shall submit lists of candidates for election as
people's representatives to the Pyithu Hluttaw and to the People's
Councils at different levels.
Article 180
A candidate
for election as a people's representative-
(a) shall stand for
election to the Pyithu Hluttaw to the People's Council at one level only
and
(b) from only one constituency.
Article
181
(a) The elections of people's representatives to the Pyithu
Hluttaw and the People's Councils at different levels shall be valid only
if more than half of all the persons from the respective constituencies
having the right to vote have cast their votes.
(b) A candidate for
election as a people's representative shall be duly elected only if he
obtains more than half of the votes cast in an election found valid under
Clause (a) above.
Article 182
(a) The Pyithu Hluttaw
shall form an Election Commission six months before the expiry of the
terms of the Pyithu Hluttaw and the People's Councils for the purpose of
electing a new Pyithu Hluttaw and new People's Councils at different
levels.
(b) The Council of State shall submit to the Pyithu
Hluttaw, a list of names of citizens who are qualified by law, other than
members of the Council of State and of the Council of Ministers, from
among whom the Election Commission may be formed.
(c) The Pyithu
Hluttaw which decides to dissolve itself under Article 62, shall form, in
accordance with Clause (b), an Election Commission for the election of a
new Pyithu Hluttaw.
(d) Elections for the Pyithu Hluttaw and the
People's Councils at different levels shall be held as prescribed by law,
prior to the expiry of the terms of the Pyithu Hluttaw and the respective
People's Councils.
(e) Sessions of the new Pyithu Hluttaw and of
the new People's Councils at different levels shall be converted with the
newly elected people's representatives on the date of expiry of the term
of the old Pyithu Hluttaw and the old People's Councils.
Article
183
(a) If the Pyithu Hluttaw or any People's Council is
dissolved before the expiry of its term elections shall be held as
prescribed by law and sessions of the Pyithu Hluttaw or of the People's
Council concerned shall be convened.
(b) If any State, Divisional
or Township People's Council is dissolved, the Council of State shall form
with suitable citizens, an Executive Committee, a Committee of Judges and
a Local Inspectorate and temporarily assign duties to them pending the
election of the respective new People's Council.
(c) If a Ward or
Village-tract People's Council is dissolved, the Council of State shall
form with suitable citizens, an Executive Committee and a Committee of
Judges and temporarily assign duties to them pending the election of the
respective new People's Council.
Article 184
Expenses
incurred in the elections of people's representatives to the Pyithu
Hluttaw and to the People's Councils at different levels shall be met out
of State funds.
Article 185
(a) If the situation is
not yet ripe for the election of any State, Divisional or Township
People's Council, the Council of State shall form, with suitable citizens,
an Executive Committee, a Committee of Judges and a Local Inspectorate and
temporarily assign duties to them for the purpose of performing the
functions of the People's Council concerned.
(b) If the situation
is not yet ripe for the election of any Ward or Village-tract People's
Council, the Council of State shall form with suitable citizens, an
Executive Committee and a Committee of Judges and temporarily assign
duties to them for the purpose of performing the functions of the People's
Council concerned.
Article 186
The Pyithu Hluttaw
shall enact such laws as may be necessary in connection with the election
of people's representatives.
CHAPTER XIII
RECALL,
RESIGNATION AND REPLACEMENT
Article
187
Any organ of State or the people who have elected and
assigned duties to a people's representative or an organ wishing to recall
such representative or organ for any of the following reasons, shall have
the right to do so in accordance with law-
(a) violation of any
provision of the Constitution;
(b) inefficient discharge of duties
or
(c) misbehaviour.
Article 188
Any people's
representative who has been elected, or any representative who has been
assigned duties in any organ of the Pyithu Hluttaw or of any People's
Council, may submit his resignation to the respective organ in accordance
with law.
Article 189
A vacancy arising for any
reason in the Pyithu Hluttaw or in any People's Council at any level or in
an organ of the Pyithu Hluttaw or the Council concerned shall be filled by
election in accordance with law.
CHAPTER XIV
STATE
FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL
Article
190
The State Flag shall be as shown below:- [Image
pending].
[
The flag has a red background with a blue rectangle top left containing 14
white stars surrounding a white wheel with 15 outward-pointing cogs, at
the centre of which is a yellow rice stalk - unofficial
description]
Article
191
State Seal shall he as shown below: [image
pending]
Article 192
The Pyithu Hluttaw shall
prescribe the National Anthem Until a new National Anthem is prescribed
the present National Anthem shall be used.
Article
193
The capital of the Republic is Rangoon.
Article
194
(a) The Preamble of this Constitution Articles I and 4 of
Chapter I Articles 5, 6, 7, 8, 9, II, I2, I4, I8 and 2I of Chapter II
Articles 28, 29 and 32 of Chapter III Articles 4I, 44 and 46 of Chapter IV
and Article I94 of Chapter XV shall be amended with the prior approval of
75 per cent of all the members of the Pyithu Hluttaw in a nation-wide
referendum only with a majority vote of more than half of those who have
the right to vote.
(b) Provisions other than those mentioned in
Clause (a) shall be amended only with a majority vote of 75 per cent of
all the members of the Pyithu Hluttaw.
(c) Members of the Pyithu
Hluttaw may submit to the Pyithu Hluttaw motions for amending this
Constitution.
(d) If a People's Council wishes to submit a motion
for amending this Constitution such a motion shall be submitted stage by
stage from the lower to the higher levels and finally to the Pyithu
Hluttaw.
CHAPTER XVI
GENERAL
PROVISIONS
Article
195
This Constitution shall come into force throughout the
Union after its adoption in a nation-wide referendum by more than half of
all the people who have the right to vote.
Article
196
The Revolutionary Council of the Union of Burma shall,
continuing to exercise State sovereignty, carry out during the interval
between the coming into force of this Constitution and the day the first
session of the Pyithu Hluttaw is convened, all the functions of the Pyithu
Hluttaw under the Constitution The work done by the Revolutionary Council
to bring the Constitution into force shall be deemed to have been carried
out In accordance with this Constitution.
Article
197
Interpretation of the preamble, articles, clauses, words
and expressions contained in this Constitution shall be based only on the
Burmese text.
Article 198
Burmese shall be used as
the official language for the purpose of uniformity and clarity in
communications between the higher and lower level organs of the State and
between such organs at the same level. If necessary the language of the
national race concerned may be used.
Article 199
All
policy guidelines, laws, rules, regulations, notifications proclamations,
measures, responsibilities and rights of the Revolutionary Council of the
Union of Burma shall devolve on the Socialist Republic of the Union of
Burma.
Article 200
(a) In interpreting the
expressions contained in this Constitution, reference shall be made to the
Interpretation Law promulgated by the Revolutionary Council of the Union
of Burma.
(b) Amendments to and further interpretation of
expressions contained in the Law mentioned in Clause (a), shall only be
made by the Pyithu Hluttaw.
(c) The validity of the acts of the
Council of State, or of the Central or Local Organs of State Power under
this Constitution shall only be determined by the Pyithu
Hluttaw.
Article 201
The Pyithu Hluttaw may publish
interpretations of this Constitution from time to time as may be
necessary.
Article 202
(a) This Constitution is the
basic law of all laws of the State.
(b) Existing laws and rules
shall remain in force in so far as they are not contrary to this
Constitution until and unless they are repealed or amended by the Pyithu
Hluttaw.
(c) Existing regulations, bye-laws, notifications, orders,
directives and procedures shall remain in force in so far as they are not
contrary to this Constitution until and unless they are repealed or
amended by the Council of State.
(d) Existing laws and rules shall
be repealed or amended by the Pyithu Hluttaw to bring them into consonance
with this Constitution.
(e) Existing regulations, bye-laws,
notifications, orders, directives and procedures shall be repealed or
amended by the Council of State to bring them into consonance with this
Constitution.
(f) Existing laws, rules, regulations, bye-laws,
notifications, orders, directives, and procedures shall, pending their
repeal or amendment, be interpreted and acted upon by the Central and
Local- Organs of State Power in the spirit of this
Constitution.
(g) The Bodies of Public Services shall perform their
duties in the spirit of this Constitution.
(h) All functioning
organs and all public servants and workers serving under the Revolutionary
Council of the Union of Burma on the day this Constitution comes into
force shall continue in their functions unless otherwise prescribed by the
Council of State.
Article 203
(a) The Council of
State and the Central Organs of State Power may, subject to this
Constitution and to laws, rules and resolutions passed by the Pyithu
Hluttaw, promulgate such regulations, bye-laws, orders, directives and
procedures as may be necessary.
(b) The Local Organs of State Power
may, subject to this Constitution and to laws, rules and resolutions
passed by the Pyithu Hluttaw and to regulations, bye-laws, orders,
directives and procedures promulgated by the respective Central Organs of
State Power, promulgate such orders, directives and procedures for the
respective local areas as may be necessary.
Article
204
(a) Members of the Pyithu Hluttaw, the Council of State,
the Council of People's Justices, the Council of People's Attorneys and
the Council of People's Inspectors shall have the right to submit to the
Pyithu Hluttaw draft legislation on matters other than those mentioned in
Article 89.
(b) The Council of Ministers shall have the right to
submit to the Pyithu Hluttaw draft legislation on matters mentioned in
Article 89 as well as on other matters.
(c) The People's Councils
at different levels may submit draft legislation on matters other than
those mentioned in Article 89, stage by stage from the lower to the higher
levels of the People's Councils and finally to the Pyithu
Hluttaw.
Article 205
The Burma Socialist Programme
Party, mass and class organisations formed under its leadership, and the
working people may submit suggestions and advice to the organs of State
power at different levels, on legal matters, economic planning, the annual
budget and other matters.
Article 206
(a) Members of
tile Council of State, and of the Council of Ministers shall not serve on
any other Organ of State Power other than the organ to which they belong,
except in cases provided for in Clause (b) of Article 54 and in Clause (c)
of Article 64.
(b) Members of the Council of People's Justices, of
the Council of People's Attorneys and of the Council of People's
Inspectors shall not serve on any Organ of State Power other than the
organ to which they belong or on any other Organ of the Pyithu
Hluttaw.
(c) Members of the Executive Committee and of tile
Inspectorates of the People's Councils at the State, Divisional and
Township levels shall not serve on any Local Organ of State Power other
than the organ to which they belong or on any Affairs
Committee.
(d) Members of the Committee of Judges of the People's
Councils at different levels shall not serve on any Local Organ of State
Power other than the organ to which they belong. They may, however, serve
on the Affairs Committees of the People's Council
concerned.
Article 207
The number of people's
representatives which shall constitute the quorum at meetings of the
Pyithu Hluttaw and the People's Councils at different levels shall be 75
per cent of all the people's representatives.
Article
208
The Council of State or an Affairs Committee of the Pyithu
Hluttaw may invite any Central Organ of State Power to attend and answer
questions, and such organ shall be under a duty to
respond.
Article 209
(a) Should the Pyithu Hluttaw or
any People's Council at any level be dissolved before the expiry of its
regular term, the term of office of the newly elected Pyithu Hluttaw or
People's Council shall be for the remaining period of the term of the
dissolved Pyithu Hluttaw or People's Council.
(b) Should any
People's Council be formed after the formation of the Pyithu Hluttaw, the
term of such People's Council shall be the same as the regular term of the
Pyithu Hluttaw.
End
of Document
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