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Table of Contents

  1. Preamble
  2. Chapter I. Basic Principles of the Union
  3. PART 1. THE REPUBLIC OF THE UNION OF MYANMAR
  4. PART 2. BASIC PRINCIPLES
  5. Chapter II. State Structure
  6. Chapter III. Head of State - The President and Vice-Presidents
  7. Chapter IV. Legislature
  8. A. THE PYIDAUNGSU HLUTTAW
  9. PART 1. THE FORMATION OF THE PYIDAUNGSU
  10. PART 2. THE HEAD AND THE DEPUTY HEADS OF THE RESPECTIVE HLUTTAWS
  11. PART 3. PERFORMANCE OF DUTIES BY THE SPEAKER AND THE DEPUTY SPEAKER OF THE PYIDAUNGSU HLUTTAW
  12. PART 4. FUNCTIONS OF THE SPEAKER OF THE PYIDAUNGSU HLUTTAW
  13. PART 5. CONVENING THE SESSIONS OF THE PYIDAUNGSU HLUTTAW
  14. PART 6. LEGISLATION
  15. SCHEDULE 1. UNION LEGISLATIVE LIST (REFER TO SECTION 96)
  16. PART 7. LEGISLATION RELATING TO OTHER MATTERS
  17. PART 8. LEGISLATION RELATING TO UNION TERRITORIES
  18. PART 9. SUBMISSION OF A BILL
  19. PART 10. SUBMISSION OF THE UNION BUDGET BILL
  20. PART 11. ORDINANCE
  21. PART 12. PROMULGATION AS LAW
  22. B. PYITHY HLUTTAW
  23. PART 1. FORMATION OF THE PYITHU HLUTTAW
  24. PART 2. ELECTION OF THE PYITHU HLUTTAW CHAIRPERSON
  25. PART 3. ELECTION OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE PYITHU HLUTTAW
  26. PART 4. FUNCTIONS OF THE SPEAKER OF THE PYITHU HLUTTAW
  27. PART 5. PERFORMANCE AND TERMINATION OF DUTIES OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE PYITHU HLUTTAW
  28. PART 6. FORMATION OF THE PYITHU HLUTTAW COMMITTEE, COMMISSION AND BODIES
  29. PART 7. TERM OF THE PYITHU HLUTTAW
  30. PART 8. QUALIFICATION OF THE PYITHU HLUTTAW REPRESENTATIVES
  31. PART 9. DISQUALIFICATION FOR THE PYITHU HLUTTAW REPRESENTATIVES
  32. PART 10. QUALIFICATIONS OF THE PYITHU HLUTTAW REPRESENTATIVES WHO ARE THE DEFENCE SERVICES PERSONNEL
  33. PART 11. CONVENING THE PYITHU HLUTTAW SESSION
  34. SCHEDULE 4. FORM OF OATHS OR AFFIRMATION (REFER TO SECTION 125)
  35. PART 12. SUBMISSION OF BILL
  36. C. AMYOTHA HLUTTAW
  37. PART 1. FORMATION OF THE AMYOTHA HLUTTAW
  38. PART 2. ELECTION OF CHAIRPERSON OF THE AMYOTHA HLUTTAW
  39. PART 3. ELECTION OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE AMYOTHA HLUTTAW
  40. PART 4. DUTIES OF THE SPEAKER OF THE AMYOTHA HLUTTAW
  41. PART 5. PERFORMANCE AND TERMINATION OF DUTIES OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE AMYOTHA HLUTTAW
  42. PART 6. FORMATION OF THE AMYOTHA HLUTTAW COMMITTEES, COMMISSIONS AND BODIES
  43. PART 7. TERM OF THE AMYOTHA HLUTTAW
  44. PART 8. QUALIFICATIONS OF THE AMYOTHA HLUTTAW REPRESENTATIVES
  45. PART 9. QUALIFICATIONS OF THE AMYOTHA HLUTTAW REPRESENTATIVES WHO ARE THE DEFENCE SERVICES PERSONNEL
  46. PART 10. CONVENING OF THE AMYOTHA HLUTTAW SESSION
  47. PART 11. SUBMISSION OF BILL
  48. D. REGION HLUTTAW OR STATE HLUTTAW
  49. PART 1. FORMATION OF THE REGION HLUTTAW OR THE STATE HLUTTAW
  50. PART 2. ELECTION OF THE CHAIRPERSON OF THE REGION OR STATE HLUTTAW
  51. PART 3. ELECTION OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE REGION HLUTTAW OR THE STATE HLUTTAW
  52. PART 4. DUTIES OF THE SPEAKER OF THE REGION HLUTTAW OR THE STATE HLUTTAW
  53. PART 5. PERFORMANCE AND TERMINATION OF DUTIES OF THE SPEAKER AND THE DEPUTY SPEAKER OF THE REGION HLUTTAW OR THE STATE HLUTTAW
  54. PART 6. FORMATION OF THE REGION HLUTTAW OR THE STATE HLUTTAW COMMITTEE AND BODIES
  55. PART 7. TERM OF THE REGION HLUTTAW OR THE STATE HLUTTAW
  56. PART 8. QUALIFICATIONS OF THE REGION HLUTTAW OR THE STATE HLUTTAW REPRESENTATIVES
  57. PART 9. QUALIFICATIONS OF THE REGION OR STATE HLUTTAW REPRESENTATIVES WHO ARE DEFENCE SERVICES PERSONNEL
  58. PART 10. CONVENING THE REGION OR STATE HLUTTAW SESSIONS
  59. PART 11. LEGISLATION
  60. SCHEDULE 2. REGION OR STATE LEGISLATIVE LIST (REFER TO SECTION 188)
  61. PART 12. SUBMISSION OF BILL
  62. PART 13. SUBMISSION OF REGION AND STATE BUDGET BILL
  63. PART 14. PROMULGATION OF LAW
  64. PART 15. SELF-ADMINISTERED DIVISION AND SELF-ADMINISTERED ZONE LEADING BODIES
  65. SCHEDULE 3
  66. PART 16. DUTIES, POWERS AND RIGHTS OF THE REPRESENTATIVES OF THE PYITHU HLUTTAW, THE AMYOTHA HLUTTAW AND THE REGION OR STATE HLUTTAW
  67. PART 17. EFFECT OF LAWS
  68. Chapter V. Executive
  69. A. THE UNION GOVERNMENT
  70. PART 1. FORMATION OF THE UNION GOVERNMENT
  71. PART 2. FORMATION OF THE NATIONAL DEFENCE AND SECURITY COUNCIL
  72. PART 3. POWERS AND FUNCTIONS OF THE PRESIDENT
  73. PART 4. THE EXECUTIVE POWER OF THE UNION GOVERNMENT
  74. PART 5. FORMATION OF THE FINANCIAL COMMISSION
  75. PART 6. DUTIES AND FUNCTIONS OF THE FINANCIAL COMMISSION
  76. PART 7. TAXES AND REVENUES TO BE PAID TO THE UNION FUND
  77. B. THE UNION MINISTERS AND THE DEPUTY MINISTERS
  78. PART 1. APPOINTMENT OF THE UNION MINISTERS
  79. PART 2. IMPEACHMENT OF THE UNION MINISTER
  80. PART 3. APPOINTMENT OF DEPUTY MINISTERS
  81. PART 4. TERM OF OFFICE, RESIGNATION, TERMINATION OF DUTIES AND FILLING VACANCY OF THE UNION MINISTERS AND DEPUTY MINISTERS
  82. PART 5. THE ATTORNEY GENERAL OF THE UNION AND THE DEPUTY ATTORNEY GENERAL
  83. PART 6. THE APPOINTMENT OF THE ATTORNEY GENERAL OF THE UNION
  84. PART 7. IMPEACHMENT OF THE ATTORNEY GENERAL OF THE UNION
  85. PART 8. APPOINTMENT OF THE DEPUTY ATTORNEY GENERAL
  86. PART 9. TERM OF OFFICE, RESIGNATION, TERMINATION OF OFFICE, FILLING THE VACANCY OF THE ATTORNEY-GENERAL OF THE UNION AND THE DEPUTY ATTORNEY-GENERAL
  87. PART 10. AUDITOR-GENERAL OF THE UNION AND THE DEPUTY AUDITOR-GENERAL
  88. PART 11. APPOINTMENT OF THE AUDITOR-GENERAL OF THE UNION
  89. PART 12. IMPEACHMENT OF THE AUDITOR-GENERAL OF THE UNION
  90. PART 13. APPOINTMENT OF THE DEPUTY AUDITOR-GENERAL
  91. PART 14. TERM OF OFFICE, RESIGNATION, TERMINATION OF OFFICE, FILLING THE VACANCY OF THE AUDITOR-GENERAL OF THE UNION AND THE DEPUTY AUDITOR-GENERAL
  92. PART 15. FORMATION OF THE UNION CIVIL SERVICES BOARD
  93. PART 16. THE REGION GOVERNMENT OR THE STATE GOVERNMENT
  94. PART 17. FORMATION OF THE REGION GOVERNMENT OR STATE GOVERNMENT
  95. PART 18. EXECUTIVE POWERS OF THE REGION OR STATE GOVERNMENT
  96. PART 19. CHARGES AND TAXES TO BE COLLECTED BY THE REGION OR STATE GOVERNMENT
  97. SCHEDULE 5. TAXES COLLECTED BY REGION OR STATES (REFER TO SECTION 254)
  98. PART 20. OFFICE OF THE REGION OR STATE GOVERNMENT
  99. C. CHIEF MINISTER OF THE REGION OR STATE
  100. PART 1. APPOINTMENT OF THE CHIEF MINISTER OF THE REGION OR STATE
  101. D. MINISTERS OF THE REGION OR MINISTERS OF THE STATE
  102. PART 1. APPOINTMENT OF THE MINISTERS OF THE REGION OR MINISTERS OF THE STATE
  103. PART 2. IMPEACHMENT OF THE CHIEF MINISTER OF THE REGION OR STATE OR ANY MINISTER
  104. PART 3. RESIGNATION, TERMINATION OF OFFICE, FILLING THE VACANCY OF THE CHIEF MINISTER OR MINISTER OF THE REGION OR STATE
  105. PART 4. ADVOCATE-GENERAL OF THE REGION OR ADVOCATE-GENERAL OF THE STATE
  106. PART 5. THE APPOINTMENT OF THE ADVOCATE-GENERAL OF THE REGION OR STATE
  107. PART 6. IMPEACHMENT OF THE ADVOCATE-GENERAL OF THE REGION OR STATE
  108. PART 7. RESIGNATION, TERMINATION OF OFFICE, FILLING VACANCY OF THE ADVOCATE-GENERAL OF THE REGION OR STATE
  109. PART 8. AUDITOR-GENERAL OF THE REGION OR AUDITOR-GENERAL OF THE STATE
  110. PART 9. APPOINTMENT OF THE AUDITOR-GENERAL OF THE REGION OR THE AUDITOR-GENERAL OF THE STATE
  111. PART 10. IMPEACHMENT OF THE AUDITOR-GENERAL OF THE REGION OR THE AUDITOR-GENERAL OF THE STATE
  112. PART 11. RESIGNATION, TERMINATION OF OFFICE, FILLING THE VACANCY OF THE AUDITOR-GENERAL OF THE REGION OR THE AUDITOR-GENERAL OF THE STATE
  113. PART 12. ADMINISTRATIVE BODY OF THE SELF-ADMINISTERED DIVISION OR SELF-ADMINISTERED ZONE
  114. PART 13. FORMATION OF LEADING BODIES OF THE SELF-ADMINISTERED DIVISION AND THE SELF-ADMINISTERED ZONE
  115. PART 14. EXECUTIVE POWERS OF THE LEADING BODIES OF THE SELF-ADMINISTERED DIVISION OR SELF-ADMINISTERED ZONE
  116. PART 15. OFFICE OF THE LEADING BODIES OF THE SELF-ADMINISTERED DIVISION OR SELF-ADMINISTERED ZONE
  117. PART 16. ADMINISTRATION OF NAY PYI TAW , THE UNION TERRITORY
  118. PART 17. FORMATION OF THE NAY PYI TAW COUNCIL
  119. PART 18. RESIGNATION, TERMINATION OF OFFICE, FILLING THE VACANCY OF THE CHAIRPERSON AND MEMBERS OF THE NAY PYI TAW COUNCIL
  120. PART 19. OFFICE OF NAY PYI TAW COUNCIL
  121. PART 20. ADMINISTRATION OF DISTRICT AND TOWNSHIP
  122. PART 21. ADMINISTRATION OF WARD AND VILLAGE-TRACT
  123. E. CIVIL SERVICES PERSONNEL
  124. Chapter VI. Judiciary
  125. A. FORMATION OF COURTS
  126. B. SUPREME COURT OF THE UNION
  127. PART 1. CONSTITUTION OF THE SUPREME COURT OF THE UNION
  128. PART 2. ORIGINAL JURISDICTION OF THE SUPREME COURT OF THE UNION
  129. PART 3. JUDICIARY BUDGET
  130. PART 4. SUBMISSION OF THE JUDICIARY SITUATION
  131. PART 5. APPOINTMENT OF THE CHIEF JUSTICE OF THE UNION AND THE JUDGES OF THE SUPREME COURT OF THE UNION
  132. PART 6. QUALIFICATIONS OF THE CHIEF JUSTICE OF THE UNION AND JUDGES OF THE SUPREME COURT OF THE UNION
  133. PART 7. IMPEACHMENT OF THE CHIEF JUSTICE OF THE UNION AND JUDGES OF THE SUPREME COURT OF THE UNION
  134. PART 8. TERM OF THE CHIEF JUSTICE OF THE UNION AND JUDGES OF THE SUPREME COURT OF THE UNION
  135. F. HIGH COURTS OF THE REGION OR HIGH COURTS OF THE STATE
  136. PART 1. FORMATION OF HIGH COURTS OF THE REGION OR HIGH COURTS OF THE STATE
  137. PART 2. JURISDICTIONS OF HIGH COURTS OF THE REGION OR HIGH COURTS OF THE STATE
  138. PART 3. APPOINTMENT OF THE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE
  139. PART 4. QUALIFICATION OF THE CHIEF JUSTICE OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE AND JUDGES OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE
  140. PART 5. IMPEACHMENT OF THE CHIEF JUSTICE OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE AND JUDGES OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE
  141. PART 6. TERM OF THE CHIEF JUSTICE OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE AND JUDGES OF THE HIGH COURT OF THE REGION OR HIGH COURT OF THE STATE
  142. PART 7. COURTS UNDER THE SUPERVISION OF THE HIGH COURT OF THE REGION OR THE HIGH COURT OF THE STATE
  143. PART 8. JURISDICTION OF THE DISTRICT COURTS AND TOWNSHIP COURTS
  144. PART 9. COURTS-MARTIAL
  145. G. THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  146. PART 1. FORMATION OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  147. PART 2. FUNCTIONS AND DUTIES OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  148. PART 3. EFFECT OF THE RESOLUTION OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  149. PART 4. SUBMISSION TO OBTAIN THE INTERPRETATION, RESOLUTION AND OPINION OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  150. PART 5. APPOINTMENT OF THE CHAIRPERSON AND MEMBERS OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  151. PART 6. QUALIFICATIONS OF THE MEMBER OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  152. PART 7. IMPEACHMENT OF THE CHAIRPERSON AND THE MEMBERS OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  153. PART 8. TERM OF THE CONSTITUTIONAL TRIBUNAL OF THE UNION
  154. Chapter VII. Defence Services
  155. Chapter VIII. Citizen, Fundamental Rights and Duties of the Citizens
  156. Chapter IX. Election
  157. PART 1. ELECTION OF PEOPLE’S REPRESENTATIVES TO THE HLUTTAWS
  158. PART 2. RECALLING A REPRESENTATIVE OF THE HLUTTAW
  159. PART 3. FORMATION OF THE UNION ELECTION COMMISSION
  160. PART 4. DUTIES OF THE UNION ELECTION COMMISSION
  161. PART 5. IMPEACHMENT OF THE CHAIRMAN OR THE MEMBERS OF THE UNION ELECTION COMMISSION
  162. PART 6. RESOLUTIONS AND FUNCTIONS OF THE UNION ELECTION COMMISSION
  163. Chapter X. Political Parties
  164. PART 1. FORMATION OF THE POLITICAL PARTIES
  165. PART 2. THE RIGHT OF NON-EXISTENCE OF POLITICAL PARTIES
  166. Chapter XI. Provisions on State of Emergency
  167. Chapter XII. Amendment of the Constitution
  168. Chapter XIII. State Flag, State Seal, National Anthem and the Capital
  169. Chapter XIV. Transitory Provisions
  170. Chapter XV. General Provisions

Constitution of Myanmar (2008)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4Myanmar is a Nation with magnificent historical traditions. We, the National people, have been living in unity and oneness, setting up an independent sovereign State and standing tall with pride.

5Due to colonial intrusion, the Nation lost her sovereign power in 1885. The National people launched anti-colonialist struggles and National liberation struggles, with unity in strength, sacrificing lives and hence the Nation became an independent sovereign State again on 4th January 1948.

6In order to gain independence speedily, the Constitution was hastily drafted, and it was adopted by the Constituent Assembly on 24th September 1947. After attaining independence, Parliamentary Democracy System was practised in the State in accord with the Constitution of the Union of Myanmar. However, as democratic system could not be effectively materialized, the new Constitution of the Socialist Republic of the Union of Myanmar was drafted based on the single party system, and after holding a National Referendum, a socialist democratic State was set up in 1974. The Constitution came to an end because of the general situation occurred in 1988.

7Later, due to public aspirations, the State Peace and Development Council made efforts to adopt multi-party democratic system and market economy in accord with the National situation.

8As an enduring Constitution, that guarantees long-term benefits, has become essential for the future nation, the State Peace and Development Council convened the National Convention in 1993.

9Persons who are well experienced in various aspects of politics, security, administration, economics, social and law as well as National races representatives of all townships in the Nation took part in the National Convention.

10Despite many difficulties and disturbances encountered the National Convention, it was unwaveringly reconvened in 2004 in accord with the seven-step Roadmap adopted in 2003. As the National Convention was able to adopt the Basic Principles and Detailed Basic Principles for formulating a Constitution, it successfully concluded on 3rd September 2007.

11We, the National people, drafted this Constitution of the Republic of the Union of Myanmar in accord with the Basic Principles and Detailed Basic Principles laid down by the National Convention.

12We, the National people, firmly resolve that we shall:

13-steadfastly adhere to the objectives of non-disintegration of the Union, non-disintegration of National solidarity, and perpetuation of sovereignty;

14-stalwartly strive for further burgeoning the eternal principles namely justice, liberty, equality and perpetuation of peace and prosperity of the National people;

15-uphold racial equality, living eternally in unity fostering the firm Union Spirit of true patriotism;

16-constantly endeavour to uphold the principles of peaceful co-existence among nations with a view to having world peace and friendly relations among nations.

17DO HEREBY ADOPT this Constitution of the Republic of the Union of Myanmar through a nation-wide referendum on the Tenth day of Kasone Waning, 1370 M.E. (The Twenty-Ninth day of May, 2008 A.D.)

18Chapter I. Basic Principles of the Union

19PART 1. THE REPUBLIC OF THE UNION OF MYANMAR

201. Myanmar is an independent sovereign Nation.

212. The State shall be known as the Republic of the Union of Myanmar.

223. The State is where multi-National races collectively reside.

234. The Sovereign power of the Union is derived from the citizens and is in force in the entire country.

245. The territory of the State shall be the land, sea, and airspace which constitutes its territory on the day this Constitution is adopted.

25PART 2. BASIC PRINCIPLES

266. The Union's consistent objectives are:

27a.non-disintegration of the Union;

28b.non-disintegration of National solidarity;

29c.perpetuation of sovereignty;

30d.flourishing of a genuine, disciplined multi-party democratic system;

31e.enhancing the eternal principles of Justice, Liberty and Equality in the Union and;

32f.enabling the Defence Services to be able to participate in the National political leadership role of the State.

337. The Union practises genuine, disciplined multi-party democratic system.

348. The Union is constituted by the Union system.

359. a. The existing seven Divisions are designated as seven Regions and the existing seven States are designated as seven States. Those seven Regions and seven States are of equal status.

36b. The names of those seven Regions and seven States are retained as they exist.

37c. If it is desired to change the name of a Region or a State, it shall be done so with the enactment of a law after ascertaining the desire of citizens residing in the Region or State concerned.

3810. No part of the territory constituted in the Union such as Regions, States, Union Territories and Self-Administered Areas shall ever secede from the Union.

3911. a. The three branches of sovereign power namely, legislative power, executive power and judicial power are separated, to the extent possible, and exert reciprocal control, check and balance among themselves.

40b. The three branches of sovereign power, so separated are shared among the Union, Regions, States and Self-Administered Areas.

4112. a. The legislative power of the Union is shared among the Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws. Legislative power stipulated by this Constitution shall be shared to the Self-Administered Areas.

42b. The Pyidaungsu Hluttaw consisting of two Hluttaws, one Hluttaw elected on the basis of township as well as population, and the other on an equal number of representatives elected from Regions and States.

4313. There shall be a Region Hluttaw in each of the seven Regions, and a State Hluttaw in each of the seven States.

4414. The Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws include the Defence Services personnel as Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services in numbers stipulated by this Constitution.

4515. For National races with suitable population, National races representatives are entitled to participate in legislature of Regions or States and Self-Administered Areas concerned.

4616. The Head of the Union and the Head of Executive of the Union is the President.

4717. a. The executive power of the Union is shared among the Pyidaungsu, Regions and States; Self-Administrative power shall be shared between Self-Administered Areas as prescribed by this Constitution.

48b. In the executive of the Union, Regions, States, Union Territory, Self-Administered Areas and districts, Defence Services personnel, nominated by the Commander-in-Chief of the Defence Services to undertake responsibilities of the defence, security, border administration, so forth, shall be included.

49c. For National races of which representatives are so permitted to participate in legislature of Regions, States or Self-Administered Areas in accord with Section 15, such representatives are to be permitted to participate, mainly, to undertake their National races affairs.

5018. a. The judicial power of the Union is shared among the Supreme Court of the Union, High Courts of the Regions, High Courts of the States and Courts of different levels including Courts of Self-Administered Areas.

51b. There shall be one Supreme Court of the Union. The Supreme Court of the Union is the highest Court of the Republic.

52c. The Supreme Court of the Union has powers to issue writs.

53d. A High Court of the Region or State is constituted in each Region or State.

5419. The following are prescribed as judicial principles :

55a.to administer justice independently according to law;

56b.to dispense justice in open court unless otherwise prohibited by law;

57c.to guarantee in all cases the right of defence and the right of appeal under law.

5820. a. The Defence Services is the sole patriotic defence force which is strong, competent and modern.

59b. The Defence Services has the right to independently administer and adjudicate all affairs of the armed forces.

60c. The Commander-in-Chief of the Defence Services is the Supreme Commander of all armed forces.

61d. The Defence Services has the right to administer for participation of the entire people in Union security and defence.

62e. The Defence Services is mainly responsible for safeguarding the non disintegration of the Union, the non-disintegration of National solidarity and the perpetuation of sovereignty.

63f. The Defence Services is mainly responsible for safeguarding the Constitution.

6421. a. Every citizen shall enjoy the right of equality, the right of liberty and the right of justice, as prescribed in this Constitution.

65b. No citizen shall be placed in custody for more than 24 hours without the permission of a Court.

66c. Every citizen is responsible for public peace and tranquillity and prevalence of law and order.

67d. Necessary law shall be enacted to make citizens' freedoms, rights, benefits, responsibilities and restrictions effective, steadfast and complete.

6822. The Union shall assist:

69a.to develop language, literature, fine arts and culture of the National races;

70b.to promote solidarity, mutual amity and respect and mutual assistance among the National races;

71c.to promote socio-economic development including education, health, economy, transport and communication, so forth, of less-developed National races.

7223. The Union shall:

73a.enact necessary laws to protect the rights of the peasants;

74b.assist peasants to obtain equitable value of their agricultural produce.

7524. The Union shall enact necessary laws to protect the rights of workers.

7625. The Union shall assist to promote the interests of the intellectuals and intelligentsia.

7726. a. Civil Services personnel shall be free from party politics.

78b. The Union shall enact necessary laws for Civil Services personnel to have security and sufficiency of food, clothing and shelter, to get maternity benefits for married women in service, and to ease livelihood for welfare of retired Service personnel.

7927. The Union shall assist development, consolidation and preservation of National culture.

8028. The Union shall:

81a.earnestly strive to improve education and health of the people;

82b.enact the necessary law to enable National people to participate in matters of their education and health;

83c.implement free, compulsory primary education system;

84d.implement a modern education system that will promote all-around correct thinking and a good moral character contributing towards the building of the Nation.

8529. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible for changeover from manual to mechanized agriculture.

8630. The Union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible, for development of industries.

8731. The Union shall, to the extent possible, assist to reduce unemployment among the people.

8832. The Union shall:

89a.care for mothers and children, orphans, fallen Defence Services personnel's children, the aged and the disabled;

90b.ensure disabled ex-Defence Services personnel a decent living and free vocational training.

9133. The Union shall strive for youth to have strong and dynamic patriotic spirit, the correct way of thinking and to develop the five noble strengths.

9234. Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution.

9335. The economic system of the Union is market economy system.

9436. The Union shall:

95a.permit all economic forces such as the State, regional organizations, cooperatives, joint-ventures, private individual, so forth, to take part in economic activities for the development of National economy;

96b.protect and prevent acts that injure public interests through monopolization or manipulation of prices by an individual or group with intent to endanger fair competition in economic activities;

97c.strive to improve the living standards of the people and development of investments;

98d.not nationalize economic enterprises;

99e.not demonetize the currency legally in circulation.

10037. The Union:

101a.is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the Union;

102b.shall enact necessary law to supervise extraction and utilization of State-owned natural resources by economic forces;

103c.shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accord with the law.

10438. a. Every citizen shall have the right to elect and be elected in accord with the law.

105b. Electorate concerned shall have the right to recall elected people's representatives in accord with the provisions of this Constitution.

10639. The Union shall enact necessary law to systematically form political parties for flourishing of a genuine, disciplined multi-party democratic system.

10740. a. If there arises a state of emergency characterized by inability to perform executive functions in accord with the provisions of the Constitution in a Region or a State or a Self-Administered Area, the President is empowered to exercise executive power in that Region, State or Self-Administered Area and, if necessary in doing so, the President is empowered to exercise legislative powers concerning that Region, State or Self-Administered Area in accord with the provisions of this Constitution.

108b. If there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a Region, State or Self-Administered Area, the Defence Services has the right, in accord with the provisions of this Constitution, to prevent that danger and provide protection.

109c. If there arises a state of emergency that could cause disintegration of the Union, disintegration of national solidarity and loss of sovereign power or attempts therefore by wrongful forcible means such as insurgency or violence, the Commander-in-Chief of the Defence Services has the right to take over and exercise State sovereign power in accord with the provisions of this Constitution.

11041. The Union practises independent, active and non-aligned foreign policy aimed at world peace and friendly relations with nations and upholds the principles of peaceful coexistence among nations.

11142. a. The Union shall not commence aggression against any nation.

112b. No foreign troops shall be permitted to be deployed in the territory of the Union.

11343. No Penal law shall be enacted to provide retrospective effect.

11444. No penalty shall be prescribed that violates human dignity.

11545. The Union shall protect and conserve natural environment.

11646. A Constitutional Tribunal shall be set up to interpret the provisions of the Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the Constitution, to decide on disputes relating to the Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves, and to perform other duties prescribed in this Constitution.

11747. The Basic Principles set forth in this Chapter, and Chapter 8, Citizen, Fundamental Rights, and Duties of the Citizen, the term "Union" means person or body exercising the legislative or executive authority of the Union under this Constitution according as the context may require.

11848. The Basic Principles of the Union shall be the guidance in enacting laws by legislature and in interpreting the provisions of this Constitution and other laws.

119Chapter II. State Structure

12049. The Union is delineated and constituted by seven Regions, seven States and the Union territories as follows:

121a.Kachin State;

122b.Kayah State;

123c.Kayin State;

124d.Chin State;

125e.Sagaing Region;

126f.Taninthayi Region;

127g.Bago Region;

128h.Magway Region;

129i.Mandalay Region;

130j.Mon State;

131k.Rakhine State;

132l.Yangon Region;

133m.Shan State;

134n.Ayeyawady Region; and

135o.Union territories.

13650. a. Nay Pyi Taw, the capital of the Union, prescribed as Union territory, shall be under the direct administration of the President.

137b. If there arises a need to specify areas that have special situations concerning national defence, security, administration and economy, so forth, those areas may be prescribed as Union territories under the direct administration of the President after enacting law.

13851. The Union is constituted as follows:

139a.villages are organized as village-tract;

140b.wards are organized as town or township;

141c.village-tracts and wards or towns are organized as township;

142d.townships are organized as district;

143e.districts are organized as Region or State;

144f.townships in a Self-Administered Zone are organized as Self-Administered Zone;

145g.townships in a Self-Administered Division are organized as District and such Districts are organized as Self-Administered Division;

146h.If there are Self-Administrated Zone or Self-Administered Division in a Region or a State, those Self-Administered Divisions, Self-Administered Zones and Districts are organized as Region or State;

147i.Regions, States and Union territories are organized as the Republic.

14852. a. If there arises a need to re-delineate the territorial boundary of the Union, the President shall firstly intimate the Head of the Pyidaungsu Hluttaw to ask for the opinion of the Pyidaungsu Hluttaw.

149b. The Head of the Pyidaungsu Htuttaw, after receiving the intimation of the President, shall obtain the opinion of the Hluttaw representatives as follows:

150i.assenting votes of more than half of the total number of representatives in the Hluttaw, elected in equal numbers from Regions and States;

151ii.assenting votes of more than half of the total number of representatives in the Hluttaw, elected as representatives on the basis of township as well as population;

152iii.assenting votes of more than half of the total number of representatives of the two Hluttaws from the Region or State involved in the boundary concerned.

153c. The Head of the Pyidaungsu Hluttaw, after obtaining the assenting votes as mentioned above, shall inform the President for re-delineating the territorial boundary of the Union as necessary.

154d. In accord with the above-mentioned procedures, if either of the Hluttaws, or representatives from the Region or State involved in the territorial boundary concerned resolve against re-delineation, the opinion of the Pyidaungsu Hluttaw shall be obtained. If three-fourths and above of the total number of the Pyidaungsu Hluttaw representatives cast assenting votes, the Head of the Pyidaungsu Hluttaw shall inform the President to re-delineate the territorial boundary as necessary.

155e. The President shall take necessary measures for re-delineation of the territorial boundary of the Union, as necessary, after obtaining the opinion of the Pyidaungsu Hluttaw.

15653. a. If there arises a cause to re-delineate the territorial boundary of a Region or a State, the prior consent of the electorate residing within the township concerned shall be obtained.

157b. In obtaining consent, re-delineation of the territorial boundary shall not be executed at all in the absence of assenting votes of more than half of the total number of the electorate residing within the township concerned.

158c. If more than half of the total number of eligible voters residing within the township concerned cast assenting vote for re-delineation of the territorial boundary, the consent of the Hluttaw representatives of the Region or State involved in the territorial boundary concerned shall be obtained.

159d. The President shall re-delineate the territorial boundary of the Region or State concerned with the consent of the Pyidaungsu Hluttaw, after obtaining the assenting votes of three-fourths and above of the total number of representatives from the Region or the State concerned.

160e. The resolution of the Pyidaungsu Hluttaw shall be obtained if a Region Hluttaw or a State Hluttaw concerned decided against re-delineation of the territorial boundary.

161f. The President shall, as necessary, re-delineate the territorial boundary of a Region or a State if three-fourths and above of the total number of representatives in the Pyidaungsu Hluttaw assent to the re-delineation of the territorial boundary.

16254. Where there arises a situation to alter or form the territorial boundary or change the name of a village, village-tract, ward, town, township or district of a Region, State, Self-Administered Division or Self-Administered Zone concerned, the President shall act, as necessary, upon the recommendation of the Chief Minister of the Region or State concerned.

16355. If it is desired to change the name of a Self-Administered Division or Self-Administered Zone, the same procedure shall be applied as in the case of changing the name of a Region or State.

16456. The Self-Administered Divisions and Self-Administered Zones are delineated as follows:

165a.grouping Leshi, Lahe and Namyun townships in Sagaing Division as Naga Self-Administered Zone;

166b.grouping Ywangan and Pindaya townships in Shan State as Danu Self-Administered Zone;

167c.grouping HoPong, HsiHseng and Pinlaung townships in Shan State as Pa-O Self-Administered Zone;

168d.grouping Namhsan and Manton townships in Shan State as Pa Laung Self-Administered Zone;

169e.grouping Konkyan and Laukkai townships in Shan State as Kokang Self-Administered Zone;

170f.grouping six townships ñ Hopang, Mongma, Panwai, Nahpan, Metman and Pangsang (Pankham) townships in Shan State as two districts which are forged into 'Wa' Self-Administered Division.

171Chapter III. Head of State - The President and Vice-Presidents

17257. The President and Vice-Presidents represent the Union.

17358. The President of the Republic of the Union of Myanmar takes precedence over all other persons throughout the Republic of the Union of Myanmar.

17459. Qualifications of the President and Vice-Presidents are as follows:

175a.shall be loyal to the Union and its citizens;

176b.shall be a citizen of Myanmar who was born of both parents who were born in the territory under the jurisdiction of the Union and being Myanmar Nationals;

177c.shall be an elected person who has attained at least the age of 45;

178d.shall be well acquainted with the affairs of the Union such as political, administrative, economic and military;

179e.shall be a person who has resided continuously in the Union for at least 20 years up to the time of his election as President; Proviso: An official period of stay in a foreign country with the permission of the Union shall be counted as a residing period in the Union;

180f.shall he himself, one of the parents, the spouse, one of the legitimate children or their spouses not owe allegiance to a foreign power, not be subject of a foreign power or citizen of a foreign country. They shall not be persons entitled to enjoy the rights and privileges of a subject of a foreign government or citizen of a foreign country;

181g.shall possess prescribed qualifications of the President, in addition to qualifications prescribed to stand for election to the Hluttaw.

18260. a. The President shall be elected by the Presidential Electoral College.

183b. The Presidential Electoral College shall be formed with three groups of the Pyidaungsu Hluttaw representatives as follows:

184i.group formed with elected Hluttaw representatives in the Hluttaw with an equal number of representatives elected from Regions and States;

185ii.group formed with elected Hluttaw representatives in the Hluttaw elected on the basis of township and population;

186iii.group formed with the Defence Services personnel Hluttaw representatives nominated by the Commander-in-Chief of the Defence Services for the said two Hluttaws.

187c. Each group shall elect a Vice-President from among the Hluttaw representatives or from among persons who are not Hluttaw representatives.

188d. The Pyidaungsu Hluttaw and a Body comprising the Heads and Deputy Heads of the two Hluttaws in the Pyidaungsu Hluttaw shall scrutinize whether or not the Vice-Presidents possess the qualifications prescribed for the President.

189e. The Presidential Electoral College comprising all the Pyidaungsu Hluttaw representatives shall elect by vote one of the three Vice-Presidents who are Presidential candidates, as the President.

190f. Necessary law shall be enacted for the election of President and Vice-Presidents.

19161. a. The term of office of the President or the Vice-Presidents is five years.

192b. After the expiry of the incumbent term, the President and the Vice-Presidents shall continue their duties until the time the new President is duly elected.

193c. The President and the Vice-Presidents shall not serve more than two terms.

194d. An interim period to serve as the President or the Vice-President shall not be counted as one term of office.

195e. If a vacancy is filled for the President or the Vice-President for any reason, the term of office of the new President or the new Vice-President shall be up to the expiry of the original term of office.

19662. The President or the Vice-Presidents shall not be representative of any Hluttaw.

19763. If the President or the Vice-Presidents are Hluttaw representatives, they shall be deemed to have resigned from their seats in that Hluttaw, and if the President or the Vice Presidents are the Civil Services personnel, they shall be deemed to have resigned or retired from their offices from the day of their election.

19864. If the President or the Vice-Presidents are members of a political party, they shall not take part in its party activities during their term of office from the day of their election.

19965. The President and the Vice-Presidents shall make an affirmation as follows:

200"I ........... do solemnly and sincerely promise and declare that I will be loyal to the Republic of the Union of Myanmar and the citizens and hold always in esteem non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

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