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The National Convention, which is now in session, has already laid down the basic principles and detailed basic principles. In connection with the State, it has laid down the basic principle as follows: |
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(1) Myanmar Naing-Ngan is a sovereign, independent nation; |
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| The territorial boundary inclusive of the land, sea and air space of the State is as it is on the day the State Constitution comes into force.
Our territory includes nothing dismembered from others’. It is the homeland of our ancestors. All the citizens should know that a lot of lives, blood and sweat were sacrificed during the different periods in safeguarding the territorial integrity. A detailed basic principle has been laid down that if the need arises to re-delineate the territorial boundary of the Union, the President of the Union shall first inform the Speaker of the Pyidaungsu Hluttaw and ask him to seek the opinion of the Pyidaungsu Hluttaw. Sovereign power of the State is derived from the citizens and is in force in the whole country. Nei Ther the President nor the Government alone has the right to decide the matter but the Pyidaungsu Hluttaw, which represents the entire citizens, reserves the right to do so. In the matter of the re-delineation of the territorial boundary of the Union, more than half of the Pyithu Hluttaw representatives and that of the Amyotha Hluttaw representatives are to give their approval. That is not all. In the two Hluttaws, there will be the representatives from the region or state involved in the redelineation of the territorial boundary; out of those representatives more than half of them are to give their votes in support. |
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Here, in the matter of the re-delineation of the territorial boundary, obtaining the consent of more than half of the Amyotha Hluttaw and Pyithu Hluttaw representatives is not enough. It has also been prescribed that the approval of more than half of Amyotha Hluttaw and Pyithu Hluttaw representatives of the region or the state involved in the matter is also necessary. This is the practice of check and balance. |
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This is the essence of democracy put into practice to harmonize the opinions of the majority and that of the minority. It is not that the minority is always to follow the opinion of the majority; but harmony between the majority and the minority is ensured as much as possible. All these constitute the legislative structure and essence of the future State. After the approval was sought for the re-delineation of the territorial boundary, the Speaker of the Pyidaungsu Hluttaw will have to inform the President to re-delineate the territorial boundary as necessary. If the Amyotha Hluttaw representatives or Pyithu Hluttaw representatives or the representatives of the region or state involved in the re-delineation of the territorial boundary do not approve of the matter, then what is to be done? When the general opinion is not unanimous, a detailed basic principle has been prescribed that the opinion of the Pyidaungsu Hluttaw is to be sought. Here, three-fourths and above of the representatives of the Pyidaungsu Hluttaw are to give their support. Only after the approval is sought, the Speaker of the Pyidaungsu Hluttaw is to inform the President for the re-delineation of the territorial boundary of the Union. Prescribing only after the three-fourths and above of the Pyidaungsu Hluttaw representatives cast their votes in support is different from requiring only after more than half of the Pyidaungsu Hluttaw representatives cast their votes in support. When the Pyidaungsu Hluttaw has to deal with the matter because more than half of the representatives of the three Hluttaws do not support it, it will not be fair if it seeks the approval of more than half of the Pyidaungsu Hluttaw representatives only; the number should be more than that. This being so, it has been adopted that the Pyidaungsu Hluttaw is to pass the decision after obtaining the support of the three-fourths and above of the Pyidaungsu Hluttaw representatives. This is the essence of the legislative structure of the future State. |
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When the need arises for the redelineation of the territorial boundary of a region or state, the opinion of the eligible voters of the township concerned is to be sought first. A detailed basic principle has been laid down that if more than half of the eligible voters of the township concerned do not (do not) support the plan, the re-delineation of the territorial boundary shall not (not) be carried out. |
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| r | The re-delineation of the territorial boundary cannot be approved just because the majority of voters have given their support. The opinion of the representatives of the region or state Hluttaw will continue to be sought.
The region or state is made up of townships. The region or state is concerned with separate matters of the townships. So, seeking the opinion of the representatives of the region or state concerned is appropriate and just. In doing so, it is necessary to obtain the support of the three-fourths and above of the representatives of the region or state Hluttaw concerned. After securing the support, the President is to re-delineate the territorial boundary of the region or state with the approval of the Pyidaungsu Hluttaw. Suppose the region or state Hluttaw concerned decides not to re-delineate the territorial boundary,the decision of the Pyidaungsu Hluttaw, the highest legislative body, is to be sought. A detailed basic principle has been laid down that if the three-fourths and above of the representatives in the Pyidaungsu Hluttaw vote for the re-delineation of the territorial boundary, the President is to act on the re-delineation of the territorial boundary. If the need arises to re-delineate the territorial boundary or to change the name of villages, village-tracts, wards, towns, townships and districts in the region, state, self-administered division or self-administered zone, the region or state administrative authority concerned is to submit the matter to the President with its recommendation. The President is to carry on the work as necessary. A detailed basic principle has been laid down that if a region or state wishes to change its name, the opinion of the eligible citizens residing in the region or state concerned is to be sought and the name is then changed after introducing a law. The National Convention delegates have taken care of everything considering the weaknesses and ill consequences of the constitution of the parliamentary period. With farsightedness, they have done so in order that the nation and the people may not encounter bitter experiences in the future State, and to see that the constitution is the most fair and the best one. |
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