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| Legislative structure and essence of future state (4) | |||||||||
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The legislative powers of the State are distributed among Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaws. Legislative power prescribed by the Constitution is distributed to selfadministered areas. A study of the Hluttaws will show that Pyidaungsu Hluttaw comprises the two Hluttaws, namely, Pyithu Hluttaw and Amyotha Hluttaw. Pyithu Hluttaw, Amyotha Hluttaw, Region/State Hluttaws are formed with elected Hluttaw representatives and Tatmadaw member Hluttaw representatives nominated by the Commander-in-Chief of Defence Services according to law. |
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Qualifications of the representatives of the respective Hluttaws are prescribed with emphasis on their abilities to serve the interests of the nation and the people. The Hluttaw representatives concerned should be truly the good sons of the nation and the people. |
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The youths who have attained 25 years and who are qualified will be able to participate in the Pyithu Hluttaw. At the same time, the middle aged persons of about 40 years or so as well as the seniors who are 50-60 years old will also take part in it. The seniors are experienced persons with ample knowledge about the past and the middle aged persons are ready to play whatever role they are going to be assigned. The qualified youths are to work together with the elders and gain experience and knowledge. This is the way they will prepare for the heavier responsibilities in the future. The Pyithu Hluttaw therefore serves as a proper link for the people of different ages. Pyithu Hluttaw and Amyotha Hluttaw are the highest bodies in exercising the legislative powers in the interest of the nation. Since only the citizens who are born of parents both of whom are also citizens should be a representative of the Pyithu Hluttaw. This being the case, the principle laid down by the National Convention is most appropriate. In introducing laws, it is of utmost importance not to harm national sovereignty but safeguard it. The nation may face different forms of danger. There might occur armed aggression that is quite obvious. At the same time, there might be plots and conspiracies using spies and decoys. Hence, Hluttaw representatives should be citizens who are born of parents both of whom are also citizens. |
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The National Convention has laid down a basic principle concerning the citizens and citizens' fundamental rights and responsibilities All persons born of parents both of whom are nationals are citizens; all persons who have become citizens in accord with law on the date the State Constitution comes into force are citizens; and citizenship, naturalization and revocation of citizenship shall be as prescribed by law. |
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Although the Commander-in-Chief of Defence Services has been granted the right to nominate Tatmadaw member Hluttaw representatives, every nominee needs to possess similar qualifications as the Pyithu Hluttaw representatives. This may be seen as check and balance in practice. They may also be seen as distribution of power and check and balance, that are democratic practices. Concerning those prescribed ineligible to stand for election, the 12 detailed basic principles have been laid down. Obviously, those who are serving prison terms for criminal offences, who are prescribed to be ineligible for violation of the election law, who are declared bankrupt, who are insane, who are members of the Sangha and State service personnel. Like manner, those engaged in politics at the expense of religion have no right to stand for election as Hluttaw representatives. In our discussions last week, we dealt with the matter on an ethnic group which has a population of over 10,000 but it has no self-administered zone of its own can win a seat in the self-administered division or self-administered zone. We have also discussed that if the Self-administered Area Leading Body is less than ten members and if there is no ethnic group with a population of over 10,000, the Leading Body could choose and appoint a suitable person residing in the self-administered area. If so, what are the qualifications for those representatives? They, too, are to meet the qualifications prescribed for the Hluttaw representatives and at the same time the 12 points meant for those ineligible to stand for election also apply to them.. |
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