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Legislative structure and essence of future state (4)

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.
Persons possessing the following qualifications are eligible to stand for election as Pyithu Hluttaw representatives to the Pyithu Hluttaw—
(1) having attained the age of 25;
(2) being a citizen born of parents both of whom are also citizens;
(3)having settled in the Union of Myanmar for at least 10 consecutiveyears up to the time of being elected Pyithu Hluttaw representative;
(4)possessing qualifications prescribed in the election law.
The number of Pyithu Hluttaw representatives is the largest. the number is 440. It is thus laid down to enable extensive participation of national races residing the length and breadth of the nation and a large number of new generation youths. That is why the age is prescribed 25.

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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.
A person who will stand for election to Pyithu Hluttaw should have experienced the political, economic, administrative and social developments in the country. For this, he should have lived in the Union of Myanmar for 10 consecutive years. If he has not lived in the country for ten years but lived abroad and if he is elected, no one will know his mentality and tendency influenced by external elements. That is why this specific qualification is prescribed.
When we practise multiparty democracy system it is necessary to prevent a group of persons from the misuse of power and also guard against traitorous elements relying on the foreign masters from interfering in the affairs of the State.
The Amyotha Hluttaw representative is to have completed 30 years of age. The number of Amyotha Hluttaw representatives is 224. As they will have to be more experienced and knowledgeable to be able to deal with political, economic, administrative and social affairs, the age is thus prescribed as 30 years.

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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.
The detailed basic principles have been laid down that a person owing allegiance to a foreign government, or a subject of a foreign government or a citizen of a foreign country; person who is entitled to rights and privileges of a subject of a foreign government or a citizen of a foreign country; they have no right to stand for election as Pyithu Hluttaw representatives.
If such persons are given the important positions it will amount to offering the hilt of the sword to the enemy.
That is why persons owing allegiance to a foreign government, or subjects of a foreign government or citizens of a foreign country; and persons who are entitled to rights and privileges of a subject of a foreign government or citizens of a foreign country are therefore prescribed ineligible to stand for election as Pyithu Hluttaw representative.
Moreover, there are also persons who obtain and make use or members of an organization that obtain and make use of money, land, housing, building, vehicle, property etc. directly or indirectly from a foreign country's government, or religious organization or other organizations shall have no right to stand for election as Pyithu Hluttaw representatives.

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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