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Detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw in drafting the State Constitution

The following is the clarification made at the Plenary Session of the National Convention held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday by the Chairman of the National Convention Convening Work Committee for adoption of detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the chapter “Legislation” for drafting the State Constitution.

Member of National Convention Convening Work Committee Brig-Gen Mya Win

At the National Convention plenary session held on 15 December 2005, the Work Committee Chairman clarified the points that should be adopted as detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the State Constitution. In this regard, NC delegates have submitted their proposals and held discussions on the clarification. Such delegate groups of the National Convention as delegate group of national races, delegate group of peasants, delegate group of workers, delegate group of State service personnel, delegate group of other invited persons, and such parties of the delegate group of political parties as Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party, and Wa National Development Party and delegate group of representatives-elect presented the principles for the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw. They are:

“1. (a) The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences.

(b) (1) The term of the Amyotha Hluttaw commences on the date on which the term of the Pyithu Hluttaw commences.

(2) The first regular session of the Amyotha Hluttaw shall be convened within seven days after the commencement of the term of the Hluttaw.

2. (a) (1) The State Peace and Development Council shall convene the first regular session of the Pyithu Hluttaw after the Constitution comes into force.

(2) The Speaker of the Pyithu Hluttaw who continues to perform his duties in accord with provisions of this Constitution shall convene first regular sessions for the next terms of the Pyithu Hluttaw.

(b) (1) The State Peace and Development Council shall convene the first regular session of the Amyotha Hluttaw after the Constitution comes into force.

(2) The Speaker of the Amyotha Hluttaw who continues to perform his duties in accord with provisions of this Constitution shall convene first regular sessions for the next terms of the Amyotha Hluttaw.

3. (a) (1) Members of the Pyithu Hluttaw shall take oaths before the Chairman of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw

(2) The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they first attend.

(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw.

(2) The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they first attend.

4. (a) The Speaker of the Pyithu Hluttaw shall convene regular session of the Pyithu Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

(b) The Speaker of the Amyotha Hluttaw shall convene regular session of the Amyotha Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5. (a) The following matters are carried out at the sessions of the Pyithu Hluttaw:

(1) Recording the address delivered by the President;

(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker;

(3) Submitting, discussing and making decision on a bill;

(4) Discussing and deciding the matters the Pyithu Hluttaw shall implement in accord with the provisions of the Constitution;

(5) Discussing, deciding and recording the reports presented to the Pyithu Hluttaw;

(6) Submitting proposals, holding discussions and making decisions;

(7) Raising questions and making replies;

(8) Implementing the matters permitted by the Speaker of the Pyithu Hluttaw.

(b) The following matters are carried out at the sessions of the Amyotha Hluttaw.

(1) Recording the address delivered by the President;

(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker;

(3) Submitting, discussing and making decision on a bill;

(4) Discussing and deciding the matters the Amyotha Hluttaw shall implement in accord with the provisions of the Constitution;

(5) Discussing, deciding and recording the reports presented to the Amyotha Hluttaw;

(6) Submitting proposals, holding discussions and making decisions;

(7) Raising questions and making replies;

(8) Implementing the matters permitted by the Speaker of the Amyotha Hluttaw.

6. (a) (1) A session of the Pyithu Hluttaw is valid if more than half the number of members who have the right to attend the Pyithu Hluttaw session are present on the first day of the session. If a session is not valid it shall be adjourned.

(2) The sessions that are held under subparagraph (1) due to invalidity of the sessions and the sessions that are extended dute to validity of the sessions are valid if at least one-third of the Pyithu Hluttaw members are present.

(b) (1) A session of the Amyotha Hluttaw is valid if more than half the number of members who have the right to attend the Amyotha Hluttaw session are present on the first day of the session. If the session is not valid it shall be adjourned.

(2) The sessions that are held under subparagraph (1) due to invalidity of the sessions and the sessions that are extended due to validity of the sessions are valid if at least one-third of the Amyotha Hluttaw members are present.

7. (a) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting at the Pyithu Hluttaw shall be determined by a majority of votes of the members present and voting.

(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the first instance in the sessions of the Pyithu Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

(b) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting at the Amyotha Hluttaw shall be determined by a majority of votes of the members present and voting.

(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote in the first instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

8. (a) (1) The Pyithu Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without permission of the Pyithu Hluttaw, from a session for 15 days consecutively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.

(2) The Pyithu Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that that member is absent from a Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.

(b) (1) The Amyotha Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without permission of the Amyotha Hluttaw, from a session for 15 days consecutively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.

(2) The Amyotha Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that member is absent from a Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.

9. (a) Even if there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its functions and duties. Moreover, the session shall not be annulled, even if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.

(b) Even if there are vacant seats, the Amyotha Hluttaw shall have the right to carry out its functions and duties. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.

10. (a) The functions and records of the Pyithu Hluttaw shall be published for public information. However, the functions and records restricted by a law or decisions of the Pyithu Hluttaw shall not be published.

(b) The functions and records of Amyotha Hluttaw shall be published for public information. However, the functions and records restricted by a law or decisions of the Amyotha Hluttaw shall not be published.

11. (a) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively as bills in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Pyithu Hluttaw according to the prescribed provisions.

(b) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively as bills in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Amyotha Hluttaw according to the prescribed provisions.

12. (a) (1) After issuing a rule, regulation or a byelaw in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the rule, regulation or bye-law to the Pyithu Hluttaw members at the nearest regular session of the Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu Hluttaw.

(2) If it is found that a rule, regulation or bye-law is not in conformity with the provisions of the law concerned, Hluttaw members may submit a proposal to annul or amend the rule, regulation or bye-law to the Pyithu Hluttaw within 90 days from the date that rule, regulation or bye-law is circulated.

(3) If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend a rule, regulation or bye-law, it shall be presented to the Pyidaungsu Hluttaw.

(b) (1) After issuing a rule, regulation or byelaw in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the rule, regulation or bye-law to the Amyotha Hluttaw members at the nearest regular session of the Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha Hluttaw.

(2) If it is found that a rule, regulation or bye-law is not in conformity with the provisions of the law concerned, Hluttaw members may submit a proposal to annul or amend the rule, regulation or bye-law to the Amyotha Hluttaw within 90 days from the date that rule, regulation or bye-law is circulated.

(3) If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in making a decision to annul or amend a rule, regulation or bye-law, it shall be presented to the Pyidaungsu Hluttaw.

13. (a) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Pyithu Hluttaw in accord with prescribed rules, they shall be presumed that the bills are initiated in the Pyithu Hluttaw and shall be discussed and passed resolution in the Pyithu Hluttaw.

(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the right to initiate the bills related to the remaining matters in the Pyithu Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line with the prescribed rules.

(3) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.

(b) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Amyotha Hluttaw in accord with prescribed rules, they shall be presumed that the bills are initiated in the Amyotha Hluttaw and shall be discussed and passed resolution in the Amyotha Hluttaw.

(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the right to initiate the bills related to the remaining matters in the Amyotha Hluttaw. Such shall be under discussion at the Amyotha Hluttaw in line with the prescribed rules.

(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.

14. (a) (1) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.

(2) When the Amyotha Hluttaw returns the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.

(3) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.

(b) (1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.

(2) When the Pyithu Hluttaw returns the bill sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.

(3) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Amyotha Hluttaw to the Pyithu Hluttaw.

15. (a) Members of a Union level body formed under the Constitution shall have the right—

(1) to explain and discuss the bills or other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw.

(2) to explain and discuss the bills or other matters of their bodies while attending sessions of the committees, commissions and bodies of the Pyithu Hluttaw with the permission of the head of the committee, commission and body concerned.

(b) Members of a Union level body formed under the Constitution shall have the right—

(1) to explain and discuss the bills or other matters of their bodies while attending a session of the Amyotha Hluttaw with the permission of the Speaker of the Amyotha Hluttaw.

(2) to explain and discuss the bills or other matters of their bodies while attending sessions of the committees, commissions and bodies of the Amyotha Hluttaw with the permission of the head of the committee, commission and body concerned.

16. (a) The Speaker of the Pyithu Hluttaw—

(1) shall supervise sessions of the Pyithu Hluttaw;

(2) shall invite the President of the Union if he informs he desires to deliver a speech at a session of the Pyithu Hluttaw;

(3) has the right to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw;

(4) shall discharge other duties and functions prescribed under the Constitution or a law.

(b) The Speaker of the Amyotha Hluttaw —

(1) shall supervise sessions of the Amyotha Hluttaw;

(2) shall invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw;

(3) has the right to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw;

(4) shall discharge other duties & functions prescribed under Constitution or a law.

17. (a) (1) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of the Pyithu Hluttaw.

(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees ofthe Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of the Pyithu Hluttaw.

(3) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the existing laws if they make physical assault in enjoying the privileges.

(b) (1) Members of the Amyotha Hluttaw shall have the freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of the Amyotha Hluttaw.

(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees ofthe Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of the Amyotha Hluttaw.

(3) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the existing laws if they make physical assault in enjoying the privileges.

18. (a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Speaker of the Pyithu Hluttaw, the reliable evidence shall be submitted to the Speaker of the Pyithu Hluttaw. He shall not be arrested without prior approval of the Speaker of the Pyithu Hluttaw.

(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or body, the reliable evidence shall be submitted to the Speaker of the Pyithu Hluttaw through the head of the committee or commission or body concerned. He shall not be arrested without prior approval of the Speaker of the Pyithu Hluttaw.

(3) If there arises a need to arrest a member of the Pyithu Hluttaw when the Pyithu Hluttaw or the Pyithu Hluttaw committee or the commission or the body formed by the Pyithu Hluttaw is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Speaker of the Pyithu Hluttaw.

(b) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Speaker of the Amyotha Hluttaw, the reliable evidence shall be submitted to the Speaker of the Amyotha Hluttaw. He shall not be arrested without prior approval of the Speaker of the Amyotha Hluttaw.

(2) If there arises a need to arrest a member of a committee or commission or body formed by the Amyotha Hluttaw attending a session of the committee or commission or body, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or body concerned.

He shall not be arrested without prior approval of the Speaker of the Amyotha Hluttaw.

(3) If there arises a need to arrest a member of the Amyotha Hluttaw when the Amyotha Hluttaw or the Amyotha Hluttaw committee or the commission or the body formed by the Amyotha Hluttaw is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Speaker of the Amyotha Hluttaw.

19. (a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.

(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.”

Member of National Convention Convening Work Committee Dr Tun Shin

Now, separate suggestions made by the delegate groups will be presented.

The National Unity Party from the delegate group of political parties in its suggestion said, “If a period of 15 days a member of the Pyithu Hluttaw or the Amyotha Hluttaw is, without permission of the Hluttaw concerned, absent from all sessions, the Hluttaw concerned may, in accord with the procedures, declare his seat vacant.

“Members of the Pyithu Hluttaw and the Amyotha Hluttaw live in various regions across the nation. With respect to the computing of the said period, sometime a member may find it difficult to report within 15 days due to various reasons. Thus, the period of absence without permission of respective Hluttaws should be extended from 15 to 30 days”.

Indeed, that has been already explained since the clarification to legislative functions of the Pyidaungsu Hluttaw was made. Here, the period of 15 days means absence for consecutive 15 days without permission, not a designation of a period for asking in advance for leave. The date for the commencement of a Hluttaw session is announced in advance. So, a Hluttaw member has enough time to ask in advance for leave.

It said, “In declaring vacancies in the membership due to such absence without permission, steps are to be taken in accord with the procedures. So, it should assess the causes of why permissions cannot be sought within the permitted period.

“In this regard, as soon as a vacancy in membership is declared, there may be temporary disconnection and no representation between the Hluttaw member and those who are represented by that Hluttaw member. In addition, it will need to fill the vacancy, and if so, that will cost much time and money. Furthermore, the people of the constituency will have to be under a responsibility to elect a Hluttaw member who will represent them. Such acts can have impacts to an extent on the State and the electorate as well as on the Hluttaw members concerned.

“If a Hluttaw member is absent more than permitted period, due investigation should be made into the case to find out whether the Hluttaw member is absent inadvertently, or it is due to natural disasters or other incidental cases. The seat of the Hluttaw member should be declared vacant only when it has been found out that he is absent inadvertently”.

To respond to the suggestion, under the new State Constitution, the Hluttaws will have to work in accord with the laws and bye-laws relating to them. Necessary procedures will be prescribed sufficiently in the laws and byelaws to take action against such Hluttaw members.

The party said, “Hluttaw members and persons who are attending a session at invitation have freedom of speech, and action shall be taken against such persons in accord with the existing law if they commit physical attacks on others. We submit these points as discussed in the Pyidaungsu Hluttaw to take them into consideration”.

In its suggestion about the legislative functions of the Pyidaungsu Hluttaw, the party said, “If Hluttaw members commit physical assaults, they shall be liable to punishment according to the existing laws of the Pyidaungsu Hluttaw” should be added to the paragraph concerned. Now, it also suggested the phrase “rules and regulations and procedures of the Pyithu Hluttaw and the Amyotha Hluttaw” should be added to the paragraph concerned. This suggestion is in conformity with the already-laid down principle with better meaning. In that regard, the Work Committee held discussions with members of the Panel of Chairmen.

The members of the Panel of Chairmen coordinated with fellow members of the delegate groups concerned, and submitted the case to the Work Committee. Regarding the rights to participate in discussions at Hluttaw sessions, many delegate groups suggested that sub-paragraph (3) of paragraph (17) (A) should be “Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the rules and regulations and procedures of the Pyithu Hluttaw and the existing laws if they make physical assault in enjoying the privileges”, and sub-paragraph (3) of paragraph (17) (B) should be “Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the rules and regulations and procedures of the Amyotha Hluttaw and the existing laws if they make physical assault in enjoying the privileges.

The delegate group of national races said, “A Hluttaw member has the right to cast a vote for or against or an abstention, and that right is also practiced at the assemblies of nations and at the UN assemblies.

“We have suggested the point ‘Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present’ should be adopted as a detailed basic principle”.

In addition, it also suggested that “A Hluttaw member has the right to stay neutral if he does not wish to cast a vote” should be added to No 8 (A) of the Pyidaungsu Hluttaw, paragraph 7 (A) (1) and 7 (B) (1) of the Pyithu Hluttaw and the Amyotha Hluttaw and No 8 (A) of the Region or State Hluttaw.

In response to the suggestion, paragraph (7) (A) (1) and 7 (B) (1) of the Pyithu Hluttaw and the Amyotha Hluttaw the Work Committee Chairman explained mean the regulation to be abided by, regarding matters on decisions to be made at Hluttaws. “The right to stay neutral if he does not wish to cast a vote” is, indeed, the right that has been already bestowed on a Hluttaw member each. Therefore, it is no need to state the matter in the detailed basic principle.

The delegate group of intellectuals and intelligentsia said that the term “casting vote” stipulated in sub paragraph (2) of paragraph 7 (A), and sub-paragraph (2) of paragraph 7 (B) should be replaced with the term “decisive vote” and the phrase “a person who is not entitled”, with the phrase “a person or persons who are not entitled”.

I would like to first reply to the suggestion sub paragraph (2) of paragraph 7 (A) of the legislative functions of the Pyithu Hluttaw, and sub paragraph (2) of paragraph 7 (B) of legislative functions of the Amyotha Hluttaw.

What the Work Committee Chairman explained means that in the matters of an equality of votes at a session, when the person who discharges duties as the Speaker of the Pyithu Hluttaw or the Amyotha Hluttaw casts vote, one side wins over the other side. So, the vote of the Speaker is called “casting vote”. The term “casting vote” is also used in the 1947 constitution. That has been explained since legislative functions of the Pyidaungsu Hluttaw were clarified. I would say mentioning the vote as “casting vote” makes the expression more meaningful and clear.

In response to the suggestion of the delegate group of intellectuals and intelligentsia concerning sub paragraphs (A) and (B) of paragraph (9), the phrase “a person who is not entitled” is mentioned in the explanation of the Work Committee Chairman, as used in drawing constitutions. In sub-paragraph (B) of paragraph (6) of the Interpretation of Expressions Law, 1973, it is said that a singular noun also means a plural form. According to the Interpretations of Expressions Law 1973, it shall be presumed that the expression having singular meaning is also relevant to the expression having plural meaning, the expression having plural meaning is also relevant to the expression having the singular meaning. Hence, some person means one person or more than one person.

Secretary of National Convention Convening Work Committee U Thaung Nyunt

Mr Chairman,

The representatives of political parties of the delegate group of representatives-elect presented their stances.

Independent representatives-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of Ywangan Township constituency in Shan State and U Tun Kyaw of Namhsan Township constituency in Shan State (North) from the group said, “The nation’s present condition in peace and stability is different many times from that of the 1947. Peace and stability has been restored throughout the nation, and the people can travel from one place to another at any times. And at such a time when the nation has enjoyed all-round development including progress in the communication sector, the time limit of 90 days for important steps of elections such as counting, scrutinizing, approving and declaring the votes is long unnecessarily. They expressed their view that there will be no problems although the time limit is fixed 45 days. So, the principle “The first regular session that bring the Pyithu Hluttaw into force shall be convened within 90 days from the commencing day of general elections” should be “The first regular session that gives birth to the Pyithu Hluttaw into force shall be convened within 45 days from the commencing day of general elections”.

To respond to this suggestion, in the explanation of the Work Committee Chairman, it is stated that the first regular session of the Pyithu Hluttaw shall be convened within 90 days from the commencing day of the elections. In the 1947 Constitution, it was mentioned “within 60 days from the polling day”. In this regard, there might be disputes if it is designated “from the polling day”. So, it is designated “from the commencing day of elections”. Today’s population of Myanmar is more than three times that at the time of formulating that Constitution. And the number of constituencies is more than at that time. So, it will take more time to count, scrutinize, confirm and declare votes systematically as well as to make preparations to launch Hluttaw sessions. So, 90 days is a reasonable and sufficient period of time.

Independent representatives-elect of that delegate group—U Tin Win of Kyaiklat Township constituency- 2, U Thein Kyi of Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2—said that one of the detailed basic principles of the Hluttaws is “The session of a Hluttaw shall not be annulled, even if the acts of a person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later”.

“The purpose is to be able to avert possible effects on the decisions and activities carried out by the Hluttaw concerned due to the acts of such a person.

“Making a decision through voting and approving a matter in Hluttaws is of great importance. That is part of democracy system. So, it doesn’t matter if the vote of a person who is not entitled, does not have any effect on the decision or approval. But, it does matter if a matter has to be approved or annulled due to his vote. It’s food for thought. In other words, his vote may be the decisive vote. For instance, the Hluttaw Speaker has to cast a vote in the matter of an equality of votes due to his vote. And, originally the number Hluttaw members present does not meet half or two-thirds of a sufficient number, but it is so due to his attendance”.

It is a good suggestion. When Hluttaws come into being under the future State Constitution, it is very important to make sure that those who are not entitled to attend Hluttaw sessions cannot do so and vote. The organizations concerned will take great care to be able to avert such undesirable incidents. So, this suggestion will be recorded.

Therefore, the points: