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Detailed basic principles for the legislation of the Pyithu Hluttaw and the Amyotha Hluttaw

The following are the detailed basic principles for legislation of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter
“Legislation” in drafting the State Constitution adopted at the Plenary Session of the National Convention.

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 Amyotha 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 session and the sessions that are extended due 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 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 byelaw 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 byelaw 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 toinitiate 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 bills 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 his desire 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 his desire 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 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 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 rules and regulations and procedures of the Pyithu Hluttaw and 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 freedom of speech in the Amyotha Hluttaw or the committees 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.

(3) 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.

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 an Amyotha Hluttaw member attending an 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.