Republic of the Union of Myanmar
Press Release (4/2013)
22 January, 2013
11th Waxing of Pyatho 1374 ME
Press release on the proceedings for enactment of
“the Bill to amend the Constitutional Tribunal of the Union Law”
1. The Bill to amend the Constitutional Tribunal of the Union Law was approved at the fifth regular session of the First Pyidaungsu Hluttaw and it was sent to the President on 18-11-2012 to seek his approval.
In accord with the provision of Section 106 (a) of the Constitution, the bill was sent back to the Pyidaungsu Hluttaw on 23-11-2012 with the comments of the President in which the Bill includes provisions which are contrary to the Constitution and the democratic practices that ensure the three branches of sovereign power namely legislative power, executive power and judicial power are separated, to the extent possible, and extent reciprocal control, check and balance among themselves. (News eported on dailies issued on 28-11-2012)
2. The bill was under discussions again at the sixth regular session of the First Pyidaungsu Hluttaw and it was approved and sent to the President in accord with the provision of Section 106 (b) of the Constitution to seek his approval. Although the amendments of the provisions of the Bill were similar to the provisions originally approved by the Pyidaungsu Hluttaw, the President signed and sent back it to the Hluttaw in accord with the law, paying attention to the desires of the majority as Hluttaw representatives were in favour of the amendments. In order to make the massage known to the public, the full text of the translation of the message signed and sent by the President is as follow:-
“Reference (1) Message with the letter number 1/Pa Hta (meeting) 9/2012-79 dated 18-11-2012 sent by the Speaker of the Pyidaungsu Hluttaw to the President.
(2) Message with the letter number 107(3)/8/President Office dated 23- 11-2012 sent by the President to the Speaker of the Pyidaungsu Hluttaw.
(3) Message with the letter number 1/Pa Hta (meeting) 9/2013-4 dated 15-1-2013 sent by the Speaker of the Pyidaungsu Hluttaw to the President.
1. I received the Bill sent back in accord with the Section 106 (b) of the constitution along with the message shown in reference (3) regarding the “Bill to amend the Constitutional Tribunal of the Union Law” with the comments of the President along with the message shown in reference (2).
2. Regarding the Bill, the comments was made that it is contrary to the provision that “existing law shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw” stated in Section 446 of Constitution and the provision that the three branches of sovereign power namely legislative power, executive power and judicial power are separated, to the extent possible, and extent reciprocal control, check and balance among themselves” stated in Section 11 (a) of the Constitution.
3. Deputy Attorney-General, a Pyithu Hluttaw representative, a Defence Services Personnel Pyithu Hluttaw Representative and a Defence Services Personnel Amyotha Hluttaw Representative discussed the Bill at the sixth regular session of the First Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw approved the Bill with original provisions of the Pyidaungsu Hluttaw as the majority was in favour of the Bill.
4. Whether it is in compliance with the Constitution or not is subject to the decision of the waiting-to-form Constitutional Tribunal of the Union. I signed the “bill amending the Constitutional Tribunal of the Union Law” approved by the majority of parliamentarians, giving respect to the wish of the majority and sent the bill back according to provision in Section 106 Sub-section (b) of the Constitution.
5. It is hereunder stated that regarding the effects of laws prescribed in chapter “Legislation” in the Constitution, provision in Section 198 Sub-section (a) should be paid special attention.
“198. The effects of legislations promulgated by different levels of Hluttaws and authorities of self-administered division/zones are as follows:
(a) If a particular provision in law enacted by Pyidaungsu Hluttaw, Region Hlutaw, State Hluttaw, leading body of self-administered division, or leading bodies of self-administered zones or a specific law is contrary to a certain provision in the Constitution, what is prescribed in the Constitution shall hold valid.”
6. Therefore, it is here asked to proceed with “the law amending the Constitutional Tribunal of the Union” signed by the President.
3. The original provisions in the bill formulated by the Pyidaungsu Hluttaw, the remarks of the President and the final draft of the Pyidaungsu Hluttaw are shown against each other below.