CONSTITUTION OF MYANMAR

Article 49
The Pyithu Hluttaw may decide to declare war and to make peace only by a vote of 75 per cent of all its members. The Council of State shall convene an emergency session of the Pyithu Hluttaw should circumstances call for a decision while the Pyithu Hluttaw is not in session.

Article 50
The Pyithu Hluttaw may decide to hold a referendum where necessary.

Article 51
Regular sessions of the Pyithu Hluttaw shall be convened at least twice a year. The interval between two sessions shall not exceed eight months. The Council of State may summon a special or an emergency session of the Pyithu Hluttaw where necessary.

Article 52
The Council of State shall convene a session of the Pyithu Hluttaw as soon as possible if 34 per cent of all the members of the Pyithu Hluttaw so requisition.

Article 53
(a) A Panel of Chairmen shall be elected to preside at each regular session of the Pyithu Hluttaw.(b) The members of the Pyithu Hluttaw from each State or Division shall elect a chairman from among themselves to the Panel of Chairmen. The Pyithu Hluttaw shall give its approval to the election of the chairmen.
(c) Members of the Panel of Chairmen shall preside over the sessions of the Pyithu Hluttaw by rotation.
(d) A member of the Pyithu Hluttaw who is also a member of the Council of State or of any Central Organ of State Power shall not be a member of the Panel of Chairmen. Should a member of the Panel of Chairmen- be elected to the Council of State or to any Central Organ of State Power he shall resign from the Panel.
(e) The Panel of Chairmen shall continue to carry out its duties till a new Panel has been elected at the next regular session of the Pyithu Hluttaw.
(f) The Panel of Chairmen of the Pyithu Hluttaw shall convene a session of the Pyithu Hluttaw if the Council of State fails to comply within 30 days from the date of a requisition made under Article 52.

Article 54
The Pyithu Hluttaw shall-

(a) constitute various Affairs Committees of the Pyithu Hluttaw relating to economic, financial, social, public administrative, legislative, foreign, national races and other affairs, with members elected from among those of the Pyithu Hluttaw;
(b) in accordance with law constitute a National Defence and Security Committee consisting of a suitable number of members of the Council of State and of the Council of Ministers.

Article 55
The Pyithu Hluttaw shall enact a law to enable the Council of People's Inspectors to conduct inspections through committees to be formed by it, to determine whether or not the activities and the work of the following bodies are beneficial to the interests of the people:-

(a) Local Organs of State Power;
(b) Ministries;
(c) Bodies of Public Services; and
(d) such other organizations as may be prescribed by law.

Article 56
The Pyithu Hluttaw may form Commissions and Committees as and when necessary and invest them with duties and powers.

Article 57
The Pyithu Hluttaw shall make laws, rules and procedures for itself and for its Affairs Committees.

Article 58
The Council of State and the Central Organs of State Power shall be responsible to the Pyithu Hluttaw.

Article 59
(a) If need should arise to arrest any member of the Pyithu Hluttaw while it is in session, reliable evidence in support of such need shall be produced before the Panel of Chairmen. No such arrest shall be made without the prior approval of the Panel of Chairmen.
(b) If need should arise to arrest any member of the Pyithu Hluttaw belonging to any organ of the Pyithu Hluttaw, while such organ is in session, reliable evidence in support of such need shall be produced before the Council of State. No such arrest shall be made without the prior approval of the Council of State.
(c) If any member of the Pyithu Hluttaw is arrested while the Pyithu Hluttaw or any organ of the Assembly to which he belongs is not in session the arrest and reliable evidence in support thereof shall be submitted to the Council of State as soon as possible.

Article 60
All deliberations and actions in sessions of the Pyithu Hluttaw or of the Organs of the Pyithu Hluttaw are absolutely privileged. No member shall be liable or punishable therefor, except under the laws, rules and regulations of the Pyithu Hluttaw.

Article 61
When the Pyithu Hluttaw is not in session, the Central Organs of State Power shall reply to written questions submitted by any member of the Pyithu Hluttaw within three weeks from the date of receipt of the question.

Article 62
The Pyithu Hluttaw may be dissolved if 75 per cent of all its members so resolve.

Article 63
The Pyithu Hluttaw may dissolve any People's Council or People's Councils for any of the following reasons:-

(a) violation of any provision of this Constitution,
(b) actions undermining national unity,
(c) endangering the stability of the State,
(d) contravention of any resolution adopted by the Pyithu Hluttaw,
(e) inefficient discharge of duties.

CHAPTER V
COUNCIL OF STATE

Article 64
The Pyithu Hluttaw shall form the Council of State with the following persons elected from among its members:-

(a) one member each elected by the States and Divisions, from among members of the Pyithu Hluttaw of the State or Division concerned,
(b) members elected by the members of the Pyithu Hluttaw from among themselves, equal in number to the number of representatives elected under Clause (a) of this Article, and
(c) the Prime Minister.

Article 65
Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall elect from among themselves the Chairman and the Secretary of the Council of State and shall obtain the approval of the Pyithu Hluttaw for such election.

Article 66
The Chairman of the Council of State shall be the President of the Republic.

Article 67
The term of office of the President is the same as that of the Council of State.

Article 68
The President of the Republic represents the State.

Article 69
If the Chairman of the Council of State is temporarily incapable of performing his duties, the Secretary of the Council of State shall perform the duties of the chairman, in addition to his own.

Article 70
The Council of State shall be responsible for giving effect to the provisions of this Constitution.

Article 71
The Council of State is responsible to the Pyithu Hluttaw. It shall report on its activities to the nearest session of the Pyithu Hluttaw.

Article 72
The term of office of the Council of State is the same as that of the Pyithu Hluttaw. The Council of State shall, on the expiry of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of State has been duly elected and constituted.

Article 73
The Council of State shall-

(a) convene sessions of the Pyithu Hluttaw in consultation with the Panel of Chairmen of the Pyithu Hluttaw;
(b) interpret the laws other than this Constitution for the purpose of uniformity;
(c) promulgate laws enacted and rules made by the Pyithu Hluttaw;
(d) submit lists of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect the Council of Ministers, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors. [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists.];
(e) submit a list of candidates from among the members of the Pyithu Hluttaw to enable the Pyithu Hluttaw to elect Affairs Committees of the Pyithu Hluttaw [Members of the Council of State elected under Clauses (a) and (b) of Article 64 shall collectively submit such lists];
(f) make decisions concerning the establishment of diplomatic relations with foreign countries, severance of such relations and appointment and recall of diplomatic representatives;
(g) make decisions concerning the acceptance of credentials of envoys of foreign States or their recall;
(h) make decisions concerning the entering into, ratification or annulment of international treaties, or the withdrawal from such treaties with the approval of the Pyithu Hluttaw;
(i) make decisions concerning international agreements;
(j) appoint or remove Deputy Ministers;
(k) decide on the temporary suspension from duty or attendance of any session of any member of the Pyithu
Hluttaw against whom action for high treason may be called for, provided the approval therefor shall be obtained from the nearest session of the Pyithu Hluttaw;
(l) appoint or dismiss heads of Bodies of Public Services;
(m) abrogate the decisions and orders of the Central and Local Organs of State Power if they are not consistent with the law;
(n) institute, confer or revoke titles, honors and awards;
(o) grant pardons or amnesty;
(p) perform other duties and exercise powers invested under this Constitution and other laws.

Article 74
The Council of State may make, if necessary, ordinances having the force of law, on matters other than those prescribed in Article 47, during the interval between sessions of the Pyithu Hluttaw. Such orders shall be submitted for approval to the nearest session of the Pyithu Hluttaw held within go days. If no session of the Pyithu Hluttaw is due within 90 days after the promulgation of such orders, an emergency session of the Pyithu Hluttaw shall be convened and approval obtained. Such orders shall cease to have effect from the date on which they are disapproved by the Pyithu Hluttaw.

Article 75
The Council of State may take suitable military action in the face of aggression against the State and action so taken shall be submitted to an emergency session of the Pyithu Hluttaw. If the situation is such that it is absolutely impossible to convene an emergency session of the Pyithu Hluttaw, the Council of State may continue all necessary military action. Such action shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 76
The Council of State may declare a state of emergency and promulgate martial law in specified areas or in the entire State, if an emergency affecting the defense and security of the State should arise. It may order mobilization in certain areas or in the entire State. Such measures shall be submitted for approval to the nearest session of the Pyithu Hluttaw.

Article 77
The Council of State may propose to the Pyithu Hluttaw the extension of the term of the Pyithu Hluttaw or of the People's Councils at different levels by six months at a time up to three times, if wars or natural disasters or conditions prejudicial to security render elections impossible though the regular term of the Pyithu Hluttaw or of the People's Councils has expired.

Article 78
If an emergency arises in the entire State, the Council of State shall declare a state of emergency and convene an emergency session of the Pyithu Hluttaw. If a sufficient number of Pyithu Hluttaw members necessary to form a quorum fails to attend, the Council of State may take the following measures:-

(a) the Council of State, the Central Organs of State Power, members of the Pyithu Hluttaw belonging to the Organs of the Pyithu Hluttaw and those members who are able to attend the session shall collectively perform the duties and functions of the Pyithu Hluttaw, and
(b) a session of the Pyithu Hluttaw shall be convened as soon as the situation permits and approval obtained on the measures taken on behalf of the Pyithu Hluttaw.

Article 79
The Council of State shall direct, supervise and co-ordinate the work of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 80
The Chairman of the Council of State shall sign the laws, rules and resolutions passed by the Pyithu Hluttaw as well as the orders promulgated by the Council of State. These shall be promulgated in the official Gazette.

Article 81
Bodies of Public Services may be constituted only by decision of the Council of State.

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