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CONSTITUTION OF MYANMAR

CHAPTER VI
COUNCIL OF MINISTERS

Article 82
The Council of Ministers shall be formed as follows:-

(a) The Pyithu Hluttaw elects members of the Council of Ministers from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.
(b) The Council of Ministers elects a Prime Minister from among its members.
(c) The Council of Ministers elects Deputy Prime Ministers from among the Ministers nominated by the Prime Minister.

Article 83
The Council of Ministers is the highest executive organ of the State.

Article 84
The Council of Ministers is responsible to the Pyithu Hluttaw when the Pyithu Hluttaw is in session and to the Council of State when the Pyithu Hluttaw is not in session.

Article 85
The Council of Ministers-

(a) shall submit to the Council of State a list of those members of the Pyithu Hluttaw who should be appointed as Deputy Ministers;
(b) may propose to the Council of State the termination of the service of a Deputy Minister, when necessary.

Article 86
(a) The term of office of the Council of Ministers is the same as that of the Pyithu Hluttaw. On the expiry of the term of the Pyithu Hluttaw, the Council of Ministers shall continue to perform its duties until a new Council of Ministers has been elected.
(b) The term of office of Deputy Ministers is the same as that of the Council of Ministers.

Article 87
The Council of Ministers-

(a) is responsible for the management of executive, economic, financial, social, cultural and foreign affairs and national defense on behalf of the Pyithiu Hluttaw in accordance with the principle of collective leadership;
(b) implements the socialist economic system through the economic plan of all the national races;
(c) implements the resolution of the Pyithu Hluttaw and the orders of the Council of State;
(d) directs and co-ordinates the Ministries, organs of public administration and the executive Committees of the People's Council at different levels;
(e) maintains the rule of law and upholds law and order;
(f) perform such other duties as may be laid down by the Pyithu Hluttaw or the Council of State.

Article 88
The Council of Ministers shall draw up, after making necessary adjustments, and submit the following to the Pyithu Hluttaw through the Council of State:-

(a) long-term, short-term and annual economic plans;
(b) annual budgets;
(c) annual reports on the situation of the State;
(d) reports that may be required from time to time.

Article 89
The Council of Ministers shall be solely responsible for the submission of the following bills to the Pyithu Hluttaw through the Council of State for enactment into law:-

(a) bills on economic plans;
(b) bills on budgets;
(c) bills on taxation.

Article 90
Each Minister is responsible for the successful performance of the duties of those organs of public administration with which he is charged at their different levels.

Article 91
A Minister is responsible to the Council of Ministers. A Deputy Minister is responsible to the Minister concerned.

Article 92
The Council of Ministers may, with the approval of the Council of State, constitute such Bodies of Public Administrative Services at different levels as may be necessary and may appoint the required personnel to such Services, according to law.

Article 93
The Council of Ministers shall prescribe the duties and powers of organs of public administration at all levels.

Article 94
Organs of public administration at different levels shall be responsible to those of the next higher level as well as to the People's Councils concerned and be subject to their supervision and inspection.

CHAPTER VII
COUNCIL OF PEOPLE'S JUSTICES

Article 95
(a) The Pyithu Hluttaw elects members of the Council of People's Justices from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.
(b) Members of the Council of People's Justices shall elect a Chairman from among themselves.

Article 96
(a) The following Judicial Organs shall be constituted in the State-

(1) the Council of People's Justices;
(2) State Judges' Committee, Divisional Judges' Committee;
(3) Township Judges' Committee;
(4) Ward Judges' Committee, Village-tract Judges' Committee;
(b) The Pyithu Hluttaw shall prescribe, by law, the duties and powers of the Judicial Organs.

Article 97
The term of office of the Council of People's Justices shall be the same as that of the Pyithu Hluttaw. The Council of People's Justices shall, on expiry of the term of the Pyithu Hluttaw, continue to perform its duties and functions till a new Council of People's Justices has been elected.

Article 98
Justice shall be administered collectively by each judicial organ.

Article 99
Military justice for members of the People's Defence Services may be administered according to law by a collective organ or by a single Judge.

Article 100
Administrative tribunals may be formed according to Law.

Article 101
Administration of justice shall be based on the following principles-

(a) to protect and safeguard the Socialist system;
(b) to protect and safeguard the interests of the working people;
(c) to administer justice independently according to law;
(d) to educate the public to understand and abide by the law;
(e) to work within the framework of law as far as possible for the settlement of cases between members of the public;
(f) to dispense justice in open court unless otherwise prohibited by law;
(g) to guarantee in all cases the right of defense and the right of appeal under law;
(h) to aim at reforming moral character in meting out punishment to offenders.

Article 102
The Burmese language shall be used in the administration of justice. Languages of the national races concerned may also be used, when necessary, and arrangements shall then be made to make interpreters available.

Article 103
The Council of People's Justices-

(a) is the highest judicial organ of the State and;
(b) shall form the necessary judicial Courts only with its members and administer justice.

Article 104
The Council of People's Justices shall be responsible to the Pyithu Hluttaw and shall report to the Pyithu Hluttaw on the state of the administration of justice. When the Pyithu Hluttaw is not in session, the Council of People's Justices shall be responsible to the Council of State.

Article 105
The Council of People's Justices shall supervise all judicial organs and courts within the State.

Article 106
(a) The State People's Councils, the Divisional People's Councils, the Township People's Councils, the Ward People's Councils and the Village-tract People's Councils shall respectively form the State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees with persons elected from among the members of the respective People's Councils.
(b) Members of the Judges' Committees elected by the People's Councils at different levels under Clause (a) above shall each elect a Chairman from among their members.

Article 107
(a) The Judges' Committees of the People's Councils at different levels shall form with it members, such Courts as may be necessary.
(b) If the number of members of the Judges' Committees is not sufficient to form Courts under Clause (a) above Courts may be formed with members of the Peoples' Councils concerned under the leadership of a member of the Judges' Committee at the respective level. Other suitable citizens may be included in such Courts only if the number of members of the respective People's Council is not sufficient to form such Courts.

Article 108
The term of office of State Judges' Committees, Divisional Judges' Committees, Township Judges' Committees, Ward Judges' Committees and Village-tract Judges' Committees shall be the same as that of the People's Councils concerned at different levels. On expiry of the term of the People's Councils at different levels, the respective Judges' Committee shall continue to perform its duties and functions until a new Judges' Committee has been elected.

Article 109
The Council of People's Justices may, with the approval of the Council of State, form bodies of judicial services at different levels as may be necessary and appoint the required personnel to such services according to law.

Article 110
The State Judges' Committees, the Divisional Judges' Committees, the Township Judges' Committees, the Ward Judges' Committees and the Village-tract Judges' Committees shall supervise the judicial organs and Courts formed by them and such Judges' Committees shall be responsible to the People's Councils concerned.

CHAPTER VIII
COUNCIL OF PEOPLE'S ATTORNEYS

Article 111
(a) The Pyithu Hluttaw elects members of the Council of People's Attorneys from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.
(b) Members of the Council of People's Attorneys shall elect a Chairman from among themselves.

Article 112
The Council of People's Attorneys shall-

(a) protect and safeguard the Socialist system;
(b) protect and safeguard the rights and privileges of the working people;
(c) tender legal advice to the Council of State and to the Council of Ministers;
(d) report to the Council of State any acts of the Central and Local Organs of State Power and of the Bodies of Public Services which infringe the law;
(e) undertake any other duties prescribed by law.

Article 113
The term of office of the Council of People's Attorneys is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Attorneys shall continue to perform its duties and functions till a new Council of People's Attorneys has been elected.

Article 114
The Council of People's Attorneys shall be responsible to the Pyithu Hluttaw. It shall report to the Pyithu Hluttaw on the progress of its work. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 115
The Council of People's Attorneys may, with the approval of the Council of State, form as necessary, bodies of law services at different levels and shall also appoint the required law officers in accordance with law.

Article 116
The Council of People's Attorneys shall direct and supervise the Central law officers, State and Divisional law officers and Township law officers.

Article 117
The Pyithu Hluttaw shall by law prescribe the duties and powers of the Council of People's Attorneys, the Central, State and Divisional law officers and Township law officers.

CHAPTER IX
COUNCIL OF PEOPLE'S INSPECTORS

Article 118
(a) The Pyithu Hluttaw elects members of the Council of People's Inspectors from among those members of the Pyithu Hluttaw whose names are on the list submitted collectively by members of the Council of State elected under Clauses (a) and (b) of Article 64.
(b) Members of the Council of People's Inspectors shall elect a Chairman from among themselves.

Article 119
The Council of People's Inspectors is the highest organ of inspection of public undertakings.

Article 120
The Council of People's Inspectors shall be responsible to the Pyithu Hluttaw. It shall submit reports to the Pyithu Hluttaw on the progress of inspection of public undertakings. It shall be responsible to the Council of State when the Pyithu Hluttaw is not in session.

Article 121
(a) The Council of People's Inspectors shall conduct inspections to determine whether the activities of the Local Organs of State Power, Ministries, Bodies of Public Services and such other organizations as may be prescribed by law prove beneficial to the interests of the public.
(b) The Council of People's Inspectors shall report on its findings and measures taken by it, to the Pyithu Hluttaw through the Council of State.

Article 122
The term of office of the Council of People's Inspectors is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the Council of People's Inspectors shall continue to perform its duties and functions till a new Council of People s Inspectors has been elected.

Article 123
(a) The State, Divisional and Township People's Councils shall form State, Divisional and Township Inspectorates with members of State, Divisional and Township People's Councils concerned.
(b) Members of each Local Inspectorate shall elect a Chairman from among themselves.
(c) The Pyithu Hluttaw shall by law prescribe the duties and powers of Local Inspectorates.

Article 124
Each Local Inspectorate shall be responsible to the People's Council concerned.

Article 125
The Local Inspectorates shall perform the following duties-

(a) reporting to the People's Council concerned on the activities carried out during the interval between the meetings of the People's Council;
(b) implementing tasks and submitting reports under the guidance of the People's Council concerned and of the organs at higher level.

Article 126
The term of office of the Local Inspectorates is the same as that of the People's Councils at different levels. On expiry of the People's Council, the Local Inspectorate shall continue to perform, its duties and functions until a new Local Inspectorate has been elected.

Article 127
The Council of People's Inspectors may, with the approval of the Council of State, form as necessary, Bodies of Accounts Services at different levels and shall also appoint the required accounts officers in accordance with law.

Article 128
The Central Accounts Office shall be responsible to the Council of People's Inspectors and accounts offices at different levels shall be responsible to the Inspectorates concerned and to the accounts offices at the higher level and shall submit to their supervision and inspection.

CHAPTER X
PEOPLE'S COUNCILS

Article 129
The People's Councils at different levels shall be formed in accordance with this Constitution and electoral laws with people's representatives elected directly by secret ballot by citizens having the right to vote in the area concerned.

Article 130
The number of people's representatives constituting the People's Councils at different levels as well as the Organs of the People's Council shall be prescribed by law.

Article 131
The term of office of the People's Councils at different levels shall be the same as the regular term of office of the Pyithu Hluttaw.

Article 132
The People's Councils at different levels are Local Organs of State Power and they shall implement the following tasks within the framework of law:-

(a) economic and social affairs and public administration;
(b) administration of justice;
(c) local security, defense, maintenance of rule of law and order;
(d) solidarity of the national races and preservation, protection and promotion of their traditional cultures;
(e) Protection of the rights of the people in the area concerned and organizing and urging them to perform their duties efficiently;
(f) formulation of economic plans and their implementation;
(g) preparation of annual budgets and their co-ordination;
(h) construction, settlement and rural and urban development works;
(i) communications;
(j) directing, supervising and co-ordinating Local Organs of State Power and Bodies of Public Services relating to them;
(k) providing leadership to the people and keeping in close contact with them to obtain their active participation in works of public interest;
(l) preservation, protection and development of natural environment;
(m) co-ordinating the affairs of Local Bodies of Public Services;
(n) Performing such other necessary works of public interest as may be prescribed by law.

Article 133
(a) The People's Councils at different levels shall hold meetings as prescribed by law.
(b) The Members of the Panel of Chairmen shall be elected from among the members of the People's Councils to preside over the regular meetings of the People's Councils at different levels.
(c) The Members of the Panel of Chairmen shall preside over the meetings by rotation.
(d) A member of a People's Council who is also a member of the Executive Committee, the Judges' Committee or the Inspectorate of such People's Council shall not be a member of the Panel of Chairmen of such Council. Should a member of the Panel of Chairmen be elected to the Executive Committee, the Judges' Committee or the Inspectorate he shall resign from the Panel of Chairmen.
(e) The Panel of Chairmen shall continue to perform its duties till the next regular session of the People's Council is convened and a new Panel of Chairmen has been elected therefor.
(f) The Executive Committee of a People's Council shall convene a meeting of the Council if 34 per cent of all the members of the Council so requisition. If the Executive Committee fails to convene the meeting within 30 days from the date of such a requisition, the Panel of Chairmen shall, as soon as possible, convene the meeting.

Article 134
The State People's Council, Divisional People's Council- and Township People's Council shall form People's Council Affairs Committees with members of the People's Council concerned.

Article 135
An Executive Committee shall be elected from among its members by each of the People's Councils at different levels, to implement the tasks decided upon by the People's Council. The members of the Executive Committee shall elect a chairman and a secretary from among themselves. The chairman and the secretary so elected shall concurrently be the Chairman and the Secretary of the People's Council concerned.

Article 136
The Chairman of each of the People's Councils shall concurrently be the Chairman of the State, Division, Township, Ward or Village-tract concerned.

Article 137
The Executive Committee of each of the People's Councils at different levels shall be responsible to the People's Council concerned.

Article 138
The Executive Committees of the People's Councils at different levels shall perform the following duties-

(a) convening meetings of the People's Council in consultation with the Panel of Chairmen;
(b) promulgation and implementation of decisions, orders and directives of the People's Councils;
(c) implementation of the tasks laid down by the Council of Ministers as well as by the People's Councils concerned;
(d) maintaining intercommunications between the Executive Committees at different levels and co-ordinating their activities; directing and supervising of the Executive Committee at the lower level by the one at the higher level;
(e) directing, supervising and co-ordinating the work of Local Bodies of Public Services, co-ordinating the affairs of Public Services;
(f) submitting to the People's Council concerned, reports on the activities carried out during the interval between meetings of the People's Council;
(g) the temporary suspension from duty or attendance of any session of any member of the People's Council against whom action for high treason may be called for, provided that approval therefor shall be obtained from the nearest session of the People's Council.

Article 139
The term of office of the Executive Committees of the People's Councils at different levels is the same as that of the People's Councils. On the expiry of the term of the People's Council, the Executive Committee shall continue to perform its duties and functions till a new Executive Committee has been elected.

Article 140
(a) If need should arise to arrest any member of a People's Council in session, reliable evidence in support of such need shall be produced before the Panel of Chairmen of the People's Council. No arrest shall be made without the prior approval of the Panel of Chairmen of the People's Council concerned.
(b) If need should arise to arrest any member of an organ People's Council, while such organ is in session, reliable evidence in support of such need shall be produced before the Executive Committee concerned. No arrest shall be made without the prior approval of the Executive Committee.
(c) If any member of a People's Council is arrested while the People's Council or any of its organs is not in session, reliable evidence in support of such arrest shall be produced before the Executive Committee as soon as possible.

Article 141
All deliberations and actions at the meetings of a People's Council and of any of its organs are absolutely privileged. No member shall be liable or punishable therefor except under the laws, rules and bye-laws of the People's Council.

Article 142
Members of the People's Councils shall maintain contacts with their electorate and shall report back on their activities and keep them informed from time to time on questions of policy.

Article 143
Members of the People's Councils shall seek, and submit the wishes, opinions and proposals of the people to the People's Council concerned and work for their realization.

Article 144
The People's Councils may report on local matters of importance and submit advice for the benefit of the public, from the lower to the higher levels of the People's Councils, up to the Council of State.

 

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