APPENDICES APPENDIX I
OPINION ON ANNEXATION OF BURMA(*)
The Law Officers of the Crown and Sir J. Dean. to the Marquess of Salisbury
Royal Courts of Justice, December 18, 1885
My Lord
We are honoured with your Lordship's commands signified in Sir J. Pauncefote's letter of the 11th instant, stating that the British military expedition which was despatched last month to Upper Burmah had resulted in the surrender to Her Majesty's forces by King Theebaw of the capital, and that the King himself had been removed to British territory. That Sir J. Pauncefote was to transmit to us by direction of your Lordship, a letter from the India Office, inclosing copies of telegrams which had passed between the Secretary of State for India and the Viceroy, together with a Minute by Sir Henry Maine, relative to the procedure which should be adopted in order to annul the Treaties and engagements which had been contracted by King Theebaw and his predecessors with foreign Powers, while reserving for further consideration the question of the precise position in which the Burmese territory should eventually stand towards the British Crown and the Government of India. That the points to which our attention was specially invited were contained in the Minute, which formed Inclosure 3 in the India Office letter. That with reference to Sir H. Maine's observations as to the power of the Crown to cede British territory, Sir J. Pauncefote was to inclose a Report of the Law Officers of the 3rd June, 1884, in which various authorities were cited. That copies of the Treaties between Burmah and foreign Powers, so far as they were known at present to exist, were transmitted therewith. That our opinion was requested on the points referred to in the communication received from the India Office, together with any further observations we might have to offer on the subject. In obedience to your Lordship's commands we have the honour to report - That the conquest of the King of Burmah and the military occupation of his territory have given the Crown the right to extinguish the independent existence of the State of Upper Burmah. If the Crown thinks fit to exercise this right, all Treaties which the King or his predecessors may have made with foreign Powers will thereupon cease to exist. The fact of their having so ceased may properly be communicated by Her Majesty's Government to foreign Powers. • Reproduced in The Law of State Succession by D. P. O'Connell, Cambridge University Press, 1956, p. 343.
221 The territory thus acquired by conquest may be administered during the pleasure of the Crown by officers under its immediate orders. If the Viceroy of India is to perform this duty, he should be furnished with special authority and instructions in that behalf. Without expressing an opinion upon the general question, whether the Crown can cede any part of the British dominions without authority of Parliament, we think territories acquired by conquest may be so ceded, at least so long as the power of the Crown in that respect has not been limited, either by its own acts or by Legislation. In case the full right of sovereignty over Upper Burmah should be hereafter ceded to King Theebaw, or to anyone who may be regarded as his successor in title, we think that unless a formal notification be now given by Her Majesty's Government, that Upper Burmah has, by conquest, become part of Her Majesty's dominions, the Powers who have made Treaties with Burmah would probably contend- I. That the action of the British Government in Burmah partook of the character of a mere military occupation as distinguished from a conquest. 2. That the Burmese sovereignty was suspended rather than extinguished. 3. That therefore the Treaties with foreign Powers, which were in abeyance during the military occupation of Upper Burmah by the British troops, had revived, and were in full force.
We have the honour to be, etc., RICHARD E. WEBSTER, J. E. GORST, J. PARKER DEANE
222 APPENDIX II
THE CONSTITUTION OF BURMA, UNDER JAPANESE OCCUPATION(*)
(Promulgated on August I, 1943)
THE STATE
I. Burma shall be a fully independent and sovereign state. 2. Burma shall be a co-equal member of the community of sovereign states forming the Greater East Asia Co-prosperity sphere. 3. All powers of Government and all authority legislative, executive and judicial are derived from the people and the same shall be exercised in ac• cordance with the scheme hereunder.
HEAD OF THE STATE
I. Burma shall be ruled over by the Head of the State who shall have full sovereign status and powers. 2. Succession to the Headship of the State before the Constitution comes mto operation shall be settled by election, if possible within 30 days after the occur• rence of the vacancy, at a joint session of the Cabinet and the Privy Council presided over by the President or Vice-President of the Privy Councilor, in the absence of both these persons, by a member of the Privy Council elected by the Privy Council for that purpose.
CABINET OF MINISTERS
I. There shall be a Cabinet of Ministers presided over by the Prime Minister. 2. The Ministers shall be appointed by the Head of the State on the recom• mendation of the Prime Minister. 3. The Cabinet of Ministers shall conduct the Government of the State in responsibility, both collectively and individually, to the Head of the State. 4. Ministers of the State shall hold office during the pleasure of the Head of the State. 5. The affairs of Government shall be conducted in accordance with the rules and regulations duly made for that purpose.
PRIVY COUNCIL
I. There shall be a Privy Council to advise the Head of the State in such matters of public importance as may be referred to them. * Burma during the Japanese Occupation, Simla, 1944. Text in Burmese, Government Press, Rangoon, 1943.
223 The following matters shall be referred to the Privy Council: - (a) Taxation, (b) Annual Budget, (c) National Loans, (d) Ordinary Legis• lation, (e) Peace Treaties, and such other treaties, conventions and agree• ments as require ratification before they are ratified. 2. The number of Privy Councillors shall not be less than 20 and not more than 25· 3. The Privy Council shall be an advisory body. 4. The members of the Privy Council shall be appointed by the Head of the State after consultation with the Cabinet of Ministers. 5. The Ministers shall have the right of participation in the sessions of the Privy Council without being members thereof. 6. There shall be a President and a Vice-President elected by the members of the Privy Council. 7. Members of the Privy Council must possess the qualifications of an elderly and experienced politician. (a) The minimum age shall be 40 years. (b) They must have rendered public service or must be competent to represent important interests of the country by virtue of their distinguished educational qualifications and ability. 8. Subject to the approval of the Head of the State the Privy Council shall make rules for regulating its procedure and for the conduct of its business.
LEGISLATION
I. The responsibility for legislation shall belong to the Head of the State who shall ordinarily exercise it after consultation with the Cabinet of Ministers. 2. In the case of ordinary legislation, the Cabinet of Ministers shall, before tendering their advice to the Head of the State, first obtain the views of the Privy Council. 3. However in the case of extra-ordinary legislation the Cabinet of Ministers may act without reference to the Privy Council. Explanation: - Extra-ordinary legislation shall deal with such matters as maintenance of public safety or prevention of public danger or matters which are as important as matters of life and death due to war conditions. 4. All extra-ordinary legislation restricting civil liberties shall be reviewed as early as practicable after the termination of the war. 5. All the existing laws in force in Burma immediately before the commence• ment of this scheme shall, so far as it does not conflict with this scheme, continue in force in Burma until altered or amended by competent authority.
FUNDAMENTAL RIGHTS OF BURMESE NATIONALS
I. The liberty of the person shall be inviolable and no Burmese National shall be deprived of his personal liberty except in accordance with law. 2. No Burmese National shall be deprived of his property except in accordance with law.
224 3. The dwelling of every Burmese National is inviolable and shall not be forcibly entered except in accordance with law. 4. Every Burmese National shall. subject to public order and morality. enjoy freedom of religious belief and practice. 5. Every Burmese National shall. within the limits of law and morality. have the right of free expression of opinion as well as the right to assemble peaceably and without arms and the right to form associations and unions.
JUDICIARY
I. The Supreme Court of Burma now in existence shall continue and shall be the highest Court of Record. It shall consist of a Chief Justice and such number of other Judges as the Head ofthe State may deem it necessary to appoint. 2. The administration of law and constitution of law courts shall be in ac• cordance with the existing laws. 3. (a) The Chief Justice of the Supreme Court shall be appointed by the Head of the State after consultation with either the Prime Minister or the Minister concerned. (b) Other Judges shall be appointed by the Head of the State after consul• tations with either the Prime Minister and the Chief Justice or with the Minister concerned and the Chief Justice. 4. The Judges of Supreme Court shall not be removed except for proved misbehaviour· or for infirmity of mind or body. ·Misbehaviour includes misbehaviour towards the State. 5. All Judges shall be independent in the exercise of their judiciary functions and shall be subject only to the laws in force. 6. The decision of the Supreme Court shall in all cases be final and con• clusive. 7. Judges and Magistrates shall have jurisdiction over all persons within their territorial jurisdiction regardless of their nationality except- (a) those who enjoy extraterritoriality under Public International law; (b) Members of the Burmese armed forces in respect of offences punishable by military courts; and (c) Members of Allied armed forces in respect of military offences for trial of which provision to the contrary has been made under any treaty or agreement between the Burmese Government and the Nippon Government.
LANGUAGE
Burmese shall be the official language of the new State of Burma.
STATE SERVICES
I. All appointments in the services of the State shall be derived from the Head of the State. 2. There shall be a State Services Board. the Chairman and other members
225 whereof shall be appointed by the Head of the State after consultation with the Cabinet of Ministers. 3. The Head of the State shall, by regulations made after consultation with the Cabinet of Ministers, determine the number of members of the Board, their tenure of office and their conditions of service. 4. The Board shall be responsible to the Head of the State. 5. The Board shall deal with such matters relating to the State Services as are delegated to them under the rules and regulations duly made for the purpose. 6. The Board shall be independent in the exercise of its proper functions and duties. 7. All Burmese nationals who are in Government or Municipal services on the day of the inauguration of Burmese Independence shall be deemed to have been appointed on the same terms and conditions of service in the New State subject to their taking the oath of allegiance to the New State on a day which is to be fixed for the purpose by the Head of the State soon after the inauguration of Independence.
AUDIT AND ACCOUNTS
I. There shall be an Auditor-General of Burma who shall be appointed by the Head of the State after consultation with either the Prime Minister or the Minister concerned. 2. The conditions of service of the Auditor-General shall be such as may be prescribed by the Head of the State after consultation with the Prime Minister or the Minister concerned, and he shall not be eligible for further office in Burma after he has ceased to hold his office without the approval of the Head of the State. 3. The accounts of the Government of Burma shall be kept in such form as the Auditor-General may, with the approval of the Head of the State, prescribe. 4. The reports of the Auditor-General relating to the accounts of the Govern• ment of Burma be submitted to the Head of the State who shall cause them to be laid down before the Cabinet of Ministers and the Privy Council.
ARMED FORCES
I. The Head of the State shall be Supreme Commander-in-Chief of the Bur• mese Armed Forces. 2. There shall be a War Minister directly responsible to the Head of the State for organisation, administration, and training of the Armed Forces. 3. All commissions in the Burmese Armed Forces shall be granted by the Head of the State on the recommendation of the War Minister. 4. The Supreme Commander shall be advised by the Wat' Cabinet in all military affairs. It shall consist of the War Minister, the Chiefs of General Staff concerned, the Vice-Minister for War, the Chief of General Headquarters, Deputy Chiefs of the General Staff, the Director of Military Training and such other members of the Armed Forces as may be added on by the Council. The Prime Minister or any Minister representing him, the Finance Minister and either the
226 President or the Vice-President of the Privy Council shall have the right to speak in and otherwise the right to take part in the proceedings of the Council without the right to vote. 5. The Chief of the General Staff concerned shall be responsible for the Execu• tive Military Command of his branch of the Armed Forces. 6. The War Minister shall have the power to inspect the General Staff or Staffs and the troops and other forces under their command. 7. (a) With a view to ensuring the stability of the State, the armed forces shall be outside politics. (b) The War Minister shall be appointed always from among high MIlitary Officers on the active list. 8. The Military Accounts shall be audited by a Special Auditing Board directly under the Head ofthe State.
CONSTITUENT BODY
I. A Constituent Body shall be convened by the Head of the State, if war conditions permit, not later than one year after the inauguration of Burmese Independence, and in any case not later than one year after termination of the war. 2. The Constituent Body shall be so constituted as to be truly representative of the Burmese people and of its opinion. 3. The Head of the State shall appoint the Members of the Constituent Body and settle all other matters relating thereto in consultation with the Cabinet of Ministers and the Privy Council. Explanation: - Members of the Burma Independence Preparatory Committee intended that the words 'in consultation' should have a similar meaning to 'after consultation' with the following exception: - Exception: - The words 'in consultation' convey the meaning 'mutual dis• cussions in agreement for the sake of clarification.'
(Tl'anslation doubtful)
4. The Constituent Body shall elect its own Chairman and make rules for the regulation of its business and procedure. 5. The Constituent Body shall determine all matters relating to the Consti• tution of Independent Burma and in doing this it shall have all the powers and duties of a Constituent Body including the power to institute a referendum on questions relating to the Headship of the State. It shall also be free to act independently of all outside influence. 6. There shall be freedom of speech in the Constituent Body and no member thereof shall be liable to any proceeding in any Court in respect of anything said or any vote given by him in the Body or any Committee thereof and no person shall be so liable in respect of the publication by or under the authority of the Head of the State of any report, paper, votes or proceedings. 7. The Constituent Body shall determine the period within which the Con-
227 stitution shall come into operation and the rule of the new Head of the State shall commence. 8. The rule of the Head of the State shall terminate with the coming into operation of the Constitution and the tenure of office of all Ministers and the Privy Councillors shall terminate therewith. 9. Burma shall be govemed in accordance with this interim Constitution until such time as the Constitution comes into operation. It can be amended as follows: - (a) with the approval of the Cabinet of Ministers; (b) if at a special meeting of the Privy Council attended by at least three• fourths of its members two-thirds of those present at the meeting vote for the amendment. APPENDIX III
THE PANGLONG AGREEMENT (*)
(signed February 12, 1947)
A conference having been held at Panglong, attended by certain Members of the Executive Council of the Governor of Burma, allSaopnas and representatives of the Shan States, the Kachin Hills and the Chin Hills: The Members of the Conference, believing that freedom will be more speedily achieved by the Shans, the Kachins and the Chins by their immediate co• operation with the Interim Burmese Government: The Members of the Conference have accordingly, and without dissentients, agreed as follows: - I. A representative of the Hill Peoples, selected by the Governor on the recommendation of representatives of the Supreme Council of the United Hill Peoples (S.C.O.U.H.P.), shall be appointed a Counsellor to the Governor to deal with the Frontier Areas. 2. The said Counsellor shall also be appointed a Member of the Governor's Executive Council, without portfolio, and the subject of Frontier Areas brought within the purview of the Executive Council by Constitutional Convention as in the case of Defence and External Affairs. The Counsellor for Frontier Areas shall be given executive authority by similar means. 3. The said Counsellor shall be assisted by two Deputy Counsellors represent• ing races of which he is not a member. While the two Deputy Counsellors should deal in the first instance with the affairs of their respective areas and the Counsel• lor with all the remaining parts of the Frontier Areas, they should by Constitu• tional Convention act on the principle of joint responsibility. 4. While the Counsellor, in his capacity of Member of the Executive Council, will be the only representative of the Frontier Areas on the Council, the Deputy Counsellors shall be entitled to attend meetings of the Council when subjects pertaining to the Frontier Areas are discussed. 5. Though the Governor's Executive Council will be augmented as agreed above, it will not operate in respect of the Frontier Areas in any manner which would deprive any portion of these areas of the autonomy which it now enjoys in internal administration. Full autonomy in internal administration for the Frontier Areas is accepted in principle. 6. Though the question of demarcating and establishing a separate Kachin State within a Unified Burma is one which must be relegated for decision by the Constituent Assembly, it is agreed that such a State is desirable. As a first step
* Reproduced in the Report of tke Frontier Areas Committee of Enquiry, Government Press, Rangoon, 1947. Also checked with copy of Agreement preserved by U Vum Ko Hau, Minister in Paris, who took part in the Panglong conference as a leader of the Chins.
229 towards this end, the Counsellor for Frontier Areas and the Deputy Counsellors shall be consulted in the administration of such areas in the Myitkyina and the Bhamo Districts as are Part II Scheduled Areas under the Government of Burma Act of 1935. 7. Citizens of the Frontier Areas shall enjoy rights and privileges which are regarded as fundamental in democratic countries. 8. The arrangements accepted in this Agreement are without prejudice to the financial autonomy now vested in the Federated Shan States. 9. The arrangements accepted in this Agreement are without prejudice to the financial assistance which the Kachin Hills and the Chin Hills are entitled to receive from the revenues of Burma, and the Executive Council will examine with the Frontier Areas Counsellor and Deputy Counsellors the feasibility of adopting for the Kachin Hills and the Chin Hills financial arrangements similar to those between Burma and the Federated Shan States.
230 APPENDIX IV
DRAFT CONSTITUTION APPROVED BY AFPFL CONVENTION (*)
THE BURMA UNION AND ITS UNITS
I. Burma should be Proclaimed as an 'Independent Sovereign Republic'. 2. The said Independent Sovereign Republic of Burma shall comprise: A. Such territories that were heretofore within the British Burma known as: - (i) Ministerial Burma, (ii) Homalin Sub-Division, (iii) Sinkaling Khamti, (iv) Thaungdut, (v) Somra Tract, (vi) Naga Hills, (vii) Salween District, (viii) Kanpetlet Sub-Division, and (ix) Arakan Hill Tracts. B. The Federated Shan States (including Kokang and Mongpai). C. Karenni States. D. Kachin Hills, and E. Chin Hills District (excluding Kanpetlet Sub-Division). 3. The said Independent Sovereign Republic of Burma should be known as the 'Union of Burma'. (I) The status of a Union State should be accorded to a people who have: - (i) a defined geographical area with a character of its own; (ii) unity oflanguage, different from the Burmese; (iii) unity of culture; (iv) community of historical traditions; (v) community of economic interests; a measure of econoInic self• sufficiency; (vi) a fairly large population; (vii) the desire to maintain its distinct identity as a separate Unit. (2) The status of an 'Autonomous State' should be accorded to a people who more or less possess the above-mentioned characteristics but lack in econoInic self-sufficiency. (3) The status of a ' National A ,ea' should be accorded to a people who are lacking in all the above-mentioned characteristics except more or less a distinct
* The draft was drawn up by a I I I-member committee of the AFPFL Convention which met on May 20, 1947, and approved on May 23 when the Convention was dissolved. Text from The Burmese Review, May 26, 1947.
231 language, a territory on which it is concentrated in appreciable numbers and the desire to maintain its distinct identity. (4) The rights of National Minority should be guaranteed to a group of persons who- (i) differ from the Burmese in race, language, culture and historical traditions, and (ii) form at least one-tenth of the total population of Burma or of any Unit. 4. The jurisdiction of the Union, as represented by its highest organs of state authority and organs of Government, covers the following subjects: - (I) Constitutional Affairs; (2) Foreign Affairs. (3) Defence. (4) Foreign Trade. (5) Federal Finance. (6) National Planning. (7) Security. (8) Transport and Communications. (9) Federal Education. (10) Federal Health. 5. All power and authority of the Sovereign Independent Republic of Burma, its constituent parts and organs of Government, are derived from the people.
THE PRESIDENT
I. There shall be a President of the Union to be called 'THE PRESIDENT' who shall be elected by the two Houses of the Union Assembly in Joint Session. 2. The President shall not be a member of either House of the Assembly or of any other Legislature of any Unit. 3. The President shall not hold any office or position of emolument. 4. The President shall hold office for 4 years from the date on which he enters upon his office unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than 3 Judges. 5. No person shall be eligible to the office of the President for more than 8 consecutive years. 6. No person shall be eligible for election to the office of the President unless he is a natural born citizen of the Union of Burma or of its constituent parts and has been a resident therein for at least 14 years immediately preceding the election. 7. The President may be impeached for stated misbehaviour. 8. (i) The President shall, on the nomination of the Chamber of Deputies, appoint the Prime Minister who is the Head of the Government. (ii) The President shall, on the nomination of the Prime Minister with the previous approval of the Chamber of Deputies, appoint the other members of the Government.
232 (iii) A member of the Government to be known as 'The Minister for Nationalities' shall be appointed by the President on the nomination of the Prime Minister from among the members of the Chamber of Nationalities who represent a Union State, Autonomous State, National area or a National Minority. 9. (i) The Union Assembly shall be summoned by the President on the advice of the Prime Minister. (ii) The President may, in his absolute discretion, refuse to dissolve the Assembly on the advice of a Prime Minister who has ceased to obtain the support of the majority in the Chamber of Deputies. (iii) The President may at any time convene a meeting of either or both of the Houses of the Union Assembly. 10. Every Bill passed by both the Houses of the Union Assembly shall be signed and promulgated by the President. II. (i) The Supreme Command ofthe Armed forces is vested in the President, but the President shall not exercise the Supreme Command except through a Commander-in-Chief appointed by him on the recommen• dation of the Prime Minister. (ii) Subject to these provisions the exercise of the Supreme Command of the Armed Forces shall be regulated by law. (iii) All Commissioned Officers of the Armed Forces shall hold their commissions from the President. 12. The right of pardon and the power to commute or remit sentences are vested in the President but, such power except in capital cases may also be conferred by law on other authorities. 13. (i) The President may, at his discretion, communicate with the Union Assembly by message or address on any matter of national or public importance. (ii) The President may also address a message to the nation at any time on any matter. Such message or address must however have received the approval of the Government. 14. (i) The President shall not be answerable to either House of the Union Assembly or to any Court for the exercise and performance of the powers and functions of his office, or for any act done or purporting to be done by him in the exercise of the Powers and functions. (ii) The behaviour of the President may however be brought under review in either House of the Union Assembly for the purpose of impeach• ment. IS. The Powers and functions conferred on the President by the constitution shall be exercisable and performable by him only on the advice of the Govern• ment save where it is provided in the constitution that he shall act in his absolute discretion. 16. Subject to the constitution, additional powers and functions may be conferred on the President by law. 17. (i) In the event of the absence of the President or his temporary in• capacity, or his permanent incapacity, or in the event of his death,
233 resignation, removal from office, or failure to exercise and perform the powers and functions of his office, or at any time at which the office of the President may be vacant, the powers and functions conferred on the President by the constitution shall be exercised and performed by a Commission constituted as herein below provided. (ll) The Commission shall consist of the Chief Justice, the Speaker of the Chamber of Deputies and the Chairman of the Chamber of Nationali• ties. THE UNION LEGISLATURE
I. (I) The legislative power of the Union shall be vested in the Union Assembly which shall consist of the President, a Chamber of Deputies and a Chamber of Nationalities. (2) Subject to the provisions hereinafter mentioned in the Constitution, the sole and exclusive power of making laws in the Union is vested in the Union Assembly. (3) Provision should be made, on principles of regional autonomy, for delegation to the Union State, Autonomous State and national areas such legislative or other powers in adIninistrative, cultural and econ• oInic matters. Such provision should deterInine the rights, powers and duties and their relations to the Union Assembly and to the Union Government. (4) In relation to all Inatters not coIning within the classes of subjects by this constitution assigned exclusively to the Legislatures of the Union State, Autonomous States and National Areas, and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section it is hereby declared that (notwithstanding anything in this constitution) the exclusive legislative authority of the Union Assembly extends to all Inatters coming within the classes of subjects next hereinafter enumerated: (i) The Public Debt and Property. (ll) The Regulation of Trade and Commerce. (iii) The raising of money by any mode or system of taxation. (iv) The borrowing of money on the public credit. (v) Postal, telegraphic, telephonic, and Broadcasting, services. (vi) The Census and Statistics. (vii) Militia, Military, Naval and Air Services and Works, and Defence and Defence Works. (viii) The fixing of and providing for the salaries and Allowances of civil and other officers of the Union Government. (ix) Beacons, Buoys, Light Houses, and such like provisions. (x) Navigation and Shipping. (xi) Quarantine. (xii) Currency and coinage: Monetary Policy. (xiii) Banking, incorporation of Companies and Banks and Issue of Paper Money
234 (xiv) Savings Banks. (xv) Weights and Measures. (xvi) Bills of Exchange, Promissory Notes and Negotiable Instruments. (xvii) Interest: Legal Tender. (xviii) Bankruptcy and Insolvency. (xix) Copyrights, Trade Marks and Patents of Invention and Discovery. (xx) Naturalization and Aliens. (xxi) Criminal Law, except the constitution of Courts of Criminal Juris• diction, but including the Criminal Procedure. (xxii) The Establishment, Maintenance and Management of Union Peniten• tiaries. (xxiii) Such classes of subjects as are expressly excepted in the enumeration of classes of subjects by the constitution assigned exclusively to the Legislatures of the Union State, Autonomous States and National Areas. And any matter coming within any of the classes of subjects enumerated in this Sub-Section shall not be deemed to come within the classes of matters of a local or private nature comprised in the enumeration of the classes of subjects by this constitution assigned exclusively to the Legislatures of the Union State, Autonomous States and National Areas. IA. The following matters shall also be within the exclusive jurisdiction of the Union Assembly: (i) Union subjects. (ii) Inter-state matters. (iii) Subjects not specifically assigned to any Unit. (iv) All matters relating to territories other than the Union State, the Autonomous States and National Areas. 2. (I) The right to raise and maintain military, naval and airforce is vested exclusively in the Union Assembly. (2) No military, naval or air forces, or any military or semi-military organisations of any kind other than the forces raised and maintained by the Union Assembly shall be raised and maintained for any pur• pose whatsoever. 3. (I) The Union Assembly shall hold at least one ordinary session every year. (2) The Chamber of Deputies shall elect two of its members to be re• spectively the Speaker and Deputy Speaker. The Chamber of Nation• alities shall elect two of its members to be respectively the Chairman and Deputy Chairman thereof. 4. All questions at any sitting or joint sittings of the Chambers shall, save as otherwise provided by the Constitution, be determined by majority votes of the members present and voting.
THE CHAMBER OF DEPUTIES
5. (I) Every citizen who has reached the age of 21 years and who is not otherwise disqualified by the Constitution or by law, shall be eligible for membership of the Chamber of Deputies.
235 (2) Every citizen who has completed the age of 18 yeaIS and who is not otherwise disqualified shall have the right to vote at any election for membership of the Chamber of Deputies. (3) No law shall be enacted placing any citizen under disability or incapacity for membership of the Chamber of Deputies on the ground of sex, race or religion or disqualifying any citizen from voting at any election for membership of the Chamber of Deputies on any such ground. Provided that members of any religious order may by law be debarred from voting at any election or from standing for membership of either Chamber of the Union Assembly. 6. (I) The Chamber of Deputies shall be composed of members who rep• resent Constituencies determined by law. (2) The number of members shall from time to time be fixed by law, but the total number of members of the Chamber of Deputies shall not be fixed at less than one member for each 75,000 of the population, or at more than one member for each 30,000 of the population. (3) The rate between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as practicable, be the same throughout the Union. (4) The Union Assembly shall revise the constituencies at least once in every ten years, with due regard to the changes in the distribution of the population, but any alteration in the Constituencies shall not take effect during the life of the Chamber of Deputies sitting when each revision IS made. 7. (I) The Chamber of Deputies shall be summoned and dissolved as provided by this Constitution. (2) The General Election for members of the Chamber of Deputies shall take place not later than 30 days after the dissolution of the Chamber. (3) The Chamber of Deputies shall meet within 30 days from the polling day. 8. (I) The same Chamber of Deputies shall not continue for a period longer than four years from the date of its first meeting. (2) Provision shall be made by law to enable the member of the Chamber of Deputies who is the Speaker immediately before the dissolution of the Chamber to be deemed without any actual election to be an elected member of the Chamber at the ensuing General Election. 9. (I) As soon as possible after the presentation to the Chamber of Deputies the Estimates of Receipts and the Estimates of Expenditure of the Union for any financial year, the Chamber shall consider these Estimates save in so far as may be provided by specific enactment in each case the legislation required to give effect to the financial regulations of each year shall be enacted within that year. (2) The Chamber of Deputies shall not pass any vote or resolution and no law shall be enacted for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to the Chamber by a message from the Government signed by Prime Minister.
THE CHAMBER OF NATIONALITIES
10. The Chamber of Nationalities shall consist of 160 members. The said members shall be chosen in accordance with the provisions in that behalf contain• ed in the first Schedule to the Constitution. II. The General Election for the Chamber of Nationalities shall take place not later than 60 days after the dissolution of the Union Assembly, the first meeting of the Chamber of Nationalities after the election shall take place on the date to be fixed by the President on the advice of the Prime Minister. Note: The first Schedule to the Constitution will contain inter alia the following provisions: - (I) The members representing Burma proper shall be elected by Pr0- vincial Councils: Note: It is intended that the present seven Commissioners' Divisions shall be renamed provinces and that each should have a Council. Such councils will not, however, be legislatures though they will have certain functions including that of electing members to the Chamber of Nationalities. (2) The members representing the Karens shall be elected by the Karen Affairs Council. No~: Subject to the decision to be arrived at by agreement as to the number and manner of selection of members representing the Union State, Autonomous State, National Area and National Minorities, the following composition is proposed: - (i) The Shan States . 32 Members (ii) The Kachin States . 13 Members (iii) The Chin Hills. . . 9 Members (iv) The Karenni States. 4 Members (v) The Karens . . . . 32 Members (vi) Remaining territories including Burma 70 Members
160
LEGISLATION
12. Every Bill except a money Bill may be initiated in either House. In case of a deadlock, the Bill shall be determined by both the Chambers in a joint sitting. uA. Any Bill abridging the rights of 'The National Minorities' shall not be deemed to have been passed unless the majority of members present representing the minority concerned voted in both Chambers in its favour. 13. (I) Money Bills shall be initiated in the Chamber of Deputies only.
237 (2) Every Money Bill passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities for its recommendations. (3) Every Money Bill so sent to the Chamber of Nationalities shall, at the expiration of a period not later than 21 days after it shall have been sent to the Chamber of Nationalities be returned to the Chamber of Deputies which may accept or reject all or any ofthe recommendations of the Chamber of Nationalities. (4) If such Money Bill is not returned by the Chamber of Nationalities to the Chamber of Deputies within 21 days or is returned within such 21 days with recommendations which the Chamber of Deputies does not accept, it shall be deemed to have been passed by both Chambers at the expiration of a period of 21 days. (5) The Speaker of the Chamber of Deputies shall certify any Bill which in his opinion is a Money Bill and his certificate will, subject to the subsequent provisions in this section, be final and conclusive. (6) The Chamber of Nationalities, by resolution passed at a meeting at which not less than 75 members are present, may request the President to refer the question whether the Bill is or is not a Money Bill to a Committee of Privileges. (7) If the President in his absolute discretion decides to accede to the request he shall appoint a Committee of Privileges consisting of an equal number of members of the Chamber of Deputies and of the Chamber of Nationalities and a Chairman who shall be a Judge of the Supreme Court. (8) The President shall refer to the Committee of Privileges so appointed and the Committee shall report its decision thereon to the President within 21 days after the day on which the Bill was sent to the Chamber. The decision of the Committee shall be final and conclusive. Note: A convention may be established whereby whenever a legislation affecting only one of the Units is under consideration, members who do not represent that particular unit will refrain from exercising their vote. SIGNING AND PROMULGATION
14. (I) Every Bill passed by both Chambers of the Assembly shall be present• ed to the President for his signature and for promulgation by him as an Act in accordance with the provisions of this section. (2) Every Bill so signed by the President shall become an Act on and from the date on which the Bill shall have been signed unless the contrary intention appears. (3) Every Bill so signed shall be promulgated by the President as an Act by publication in the official gazette. (4) The signed text of the Bill so promulgated shall be enrolled for record in the office of the Registrar of the Supreme Court. (5) An official translation of every Act in the English language shall be issued in the Burmese language. IS. The laws of the Union shall have the same force and effect throughout the Union. 16. When a law of a Unit is inconsistent with a law of the Union, the latter shall prevail. 17. Any Constituent Unit may surrender any of its territories or any of its powers, functions, rights and prerogatives to the Union. 18. No Constituent Unit shall without the consent of the Union raise or maintain any military, naval or air force.
THE RIGHT OF RECALL
The right of recall may be exercised by voters, when a number of voters to be prescribed by Law (preferably by not less than half the electorate) present a Petition to the President to recall an elected member of the Union Assembly, the President shall order a Bye-election to be held. The member concerned should not be recalled unless two-thirds of those voting desire a recall.
NEW STATES
I. The Union Assembly may admit to the Union or establish a new Constituent Unit and may upon such admission or establishment make or impose such terms and conditions including the extent of representation in the Union Assembly. 2. The Union Assembly may with the consent of a Constituent Unit increase, diminish, or otherwise alter the limits of the Unit, and may with like consent make provision respecting the effect and operation of any increase or dimunition or alteration of territory in relation to any Unit affected. 3. A new Unit may be formed by separation of any territory from a Constit• uent Unit, and a new State may be formed by the Union of two more Constituent Units or parts thereof, but only with the consent of the Union Assembly and the Units concerned.
UNION EXECUTIVE I. (I) The President shall appoint a Prime Minister on the recommendation of the Chamber of Deputies. (2) The President shall appoint other members of the Government on the recommendation of the Prime Minister and subject to the prior ap• proval of the Chamber of Deputies. (3) The executive power of the Union shall be exercised by and on the authority of the Government. 2. War shall not be declared and the Union shall not participate in any Wars except with the assent of the Union Assembly. (i) The Government shall be responsible to the Chamber of Deputies. (ii) The Government shall meet and act as a collective authority and shall be collectively responsible. 3. The Prime Minister shall keep the President informed on matters of domestic and international policy.
239 UNION JUDICIARY
I. The judicial power of the Union shall be vested in a Union Supreme Court to be called 'The Supreme Court'. 2. The judges of the Supreme Court are to be elected by the Union Assembly in joint sitting. 3. A judge of the Supreme Court shall hold office for a term of 10 years unless he resigns or is incapacitated or removed by impeachment. Note: All the provisions in the Draft Constitution enumerating the subjects especially assigned to the Union State, Autonomous State, and National Area are subject to amendment after the Executive Council of the AFPFL has ratified the agreement arrived at between the Negotiating ComInittee appointed by the Convention on the one part and members of the Constituent Assembly representing those Units on the other part.
THE UNION STATE
I. The Union State shall have its own constitution in conformity with the constitution of the Union and its own specific characteristics and features. 2. It is suggested that the Head of the Union State may be called the GOVERNOR who should be elected by the State Legislature. 3. In the Union State the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated: - (I) Constitutional Affairs : (i) The amendment from time to time of the Constitution of the Union State subject to this Constitution; (ii) The conduct of elections to the Union State Legislature and other local bodies; (iii) The establishment and tenure of Union State officers and the ap• pointment and payment of State officers. (2) Finance: (i) Direct taxation within the Union State, other than federal taxes and revenue, in order to the raising of a revenue, for Union State purposes; (ii) Land Revenue; (iii) Minor minerals as defined in Chapter VIII of the Shan States Manual; (iv) Timber other than exportable timber; (v) Taxes on luxuries and entertainments; (vi) Sale tax; (vii) Taxes on professions, trade, callings and employment; (viii) Excise duties on alcoholic liquors and narcotic drugs; (ix) Shop, saloon, tavern, auctioneer and other licenses in order to the raising of a revenue for State, local or Municipal purposes. (3) EconoInicAffairs: (i) Agriculture and Veterinary; (ii) Fisheries within the State; (iii) Regulation ofland tenures; (iv) Internal trade and commerce; (v) Water Supplies and Irrigations; (vi) Unemployment and Relief of the poor. (4) Security:- (i) Police Administration: (ii) Administration of justice by Courts subordinate to High Court: (iii) The imposition of punishment by fine, penalty or imprisonment for enforcing any law of the Union State made in relation to any matter coming within any of the classes of subjects enumerated in this section. (5) Communications:- Local works and undertakings within the State other than Railways, subject to the power of the Union Assembly to declare any work a national work and to provide for its construction and by arrange• ment with the State legislature or otherwise. (6) Education:- (i) Education, other than higher education; (ii) Management and control of all educational institutions; (Iii) Non-federal libraries, museums and other institutions; (iv) Theatres, dramatic performances and cinemas. (7) Health: (i) Public health and sanitation; (ii) The establishment, maintenance and management of hospitals, asylums and dispensaries. (8) Local Government:- (i) Municipalities and other local bodies; (ii) Charities and charitable institutions.
AUTONOMOUS STATE
CHIEF OF STATE
I. In the Autonomous State there should be a Chief Executive Officer elected by the State Council and in whose name all Executive acts relating to State Affairs which should be done. 2. Such Chief should hold office for a term not exceeding 4 years, removable by impeachment or incapacity. 3. There shall be a State Council. The number of members and the method of election or appointment should be regulated by law. 4. Subject to the provisions of the constitution and the assent ofthe President as hereafter provided, the State Council may make ordinances in relation to matters coming within the following classes of subjects: - (i) Direct Taxation within the State in order to raise a revenue for State purposes. (ii) The borrowing of money for the sole credit of the State with the consent of the President and in accordance with regulation to be framed by the Union Assembly. (iii) Education, other than higher education. (iv) Agriculture, to the extent and subject to the conditions to be defined by Union Assembly. (v) The Establishment, Maintenance, and Management of Hospitals and Charitable Institutions. (vi) Municipal Institutions, District Councils, and other local institutions having authority and functions in any area in respect of the Local Government of, or to preservation of Public Health, in that area. (vii) Local works and undertakings within the Province, other than rail• ways subject to the power of the Union Assembly to declare any work a national work and to provide for its construction and by arrangement with the State Councilor otherwise. (viii) The imposition of punishment by fine, penalty or imprisonment, for enforcing any law or any ordinance of the Province made in relation to any matter coming within any other clause or subjects enumerated in this Section. (ix) Generally, all matters which, in the opinion of the President, are of a merely local or private nature in the State. 5. Any ordinance made by the State Council should have effect in and for the State so long and so far only as it is not repugnant to any Act of the Union Assembly. 6. The State Council may recommend to the Union Assembly the passing of any law relating to any matter in respect of which such Council is not competent to make ordinances. 7. The State Revenue Fund should be formed into which should be paid all revenues raised by the State or accruing to the State Council and all moneys paid over by the President to the Council. Such fund should be appropriated by the State Council by ordinances for the purposes of the State administration, generally, or in the case of moneys paid over by the President for particular purposes, then for such purposes.
STATE EXECUTIVE
(8) (i) The State Council should at its First Meeting elect from among its members or otherwise 4 persons to form with the Chief who shall be chairman, the Executive of the Autonomous State. The members ofthe Executive other than the Chief shall hold office until the election of their successors in the same manner. (ii) The Chief and any other member of the Executive, not being a member of the Council, shall have the right to take part in the proceedings of the Council but shall not have the right to vote. (9) The Executive shall, on behalf of the State Council, carry on the the administration of the State Affairs. Until the first election of the members to serve on the Executive such administration shall be carried on by the Chief. (10) All questions ansmg in the Executive shall be determined by a majority of votes of the members present, and, in the case of an equality of votes, the Chief shall have also a casting vote. Subject to the approval of the President, the Executive may make rules for the conduct of its proceedings. (II) Subject to the provisions of any law passed by the Union Assembly regulating the conditions of appointment, tenure of office, retirement and superannuation of Public services, the Executive shall have power to appoint such officers as may be necessary, in addition to officers appointed to the State by the President under the provisions of this constitution, to carry out the services entrusted to them and to make or enforce regulations for the organization and discipline of such officers. (12) In regard to all matters in respect of which no powers are reserved or delegated to the State Council, the Chief shall act on behalf of the President when required to do so, and in such matters the Chief may act without reference to the members of the Executive. Note: (This part is a model on the Constitution of the Constituent Units forming part of the Union of South Africa including all the subjects and powers assigned by the Act to the Constituent Provinces.)
NATIONAL AREA Administrator I. In each national area there should be Chief Executive Officer appointed by the President who should be called 'the Administrator' and in whose name all executive acts relating to the Area should be done. 2. In the appointment of the Administrator of any area, the President should, as far as practicable, give preference to persons resident in such area. 3. Such Administrator should not hold office for a longer term than three years and should not be removed before the expiration thereof except by the President for cause assigned. 4. The President may, from time to time, appoint a Deputy Administrator to execute the office and functions of the Administrator during his absence, illness or incapacity and to generally assist him. 5. There should be Advisory Council in each area to aid and advise the Administrator. The number and method of selection may be prescribed by law.
Powers of the Advisory Council 6. The Council should have the following powers and functions:- (i) all the powers and functions of the local self-governing bodies of Burma, (ii) all matters which in the opinion of the President are of merely local or private nature and should be better left to the Council concerned. 7. The Union Assembly may by law delegate such other powers as it may deem necessary and desirable.
243 NATIONAL MINORITIES
I. The following rights should be guaranteed to such group of persons which come within the definition of the 'national minority' : - (i) human rights, (ti) national or cultural rights, (iii) freedom of association with cultural autonomy. (i) Human rights embrace the time-honoured elementary rights of man: citizenship, the protection of life and liberty, equality before the law, civil and political rights, religious freedom, freedom from discrimination generally, including equality of economic opportunity. (These would be included in the Chapter relating to the Fundamental Rights. These are repeated here in order to give a complete picture of the safeguards accorded to the national minorities). (ti) National or cultural rights. Special safeguards against linguistic and educational discrimination should be provided for. (iii) Freedom ofassociation with cultural autonomy - This right of association already guaranteed as a fundamental right would lend minorities a measure of organic existence especially for protection against discrimi• nation. The minorities will be entrusted by the State with autonomous management of their educational and cultural affairs. In other words, a Council chosen democratically by the members of the minorities would become the agency of the State for the administration of the educational and cultural institutions of that particular group. The Government of the State should have the authority to set normal standards for the entire population of the country, and it should exercise general supervision. But the direction and management of the minorities institutions should be in their own hands. The financing of the educational and cultural undertakings of a minority should be to a large extent the responsibility of the State. To avoid all quarrels over the 'due' or 'equitable share', provision should be made for an allotment proportional to the numbers of the minority. A minority should, however, be authorised to supplement such State funds by levying taxes upon its own members, subject always to the supervision of the State authorities. In the Chamber of Deputies a certain number of seats proportional to their population should be reserved to the national minorities. In the Chamber of Nationalities greater weightage may be given. 2. A Karen Affairs Council shall be constituted in order to aid and advise the Union Government on matters relating to the Karens; the composition and method of selection of the said Council shall be prescribed by law. RIGHT OF SECESSION
x. (I) The right of secession shall be accorded to the Union State and autonomous states, subject to the provisions hereinafter prescribed. (2) No right of secession shall be exercised within xo years from the date on which the State concerned comes into the Union of Burma. 2. (I) The resolution for secession shall have been passed by two-thirds of the members of the legislature of the State concerned. (2) The Union Assembly shall then order a plebiscite to be taken in order to ascertain the will of the people of the State concerned. 3. A commission to be called the plebiscite commission consisting of equal numbers of Members representing the Union of Burma and of the State concerned shall be set up to supervise a plebiscite to ensure that it is fairplay and freely conducted.
PROVISIONS RELATING TO TRANSITORY PERIOD
Provisions shall be made in order to enable the Constituent Assembly to constitute itself the Provisional Union Assembly, elect the Provisional President and a Provisional Government. As soon as the Independence Resolution shall have been passed by the Constituent Assembly in its first session, a Committee to be known as the Transfer of Sovereignty Negotiating ComInittee may be appointed by the Constituent Assembly in order to negotiate with H.M.G. for the transfer of sovereignty to the Union of Burma. The first General Elections under the Constitution are to be held within 18 months from the date of the coming into operation of the Constitution.
AMENDMENT OF THE CONSTITUTION
x. Any provision of the Constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided. 2. (x) Every proposal for an amendment of the Constitution shall be ex• pressed as •An Act to amend the Constitution.' (2) The Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal. 3. (I) Such Bill to amend the Constitution may be initiated in either Chamber of the Union Assembly. (2) After each shall have been passed by the Chamber in which it is initiated, the Bill shall be considered by both Chambers at a joint sitting. (3) Such Bill shall be deemed to have been passed only when two-thirds of the members present voted in its favour. (4) A Bill, which seeks to amend any provision relating to any subject specifically assigned to any of the Units, shall not be deemed to have been passed unless the majority of the members representing the Unit concerned present voted in its favour.
245 CITIZENSHIP
I. There shall be but one nationality or citizenship throughout the Union. 2. (I) Subject to the law of the Union, (i) Every person born in the Union or in any of its constituent Units subject to the jurisdiction thereof, or (ii) Every person naturalised therein, shall be a citizen of the Union. (2) Further provision regarding the acquisition and termination of the Union citizenship may be provided by law. 3. A citizen or subject or national of a foreign state sha1l not at the same time be a citizen of the Union.
RIGHTS OF EQUALITY
4. All citizens irrespective of birth, rank, religion, sex or race are equal before the law. That is to say there shall not be any arbitrary discriminatiou between a citizen or class of citizens and another. 5. There shall be equality of opportunity for all citizens in matters of public employment and in the exercise or carrying on of any occupation, trade, business or profession. 5A. Any propagation of national, racial and religious hatred or discord is contrary to the Constitution and punishable by law.
RIGHTS OF FREEDOM
6. No citizen shall be deprived of his personal liberty nor his dwelling be entered or his property confiscated save in accordance with law. 7. There shall be liberty for the exercise of the following rights subject to law, public order and morality: (i) the right of the citizens to express freely their convictions and opinions; (ii) the rights of the citizens to assemble peaceably and without arms; (iii) the right of the citizens to form associations and unions. Provided that an association for undermining the Constitution and for undemocratic purposes is forbidden. 8. It is the right of every citizen to reside and settle in any part of the Union, to acquire property and to follow any occupation, trade, business or profession. Provision may be xnade by law to impose such reasonable restrictions as xnay be necessary in the public interest including the protection of minority groups and tribes. 9. Subject to regulation by law of the Union, trade, commerce and intercourse among the Units by and between the citizens shall be free. Provided that any Unit xnay by law impose reasonable restrictions in the interest of public order, morality or health or in any emergency. 10. (I) Traffic in human beings, and (2) Forced labour in any forin and involuntary servitude except as a punishment for crime where the party shall have been duly convicted shall be prohibited. Explanation: Nothing in this sub-section shall prevent the Union from imposing compulsory service for public purpose without any discrimination on ground of race, religion or class. II. Children below the age of 14 shall not be employed in mines and factories using power. 12. Freedom of association shall be secured to all individuals and classes of workers subject only to law, public order and morality.
RIGHTS RELATING TO RELIGION
13. All persons are equally entitled to freedom of conscience and the right freely to profess and practice religion subject to public order, morality or health and to the other provisions of this Chapter. Explanation I. The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice. Explanation 2. The freedom of religious practice guaranteed in this clause shall not debar the Union from enacting laws for the purpose of social welfare and reform. 14. The abuse of the church or of religion for political purposes is forbidden. The Union shall observe neutrality in religious matters. It may, however, extend material or other assistance to religious institutions. Religious communities whose teaching is not contrary to the Constitution, are free in their religious affairs and in the performance of religious ceremonies and also to have schools for the education of priests; but such schools shall, however, be under the general supervision of the Union.
CULTURAL AND EDUCATIONAL RIGHTS
IS. No minority whether based on religion, race or language shall be dis• criminated against in regard to the admission into public educational institutions, nor shall any religious instruction be compulsorily imposed on it. I6. (I) Private property and private initiative in economy are guaranteed. (2) No person is permitted to use the right of private property to the detriment of the people's community. (3) The existence of private monopolist organisations such as cartels, syndicates, trusts and similar organisations created for the purpose of dictating prices, monopolising the market and damaging the interests of the national economy is forbidden. (4) Private property may be limited or expropriated if the common interest requires it, but only in accordance with the law, which shall prescribe in which cases and to what extent the owner shall be compensated. (5) Under the same conditions individual branches of national economy
247 or single enterprises may be nationalised by law if the common interest requires it.
CIVIC RIGHTS
17. No person shall be convicted of crimes except for violation of a law in force at the time of the commission of that act charged as an offence. nor shall he be subjected to a penalty greater than that applicable at the time of the commission of the offence. 18. No person shall be tried for the same offence more than once nor shall he be compelled in any criminal case to be a witness against himself. 19. Full faith and credit shall be given throughout the territories of the Union to the law. the public Acts and records. and the judicial proceedings of the Union and every Unit thereof and the manner in which and the conditions under which such Acts. records and proceedings shall be proved and the effect thereof de• terInined shall be prescribed by the law of the Union. 20. Final civil judgments delivered in any Unit shall be executed throughout the Union subject to such conditions as may be prescribed by the law of the Union. 21. Every citizen. whether within or without the territory of Union. shall be entitled to the protection of the Union in his relations with foreign states. 22. No citizen shall be handed over to a foreign government for prosecution or punishment save in accordance with law.
RIGHTS TO CONSTITUTIONAL REMEDIES
23. (I) The right to move the Supreme Court by appropriate proceedings for the enforcement of any the rights conferred by this Chapter is hereby guaranteed. (2) Without prejudice to the powers that may be invested in this behalf in other courts. the Supreme Court shall have power to issue directions in the nature of the Habeas Corpus. mandamus. prohibition. quo warranto and certiorari appropriate to the right guaranteed in this part of the Constitution. (3) The right to enforce these remedies shall not be suspended unless when. in cases of rebellion. or invasion. or grave emergency. the public safety may require it. 24. The Union legislature may by law determine to what extent of the rights guaranteed by this part shall be restricted or Initigated for the members of the armed forces or forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline. 25. The Union legislature shall make laws to give effect to the provisions of this Chapter which require such legislation and to prescribe punishments for those acts which are declared to be offences in this Chapter and are not already punishable. ECONOMIC RIGHTS
I. The means of production in the hands of the Union are explOIted by the Union itself or given to others for exploitation. 2. Foreign trade is under the control of the Union. 3. In order to protect the vital interests of the people, to further the people's prosperity and the right use of all economic Potentialities and forces, the Union directs the economic life and development of the country in accordance with a general economic plan, relying on the States and co-operative economic sectors, while achIeving a general control over the private economic sector.
RIGHTS OF WOMEN
I. Women have equal rights with men in all fields of state, economic and social-political life. 2. Women have the right to the same pay as that received by men for the same work and as workers or employees they enjoy special protection. 3. The Union especially protects the interests of mothers and children by the establishment of maternity hospitals, children's homes and day-nurseries and by the right of mothers to leave with pay before and after childbirth.
RIGHTS TO HEALTH AND EDUCATION
I. The Union promotes the improvement of public health by organising and controlling health services. hospitals pharmacies, sanatoria, nursing and conva• lescent homes and other health institutions. 2. The Union extends its care to the physical education of the people, especially young people, in order to increase the health and working capacity of the people and the power of defence of the Union. 3. The Union pays special attention to the young and protects their education. 4. Schools are Union-owned. The founding of private schools may be per• mitted only by law and their work is controlled by the Union.
DIRECTIVE PRINCIPLES OF UNION POLICY
I. The principles set out in this Chapter are intended for the general guidance of the Union. The application ofthese principles in Legislation and Administration shall be the care of the Union. 2. The Union shall direct its policy to secure to each citizen (1) the right to work ( (ii) the right to maintenance in old age and during sickness or loss of capacity to work, (iii) the right to rest and leisure. (iv) the right to education. In particular the Union should make provision for free and compulsory primary education. 3. The Union shall promote with special care the educational and economic interests of the weaker and backward sections of the people and shall protect them from social injustice and all forms of exploitation.
249 4. The Union shall regard the raising of the standard of its people and the improvement of public health as among its primary duties. 5. The Union shall ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that they shall not be forced by economic necessities to take up occupations unsuited to their sex, age and strength. 6. The economic life of the Union is determined and protected by the National Economic Plans with the aim of increasing the public wealth, of steadily im• proving the material conditions of the people and raISing their cultural level, of consolidating the independence of the Union and strengthening its defensive capacity. There can be no large land holdings on any basis whatsoever. The maximum size of private land holdings will be determined by law. 7. The Union shall have the right to regulate, alter or abolish tenures or resume possession of any land and distribute the same for collective or c0- operative farming or to agricultural tenants. 8. By economic and other measures the Union may assist workers to associate and organise themselves for protection against economic exploitation. The Union shall protect the workers by assuring them the right of association, by limiting the working day, by ensuring the right to annual holidays, by controlling working conditions, by devoting attention to housing conditions and by social insurance. 9. The Union shall direct its policy to give material assistance to national economic organisations not working for profit. Preference will be given to c0- operative and similar economic organisations. 10. All useful arts and sciences and research institutes shall enjoy the pro• tection and support of the Union. II. (I) The means of production in the Union are either the property of the entire people, or the property of the peoples' co-operative organisations or else, the property of private persons or legal entities. (2) All forests and all material and other wealth under-ground, the waters including medicinal and mineral waters, the sources of natural power, the rail transport, posts, telephones and broadcasting are national property. (3) The means of production which are the property of private persons may be acquired by the Union according to law. 12. The property of the entire people is the mainstay of the Union in the development of the National Economy. The property of the entire people is under the special protection of the Union. The administration and disposal of the property of the entire people shall be determined bylaw.
250 APPENDIX V
MEMBERS OF THE CONSTITUTION DRAFTING COMMITTEES,. CONSTITUENT ASSEMBLY, JUNE - SEPTEMBER, 1947
CONSTITUTION COMMITTEE
I. Bogyoke Aung San (present 31. U Aung Than. member - Thakin Nu). 32. Thakin San We. 2. Thakin Mya (present member - 33. U Ba Gyan (Katha). Henzada U Mya). 34. U Kyin Saw. 3. U Kyaw Nyein. 35. Bo Po Kun. 4. U Mya (Pyawbwe). 36. Thakin Tin Tun. 5. U Ba Choe (present member - 37. Mr. E. Barnard. U Mya Sein). 3S. Mahn Ba Khaing (present member 6. Mr. Razak (present member - U - Saw Norton Bwa). Thein Myint). 39. Saw San Po Thin. 7. U Tin Tilt. 40. Mahn Win Maung. S. U Ba Win (present member - Saw 41. Saw Ba Yin. KyawYin). 42. Sra Abe. 9. UBaGyan. 43. Saw Were Gyaw. 10. Bo Aung. 44. Sima Duwa Hsinwa Nawng. II. U Kyaw Myint. 45. Waban Zau Rip. 12. U Lun Baw. 46. Duwa Zan Lawn. 13. U Tin (Myanaung). 47. U Vum Ko Hau. 14. Thakin Tin. 48. USa Vut. 15. Bo Sein Hman. 49. Capt. Mang Tung Nung. 16. Bo Aung Gyi. 50. Saophalong of Mongpawn (present 17. UWin. member - Saophalong of IS. U Tun Win (Henzada). Hsamonghkam) . 19. U Ba Thi. 5 I. Saophalong of Mongmit. 20. U Tha Din. 52. Saophalong of Ywanghwe. 21. U Tun Pe. 53. U Htun Ong. 22. U Sein Bwa. 54. U Kyaw Dun. 23. U Khin Maung Lat (Myaung-mya) 55. U Htun Myint (Taunggyi). 24. Bo Tun Lin. 25. Thakin Lwin. CO-OPTED MEMBERS 26. Thakin Chit Maung. 27. U Pe Khin. (Members of the Constituent Assembly) 2S. U Khin Maung Glay. 56. U Htat Laing. 29. U San Tun Aung. 57. Labang Grong. 30. Bo Nyo Tun. 58. Saw Johnson D. Po Min. • Burma's Fight for Freedom, Government Information, 1948. 59. Bo Aung Myaing. 4. Mon Tun Yin. 60. Tai Ba Han. 5. Bo Aung Gyi. 61. Bo Hla Kyaing. 6. Daw Khin Hla. 62. Daw Khin Hla. 7. Sra Hla Min. 63. U Yawn Tu Mawng. 8. Saophalong of Mongpawn (present member- Saophalong ofMongmit). (Non-members of the Constituent 9. Duwa Zau Lawn. Assembly) 10. U Vum Ko Hau. 64. U Tin Aye. 65. The Hon'ble Justice Sir Ba U. CO-OPTED MEMBERS 66. SirMyaBu. 67. The Hon'ble Justice U E Maung. (Non-members of the Constituent 68. Sir Maung Gyee. Assembly) 69. U Soe Nyun. II. U Ngwe Ghine. 70. M. A. Rashid. 12. U Ohn Lwin. 71. Mr. Zora Singh. 13. Dagon Saya Tin. 14. U Ba Than. STEERING COMMITTEE 15. U Khin Zaw. 16. U Htin Fatt. I. U Aung San (present member - 17. U Thein Han (O.S.D., Constituent ThakinNu). Assembly). 2. Thakin Mya (present member - ULunBaw). CONSTITUTION DRAFTING COMMITTEE 3. Mahn Ba Khaing (present member U Mya (Pyawbwe)). I. President of the Assembly (Chair- 4. U San Tun Aung. man). 5. UPeKhin. 2. Thakin Nu. 6. U Kyaw Myint. 3. U Tin Tiit. 7. UWin. 4. ULunBaw. 8. Mahn Win Maung. 5. Thakin Tin. 9. Saw Norton Bwa. 6. Thakin Tin Tun. 10. Bo Tun Lin. 7. Mahn Win Maung. II. Saophalong of Mongpawn 8. UBa Thi. (present member - Saophalong of 9. U Kyaw Myint. Mongmit). 10. Mr. A. Rivers. 12. U Tun Myint. II. Bo Tun Lin. 13. U Vum Ko Hau. 12. Saw Norton Bwa. 14. Sima Duwa Hsinwa Nawng. 13. Saophalong of Mongmit. 14. Labang Grong. STATE FLAG, SONG AND SEAL 15. U Vum Ko Hau. COMMITTEE 16. U Tin (Myanaung).
I. U Ba Choe (present member - CO-OPTED MEMBERS Thakin Tin). 2. U Aung Zan Wai. (Members of the Constituent Assembly) 3. Bomhu Aung. 17. UTunPe. (Non-members of the Constituent Assembly)
18. SirMyaBu. 23. U Wun (University College). 19. Sir Maung Gyee. 24. U Myo Min (University College). 20. The Hon'ble Justice Sir Ba U. 25. U Thein Han (O.S.D., Constituent 21. The Hon'ble Justice U E Maung. Assembly). 22. M. A. Rashid.
OFFICERS OF THE BURMA CONSTITUENT ASSEMBLY
President- The Hon'ble Sao Shwe Thaike, Saophalong of Yawnghwe.
Panel Chairmen- Mahn Kan Aye, U San Tun Aung, U Khin Maung Lat, Sima Duwa Hsinwa Nawng, U Vum Ko Hau, U Kyaw Nyein, Boh Po Kun and the Saophalong of Tawngpeng.
Constitutional Advisor - U Chan Htoon.
Secretary - UTun Tin.
Deputy Secretary - U Sein.
A ssistant Secretaries - U Ba Thaung, U Khin Maung Than, U Nan Nwe and U Thoung.
Officer on SPecial Duty - UTheinHan.
253 APPENDIX VI
MOTION TO ADOPT DRAFT CONSTITUTION(*)
Prime Minister U Nu's speech in the Constituent Assembly on September 24, I947, moving the adoption of the Constitution of the Union of Burma:
MR. PRESIDENT - Sir, I rise to move that the Constitution of the Union of Burma as amended be adopted. Sir, in this connection may I be permitted to make a few observations? A Draft Constitution is in the nature of a foundation and just as one can surmise from the foundation of a building whether it would be oblong, circular or square in shape, so also an examination of a Draft Constitution will enable us to find out what its nature would be, whether it would be Leftist, Rightist, Centre or whether it would be retrogressive. It will be necessary for me therefore to explain what Burma, built on this foundation, will be. I might say, at once, that it will be Leftist. And a Leftist country is one in which the people working together to the best of their power and ability strive to convert the natural resources and produce of the land, both above ground and below ground, into consumer commodities to which everybody will be entitled each according to his need. In a Leftist country there will be no such thing as a handful of people holding the monopoly over the inexhaustible wealth of the land while the poor and the starving grow more and more numerous. Then again, in such a country the aim of production is not profit for the few but comfort and the happiness of a full life for the many. Lastly in a Leftist country there will be no distinction between the employer class and the employed class, or to put it simply there will be no such thing as the master-class and the govemed-class. That briefly put, Sir, is what I mean by a Leftist country. In the Draft Constitution which this Assembly is now to approve there are many features which bear the seeds of such a country, and those who have made a study of it will see them plainly. That is why I say from the start that Burma will be a Leftist country. It might well be asked why we have not sought to remain in the Centre nor to tend towards the Right; why we tend to the Left. To grasp fully the answer to this question we have to be well up in the subject of Burma's economy. Burma is a rich country but are the Burmese a wealthy people? They are not. The wealth of Burma has been enjoyed firstly by the big British capitalists, next the Indian capitalists, and next the Chinese capitalists. Burmans are at the bottom, in poverty, and have to be content with the left over and chewed over bones and scraps from the table of foreign capitalists. All along, whether they liked it or not, the Burmese people have had to bow to this state of affairs. You see, they had not the political power to put an
• Translation is from Burma's Fifhlf01' FreetlMn, Government Press, 1948; in Burmese in Constituent Assembly Pr0cue4;flgS, vol. 3, No.8, pp. 339-345· immediate end to that state of affairs. The moment we have the power, we will have to do away with this unfair, one-sided economic system. But that will not be all. I want the House to bear in mind that we will have to construct a new economy in the place of the one to be abolished. The question then arises as to whether this can be effected by the substitution of Burma capitalists in the place of foreign capitalists and whether by this means it will be possible to convert the unfair, one-sided bad economy into fair and equitable good economy. At first glance, it might seem that it will be something to the good if Burmans are to enjoy now what formerly foreign capitalists enjoyed. Actually it would be, as they say, 'The new Presbyter is the old Priest writ large.' Mere change of garb will not mend matters. The only difference so far as I can see is that the blood• sucking 'trousers and dhoties' will be replaced by pasoes. This however is not what we want. Not by any means. If it were merely a change of garb we shall not touch it. We must remember that happily for us all we are now entirely free of racial feelings. At such a time as this far be it from us to arouse racial feelings by stooping to a mere change of garb. We are out to crush that evil economic system whereby a handful of people hold the monopoly, while the masses of Burma remain in endless poverty. It is immaterial who cause the perpetuation of this evil system - British, Indian, Chinese or Burman. The evil system must go. If, on the other hand, a good system is available in which exploitation is no more, everybody contributing his share and getting his share, then let everybody join in British, Indian, Chinese, Burmese - and work it unitedly. We are ready to accept it. This is the only way to enable the Burmese masses to live a full life, the poor masses, who have never known such a thing in their life. A mere change of garb without changing the system will leave the poor masses as poor as ever. We will have now none of it. Freedom for Burma will be meaningful only when there is freedom for the masses. That freedom which merely implies the substitution of the pasoes for 'trousers and dhoties' will be meaningless so far as we are concerned. I wish to emphasize, therefore, that in order to enjoy meaning• ful freedom the new Burma that we are about to construct must tend towards the Left. But, Sir, there are people who would plant a mango tree to-day and expect to eat its fruit to-morrow. To them, the Constitution we have drafted will seem not strong enough, not expeditious enough. May I take this opportunity to dis• abuse the minds of such people? 'Rome was not built in a day' is the saying. It is easy to conceive in the mind things to do for the good of the country as it is difficult to get them actually done. Were it not so, as the world-famed dramatist Shakespeare has said chapels would have become cathedrals and huts and hovels lordly mansions long ago. Our heart's desire is to un-earth buried treasure to-day and distribute it to the masses of Burma to-morrow. We know how fine that would be if only we could do it. But even treasure hunters have their difficulties. Buried treasure is guarded by all sorts of ghosts, demons, monsters, and chimeras. These have to be contended with. Having conquered them we may start digging. But even while digging we must beware of traitors in our midst, whose treachery or cowardice at
255 the critical hour may ruin everything. Lastly what about the power and the stamina of the leader? If we do not take into consideration these practical difficulties but content ourselves with mere theoretical speculations on what will be good and grand we will be only wasting time and energy, and end in getting nothing done. However, to proceed, after the Russian Revolution of 1917, two ideologies became current - one was to start revolutions in all countries of the world and to secure firm and sure foundations in all countries of the world and an• other to secure firm and sure foundations for Socialism in Russia itself. The adherents of the former school of thought was led by Trotsky and the latter by Lenin. A study of both these ideologies reveal that both exponents are agreed that Socialism will stand safe and secure in Russia only when there are revolu• tions all over the-world and Socialism is established in all the countries. There is but one point of difference, and that is immediate action versus deferred action; action only after one has made oneself strong. In the post-Revolution period of excitement the general feeling was that Trotsky's 'immediate action' rang true and sound. But looking back now it will be seen that history has proved the soundness of Stalin's view. Now, Sir, the ideology that Burma needs to-day is not Trotsky's 'Immediate action' regardless of the consequences, but Lenin's 'Get strong first' everything else afterwards. The credo of our late lamented leader Bogyoke is the latter. The House and the whole country know this so well that I need hardly dilate on it. What, then, is of the first and greatest inportance to Burma? It is nothing else than the urgency of getting strong and I would urge in all earnestness that we bend all our energies to that end. The stronger we are the more strongly can we go ahead. The statement I have made may be taken to mean that Burma is still lacking in strength. If truth must be told Burma is. There is no need to be ashamed offacing the fact that Burma is not yet strong. Don't ever minimise the disabilities and disadvantages which have resulted from 60 years of subjection to British Imperialists way with their divide and rule policy. It is true that we are united, thanks to our beloved leader Bogyoke. It is true that the Shans, Chins, Jingphaws, Karens and Burmans having seen things in their true perspective, have shed their past and are becoming more united than ever before. But, the House must not forget even for a single moment, that the unity among the indigenous races is only in the initial stages and that it is still tender and frail. We shall have to strain every nerve to make this unity stand firm as a pillar of rock, unshakeable. And now, Sir, a word about the administrative machinery. The machinery left to us as a legacy by the British is very much outdated and out-worn and more• over is incapable of coping with present-day needs and requirements efficiently. And in the frame-work of that administration, there still exists a number of thieves and parasites who would suck the Burmese masses bone-dry, and who have no scruples whatever about 'botanising on their mother's grave: if they have the opportunity. But, I hope the House will not rush to the conclusion that there is not a single good man in the administration. I hasten to give the assurance, that there are a great many who are honest, loyal, patriotic, and prepared to sink their individual selves and make sacrifices for the sake of the country. We must now do our best to modernize the administrative machinery which we have inherited from the British, and bring it up to that pitch of effi• ciency demanded by modern standards. We must also develop our natural resources, in order to enable Burmese masses to live a full life. This will, of course, take time. We can't expect to eat the mango fruit of the mango tree we planted only yesterday. This can only be done by conjuring tricks. But a mango produced in that way can only be seen and cannot be tasted. Far be it from us to hook• wink the country by such tricks. I want to explain clearly to the House that the country will have to practice patience some lIttle time before it can hope to see the tangible results of what we have done, in various spheres, for the masses. And now, may I be permitted, Mr. President, to take this opportunity to say a few words to those who can speak and act only in terms of Moscow. I have every reverence and respect for and rely on the Soviet Union which stands as the bulwark of all depressed countries of which Burma is one. But, I do wish the House to agree with me when I say that in formulating our schemes which are to be put into practical application it will not do to place sole reliance on the Soviet Union. Had Burma been in close proximity to the Soviet Union like Czechoslovakia, Bulgaria, Yogoslavia, there is reason to think that the situation in Burma may be quite different. But, Burma which is at least 3,000 miles away from the U.S.S.R., cannot think in terms of such countries as Czechoslovakia. Sir, I am afraid I have taken up much of the time of the House, but before I conclude, may I say this? The Draft Constitution which is now before the House, contains the seeds of the freedom which is not the freedom of the favoured few but which is the freedom of the Burmese masses. But, however good the seed may be, the gardener must also be efficient. The gardeners in Burma are none other than the hon'ble members of this House. Keeping at heart the good of the masses who are at present sunk in the depths of poverty I urge the hon'ble members to lavish all the care and attention that seedling of Burma's freedom immanent in the Constitution, and make it sprout and grow into a great and flourishing tree of magnificent foliage. During the sessions of this assembly the hon'ble members have shown great qualities of uprightness, far-sightedness, nobleness of attitude and conception. If they but carry such qualities in the future to whatever task they address them• selves no problem can withstand the edge of such weapons. I firmly believe therefore that they as gardeners, must succeed in raising this tender seedling into Burma's magnificent tree of freedom. Sir, I beg to move that the Bill of the Draft Constitution for Burma be adopted.
257 APPENDIX VII
THE CONSTITUTION OF THE UNION OF BURMA
PREAMBLE
WE, THE PEOPLE OF BURMA including the Frontier Areas and the Karenni States, Determined to establish in strength and unity a SO VEREIGN INDEPEND• ENT STATE, TO maintain social order on the basis of the eternal princiPles of JUSTICE, LIBERTY AND EQUALITY AND To guarantee and secure to all citizens JUSTICE social, economic and political; LIBERTY of thought, expression, belief, faith, worship, vocation, association and action; EQUALITY of status, of opportunity and before the law, IN OUR CONSTITUENT ASSEMBLY this Tenth day of Thadingyut waxing, I309 B.E. (Twenty-fourth day of September, I947 A.D), DO HEREBY ADOPT, ENACT AND GIVE TO OURSEL VES THIS CONSTITUTION. CHAPTER I FORM OF STATE
I. Burma is a Sovereign Independent Republic to be known as 'the Union of Burma'. 2. The Union of Burma shall comprise the whole of Burma, including - (i) all the territories that were heretofore governed by His Britannic Majesty through the Governor of Burma, and (ii) the Karenni States. 3. The sovereignty of the Union resides in the people. 4. All powers, legislative, executive and judicial, are derived from the people and are exercisable on their behalf by, or on the authority of, the organs of the Union or of its constituent units established by this Constitution. 5. The territories that were heretofore known as the Federated Shan States and the Wa States shall form a constituent unit of the Union of Burma and be hereafter known as 'the Shan State'. 6. The territories that were heretofore known as the Myitkyina and Bhamo Districts shall form a constituent unit of the Union of Burma and be hereafter known as 'the Kachin State'. 7. The territories that were heretofore known as the Karenm States, viz., Kantarawaddy, Bawlake and Kyebogyi, shall form a constituent unit of the Union of Burma and be hereafter known as 'the Karenni State. '1 8. All powers, legislative, executive and judicial, in relation to the remaining territories of the Union of Burma shall, subject to the provisions of section 180 be exercisable only by, or on the authority of, the organs of the Union.·
I. The name is changed to 'Kayah', by s. 8 of The Constitution AmE'ndment Act, 1951. 2. Substituted: 'subject to the provisions of ss. 180 and 181'; the two sections as amended by The Constitution Act, have established the Karen State. CHAPTER II
FUNDAMENTAL RIGHTS
DEFINITION OF 'STATE'
9. In this Chapter and in Chapters III and IV, the term 'State' means the executive or legislative authority of the Union or of the unit concerned according as the context may require. CITIZENSHIP
10. There shall be but one citizenship throughout the Union; that is to say, there shall be no citizenship of the unit as distinct from the citizenship of the Union. II. (i) Every person, both of whose parents belong or belonged to any of the indigenous races of Burma; (ii) every person born in any of the territories included within the Union, at least one of whose grand-parents belong or belonged to any of the indigenous races of Burma; (iii) every person born in any of the territories included within the Union, of parents both of whom are, or if they had been alive at the commence• ment of this Constitution would have been, citizens of the Union; (iv) every person who was born in any of the territories which at the time of his birth was included within His Britannic Majesty's dominions and who has resided in any ofthe territories included within the Union for a period of not less than eight years in the ten years immediately preceding the date of the commencement of this Constitution or immediately preceding the 1st January 1942 and who intends to reside permanently therein and who signifies his election of citizenship of the Union in the manner and within the time prescribed by law, shall be a citizen of the Union. 12. Nothing contained in section II shall derogate from the power of the Parliament to make such laws as it thinks fit in respect of citizenship and alienage and any such law may provide for the admission of new classes of citizens or for the termination of the citizenship of any existing classes.
RIGHTS OF EQUALITY
13. All citizens irrespective of birth, religion, sex or race are equal before the law; that is to say; there shall not be any arbitrary discrimination between one citizen or class of citizens and another. 14. There shall be equality of opportunity for all citizens in matters of public employment and in the exercise or carrying on of any occupation, trade, business or profession. 15. Women shall be entitled to the same pay as that received by men in respect of similar work.
259 RIGHTS OF FREEDOM
16. No citizen shall be deprived of his personal liberty, nor his dwelling entered, nor his property confiscated, save in accordance with law. 17. There shall be liberty for the exercise of the following rights subject to law, public order and morality: - (i) The right of the citizens to express freely their convictions and opinions. (ii) The right of the citizens to assemble peaceably and without arms. (ill) The right of the citizens to form associations and unions. Any association or organization whose object or activity is intended or likely to undermine the Constitution is forbidden. (iv) The right of every citizen to reside and settle in any part of the Union, to acquire property and to follow any occupation, trade, business or profession. lB. Subject to regulation by the law of the Union trade, commerce and intercourse among the units shall be free: - Provided that any unit may by law impose reasonable restrictions in the interests of public order, morality, health or safety. 19. (i) Traffic in human beings, and (ii) forced labour in any form and involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall be prohibited. Explanation: - Nothing in this section shall prevent the State from imposing compulsory service for public purposes without any discrimination on grounds of birth, race, religion or class.
RIGHTS RELATING TO RELIGION
20. All persons are equally entitled to freedom of conscience and the right freely to profess and practise religion subject to public order, morality or health and to the other provisions of this Chapter. Explanation I: - The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice. Explanation 2: - The freedom guaranteed in this section shall not debar the State from enacting laws for the purpose of social welfare and reform. 21. (I) The State recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the Union. (2) The State also recognizes Islam, Christianity, Hinduism and Animism as some of the religions existing in the Union at the date of the coming into operation of this Constitution. (3) The State shall not impose any disabilities or make any discrimination on the ground of religious faith or belief. (4) The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution and may be made punishable by law.
CULTURAL AND EDUCATIONAL RIGHTS
22. No minority, religious, racial or linguistic, shall be discriminated against in regard to admission into State educational institutions nor shall any religious instruction be compulsorily imposed on it.
ECONOMIC RIGHTS
23. (I) Subject to the provisions of this section, the State guarantees the right of private property and of private initiative in the economic sphere. (2) No person shall be permitted to use the right of private property to the detriment of the general public. (3) Private monopolist organizations, such as cartels, syndicates and trusts formed for the purpose of dictating prices or for monopolizing the market or otherwise calculated to inj ure the interests ofthe national economy, are forbidden. (4) Private property may be limited or expropriated if the public interest so requires but only in accordance with law which shall prescribe in which cases and to what extent the owner shall be compensated. (5) Subject to the conditions set out in the last preceding sub-section, individual branches of national economy or single enterprises may be nationalized or acquired by the State by law if the public interest so requires.
RIGHTS IN RELATION TO CRIMINAL LAW
24. No person shall be convicted of crime except for violation of a law in force at the time of the commission of the act charged as an offence, nor shall he be subjected to a penalty greater than that applicable at the time of the commission of the offence.
RIGHTS TO CONSTITUTIONAL REMEDIES
25. (I) The right to move the Supreme Court by appropriate proceedings for the enforcement of any of the rights conferred by this Chapter is hereby guaranteed. (2) Without prejudice to the powers that may be vested in this behalf in other Courts, the Supreme Court shall have power to issue directions in the nature of Habeas Corpus, mandamus, prohibition, quo warranto and certiorari appropriate to the rights guaranteed in this Chapter. (3) The right to enforce these remedies shall not be suspended unless, in times of war, invasion, rebellion, insurrection or grave emergency, the public safety may so require. 26. Every citizen, whether within or beyond the territories of the Union, shall be entitled to claim. the protection of the Union in his relations with foreign States. 27. Except in times of invasion, rebellion, insurrection or grave emergency, no citizen shall be denied redress by due process of law for any actionable wrong done to or suffered by him. 28. The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfilment of their duties and the maintenance of discipline. 29. The Parliament shall make laws to give effect to those provisions of this Chapter which require such legislation and to prescribe punishments for those acts which are declared to be offences in this Chapter and are not already punishable.
CHAPTER III
RELATIONS OF THE STATE TO PEASANTS AND WORKERS
30. (I) The State is the ultimate owner of all lands. (2) Subject to the provisions of this Constitution, the State shall have the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or co-operative farming or to agricultural tenants. (3) There can be no large land holdings on any basis whatsoever. The maximum size of private land holding shall, as soon as circumstances permit, be determined by law. 31. By economic and other measures the State may assist workers to associate and organize themselves for protection against economic exploitation. The State shall protect workers by legislation intended to secure to them the right of association, to limit their hours of work, to ensure to them the right to annual holidays and to improve working conditons, and as soon as circumstances permit by promoting schemes for housing and social insurance.
CHAPTER IV
DIRECTIVE PRINCIPLES OF STATE POLICY
32. The principles set forth in this Chapter are intended for the general guidance of the State. The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court of law. 33. The State shall direct the policy towards securing to each citizen• (i) the right to work, (ii) the right to maintenance in old age and during sickness or loss of capacity to work, (iii) the right to rest and leisure, and (iv) the right to education. In particular the State shall make provision for free and compulsory primary education. 34. The State shall pay special attention to the young and promote their education. 35. The State shall promote with special care the educational and economic interests of the weaker and less advanced sections of the people and shall protect them from social injustice and all forms of exploitation. 36. The State shall regard the raising of the standard of living of its people and the improvement of public health as among its primary duties. 37. (I) The State shall ensure that the strength and health of workers and the tender age of children shall not be abused and that they shall not be forced by economic necessity to take up occupations unsuited to their sex, age and strength. (2) The State shall specially direct its policy towards protecting the interests of nursing mothers and infants by establishing maternity and infant welfare centres, children's homes and day nurseries and towards securing to mothers in employment the right to leave with pay before and after child birth. 38. The State shall promote the improvement of public health by organizing and controlling health services, hospitals, dispensaries, sanatoria, nursing and convalescent homes and other health institutions. 39. The State shall take special care of the physical education of the people in general and of the youth in particular in order to increase the health and working capacity of the people and in order to strengthen the defensive capacity of the State. 40. The State shall ensure disabled ex-Servicemen a decent living and free occupational training. The children of fallen soldiers and children orphaned by war shall be under the special care of the State. 41. The economic life of the Union shall be planned with the aim of increasing the public wealth, of improving the material conditions of the people and raising their cultural level, of consolidating the independence of the Union and strengthen• ing its defensive capacity. 42. The State shall direct its policy towards giving material assistance to economic organizations not working for private profit. Preference shall be given to co-operative and similar economic organizations. 43. All useful arts and sciences, research and cultural institutes and the study of Pali and Sanskrit shall enjoy the protection and support of the State. 44. (I) The State shall direct its policy towards operation of all public utility undertakings by itself or local bodies or by peoples' co-operative organizations. (2) The State shall direct its policy towards exploitation of all natural resources in the Union by itself or local bodies or by peoples' co• operative organizations. CHAPTER V
THE PRESIDENT
45. There shall be a President of the Union hereinafter called 'the President' who shall take precedence over all other persons throughout the Union and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law. 46. The President shall be elected by both Chambers of Parliament in joint session by secret ballot. Subject to the provisions of this Chapter, election to the office of the President shall be regulated by an Act of the Parliament. 47. (I) The President shall not be a member of either Chamber of Parliament. (2) If a member of either Chamber of Parliament be elected President, he shall be deemed to have vacated his seat in that Chamber. (3) The President shall not hold any other office or position of emolument. 48. (I) The President shall hold office for five years from the date on which he enters upon his office, unless before the expiration of that period he resigns or dies, or is removed from office, or becomes permanently incapacitated. (2) No person shall serve as President for more than two terms in all. 49. No person shall be eligible for election to the office of President unless he - (i) is a citizen of the Union who was, or both of whose parents were, born in any of the territories included within the Union, and (ii) is qualified for election to the Union Parliament. 50. The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter, or in the event of his predecessor's removal from office, resignation, permanent incapacity or death, as soon as may be after his own election. 51. The President shall enter upon his office by making and subscribing publicly in the presence of both Chambers of Parliament assembled and of the judges of the Supreme Court, the following declaration: - ' ...... do solemnly and sincerely promise and declare that I will maintain the Constitution of the Union and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, that I will diligently avert every injury and danger to the Union and that I will dedicate myself to the service of the Union.' 52. The President shall not leave the Union during his term of office save on the advice of the Union Government. 53. The President shall summon the Parliament for the purpose of electing a new President, during the three months preceding the expiration of his term of office. 54. (I) The President may be impeached for• (i) high treason; (ii) violation of the Constitution; or (iii) gross misconduct. (2) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section. (3) A proposal to either Chamber of Parliament to prefer a charge against the President under this section shall not be entertained except upon a notice of resolution in writing signed by not less than one-fourth of the total membership of that Chamber. (4) No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber supported by not less than two-thirds of the total membership thereof. (5) When a charge has been preferred by one Chamber of Parliament, the other Chamber shall investigate the charge or cause the Charge to be investigated. (6) The President shall have the right to appear and to be represented at the investigation of the charge. (7) If, as the result of the investigation, a resolution be passed, supported by not less than two-thirds of the total membership of the Chamber of Parliament by which the Charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the offence, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office. 55. The President shall have an official residence and shall receive such emoluments and allowances as shall be prescribed by law. Emoluments and allowances of the President shall not be varied during his term of office. 56. (I) The President shall, on the nomination of the Chamber of Deputies, appoint a Prime Minister who shall be the head of the Union Govern• ment. (2) The President shall, on the nomination of the Prime Minister, appoint other members of the Union Government. (3) The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any member of the Union Government. 57. The Chamber of Deputies shall be summoned, prorogued or dissolved by the President on the advice of the Prime Minister: Provided that, when the Prime Minister has ceased to retain the support of a majority in the Chamber, the President may refuse to prorogue or dissolve the Chamber on his advice and shall in that event forthwith call upon the Chamber to nominate a new Prime Minister: Provided further that, if the Chamber fails to nominate a new Prime Minister within fifteen days, it shall be dissolved. 58. (I) Every Bill, passed or deemed to have been passed by both Chambers of Parliament, shall require the signature of the President for its enactment into law. (2) The President shall promulgate every law enacted by the Parliament. 59. Subject to the provisions of this Constitution, the executive authority of the Union shall be vested in the President; but nothing in this section shall prevent the Parliament from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions vested in any court, judge, or officer, or any local or other authority by any existing law. 60. The right of pardon shall be vested in the President. 61. (I) The President may communicate with the Parliament by message or address on any matter of national or public importance. (2) The President may also address a message to the nation at any time on any matter. 62. (I) The President shall not be answerable to either Chamber of Parlia• ment or to any Court for the exercise or performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions. (2) The behaviour of the President may, however, be brought under review in either Chamber of Parliament for the purpose of section 54, or by any Court, tribunal or body, appointed or designated by either Chamber of Parliament for the investigation of its charges under the said section. (3) The validity of anything purporting to have been done by the Presi• dent under this Constitution shall not be called in question on the ground that it was done otherwise than in accordance with the provisions contained or referred to in the next succeeding section. 63. (I) The powers and functions conferred on the President by this Consti• tution shall be exercisable and performable by him only on the advice of the Union Government, save where it is provided by this Consti• tution that he shall act in his discretion or on the advice or nomination of or on receipt of any communication from any other person or body. (2) The question whether any, and if so, what advice, nomination or communication was tendered to or received by the President shall not be enquired into in any Court. 64. (I) In the event of the death, resignation, removal from office, absence or incapacity whether temporary or permanent, of the President, or at any time at which the office of the President may be vacant, the powers and functions conferred on the President by this Constitution shall be exercised and performed by a Commission constituted as hereinafter provided. (2) The Commission shall consist of the following persons, namely, the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. (3) Such judge of the Supreme Court as has been appointed to perform the duties of the Chief Justice, or if there is no such judge, then the senior available judge of the Supreme Court, shall act as a member of the Commission in place of the Chief Justice on any occasion on which the office of the Chief Justice is vacant or on which the Chief Justice is unable to act. (4) The Deputy Speaker of the Chamber of Nationalities shall act as a member of the Commission in the place of the Speaker of the Chamber
266 of Nationalities on any occasion on which the office of the Speaker of the Chamber is vacant or on which the said Speaker is unable to act. (5) The Deputy Speaker of the Chamber of Deputies shall act as a member of the Commission in place of the Speaker of the Chamber on any occasion on which the office of the Speaker of the Chamber of Deputies is vacant or on which the said Speaker is unable to act. (6) The Commission may act by any two of its members and may act notwithstanding a vacancy in its membership. (7) The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by this Constitution shall apply to the exercise and performance of the said powers and functions under this section.
CHAPTER VI
PARLIAMENT
PART 1. - GENERAL
65. The legislative power of the Union shall be vested in the Union Parliament which shall consist of the President, a Chamber of Deputies and a Chamber of Nationalities and which is in this Constitution called 'the Parliament' or 'the Union Parliament'. 66. There shall be a session of the Parliament once at least in every year so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. 67. (I) The Chamber of Deputies shall, as soon as may be, choose two members of the Chamber to be respectively the Speaker and the Deputy Speaker thereof, and, so often as the office of the Speaker or Deputy Speaker becomes vacant, the Chamber shall choose another member to be Speaker or Deputy Speaker, as the case may be. (2) A member holding office as Speaker or Deputy Speaker of the Chamber shall vacate his office if he ceases to be a member ofthe Chamber, may at any time resign his office by writing under his hand addressed to the President, and may be removed from his office by a resolution of the Chamber passed by a majority of the then members of the Chamber; but no resolution for the purpose of this sub-section shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided that, whenever the Chamber is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Chamber after the dissolution. (3) While the office of the Speaker is vacant the duties of his office shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is also vacant, by such member of the Chamber as the President may appoint for the purpose, and during the absence of the Speaker from any sitting of the Chamber the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Chamber, or, if no such person is present, such other person as may be determined by the Chamber, shall act as Speaker. (4) There shall be paid to the Speaker and the Deputy Speaker of the Chamber such salaries as may be respectively determined by an Act of the Parliament. (5) The foregoing provisions of this section shall apply in relation to the Chamber of Nationalities as they apply in relation to the Chamber of Deputies with the substitution of references to the Chamber of Nationalities for references to the Chamber of Deputies. 68. (I) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Parliament, there shall be freedom of speech in the Parliament, and no member of the Parliament shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Parliament or any Committee thereof, and no person shall be so liable in respect of publication by or under the authority of a Chamber of the Parliament of any report, paper, votes, or proceedings. (2) In other respects, the privileges of members of either Chamber of Parliament shall be such as may, from time to time, be defined by an Act of the Parliament and, until so defined, shall be such as were immediately before the commencement of this Constitution enjoyed by members of the Legislature of Burma. 69. (I) All questions at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Constitution, be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) The number of members necessary to constitute the quorum of either Chamber for the exercise of its powers shall be determined by its rules. (3) A Chamber of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so sat or voted or otherwise took part in the proceedings. (4) Without prejudice to the generality of the foregoing provisions, the Chamber of Nationalities shall have power to act notwithstanding the failure of any unit to provide for its representation in the Chamber. 70. All official reports and publications of the Parliament or of either Chamber thereof shall be absolutely privileged. 71. The Parliament may make provision by law for the payment of salaries and allowances to the members of each Chamber in respect of their duties as
268 public representatives and for the grant to them of such travelling and other facilities in connection with their duties as the Parliament may determine. 72. Every member of either Chamber of Parliament shall before taking his seat make and subscribe before the President, or some person authorized by him, an oath or affirmation of allegiance in the form set forth in the First Schedule to this Constitution. 73. (I) No person may at the same time be a member of both Chambers of Parliament, and, if any person who is already a member of either Chamber becomes a member of the other Chamber, he shall forthwith be deemed to have vacated his first seat. (2) If a member of either Chamber- (a) becomes subject to any of the disqualifications mentioned in sub• section (I) of the next succeeding section; or (b) by writing under his hand addressed to the President resigns his seat, his seat shall thereupon become vacant. (3) If for a period of thirty days a member of either Chamber is without permission of the Chamber absent from all meetings thereof, the Chamber may declare his seat vacant: Provided that in computing the said period of thirty days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days. 74· (I) Any person who - (i) is under any acknowledgment of allegiance or adherence to a foreign Power, or is a subject or citizen or entitled to the rights and privileges of a subject or a citizen of a foreign Power; or (ii) is an undischarged bankrupt or insolvent; or (iii) is of unsound mind and stands so declared by a competent Court; or (iv) holds any office of profit in the service of the Union or of any unit other than an office declared by an Act of the Parliament not to disqualify its holder; or (v) whether before or after the commencement of this Constitution, has been convicted or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of an offence or corrupt or illegal practice relating to elections which has been declared by an Act of the Legislature of Burma or of the Parliament to be an offence or practice entailing disqualification for membership of the Legislature or of the Parliament, unless such period has elapsed as may be specified in that behalf in the provisions of that Act; or (vi) whether before or after the commencement of this Constitution, has been convicted, in any of the territories included within the Union, of any other offence, and has, in either case, been sentenced to transporta• tion or to imprisonment for not less than two years, unless a period of five years or such less period as the President may, in his discretion, allow in any particular case, has elapsed since his release; or (vii) having been nominated as a candidate for the Parliament or having acted as an election agent of any person so nominated, has failed to lodge a return of the election expenses within the time and in the manner required by any Order made under this Constitution or by any Act of the Parliament, unless five years have elapsed from the date by which the return ought to have been lodged, or the Presi• dent, in his discretion, has removed the disqualification; shall be disqualified for being chosen as and for being a member of either Chamber: Provided that a disqualification under paragraph (vii) of this sub• section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged, or of such longer period as the President acting in his discretion may, in any particular case, allow. (2) A person shall not be qualified for being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence: Provided that, where the sentence does not exceed two years, the President may in his discretion remove such disqualification. (3) Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (v) or paragraph (vi) of sub-section (I) of this section is at the date of the disqualifica• tion a member of a Chamber, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualifi<::ation until three months have elapsed from the date thereof, or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but, during any period wherein his membership is preserved by this sub-section, he shall not sit or vote. 75. If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of section 74 or before he has complied with the requirements of section 72 he shall be liable in respect of each day on which he so sits or votes to a penalty of rupees one thousand to be recovered as a debt due to the Union Government. 76. (I) Every citizen, who has completed the age of twenty-one years and who is not placed under any disability or incapacity by this Consti• tution or by law, shall be eligible for membership of the Parliament. (2) Every citizen, who has completed the age of eighteen years and who is not disqualified by law and complies with the provisions of the law regulating elections to the Parliament, shall have the right to vote at any election to the Parliament. (3) There shall be no property qualification for membership of the Parliament or for the right to vote at elections to the Parliament. (4) No law shall be enacted or continued placing any citizen under disability or incapacity for membership of the Parliament on the ground of sex, race or religion or disqualifying any citizen from
270 voting at elections to the Parliament on any such ground: Provided that notwithstanding anything contained in section 21 (3), members of any religious order may by law be debarred from voting at any such elections or from being a member of either Chamber of Parliament. (5) Voting shall be by secret ballot. 77. Subject to the provisions of this Constitution, all matters relating to elections for either Chamber of Parliament including the delimitation of consti• tuencies, the filing of casual vacancies, and the decision of doubts and disputes arising out of or in connection with such elections shall be regulated in accordance with law. 78. The Parliament may by law prescribe the conditions under and the man• ner in which a member of either Chamber of Parliament may be recalled. 79. Every member of the Union Government and the Attorney-General shall have the right to speak in, and otherwise take part in the proceedings of, either Chamber, any joint sitting of the Chambers and any Committee of the Parliament of which he may be named a member, but he shall not by virtue of this section be entitled to vote. 80. (I) Each Chamber of the Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) The President, after consultation with the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies, may make rules as to the procedure with respect to joint sittings of, and com• munications between, the two Chambers. (3) At a joint sitting of the two Chambers the Speaker of the Chamber of Nationalities, or in his absence the Speaker of the Chamber of Deputies or such person as may be determined by rules of procedure made under this section, shall preside. 8!. No discussion shall take place in the Parliament with respect to the conduct of any judge of the Supreme Court or of the High Court in the discharge of his duties, except upon a resolution for the removal of the judge as provided in this Constitution. 82. (I) The validity of any proceedings in the Parliament shall not be called in question in any Court on the ground of any irregularity of procedure. (2) The Speaker of the Chamber of Deputies or the Speaker of the Chamber of Nationalities or any other member of either Chamber of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business or for maintaining order in the Chamber shall not be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.
PART II - CHAMBER OF DEPUTIES
83. (I) The Chamber of Deputies shall be composed of members who rep• resent constituencies determined by law. Provision shall, however,
27 1 be made to reserve such number of seats as may be proportionate to the population of Karens to be 1illed by their representatives.1 (2) The number of members of this Chamber shall be, as nearly as practicable, twice the number of members of the Chamber of Nation• alities. The number of members shall from time to time be fixed by law but the total number of the members of the Chamber of Deputies shall not be fixed at less than one member for each 100,000 of the population, or of more than one member for each 30,000 of the population. (3) The ratio between the number of members to be elected at any time for a constituency and the population of that constituency, as ascertained at the last preceding census, shall, so far as practicable, be the same for all constituencies throughout the Union, except in the case of the constituencies of the Special Division of the Chins (referred to in Part V of Chapter IX) and the Karenni State, in respect of which the ratio may be higher. (4) The Parliament shall revise the constituencies at least once in every ten years, with due regard to changes in the distribution of the population, but any alteration in the constituencies shall not take effect until the termination of the then existing Parliament. 84. (I) The general election for members of the Chamber of Deputies shall take place not later than sixty days after the dissolution of the Chamber. Polling at every general election shall, as far as practicable, take place on the same day throughout the Union.3 (2) The Chamber of Deputies shall meet within sixty days from the pollingday.3 85. Every Chamber of Deputies shall continue for four years from the first meeting of the Chamber: Provided that the Chambers of Parliament may by resolution passed by not less than two-thirds of the members present and voting at a joint sitting extend the said period from year to year in the event of a grave emergency declared by Proclamation under section 94 : Provided further that the Chamber of Deputies may be dissolved by the President at any time as provided by section 57. 86. (I) As soon as possible after the presentation to the Chamber of Deputies under Chapter VII of the estimates of receipts and estimates of
I. The reservation of Karen seats is abolished by The Constitution Amendment Act, 1951. 2. The following proviso has been added: 'Provided that the polling at the first general election need not be on the same day throughout the Union so long as the last polling day fixed for the general election falls before the 4th. January, 1951. (Burma Gazette, 1951, Part I, page 167) 3. 'Provided that the Chamber of Deputies of the first Parliament duly constituted under Chapter VI of the Constitution shall meet within sixty days from the last polling day fixed under the proviso to section 84, sub-section I. (Burma Gazette, 1951, Part I, page 167). expenditure of the Union for any financial year, the Chamber shall consider the estimates. (2) Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the financial resolutions of each year shall be enacted within that year. (3) The Chamber of Deputies shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys, unless the purpose of the appropriation shall have been recommended to the Chamber by the Union Government.
PART III - CHAMBER OF NATIONALITIES
87. There shall be one hundred and twenty-five seats in the Chamber of Nationalities as allocated in the Second Schedule to this Constitution. 88. (x) A dissolution of the Chamber of Deputies shall operate also as a dissolution of the Chamber of Nationalities. (2) The general election for the Chamber of Nationalities shall be com• pleted not later than the fifteenth day from the first meeting of the Chamber of Deputies held after the dIssolution. 89. The first meeting of the Chamber of Nationahties after the general election shall take place on a date to be fixed by the President on the advice of the Prime Mmister.
PART IV - POWERS OF THE PARLIAMENT
90. Subject to the provisions of this Constitution, the sole and exclusive power of making laws in the Union shall be vested in the Parliament: Provided that an Act of the Parliament may authorize any person or authority therein specified to make rules and regulations consonant with the Act and having the force of law, subject, however, to such rules and regulations being laid before each Chamber of Parhament at its next ensuing session and subject to annulment by a motion carried in both Chambers within a period of three months of their being so laid, without prejudice, however, to the validity of any action previously taken under the rules or regulations. 9x. Provision may, however, be made by law on principles of regional autono• my for delegating to representative bodies of such regions as may be defined in the law, specified powers in administrative, cultural and econoInic matters. A law embodying such provisions shall determine the rights, powers and duties of such representative bodies and their relations to the Parliament and to the Union Government. 92. (x) The Parliament shall have power to make laws for the whole or any part of the Union except in so far as such power is assigned by the next succeeding sub-section exclusively to the State Councils. For greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that, notwith• standing anything in the next succeeding sub-section, the exclusive
273 legislative authority of the Parliament shall extend to all matters enumerated in List I of the Third Schedule to this Constitution (hereinafter called 'the Union Legislative List'). Any matter coming within any of the classes of subjects enumerated in the said List, shall not be deemed to come within the class of mat• ters of a local or private nature comprised in the list of subjects assigned by the next succeeding sub-section exclusively to the State Councils. (2) Each State Council shall have power exclusively to make laws for the State or any part thereof with respect to any of the matters enumer• ated in List II of the said Schedule (hereinafter called 'the State Legislative List'). (3) Any State Council may by resolution surrender any of its territories or any of its powers and rights to the Union. 93. The powers exercisable by the Union by reason of the entry in the Union Legislative List relating to the regulation of forests, mines and oil-fields and mineral development, shall be subject to the condition that before the issue of any certificate, licence, or other form of authorization, for the exploitation, development or utilization of any forest, mine or oil-field, the issuing authority shall consult the Union Minister for the State concerned. 94. (I) Notwithstanding anything in section 92, the Parliament shall, if the President has declared by Proclamation (in this Constitution referred to as a 'Proclamation of Emergency'), that a grave emergency exists whereby the security of the Union is threatened, whether by war or internal disturbance, or that a grave economic emergency affecting the Union has arisen in any part of the Union, have power to make laws for a State or any part thereof with respect to any of the matters enumerated in the State Legislative List. (2) Nothing in this section shall restrict the power of a State Council to make any law which under this Constitution it has power to make, but if any provision of a State law is repugnant to any provision of a Union law which the Parliament has under this section power to make, the Union law, whether passed before or after the State law, shall prevail, and the State law shall, to the extent of the repugnancy, but so long only as the Union law continues to have effect, be in• operative. (3) A Proclamation of Emergency - (a) may be revoked by a subsequent Proclamation, and (b) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Chambers of Parliament: Provided that, if and so often as a resolution approving the continu• ance in force of such a Proclamation is passed by both Chambers of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this sub-section it would otherwise have ceased to operate.
274 (4) A law made by the Parliament which it would not but for the issue of a Proclamation of Emergency have been competent to make shall cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. 95. If it appears to the State Councils of two or more States to be desirable that any of the matters enumerated in the State Legislative List should be regulated in these States by an Act of the Parliament, and if resolutions to that effect are passed by those State Councils, it shall be lawful for the Parliament to pass an Act for regulating that matter accordingly; but any Act so passed may, as respects any State to which it applies, be amended or repealed by an Act of the State Council. 96. (I) All revenues from the sources enumerated in the Fourth Schedule to this Constitution shall form part of the revenues of the State in or by which they are raised or received. (2) All revenues other than such as are assigned to the States by the last preceding sub-section shall form part of the revenues of the Union: Provided that the Union may make such grants or contributions out of its revenues in aid of the revenues of the units as it may determine to be necessary upon the recommendations of any Board or other authority appointed for the purpose. 97. (I) The right to raise and maintain military, naval and air forces is vested exclusively in the Parliament. (2) No military, naval or air forces, or any military or semi-military organization of any kind (not being a police force maintained under the authority of any unit solely for duties connected with the mainte• nance of public order) other than the forces raised and maintained by the Union with the consent of the Parliament shall be raised or maintained for any purpose whatsoever.
PART V - LEGISLATION
98. Every Bill initiated in and passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities and may, unless it be a Money Bill, be amended in the Chamber of Nationalities and sent back to the Chamber of Deputies for its consideration. 99. Every Bill, other than a Money Bill, may be initiated in the Chamber of Nationalities and if passed by the Chamber, shall be sent to the Chamber of Deputies which may amend the Bill and send it back to the Chamber of National• ities for its consideration. 100. A Bill passed by one Chamber and accepted by the other Chamber shall be deemed to have been passed by both Chambers of Parliament. 101. A Bill which appropriates revenue or money for the ordinary annual services of the Government shall deal only with such appropriations. 102. Bills imposing taxation shall deal only with imposition of taxation and any provision therein dealing with any other matter shall be of no effect.
275 Money Bills
103. Money Bills shall be initiated in the Chamber of Deputies only. 104. Every Money Bill passed by the Chamber of Deputies shall be sent to the Chamber of Nationalities for its recommendations. 105. (I) Every Money Bill sent to the Chamber of Nationalities for its rec• ommendations shall, within twenty-one days after it shall have been sent to the Chamber of Nationalities, be returned to the Chamber of Deputies which may accept or reject all or any of the recommenda• tions of the Chamber of Nationalities. (2) If such Money Bill is not returned by the Chamber of Nationalities to the Chamber of Deputies within twenty-one days or is returned within twenty-one days with recommendations which the Chamber of Deputies does not accept, it shall be deemed to have been passed by both Chambers at the expiration of twenty-one days. 106. (I) A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the revenues of the Union or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guaranteeing of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them. (2) In this definition the expressions 'taxation', 'revenues of the Union' and 'loan', respectively, do not include any taxation, money or loan raised by local authorities or bodies for local purposes. 107. (I) The Speaker of the Chamber of Deputies shall certify any Bill which in his opinion is a Money Bill to be 'a Money Bill' and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive. (2) The Chamber of Nationalities may, by a resolution passed at a sitting at which not less than two-thirds of the total members are present, request the President to refer the question whether the Bill is or is not 'a Money Bill' to a Committee of Privileges. (3) If the President in his discretion decides to accede to the request, he shall appoint a Committee of Privileges consisting of an equal number of members of the Chamber of Deputies and of the Chamber of Nationalities and a Chairman who shall be a judge of the Supreme Court. In the case of an equality of votes but not otherwise the Chairman shall be entitled to vote. (4) The President shall refer the question to the Committee of Privileges so appointed and the Committee shall report its finding thereon to the President within twenty-one days after the day on which the Bill was sent to the Chamber of Nationalities. (5 )The decision of the President, in his discretion, on such report shall be final. 108. If the President, in his discretion, decides not to accede to the request of the Chamber of Nationalities or if the Committee of Privileges fails to report within the time hereinbefore specified, the certificate of the Speaker of the Cham• ber of Deputies shall stand confirmed. 109. If one Chamber passes any other Bill, and the other Chamber rejects or fails to pass it, or passes it with amendments to which the Chamber where the Bill originated will not agree, the President shall convene a joint sitting of the two Chambers. The members present at the joint sitting may deliberate and shall vote together upon the Bill as last passed by the Chamber where the Bill originated and upon amendments, if any, which have been made therein by the other Chamber, and if the Bill with the amendments, if any, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed to have been passed by both Chambers: Provided that at a joint sitting - (a) if the Bill, having been passed by one Chamber is rejected by the other Chamber and returned to the Chamber in which it originated, no amendment shall be proposed to the Bill other than such amendments, if any, as are made necessary by the delay in the passage of the Bill; (b) if the Bill is, however, passed by the other Chamber with amend• ments and returned to the Chamber in which it originated, only such amendments as aforesaid and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed, shall be proposed to the Bill; and the decision of the person presiding as to the amendments which are admissible under this section shall be final. 110. (I) If at any time when both Chambers of Parliament are not in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. An Ordi• nance promulgated under this section shall have the same force and effect as an Act of the Parliament assented to by the President. (2) Every such Ordinance shall be laid before both Chambers of Parlia• ment within forty-five days from the date of promulgation thereof, unless it shall have been withdrawn earlier by the President, and shall cease to operate at the expiration of fifteen days from the re-assembly of the Chamber of Deputies or the Chamber of Nationalities, which• ever is later: Provided that the President may, with the consent of both Chambers of Parliament, extend the Ordinance for such further period as may be deemed necessary. (3) If the Ordinance shall have been withdrawn within forty-five days from the date of its promulgation, it shall be laid before the Parlia• ment in its next ensuing session.
277 (4) Ifand in so far as an Ordinance under this section makes any provision which the Parliament would not under this Constitution be competent to enact, it shall be void.
Signing and Promulgation III. (I) As soon as any Bill shall have been passed by both Chambers of Parliament, it shall be presented to the President for his signature and promulgation as an Act in accordance with the provisions of this section. (2) Save as otherwise provided by this Constitution every Bill so presented to the President shall be signed by him not later than seven days after the date of presentation. (3) If any Bill is not signed by the President within seven days after the date of presentation, the same shall become an Act in the like manner as if he had signed it on the last of the said seven days. 112. (I) Every Bill signed or deemed to have been signed by the President under this Constitution shall become an Act on and from the date on which the Bill shall have been signed or be deemed to have been signed. (2) Every such Act shall be promulgated by the President by publication under his direction in the official gazette. Every Act shall come into force on the date of such promulgation unless the contrary intention is expressed. 113. The signed texts of Acts and Ordinances shall be enrolled for record in the office of the Registrar of the Supreme Court and such signed texts shall be conclusive evidence of the provisions of such Acts and Ordinances.
CHAPTER VII
THE UNION GOVERNMENT
114. The Union Government shall consist of the Prime Minister and other members appointed under section 56. 115. The Government shall be collectively responsible to the Chamber of Deputies. 116. A member of the Government who for any period of six consecutive months is not a member of the Parliament shall at the expiration of that period cease to be a member of the Government. 117. (I) The Prime Minister may resign from office at any time by placing his resignation in the hands of the President. (2) Any other member of the Government may resign from office by placing his resignation in the hands of the Prime Minister for sub• mission to the President and the resignation shall take effect upon its being accepted by the President under the next succeeding sub• section. (3) The President shall accept the resignation of a member of the Govern- ment, other than the Prime Minister, if so advised by the Prime Minis• ter. lIB. The Prime Minister may, at any time, for reasons which to him seem sufficient request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Prime Minister so advises. II9. The Prime Minister shall resign from office upon his ceasing to retain the support of a majority in the Chamber of Deputies unless on his advice the President dissolves the Parliament under section 57 and on the re-assembly of the Parliament after the dissolution the Prime Minister secures the support of a majority in the Chamber of Deputies. 120. (I) If the Prime Minister at any time resigns from office, the other members of the Government shall be deemed also to have resigned from office, but the Prime Mmister and the other members of the Government shall continue to carryon their duties until their suc• cessors shall have been appointed. (2) The members of the Government in office at the date of dissolution of the Parliament shall continue to hold office until their successors shall have been appointed. I2I. (I) All executive action of the Union Government shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rulesl to be made by the President and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (3) The President shall make rules for the transaction of the business of the Union Government, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the President is by or under this Constitution required to act in his discretion. Without prejudice to the generality of the foregoing provisions the allocation of business may be regionwise as well as subjectwise. 122. Subject to the provisions of this Constitution, the executive authority of the Union extends- (a) to the matters with respect to which the Parliament has power to make laws; and (b) to the governance, in accordance with the provisions of any treaty or agreement in this behalf, of any Armed Forces not raised in the Union that may, with the consent of the Government of the Union, be stationed in the Union or placed at the disposal ofthe Union. 123. (I) War shall not be declared and the Union shall not participate in any war save and except with the assent of the Parliament. I. Rules of Executive Business, in Burma Gazette, 1948 Part I, 204; 1949 Part I, 424; 1956, Part I, 1259.
279 (2) In the case of actual or imminent invasion, however, the Government may take whatever steps they may consider necessary for the protection of the Union, and the Parliament if not sitting shall be summoned to meet at the earliest possible date. 124. The Prime Minister shall keep the President generally informed on all matters of domestic and international policy. 125. (I) The Government shall prepare estimates of receipts and estimates of expenditure of the Union for each financial year, and shall present them to the Chamber of Deputies for consideration. (2) The procedure to be adopted in the Chambers of Parliament with respect to the submission of estimates of expenditure, the appro• priation of the revenues of the Union and all matters connected therewith shall, in so far as provision is not made in that behalf by this Constitution, be regulated in accordance with law.
ATTORNEY-GENERAL
126. (I) The President shall appoint a person,1 being an advocate of the High Court, to be Attorney-Generall on the nomination of the Prime Minister. (2) It shall be the duty of the Attorney-General to give advice to the Government upon legal matters and to perform such other duties of a legal character, as may, from time to time, be assigned to him by the President. 127. (I) The Attorney-General may, at any time, resign from office by placing his resignation in the hands of the Prime Minister for submission to the President. (2) The Prime Minister may, for reasons which to him seem sufficient, request the resignation of the Attorney-General. (3) In the event of failure to comply with the request, the appointment of the Attorney-General shall be terminated by the President if the Prime Minister so advises. (4) The Attorney-General shall resign from office upon the resignation of the Prime Minister, but may continue to carry on his duties until the successor to the Prime Minister shall have been appointed. (5) Subject to the foregoing provisions of this Constitution, the office of the Attorney-General, including the remuneration to be paid to the holder of the office, shall be regulated by law.
AUDITOR-GENERAL
128. There shall be an Auditor-General to control on behalf of the Union all disbursements and to audit all accounts of moneys administered by and under the authority of the Parliament and the State Councils. I. The Attorney-General Act, 1948. 2. Burma Gazette, 1952 Part I, 215.
280 129. The Auditor-General shall be appointed by the President with the approval of both Chambers of Parliament and shall only be removed from office in the like manner and on the like grounds as a Judge of the High Court. The Auditor-General shall not be a member of either Chamber of Parliament nor shall he hold any other office or position of emolument. He shall not be eligible for further office in the service of the Union or the States after he has ceased to hold office. 130. Neither the salary of the Auditor-General nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union. 131. The Auditor-General shall submit to the Chamber of Deputies, at such periods as may be determined by law, reports relating to the accounts of the Union and the States. 132. Subject to the foregoing provisions, the terms and conditions of the office of the Auditor-General shall be determined by law.
CHAPTER VIII
UNION JUDICIARY
133. Justice throughout the Union shall be administered in Courts established by this Constitution or by law and by judges appointed in accordance therewith. 134. The Courts shall comprise Courts of first instance and Courts of appeal: - (a) The Courts of first instance shall include a High Court which shall, subject to law, have original and appellate jurisdiction and power to determine all matters and questions whether of law or of fact. (b) The head of the High Court shall be called 'the Chief Justice of the High Court'. 135. (I) The High Court shall have exclusive original jurisdiction - (a) in all matters arising under any treaty made by the Union; (b) in all disputes between the Union and a unit or between one unit and another; (c) in such other matters, if any, as may be defined by law. (2) If the High Court is satisfied that a case pending in any inferior Court involves or is likely to involve substantially a question of the validity of any law having regard to the provisions of this Constitution, the High Court shall transfer the case to itself for trial. 136. (I) The Court of final appeal shall be called 'the Supreme Court'. (2) The head ofthe Supreme Court shall be called 'the Chief Justice ofthe Union'. (3) Without prejudice to the powers conferred upon the Supreme Court by any other provisions of this Constitution, the Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High
28r Court, and shall also have appellate jurisdiction from such decisions of other Courts as may be prescribed by law. 137. No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involved questions as to the validity of any law having regard to the provisions of this Constitution. 138. The decisions of the Supreme Court shall in all cases be final. 139. (I) Every person appointed a judge of the Supreme Court and of the High Court under this Constitution shall make and subscribe the following declaration: - 'I ...... do solemnly and sincerely promise and declare that 1 will duly and faithfully to the best of my knowledge and ability execute the office of the Chief Justice (or judge as the case may be) without fear or favour, affection or ill-will towards any man, and that 1 will uphold the Constitution and the laws.' (2) This declaration shall be made and subscibed by the Chief Justice of the Union in the presence of the President, and by each of the other judges of the Supreme Court and of the judges of the High Court in the presence of the Chief Justice of the Union or the senior available judge ofthe Supreme Court. (3) The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President. (4) Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have declined to accept the appointment. 140. (I) The Chief Justice of the Union shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parliament in joint sitting. (2) All the other judges of the Supreme Court and all the judges of the High Court shall be appointed by the President by an order under his hand and seal, with the approval of both Chambers of the Parlia• ment in joint sitting. 141. All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the laws. 142. (I) A person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of the Union who was or whose parents were born in any of the territories included within the Union, or unless he has been for at least five years a citizen of the Union; and (a) has been for at least five years a judge ofthe High Court of Judicature at Rangoon or ofthe High Court established under this Constitution; or (b) is an advocate of the High Court of at least fifteen years' standing: Provided that a person shall not be qualified for appointment as Chief Justice of the Union unless he - (i) is, or when first appointed to judicial office was, an advocate, and (ii) is an advocate of at least fifteen years' standing. (2) A person shall not be qualified for appointment as a judge of the High Court unless he is a citizen of the Union; and (a) is an advocate of at least ten years' standing; or (b) has for at least five years held judicial office in Burma or in the Union not inferior to that of a district and sessions judge or Chief Judge of the Rangoon City Civil Court: Provided that a person shall not be qualified for appointment as the Chief Justice of the High Court unless he - (i) is, or when first appointed to judicial office was, an advocate, and (ii) is an advocate of at least fifteen years' standing. (3) In computing for the purpose of this section the standing of an advo• cate, any period during which he has held judicial office after he became an advocate shall be included. 143. (I) A judge of the Supreme Court or ofthe High Court may by resignation under his hand addressed to the President resign his office. (2) A judge of the Supreme Court or of the High Court shall not be re• moved from office except for proved misbehaviour or incapacity. (3) The charge shall be preferred by either Chamber of Parliament subject to and in accordance with the provisions of this section. (4) A proposal to either Chamber of Parliament to prefer a charge under this section shall not be entertained except upon a notice of resolution signed by not less than one-fourth of the total membership of that Chamber. (5) No such proposal shall be adopted by either Chamber of Parliament save upon a resolution of that Chamber, supported by a majority of the members present. (6) Where the charge relates to a judge of the Supreme Court it shall be investigated by a Special Tribunal consisting of the President or a person appointed by him in his discretion, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. Where the charge relates to a judge of the High Court it shall be investigated by a Special Tribunal consisting of the Chief Justice of the Union, the Speaker of the Chamber of Nationalities and the Speaker of the Chamber of Deputies. (7) The judge against whom the charge is preferred shall have right to appear and to be represented at the investigation of the charge. (8) The Special Tribunal shall, after investigation, submit its report to the Chamber by which the charge was preferred. The finding of the Special Tribunal declaring that the charge has not been proved, if unanimous, shall be final. But in all other cases, the report of the Special Tribunal shall be considered by both Chambers of Parliament in joint sitting. If, after consideration, a resolution be passed supported by a majority of the members present and voting at the joint sitting declaring that the charge preferred against the judge has been proved and that the misbehaviour was, or incapacity is, such as to render him unfit to continue in office, the President shall forthwith by an order under his hand and seal remove from office the judge to whom it relates. 144. Neither the salary of a judge of the Supreme Court or of the High Court nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment, unless he voluntarily agrees to any reduction in his salary in the event of general economy and retrenchment in relation to all the services of the Union. . 145. If the office of the Chief Justice of the Union or of the Chief Justice of the High Court becomes vacant, or if either of them is, by reason of absence or for any other reason, unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties thereof, or until the Chief Justice of the Union or of the High Court, as the case may be, has resumed his duties, be performed by such other judge of the Supreme Court or of the High Court as the President may appoint for the purpose. 146. (I) If at any time there should not be a quorum of the judges of the Supreme Court available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or otherwise, or to the disqualification of a judge or judges, the Chief Justice or any acting Chief Justice of the Union, or in their absence, the senior puisne judge, may in writing request the attendance at the sittings ofthe Court, for such period as may be necessary, of a judge of the High Court, to be designated in writing by the Chief Justice or any acting Chief Justice or in their absence the senior puisne judge of the Supreme Court. (2) It shall be the duty of the judge, whose attendance has been so requested or who has been so designated, in priority to the other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance shall be required, and while so attending he shall possess the powers and privileges and shall discharge the duties of a puisne judge of the Supreme Court. 147. If the office of any puisne judge of the High Court becomes vacant, or if any such judge is by reason of absence, or for any other reason, unable to perform the duties of his office, the President may in his discretion appoint a person duly qualified for appointment as a judge to act as a judge of the Court, and the person so appointed shall, unless the President in his discretion thinks fit to revoke his appointment, be deemed to be a judge of the Court, until some person appointed under sub-section (2) of section 140 of this Constitution to the vacant office has entered on the duties thereof, or until the permanent judge has resumed his duties. 148. The Supreme Court and the High Court shall be courts of record and shall sit in the capital city of the Union and at such other place or places as the President may, after consultation with the Chief Justice of the Union from time to time, appoint: Provided that one or more judges of the High Court shall sit at such place in the Shan State as the President may, after consultation with the Chief Justice of the Union, from time to time appoint. 149. Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law: - (i) The number of judges of the Supreme Court and of the High Court, the remuneration, age of retirement and pension of such judges; and (ii) The constitution and organization of such Courts, the distribution of business among the Courts and judges, their jurisdiction and all matters of procedure. 150. Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature by any person or body of persons duly authorized by law to exercise such functions or powers notwith• standing that such person or such body of persons is not a judge or a Court ap• pointed or established as such under this Constitution. 151. (I) If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President thereon. (2) No report shall be made under this section save in accordance with an opinion delivered in open Court with the concurrence of a majority of the judges present at the bearing of the case, but notbing in this sub-section shall be deemed to prevent a judge who does not concur from delivering a dissenting opinion. 152. Tbe law declared by the Supreme Court shall, so far as applicable, be recognized as binding on, and shall be followed by, all Courts within the territories subject to the jurisdiction of the Union. 153. The Parliament may make provision by an Act for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.
CHAPTER IX
PART I. - THE SHAN STATE
THE SHAN STATE COUNCIL
154. (I) All the members of the Parliament representing the Shan State shall constitute the Shan State Council. (2) All the representatives from the Shan State in the Chamber of Nationalities shall be elected by the Saohpas of the Shan State from among themselves. The Saohpas shall not be eligible for membership of the Chamber of Deputies. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected. 155. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate. 156. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the bill to the Supreme Court for its decision under the next succeeding section. 157. (I) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purposes of this section, be the decision of the Court. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council. 158. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Shan State. 159. The Head of the Shan State may from time to time summon and pro• rogue the State Council. Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.
286 GOVERNMENT OF THE SHAN STATE
160. A member of the Union Government to be known as the Minister for the Shan State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Shan State Council from among the members of the Parliament representing the Shan State. The Minister so ap• pointed shall also be the Head of the Shan State for the purposes of this Consti• tution. 161. (I) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civll services, to postings and transfers, and to disciplinary matters relating to these services. 162. (I) Subject to the provisions ofthis Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the State shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions. 163. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare. 164. (I) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union, in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget. 165. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head ofthe State, of the State Council and ofthe Cabinet of State Ministers, and their relations to each other and to the Union Government shall be determined bylaw. PART II. - THE KACHIN STATE
THE KACHIN STATE COUNCIL
166. (I) All the members of the Parliament representing the Kachin State shall constitute the Kachin State Council. (2) Of the twelve seats in the Chamber of Nationalities six shall be filled by representatives of the Kachins and the other six by those of the non-Kachins of the Kachin State. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected. 167. (I) A Bill prejudicially affecting any right or privilege which the Kachins or the non-Kachins, as a class or community, enjoyed immediately before the commencement of this Constitution, shall not be deemed to have been passed by the Council unless the majority of the members representing the Kachins or the non-Kachins, as the case may be, present and voting, have voted in its favour. (2) If any question arises in the State Council whether a Bill is of the character described in the last preceding sub-section, the presiding officer shall take the vote of the members representing the Kachins and those representing the non-Kachins in the Council separately on such question and if a majority of either class of members vote in the affirmative, the Bill shall be deemed to be of the character mentioned. 168. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate. x69. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section. x70. (x) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question In open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purposes of this section, be the decision of the Court. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return
288 the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council. 17I. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Kachin State. 172. The Head of the Kachin State may from time to time summon and prorogue the State Council: Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.
GOVERNMENT OF THE KACHIN STATE
173. A member of the Union Government to be known as the Minister for the Kachin State shall be appointed by the President on the noInination of the Prime Minister acting in consultation with the Kachin State Council from among the Kachin members of the Parliament representing the Kachin State. The Minister so appointed shall also be the Head of the Kachin State for the purposes of this Constitution. 174. (I) The Head of the State shall be in charge ofthe administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services: Provided that in respect of areas where the non-Kachins form the majority of the population, the Head of the State shall act only in consultation with the members representing the non-Kachins in the Cabinet in all such matters. x75. (x) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the State shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions: Provided that not less than one-half of the members of the Cabinet shall be non-Kachins. 176. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be present• ed to the Council, a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare. 177. (I) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget. 178. The provisions of Chapter X of this Constitution shall not apply to the Kachin State. 179. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State Ministers, and their relations to each other and to the Union Government shall be deter• mined bylaw.
PART Ill. - THE KAREN STATE
180. (I) The following areas, viz., (a) the Karenni State, (b) the Salween District, and (c) such adjacent areas occupied by the Karens as may be determined by a Special Commission to be appointed by the President shall, if the majority of the people of these three areas and of the Karens living in Burma outside these areas so desire, form a constituent unit of the Union of Burma to be known as the Karen State, which shall thereupon have the same status as the Shan State. (2) The procedure for ascertaining the desire of the majority in each of the cases mentioned in the last preceding sub-section shall be such as may be prescribed by the law of the Union.
KAW-THU-LAY
181. Until the Karen State is constituted under the last preceding section, the Salween District, and such adjacent areas occupied by the Karens may be determined by a Special Commission to be appointed by the President, shall be a Special Region to be known as Kaw-tku-lay, subject to the following provisions:- (I) All the members of the Chamber of Deputies representing Karens shall constitute the Karen Affairs Council. They shall co-opt not more than five members of the Chamber of Nationalities representing Karens. (2) A Member of the Union Government to be known as 'the Minister for Karen Affairs' shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Karen Affairs Council, from amongst the members of the Parliament representing Karens. (3) Subject to the powers of the Union Government - (i) the general administration of the Kaw-tku-lay Special Region and in particular all matters relating to recruitment to the civil services in Kaw-tku-lay, to postings and transfers, and to disciplinary matters relating to these services; (ii) all matters relating to schools and cultural institutions for Karens, and (iii) all matters affecting the special rights of the Karens under this Constitution shall be under the superintendence, direction and control of the Minister for Karen Affairs. (4) The Karen Affairs Council shall aid and advise the Minister in the discharge of his duties. (5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his duties until his successor shall have been elected. (6) Subject to the provisions of this Constitution, all matters relating to the power and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be deter• mined by law. 1
PART IV. - THE KARENNI STATE.-
182. (I) The territory heretofore known as Mongpai State in the Federated Shan States shall be acceded to the Karenni State if the majority of the people of the territory so desire. (2) The procedure for ascertaining the desire of the majority shall be such as may be prescribed by law. 183. (I) Until the Parliament otherwise provides (i) the Sawpkyas of Kantarawaddy, Bawlake and Kyebogyi shall represent the Karenni State in the Chamber of Nationalities; (ii) the Saopha of Mongpai shall also be one of the representatives of the Karenni State in the Chamber of Nationalities on the accession of Mongpai to the Karenni State under the last preceding section;
I. Sections 180 and 181 have been amended by The Constitution Amendment Act, 1951. 2. The name now is 'Kayah'. (iii) the Sawphyas and the Saopha shall not be eligible for membership of the Chamber of Deputies. (2) All the members of the Parliament representing the Karenni State shall constitute the Karenni State Council. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected. 184. The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate. 185. When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under the next succeeding section. 186. (I) The President may, in his discretion, refer any Bill presented to him under the last preceding section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (2) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purposes of this section, be the decision of the Court. (3) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (4) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (5) When the President has signed a Bill presented to him under the last preceding section, whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council. 187. The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karenni State. 188. The Head of the Karenni State may from time to time summon and prorogue the State Council: Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session. GOVERNMENT OF THE KARENNI STATE
189. A member of the Union Government to be known as the Minister for the Karenni State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karenni State Council from among the members of the Parliament representing the Karenni State. The Minister so appointed shall also be the Head of the Karenni State for the purposes of this Constitution. 190. (1) The Head of the State shall be in charge of the administration of the State, that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordmate to him. (2) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services. 191. (I) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State. (2) The Head of the State shall consult the State Council in all other matters relating to the State. (3) In order to facilitate the communication of the decisions and the views ofthe State Council to the Head ofthe State, the Council may at its first meeting after a general election elect from among its members or otherwise a State Minister or Ministers to aid and advise the Head of the State in the exercise of his functions. 192. The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be present• ed to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare. 193. (I) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (2) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget. 194. Subject to the provisions of this Constitution, all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the State Minister or Ministers and their relations to each other and to the Union Government shall be determined bylaw.
293 195. All the provisions in this Part (Part IV of Chapter IX) shall cease to have effect if and when the Karen State is constituted under section 180.1
PART v. - SPECIAL DIVISION OF THE CHINS
196. There shall be a Special Division of the Chins comprising such areas in the Chin Hills District and the Arakan Hill Tracts as may be determined by the President. 197. (I) A Chin Affairs Council shall be constituted consisting of all the mem• bers of the Parliament representing the Chins. (2) A member of the Union Government to be known as 'the Minister for Chin Affairs' shall be appointed by the President on the nomination of the Prime Minister, acting in consultation with the Chin Affairs Council, from amongst the members of the Parliament representing the Chins. (3) Subject to the powers of the Union Government - (i) the general administration of the Special Division and in particular all matters relating to recruitment to the civil services in the Special Division, to postings and transfers, and to disciplinary matters relating to these services, and (ii) all matters relating to schools and cultural institutions in the Special Division, shall be under the superintendence, direction and control of the Minister for Chin Affairs. (4) The Chin Affairs Council shall aid and advise the Minister in the discharge of his duties. (5) Any member of the Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council but he may continue to carry on his dutIes until his successor shall have been elected. 198. Subject to the provisions of this Constitution, all matters relating to the powers and duties of the Minister and of the Council and their relations to each other and to the Union Government shall be determined by law.
PART VI. - NEW STATES
199. The Parliament may by an Act admit to the Union a new State upon such terms and conditions including the extent of representation of the State in the Parliament as may be specified in the Act. 200. The Parliament may by an Act, with the consent of the Council of every State whose boundaries are affected thereby - (a) establish a new unit; (b) increase the area of any unit; (c) diminish the area of any unit; (d) alter the boundaries of any unit;
I. Repealed by The Constitution Amendment Act, 1951.
294 and may, with the like consent, make such supplemental, incidental and conse• quential provisions as the Parliament may deem necessary or proper.
CHAPTER X
RIGHT OF SECESSION
20X. Save as otherwise expressly provided in this Constitution or in any Act of Parliament made under section X99, every State shall have the right to secede from the Union in accordance with the conditions hereinafter prescribed. 202. The right of secession shall not be exercised within ten years from the date on which this Constitution comes into operation. 203. (x) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its State Council. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of members of the State Council concerned have voted in its favour. (2) The Head of the State concerned shall notify the President of any such resolution passed by the Council and shall send him a copy of such reso• lution certified by the Chairman of the Council by which it was passed. 204. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned. 205. The President shall appoint a Plebiscite Commission consisting of an equal number of members representing the Union and the State concerned in order to supervise the plebiscite. 206. Subject to the provisions of this Chapter, all matters relating to the exercise of the right of secession shall be regulated by law.
CHAPTER XI
AMENDMENT OF THE CONSTITUTION
207. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided. 208. (I) Every proposal for an amendment of this Constitution shall be in the form of a Bill and shall be expressed as a Bill to amend the Constitution. (2) A Bill containing a proposal or proposals for the amendment of the Constitution shall contain no other proposals. 209. (x) Such Bill may be initiated in either Chamber of Parliament. (2) After it has been passed by each of the Chambers of Parliament, the Bill shall be considered by both Chambers in joint sitting. (3) The Bill shall be deemed to have been passed by both Chambers in joint sitting only when not less than two-thirds of the then members of both Chambers have voted in its favour. (4) A Bill which seeks to amend- (a) the State Legislative List in the Third Schedule, or
295 (b) the State Revenue List in the Fourth Schedule, or (c) an Act of the Parliament making a declaration under paragraph (iv) of sub-section (I) of section 74 removing the disqualification of any persons for membership of the Parliament as representative from any of the States shall not be deemed to have been passed at the joint sitting of the Chambers unless a majority of the members present and voting, representing the State or each of the States concerned, as the case may be, have voted in its favour. (5) A Bill which seeks to abridge any special rights conferred by this Constitution on Karens or Chins shall not be deemed to have been passed by the Chambers in joint sitting unless a majority of the members present and voting, representing the Karens1 or the Chins, as the case may be, have voted it in its favour. 210. Upon the Bill being passed in accordance with the foregoing provisions of this Chapter, it shall be presented to the President who shall forthwith sign and promulgate the same. CHAPTER XII
INTERNATIONAL RELATIONS
211. The Union of Burma renounces war as an instrument of national policy, and accepts the generally recognized principles of international law as its rule of conduct in its relation with foreign States. 212. The Union of Burma affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality. 213. (I) Every international agreement to which the Union becomes a party shall be laid before the Parliament. (2) No international agreement requiring or likely to require legislation in order to give efiect thereto shall be ratified except with the approval of the Parliament. (3) No international agreement involving a charge upon the revenues of the Union shall be ratified unless the terms of the agreement shall have been approved by the Chamber of Deputies. EsPlanation: - This section shall not apply to intergovernmental agreements or conventions of a technical or administrative character. 214. No international agreement as such shall be part of the municipal law of the Union, save as may be determined by the Parliament.
CHAPTER XIII
GENERAL PROVISIONS
215. The National Flag shall be rectangnlar in shape and red in colour with a canton of dark blue. In the canton shaall be a five-pointed large white star with J. Delete 'the Karens', The Constitution Amendment Act. five smaller similar stars between the points. One of the five points of each star, large or small, shall direct upwards. The dimensions of the Flag shall be nine feet by five feet and the canton shall be four feet by two and a half feet. The size of the large star shall be such that a circle drawn through the five points shall have a diameter of eighteen inches and the smaller stars nine inches. National Flags of other sizes shall conform as nearly as possible to the above proportions. 216. The official language of the Union shall be Burmese, provided that the use of the English language may be permitted. 217. Two copies of the Constitution shall be made, one in the Burmese language and the other in the English language, both copies to be signed by the President of the Constituent Assembly and enrolled for record in the office of the Registrar of the Supreme Court. Such copies shall be conclusive evidence of the provisions of this Constitution. 218. No certificate,licence or other form of authorization for the operation of any public utility service shall be granted by the Union or by a State except to - (i) organizations controlled by the Union or by a State or by local authorities, or (ii) citizens of the Union, or (iii) companies or other associations organized under the laws in force in the Union, not less than sixty per cent of whose capital is owned by the Union or by any State or by any local authority or by citizens of the Union; nor shall such certificate, licence or authorization be granted by the Union or by a State to any individual, firm or company for a longer period than twenty-five years and except under the condition that it shall be subject to amendment, alteration or repeal by law when the public interest so requires. 219. All timber and mineral lands, forests, water, fisheries, InineraIs, coal, petroleum and other mineral oils, all sources of potential energy and other natural resources shall be exploited and developed by the Union; provided that subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union may grant the right of exploitation, development or utilization of the same to the citizens of the Union or to companies or associations at least sixty per cent of the capital of which is owned by such citizens: Provided further that no such right shall be granted by the Union except under the condition that it shall be subject to amendment, alteration or repeal by the Parliament when the public interest so requires. No certificate, licence, or other form of authorization for the exploitation, development or utilization of any of the aforesaid natural resources of the Union shall be granted in future for a period exceeding twenty-five years or be renew• able for a further period exceeding twenty-five years. 220. Subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union shall not grant any agricul• turalland for the exploitation, development or utilization to any persons other than the citizens of the Union. 221. The Parliament shall, by law, set up a Public Service Commission to
297 assist the Union Government in matters relating to recruitment to the civil services of the Union, and to advise in disciplinary matters affecting the services. The composition, powers and functions of the Commission and the terms of service of its members shall be defined by an Act of the Parliament.
INTERPRETATION
222. (I) In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say, - 'Burma' has the same meaning as in the Government of Burma Act, 1935; 'Existing law' means any law, Ordinance, Order, bye-law, rule or regulation passed or made before the commencement of this Con• stitution by any legislature, authority or person in any territories included within the Union of Burma being a legislature, authority or person having power to make such law, Ordinance, Order, bye-law, rule or regulation; 'Saohpa' or 'Sawphya' means, in the event of any dispute, the person recognized as such by the President in accordance with the rules of succession applicable; 'Unit' means- (a) any State forming a constituent unit of the Union of Burma; (b) all the territories of the Union of Burma not forming part of any State. (2) In Chapters VI, VII, X, XI and XIII and in Third and Fourth Schedules, the term 'State' means, save where a contrary intention appears, the Shan State, the Kachin State, the Karenni State or any new State that may be constituted under Part IV of Chapter IX. (3) Save where a contrary intention appears, the provisions of the Burma General Clauses Act shall extend to the interpretation and application of this Constitution.
CHAPTER XIV
TRANSITORY PROVISIONS
223. All rights, authority, jurisdiction and prerogative heretofore belonging to His Britannic Majesty which appertain or are incidental to the government of the territories in Burma for the time being vested in him by virtue of the Govern• ment of Burma Act, 1935, or otherwise, and all rights, authority, jurisdiction and prerogative exercisable by him by treaty, grant, usage, sufferance or otherwise in, or in relation to, any other territories in Burma, are hereby declared to belong to the Union: Provided that any prerogative which subsisted in His Britannic Majesty and was exercisable by him in or in respect of British Burma immediately before the commencement of this Constit ltion shall cease to be exercisable as such by any authority in the Union. 224. All rights and assets which immediately before the commencement of this Constitution were vested in His Britannic Majesty or any other authority for the purposes of the Government of Burma and the Karenni States shall, as from the commencement of this Constitution, be vested in the Union Government. In particular, all forests and all mineral and other wealth underground, the waters including mineral and medicinal waters, the sources of natural power, the rail transport, posts, telecommunications and broadcasting shall be from the commencement of this Constitution the property of the Union. 225. (I) Any proceedings relating to contracts or liabilities which, if this Constitution had not come into operation, might have been brought against the Government of Burma, may be brought against the Union Government. (2) The Union of Burma may sue and be sued by the name of the Union of Burma. (3) If at the date of the coming into operation of this Constitution any legal proceedings are pending to which the Government of Burma is a party, the Union Government shall be deemed to be substituted in those proceedings for the Government of Burma. 226. (I) Subject to this Constitution and to the extent to which they are not inconsistent therewith, the existing laws shall continue to be in force until the same or any of them shall have been repealed or amended by a competent legislature or other competent authority. (2) The President ofthe Union may, by Order, provide that as from such date as may be specified in the Order any existing law shall, until re• pealed or amended by the Parliament or other competent authority, have effect subject to such adaptations and modifications as appear to him to be necessary or expedient with due regard to the provisions of thIS Constitution. 227. The Union shall honour all legitimate obligations arising out of any treaties or agreements which immediately before the commencement of this Constitution were in force between the Government of Burma, or His Britannic Majesty or His Majesty's Government in the United Kingdom acting on behalf of the Government of Burma, and the Head or Government of any other State, provided that such other State honours any reciprocal obligations towards the Union. 228. All Courts existing at the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new Courts are established by law in accordance with this Constitution. All cases, civil, criminal and revenue, pending in the said Courts, shall be disposed of as if this Constitution had not come into operation. 229. All persons who were in the service of the Government of Burma immedi-• ately before the coming into operation of this Constitution shall continue in service until the Union Government provide otherwise.
299 230. For the purpose of removing any unforeseen difficulties, particularly in relation to the transition from the provisions of the Government of Burma Act, 1935, to the provisions of this Constitution, the President of the Union may by Order direct that this Constitution shall during such period as may be specified in the Order have effect subject to such amendments, whether by way of variation, addition or repeal, as he may deem to be necessary or expedient. No such Order shall be made under this section after the first meeting of the Union Parliament duly constituted under Chapter VI; and no such order shall be made unless it is approved by a resolution passed by this Constituent Assembly exer• cising the powers of both Chambers of Parliament under the provisions of the next succeeding section. 231. (I) Until the first meeting of the Union Parliament duly constituted under Chapter VI, this Constituent Assembly shall itself exercise all the powers, discharge all the duties and enjoy all the privileges of both Chambers of Parliament. (2) Such person as the Constituent Assembly shall have elected in this behalf shall be the Provisional President of the Union until a President has been duly elected under Chapter V and shall exercise all the powers and discharge all the duties conferred or imposed upon the President by this Constitution. A period of service as Provisional President shall not count as a term of service for the purposes of subsection (2) of section 48. (3) Such persons as shall have been elected in this behalf by the Constit• uent Assembly shall be the Prime Minister and other members of the Provisional Union Government, until the President duly elected under Chapter V has appointed other persons in accordance with the pro• visions of section 56. 232. (I) Until the first meeting of the Union Parliament duly constituted under Chapter VI - (a) all the members ofthe Constituent Assembly representing the Federated Shan States shall constitute the Provisional Shan State Council; (b) all the members of the Constituent Assembly representing the Myit• kyina and Bhamo Districts shall constitute the Provisional Kachin State Council; (c) all the members of the Constituent Assembly representing the Karens shall constitute the Provisional Karen Affairs Council; (d) all the members of the Constituent Assembly representing the Karen• ni States and such other persons from the Karenni State not ex• ceeding two as may be nominated by the Provisional President shall constitute the Provisional Karenni State Council; and (e) all the members of the Constituent Assembly representing the Chin Hills District and the Arakan Hill Tracts shall constitute the Pro• visional Chin Affairs Council. (2) Each of the aforesaid Provisional Councils shall exercise all the powers and discharge all the duties of the corresponding Council constituted under Chapter IX.
300 233. The first general elections under this Constitution shall be held within eighteen1 months from the date ofthe coming into operation of this Constitution. 234. This Constitution shall come into operation on such date as the Provision• al President may announce by proclamation not being later than the eighth day of Kason waxing, 1310 B.E. (fifteenth day of April, 1948 A.D.)'
1. Time limit extended to 48 months, BUf'ma Gazette, 1951, Part. I, 175. 2. The date was January 4, 1948, BUf'ma Gazette, 1948, Part. I, 43.
301 FIRST SCHEDULE
FORM OF OATH OR AFFIRMATION (See Section 72.)
I ...... having been chosen a member of the Chamber of Deputies (Nation- alities) do solemnly swear (affirm) that I will maintain the Constitution of the Union and uphold its laws, and that I will faithfully discharge the duty upon which I am about to enter.
SECOND SCHEDULE
COMPOSITION OF THE CHAMBER OF NATIONALITIES (See Section 87.)
Of the 125 seats in the Chamber of Nationalities - (a) twenty-five seats shall be filled by representatives from the Shan State; (b) Twelve seats shall be filled by representatives from the Kachin State; (c) eight seats shall be filled by representatives from the Special Division ofthe Chins; (d) three seats shall be filled by representatives from the Karenni State; (e) twenty-fourl seats shall be filled by representatives of Karens; (f) fifty-threel seats shall be filled by representatives from the remaining territories ofthe Union of Burma.
THIRD SCHEDULE
LIST I. - UNION LEGISLATIVE LIST (See Section 92(1).)
I. Defence: that is to say, the defence of the Union and of every part thereof, including generally all preparations for defence as well as all such acts in times of war as may be conducive to its successful prosecution and to effective demobilisation after its termination, and in particular - (I) the raising, training, maintenance and control of Naval, Military and Air Forces and employment thereof for the defence of the Union and the execution of the laws of the Union and the States. (2) Defence Industries. (3) Naval, Military and Air Forces Works. (4) Local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas and the delimitation of such areas.
I. Substituted: (e) fifteen seats shall be filled by representatives from the Karen State; (f) sixty-two seats shall be filled by representatives from the remaining territories of the Union of Burma, The Constitution Amendment Act.
302 (S) Arms, fire-arms, ammunition and explosives. (6) Atomic energy, and mineral resources essential to its production. (7) Conduct of War. 2. External Affairs: (I) Diplomatic, consular and trade representation. (2) United Nations Organization. (3) Participation in international conferences, associations and other bodies and implementing of decisions made thereat. (4) The declaration of war and conclusion of peace. (S) The entering into and implementing of treaties and agreements with other countries. (6) Regulation of trade and commerce with foreign countries. (7) Foreign loans. (8) Citizens; aliens; acquisition and termination of citizenship. (9) Extradition. (10) Passports and visas. (II) Foreign jurisdiction. (12) Admiralty jurisdiction. (13) Piracies, offences committed on the high seas and offences committed in the air against the law of nations. (14) Admission into, and emigration and explusion from the Union. (IS) Fishing and fisheries beyond territorial waters. (16) Import and export across customs frontiers as defined by the Union Government. 3. Communications: (I) Port and inter-unit quarantine; seamen's and marine hospitals and hospitals connected with port quarantine. (2) Airways. (3) Highways and waterways declared by the Union to be Union highways and waterways. (4) Shipping and navigation as regards mechanically-propelled vessels on inland waterways declared by the Union to be Union waterways; the rule of the road on such waterways; carriage of passengers and goods on such waterways. (S) Railways. (6) Maritime shipping and navigation, including shipping and navigation on tidal waters. (7) Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein. (8) Aircraft and air navigation; the provision of aerodromes: regulation and organization of air traffic and of aerodromes. (9) Carriage of passengers and goods by sea or by air. (10) Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. (II) Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.
303 4. Finance: (I) The borrowing of money on the credit of the Union. (2) Duties of customs including export duties. (3) Duties of excise excluding those enumerated in the State Legislative List but including taxes on the production, consumption and sale of electricity. (4) Taxes on the sale of goods. (5) Taxes on companies. (6) Taxes on income. (7) Taxes on the capital value of the assets of individuals and companies. (8) Taxes on the capital of companies. (9) Estate duty and duties in respect of succession to property. (10) Excess Profits Tax. (II) Savings Bank. (12) Stamp duty in respect of bills of exchange, cheques, promissory notes and other documents. (13) Terminal taxes on goods or passengers carried by railway, sea or air. (14) Taxes on railway fares and freights. (15) Fees in respect of any of the matters in this list but not including fees taken in any Court subordinate to the High Court. 5. General: (I) The Reserve Bank, banking including incorporation of banks, and the issue of paper money. (2) Currency, coinage and legal tender. (3) Enquiries, surveys and statistics for the purposes of the Union. (4) Acquisition of property for the purposes of the Union. (5) Any Museum, Library or other institutions declared by Union law to be of national importance. (6) Union agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. (7) Census. (8) Union Services. (9) Elections to the Union Parliament subject to the provisions of the Constitution. (10) Emoluments and allowances of the President, the salaries and allow• ances of the Prime Minister and other members of the Union Government; the salaries of the Speaker and the Deputy Speaker of the Chamber of Nationalities; the salaries of the Speaker and the Deputy Speaker of the Chamber of Deputies; the salaries, allowances and privileges of members of the Union Parliament. (II) Public debt of the Union. (12) Criminal Law and Procedure. (13) Civil Law and Procedure including in particular the laws relating to• infants and minors; adoption; transfer of property; trusts and trustees; contracts; arbitration; insolvency; actionable wrongs; lunacy. (14) Law of Evidence. (IS) Legal, medical and other professions. (16) Newspapers, books and printing presses. (17) Poisons and dangerous drugs. (18) Mechanically propelled vehicles. (19) Factories. (20) Welfare of labour; conditions of labour; employers' liability and workmen's compensation; health insurance; old age pensions. (21) Unemployment insurance. (22) Trade Unions; industrial and labour disputes. (23) Electricity. (24) Insurance. (2S) Company Law. (26) Cheques, bills of exchange promissory notes and other like instruments. (27) Copyright; inventions; patents; trade marks and merchandise marks; trade designs. (28) Planning. (29) Regulation of land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution ofland. (30) Ancient and historical monuments; archaeological sites and remains. (31) Standard weights and measures. (32) Opium, except as to excise duties thereon. (33) Petroleum and other liquids and substances declared by Union law to be dangerously inflammable. (34) Development of industries, where development under Union control is declared by Union law to be expedient in the public interests. (3S) Co-operative societies. (36) Regulation of forests, mines and oil-fields (including labour and safety in mines and oil-fields) and mineral development. (37) Migration within the Union. (38) Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list. (39) Offences against laws with respect to any of the matters in this list. (40) Any other matter not enumerated in List II.
LIST II. - STATE LEGISLATIVE LIST (See Section 92 (2).)
I. Constitutional Affairs : (I) The constitution of the State, subject to the provisions of this Constitution. (2) State Pubhc Services and State Public Service Commission. (3) State pensions, that is to say, pensions payable by the State or out of the State Revenues. (4) The salaries of the State Ministers, and of the Chairman of the State
305 Council; salaries, allowances and privileges of the members of the State Council. 2. Economic Affairs: (I) Agriculture; cattle pounds and the prevention of cattle trespass. (2) Fisheries within the State. (3) Land; land revenue; land improvement and agricultural loans; colonization; encumbered and attached estates; treasures trove. (4) Works, lands and buildings vested in or in the possession of the State. (5) Markets and fairs. (6) Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage, but excluding inter-unit rivers and water-courses. (7) Capitation and Thathameda taxes. (8) Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union: - (i) Alcoholic liquors for human consumption. (ii) Opium. (iii) Indian hemp and other narcotics; non-narcotic drugs. (iv) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above. (9) Taxes on trades and employments. (10) Taxes on animals and boats. (II) Taxes on entertainments, amusements, betting and gambling. (12) Tolls. 3. Security: (I) Public order (but not including the use of naval, military or air forces of the Union). (2) Police including Village Police. (3) The administration of justice; constitution and organization of all Courts subordinate to the High Court, and fees taken therein; preventive detention for reasons connected with the maintenance of public order; persons subject to such detention. (4) Jurisdiction and powers of all Courts subordinate to the High Court, with respect to any of the matters enumerated in this list. (5) Prisons; persons detained therein; arrangements with other units for the use of prisons and other institutions. (6) Offences against laws with respect to any of the matters enumerated in this list. 4. Communications: (I) Roads, bridges, ferries and other means of communication other than such as extend beyond the borders of the State. (2) Municipal tramways: rope-ways. (3) Inland waterways and traffic thereon. (4) Local works and undertakings within the State other than railways, subject to the power of the Union Parliament to declare any work a national work and to provide for its construction by arrangement with the State Council or otherwise. 5. Education: (I) Education excluding, for a period of ten years from the commence• ment of this Constitution and thereafter until the Union Parliament otherwise provides, University, higher technical and professional education. (2) All educational institutions controlled or financed by the State. (3) Libraries, museums and other similar institutions controlled or financed by the State. (4) Theatres, dramatic performances and cinemas, but not including the sanction of cinematographic films for exhibition. 6. Public Health: (I) Public Health and sanitation. (2) The establishment, maintenance and management of hospitals, asylums and dispensaries. (3) Registration of births, deaths and marriages. (4) Burials and burial grounds. 7. Local Government: (I) Municipalities and other local authorities for the purpose oflocal self• government or village administration. (2) Charities and charitable institutions. 8. General: (I) Relief of the poor. (2) Enquiries and statistics for the purpose of any of the matters enumer• ated in this list. (3) Generally all matters which in the opinion of the President are of a merely local or private nature in the State.
FOURTH SCHEDULE
ST ATE REVENUE LIST (See Section 96.)
I. Land Revenue: (i) Land revenue proper. (ii) Rents and fees of fisheries. (iii) Royalty on petroleum. (iv) Royalty on minerals and taxes on mineral rights. (v) Royalty on rubber. (vi) Capitation and Thathameda taxes. 2. Duties of Excise on the following goods manufactured or produced in the State and counterva1ling duties at the same or lower rates on similar goods manufactured or produced elsewhere in the Union:- (i) Alcoholic liquors for human consumption. (ii) Opium. (iii) Indian hemp and other narcotics; non-narcotic drugs. (iv) Medicinal and toilet preparations containing alcohol or any substance included in item (ii) or (iii) above. 3. Fees taken in Courts subordinate to the High Court. 4. Forests. 5. Registration. 6. Taxes on trades and employments. 7. Taxes on animals and boats. 8. Taxes on entertainments, amusements, betting and gambling. 9. Taxes under the State Motor Vehicles Taxation Acts. 10. Irrigation dues. II. Interests on advances made from the State revenues and on State in- vestments. 12. Contributions from component parts to the State. 13. Contributions from the Union. 14. All fees, fines, sale proceeds and rents of property belonging to the State, recoveries of over-payments and payments for services rendered in connection with any or all matters enumerated above and also in connection with the fol- lowing: - (a) Administration of justice. (b) Jails and convict settlements. (c) Police. (d) Education. (e) Medical. (f) Public health. (g) Agriculture. (h) Veterinary. (i) Co-operative societies. (j) Registration of births, deaths and marriages. (k) Civil works. (1) Receipts in aid of superannuation of State employees. (m) Stationery and pnnting. (n) Unclaimed deposits. (0) Treasure trove. (p) Tolls. (q) Extraordinary receipts.
308 APPENDIX VIII
THE CONSTITUTION AMENDMENT ACT, 1951 (ACT NO. LXII OF 1951)
It is hereby enacted as follows: - I. (I) This Act may be called The Constitution Amendment Act, 1951. (2) It shall come into force on the date of promulgation except sections 3 and 7 which shall come into force on the date of the dissolution of the Parliament following the first general elections held under section 233 of the Constitution. 2. In section 8 of the Constitution for the expression 'Section 180' the expres• sion 'Sections 180 and 181' shall be substituted. 3. In sub-section (I) of section 83 of the Constitution, the last sentence shall be deleted. 4. For the provisions in section 180 and 181 of the Constitution the following shall be subsittuted:- '180 (I) A constituent unit of the Union of Burma to be known as 'the Karen State' shall be established. The areas constituting the said State shall be determined by an Act of Parliament. (2) All the members of the Parliament representing the Karen State shall constitute the Karen State Council. (3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected. (4) The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate. (5) When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the Bill within one month from the presentation of the Bill unless he refers the Bill to the Supreme Court for its decision under the next succeeding subsection. (6) The President may, in his discretion, refer any Bill presented to him un• derthe last preceding sub-section to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution. (7) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it and, after such hearing as it thinks fit, shall promulgate its decision on such question in open Court as soon as may be, and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purpose of this section, be the decision of the Court. (8) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under this section, is repugnant to this Constitution, the President shall return the Bill to the State Council for reconsideration and shall decline to sign it unless the necessary amendments shall have been made thereto. (9) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced. (10) When the President has signed a Bill presented to him under the last preceding section whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of the State Council. (II) The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karen State. (12) The Head of the Karen State may, from time to time summon and prorogue the State Council: Provided that there shall be a session of the State Council once at least in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.
GOVERNMENT OF THE KAREN STATE
181. (I) A member of the Union Government to be known as the Minister for the Karen State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karen State Council from among the members of the Parliament representing the Karen State. The Minister so appointed shall also be the Head of the Karen State for the purpose of this Constitution. (2) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him. (3) Without prejudice to the generality of the provisions of the next succeeding section, the said executive authority shall extend to all matters relating to recruitment to the State civil services, to postings and transfers, and to disciplinary matters relating to these services. (4) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.
310 (5) The Head of the State shall consult the State Council in all other matters relating to the State. (6) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its mem• bers or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions. (7) The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the conSIderation of the Council such measures as be thinks fit for promoting the general welfare. (8) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration. (9) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget. (10) Subject to the prOVISions of this Constitution all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State Ministers, and their relations to each other and to the Union Government shall be determined by law. Provided that until the date of the dissolution of the Parliament constituted following the first general elections held under section 233 of the Constitution the Karen State Council shall be constituted with all the members of the Parliament representing Karens.' s. Section 195 of the ConstItution shall be deletQd. 6. In sub-section (5) of section 209 of the Constitution, the expressions 'Karens or' shall be deleted. 7. In the Second Schedule to the Constitution, - (i) for clause (e) the following shall be substituted, namely: - '(e) fifteen seats shall be filled by representatives from the Karen State;' (ii) in clause (f), for the words 'fifty-three seats' the words 'sixty-two seats' shall be subsituted. 8. In the Constitution, for the expression 'Karenni State' whenever it occurs, the expression 'Kayah State' shall be substituted.
311 APPENDIX IX
CHRONOLOGY OF EVENTS
I946 September 27 AFPFL enters office.
I947 January 27 'Aung San-Attlee Agreement' signed in London. February 12 Panglong Agreement signed. April 7 Constituent Assembly elections. May 23 AFPFL convention adopts draft constitution. June 9 First session of Constituent Assembly begins. July 19 Aung San, Thakin Mya, the Saophalong of Mongpawn, 'Deedok' U Ba Choe, U Razak, Mahn Ba Khaing, and U Ba Win of the Executive Council; Deputy Secretary U Ohn Maung; and Bodyguard Bo Htwe assassinated. September 24 Constituent Assembly adopts the constitution. October 17 'Nu-Attlee Agreement' signed in London.
I948 January 4 The Union of Burma emerges an independent sovereign republic. February 3 Union Bank of Burma opens. March 28 Police raid Communist Party headquarters in Rangoon; Com• munist insurrection begins. April II State funeral for Aung San and the martyrs. April 19 Burma admitted to the UNO. April 20 Inland Water Transport Nationalization Act passed by Parlia• ment. May 8 U Saw and others, found guilty of the assassinations, are executed. May 13 'Kawthulay' Boundary Commission appointed. May 26 U Nu, as president of the AFPFL, invites leftist elements to join in a United Leftist Party, or Marxist League. July 15 U Nu resigns as premier, then leads a Caretaker Government. August 13 A unified command of Military and Police Forces created to cope with the emergency created by insurrections. August 16 U Tin Tut resigns as Foreign Minister and accepts a commission in the Burma Army. August 21 Martial Law Ordinance and the Constitutional Remedies Suspension Ordinance promulgated. September I Regional Autonomy Enquiry Commission appointed.
3I2 September 18 Brigadier Tin Tut dies of wounds received in a bomb attack on the previous night. October II The first Land Nationalization Act is passed. October I2 A loan agreement is signed by Burma and the United Kingdom by which £ 2. million sterling is made available to Burma.
I949 February 2 Insein falls to KNDO insurgents. February 7 Ministerial services go on strike. April 2 Socialists and 'Yellow Band' PVO leaders resign en bloc from the Government. April 4 General Ne Win and Justice E Maung sworn in as Ministers. April 22 Insein recovered. July 2 General Ne Win, Deputy Prime Minister, leaves on goodwill tour of the U.K. and the U.S.A. December 18 Burma extends de jure recognition to the new regime in the People's Republic of China.
I950 March 21 Trade Agreement between Burma and Occupied Japan signed for the year. June 8 U Myint Thein is accredited to Peking as Burma's first ambassa• dor to the new regime. August II Saw Ba U Gyi, leader of the KNDO insurgents, falls in battle. September 13 Economic Co-operation Agreement with the U.S.A. is signed in Rangoon.
I95I March 31 Burma-Indonesia Friendship Treaty signed. May 17 U Nu inaugurates Government Cotton and Weaving Factory, Kamayut. June 12 General elections for the first Parliament begin on a regional and staggered basis. July 7 Indo-Burmese Friendship Treaty signed. August 4 Trade Plan with Occupied Japan signed. October 5 Parliament passes the Constitution Amendment Act to erect the Karen State. October 16 The first joint venture between the Government and British industry, the Burma Corporation (1951) Ltd. for mining, is contracted between the Government and the Burma Corporation.
I95Z January 3 Burma joins the International Monetary Fund. March 3 The Chamber of Deputies of the first Parliament meets for the first time. March 5 Dr. Mya elected Speaker of the Chamber of Deputies. March 12 Dr. Ba U elected the first Parliament of the Republic. June 25 Burma-Pakistan Friendship Treaty signed. August 4 'Pyidawtha' (Happy Land) conference opened by U Nu in Rangoon. October 25 Sao Hkun Khio, Head of the Shan State, announces the decision of the Sawbwas to relinquish their hereditary rights and powers.
I953 January 6 The first Asian Socialist Conference begins in Rangoon. February 2 The first nation-wide census since 1941 (the details of which census were lost in the war) begins. March 25 Burma's complaint against the Government of Formosa for the intrusion of Kuomintang troops in the Shan State is filed with the UNO. April 2 Burma Army, in major operations against Kuomintang troops, capture important bases in Kengtung area. June 29 Burma-Yugoslav Trade Agreement signed. September 6 Burma Army again mounts massive operations against the Kuomintang troops. October 1 The nationalized Rangoon Electric Tramway, and the Arakan Flotilla companies handed over to the Government. November 24 Vice-President of the United States, Mr. Richard Nixon arrives on goodwill visit.
I954 January I2 Government signs agreement with the Burma Oil Company for a joint venture in the oil industry. April 22 Trade Agreement with the People's Republic signed. June 28 Mr. Chou En-Lai, Chinese Premier, visits Rangoon. Novembers Peace Treaty with Japan signed. November 29 U Nu leaves for a goodwill visit to Peking.
I955 January 6 Marshal Tito arrives in Rangoon on goodwill visit. February 14 U Nu inaugurates Defence Services Academy at Ba Htu Myo. March 7 U Nu leaves on goodwill visit to Thailand. April 18 'Asian-African' conference opens at Bandung. May 29 U Nu leaves on extensive goodwill tour of Israel, Yugoslavia, the United Kingdom, and the United States. July I Burma-USSR Trade Agreement signed. October 21 U Nu leaves for goodwill visit, to the USSR, Finland, Sweden, Denmark, and Poland. December I Marshal Bulganin and Mr. N. Khrushchov visit Burma. December 14 Marshal Pibulsonggram, Prime Minister of Thailand, arrives on goodwill visit. December 15 Trade Agreement with Israel signed. I956 February 6 Mr. Dag Hammarskjold, Secretary-General of the UNO, arrives on two-day visit. February 7 Trade Agreement with Rumania signed. MarchS Burma-Israel Economic Co-operation Agreement signed. March 6 Trade Agreement with Sweden signed. April II Burma-China Air Service inaugurated. Aprilz7 General elections for the Chamber of Deputies, conducted for the first time simultaneously throughout the country. Mayz2 General elections for the Chamber of Nationalities. May 27 End of the Sixth Great Buddhist Synod, two years after in• auguration. June S U Nu announces decision to vacate premiership for one year. June 12 New Cabinet, led by U Ba Swe, sworn in. June 26 Burma recognizes Morocco and Tunisia as independent states. June 30 United States-Burma Rice Agreement signed. July II Burma-Germany (Federal Republic) Economic Co-operation Agreement signed. July 14 Burma-India Cotton Textile Agreement signed. October 9 Trade Relations between Burma, Czechoslovakia and the USSR signed. October IS Treaty of Friendship signed with Thailand. November 29 Emperor of Ethiopia visits Burma. December 10 Mr. Chou En-Lai arrives on Io-days goodwill mission ending with joint statement with U Ba Swe declaring that the border question is 'nearer to solution satisfactory to both parties'. December 26 Trade Agreement with German Democratic Republic signed.
I957 January S Burma-Israel Trade Agreement signed. January 17 Agreement on gift exchange signed with the USSR. February 2S Burma-Pakistan Trade Agreement signed. March I U Nu sworn in as Prime Minister, with U Ba Swe, U Kyaw Nyein, Thakin Tin, and Sao Hkun Khio as Deputy Premiers. March S Danish Prime Minister, Mr. Hans Christian Hansen visits Rangoon. March 13 U Win Maung is sworn in as the new President. March 18 Prime Minister of Poland visits Rangoon. March 21 Economic Co-operation Agreement with the United States signed. April 29 Burma-India Trade Agreement signed. May 21 Japanese Prime Minister Mr. Kishi arrives on goodwill visit. October 17 The tenth anniversary of the 'Nu-Attlee Agreement' celebrated in London and Rangoon. November II The first big surrender of Communist insurgents at Pyinmana. November 28 A big surrender of KNDO insurgents at Thaton.
31 5 Z958 January 24 President Soekarno visits Rangoon. January 25 U Seinda and his staunch followers surrender in Arakan. January 29 The third AFPFL national congress (and the first in 10 years) begins in Rangoon, ending session on February 2. February 9 The War Memorial to fallen allied soldiers unveiled at Htauk• kyan. May 6 U Nu announces, in a broadcast talk, that the AFPFL has irrevocably split. June 4 U Ba Swe, U Kyaw Nyein, and their colleagues in the Govern• ment resign. U Nu forms new Government, appointing Saw Lu Lu (Karen); Duwa Zau Rip (Kachin); U Kyaw Min, U Maung Kyaw Zan, and U Shwe Kyaing, Arakanese leaders, to some of the vacated posts. The Chamber of Deputies begin special session to debate the no-confidence motion against U Nu. June 9 No-confidence motion debated and lost by 8 votes. June 17 U Lum Pun (Chin), and Mr. Sultan Mahmood (Arakanese Muslim) sworn in as new Ministers. July 16 Bohmu Aung, having resigned as Speaker of the Chamber of Deputies on the previous day, is sworn in as Deputy Prime Minister (Defence). July 18 Dr. E Maung is sworn in as Minister for Judicial Affairs. July 20-29 Union Planning Seminar held, in which Prime Minister U Nu meets representatives of civil servants, businessmen, industrialists students and teachers, writers and journalists, etc., to discuss conditions, complaints, and recommendations for improvements. July 30 The President promulgates an Amnesty Order granting total amnesty to all insurgents who surrender for all crimes comInitted by them in the course of the insurrections up to this date. The Order also extends to armed forces and such personnel for acts done in the course of performing their duty. Those insurgents who surrender are also proInised restoration of full political and other rights on declaring that they have renounced rebellion. August IS The People's Comrade Party (formerly the PVO) surrenders and renounces rebellion, is legalized the same day. August 28 The budget session of the Chamber of Deputies summoned for August 28 is cancelled, and U Nu declares his intention to dissolve Parliament and conduct early elections. September 26 Prime Minister U Nu announces that he has invited General Ne Win, Chief of Staff of the Defence Services, to lead a caretaker government pledged to hold fair and free elections within six months. He would summon the Chamber of Deputies, resign, and propose the election of General Ne Winas the new Prime Minister. October 28 The Chamber of Deputies meets. Prime Minister U Nu resigns, and moves that General Ne Win be elected leader of a new Cabinet. The motion is unanimously adopted (a large part of the
316 National United Front - the small communist indoctrinated bloc - abstaining). October 29 General Ne Win and his Cabinet sworn in: General Ne Win is Prime Minister, and Minister of Defence; Retired Chief Justice ofthe Union U Thein Maung is Deputy Premier, and in charge of Foreign Affairs, Religious Affairs, and Social Services; Sao Wunna, Head of the Kayah State; U KhinMaung Phyu, Chief Secretary, is Home Minister and for Information, Democratization of Local Administration and Local Bodies; U Chan Tun Aung, Chief Justice of the High Court, is Minister for Judicial Affairs; U Kyaw Nyein, Chairman, Union Bank, is Minister for Finance and Revenue; U Ba Kyar, a retired Sessions Judge, is Minister for Trade Development, Cooperative and Commodity Distri• bution and Supply; U San Nyunt, also a retired Sessions Judge and Elections Commissioner, is Minister for Transport and Communications, Public Works and Housing; U Ka, a retired lecturer of mathematics of the University of Rangoon, is Minister for Education, Agriculture and Forests and Land Nationalization; U Chit Thoung, a chemist, is Minister for Industries, Mines and Labour; U Ba Sein is Attorney-General. General Ne Win left it to the State Councils to elect their own Heads who will then be members of his Cabinet, but without any charge of Union subjects. October 31 Amnesty Order withdrawn. General Ne Win, in his first address to the Chamber of Deputies as Prime Minister, pledges absolute loyalty to the constitution and democracy. His government will strive to restore law and order and hold elections. Lenient treatment will be given to the Com• munist and other insurgents who surrender, but efforts will be trebled to lay low those who do not. Crimes should not go un• punished; the policy of "wipe the slate" clean is rejected.
3I 7 INDEX A Ba Maw, Dr.: 25, 26, 28, 29, 32, 33, 38, 39, 40,42,49,55,57,58,59,646668 72 acting Judges: 151 74,77 ' , , , Act 14of1952: 186 BaNyein, U: 133,208 Adipati: 60 BaNyunt, Justice: 154 administration of justice: 124, 157 Ba Pe, U: 7, 9, II, 13, 14, 15, 20,26,32, AFPFL: 65, 73-79, 83, 93, 124, 129-135 139,173-175,214,215 ' 33,71,77, 159 BaSaw, U: 192 AhMar, Ma: 38 BaSein, Thakin: 51, 72, 77, 80,133 Air Force: 54 BaSein, U:317 All Burma Muslim Congress: 132 Ba Si, U: 11, 25, 27 All Burma Peasants Organization Ba Swe, U: 40, 48, 49, 52, 64, 65, 117, 131 (ABPO):41,131 132, 135, 146, 157, 173, 174, 180 214' amendment of the constitution: 188 215 ' , 195-196 ' Ba Than, Colonel: VII 'Anarshin': 43 Ba Thaung, Thakin: 34 Anti-Fascist Organization (A-F.O): 65 66 anti-separationists: 28 ' Ba Tu, U: 13 Ba U, Dr.: 25, 56,117,148,152,153,165, appeals to the Supreme Court: 162 183,185, Arakan statehood: 133, 192-193,216 Ba U, U: 33, 42 Arakanese National Congress: 129 Ba Yin, U: 7 Arakanese National Unity Organization: Ba Yin, Dr.: 11 191,192 'Bandaka' : 22 Armed Forces: 135 Bandoola: 54 Asoka Society: 7 Barrington, James: 140, 199 Attlee, Clement: 80, 86, 87, 188 Mr. Bar, profession of: 168 Attorney-General: 135-137 barter deals: 203 Auditor-General: 137 barristers: 9, 10 Aung, Bohmu: 51, 121,316 B.C.S. Class I: 33, 138 AungGyaw: 40 B.LA.: 52 Aung Gyi, Colonel: 49, 64, 65, 144, 145 Bikkhu Asoka: 7 Aung Hla, U: 26 Blake, Brigadier: 145 Aung Khine, Justice: 154, 167 Blagden, C. 0.: 9 Aung San: 35, 36, 37, 38, 43, 48-54, 58, Bo Gyi, Justice Dr.: 153,167 59,63-66, 71, 72, 73-77, 73-86, 91,98, 'Bogyoke': 73 107, 113, 116, 129, 130, 143, 147, 148, Bo Moe Gyo: 50, 52, 53 169, 170, 171, 180, 181, 188, 193, 197. Boon, T. K. : 64 Aung Shwe, Brigadier: 145 Bose, Subhas Chandra: 43, 62, 69 Aung Soe, Ambassador: 140 British bureaucracy: 5 Aung Tha Gyaw, Justice: 153 B.T.N. High School: 17 Aung Thin, U: 26 Buddhism: 7 'autonomous state': 169 Buddhist associations: 7 Aye, U:59 Buddhist priests: 122 Aye Maung, U:59 Buddhist Sangha Council: 19 Aye Maung, Bo: 64. Bureau of Special Investigation: 141, 154 Burma Air Force: 44 B Burma Army: 42, 130, 142-147, 203, 215 Ba Choe, 'Deedok': 32, 55, 98, 129 Burma Book Club: 5 Ba Gyan, U: 64 Burma Civil Service (Senior Branch): 138 Ba Han, Dr.: 25, 136 Burma Commission: 4 Ba Hein, Thakin: 40, 55, 64, 65 , Burma Critic' : 9 Ba Hlaing, U: 11 Burma Defence Army: 55 BaHtu, Major: 66 'Burma Herald': 9 Ba Kyar, U: 317 Burma Independence Act: 85, 94 BaMaung, Ambassador: 140 Burma National Army: 63, 129 Ba Maung Chain, Mrs.: 187 Burma Navy: 54, 146
318 Burma Rebellion (Trials) Bill: 24 Courts Act: 158 Burma Research Society: 5, 9 Craddock, Sir Reginald: 13, 14, 15 Burma Revolutionary Party: 44, 48, 64 Craddock Schemes: 13, 14, 15 Burma Round Table Conference: 26 Criminal Law Amendment: 156 Burma Translation Society: 112 Cunliffe, Justice J.: 25 Burma Workers and Peasants Party customary laws: 4 (BWPP): 133,204 Burmese Buddhist Law: 4 Burmese Counsellor of Defence: 54 D Butler, Sir Harcourt: 18, 20 Daw Tee Tee's Home: 160 Dawood, A. J. : 25 c 'Deedok' journal: 32,43 Defence Council: 147 Cambodia: 203 defence of Burma: 42 Central Sangha Association: 32 Defence Services: 144,215 certiorari, writ of: 103, 104, 162 Defence Services Historical Research Ceylon: 200 Institute: 114 citizenship: 94 de Glanville, Sir Oscar: 20, 26, 29 Civil Affairs Staff (Burma) : 72 democracy: 91 Chan Htoon, Justice: 84, 136, 149, 153, Democratic League: 133 167, 170, 183 democratic socialism: 92, 132 Chan Tun Aung, Chief Justice: 25, 56, democratization: 138, 159 136, 153, 167,317 Directorate of Atomic Energy: 114 Chamber of Deputies: 122 District Courts: 158 Chamber of Nationalities: 122 dissolution of Parliament: 135, 175 Chief Commissioner of British Burma: 3 Dohbama Asiyone: 34 Chief Justice ofthe High Court: 150 Dohbama Sinyetha Asiyone: 57 Chief Justice of the Union: 149, ISO, 167 Dominion status: 46, 77 Child Health: 111 Dorman-Smith, Sir Reginald: 45, 47, 70, chettyars: 108 71, 72, 73, 75, 78, 87 Chin hills: 6, 81, 82, 170 dual citizenship: 96 Chin Special Division Act: 161 'due process oflaw': 164 Chit Hlaing, U: II, 14, IS, 19,27,28,29, Dufferin, Lord: 3 32, 33, 59, 75, 165, 192. Duroiselle, Prof. C. : 9 Chit Khine, Bo: 64 Duwa Zau Lun: 173, 180 Chit, Thakin: 48, 64, 65 Duwa Zau Rip: 215 Chit Maung, Thakin: 144, 175 dyarchy: 17 Chit Thaung, U: 183, 193,317 Choon Foung, Justice: 136, 154 E Chou En-Lai, Premier: 201 Churchill, Sir Winston: 45, 46, 87 E. Maung, Dr.: 76, 131, lSI, 152, 153, Clift, Air Commodore: 54, 145 165, 185,316 Code of Criminal Procedure: 157 economic planning: 113 cold war: 200 Economic Cooperation Agreement with collective responsibility: 134, 215 USA: 202 Collis, Maurice: 5, 75 economic rights: 99 Committee of Privileges: 125, 109 education: 111,112 Communist China: 186,200,201 Education Enquiry Commission: 112 Communist Party: 92, 102, 130, 131, 139, Eggar, Sir Arthur: 8, 25 143 elections: 75 compensation for Sawbwas: 179 elections in Chin hills: 190 complete independence: 77 Election Tribunals: 167 Constituent Assembly: 83, 196,212 Employment: 111 Constitution Amendment Act: 185 English language: 207 constitutional remedies: 100 excluded areas: 31 Council of National Education: 16 Executive Councils: 70, 75, 78 'court': 104, 164 'existing law': 210
319 F 'Home Rule' party: 19 honorary magistrates: 159 Fabian party: 32, 129 House of Representatives: 30 federation: 169 Hpimaw village: 20 1 Federation of Trade Organizations: 132 Htin Aung, Dr.: V Fielding-Hall: 5 Htoon Aung Gyaw, Sir: 25, 33, 42, 72, 'five enemies' : 7 192 'Five Flowers' : 32 Htun, U:42 foreigners: 94, 208 Hungarian revolution: 204 foreign capital: 99, 100, 208 Hunter ThaMwe: 185 foreign experts: 138 Foreign Service: 140 Force 136: 66 I Forchhammer, Dr. F.: 4 Forsyth, T.D.: 171 'independence': 61, 73, 87, 198 Four-Nation Committee: 204 Independence Preparatory Committee: 59 franchise: 101, 122 'independence within one year': 79 Freedom Bloc: 43 Independent Arakanese Parliamentary fundamental freedoms: 94, 126 Group: 192 Furnivall, J. S.: 5, 9, 113, 160 Independent Party: 29 independents: 33 India: 200 G India Round Table conference: 26 Gandhi, Mahatma: 44 Indo-Burmese riots: 34, 39 Galuna Raja: 23 Indonesia: 200 'tUon: 23 Innes, Sir Charles: 23 GCBA: 15, 18, 19, 20, 21, 28, 85, 123 Inns of Court: 8 General Clauses Act: 210 international law : 198 general elections: 212 international treaties: 211 Giles, Sir Robert: 20 international relations: 197 Government College: 7 interpretation: 209 Government of India Act: 14,21 Isomura, Major-General: 58 governmentsUdf: 57, 78,140 Institute of Advanced Buddhist Studies: 'Greater Burma' party: 77 114 Greater East Asia Co-prosperity Sphere: Institute of Applied Research: 114 58,62 Institute of Culture: 114, 192 gnerrilla organizations: 69 Institute of Public Administration: 140 insurrections: 143, 154 H Investment Bi1l: 208 Irrawaddy Flotilla Company: 99 1uIbeascOf'pus:99,101 Israel: 203 Rain, Saya: 43 Halliday, R.: 9 J Hague Regulations: 198 Japan: SO, 201 'Hanlhawaddy' newspaper: 9 Japanese retreat: 69 Head of the State: 60 Jardine, Sir John: 4 High Court: 32, 103, 125, 149, ISO, 160, Joint Select Committee: 30 161 'Joint Ventures': 99 hill peoples: 81 journalists: 9, 16 Historical Commission: 114 Judiciary: 32, 148 HIa Maung, U: 48, 49 Judges: 128, 148, 149, 150, 152, 166 HlaMaung, U: 140 'Justice' party: 131, 133 HlaMyint,Dr.: 113 Juvenile Court: 160 HlaPe, U: 11 HlaPe, Thakin: 49, 52 HlaShwe:4O K 'Hlaing-Myat-Paw' party: 28 Ka, U:317 'Hlaing-Pu-Gyaw' party: 19 Kachins: 83, 86 Hlvtlaw: 2, 4 Kachin hi1ls: 81, 170, 171
320 Kachin State: 160, 166, 173, 179, 193, L 201 labour: 109 Kachin villages: 180 labour laws: 111 'Kamikaze': 68 landlordism: 107 Karens: 27, 83, 86, 97, 172 land nationalization: 107 Karen-Burmese amity: 63 Land Nationalization Act: 125, 165 Karen Central Organization: 129 Laos: 203 Karen National Defence Organization law-making: 177, 195 (KNDO): 143, 183, 199 lay justices: 159 Karen National Union: 183 Lay Maung, Thakin: 34 Karen-Mon State: 183 Legislative Council: 10, 18 Karen State: 160, 172, 181, 183, 185, 'Letyon' Tat: 48 186,191 Let Ya, Bo: 63, 65, 143 Karen State Council: 185 Loo Nee, Sir Sydney: 13 Karenni State: 83, 84, 86, 170, 181, London Talks: 79 187 Luce, Prof. Gordon: 5, 9, 160, 192 Kaw-thu-lay: 181 Luce, Mrs. T. T.: 160 Kayah State: 160, 187, 193 LumPun, U: 188 'Keibotai' : 64 Lu Tun, Thakin: 76 Keith, Sir William: 20 Lwin, Thakin: 133 'Kempetai': 62, 69 Khant, U: II, 14 M Khin Maung Pyu, U: 317 Khup Lian, Chief: 6 'Mahabama' party: 129, 133 Khin Kyi, Daw: 112 Mahadevi of Yawnghwe: 193 Khin Maung Bo: 143 Magistrates' Courts: 157 Khin Maung Dwe, U: 59 mandamus, writ of: 101, 104 Khin Maung Gale, Bo: 36, 38, 41. 55, 64, Man Tung Nung, Captain: 188 113, 131, 139, 183 Mandalay National High School: 17 Khin Maung Latt, U: 123 'march on Delhi': 62 Khin Mya, Ma: 38 martial law: 126 Khin Nyo, Colonel: 69, 145 Marshall, E. D.: 8 Kin, U: 11 marxism: 129 Kinwunmingyi U Gaung: 2, 171 Marxist League: 92 Kodaw Hmaing, Thakin: 59, 60, Maung Gyee, Sir: 7, 11,20,32,56,77 118 Maung Gyi, Sir J. A.: 11,20,23,29, 183, Komin Kochin party: 32 192 Korean war: 133,204 Maung Kin, Sir: 11,20 Kuomintang troops: 144, 167, 179, 199, Maung Kyaw Zan, U: 190 202,203,204 Maung Maung, Colonel: 49, 64, 65, 145 Kya Doe, Brigadier: 63, 65, 143 Maung Maung, 'Ramree': 28, 29 Kyaw, U:59 Maung Maung, Tharawaddy: 33, 44 KyawDin, U: 20, 25 Maung Maung Ohn Ghine, U: 12 Kyaw Dun, Thakin: 131 'Maw-Myint-Bye' group: 28 Kyaw Min, U: 192, 207 May Oung, U: 11, 12, 13,20 Kyaw Myint, U: 25, 26, 28, 152, 153 May Oung, Miss (Daw Mya Sein): 27 Kyaw Nyein, U: 35, 36, 37, 38, 48, 52, McCarthy, Sir Frank: 20 57, 64, 65, 69, 117, 131, 132 135, 142, Medical College: 111 157, 173, 180, 214 Members of Parliament: 126 KyawNyein, U: 317 Members' Manual: 127 Kyaw Sein, Thakin: 55, 76 Military Academy: 145 Kyaw Soe, Colonel: 145 military administration: 126 Kyaw Winn, Brigadier: 71, 145 military missions: 145 KyawYan, U: 12 Ministry of Culture: 114 'Kyipwayay' magazine: 43 Minami, Mr.: 50 KyiMaung, Colonel: 145 'Minami Kikan': 51 Kyin Si, Captain: 145 minority rights: 97, 182 Kyin, U: 140 Minister for Karen Affairs: 173, 182
321 Minister for National Solidarity: 180 'New Light of Burma' newspaper: 39, 43, 'Mister Maung Hmaing': 16 49 modern education: 7 New Order Plan: 57 Moe Gyo, Bo: 52, 53, 56, 60 newspapers: 93 Mons: 131, 192 new states: 190 M onistan: 192 'Nga-Bwint-Saing' party: 32 Mon National Defence Organization Ni, U:20 (MNDO): 192 Ni Khway, Dr. Robert: 190 Mon cultural festival: 192 no-confidence motion: 124, 214 Mon Po Choe: 183, 192 North Vietnam: 203 money bill: 119, 125 Nu, U: 17, 35, 36, 37, 38, 55, 57, 59, 60, Montagu Mission: 12 65, 72, 81, 84, 87, 92, 112, 117, 124, Montagu-Chelmsford Reforms: 13 129, 131, 134, 141, 143, 146, 156, 157, Morale Committee: 141, 142 168, 173, 174, 177, 179, 180, 183, 184, Morley-Minto Reforms: 10 188, 189, 192, 194, 199, 200, 214, Mountbatten, Earl: 70, 71 215,216 mutineers: 130 Nu-Attlee Agreement: 85, 130,211 Mya, Thakin: 48, 58, 64, 72,312 nuclear tests: 204 Mya Bu, Sir: 56, 59 Nyunt, U: 12 Myat Tha Dun, U: 28 NyoMya, U:38 Mya Thein, Justice: 136, 154 Mya U, U: 12 o Mya, U: 59, 77, 113 occupation courts: 198 Mya, Dr.: 313 official language: 206 Myint, Dr.: 49, 56 Ohn, U: 35, 38 Myint Thein, Chief Justice Dr.: 121, lSI, OhnGaing, U: 26 153, 167, 177, 179, 204 Ohn Khin, U: 43 'Myochit' party: 74, 129, 133 oilfield strike: 40 Myoma National High School: 17 ordinances: 126 overseas Chinese: 96 N 'Oway': 36 'naga': 23 p 'Nagani' bookclub: 43 Pakistan: 200 Nai Hla Maung: 192 Pali University: 115 national area: 169 Pan Myaing, Thakin: 132 National Day: 16 Panglong Agreement: 81, 82,171 National Fitness Council: 113 parliamentary democracy: 123 National Government: 70 Parliament: 123 National Library: 114 Patriot Burmese Forces: 69, 130, 142 national minorities: 169 Paw Tun, Sir: 20, 33, 42, 46, 72, 74 national schools: 16 Pay Commission: 139 National United Front: 124, 133, 177, Pe, U: 13 204 Pe Tha, Saw: 33 nationalization: 99, 100 peace guerrilas: 144 naturalization: 94,95 people's army: 142 natural justice: 164 People's Volunteer Organization: 74, 131 natural resources: 100 People's Party: 29 naval reserve force: 54, 143 'personal autonomy': 172 'Naythuyain' meeting: 71, 78 personal laws: 3, 161 Nehm,Premier:2OO physical education: 113 Netaji, Subhas Chandra Bose: 62, Pillay, J. S.: 13 69 Po Aye, U: 25 Ne Win, General: 52, 53, 60, 64, 65, 69, Po Kye, U: 192 131, 134, 143, 144, 145, 146, 185, 215, Po On, Justice: 154 317 PoTha, U: 13 neutrality: 199 'prejudicial act': 154 'New Burma' newspaper: 39, 43 prerogatives of the British Crown: 211
322 FTerident: 116, 125, 135 San Lwin, U: 137 press and GCBA: 16 San Maung, Justice: 153 preventive detention: 101, 154 San Yu, Colonel: 145 Prime Minister: 123, 134 Sama Duwa Sinwa Naung: 173, 180 Prince of Wales: 17 Saw, U: 25, 44, 45, 46, 72, 74, 77, 81, 86, privileges of Members: 127, 128 133 Privileges Committee: 128 Saw AungPa: 187 probation system: 160 Saw Ba U Gyi; 143, 183, 184, 186, 187 prohibition, writ of: 101, 103 Saw Ba Yin: 182 'Proletariats' : 32 Sawbwas: 171, 179 promulgation of laws: 119 SawbwaofHsipaw: 27 'FTovisional Government': 71 Sawbwa of Yawnghwe: 1,27, 182 'FTovisional Government of India': 62 Saw Hla Htun, Dr.: 174, 187, 215 Pu, U: 9, II, 14,20, 28, 29, 33, 44 Saw Johnson D. Po Min: 182 public debts: 212 Saw Lu Lu: 215 Public Order (Preservation) Act: 102, 154 Saw Maung Dauk: 182 public utility services: 100, 208 Saw San Po Thin: 63 Public Service Commission: 138,209 SawT. PoKu: 182 'Pyidawtha': III Saw Win Tin: 182 schools and colleges: 112 Q science and culture: 114 secession: 83, 193 quo warranto, writ of: 101, 104 Secretariat: 139 Secretariat Incident Enquiry Committee: 40 R Sein, U: 187 Rance, Sir H. E. : 78 Sein Hla Aung, U: 7, 11 Rangoon College: 7 separation from India: 21 Rangoon Gazette: 9 separation of the Judiciary: 158 Rangoon Times: 9 service morale: 141 Rangoon University Students Union: 35 Sessions Courts: 157 Raschid, Mr. M. A.: 36, 37, 38, 96 Set, Dr. : 59, 77 Rau, Sir B.N.: 84 Shans:83,86 recall ofM.P.'s: 123, 175 Shan States: 81, 160, 170, 178, 193, 194 Rees-Williams, Lt.-Col. D.R.: 82 Shan and Karenni States: 58, 59 Regional Autonomy Enquiry Commis- Shan Association: 129 sion: 183, 191, 192 Shan States Manual: 178 religious freedom: 98 Shein Htang, U: 174, 189 'religious order': 122 'shikoe': 7 reparations, Japanese: 202 Shi Sho: 143 resistance by the Chins: 6 Shojiro Iida, Lt.-General: 56 retired Judges: 151 Shwe Kyaing, U: 192 Richardson, Dr. D.: 4 Shwedaung battle: 53 Riots Enquiry Commission: 39 Shwedagon, Pagoda: 68 rule of law: 6, 7, 97 Shwe Phi, Saya: 39 ShweZanAung, U: 12 S Sino-Burmese riots: 34 Sino-Burmese frontier: 20 1 Sao Hkun Khio: 134, 174, 178 Sinyetha party: 32, 57, 123 Sao Shwe Thaike: 27, 85, 117, 121, 212 Simon, Sir John: 21 Saophas: 172 Simon Commission: 21 SaoWunna: 174 sitwundan: 143 San C. Po, Dr.: 13, 59 Sixth Great Buddhist Synod: 98 San Nyunt, U:317 Slim, General: 69, 71 San Win, U: 13 Sloss, Principal D.J.: 36 sanad: 172 'small constituent assembly': 83 Sangha: 39,41, 122, 129 Smith-Dun, Lt.-General: 143, 185 Sangha Associations: 21, 27 Social Services Directorate: 160 323 socialism: 99, 133 Thin, V: 13 Social Security Act: 109 'thirty comrades': 51, 62, 64 social services: 111 Thwin, U:59 socialist state: 111 Tin,V: 49 social workers: 112 Tin, Thakin: 93, 131, 132, 214 Socialist Party: 131, 132 Tin Aung:42 Soe, Thakin: 40, 55, 57, 62, 65, 69, 72, Tin Pe, Brigadier: 64,145 74, 130 Times, London: 45 'Soe Thein GCBA': 20, 22, 24 Tin Tut, V: 45, 77, 80, 143 'Sorrento Villa' conference: 113 Tojo, General Hideki: 58, 91 South Vietnam: 203 Trade Union Congress (Burma): 109, 132 Soviet Vnion: 202 Trager, Dr. F. N.: VII Speakers of Parliament: 126 translation of laws: 167 'speaking orders': 162 translation committee: 207 Special Magistrates: 159 treaties with France: 2 States and the Vnion: 171 treaty-making: 198 state of emergency: 125 Tun Aung, V: 24, 61, 68 'State Legislative List': 124, 195 Tun Aung Gyaw, U: 28 State Revenue List: 195 Tun Byu, Chief Justice: 153 state socialism: 92 Tun Myint, V: 134, 178 state succession: 211 Tun Nyein, V: 9 Stalin's death: 204 Tun Ok, Thakin: 52, 54, 60, 72, 76, 77 Steel Corps: 48 Tun On, V: 38, 51 Stewart, J. A. : 9 Tun Pe, V: 29, 59 stndents strike: 16, 36, 40 Tun Shain, V: 14 Sugii, Mr.: 50 Tun Yin, Mahn: 182 suicide squads: 42 'Twenty-One' Party: 19, 20,32 Sun, newspaper: II, 16,39,43 Supayalat, Queen: 2 u Supreme Court: 56, 60, ISO, 160, 161, 163, 165 U Ottama: 14,21 Supreme Council of United Hills Peoples: VNICEF: 111 81,82 uniform judicial system: 160 Suzuki, Colonel: 50 Union Buddha Sasana Council: 98 Swinthinbank, B. W. : 5 Vnion Flag: 206 Union Government: 132, 156 Union Judiciary Act: ISO, 151 T Union Legislative List: 124 Vnion Military Police: 143 Tantabin incident: 78 'Vnion State': 169 Taingda Mingyi: 2 Vnited Kingdom: 202 Taungthu rising: 179 Vnited Nations Organization: 99, 198, teachers: 129 204 Thakins: 34 Vnited States: 200, 202, 204 Thakinparty: 129 Vniversity of Rangoon: 16 Than Pe, Commodore: 54,145 V Seinda: 191 Than Tun, Thakin: 43, 60, 61, 63, 64, 'U Su GCBA': 20, 28, 32 65, 71, 72, 73, 76, 130, 131 V Wisara: 21 Thant, V: 17,92,140,204 Thailand: 203 V Thaung Sein, Justice: 153, 167 village administration: 138 Thein Han, V: VII, 253 VumKoHau:82,l40,188 Thein Maung, Dr.: 33, 40, 49, 58 Vum Thu Maung: 189 Thein Maung, V: 14, 25, 29, 59, 68, 77, 117, lSI, 153,208,317 Thein Pe, V: 35, 57, 63, 72, 73, 130 w Thein Pe, Thakin: 57 war: 135, 197, 198 Thibaw, EJng: I, 6 welfare state: 111 Thi Han, V: 38 White, Sir George: 6
324 White Paper: 70 Yan Aung, U: 74 Whyte, Sir A.F.: 17 Yan Naing, Bo: 51, 53 Willy Kyaw: 182 Yawatwinwun U Po Hlaing: 91 Win,Bo:64 Ye Htut, Bo: 64, 65 Win Maung, President U: 66, 116, 118, Yi Yi,Ma: 38 180, 185 YMBA delegations to London: 14 Win Pe, U: 139, 140 Yugoslavia: 203 women: 97,145 YMBA: 7, 9, II, 13, 14 Women's League: 129 YMCA: 7 workers: 109 Young Sangha Association: 41, 122 World Health Organization: 111 Youth League: 129 World of Books: 5 Wunthanu movement: II, 15 Z Za Hre Lian: 134, 174, 189 y Zan Hta Sin: 173, 174, 180,181,215 Yadanabon Association: 32 Ze Ya, U: 25 Yan Aung, Bo: 51, 65 Zeyya, Bo: 51, 53, 65, 144.