Personal tools
You are here: Home → Resources → Shan History → Publications → NLD Interim Constitution
Navigation
RESOURCES
SHANLAND.ORG
 
Document Actions

NLD Interim Constitution

by admin — last modified 2005-05-18 11:24

NLD Interim Constitution, Amendments to the 1947 Original Law of the
Constitution, 28 July 1990

 

In exercise of the authority of the 1947 Constitution, Article (11), Section (702), this People's Assembly (Pyithu Hluttaw) hereby abrogate, alter, supplement, the Articles shown below, which are severely amended.

Article - (1)
Original Text

Section 1. Accepted original Section without amendments.
Section 2. Principle in original Section abrogated and substituted by current State/Township (14).
Section 3. Accepted original Section.
Section 4. Accepted original Section.
Original Sections 5, 6, 7, being in connection with formation of States, has been annulled since it is no more necessary.
Phraseology in original Section (8) is annulled since those are already a component of Section (4).

Article - (2)
Original Rights

Section 5. With omission of the phrase – "that of the respective member of the Union" – in Section (9) original principles are accepted.

Citizenship

Section 6. Accepted original Section (10) in entirety.
Section 7. Original Section (11) is annulled and resubstituted with terms consistent with current situation and to comply with the Myanmar Citizenship Laws.
Section 8. Original Section (12) accepted in entirety.

Rights of Information

Section 9. Original Section (13) accepted in entirety.
Section 10. Original Section (14) accepted in entirety.
Section 11. Original Section (15) accepted in entirety.

Rights of Freedoms

Section 12. Original Section (16) accepted in entirety.
Section 13. In original Section (17) the phrase – "for Public Order" to be resubstituted with "accepted up to".
Section 14. While accepting original Section (18), the proviso therein is considered inappropriate and accordingly deleted.
Section 15. Original Section (19) and all its sub-sections accepted.

Rights connected with Religion

Section 16. In original Section (20) the phrase – "for Public Order" to be replaced with "for peace and prosperity of the People" and accepted as in the original.
Section 17. Original Section (24) accepted in entirety.

Cultural and Education Rights

Section 18. Original Section (22) accepted in entirety.

Economical Rights

Section 19. Although original Section (23) and sub-sections 1, 2, 3, 4, are accepted as in the original, sub-section 5 is annulled since it will not be in consonance with acceptable policies to be practised.

Rights in Criminal Law

Section 20. Original Section (24) accepted in entirety.

Defensible and Attainable Rights under the Constitution

Section 21. Original Section (25) accepted in entirety.
Section 22. Original Section (26) accepted in entirety.
Section 23. Original Section (27) accepted in entirety.
Section 24. Original Section (28) is accepted with the substitution of the phrase – "for Public Order" with "for peace and prosperity of the People".
Section 25. Original Section (29) accepted in entirety.

Article – (3)

Duties to the nation by Peasants and Workers:

Provisions in original Sections 30, 31 of the law being primary policies of the nation, it is considered that these should be separately omitted so that compliance to the League's policy, as well as the wishes of the messes can be obtained.

References tot he Nation's Doctrine

Section 26. Original Section (32) accepted in entirety.
Section 27. Original Section (33) accepted in entirety.
Section 28. Original Section (34) accepted in entirety.
Section 29. Original Section (35) accepted in entirety.
Section 30. Original Section (36) accepted in entirety.
Section 31. Original Section 37(2), sub-section (1) is accepted as in the original – while in sub-section (2) the words – "child-care day departments" – is corrected to read "Day child-care departments".
Section 32. Original Section (38) accepted in entirety.
Section 33. Original Section (39) accepted in entirety.
Section 34. Original Section (40) accepted in entirety.
Section 35. Original Section (41) is accepted, with the concluding word – "schemes" substituted by – "undertakings".
Section 36. In Original Section (42) the phrase – "co-operatives and similar economic organisations must be given more privileges" – is annulled and remaining laws accepted.
Section 37. Original Section (43) accepted in entirety.
Section 38. In original Section (44), sub-section (1) and (2) – the phrase – "also individual business entrepreneurs" – is inserted, and accepted as in the original.

Article – (4)
President of the Nation

Section 39. Original Section (45) is accepted, with supplementation of the phrase – "must also be the Commander-in-Chief of all the armed forces, including Army, Navy, and Air Forces".
Section 40. Original Section (46) is accepted with deletion of the phrase – "two chambers" from – "two chambers of Hluttaw".
Section 41. In original Section (47) the words "one of the Chambers" – is deleted.
Section 42. Original Section (48) is accepted.
Section 43. Original Section (49) is accepted.
Section 44. Original Section (50) is accepted.
Section 45. Original Section (51) is accepted with the words "two chambers" deleted.
Section (52) is annulled since it is a restriction of the President's authority.
Section 46. Section (53) accepted in entirety.
Section 47. In Section (54), sub-sections 1, 2, 3, 4, accepted as in original.
In section (54), sub-section 5, the phrase – "the other chamber of the Hluttaw" – is amended by substitution of – "by the full bench of the High Court".
Section (54), sub-section 6, accepted as in original.
In Section (54), sub-section 7, the phrase – "party investigation the allegation or the party which directs it" is annulled.
Section 48. Original Section (55) accepted entirety.
Section 49. Original Section (56) accepted entirety.
Section 50. Original Section (57) accepted in entirety.
Section 51. Original Section (58) – the words "two chambers" – are annulled.
Section 52. Original Section (59) is annulled and "usages of phrase" have been altered and rewritten.
Section 53. Original Section (60) accepted in entirety.
Section 54. Original Section (61) accepted in entirety.
Section 55. Original Section (62), sub-section (1) accepted.
In original Section (62), sub-section (2), in place of Section (54), (49) is substituted, while the last two lines are annulled and substituted by the phrase – "by the full bench of the High Court".
Original Section (62), sub-section 3, accepted as in original.
Section 56. In original Section (63) the three last lines are annulled.
Section 57. Original Section (64), sub-section (1) accepted.
In original Section (64), sub-section (2) the phrase – "President of the Chamber of Nationalities – is deleted, and substituted by – "the nation's Attorney-General".
Sub-section (3) accepted; sub-section (4) annulled, and (5), (6) (7) accepted as in original.

Article – (5)
Parliament
Part – 1.
Various Matters

Section 58. Terminology in original Section (65) have been annulled and amended and substituted by "phrases in conformity with modern trends".
Section 59. In original Section (66) the terms "at least twice within a year" and there must not be a lapse of 8 months" – have been amended and substituted.
Section 60. Original Section (67), sub-sections 1, 2, 3, 4, are accepted, while subsection 5, being law applicable to the Chamber of Nationalities, is annulled.
Section 61. While accepting original Section (68), sub-section 1, without change, original Section (68) sub-section 2, will have the three last lines annulled.
Section 62. While accepting original Section (69), sub-sections 1, 2, 3, as in the original, original Section (69) sub-section 4, being law applicable to the Chamber of Nationalities, is annulled.
Section 63. Original Section (70) accepted without amendments and confirmed.
Section 64. Original Section (71) accepted without amendments and confirmed.
Section 65. Original Section (72) accepted without amendments and confirmed.
Section 66. Since original Section (73), sub-section 1, is law applicable to the two chambers of the Hluttaw, it has been annulled.
Sub-sections 2, 3, are accepted as in original.
Section 67. In original Section (74) the phrase "various Hluttaw" is annulled and remaining terms confirmed.
Section 68. Original Section (75) accepted without amendments and confirmed.
Section 69. Original Section (76) accepted without amendments and confirmed.
Section 70. Original Section (77) accepted without amendments and confirmed.
Section 71. Original Section (78) accepted without amendments and confirmed.
Section 72. Original Section (80), sub-section 1, is accepted, while sub-section 2, is annulled since it is not necessary.
Section 73. Original Section (81) accepted in entirety.
Section 74. Original Section (82) accepted in entirety.

Part 2.
Pyithu Hluttaw (People's Assembly)

Section 75. In original Section (83), sub-section 1, the last three lines, and in subsection 2, 3, 4, are laws which are not necessary in the present time, are annulled.
Original Section (84), sub-section 2, is amended and substituted as Section (75), sub-section 2.
Original Section (84), sub-section 1, and Section (85) require to be consulted in detail with national races, and accordingly omitted.
Section 76. Original Section (86) accepted without amendments and confirmed.

Part 3.
Hluttaw of Nationalities

Omitted because it should be consulted in detail with national races, and, furthermore, it is not necessary in the present situation.

Part 4.
Authority of Parliament

Section 77. Although original Section (90) is accepted, the exception is not necessary and, furthermore, it can damage the authority of the Parliament, and it is accordingly annulled.
Section 78. Original Section (91) is accepted as in original, with the exception only of amendments in the phraseology.
Since original Sections 92, 93, 94, 95, 96, legal principles have still to be consulted comprehensively and undertaken with the national races, these are omitted.
Section 79. While accepting original Section (97), (1), the last three lines of sub-section 2, are annulled since these are not necessary.

Part 5.
Legislation

As part 3 as been omitted, Section 98, 99, 100, 101, 102, are also omitted.

Part 6.
Financial Legislation

Since original Section 103, 104, 105, 106, 107, 108, 109 are principles of law applicable to two chambers of the Hluttaw, are not presently necessary, and accordingly annulled.

Section 80. In original (110) the Phrase "two chambers of the Hluttaw" are deleted, the remaining legal principles are accepted in their entirety.

Signing and Declaration

Section 81. Original Section (111) confirmed in entirety.
Section 82. Original Section (112) confirmed in entirety.
Section 83. Original Section (113) confirmed in entirety.

Article – (7)
Union Government

Section 84. Original Section (114) accepted in entirety.
Section 85. Original Section (115) accepted in entirety.
Section 86. In original Section (116), reference to "six months" of a period in time, to be consonant with the period stipulated for Parliament to be in session, is amended to – "8 months".
Section 87. Original Section (117) accepted in entirety.
Section 88. Original Section (118) accepted in entirety.
Section 89. Original Section (119) accepted in entirety.
Section 90. Original Section (120) accepted in entirety.
Section 91. Original Section (121) accepted in entirety.
Section 92. Original Section (122) accepted in entirety.
Section 93. Original Section (123) accepted in entirety.
Section 94. Original Section (124) accepted in entirety.
Section 95. Original Section (125) accepted in entirety.

Attorney General

Section 96. In original Section (126) (1), the term – "with legal practice in the High Court of 15 years" is inserted and supplemented.
Original Section 126 (2) accepted.
Section 97. Original Section (127) accepted.

Auditor General

Section 98 to 102. Original Section (128) to (132) have been accepted without amendments and confirmed.

 
LATEST CARTOON
INDEPENDENCE
REPORT