Myanmar Constitution - Chapter 6

Myanmar Constitution - Chapter 6

ENGLISH TRANSLATION OF THE MYANMAR CONSTITUTION

Chapter VI — Judiciary

 

Formation of Judiciary

 

1. In connection with the distribution of judicial powers of the State, the judicial power of the State is distributed,

(a) in accordance with the State Constitution or by other Laws, among the Supreme Court of the Union, High Courts of the Regions, High Courts of the States, Courts of the self-administered divisions, Courts of the self-administered zones, District Courts, Township Courts, other courts constituted by law and judges appointed in accordance with law.

(b) in accordance with the State Constitution or by other laws, among Courts Martial,

(c) in accordance with the State Constitution, to the Constitutional Tribunal.

 

Constitution of the Supreme Court of the Union

 

2. In connection with the constitution of the Supreme Court of the Union,

(a) In the State is constituted one Supreme Court of the Union. The Supreme Court of the Union is the supreme law court of the State which shall not affect judicial powers vested in the Constitutional Tribunal and Courts Martial.

(b) (1) The head of the Supreme Court of the Union shall be called Chief Justice of the Union;

(2) in the Supreme Court of the Union, judges of the Supreme Court of the Union including the Chief Justice of the Union shall be appointed from a minimum number of seven to maximum 11.

(c) (1) The President of the State shall submit the nomination of the person suitable to be appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw and seek the approval of it;

(2) Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President for appointment of the Chief Justice of the Union unless it can clearly prove that the person do not meet the qualifications for the post prescribed in the Constitution;

(3) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of the Chief Justice of the Union;

(4) The President of the State shall appoint the person who has been approved by Pyidaungsu Hluttaw as the Chief Justice of the Union.

(d) (1) The President of the State, in consultation with the Chief Justice of the Union, shall submit the nomination of persons suitable to be appointed as the Judges of the Supreme Court of the Union to the Pyidaungsu Hluttaw and seek the approval of it;

(2) Pyidaungsu Hluttaw has no right to reject persons nominated by the President of the State for the appointment of Judges of the Supreme Court of the Union unless it can prove clearly the persons concerned do not possess the qualifications prescribed for Judges of the Supreme Court of the Union in the Constitution;

(3) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of a Judge of the Supreme Court of the Union;

(4) The President of the State shall appoint the persons approved by Pyidaungsu Hluttaw as Judges of the Supreme Court of the Union.

Qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union

 

3. In connection with qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union,

 

The Chief Justice of the Union and Judges of the Supreme Court of the Union shall

(a) be not younger than 50 years and not older than 70;

(b) possess qualifications, except for age limit, prescribed for Pyithu Hluttaw representative;

(c) (1) have been for at least five years as a judge of the High Court of a region or state, or

(2) have been a judicial officer or law officer for at least ten years not lower than region or state level, or

(3) have been an advocate of a High Court of at least 20 years’ standings;

(4) have been assumed by the President to be a legal expert of prominent reputation.

(d) be loyal to the State and the citizenry;

(e) not be a member of a political party;

(f) not be a Hluttaw representative.

 

Impeachment of the Chief Justice of the Union or Judges of the Supreme Court of the Union

 

4. In connection with the powers to be vested in the President of the State,

(a) The President of the State shall impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union for any of the following reasons,

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) misconduct,

(4) being disqualified for the post of the Chief Justice of the Union or a Judge of the Supreme Court of the Union under the Constitution,

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union, the President of the State shall submit the charge to the Nayaka of the Pyidaungsu Hluttaw.

(c) The Nayaka of the Pyidaungsu Hluttaw shall form an investigation commission and cause the charge to be investigated according to law.

(d) In forming the investigation commission, equal number of representatives of the Pyithu Hluttaw and Amyotha Hluttaw shall be included and a suitable person out of the commission members shall be appointed as chairman of the investigation commission.

(e) The term pending the completion of the investigation shall be determined depending on the magnitude of the charge.

(f) The President of the State may explain the charge made by him before the investigation commission personally or through a representative. He has the right to submit evidence and witnesses.

(g) The person thus charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it.

(h) The Nayaka of the Pyidaungsu Hluttaw shall report to the Pyidaungsu Hluttaw the findings of the investigation commission.

(i) If a decision is passed, supported by two-thirds of the total membership of the Pyidaungsu Hluttaw, declaring that the charge has been substantiated and that the Chief Justice of the Union or a Judge of the Supreme Court of the Union thus charged is such as to render him unfit to continue in office, the Nayaka of the Pyidaungsu Hluttaw shall report the decision to the President of the State.

(j) The President of the State then proceed to remove the Chief Justice of the Union or a Judge of the Supreme Court of the Union who has been impeached.

(k) If the Pyidaungsu Hluttaw decides that the charge has been refuted, the Nayaka of the Pyidaungsu Hluttaw shall report the decision to the President of the State.

 

5. In connection with the impeachment of the Chief Justice of the Union or a Judge of the Supreme Court of the Union,

(a) The Chief Justice of the Union or a Judge of the Supreme Court of the Union shall be impeached for any of the following:

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) moral turpitude,

(4) being disqualified for the post of the Chief Justice of the Union or a Judge of the Supreme Court of the Union under the Constitution

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach the Chief Justice of the Union or a Judge of the Supreme Court of the Union, it shall be done so in accord with the provisions of the Constitution regarding the impeachment of the President or Vice President of the State.

(c) However, if the Hluttaw concerned submits report that the charge has been substantiated and the offence, the subject of the charge, is such as to render the Chief Justice of the Union or a Judge of the Supreme Court of the Union unfit to continue in office, the President of the State shall proceed to proclaim the removal of the Chief Justice of the Union or a Judge of the Supreme Court of the Union.

(d) If the Hluttaw concerned decides that the charge has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President of the State.

 

The term of the Chief Justice of the Union and Judges of the Supreme Court of the Union

 

6. In connection with the term of office of the Chief Justice of the Union and Judges of the Supreme Court of the Union,

The chief Justice of the Union and Judges of the Supreme Court of the Union are to hold office up to the age of 70 unless one of the following occurs:

(a) resignation of own accord;

(b) being removed from office after impeachment in accordance with the provisions of the Constitution;

(c) permanent disability due to either physical or mental defects shown by medical board of examinations prescribed by law, or any other cause rendering them unfit to carry on duties;

(d) death.

 

7. In connection with the Chief Justice of the Union or Judges of the Supreme Court of the Union having to be free from party politics and retiring from civil service,

(a) the Chief Justice of the Union and Judges of the Supreme Court of the Union must be free from party politics;

(b) the Chief Justice of the Union or Judges of the Supreme Court of the Union, if he happens to be a civil servant, must be deemed to have retired from civil service, in accord with existing service regulations from the date of appointment as the Chief Justice of the Union or Judges of the Supreme Court of the Union.

 

8. In connection with duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union, duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union shall be prescribed by law.

 

9. In connection with the status of the Chief Justice of the Union or Judges of the Supreme Court of the Union,

- the Chief Justice of the Union is prescribed to be of the same status as the Vice-President and Judges of the Supreme Court of the Union are prescribed to be of the same status as Union Ministers, for the purpose of reference in prescribing by law duties, rights and privileges of the Chief Justice of the Union or Judges of the Supreme Court of the Union.

 

Formation of High Courts of Region or State

 

10. In connection with formation of High Courts of Region or State,

(a) there is a High Court of the Region in every Region, and a High Court of the State in every State.

(b) (1) the leader of High Court of the Region or High Court of the State shall be known as Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State.

(2) In a High Court of the Region or High Court of the State, a minimum of three and a maximum of seven Judges of the High Court of the Region or the High Court of the State, inclusive of Chief Justice of the High Court of the Region or Chief Justice of the High Court of the State, may be appointed.

(c) (1) the President of the State, in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, shall prepare a nomination of the Chief Justice of the High Court of Region or State, and the Chief Minister of the Region or State concerned, in coordination with the Chief Justice of the Union shall prepare a nomination of the Judges of the High Court of the Region or State concerned, and they shall send them to the Region or State Hluttaw concerned.

(2) Region or State Hluttaw concerned shall not have the right to reject the person nominated by the President of the State in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, to be appointed Chief Justice of the High Court of the Region or State, or the persons nominated by the Chief Minister of the Region or State concerned, in coordination with the Chief Justice of the Union, to be appointed Judges of the High Court of the Region or State concerned, unless it can prove clearly that the person or persons do not fully possess qualifications prescribed for the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State as contained in the Constitution.

(3) There is right to present new nomination as prescribed in place of persons rejected as in sub-paragraph 2 above.

(4) the President of the State shall appoint persons approved by Region or State Hluttaw as the Chief Justice of the High Court of Region or State and Judges of the High Court of the Region or State.

 

Designation of qualifications of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State

 

11. In connection with the qualifications of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State,

- the Chief Justice of the High Court of Region or State and Judges of the High Court of the Region or State shall possess the following qualifications:

(a) person not younger than 45 and not older than 65 years of age;

(b) person who possess qualifications prescribed for Region or State Hluttaw representative except for the age stipulation;

(c) (1) person who has served at least five years as judicial service personnel or law service personnel of not lower than Region or State level or at least ten years as judicial service personnel or law service personnel of not lower than district level, or

(2) a person who has served as advocate for at least 15 years, or

(3) person whom the President of the State regards as a prominent legal expert.

(d) person loyal to the State and the citizenry;

(e) person who is not a member of a political party:

(f) person who is not Hluttaw representative:

 

Impeachment of the Chief Justice of the High Court of Region or State and Judges of the High Court of Region or State

 

12. In connection with empowering the President of the State and the Chief Minister of Region or State,

(a) The President of the State may impeach the Chief Justice of the High Court of Region or State, and the Chief Minister of Region or State may impeach a Judge of the High Court of Region or State, for any of the following:

(1) treason,

(2) breach of a provision of the Constitution,

(3) moral turpitude,

(4) Losing qualifications prescribed for the Chief Justice of the High Court of Region or State or Judge of the High Court of the Region or State,

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) In the event the president of the State wishes to impeach the Chief Justice of the High Court of Region or State, or the Chief Minister of Region or State wishes to impeach a Judge of the High Court of Region or State, he shall send the impeachment to the Region or State Hluttaw Okkahta.

(c) Region or State Hluttaw Okkahta shall form an inquiry committee and have it conduct inquiries in accord with law.

(d) The inquiry committee shall be formed with Region or State Hluttaw representatives, and a suitable one from among them shall be appointed chairman of the inquiry committee.

(e) The time allowed to conduct and complete the inquiry shall also be prescribed, with due consideration of the volume of work involved in the inquiry.

(f) The president of the State or the Chief Minister of Region or State may, in person or through a representative explain the impeachment before the inquiry committee, and has also the right to produce evidence and witnesses.

(g) The person impeached shall be given the right of self-defence, in person or through a representative, in the inquiry.

(h) The Okkahta of the Region or State Hluttaw shall report to the Region or State Hluttaw on the results of the investigation on the charge submitted to him by the

investigation committee.

(i) If it is decided that the charge is correct and that the Chief Justice or judge of High Court of the region or State is not fit to continue in office, then it is to be supported by not less than two-thirds of the total membership of the Hluttaw of the Region or State and the Okkahta of the Hluttaw shall submit the matter to the President if it is the case of the Chief Justice of High Court of the Region or State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of the Region or State. The Chief Minister of the Region or State concerned, on receiving the report, shall submit it to the President.

(j) The President, on receiving the reports, shall order the removal from office of the Chief Justice or judge of the High Court of Region or State.

(k) If the Hluttaw of the Region or State concerned decides that the charge against the Chief Justice or judge of the High Court of Region or State has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President if it is the case of the Chief Justice of High Court of the Region or State and to the Chief Minister of the Region or State concerned if it is the case of the Judge of High Court of the Region or State.

 

13. In connection with impeachment of the Chief Justice or any of judges of High Court of Region or State,

(a) The Chief Justice or a judge of the High Court of Region or State shall be impeached for any of the following:

(1) treason;

(2) violation of any of the provisions of the Constitution;

(3) misconduct;

(4) being disqualified for the post of Chief Justice or judge of the High Court of Region or State as prescribed in the Constitution.

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If there arises a cause to impeach a Chief Justice or a judge of the High Court of a Region or State for any of the above offences, a proposal in writing signed by not less than one-fourth of the total membership of the Region or State Hluttaw shall be submitted to the Okkahta of the Hluttaw concerned.

(c) The Okkahta of the Hluttaw concerned shall cause the charge to be investigated by a committee. The term pending the completion of the investigation shall be determined depending on the magnitude of the charge.

(d) The Chief Justice or judge of the High Court of the Region or State who is charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute;

(e) The finding made by the investigation committee on the charge made by the Region or State Hluttaw against the Chief Justice or judge of the High Court of a Region or State shall be submitted to the Okkahta of the Hluttaw concerned. If a resolution is passed, supported by not less than two-thirds of the total membership of the Hluttaw concerned, deciding that the charge is such as to render the Chief Justice or judge of the High Court of the Region or State unfit to continue in office, the Okkahta of the Hluttaw shall submit the decision to the President if it is the case of the Chief Justice of the High Court of Region of State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of Region or State. The Chief Minister of the Region or State concerned, on receiving the report, shall submit it to the President.

(f) The President, on receiving the reports, shall order the removal from office of the Chief Justice or judge of the High Court of Region or State.

(g) If the Hluttaw of the Region or State concerned decides that the charge against the Chief Justice or Judge of the High Court of the Region or State has been refuted, the Okkahta of the Hluttaw concerned shall submit the decision to the President if it is the case of the Chief Justice of the High Court of Region or State and to the Chief Minister of the Region or State concerned if it is the case of a judge of the High Court of Region or State.

 

The term of the Chief Justice or judges of the High Court of the Region or State

 

14. In connection with term of office of the Chief Justice or judges of the High Court of the Region or State,

- the Chief Justice or judges of the High Court of the Region or State shall have the right to serve till they are fully 65 years of age if there does not arise any of the following reasons:

(a) voluntary resignation;

(b) termination of service after impeachment in accordance with the provisions of the Constitution;

(c) becoming unfit to continue service for permanent disability due to physical or mental impairment as certified by the medical board prescribed by law;

(d) death.

 

 

15. In connection with the need for the Chief Justice or judges of the High Court of the Region or State to be free from party politics and to retire from civil service,

(a) the Chief Justice or judges of the High Court of the Region or State shall be free from party politics;

(b) the Chief Justice or judges of the High Court of the Region or State, if they happen to be civil servants, shall be considered as having retired from civil service in accordance with existing civil service regulations from the date they are appointed the Chief Justice or judges of the High Court of the Region or State.

 

16. In connection with responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State, responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State shall be prescribed by law.

 

17. In connection with the status of the Chief Justice or judges of the High Court of the Region or State, the Chief Justice of the High Court of the Region or State is prescribed to be of the same status as the Union Minister and the judge of the High Court of the Region or State is prescribed to be of the same status as Deputy Minister for the purpose of reference on prescribing by law responsibilities, rights and privileges of the Chief Justice or judges of the High Court of the Region or State.

 

Courts under the supervision of the High Court of the Region or State

 

18. In connection with formation of various levels of courts under the supervision of the High Court of the Region or State:

 

Under the supervision of the High Court of the Region or State, there are the following levels of courts.

(a) if there is no self-administered areas in the Region or State,

(1) district courts,

(2) township courts;

(b) if there is self-administered area in the Region or State,

(1) in the self-administered division

(aa) court of the self-administered division,

(bb) township courts;

(2) in the self-administered zone

(aa) court of the self-administered zone,

(bb) township courts;

(3) in other areas

(aa) district courts.

(bb) township courts;

(4) in the Union territory

(1) district courts

(2) township courts

(c) other courts set up by law.
 

19. In connection with appointment of judges, giving them judicial powers, prescribing their duties, rights and privileges and formation of service organizations at these courts and their duties, rights and privileges:

(a) appointing judges at various levels of courts under the supervision of the High Court of the Region or State, giving them judicial powers and prescribing their duties, rights and privileges shall be in accord with law;

(b) forming service organizations comprising officers and other ranks at the Supreme Court of the Union, High Courts of Regions or States and other courts and prescribing duties, rights and privileges of service personnel in them shall be in accordance with law.

 

The sharing of the judicial power

 

Exclusive original jurisdiction of the Supreme Court of the Union

 

1. (a) The Supreme Court of the Union shall have the exclusive original jurisdiction—

(1) in all matters arising under any treaty made by the Union;

(2) the disputes, other than the constitutional disputes, between the Union Government and region or state governments,

(3) the disputes, other than the constitutional disputes, among the regions, among the states, between regions and states, between Union territories and regions or states,

(4) other matters prescribed by any laws

 

(b) as the Supreme Court of the Union is the highest court of the Union, it is also the final court of appeal

(c) as the judgements passed by the Supreme Court of the Union are final and conclusive, no right of appeal shall be permitted

(d) The Supreme Court of the Union, subject to any provisions of this Constitution or any provisions of other laws, shall have appellate jurisdiction to decide on the judgments passed by the region or state high courts. The Supreme Court of the Union shall also have the appellate jurisdiction to decide on, according to the law, the judgments passed by the other courts.

(e) The Supreme Court of the Union shall have the revisional jurisdiction in accordance with law.

 

2. (a) The Supreme Court of the Union has the power to issue the following writs:

(1) Writ of habeas corpus

(2) Writ of mandamus

(3) Writ of prohibition

(4) Writ of quo warranto

(5) Writ of certiorari

 

(b) The application to issue writs shall be suspended in the areas where the state of emergency is declared.

 

Jurisdiction of the high courts of Region or State

 

3. The high courts of regions or states are vested with the following jurisdiction in accordance with law:

(a) adjudicating on original case

(b) adjudicating on appeal case

(c) adjudicating on revision case

(d) adjudicating on matters vested by any law

 

4. (a) With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.

(b) In case any area located in regions or states is designated to be a Union territory, the region or state high court concerned with regard to the judicial matter is the high court of the courts situated in the said Union territory.

 

Jurisdiction of courts at various levels

 

5. District courts, self-administered division courts and self-administered zone courts have the jurisdiction with regard to original criminal cases, original civil cases, or appeal cases and revision cases, or the matters vested by any law.

 

6. Township courts have the jurisdiction with regard to original criminal cases, original civil cases, or the matters vested by any law.

 

7. The judges appointed in accordance with law are to take charge of the entire judicial affairs on the Union at the courts formed according to this Constitution or any of other laws.

 

8. The Supreme Court of the Union shall submit judiciary budget to the Union government to express them in the Bill of the Annual Union Budget in accordance with the provisions of this Constitution.

 

9. The Chief Justice of the Union shall have the right to submit the important judiciary condition concerning the State or the public to the session of the Pyidaungsu Hluttaw or the Pyithu Hluttaw, or the Amyotha Hluttaw on an occasional basis.