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CONSTITUTION OF MYANMAR

THE CONSTITUTION
OF
THE SOCIALIST REPUBLIC OF THE UNION OF BURMA

1974
Printed by Printing and Publishing Corporation
Rangoon

The Constitution of the Socialist Republic of the Union of Burma

CONTENTS

PREAMBLE
CHAPTER I THE STATE
CHAPTER II BASIC PRINCIPLES
CHAPTER III STATE STRUCTURE
CHAPTER III STATE STRUCTURE
CHAPTER V COUNCIL OF STATE
CHAPTER VI COUNCIL OF MINISTERS
CHAPTER VII COUNCIL OF PEOPLE'S JUSTICES
CHAPTER VIII COUNCIL OF PEOPLE'S ATTORNEYS
CHAPTER IX COUNCIL OF PEOPLE'S INSPECTORS
CHAPTER X PEOPLE'S COUNCILS
CHAPTER XI FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS
CHAPTER XII ELECTORAL SYSTEM
CHAPTER XIII RECALL, RESIGNATION AND REPLACEMENT
CHAPTER XIV STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL
CHAPTER XV AMENDMENT OF THE CONSTITUTION
CHAPTER XVI GENERAL PROVISIONS

CHAPTER XVI GENERAL PROVISIONS

We, the people residing in the Socialist Republic of the Union of Burma have throughout history lived in harmony and unity sharing joys and sorrows in weal or woe.

The people of the land have endeavored with perseverance and undaunted courage, for the attainment of independence, displaying throughout their struggles for national liberation against imperialism an intense patriotism, spirit of mutual help and sacrifice and have aspired to Democracy and Socialism.

After attaining independence, the power and influence of the feudalists, landlords, and capitalists had increased and consolidated due to the defects in the old Constitution and the ill-effects of capitalistic parliamentary democracy. The cause of Socialism came under near eclipse.

In order to overcome this deterioration and to build Socialism, the Revolutionary Council of the Union of Burma assumed responsibility as a historical mission, adopted the Burmese Way to Socialism, and also formed the Burma Socialist Programme Party.

The Burma Socialist Programme Party has drafted the Constitution of the Socialist Republic of the Union of Burma, in accordance with the wishes of the people, after extensive and thorough discussions with them, for the purpose of building a peaceful and prosperous socialist society to which the working people of the national races have long aspired.

We, the working people, firmly resolved that we shall-

  • faithfully follow the leadership of the Burma Socialist Programme Party,
  • build a socialist economic system by the Burmese Way to Socialism, for the country to be peaceful and prosperous, opposing all pernicious systems characterized by exploitation of man by man, and of one national race by another, with a view to promoting justice and goodwill among the people, and to freeing them from apathy and callousness, ignorance, backwardness and want of opportunity,
  • build a socialist democratic social order which will afford an opportunity to the people to shape their own destiny, by the Burmese Way to Socialism,
  • live forever in harmony unity and racial equality sharing joys and sorrows through weal and woe in the Socialist Republic of the Union of Burma,
  • efficiently perform all duties and fulfil all obligations in the interest of the State and for the cause of Socialism while enjoying the democratic rights and personal rights and freedom bestowed by this Constitution,
  • - constantly strive to promote international peace and friendly relations among the nations, do adopt this Constitution of the Socialist Republic of the Union of Burma by a nation-wide referendum this IIth day of the waxing of Pyatho of the year 1335 B.E. (the 3rd day of the month of January, 1974 A.D.).

CHAPTER I
THE STATE

Article 1
Burma is a sovereign independent Socialist State of the working people. The State shall be known as The Socialist Republic of the Union of Burma.

Article 2
The Socialist Republic of the Union of Burma is a State wherein various national races make their homes together.

Article 3
The territory of the State shall be the land, sea and airspace which constitute its territory on the day this Constitution is adopted.

Article 4
National sovereignty shall reside in the entire State.

CHAPTER II
BASIC PRINCIPLES

Article 5
A Socialist society is the goal of the State.

Article 6
The economic system of the State is a Socialist economic system.

Article 7
Socialist democracy is the basis of the State structure.

Article 8
There shall be no exploitation of man by man nor of one national race by another in the State.

Article 9
The State safeguards the interests of the working people whose strength is based on peasants and workers.

Article 10
The State shall cultivate and promote the all-round physical, intellectual and moral development of youth.

Article 11
The State shall adopt a single-party system. The Burma Socialist Programme Party is the sole political party and it shall lead the State.

Article 12
The sovereign powers of the State, legislative, executive and judicial reside in the people, comprising all national races whose strength is based on peasants and workers. The Pyithu Hluttaw[1]1, elected by citizens having the right to vote, exercises the sovereign power invested in it by the people and delegates to Organs of State Power in accordance with this Constitution.

Article 13
The Pyithu Hluttaw shall exercise the legislative power solely by itself while it may delegate executive and judicial powers to the Central and Local Organs of State Power formed under this Constitution.

Article 14
The Organs of State Power at different levels shall function in accordance with socialist democratic practices which include mutual reporting, mutually offering, accepting and respecting of advice and wishes, collective leadership, collective decision making, abiding by collective decisions, lower organs carrying out the decisions and directives of the higher organs which in turn respect the views submitted by the lower organs.

Article 15
Every citizen has, in accordance with this Constitution and other relevant laws, the right to-
(a) elect, and to be elected as, people's representatives to the Organs of State Power at different levels;
(b) recall elected people's representatives.

Article 16
Every people's representative, elected to any Organ of State Power, shall report back to the electorate on his work and shall also ascertain the wishes of the people.

Article 17
The working people shall have full participation in local matters, so that such matters may be resolved as far as possible, at the local level. They shall be invested with duties and powers.

Article 18
The State-

(a) is the ultimate owner of all natural resources above and below the ground, above and beneath the waters and in the atmosphere, and also of all the lands;
(b) shall develop, extract, exploit and utilize the natural resources in the interest of the working people of all the national races.

Article 19
The State shall nationalize the means of production within the land. Suitable enterprises shall be owned and operated by co-operatives.

Article 20
The State may, in accordance with law, permit such private enterprises which do not undermine the socialist economic system.

Article 21
(a) The State shall be responsible for constantly developing and promoting unity, mutual assistance, amity and mutual respect among the national races.
(b) The national races shall enjoy the freedom to profess their religion, use and develop their language, literature and culture, follow their cherished traditions and customs, provided that the enjoyment of any such freedom does not offend the laws or the public interest.

Article 22
All citizens shall-

(a) be equal before the law, regardless of race, religion, status, or sex;
(b) enjoy equal opportunities;
(c) enjoy the benefits derived from his labor in proportion to his contribution in manual or mental labor;
(d) have the right to inherit according to law.

Article 23
No penal law shall have retrospective effect.

Article 24
Punishments shall not be awarded in violation of human dignity.

Article 25
Laws shall be enacted to enforce the freedoms, powers, rights, duties and restrictions prescribed by this Constitution.

Article 26
The State consistently practices an independent foreign policy, aimed at international peace and friendly relations among nations, and upholds the principles of peaceful co-existence of nations.

Article 27
These basic principles constitute the guidelines for interpreting the provisions of this Constitution and of other laws.
[1] People’s Congress

CHAPTER III
STATE STRUCTURE

Article 28
Local autonomy under central leadership is the system of the State.

Article 29
(a) Local areas of the Socialist Republic of the Union of Burma shall be organized as follows:-
(1) villages are organized as village-tracts;
(2) wards are organized as towns;
(3) village-tracts and towns are organized as townships;
(4) townships are organized as states or divisions;
(5) states and divisions are organized as the State.
(b) The different levels of administrative areas of the Socialist Republic of the Union of Burma shall be as follows:-

(1) wards or village-tracts;
(2) townships;
(3) states or divisions;
(4) the State.

Article 30
(a) Kawthoolei is constituted as Karen State;
(b) Chin Special Division is constituted as Chin State;
(c) Tenasserim Division (I) is constituted as Mon State;
(d) Tenasserim Division (2) is constituted as Tenasserim Division;
(e) Arakan Division is constituted as Arakan State.

Article 31
The States and Divisions of the Socialist Republic of the Union of Burma are as follows:-

(a) Kachin State
(b) Kayah State
(c) Karen State
(d) Chin State
(e) Sagaing Division
(f) Tenasserim Division
(g) Pegu Division
(h) Magwe Division
(i) Mandalay Division
(j) Mon State
(k) Arakan State
(l) Rangoon Division
(m) Shan State
(n) Irrawaddy Division.

Article 32
The Socialist Republic of the Union of Burma has a unicameral Pyithu Hluttaw.

Article 33
The Council of State shall be formed for the purpose of directing, supervising and co-ordinating the works of the Central and Local Organs of State Power and of the Bodies of Public Services in accordance with the laws, rules and resolutions passed by the Pyithu Hluttaw.

Article 34
The following Central Organs of State Power shall be formed to carry out the tasks laid down by the Pyithu Hluttaw:-

(a) The Council of Ministers;
(b) The Council of People's Justices;
(c) The Council of People's Attorneys;
(d) The Council of People's Inspectors.

Article 35
A People's Council shall be formed for each State, Division, Township, Ward and Village-tract.

Article 36
(a) An Executive Committee, a Committee of Judges and an Inspection Committee shall be formed for each State, Division, or Township People's Council.
(b) An Executive Committee and a Committee of Judges shall be formed for each Ward or Village-tract People's Council.

Article 37
Bodies of Public Services, such as bodies of Public Administrative Services, Judicial Services, Law Services and Accounts Services shall be formed where necessary at central and local levels.

Article 38
The Pyithu Hluttaw may, in the interests of the State re-demarcate the territorial limits of the State by a vote of 75 per cent of all the members of the Pyithu Hluttaw.

Article 39
The Pyithu Hluttaw may make laws to-

(a) reconstitute States or Divisions as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned;
(b) re-demarcate the boundary of any State or Division, as the need arises, after ascertaining the wishes of the citizens residing in the States or Divisions concerned;
(c) change the name of any State or Division, as the need arises, after ascertaining the wishes of citizens residing in the State or Division concerned.

Article 40
The Council of Ministers may constitute or reconstitute villages, village-tracts, wards, towns and townships within a State or Division, as the need arises, in consultation with the People's Councils concerned.

CHAPTER IV
PYITHU HLUTTAW

Article 41
The Pyithu Hluttaw is the highest Organ of state power. It exercises the sovereign powers of the State on behalf of the people.

Article 42
The Pyithu Hluttaw shall be formed with People's representatives elected directly by secret ballot by citizens who have the right to vote under this Constitution and other electoral laws.

Article 43
The regular term of the Pyithu Hluttaw is four years from the date of its first session.

Article 44
The legislative power of the State is vested solely in the Pyithu Hluttaw.

Article 45
The Pyithu Hluttaw may delegate executive and judicial powers of the State to Central and Local Organs of State Power in accordance with this Constitution.

Article 46
The Pyithu Hluttaw shall have the right to enact laws concerning the culture of a national race only with the consent of more than half of all the members of the Pyithu Hluttaw from the State or Division concerned.

Article 47
The Pyithu Hluttaw shall have exclusive power to enact laws relating to State economic plans, annual budget and taxation.

Article 48
The Pyithu Hluttaw shall decide-

(a) important matters only by a vote of 75 per cent of all of its members;
(b) ordinary matters by a vote of more than half of all its members;
(c) as to whether any matter is important or ordinary by a vote of more than half of the members present.

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