CONSTITUTION OF MYANMAR

CHAPTER XIII
RECALL, RESIGNATION AND REPLACEMENT

Article 187
Any organ of State or the people who have elected and assigned duties to a people's representative or an organ wishing to recall such representative or organ for any of the following reasons, shall have the right to do so in accordance with law-

(a) violation of any provision of the Constitution;
(b) inefficient discharge of duties or
(c) misbehavior.

Article 188
Any people's representative who has been elected, or any representative who has been assigned duties in any organ of the Pyithu Hluttaw or of any People's Council, may submit his resignation to the respective organ in accordance with law.

Article 189
A vacancy arising for any reason in the Pyithu Hluttaw or in any People's Council at any level or in an organ of the Pyithu Hluttaw or the Council concerned shall be filled by election in accordance with law.

CHAPTER XIV
STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL

Article 190
The State Flag shall be as shown below:- [Image pending].
[ The flag has a red background with a blue rectangle top left containing 14 white stars surrounding a white wheel with 15 outward-pointing cogs, at the center of which is a yellow rice stalk - unofficial description]

Article 191
State Seal shall he as shown below: [image pending]

Article 192
The Pyithu Hluttaw shall prescribe the National Anthem Until a new National Anthem is prescribed the present National Anthem shall be used.

Article 193
The capital of the Republic is Rangoon.

Article 194
(a) The Preamble of this Constitution Articles I and 4 of Chapter I Articles 5, 6, 7, 8, 9, II, I2, I4, I8 and 2I of Chapter II Articles 28, 29 and 32 of Chapter III Articles 4I, 44 and 46 of Chapter IV and Article I94 of Chapter XV shall be amended with the prior approval of 75 per cent of all the members of the Pyithu Hluttaw in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote.
(b) Provisions other than those mentioned in Clause (a) shall be amended only with a majority vote of 75 per cent of all the members of the Pyithu Hluttaw.
(c) Members of the Pyithu Hluttaw may submit to the Pyithu Hluttaw motions for amending this Constitution.
(d) If a People's Council wishes to submit a motion for amending this Constitution such a motion shall be submitted stage by stage from the lower to the higher levels and finally to the Pyithu Hluttaw.

CHAPTER XVI
GENERAL PROVISIONS

Article 195
This Constitution shall come into force throughout the Union after its adoption in a nation-wide referendum by more than half of all the people who have the right to vote.

Article 196
The Revolutionary Council of the Union of Burma shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyithu Hluttaw is convened, all the functions of the Pyithu Hluttaw under the Constitution The work done by the Revolutionary Council to bring the Constitution into force shall be deemed to have been carried out In accordance with this Constitution.

Article 197
Interpretation of the preamble, articles, clauses, words and expressions contained in this Constitution shall be based only on the Burmese text.

Article 198
Burmese shall be used as the official language for the purpose of uniformity and clarity in communications between the higher and lower level organs of the State and between such organs at the same level. If necessary the language of the national race concerned may be used.

Article 199
All policy guidelines, laws, rules, regulations, notifications proclamations, measures, responsibilities and rights of the Revolutionary Council of the Union of Burma shall devolve on the Socialist Republic of the Union of Burma.

Article 200
(a) In interpreting the expressions contained in this Constitution, reference shall be made to the Interpretation Law promulgated by the Revolutionary Council of the Union of Burma.
(b) Amendments to and further interpretation of expressions contained in the Law mentioned in Clause (a), shall only be made by the Pyithu Hluttaw.
(c) The validity of the acts of the Council of State, or of the Central or Local Organs of State Power under this Constitution shall only be determined by the Pyithu Hluttaw.

Article 201
The Pyithu Hluttaw may publish interpretations of this Constitution from time to time as may be necessary.

Article 202
(a) This Constitution is the basic law of all laws of the State.
(b) Existing laws and rules shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyithu Hluttaw.
(c) Existing regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Council of State.
(d) Existing laws and rules shall be repealed or amended by the Pyithu Hluttaw to bring them into consonance with this Constitution.
(e) Existing regulations, bye-laws, notifications, orders, directives and procedures shall be repealed or amended by the Council of State to bring them into consonance with this Constitution.
(f) Existing laws, rules, regulations, bye-laws, notifications, orders, directives, and procedures shall, pending their repeal or amendment, be interpreted and acted upon by the Central and Local- Organs of State Power in the spirit of this Constitution.
(g) The Bodies of Public Services shall perform their duties in the spirit of this Constitution.
(h) All functioning organs and all public servants and workers serving under the Revolutionary Council of the Union of Burma on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Council of State.

Article 203
(a) The Council of State and the Central Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw, promulgate such regulations, bye-laws, orders, directives and procedures as may be necessary.
(b) The Local Organs of State Power may, subject to this Constitution and to laws, rules and resolutions passed by the Pyithu Hluttaw and to regulations, bye-laws, orders, directives and procedures promulgated by the respective Central Organs of State Power, promulgate such orders, directives and procedures for the respective local areas as may be necessary.

Article 204
(a) Members of the Pyithu Hluttaw, the Council of State, the Council of People's Justices, the Council of People's Attorneys and the Council of People's Inspectors shall have the right to submit to the Pyithu Hluttaw draft legislation on matters other than those mentioned in Article 89.
(b) The Council of Ministers shall have the right to submit to the Pyithu Hluttaw draft legislation on matters mentioned in Article 89 as well as on other matters.
(c) The People's Councils at different levels may submit draft legislation on matters other than those mentioned in Article 89, stage by stage from the lower to the higher levels of the People's Councils and finally to the Pyithu Hluttaw.

Article 205
The Burma Socialist Programme Party, mass and class organizations formed under its leadership, and the working people may submit suggestions and advice to the organs of State power at different levels, on legal matters, economic planning, the annual budget and other matters.

Article 206
(a) Members of tile Council of State, and of the Council of Ministers shall not serve on any other Organ of State Power other than the organ to which they belong, except in cases provided for in Clause (b) of Article 54 and in Clause (c) of Article 64.
(b) Members of the Council of People's Justices, of the Council of People's Attorneys and of the Council of People's Inspectors shall not serve on any Organ of State Power other than the organ to which they belong or on any other Organ of the Pyithu Hluttaw.
(c) Members of the Executive Committee and of tile Inspectorates of the People's Councils at the State, Divisional and Township levels shall not serve on any Local Organ of State Power other than the organ to which they belong or on any Affairs Committee.
(d) Members of the Committee of Judges of the People's Councils at different levels shall not serve on any Local Organ of State Power other than the organ to which they belong. They may, however, serve on the Affairs Committees of the People's Council concerned.

Article 207
The number of people's representatives which shall constitute the quorum at meetings of the Pyithu Hluttaw and the People's Councils at different levels shall be 75 per cent of all the people's representatives.

Article 208
The Council of State or an Affairs Committee of the Pyithu Hluttaw may invite any Central Organ of State Power to attend and answer questions, and such organ shall be under a duty to respond.

Article 209
(a) Should the Pyithu Hluttaw or any People's Council at any level be dissolved before the expiry of its regular term, the term of office of the newly elected Pyithu Hluttaw or People's Council shall be for the remaining period of the term of the dissolved Pyithu Hluttaw or People's Council.
(b) Should any People's Council be formed after the formation of the Pyithu Hluttaw, the term of such People's Council shall be the same as the regular term of the Pyithu Hluttaw.

P.P.C. 87II/74/2.5.
[This text is derived from/checked against the versions contained in "Democracy and Politics in Burma" (NCGUB, 1993); "Constitutions of the Countries of the World: Union of Myanmar (formerly Union of Burma)" Oceanea Publications Inc.,1990; and "The Constitution of the Socialist Republic of the
Union of Burma" UNHCR 2001.]

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