Constitutional Tribunal of the

Union Myanmar
Union,

Presented by,
U Mya Theinn,Chairperson
Daw Hla Myo Nwe,Member
U Myo Chit,Member

1 8th February 2014

 Background history
1. Myanmar was established under the 1947
Constitution after independence from the British
Government, Section 151 (1) of 1947 Constitution
stated:
“ (1) If att any time
ti it appears to
t the
th President
P id t that
th t a
question of law has arisen, or is likely to arise, which
is of such a nature and of such public importance
p it, he may
that it is upon y refer the qquestions to that
Court for consideration, and the Court may, after
such hearing as it thinks fit, report to the President
thereon.

2
2. Subject to this proviso, any constitutional
problem concerning the Constitution , the President
can undertake to seek officially
y the legal
g opinion
p of
the Supreme Court, which is the highest judicial body.
This can be achieved by the prescribed process
through the President who is authorized to give
referral to the Supreme Court.
Court In fact,
fact the President
has used this authorization and referred some cases to
the
h Supreme
S C
Court.

3
 State C
S Constitution
i i
Sec: 25.(1)
( ) The right
g to move the Supremep Court byy
appropriate proceeding 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.
4
3
3. In 1947,
1947 the Supreme Court was granted
additional powers to implement precise judicial
functions and to conduct judiciary work in line with the
C
Constitution.
i i I was provided
It id d in
i Section
S i 153 off the
h 1947
Constitution .

5
4. Under the authorization of Section 153, the
Judiciary Act N0.8 was promulgated on 4.1.1948 by
the legislative authority . Section 2 of this Act, unless
the context otherwise requires,- “Constitution” means
the Constitution of the Union of Myanmar as in force
for the time being.

6
5
5. The Jurisdiction and powers of the Supreme
Court was found in Section 4,5,6
, , of the Union
Judiciary . Act.
“Section 4”
The Supreme Court shall be a Court of Record
andd shall
h ll have
h supervision
i i over all
ll Courts
C t in i the
th
Union. It shall sit in the capital
p cityy 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,
time appoint.
appoint
7
6. The powers given to the Supreme Court to
supervise “over all courts in the Union” is very
expansive under Section 4 of the Union Judiciary Act.
Iff any court decision
d i i off the
h Union
i which
hi h is
i not in
i
accordance with existing Laws,
Laws the Supreme Court on
itss ow
own motion
o o o or w
when
e a ccase
se iss sub
submitted,
ed, hass thee
ability to revise and correct the judgement.

8
7. As mentioned above,, the right
g to submit writs
under Section 25 of the 1947 Constitution allows the
citizens to take protection of their Constitutional rights.
It means the Supreme Court has powers to check the
constitutionality of the activities of the Judiciary and
Executive Authorities in accord with the Constitution.
Constitution

9
8. On 2nd March 1962, the Revolutionary
G
Government t came to
t power and d the
th 1947 Constitution
C tit ti
was suspended. In 1974, the Constitution of the
Socialist Republic of the Union of Myanmar was
enacted.Section.200 and Section.201 of the 1974
Constitution provided:
“Section 200”
(a) In interpreting the expressions contained in this
Constitution, reference shall be made to the
p
Interpretation Law p promulgated
g byy the
Revolutionary Council of the Union of Burma.

10
(b) Amendments to and further interpretation of
expressions contained in the Law mentioned in
Clause (a) shall only be made by the Pyithu
Hluttaw. (Peoples’ Parliament)
(c) The validity of the acts of the Council of State,
or of the Central or Local Organs g of State
Power under this Constitution shall only be
determined by the Pyithu Hiuttaw.
Hiuttaw (Peoples
(Peoples’
Parliament)

11
 “ Section 201”

The Pyithu
y Hluttaw may
yppublish interpretation
p of this
Constitution from time to time as may be necessary.

13. Under the provisions of 1974 Constitution only

Pyithu Hluttaw (Peoples’ Parliament) is authorized to
review and make decision on Constitutional issues.

12
 9. In the meetingg of the Pyithu
y Hluttaw, held on
Oct 21, 1975, Section 73, Subsection (h) and (i) of the
Constitution was interpreted and defined. The original
provision of Section 73, Subsection (h) provides that
decisions with regard to entering,
entering ratifying,
ratifying amending
or revoking International Treaties shall be made with
th approvall off Pyithu
the P ith Hluttaw.
Hl tt Lik i the
Likewise, th original
i i l
meaning of Subsection (i) relates to the decisions on
Bilateral Treaties.

13
10. On sixth day of Fourth Meeting of First Pyithu
Hl tt
Hluttaw (P l ’ Parliament)
(Peoples’ P li h ld on 21st October,
t) held O t b
1975 , the provisions contained in Sub- Articles (h) and
(i) of the State Constitution are interpreted by the
Hluttaw .
1.(a) Under Sub- Article (h) of Article 73, among
the Agreements to be concluded with foreign countries,
countries
with the approval of the Hluttaw, giving decision on
confirmation,
fi i cancellation
ll i of, f or withdrawal
i hd l from
f the
h
Agreement;-

14
 Bilateral/ multilateral treaties that require the approval
of the State Council:-

 Treaties that are to be submitted to the State Council

urgently after concluding by the Council of Ministers
authorized by the State Council:-

15
 Current Law and Practice

11. The 1974 Constitution became inactive during

th tenure
the t off State
St t Peace
P and
d Development
D l t Council
C il
on 18 September 1989
1989. The current 2008
Constitution was adopted on 31 Jan 2011.

16
12
12. Section 46 of the 2008 Constitution
“A Constitutional Tribunal shall be set up to
interpret the provisions of the Constitution,
Constitution to scrutinize
whether or not laws enacted by the Pyidaungsu Hluttaw,
the Region Hluttaws and the State Hluttaws and
functions of executive authorities of Pyidaungsu,
Regions States and Self-Administered
Regions, Self Administered Areas are in
conformity with the Constitution, to decide on disputes
relating to the Constitution between Pyidaungsu and
Regions, between Pyidaungsu and States, among
Regions among States,
Regions, States and between
bet een Regions or States
and Self-Administered Areas and among Self-
Ad i i t d Areas
Administered A th
themselves,
l andd to
t perform
f other
th
duties prescribed in this Constitution.”
17
13. The principle of check and balance is conducted
13
to uphold the three branches of sovereign power,
namely,
l legislative
l i l ti power, executive
ti power andd judicial
j di i l
power. Each branch has powers to check and balance
the activities of the other two branches in order to
maintain the Constitution. In this pprocess, the Tribunal
has taken the judicial powers of the judiciary sector
partially to check and balance the functions of the
legislative and executive branch.

18
In some countries, the power of judicial authority is
g
assigned to the highest
g court of the State. The author
would like to put emphasis on the point that the
Constitutional Tribunal has exercised it judicial
control within the extent and permission of the
Constitution and all other existing laws.
laws

19
Provisions of Constitutional Tribunal

14. The formation of the Tribunal is stated in

section 320 and 321 as follows: Section 320. The
Constitutional Tribunal of the Union shall be formed
with nine members including the Chairperson.

20
Section 321. The President shall submit the
candidature list of total nine persons,
persons three
members chosen by him, three members
chosen
h b the
by th Speaker
S k off the th Pyithu
P ith Hluttaw
Hl tt
(Peoples’ Parliament) and three members
chosen by the Speaker of the Amyotha
Hluttaw(( National Parliament), ), and one
member from among nine members to be
assigned as the Chairperson of the
Constitutional Tribunal of the Union, to the
Pyidaungsu Hluttaw for its approval.
approval

21
15. As the Tribunal is formed with 9 members,, if the
Chairman or one of the members is not available, we
may say that composition of the Tribunal becomes
incomplete. It means the matters needed to be oversight
by all members shall not be performed.
performed The Chairman is
selected among 9 members by the President ( 3 members
are selected
l t d by
b the
th President,
P id t the
th other
th 3 by
b the
th Speaker
S k
of the People`s Parliament and the remaining 3 members
are selected
l d by
b theh Speakers
k off the
h National
i l Parliament)
li )
but the Tribunal Law is amended by the Union
Parliament on 21.1.2013. According to this amendment
Law ((Section 6,),) the Chairman shall be assigned
g in
consultation with the President and two Speakers.

22
16. The
16 Th functions
f ti and
d d ti
duties off the
th Tribunal
T ib l is i
prescribed in Section 322 and Section 323 .
Section 322. The functions and duties of the
Constitutional Tribunal of the Union are as follows :
(a) interpreting the provisions under the
Constitution;
(b) vetting whether the laws promulgated by the
Pyidaungsu Hluttaw,
Hluttaw the Region Hluttaw,
Hluttaw the State
Hluttaw or the Self-Administered Division Leading
Body
d andd the
h Self-Administered
S lf Ad i i d Zone Leading
di Body d
are in conformity with the Constitution or not;

23
(c) vetting whether the measures of the executive
authorities
h i i off the
h Union,
U i the
h Regions,
R i the
h States,
S
and the Self-Administered Areas are in
conformity with the Constitution or not;
((d)) decidingg Constitutional disputes
p between the
Union and a Region, between the Union and a
State between a Region and a State,
State, State among the
Regions, among the States, between a Region or
a State
St t andd a Self-Administered
S lf Ad i i t d Area
A andd among
the Self-Administered Areas;

24
(e) deciding disputes arising out of the rights and
d i off the
duties h Union
U i and d a Region,
R i a State
S or a
Self-Administered Area in implementing the
Union Law by a Region, State or Self-
Administered Area;;
(f) vetting and deciding matters intimated by the
President relating to the Union Territory;
(g) functions and duties conferred by laws enacted by
th Pyidaungsu
the P id Hl tt
Hluttaw. ( Union
U i Parliament)
P li t)

25
Section 323.
323 In hearing a case by a Court,
Court if there
arises a dispute whether the provisions contained in
any law
l contradict
t di t or conform
f t the
to th Constitution,
C tit ti andd
if no resolution has been made by the Constitutional
Tribunal of the Union on the said dispute, the said
Court shall stay
y the trial and submit its opinion
p to the
Constitutional Tribunal of the Union in accord with
the prescribed procedures and shall obtain a
resolution. In respect of the said dispute, the
resolution of the Constitutional Tribunal of the Union
shall be applied to all cases.
- C
Cases d id d on the
decided th basis
b i off 2008 Constitution
C tit ti
was attached as Annex “B”.
26
17. The following
17 follo ing provisions
pro isions should
sho ld be known
kno n to
those who are studying the Constitution or examining
problems related to the Constitution. Chapter -1
Section 48, provided the Basic Principle of the
Union.
Section 48. The Basic Principles of the Union
shall be the guidance in enacting laws by
legislature and in interpreting the provisions of
this Constitution and other laws.
S ti
Section 446 Existing
446. E i ti l
laws shall
h ll remain
i in
i
operation in so far as they are not contrary to
this Constitution until and unless they are
p
repealed or amended byy the Pyidaungsu
y g Hluttaw.
27
Section 198. The effect of laws enacted by different
levels of the Hluttaw and the Leading Bodies of the
Self-Administered Area is
( ) if any provision
(a) ii off the
h law
l enactedd by
b theh
Pyidaungsu Hluttaw, the Region Hluttaw, the
State Hluttaw, the Leading Bodies of the Self-
Administered Division or the Self-Administered
Zone or, any existing law is inconsistent with any
provision of the Constitution,
Constitution the Constitution
shall prevail;

28
(b) if any provision of the law enacted by the Region
Hluttaw or the State Hluttaw is inconsistent with
any provision of the law enacted by the Pyidaungsu
Hl
Hluttaw, the
h law
l enacted
d by
b theh Pyidaungsu
P id
Hluttaw shall prevail;
(c) if any provision of the law enacted by the Leading
Bodyy of the Self-Administered Division or the
Self-Administered Zone is inconsistent withany
provision of the law enacted by the Pyidaungsu
Hluttaw, the law enacted by the Pyidaungsu
Hl tt shall
Hluttaw h ll prevail;
il;

29
(d) if any provision of the law enacted by the
Leadingg Bodyy of the Self- Administered
Division or the Self-Administered Zone is
inconsistent with any provision of the law enacted
by the Region Hluttaw or the State Hluttaw
concerned,
d the
th law
l enacted
t d by
b the
th Region
R i Hluttaw
Hl tt
or the State Hluttaw concerned shall prevail.

30
Section 447. Existing rules, regulations, by-laws,
notifications, orders, directives and procedures shall
p
remain in operation in so far as theyy are not
contrary to this Constitution until and unless they
are repealed or amended by the Union Government.
Section 449. This Constitution is the Basic Law of
all the laws of the Union.
Union
Section 450. Myanmar language is the official
language.

31
Section 452. Interpretation of the preamble, Sections,
Sub-Sections, expressions, individual words and ideas
of this Constitution shall be based only on the
Myanmar text.
Section 336. The formation and communication of
the Constitutional Tribunal of the Union, duties,
powers and rights of the Chairperson and members of
the Tribunal shall be prescribed by law.

32
18. In order to implement the functions of the
Tribunal, , the Law of the Constitutional Tribunal was
enacted by the State Peace and Development Council
on 28 Oct, 2010. Some amendments were made by
P id
Pyidaungsu Hl tt Law
Hluttaw L N 4/2013.
No. 4/2013 InI accordd with
ith
Section (336),however, the crucial point to note is the
functions and duties of the Tribunal are bound within
a p predictable framework of jjudicial pprocess in
conformity with Chapter 5, Section 18 to 22.

33
Therefore, when cases are submitted, the Tribunal
shall give to the parties in dispute, the right to present
g to argue
the case, the right g and the rightg to hearing. g
Only then, the Tribunal shall give a fair and just
decision after completion of the above due process.
19. The persons or organizations who are entitled to
submit the case to the Tribunal are stated in Section
325 and Section 326 .

34
 Section 325. The following persons and
organizations
g shall have the right
g to submit matters
directly to obtain the interpretation, resolution and
opinion of the Constitutional Tribunal of the Union :
(a) the President;
(b) the Speaker of the Pyidaungsu
P ida ngs Hluttaw;
Hl tta ;
(c) the Speaker of the Pyithu Hluttaw;
(d) the Speaker of the Amyotha Hluttaw;
(e) the Chief Justice of the Union;
(f) the Chairperson of the Union Election
Commission.

35
 Section 326. The following persons and
organizations
g shall have the right
g to submit matters to
obtain the interpretation, resolution and opinion of the
Constitutional Tribunal of the Union in accord with the
prescribed procedures :
(a) the Chief Minister of the Region or State;
(b) the Speaker of the Region or State Hluttaw;
(c)the Chairperson of the Self-Administered Division
Leading Body or the Self-Administered Zone
Leading Body;
(d) Representatives numbering at least ten percent of
all the representatives of the Pyithu Hluttaw or the
Amyotha Hluttaw.
Hluttaw
36
 20. According g to the above mentioned pprovision,,
the Tribunal shall admit a case and make a decision
only as and when the case is submitted by those who
are entitled to make submission through proper
channels Apart from those entitled to present the
channels.
case, other persons, individuals or organizations are
not permitted to do so. We may say that the Tribunal
has no right to act on its own motion without an
official submission.

37
 (The Tribunal
Tribunal’ss Jurisdiction differs from other
criminal jurisdiction). If attention has been brought
to the
h Criminal
C i i l Court
C that
h a criminal
i i l case has
h
occurred, the Criminal Court has the jurisdiction to
investigate the case in the absence of complaint.
However,, there is no such p provision in the Law of
the Tribunal, which allows similar jurisdiction to the
Tribunal.
Tribunal

38
21. The Tribunal may apply relevant provisions of
th Code
the C d off Civil
Ci il Procedure
P d , the
th Code
C d off Criminal
Ci i l
Procedure and the Evidence Act whenever it deems
to be appropriate
pp p . These p
provisions facilitate the
Tribunal to make its decision justly and fairly on
the submitted case.

39
22. The decision of the Tribunal
S ti 324 off the
Section th Constitution
C tit ti provides id that
th t
the decision of the Tribunal shall be final and
conclusive. It signifies that the right to appeal or
right
g to revision by y the p parties is pprohibitive.
Similarly, the Tribunal has no right to amend or
intervene its own decision.
decision Additionally,
Additionally the
Tribunal has no right to make a review on the case,
like a civil case.
case The Tribunal has to apply the
procedures set out in Section 22 of the Tribunal’s
Law.

40
23. Section 22 of the Tribunal’s Law provides .
a. The
Th Tribunal
T ib l shall h ll make
k arrangements
t to
t
schedule a hearing and will give a decision
that is fair, just and expeditious.
b. Notifyy the date of verdict in advance.
c. The decision of the Tribunal shall be made
with the consent of more than half of the
members including the Chairperson. The
verdict shall be in writing and shall be read
to the public by the Chairperson or any
memberb assigned
i d byb him.
hi

41
24. Rule 18 provides that the deliberation
conducted
d t d within
ithi the
th Tribunal
T ib l in i supportt off the
th
judgement shall be recorded and kept confidential.
The resolution made by the Tribunal shall be in
p
compliance with Section 22 of the Tribunal’ Law:
The final resolution shall be read out in public. The
opinion of the chairperson as well as members of the
Tribunal which contributed to the final judgement
shall be record and kept in secret.
secret

42
25. Section 35 of the Tribunal’s Law provides
that the judgement passed by the Tribunal shall be
declared in State Gazette. Judgements shall be
b
bound
d andd published
bli h d for
f reference
f andd kept
k t as
precedent cases.
cases

43
26. Matters to be observed on verification and
hearing of the case are set out in Section 18 ,
Section 19 and Section 20 of Tribunal’s Law.
“Section 18 “
In order to review the submission, the Chairperson
shall
h ll form
f the
h Review
i Body,d comprising
i i 3 members,
b
each one from the Presidential candidate and
candidates of the Speakers of the People`s Parliament
andd National
o Parliament.
e .
“Section 19”
The Review Body,
Body upon the submission shall:

44
(a) Scrutinize whether the required relevant facts,
valid documents,
documents papers are completed or not.
not If
the requirements are found to be incomplete, the
Tribunal may demand the required documents
within the specified period.
(b) Instruct and d notify
if the
h responding
di parties
i or
concerned organizations by sending copy of the
Submission and allow them to present relevant
c s, vvalid
facts, d docu
documents
e s and d ppapers
pe s w
within thee
specified period.
(c) Submit to the Tribunal for hearing once the
requirements are completed.
45
2
27. The
h Submission
S b i i off cases to the
h Tribunal
ib l shall
h ll be
b
presented through the prescribed means.
means The Tribunal
mayy ggive
ve necessary
ecess y instructions
s uc o s if thee sub
submission
ss o iss
not conformity with the Rule. The purpose of a
preliminary investigation is not only to determine
facts legitimately, but also to identify issues of the
dispute clearly to seek a resolution.

46
28. Section 20 and Section 21 of the Tribunal’s
L
Law shall
h ll be
b noted
d:
“Section 20”
All members including the Chairperson shall
attend for hearing g and award a decision upon p
submission . In the case where all members of the
Tribunal are unable to perform their duty due to the
official matter or any other cause, the proceedings
shall
h ll be
b taken
t k byb nott less
l th 6 members
than b i l di
including
the Chairperson.

47
“Section 21”
The Tribunal while sittingg for the hearing;
g;
(a) The date fixed for hearing shall be announced in
advance.
advance
(b) The Chairperson or a member assigned by the
Chairperson shall read out the brief of subject
matter for hearing.
(c) Shall have the right to be heard.
(d) Sittings of the Tribunal shall be public with the
exception of matters on State secret (or) matters
that may jeopardize the State security.

48
( ) Mayy invite to technical expert
(e) p for his opinion.
p
(f) May apply relevant or appropriate provisions on
the Code of Civil Procedure , the Code of
Criminal Procedure and the Evidence Act.
(g) Hearing shall be done on the immediate basis .
(h) Shall record the daily activities concerning the
case. The record shall be signed by the
Chairperson (or) a member and kept it.

49
29. In order to establish equality and justice, the
Tribunal shall apply the Criminal Procedure Code
whenever it is deemed to be relevant and
appropriate
i allowing
ll i the h parties
i to present their
h i
case and the right to defend. The Tribunal may
summon any person to testify and secure their
opinion.
p The duties and obligations
g of the pparties,,
lawyers, witnesses and experts involved in the
dispute have the same duties and obligations under
Criminal Procedure Code when the case is
cond cted by
conducted b the Tribunal.
Trib nal

50
All other matters are to be made public in the
exception of the deliberation carried out within the
Tribunal. The deliberation carried out within the
Tribunal with respect to the final decision shall be
recorded and kept confidential.

51
30. All members of the Tribunal including the
Chairperson have the right as well as the obligation
to be presence and attend hearings.
hearings However,
However if a
member is unable to attend and the cause of absence
i acceptable,
is t bl it shall
h ll be
b permitted
itt d that
th t the
th remaining
i i
5 members and the Chairperson, a total of 6 persons
shall be present at the hearing. However, the case
cannot be heard if a q
quorum is not obtained.

52
31. The Tribunal shall pass the final verdict only
with the consent of 6 members including the
Chairperson The decision of the Tribunal shall not
Chairperson.
be effected if the quorum is not fulfilled. The
members
b may express their th i dissenting
di ti opinion
i i
during the deliberations. But the reasons and will
of the members may not be reflected on the
resolution. It shall be kept
p in record.

53
32. The effect of the decision of the Tribunal is
bound only to cases such as with respect to the
interpretation of the Constitution,
Constitution decision on the
constitutional dispute, constitutionality of the
dispute and conflicts of rights and duties.
duties In other
words, the decisions of the Tribunal are effected
only
l to the
h points,
i namely,
l which
hi h parties
i are right
i h or
wrong or what rights and liabilities are imposed on
which of the disputing parties.

54
Appointment of the Chairperson and 9 members
of the Tribunal
33. Appointment of the Chairperson and 9 members
of the Tribunal,
Tribunal the qualification,
qualification causes for
impeachment, term of the Tribunal are prescribed
from Section 327 to Section 335.
335
Section 327. The President shall appoint the
Chairperson and members of the Constitutional
Tribunal of the Union approved by the
Pyidaungsu Hluttaw .

55
Section 328.
328 The Pyidaungsu Hluttaw shall have no
right to refuse the persons nominated for members
off the
th Constitutional
C tit ti l Tribunal
T ib l off the
th Union
U i by b the
th
President unless it can clearly be proved that they
are disqualified.
g to submit
Section 329. The President has the right
again, in accord with the provisions of the
Constitution, the new nomination list to replace the
person who has not been approved by the
Pyidaungsu Hluttaw for appointment as member of
the Constitutional Tribunal of the Union.
S ti
Section 330 A member
330. b off the
th Constitutional
C tit ti l
Tribunal of the Union shall :
56
(a) if he is a representative of any Hluttaw, be deemed
t have
to h resigned
i d as representative
t ti off the
th Hluttaw
Hl tt
commencing from the day he has been appointed
as a member of the Constitutional Tribunal of the
Union;;
(b) if he is a Civil Services personnel, be deemed to
have retired from the Civil Services in accord with
the existing Civil Services Regulations
commencing from the day he has been appointed
as a member of the Constitutional Tribunal of the
U i
Union;

57
(c) if he is a member of any political party, he shall
not take part in its party activities during his term,
term
commencing from the day he has been appointed a
member
b off theth Constitutional
C tit ti l Tribunal
T ib l off theth
Union.
Section 331. If a member of the Constitutional
Tribunal of the Union wishes to resign g on his own
volition from office before the expiry of his term
due to any reason,
reason he may do so, so after submitting his
resignation in writing to the President.

58
Section 332. If the position of a member of the
Constitutional Tribunal of the Union is vacant for any
reason, the President may appoint a new member of the
Constitutional Tribunal of the Union in accord with the
provisions under the Constitution.
S i 333.
Section 333 The h President,
id the
h Speaker
S k off theh Pyithu
ih
Hluttaw and the Speaker of the Amyotha Hluttaw shall
select from among the Hluttaw representatives or
o g those
among ose w
who o aree not
o Hluttaw
u w representatives
ep ese ves w
with
three members each who has the following
qualifications :

59
( ) person
(a) p who has attained the age
g of 50 yyears;
(b) person who has qualifications, with the
exception of the age limit, prescribed in
Section 120 for Pyithu Hluttaw
representatives;
(c) person whose qualification does not breach
th provisions
the ii under
d S ti
Section 121 which
hi h
disqualify a person standing for election as
Pyithu Hluttaw representatives;

60
(d) (i) person who has served as a Judge of the High
C t off the
Court th Region
R i or State
St t for
f att least
l t five
fi
years; or
(ii) person who has served as a Judicial Officer
or a Law Officer at least 10 yyears not lower
than that of the Region or State level for;
Or
(iii) person who has practised as an Advocate for
at least 20 years; or
(iv) person who is, in the opinion of the
P id t an eminent
President, i t jurist.
j it

61
( ) person who
(e) h is i nott a memberb off a political
liti l
party;
(f) person who is not a Hluttaw representative;
(g) pperson who has p political, administrative,
economic and security outlook;
(h) person loyal to the Union and its citizens.

62
Section
S i 334.
334 (a)
( ) The
h Chairperson
Ch i andd members
b off
the Constitutional Tribunal of the Union may be
impeached on any of the following reasons :
((i)) high
g treason;;
(ii) breach of any of the provisions under the
Constitution;
(iii) misconduct;
(i ) disqualification
(iv) di lifi ti off the
th qualifications
lifi ti off
member of the Constitutional Tribunal of the
Union prescribed under Section 333;
((v)) inefficient discharge
g of duties assigned
g byy law.

63
(b) Iff theh Chairperson
Ch i or any member b off the
h
Constitutional Tribunal of the Union is to be
impeached, it shall be done so in accord with the
p
impeachment provisions as pprescribed under
p
Section 302 of the Chief Justice of the Union or
a Judge of the Supreme Court of the Union.
Union
Section 335. The term of the Constitutional Tribunal
off the
th Union
U i is i the
th same as that
th t off the
th Pyidaungsu
P id
Hluttaw being five years. However, the ongoing
Constitution Tribunal of the Union, on expiry of its
term, shall continue its functions till the President
forms a new Tribunal under the Constitution.

64
34. The role of the Tribunal becomes veryy important
p
as it protects the Constitution. One may realized the
importance of the decision of the Tribunal as it base
solely on the Constitution. Due to these reasons, the
required qualifications of the Chairperson and
members, responsibilities and functions and rights
off impeachment,
i h t are all
ll expressly
l prescribed
ib d in
i the
th
Constitution.

65
Thank You