Constituent Assembly of Burma

“ The Parliament shall have power to make laws for the whole or any part of the Union except in so far as such power is assigned by the next succeeding sub-section exclusively to the State Councils. For greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that, notwithstanding anything in the next succeeding subsection, the exclusive legislative authority of the Parliament shall extend to all matters enumerated in List I of the Third Schedule to this Constitution (hereinafter called "the Union Legislative List") . ”

“ If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President thereon. ”

“ Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Parliament, there shall be freedom of speech in the Parliament, and no member of the Parliament shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Parliament or any Committee thereof, and no person shall be so liable in respect of publication by or under the authority of a Chamber of the Parliament of any report, paper, votes, or proceedings. ”

“ Such judge of the Supreme Court as has been appointed to perform the duties of the Chief Justice, or if there is no such judge, then the senior available judge of the Supreme Court, shall act as a member of the Commission in place of the Chief Justice on any occasion on which the office of the Chief Justice is vacant or on which the Chief Justice is unable to act. ”

“ The State shall promote with special care the educational and economic interests of the weaker and less advanced sections of the people and shall protect them from social injustice and all forms of exploitation. ”

“ Nothing contained in section 11 shall derogate from the power of the Parliament to make such laws as it thinks fit in respect of citizenship and alienage and any such law may provide for the admission of new classes of citizens or for the termination of the citizenship of any existing classes.
RIGHTS OF EQUALITY 13. All citizens irrespective of birth, religion, sex or race are equal before the law; that is to say, there shall not be any arbitrary discrimination between one citizen or class of citizens and another. ”

“ A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the repayment of debt or other financial purposes, of charges on the revenues of the Union or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money ”

“ No person may at the same time be a member of both Chambers of Parliament, and, if any person who is already a member of either Chamber becomes a member of the other Chamber, he shall forthwith be deemed to have vacated his first seat. ”

“ The powers and functions conferred on the President by this Constitution shall he exercisable and performable by him only on the advice of the Union Government, save where it is provided by this Constitution that he shall act in his discretion or on the advice or nomination of or on receipt of any communication from any other person or body. ”

“ The State shall ensure that the strength and health of workers and the tender age of children shall not be abused and that they shall not be forced by economic necessity to take up occupations unsuited to their sex, age and strength. ”

“ If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of section 74 or before he has complied with the requirements of section 72 he shall be liable in respect of each day on which he so sits or votes to a penalty of rupees one thousand to be recovered as a debt due to the Union Government. ”

“ The Prime Minister shall resign from office upon his ceasing to retain the support of a majority in the Chamber of Deputies unless on his advice the President dissolves the Parliament under section 57 and on the re-assembly of the Parliament after the dissolution the Prime Minister secures the support of a majority in the Chamber of Deputies. ”

“ The sovereignty of the Union resides in the people.
4. All powers, legislative, executive and judicial, are derived from the people and are exercisable on their behalf by, or on the authority of, the organs of the Union or of its constituent units established by this Constitution.
5. The territories that were heretofore known as the Federated Shan States and the Wa States shall form a constituent unit of the Union of Burma and be hereafter known as “the Shan State.” ”

“ All questions at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Constitution, be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. ”

“ Subject to such specific exceptions as may be authorized by an Act of Parliament in the interest of the Union, the Union shall not grant any agricultural land for the exploitation, development or utilization to any persons other than the citizens of the Union.
221. The Parliament shall, by law, set up a Public Service Commission to assist the Union Government in matters relating to recruitment to the civil services of the Union, and to advise in disciplinary matters affecting the services. ”

“ The State shall take special care of the physical education of the people in general and of the youth in particular in order to increase the health and working capacity of the people and in order to strengthen the defensive capacity of the State. ”

“ Nothing in this section shall prevent the State from imposing compulsory service for public purposes without any discrimination on grounds of birth, race, religion or class.
RIGHTS RELATING TO RELIGION 20. All persons are equally entitled to freedom of conscience and the right freely to profess and practise religion subject to public order, morality or health and to the other provisions of this Chapter. ”

“ A Bill prejudicially affecting any right or privilege which the Kachins or the nonKachins, as a class or communit , enjoyed immediately before the commencement of this Constitution, shall not be deem to have been passed by the Council unless the majority of the members representing the Kachins or the non-Kachins, as the case may be, present and voting, have voted in its favour. ”

“ The State shall promote the improvement of public health by organizing and controlling health services, hospitals, dispensaries, sanatoria, nursing and convalescent homes and other health institutions. ”

“ All timber and mineral lands, forests, water, fisheries, minerals, coal, petroleum and other mineral oils, all sources of potential energy and other natural resources shall be exploited and developed by the Union ”

“ Every Bill signed or deemed to have been signed by the President under th Constitution shall become an Act on and from the date on which the Bill shall have bee signed or be deemed to have been signed. ”

“ Every citizen, who has completed the age of twenty-one years and who is no~ placed under any disability or incapacity by this Constitution or by law, shall be eligible foi membership of the Parliament.
(2) Every citizen, who has completed the age of eighteen years and who is no disqualified by law and complies with the provisions of the law regulating elections to thc Parliament, shall have the right to vote at any election to the Parliament. ”