Constitutional Tribunal will start dealing with the charter amendment when it is submitted in accord with the law: Chair

Constitutional Tribunal will start dealing with the charter amendment when it is submitted in accord with the law: Chair
Published 27 February 2019

The Constitutional Tribunal of the Union can tackle the constitutional amendment only when the problems and disputes enshrined in the Constitution are submitted in accordance with the law, Mya Thein, the Chair of the Constitutional Tribunal of the Union told the media at the break-time of the ceremony to introduce the test-run negotiation program by the courts at MICC-2 in Nay Pyi Taw on February 26.

“The Constitutional Tribunal can make decision only when the eligible persons submit it. There are only six persons who can submit it directly. There are other persons who can submit it according to the procedure. In addition, the matters must be the disputes described in the constitution,” he added.

Section 325 under Chapter-6 of the 2008 Constitution says: “The following persons and organizations shall have the right 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 Hluttaw; (c) the Speaker of the Pyithu Hluttaw; (d) the Speaker of the Amyotha Hluttaw; (e) the Chief Justice of the Union; and (f) the Chairperson of the Union Election Commission.

Section 326 under Chapter-6 of the 2008 Constitution says: “The following persons and organizations shall have the right 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 10 per cent of all the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw.”

When asked the question of whether the formation of the joint constitutional amendment committee is in accord with the law or not, Mya Thein replied that “I don’t want to give any comment about it. Our role will begin when the eligible persons  submit it in accord with the constitution.”

The Union Parliament approved the urgent motion submitted by MP Aung Kyi Nyunt from the ruling National League for Democracy for the formation of a charter amendment committee. The 45-member committee comprised of representatives from the political parties, independent representatives and defence service personnel representatives, is chaired by Deputy Speaker of Union Parliament Tun Tun Hein.