NDSC decides to extend country’s State of Emergency by further six months

The meeting of National Defence and Security Council (1/2023) being held in NPT

Published 2 February 2023

NAYPYITAW-----The meeting (1/2023) of National Defence and Security Council (NDSC) was held in Nay Pyi Taw on January 31st and it decided to extend country’s State of Emergency by further six months from February 1st of 2023 because the current situation is under unusual circumstances.

Pro Tem President U Myint Swe allowed extension further six months of the declared period of the State of Emergency across the nation in accordance with the Section 425 of the Constitution (2008). So, the State responsibilities are also assigned to the Chairman of State Administration Council Commander-in-Chief of Defence Services again under Section 419 of the Constitution.

The Section 425 states the permit for two extensions of the prescribed duration for a term of six months for each extension normally. The word “normally” mentioned in the Constitution highlights that it should consider the unusual or exceptional situation.

At the meeting, the Commander-in-Chief of Defence Services explained about the activities of the SAC, processes of the declaration of the State of Emergency as the officials didn’t solve the voting fraud in the 2020 General Election, prevention, control and treatment of the Covid-19 pandemic from 23 March 2020 to 31 January 2023, endeavors to develop the state’s economy and to strive the achievements for eternal peace and losses, deaths and injuries due to the violence being made by CRPH, NUG and PDFs.

Pro Tem President U Myint Swe said that the duration of the State of Emergency is extended to further six months starting 1 February 2023 based on the decisions made by the members of the National Defence and Security Council and under Section 425 of the Constitution and the State responsibilities are also assigned to the SAC Chairman Commander-in-Chief of Defence Services again under Section 419 of the Constitution.

He sought the attitude of the Constitutional Tribunal on whether the extension of the State of Emergency period to further six months by the National Defence and Security Council starting 1 February 2023 under Section 425 of the Constitution conforms with the Constitution as the current circumstance is not a situation in which the Commander-in-Chief of Defence Services has to report on the accomplishment of duties under Section 426 of the Constitution and work will have to be executed in accord with Section 425 of the Constitution owing to an extraordinary situation.

The current circumstance is an extraordinary situation considering the facts mentioned in the Constitution of the Republic of the Union of Myanmar and the Constitutional Tribunal made a response to Pro Tem President, saying that the six-month extension of the National Defence and Security Council starting 1 February 2023 under Section 425 of the Constitution conforms with the Constitution.