The Constitution of Myanmar is the supreme law of Myanmar. Before gaining independence, there had been two quasi-constitutions under British rule and Japanese occupation. Since it gained independence in 1948, Myanmar has had three constitutions, ten constitutional amendments (excluding extraconstitutional and temporary amendments) and two periods without any constitution. The country has been ruled by military juntas for most of its history.
Myanmar's first constitution adopted by constituent assembly was enacted for the Union of Burma in 1947. After the 1962 Burmese coup d'état, the 1947 constitution was suspended and a second constitution was enacted in 1974 for the Socialist Republic of the Union of Burma, which was also suspended after the 1988 coup d'état.
The 2008 Constitution, the country's third constitution,"Constitution of the Republic of the Union of Myanmar (2008)" full text in English from Burma Library, last accessed 5 October 2010 was published in September 2008 after a referendum, and came into force on 31 January 2011, having been amended in 2015 and 2020. Under this current constitution, the Tatmadaw (Myanmar Armed Forces, officially the Defence Services) retain significant control of the government, even before their coup of 2021. Under the constitution, 25% of seats in the legislature, Pyidaungsu Hluttaw, were reserved for serving military officers. The ministries of Home Affairs, Border Affairs and Defence were headed by serving military officers who were appointed by the Commander-in-Chief of Defence Services. The military also appointed one of the country's two Vice Presidents. Hence, the country's civilian leaders have little influence over the security establishment.
History 1935 and 1943 quasi-constitutions Before independence, Myanmar had two quasi-constitutions, "The Government of Burma Act, 1935" (under British rule) and "Constitution for Government of Burma, Act No. 1 of 1305 B.E." (1943, for State of Burma under Japanese occupation), which are recognized as the former constitutions. After independence, Myanmar adopted three constitutions: in 1947, 1974 and 2008. The 2008 constitution is the present constitution of Myanmar.
1947 constitution
The 1947 constitution, officially the Constitution of the Union of Burma (), was drafted and approved by the in 1947, and was used from the country's independence in 1948 until the military seizure of power during the 1962 military coup. This constitution was developed in consultation with different ethnic groups including the Chin, Kachin, and Shan people. In return, these groups were to receive full autonomy in internal matters. The constitution also granted the right for ethnic states to secede from the new Union of Burma if so desired after ten years following independence in 1948. The national government consisted of three branches: judicial, legislative and executive. The legislative branch was a bicameral legislature called the Union Parliament, consisting of two chambers, the 125-seat Chamber of Nationalities ( Lumyozu Hluttaw) and the Chamber of Deputies ( Pyithu Hluttaw), whose seat numbers were determined by the population size of respective constituencies.The Constitution of the Union of Burma (1947), Chapter VI: Parliament The 1947 constitution was largely based on the 1946 Yugoslav Constitution, as several Burmese officials had visited Yugoslavia earlier that year.DASMIP, PA, 1947, f-124, 425154, Zabeleska o razgovoru druga Price sa predstavnikom burmanske vlade Maung Ohn, dana 5 decembra 1947 godine [Minutes of conversation between comrade Prica and the representative of the Burmese Government Maung Ohn, December 5th 1947]. F. S. V. Donnison, Burma (London: Ernest Benn Limited, 1970), p. 141. Just as Yugoslavia at that time was a federation, so was Burma under the 1947 constitution. Despite this, the country was governed in practice like a unitary state, and not a federation. Other influences of the socialist Yugoslav constitution were the sections establishing a welfare state and codifying a heavily centralised government. The 1947 Constitution had eight amendments and five temporary amendments: six amendments and one temporary amendment by parliamentary legislation according to the Chapter XI (Articles 207 – 210), four temporary amendments by presidential orders according to the Article 230, one amendment by the authority of the constituent assembly president given by a proposal of the constituent assembly and one amendment by another proposal of the constituent assembly itself.
1962–1974 The 1947 constitution was suspended when the military seized power in 1962 and formed the Revolutionary Council of the Union of Burma, led by General Ne Win.
1974 constitution
The 1974 constitution, officially the Constitution of the Socialist Republic of the Union of Burma (), was the second constitution to be written, was approved in a 1973 referendum, and was adopted on 3 January 1974. It created a unicameral legislature called the Pyithu Hluttaw (People's Assembly), represented by members of the Burma Socialist Programme Party (BSPP) as the only legal party.The Constitution of the Socialist Republic of the Union of Burma (1974), Chapter IV: Pyithu Hluttaw Each term was 4 years. Ne Win became the president at this time.
According to David I. Steinberg, this constitution was modelled after the constitutions of the Eastern Bloc. Gone was the language of federation found in the 1947 constitution. In its place, the 1974 constitution codified a unitary, centralized state, under the complete control of the military, through the BSPP. "Even the modest autonomy previously granted the minorities was rescinded. The periphery was without effective voice. Although 'elected' representatives were obligated to return to their constituencies to learn the problems of their electorate, the system did not work, as fear prevented criticism of the military hierarchy and its policies and programs." The 1974 Constitution had been amended twice.
1988–2008 Upon taking power in September 1988, the military, under the guise of the State Law and Order Restoration Council (SLORC) suspended the 1974 constitution.Liddell, Zunetta (1997) "No Room to Move: Legal Constraints on Civil Society in Burma" (conference paper) 'Strengthening Civil Society in Burma. Possibilities and Dilemmas for International NGOs', Transnational Institute and the Burma Centrum Nederland, Royal Tropical Institute in Amsterdam, from Burma Library, last accessed 5 October 2010Mydans, Seth (4 September 2007) "Myanmar Constitution Guidelines Ensure Military Power" The New York Times, last accessed 5 October 2010 In 1990, they issued a declaration stating that they are not observing any constitution at that time and that a new constitution should be drawn up. However, many viewed their abuse of the constitution-making process as simply a delaying tactic to remain in power. The SLORC called a constitutional convention in 1993, but it was suspended in 1996 when the National League for Democracy (NLD) boycotted it, calling it undemocratic. The constitutional convention was again called in 2004, but without the NLD. Myanmar remained without a constitution until 2008.
2008 constitution
The 2008 constitution, officially the Constitution of the Republic of the Union of Myanmar (2008) () is the third and current constitution.
On 9 April 2008, the military government released its proposed constitution for the country to be put to a vote in public referendum on 10 May 2008, as part of its roadmap to democracy. The constitution is hailed by the military as heralding a return to democracy, but the opposition sees it as a tool for continuing military control of the country.
The legislative branch is the Pyidaungsu Hluttaw (, Union Assembly), which is a bicameral legislature consisting of the 440-seat Pyithu Hluttaw (, People's Assembly) and the 224-seat Amyotha Hluttaw (, National Assembly). The Defence Services (military) member delegates are reserved a maximum of 56 of 224 seats in the National Assembly and 110 seats of 440 in the People's Assembly. This is similar to former Indonesian and Thai constitutions.
The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010.Xinhua Staff(21 August 2010) "Myanmar re-designates areas under new constitution ahead of election" People's Daily Online, last accessed 5 October 2010 The constitution itself came into force on 31 January 2011.
At the time of its release, foreign media often incorrectly alleged that the constitution barred Aung San Suu Kyi from holding public office because of her marriage to a British citizen; in fact, she would only be barred from the office of President, under the disqualification of those who have a spouse or children who are foreign citizens. There is no similar disqualification for any other public office.
2008 constitutional referendum
On 10 May 2008Ossenova, Katerina (9 April 2008) "Paper Chase Newsburst: Myanmar constitution referendum set for May 10" Jurist: Legal News and Research, last accessed 5 October 2010 a referendum was held to outline the political framework of the country. According to Chief Justice Aung Toe, chairman of the drafting commission,
The government did not allow Cyclone Nargis to delay the referendum which took place as scheduled except in the delta areas affected by the cyclone.
The National League for Democracy, which is led by Aung San Suu Kyi, was not allowed to participate in the creation of the constitution, and urged citizens to reject the constitution which it labelled as a "sham." The referendum itself passed the 2008 Constitution, but was generally regarded as fraudulent by the opposition party and those outside of Burma.Martin, Michael F. (29 April 2010) ["Burma’s 2010 Elections: Implications of the New Constitution and Election Laws"] United States Congressional Research Service, Library of Congress, last accessed 5 October 2010
2012 by-elections In spite of its earlier opposition to the 2008 constitution, the NLD participated in the 2012 by-election for 46 seats and won a landslide victory, with Aung San Suu Kyi becoming a member of parliament, alongside 42 others from her party.
Amending process The ruling party and opposition parties have acknowledged that amendments are needed. The 2008 constitution reserves 25% of seats in parliament for members of the military, with the most powerful posts given to active-duty or retired generals. According to the 2008 Constitution of Myanmar, certain sections require a nation-wide referendum in addition to more than 75% support in both houses of the Pyidaungsu Hluttaw (legislature) to amend, while other sections do not need a referendum to amend. The changes that need a referendum must be approved by more than 50% of the registered voters. Two amendments without needing the referendum have been made, in 2015 and 2020 respectively. First Amendment (2015) The first amendment was initiated by the then-ruling party Union Solidarity and Development Party in 2013. The Pyidaungsu Hluttaw enacted the amendment on 22 July 2015. [English translation: https://www.mlis.gov.mm/mLsView.do?lawordSn=9746] Second Amendment (2020) The National League for Democracy, the then-ruling party, initiated the second process for amendment in 2019. The amendment was enacted by the Pyidaungsu Hluttaw on 26 March 2020. [English translation: https://www.mlis.gov.mm/mLsView.do?lawordSn=19216]
Content of Constitution