Constitution

Myanmar 2008 Constitution (reviewed 2015)

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Table of Contents

Chapter VI. Judiciary

A. Formation of Courts

  1. Courts of the Union are formed as follows:
    1. Supreme Court of the Union, High Courts of the Region, High Courts of the State, Courts of the Self-Administered Division, Courts of the Self-Administered Zone, District Courts, Township Courts and the other Courts constituted by law;
    2. Courts-Martial;
    3. Constitutional Tribunal of the Union.

B. Supreme Court of the Union

Part 1. Constitution of the Supreme Court of the Union

  1. In the Union, there shall be a Supreme Court of the Union. Without affecting the powers of the Constitutional Tribunal and the Courts-Martial, the Supreme Court of the Union is the highest Court of the Union.

Part 2. Original Jurisdiction of the Supreme Court of the Union

295

  1. Only the Supreme Court of the Union has the following original jurisdiction:
    1. in matters arising out of bilateral treaties concluded by the Union;
    2. in other disputes, except the Constitutional problems, between the Union Government and the Region or State Governments;
    3. in other disputes, except the Constitutional problems, among the Regions, among the States, between the Region and the State and between the Union Territory and the Region or the State;
    4. other matters as prescribed by any law.
  2. As the Supreme Court of the Union is the highest court of the Union, it is the court of final appeal.
  3. The judgments of the Supreme Court of the Union are final and conclusive and have no right of appeal.
  4. The Supreme Court of the Union, subject to any provision of the Constitution or any provision of other law, has the appellate jurisdiction to decide judgments passed by the High Courts of the Regions or the States. Moreover, the Supreme Court of the Union also has the appellate jurisdiction to decide judgments passed by the other courts in accord with the law.
  5. The Supreme Court of the Union has the revisional jurisdiction in accord with the law.
  1. The Supreme Court of the Union:
    1. has the power to issue the following writs:
      1. Writ of Habeas Corpus;
      2. Writ of Mandamus;
      3. Writ of Prohibition;
      4. Writ of Quo Warranto;
      5. Writ of Certiorari.
    2. The applications to issue writs shall be suspended in the areas where the state of emergency is declared.

Part 3. Judiciary Budget

  1. The Supreme Court of the Union shall submit judiciary budget to the Union Government in order to include and present in the Annual Budget Bill of the Union in accord with the provisions of the Constitution.

Part 4. Submission of the Judiciary Situation

  1. The Chief Justice of the Union may submit important judiciary situation concerning the Union or the public, either to the session of the Pyidaungsu Hluttaw or the Pyithu Hluttaw or the Amyotha Hluttaw from time to time.

Part 5. Appointment of the Chief Justice of the Union and the Judges of the Supreme Court of the Union

299

  1. The Head of the Supreme Court of the Union shall be called the Chief Justice of the Union.
  2. Judges of the Supreme Court of the Union including the Chief Justice of the Union may be appointed in the Supreme Court from a minimum of seven and a maximum of 11 in number.
    1. The President shall submit the nomination of the person suitable to be appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw and seek its approval.
    2. The Pyidaungsu Hluttaw shall have no right to refuse the person nominated by the President for the appointment of Chief Justice of the Union and Judges of the Supreme Court of the Union unless it can clearly be proved that the persons do not meet the qualifications for the post prescribed in Section 301.
    3. The President has the right to submit again the list furnished with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Chief Justice of the Union.
    4. The President shall appoint the person who has been approved by the Pyidaungsu Hluttaw as the Chief Justice of the Union.
    1. The President, in co-ordination with the Chief Justice of the Union, shall submit the nomination of the persons suitable to be appointed as the Judges of the Supreme Court of the Union to the Pyidaungsu Hluttaw and seek its approval.
    2. The Pyidaungsu Hluttaw has no right to refuse the persons nominated by the President for the appointment of the Chief Justice of the Union and Judges of the Supreme Court of the Union unless it can clearly be proved the persons concerned do not possess the qualifications prescribed for Judges of Supreme Court of the Union. in Section 301.
    3. The President has the right to submit again the list furnished with a new name replacing the one who has not been approved by Pyidaungsu Hluttaw for the appointment of a Judge of the Supreme Court of the Union.
    4. The President shall appoint the persons approved by Pyidaungsu Hluttaw as Judges of the Supreme Court of the Union.

300

  1. The Chief Justice of the Union or Judges of the Supreme Court of the Union must be free from party politics.
  2. The Chief Justice of the Union or Judges of the Supreme Court of the Union, if they are Civil Services personnel, shall be deemed to have retired in accord with the existing Civil Services Regulations commencing from the day of the appointment as the Chief Justice of the Union or Judge of the Supreme Court of the Union.

Part 6. Qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union

  1. The Chief Justice of the Union and Judges of the Supreme Court of the Union shall be a person of following qualifications:
    1. not younger than 50 years and not older than 70 years;
    2. who has qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives;
    3. whose qualifications does not breach the provisions under the Section 121 which disqualify him from standing for election as Pyithu Hluttaw representatives;
      1. who has served as a Judge of the High Court of the Region or State for at least five years; or
      2. who has served as a Judicial Officer or a Law Officer at least 10 years not lower than that of the Region or State level; or
      3. who has practised as an Advocate for at least 20 years; or
      4. who is, in the opinion of the President, an eminent jurist;
    5. loyal to the Union and its citizens;
    6. who is not a member of a political party;
    7. who is not a Hluttaw representative.

Part 7. Impeachment of the Chief Justice of the Union and Judges of the Supreme Court of the Union

302

  1. The President or the representatives of the Pyithu Hluttaw or Amyotha Hluttaw may impeach the Chief Justice of the Union or any Judge of the Supreme Court of the Union for any of the following reasons:
    1. high treason;
    2. breach of any provision of the Constitution;
    3. misconduct;
    4. disqualifications of the qualifications of the Chief Justice of the Union and Judges of the Supreme Court of the Union prescribed under Section 310;
    5. inefficient discharge of duties assigned by law.
  2. If the President wishes to impeach:
    1. he shall submit the charge to the Speaker of the Pyidaungsu Hluttaw;
    2. the Speaker of the Pyidaungsu Hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law;
    3. in forming the investigation body, an equal number of representatives of the Pyithu Hluttaw and Amyotha Hluttaw shall be included and any suitable member of the body be assigned as the Chairperson of such body;
    4. the time for the completion of the investigation shall be determined on the volume of work;
    5. the President may, himself in person or through a representative, explain and present the charge before the investigation body and has also the right to submit evidence and witnesses;
    6. when the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative;
    7. the Speaker of the Pyidaungsu Hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, present it to the Pyidaungsu Hluttaw;
    8. the Speaker of the Pyidaungsu Hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the Chief Justice of the Union or a Judge of the Supreme Court of the Union by the two-thirds of the total number of the Pyidaungsu Hluttaw representatives, present and report the said resolution to the President;
    9. on presentation of the report, the President shall, proceed to remove the Chief Justice of the Union or the Judge of the Supreme Court of the Union who has been impeached from office;
    10. if the Pyidaungsu Hluttaw resolves that the charges has failed, the Speaker of the Pyidaungsu Hluttaw shall present and report the said resolution to the President;
  3. If the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw wish to impeach:
    1. the provisions for the impeachment of the President or the Vice-President under Section 71 shall be applied;
    2. the President shall, if the Hluttaw which made the investigation resolves and reports that the charge made upon the Chief Justice of the Union or any Judge of the Supreme Court of the Union has been substantiated and the person being charged is unfit to continue to serve as the Chief Justice of the Union or Judge of the Supreme Court of the Union, proceed to remove the Chief Justice of the Union or the Judge of the Supreme Court of the Union who has been impeached from office;
    3. if the Hluttaw which made the investigation resolves that the charge has been failed, the Chairperson of the Hluttaw concerned shall present and report the resolution to the President.

Part 8. Term of the Chief Justice of the Union and Judges of the Supreme Court of the Union

  1. The Chief Justice of the Union and Judges of the Supreme Court of the Union shall hold office up to the age of 70 years unless one of the following occurs:
    1. resignation on his own volition;
    2. being impeached in accord with the provisions under the Constitution and removed from office;
    3. being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law;
    4. death.
  2. Duties, powers and rights of the Chief Justice of the Union and Judges of the Supreme Court of the Union shall be prescribed by law.

C. High Courts of the Region or High Courts of the State

Part 1. Formation of High Courts of the Region or High Courts of the State

  1. There is the High Court of the Region in the Region and the High Court of the State in the State.

Part 2. Jurisdictions of High Courts of the Region or High Courts of the State

  1. High Courts of the Region or State shall have the following jurisdictions in accord with the law:
    1. adjudicating on original case;
    2. adjudicating on appeal case;
    3. adjudicating on revision case;
    4. adjudicating on matters prescribed by any law.

307

  1. For the purpose of judicial administration, the High Court of Mandalay Region is the High Court of the Courts situated in Nay Pyi Taw.
  2. For the purpose of judicial administration, where any area located in the Region or State is designated as a Union Territory, the High Court of the Region or State concerned is the High Court of the Courts situated in the said Union Territory. Appointment of the Chief Justice and Judges of the High Court of the Region or the High Court of the State

Part 3. Appointment of the Chief Justice and Judges of the High Court of the Region or the High Court of the State

308

    1. The Head of the High Court of the Region or the High Court of the State shall be called the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State.
    2. In the High Court of the Region or the High Court of the State, judges of the High Court of the Region or Judges of the High Court of the State including the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State may be appointed from a minimum of three and a maximum of seven in number.
    1. The President, in co-ordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, shall prepare the nomination for the appointment of the Chief Justice of the High Court of the Region or State concerned and the Chief Minister of the Region or State concerned, in co-ordination with the Chief Justice of the Union, shall prepare the nomination for the appointment of the Judges of the High Court of the Region or State concerned, and the said nomination shall be sent to the Region or State Hluttaw concerned.
    2. The Region or State Hluttaw concerned shall have no right to refuse the person or persons nominated by the President, in coordination with the Chief Justice of the Union and the Chief Minister of the Region or State concerned, for the appointment of the Chief Justice of the High Court of the Region or State concerned, or the person or persons nominated by the Chief Minister of the Region or State concerned, in co-ordination with the Chief Justice of the Union, for the appointment of Judges of the High Court of the Region or State concerned unless it can clearly be proved that the person does not meet the qualifications prescribed under Section 310 for the Chief Justice of the High Court of the Region or State and the Judge of the High Court of the Region or State.
    3. There is the right to resubmit a new nomination list as prescribed in place of the persons who are refused under Sub-Section (ii).
    4. The President shall appoint persons approved by the Region or State Hluttaw as the Chief Justice of the High Court of the Region or State concerned and Judges of the High Court of the Region or State concerned.

309

  1. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State must be free from party politics.
  2. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State, if they are civil service personnel, shall be deemed to have retired from the civil service in accord with the existing Civil Service Regulations commencing from the day they have been appointed as the Chief Justice of the High Court of the Region or State and the Judge of the High Court of the Region or State. Qualification of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

Part 4. Qualification of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

  1. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State shall be a person of the following qualifications:
    1. not younger than 45 years and not older than 65 years of age;
    2. who has the qualifications, with the exception of the age limit, prescribed under Section 120 for the Pyithu Hluttaw representatives;
    3. whose qualifications does not breach the provisions under Section 121 which disqualify him from standing for election as Pyithu Hluttaw representatives;
      1. who has served as a Judicial Officer or Law Officer at least five years not lower than that of the Region or State level or as a Judicial Officer or Law Officer at least 10 years not lower than that of the District level for; or
      2. who has practised as an Advocate for at least 15 years; or
      3. who is, in the opinion of the President, an eminent jurist.
    5. loyal to the Union and its citizens;
    6. who is not a member of a political party;
    7. who is not a Hluttaw representative.

Part 5. Impeachment of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or the High Court of the State

311

  1. The Chief Justice of the High Court of the Region or State or Judges of the High Court of the Region or State may be impeached on any of the following reasons:
    1. high treason;
    2. breach of any provision of the Constitution;
    3. misconduct;
    4. disqualification of the qualification of the Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State prescribed under Section 310;
    5. inefficient discharge of duties assigned by law.
  2. If the President wishes to impeach the Chief Justice of the High Court of the Region or State or the Chief Minister of the Region or State wishes to impeach any of the Judges of the High Court of the Region or State concerned, he shall submit the charge to the Speaker of the Region or State Hluttaw.
  3. If the representatives of the Region or State Hluttaw wish to impeach the Chief Justice of the High Court of the Region or State concerned or the Judge of the High Court of the Region or State concerned, the charge signed by not less than one-fourth of the total number of representatives of the Region or State Hluttaw concerned shall be submitted to the Speaker of the Region or State Hluttaw concerned.
  4. The Speaker of the Region or State Hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law. The time for the completion of the investigation shall be determined on the volume of work.
    1. If the President or the Chief Minister of the Region or the Chief Minister of the State wishes to carry out the impeachment, an investigation body shall be formed with the representatives of the Region or State Hluttaw concerned and a suitable person from among the members of the investigation body shall be assigned as the Chairperson.
    2. The President or the Chief Minister of the Region or State concerned may, himself in person or through a representative, explain the charge before the investigation body and has also the right to submit relevant evidences and witnesses.
  6. When the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative.
  7. The Speaker of the Region or State Hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, report it to the Region or State Hluttaw.
  8. The Speaker of the Region or State Hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the Chief Justice of the High Court of the Region or State or a Judge of the High Court of the Region or State by two-thirds of the total number of the representatives of the Region or State Hluttaw, if it is the case concerning the Chief Justice of the High Court of the Region or State, the said resolution is submitted to the President and if it is the case concerning a Judge of the High Court of the Region or State, the said resolution is submitted to the Chief Minister of the Region or State concerned. The Chief Minister of the Region of the State shall, on receiving the said resolution, submit it to the President.
  9. On receiving the report, the President shall, proceed to remove the Chief Justice of the High Court of the Region or State or the Judge of the High Court of the Region or State who has been impeached from office.
  10. If the Region or State Hluttaw concerned resolves that the charge has failed, the Speaker of the Region or State Hluttaw shall, if it is the case concerning the Chief Justice of the High Court of the Region or State, such resolution is submitted to the President and if it is the case concerning the Judge of the High Court of the Region or State, such resolution is submitted to the Chief Minister of the Region or State concerned.

Part 6. Term of the Chief Justice of the High Court of the Region or the High Court of the State and Judges of the High Court of the Region or High Court of the State

  1. The Chief Justice of the High Court of the Region or State and Judges of the High Court of the Region or State shall hold office up to the age of 65 years unless any of the following occurs:
    1. resignation on his own volition;
    2. being impeached in accord with the provisions under the Constitution and removed from office;
    3. being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law;
    4. death.
  2. Duties, powers and rights of the Chief Justice of the High Court of the Region or State and the Judges of the High Court of the Region or State shall be prescribed by law.

Part 7. Courts under the Supervision of the High Court of the Region or the High Court of the State

  1. The following levels of Courts are under the supervision of the High Court of the Region or State:
    1. if there is no Self-Administered Areas in the Region or State:
      1. District Courts;
      2. Township Courts.
    2. if there is Self-Administered Areas in the Region or State:
      1. In the Self-Administered Division:
        1. Court of the Self-Administered Division;
        2. Township Courts.
      2. In the Self-Administered Zone:
        1. Court of the Self-Administered Zone;
        2. Township Courts.
      3. In the remaining areas:
        1. District Courts;
        2. Township Courts.
    3. In the Union Territory:
      1. District Courts;
      2. Township Courts.
    4. Other Courts constituted by law.

Part 8. Jurisdiction of the District Courts and Township Courts

  1. District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases, appeal cases, revision cases or matters prescribed by any law.
  2. Township Courts, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases or matters prescribed by any law.
  3. The Judges appointed in accord with the law at the Courts formed by the Constitution or any other law shall administer all judicial affairs in the entire Union.

318

  1. Appointment of Judges at various levels of Courts under the supervision of the High Court of the Region or State, conferring judicial powers, prescribing the duties, powers and rights shall be in accord with the law.
  2. Formation of staff organizations, comprising of officers and other ranks at the Supreme Court of the Union, the High Courts of the Region or State and other Courts, and prescribing duties, powers and rights shall be in accord with the law.

D. Courts-Martial

  1. According to Sub-Section (b) of Section 293, the Courts-Martial shall be constituted in accord with the Constitution and the other law and shall adjudicate Defence Services personnel.

E. The Constitutional Tribunal of the Union

Part 1. Formation of the Constitutional Tribunal of the Union

  1. The Constitutional Tribunal of the Union shall be formed with nine members including the Chairperson.
  2. The President shall submit the candidature list of total nine persons, three members chosen by him, three members chosen by the Speaker of the Pyithu Hluttaw and three members chosen by the Speaker of the Amyotha Hluttaw, 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.

Part 2. Functions and Duties of the Constitutional Tribunal of the Union

  1. The functions and the duties of the Constitutional Tribunal of the Union are as follows:
    1. interpreting the provisions under the Constitution;
    2. vetting whether the laws promulgated by the Pyidaungsu Hluttaw, the Region Hluttaw, the State Hluttaw or the Self-Administered Division Leading Body and the Self-Administered Zone Leading Body are in conformity with the Constitution or not;
    3. vetting whether the measures of the executive authorities of the Union, the Regions, the States, and the Self-Administered Areas are in conformity with the Constitution or not;
    4. deciding Constitutional disputes between the Union and a Region, between the Union and a State, between a Region and a State, among the Regions, among the States, between a Region or a State and a Self-Administered Area and among the Self-Administered Areas;
    5. deciding disputes arising out of the rights and duties of the Union and a Region, a State or a Self-Administered Area in implementing the Union Law by a Region, State or Self-Administered Area;
    6. vetting and deciding matters intimated by the President relating to the Union Territory;
    7. functions and duties conferred by laws enacted by the Pyidaungsu Hluttaw.

Part 3. Effect of the Resolution of the Constitutional Tribunal of the Union

  1. In hearing a case by a Court, if there arises a dispute whether the provisions contained in any law contradict or conform to the Constitution, and if no resolution has been made by the Constitutional Tribunal of the Union on the said dispute, the said Court shall stay the trial and submit its opinion 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.
  2. The resolution of the Constitutional Tribunal of the Union shall be final and conclusive.

Part 4. Submission to obtain the interpretation, resolution and opinion of the Constitutional Tribunal of the Union

  1. 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:
    1. the President;
    2. the Speaker of the Pyidaungsu Hluttaw;
    3. the Speaker of the Pyithu Hluttaw;
    4. the Speaker of the Amyotha Hluttaw;
    5. the Chief Justice of the Union;
    6. the Chairperson of the Union Election Commission.
  2. 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:
    1. the Chief Minister of the Region or State;
    2. the Speaker of the Region or State Hluttaw;
    3. the Chairperson of the Self-Administered Division Leading Body or the Self-Administered Zone Leading Body;
    4. Representatives numbering at least ten percent of all the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw.

Part 5. Appointment of the Chairperson and members of the Constitutional Tribunal of the Union

  1. The President shall appoint the Chairperson and members of the Constitutional Tribunal of the Union approved by the Pyidaungsu Hluttaw.
  2. The Pyidaungsu Hluttaw shall have no right to refuse the persons nominated for members of the Constitutional Tribunal of the Union by the President unless it can clearly be proved that they are disqualified.
  3. The President has the right to submit 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.
  4. A member of the Constitutional Tribunal of the Union shall:
    1. if he is a representative of any Hluttaw, be deemed to have resigned as representative of the Hluttaw commencing from the day he has been appointed as a member of the Constitutional Tribunal of the Union;
    2. 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 Union;
    3. if he is a member of any political party, he shall not take part in its party activities during his term, commencing from the day he has been appointed a member of the Constitutional Tribunal of the Union.
  5. If a member of the Constitutional Tribunal of the Union wishes to resign on his own volition from office before the expiry of his term due to any reason, he may do so, after submitting his resignation in writing to the President.
  6. 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.

Part 6. Qualifications of the Member of the Constitutional Tribunal of the Union

  1. The President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw shall select from among the Hluttaw representatives or among those who are not Hluttaw representatives with three members each who has the following qualifications:
    1. person who has attained the age of 50 years;
    2. person who has qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives;
    3. person whose qualification does not breach the provisions under Section 121 which disqualify a person standing for election as Pyithu Hluttaw representatives;
      1. person who has served as a Judge of the High Court of the Region or State for at least five years; or
      2. person who has served as a Judicial Officer or a Law Officer at least 10 years not lower than that of the Region or State level for; or
      3. person who has practised as an Advocate for at least 20 years; or
      4. person who is, in the opinion of the President, an eminent jurist.
    5. person who is not a member of a political party;
    6. person who is not a Hluttaw representative;
    7. person who has political, administrative, economic and security outlook;
    8. person loyal to the Union and its citizens.

Part 7. Impeachment of the Chairperson and the Members of the Constitutional Tribunal of the Union

334

  1. The Chairperson and members of the Constitutional Tribunal of the Union may be impeached on any of the following reasons:
    1. high treason;
    2. breach of any of the provisions under the Constitution;
    3. misconduct;
    4. disqualification of the qualifications of member of the Constitutional Tribunal of the Union prescribed under Section 333;
    5. inefficient discharge of duties assigned by law.
  2. If the Chairperson or any member of the Constitutional Tribunal of the Union is to be impeached, it shall be done so in accord with the impeachment provisions as prescribed under Section 302 of the Chief Justice of the Union or a Judge of the Supreme Court of the Union. Term of the Constitutional Tribunal of the Union

Part 8. Term of the Constitutional Tribunal of the Union

  1. The term of the Constitutional Tribunal of the Union is the same as that of the Pyidaungsu 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.
  2. 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.

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