Today, I would like to explain the provisions in the Constitution regarding handover of duties and functions of the Pro Tem President to the Chairman of the State Administration Council in order to carry out tasks of the National Defence and Security Council that was being questioned by media.
The SAC Information Team has issued the information about health conditions of Pro Tem President U Myint Swe since 18 July. A special medical team is carefully providing healthcare services to Pro Tem President. But, as his health condition does not improve yet to serve duties of Pro Tem President, handover of his duties and functions was held yesterday. In this regard, I would like to inform all first that the measures were taken in accord with the provisions of the Constitution. In reviewing the announcement on the state of emergency mentioned in Section 417 and announcement of the state of emergency in Section 412 in the Constitution, the remaining persons have to continuously serve the duties assigned by the Constitution even though some persons from the National Defence and Security Council are absent during the period when the state of emergency has not completed yet. Section 412 (b) stipulates that “if all the members are unable to attend the meeting held by the President to coordinate with the National Defence and Security Council under Sub-Section (a), the President may declare in time a state of emergency after coordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister for Defence, and the Minister for Home Affairs who are members.” If the Pro Tem president cannot attend the meeting of the National Defence and Security Council due to his health condition or the post of Pro Tem President is vacant under various reasons, the Chairman of the State Administration Council Commander-in-Chief of Defence Services has to lead the meeting of the National Defence and Security Council to decide administrative measures of the State according to the constitutional provisions of the Section 412 (b) as he is exercising the executive power of the State on behalf of the President in line with the Section 419.
As such, the executive power of the State shall be handed over to the Chairman of the State Administration Council who is practically exercising the duties of the President under Section 419. With regard to the measures why the Speaker of Pyithu Hluttaw does not take a leading role, Section 418 mentions this situation that there is the Speaker of Pyithu Hluttaw but not Hluttaw. The Speaker of Pyithu Hluttaw is waiting for handing over the responsibilities to new Hluttaw speakers elected under Section 424. With regard to replying to the question whether SAC Chairman Prime Minister Senior General Min Aung Hlaing will serve as Pro Tem President or SAC Chairman, the matter has already been mentioned in the statement issued on the previous day. For serving the measures of the National Defence and Security Council, the duties of Pro Tem President were handed over to the Chairman of the State Administration Council.
So, the National Defence and Security Council (NDSC) will mention the name of President in exercising the executive power of the State according to Section 431. The State Administration Council and the government will exercise legislative, executive and judicial powers of the State in accord with Section 419 of the Constitution. The State Administration Council will continue implementation of the adopted Five-point Roadmap and nine objectives without any change. Here, what I would like to stress is that a free and fair multiparty democratic general election, which is an ultimate mission of the State Administration Council government, will be definitely held. I thank you all.
Source: (24-7-2024)
- Pro Tem President U Myint Swe has been undergoing special medical treatment while he is on medical leave because of his current health condition. Accordingly, Pro Tem Presidential duties were handed over to SAC Chairman for carrying out the affairs of National Defence and Security Council under the provisions of the Constitution.
- If the post of Pro Tem President is vacant under various reasons at the National Defence and Security Council, the Chairman of the State Administration Council Commander-in-Chief of Defence Services has to lead the meeting of the National Defence and Security Council to decide administrative measures of the State as he is exercising the executive power of the State on behalf of the President in line with the Section 419.
- With regard to the measures why the Speaker of Pyithu Hluttaw does not take a leading role, Section 418 mentions this situation that there is the Speaker of Pyithu Hluttaw but not Hluttaw. The Speaker of Pyithu Hluttaw is waiting for handing over the responsibilities to new Hluttaw speakers elected under Section 424.
- So, the Pro Tem Presidential duties were handed over to SAC Chairman for carrying out the affairs of National Defence and Security Council. The State Administration Council and the government will exercise legislative, executive and judicial powers of the State in accord with Section 419 of the Constitution.
- What I would like to stress is that a free and fair multiparty democratic general election, which is an ultimate mission of the State Administration Council government, will be definitely held.