Some provisions of the Constitution affecting the attorney general, local governments, state of emergency and powers of the president:
Attorney General of Union of BurmaThe Attorney General is the member of Union Government. Anyone who has attained 45 years of age, either an MP or non-MP may be appointed in the post. The Attorney General must have at least five years experience as a justice of a Region or State High Court or served as either a judicial officer or law officer with not lower than State or Region level rank with at least 10 years experience in the job or worked as an advocate for at least 20 years or be an eminent person in the opinion of the President.
State or Regional Governments
State or Regional Governments are formed with a Chief Minister, Ministers and Advocate-General.
As per section 19 and 20 of the Union Government Law, the President may appoint Chief Ministers, Ministers, Advocate-Generals, Auditor-Generals of the Governments of States and Regions and Chairpersons of Self-Administered Divisions or Zones.
As per section 8 of Region or State Government Law, Chief Ministers of these local governments may appoint the Ministers of respective Region or State Governments but as for the Security and Border Affair portfolio, the Chief Minister concerned shall appoint the Armed Forces personnel nominated by the Commander-in-Chief of Armed Forces.
Ordinance promulgated by President
As per section 32 of the Union Government Law, the President has power to promulgate ordinances, which must be approved by Parliament within 60 days from the date of promulgation of said ordinance unless it is revoked. If the Parliament is not in session, the President shall summon and convene an emergency or special session of Parliament within 60 days from the date of promulgation of said ordinance and get approval of the Parliament.
Declaring State of Emergency by President
Section 85 of the Union Government law states: The President may declare a State of Emergency by promulgating an ordinance in co-ordination with the National Defence and Security Council based on three sufficient reasons. As per subsection (c) of said section, the aforesaid reasons are the possible disintegration of the Union, disintegration of national solidarity or loss of sovereignty by means of acts or attempts of insurgency, violence or wrongful forcible means.
As per section 87 of said Law, the President may declare a military administrative order (martial law) if necessary. The President may assign and confer executive and judicial powers and duties to the commander in chief of Defence Services.
As per section 85(b) of said Law, if the President believes the lives, shelters and properties of the people are endangered, under section 90 of said Law, the President may declare a State of Emergency in the Union (country) for the period of up to one year. As per the said Law, the President shall declare conferring legislative, executive and judicial powers to the commander in chief of Defence Services. Starting from the date of conferring these powers, the powers conferred to the leading bodies (executive bodies) of Self-Administered Divisions or Zones, with approval of the local assembly concerned, other than President and Vice Presidents, shall be terminated.
Thirty treaties and conventions which can be handled directly by President without requiring ratification from Parliament
As per sections 59, 60 and 61 of the joint sitting of Parliaments:
International and Regional agreements, matters on conventions, matters on irrigation dam and agricultural water, building deep-sea ports, building roads and bridges, Economy and Commerce, Taxation, nuclear test ban treaty, granting asylum, maritime and air transport, Post, Telegraph, Telephone, Fax, Email, Internet, Intranet and similar communication matters, Exploration and extraction of natural resources and renewable energy, and electricity generation and distribution.
