Republic of the Union of Myanmar National Defence and Security Council Third Amendment to the Constitutional Tribunal of the Union Law (Law 1/2026 of the National Defence and Security Council)

 

THE National Defence and Security Council hereby enacts this law under Section 427 of the Constitution of the Republic of the Union of Myanmar.

1. This law shall be called the Third Amendment to the Constitutional Tribunal of the Union Law.

2. Subsections (h), (i), (j), (k) and (l) shall be added behind Subsection (g) of Section 2 of the Constitutional Tribunal of the Union Law.

(h) A submission means a submission filed with the tribunal by a person or organization as prescribed by law in relation to matters for obtaining the tribunal’s interpretation, decision, or opinion.

(i) Interpretation means the meaning or interpretation provided by the tribunal in response to a submission filed under Subsection (a) of Section 12 of this Law.

(j) Opinion means the tribunal’s communicated opinion in response to a submission filed under Subsections (b) and (c) of Section 12 of this Law.

(k) Decision means the tribunal’s decision in response to a submission filed under Subsections (d), (e), (f), and (g) of Section 12 of this Law.

(l). Electronic communication method means any method of communication carried out using electronic technology, including fax, e-mail, or website, through which documents, images, sound, or both images and sound can be transmitted and received; or through video conferencing, live television link, or any other electronic technology.

3. Sub-clause (dd) shall be added behind sub-clause (cc) of clause (4) of Subsection (a) of Section 4 of the Constitutional Tribunal Law as follows: - (or)

(dd). The individual is considered by the President to be a prominent and reputable legal scholar.

4. Subsection (b) of Section 4 of the Constitutional Tribunal of the Union Law shall be revoked.

5. Section 6 of the Constitutional Tribunal of the Union Law shall be substituted as follows: - “6. The President shall submit to the Pyidaungsu Hluttaw the list of nine members – three members selected by the President, three members selected by the Speaker of the Pyithu Hluttaw, and three members selected by the Speaker of the Amyotha Hluttaw – as well as the name of one member among them to be appointed as the Chairperson of the Constitutional Tribuna of the Union, to obtain the Pyidaungsu Hluttaw’s approval”.

6. Subsection (i) of Section 12 of the Constitutional Tribunal of the Union Law shall be revoked.

7. Section 20 of the Constitution Tribunal of the Union Law shall be substituted as follows: - “20. (a) All members, including the Chairperson, shall hear and decide the matter related to the submission. For any reason, whether due to a specific duty or other circumstances, if all members are unable to convene as a full panel, at least seven members, including the Chairperson, may hear and decide the matter.

          (b) When a submission is filed to obtain the tribunal’s interpretation or opinion, if there is no person, department and organization to reply to the submission and there is no person, department, or organization concerned with the submission, the Chairperson and members may, through judicial deliberation, issue the interpretation or opinion in accordance with Subsection (a) of Section 20”.

8. Subsection (f) of Section 21, cancelled in the Constitutional Tribunal of the Union Law, shall be re-added as follows: -

“(f).The tribunal may apply the provisions of the Code of Civil Procedure, the Code of Criminal Procedure, and the Evidence Act as appropriate in carrying out its functions under this Law.

9. Subsection (i) of the Constitutional Tribunal of the Union Law shall be added behind Subsection (h) of Section 21 as follows:-

“(i) The tribunal may, at any stage of handling a submission, communicate and carry out necessary actions using any electronic communication method”. 10. Subsections (a), (c), and (d) of Section 22 of the Constitutional Tribunal Law shall be substituted as follows:- “22. The tribunal shall –

(a) make arrangements to promptly determine and communicate interpretations, decisions, or opinions, whether after hearing a submission under Subsection (a) of Section 20 or after judicial deliberation on matters related to Subsection (b) of Section 20”.

(c) The tribunal’s interpretation, decision, or opinion issued after hearing under Subsection (a) of Section 20 shall be determined by a majority agreement of the members of the tribunal who heard the case, including the Chairperson.

(d) The tribunal’s interpretation or opinion on matters related to Subsection (b) of Section 20 shall be communicated by a majority agreement of the members, including the Chairperson”.

11. The title of Chapter VI of the Constitutional Tribunal of the Union Law shall be substituted as follows: - “Effects of the Tribunal’s Interpretations, Decisions, and Opinions”

12. Sections 23 and 24 of the Constitutional Tribunal of the Union Law shall be substituted as follows: -

“23. The tribunal’s decision made in relation to a matter submitted by a court under Subsection (g) of Section 12 shall apply to all similar legal disputes.

(24) Each interpretation, decision, or opinion of the tribunal shall be final and binding, and shall affect the relevant government departments, organizations, and individuals, as well as in the respective localities and regions concerned”.

13. Section 37 and Section 37-a of the Constitutional Tribunal of the Union Law shall be revoked. I hereby sign the law under Section 427 of the Constitution of the Republic of the Union of Myanmar.

Sd/ Min Aung Hlaing                                                                                  

Senior General

Acting President

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