Council Of State (Myanmar)
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The Council of State ( ) was the constitutional authority of the Socialist Republic of the Union of Burma. It was exercised as quasi-legislative power and supreme administrative power. This council was formed in accordance with Chapter 5 of the 1974 Constitution. According to the Constitution, the Pyithu Hluttaw, the highest organ of State Power shall elect the council to carry out the decisions and policies of the Pyithu Hluttaw. The Chairman of the council shall be the President of the Republic, and the office of the President shall be the same as that of the Council of State. According to the Council of State Law, the President is the
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
, and as head of state, the President represents Myanmar both domestically and internationally. The council is composed of 29 members. Due to the one-party system, all members of the State Council are members of the
Burma Socialist Programme Party The Burma Socialist Programme Party (BSPP) was the ruling party of Burma (now Myanmar) from 1962 to 1988 and the country's sole legal party from 1964 to 1988. Party chairman Ne Win overthrew the country's democratically elected government i ...
(BSPP), founded by
Ne Win Ne Win (; ; 24 May 1911 – 5 December 2002), born Shu Maung (; ), was a Burmese army general, politician and Prime Minister of Burma from 1958 to 1960 and 1962 to 1974, and also President of Burma from 1962 to 1981. Ne Win was Burma's mili ...
. Regardless of the constitution, the highest authority remains in the hands of party chairman Ne Win. After retiring as president and chairman of the council, Ne Win remained chairman of the party and supreme leader of the state, managing the country's affairs. On 18 September 1988, Bama Tatmadaw assumed all power in the state and founded the State Law and Order Restoration Council, dissolving the State organs including the Council of State.


Structure

According to the constitution, the council shall be composed of 29 members.14 members are elected by the MPs of Pyithu Hluttaw by respective states and divisions. Another 14 members are elected by Pyithu Hluttaw, and the last member is the
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
from Council of Ministers, the highest executive organ of the State. The elected council members elect their chairman and secretary and obtain the approval of the Pyithu Hluttaw. The chairman shall be the President of the Republic. The Council of State is designed to represent all states and divisions. The Prime Minister is appointed as a member of the Council of State to facilitate communication between the Council of Ministers (Cabinet) and the Council of State so that the Council of Ministers can comply with the decisions made by the State Council.


Term of Office

The term of the Council of State is the same as that of the Pyithu Hluttaw, and the term of the President is the same as that of the Council. The Council of State shall, on the expiry of the Pyithu Hluttaw, continue to perform its duties and functions until a new Council of State has been duly elected and constituted.


Duties, Powers and Responsibilities

The Council of State must report to Pyithu Hluttaw. If it is necessary for a meeting of the Pyithu Hluttaw to take place, it may convene in consultation with the Speaker of the Hluttaw and promulgate laws enacted and rules made by the Pyithu Hluttaw. The chairman of the Council shall sign the laws, rules, and resolutions passed by the Pyithu Hluttaw as well as the orders promulgated by the Council of State. These shall be promulgated in the official Gazette. The Council of State shall submit the candidates from among the members of Pyithu Hluttaw to the Pyithu Hluttaw to elect to the Council of Ministers, Council of People's Justices, Council of People's Attorneys and Council of People's Inspectors. The Council of State shall submit the candidates from among the members of Pyithu Hluttaw to enable the Pyithu Hluttaw to elect Affairs Committees of Pyithu Hluttaw. International treaties can be carried out with the consent of the Hluttaw. If it is invaded by foreign countries, it can report to the Pyithu Hluttaw and take military action as necessary. A state of emergency can be declared in the country if necessary. If elections are not held for any reason, the term of the Pyithu Hluttaw and People's Council may be extended three times in six months. The Council of the State can appoint or remove deputy ministers and heads of Bodies of Public Services.


List of the Chairman of the Council

*
Ne Win Ne Win (; ; 24 May 1911 – 5 December 2002), born Shu Maung (; ), was a Burmese army general, politician and Prime Minister of Burma from 1958 to 1960 and 1962 to 1974, and also President of Burma from 1962 to 1981. Ne Win was Burma's mili ...
* San Yu * Sein Lwin * Maung Maung


Notes


References

{{reflist Government of Myanmar 1974 establishments in Burma