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Key features of Federalism under 2008 Constitution of the Republic of the Union
of Myanmar
The Constitution of the Republic of the Union of Myanmar (hereinafter ‘The
2008 Constitution’) has some federalist features. Under the 2008 Constitution, the
Republic of the Union of Myanmar is constituted by what is termed a “Union system”.
It provides for the devolution of legislative and administrative powers to the 7 states and
7 regions. There are also five self-administered zones, one self-administered division
and one union territory. The status of the self-administered areas is subordinate to that
of the Regions and States, in that they are not represented as such at the Union level, but
through their respective Region or State representatives. Below that level, the 2008
Constitution provides for further devolution of powers to districts, towns, villages and
urban wards.
The legislative power of the Union is with the Pyidaungsu Hluttaw (Bi cameral
Parliamentary system), consisted of the Amyotha Hluttaw, elected on an equal number
of representatives elected from Regions and States and the Pyithu Hluttaw, elected on
the basis of township as well as population and also shared among Regions Hluttaws
and States Hluttaws. Schedule 1 lists the Union Parliament’s legislative powers and
Schedule 2 lists those of the state and regional parliaments. However, all significant
powers, including those over the exploitation of natural resources, are retained at the
Union level. The regions and states’ powers, in turn, extend to what are arguably fairly
insignificant matters such as non-mechanized agriculture (Schedule Two, item 3(a),
local dams (Schedule Two, item 3(e), freshwater fisheries (Schedule Two, item 3(f), salt
and salt products (Schedule Two, item 4(b), the cutting and polishing of gemstones
within their area of jurisdiction (Schedule Two, item 4(b), and village firewood
(Schedule Two, item 4(c)).
The executive power is with the Union Government and States governments.
The Union Government shall comprise of the President, Vice-Presidents, Ministers of
the Union and Attorney General of the Union. The President is the head of the Union
and of the executive. In Myanmar, the Union President has the power to appoint Chief
Ministers of Regions or States, with the approval of the respective Hluttaws.
Myanmar’s 2008 Constitution mentions three different types of courts and their
relevant hierarchy: (1) the Supreme Court which has original and appellate jurisdiction
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with respect to all of its subordinate courts including High Courts of the Regions or
States and Courts of different levels, (2) the Courts-Martial having special jurisdiction
over military personnel in all cases, (3) the Constitutional Tribunal having special
jurisdiction with respect to constitutional review. The Constitutional Tribunal has the
power under section - 322(e) to decide ‘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’. Based on the extent of the powers
devolved and the capacity of the states and regions to exercise them autonomously of
the central government, Myanmar under the 2008 Constitution is best described as a
semi-decentralized unitary state rather than a federation. As currently formulated, the
2008 Constitution does not provide sufficient guarantees of respect for regional
autonomy and local control over natural resources.
The fundamental principles and some provisions of the 2008 Constitution can
only be amended by more than seventy five percent of all the representatives of the
Pyidaungsu Hluttaw, after which in a nation-wide referendum only with the votes of
more than half of those who are eligible to vote. Thus, the 2008 constitution is beyond
rigid to amend some provisions and consistent with the supremacy of constitution.