The Judicial System and Court

Proceedings in Myanmar
1

Introduction
Situation of the Union of Myanmar
In Southeast Asia
bordered by China on the North and Northeast.
And Laos and Thailand on the East and Southeast.
bordered by Bangladesh and India on the West.
bordered by Andaman sea and Bay of Bengal on the South.

Total Land Area

676.578 sq Kilometers
forest covering area is 344.23739 Kilometers
harvested gross area is 14,772,803 hectares
sown gross area is 15,449,850 hectares

population
population is about 64 millions in 2012
135 National Races Mainly (Kachin,Kayah,Kayin,Chin,Bamar,
Mon,Rakhine and Shan)
2

Country vast potential

Myanmar has a wide variety of ecosystems such as :
land,
mountain,
forest,
wetland,
coastal and
marine ecosystems.
The country is rich in resources and enjoys an unusually great
diversity of flora and fauna. Forests, wetlands including mangroves,
swamp forest, lakes, marshes and seas provide a natural habitat for this
large variety of biological species. Myanmars rivers, numerous steams,
creeks, lakes and seas also provide home to a large variety of fresh water
and marine fish, shrimps and prawns species.
Myanmar has rich mineral deposits and also has a large potential
of energy resources such as hydro carbons and a great potential of
hydropower.
3

Burma is fairly rich in Minerals, Gold, Silver and other valuable metals
have been found in small quantities in various parts: fine marble is work
near Mandalay, Coal of fair quality has recently been discovered in several
parts of Upper Burma. Mogok supplies the world with rubies: and sapphires
are found there, and in the Shan States. Petroleum is obtained in large
quantities at Yenangyoung in Upper Burma, and smaller quantities in
Arrakan and else-where. Jade and amber are extracted in considerable
quantities in the northern part of the people. Cotton, sesames, and tobacco
are extensively grown and orchards are found near every village but rice
covers about five-sixths of the total area under cultivation. The soil is lavish
in its yield, requires little labour and no artificial stimulus beyond the ash of
the past years stubble, which is burned down and worked into the land.
Upper Burma though inferior in point of fertility to the low-lying tracts of
Lower Burma, is far from unproductive. The chief crops are rice, maize,
millet, wheat, pulses, tobacco and sesames.

Original and Development of Legal

System in Myanmar
Legal Framework and Judicial Administration In olden days
Dammathat - collections of Corpus Jurist of Myanmar
customary traditions conventions and ratio decidendi of eminent judges
and learned personal in their decisions or writings, collected and
consolidated versions of Myanmar Customary Law throughout the ages.
Indeed, Dammathets are composed of Legal Rules and Principle for Civil
matters and Civil Law; mainly relate to Marriage, Divorce. Partition,
Succession, Inheritance and Adoption etc. Those Legal Rules and
Principles are based on egalitarian Rights relating to equality under Law;
and still being apply by the present day courts of the Union of Myanmar.
Phyahton the Judicial decisions passed by Courts, Benches and
the Kings Hluttaw; like the present day Law Reports (Rulings) of
Supreme Court.

Legal System at present

The legal system of the Union of Myanmar is a unique combination of
the customary law of the family, codified English common law and recent
Myanmar legislation. The principles of English common and statutory law were
implanted in Myanmar by the British law codes of the pre-independence India
Statutes. These statutory laws, based on and incorporating the English common
and statutory law of the time, include the Arbitration Act, Companies Act, Contract
Act, Evidence Act, General Clauses Act, Negotiable Instrument Act, Registration
Act, Sale of Goods Act, Transfer of Property Act, Trusts Act and the Civil and
Criminal Procedure Codes.
Where there is no statute regulating a particular matter the Courts are to
apply Myanmar's general law, which is based on English common law as adopted
and molded by Myanmar case law, and which embodies the rules of equity, justice
and good conscience. Where there is no relevant statutory general law on point ,
the Myanmar Courts are obliged to decide the matter according to justice, equity
and good conscience.

Development
After becoming an independent State, the Supreme Court and High Court were
established and Courts at different levels were also formed under the Union Judiciary
Act, 1948.
On 2nd March 1962, the Revolutionary Council took over the sovereign powers
and the judicial system was transformed into socialist system. The Revolutionary
Council abolished the Supreme Court and the High Court and established the Chief
Court instead.
Under the 1974 Constitution, the Central Court, the State and Divisional Courts,
The Township Courts and the Wards and Village Tracts courts were formed. The
salient feature of the then Judicial system was the participation of the working people
in all level of courts.
On the 26th of September, 1988 when the State Law and Order Restoration
Council promulgate the Judiciary Law, 1988 for the formation of the Courts at
different levels and for the administration of Justice in the Union of Myanmar. It was
subsequently repealed by the Judiciary Law, 2000 which was promulgated on June 27,
2000 by the State Peace and Development Council, for the promotion of the Judiciary,
and to revamp the formation of Courts.
7

The present Judicial System of

Myanmar
On the 28th of October 2010, the Union Judiciary Law had been
enacted to adopt the
present Judicial System under the
Constitution of the Republic of the Union of Myanmar,2008

Judicial Principles
The administration of justice shall be based upon the following principles
(Section 3 of the Judiciary 2010)
(a) to administer justice independently according to law;
(b) to dispense justice in open Court unless otherwise prohibited by law;
(c) to obtain the right of defence and the right of appeal in cases according to law;
(d) to support in building of rule of law and regional peace and tranquility by
protecting and safeguarding the interests of the people;
(e) to educate the people to understand and abide by the law and nurture the habit
of abiding by the law by the people.
(f) to cause to compound and complete the cases within the framework of law for
the settlement of cases among the public.
(g) to aim at reforming moral character in meting out punishment to offenders.

 No penal law shall have retrospective effect.

Any person who committed an offence shall be convicted only under the relevant
existing law at the time of its commission. Moreover, he shall not be sentenced
with a penalty more than that which is applicable under the said law.
If a person is convicted or acquitted by a competent court for an offence, he shall
not be retried for such offence unless a superior Court sets aside such convicting or
acquitting judgment and passes order for retrial.

10

Judiciary
Formation of Courts under section 293 of 2008 Constitution
S.293 - Court s of the Union are formed as follows:
(a) Supreme Court of the Union. High Courts of the Region, High Courts of the
State, Courts of the Self-Administered Division, Courts of the SelfAdministered Zone, District Courts, Township Courts and the other Courts
constituted by law;
(b) Courts martial;
(c) Constitutional Tribunal of the Union;

11

Formation of Courts at Different Levels under Judiciary Law,2010

Under the Judiciary law, 2010 the following courts were established in the
Union of Myanmar The Supreme Court of the Union of Myanmar
The High Court of the Region or the State
Court of Self-Administered Division
Court of Self-Administered Zone
District Courts
Township Courts
Other Courts established by Law

12

THE SUPREME COURT OF THE UNION

HIGH COURTS OF THE REGION (or) THE STATE

COURT OF THE SELFADMINISTERED

DIVISION

COURT OF THE SELFADMINISTERED

ZONE

TOWNSHIP COURTS

JUVENILE COURTS
(TO TRY JUVENILE
OFFENCES)

DISTRICT COURTS

SPECIAL COURTS

COURTS TO TRY
MUNICIPLE OFFENCES

COURTS TO TRY
TRAFFIC OFFENCES

13

The Supreme Court

Formation
The Supreme Court of the Union is the highest organ of the State
Judiciary of the Union of Myanmar. The Supreme Court consists of team a
minimum of 7 to a maximum of 11 judges, including the chief justice.

Jurisdiction
The Supreme Court is the highest court of appeal. It exercises both
appellate and revision powers. It also has original jurisdiction which enables it
to hear cases as the court of first instance. It is the only court in Myanmar
which can try maritime cases in its original jurisdiction

14

Only the Supreme Court of the Union has original jurisdiction in the
following matters(a) Matters arising out of bilateral treaties concluded by the Union;
(b)Other disputes between the Union Government and the Region or State
Government except the Constitutional problems;
(c)Other disputers among the Regions, among the State, between the
Region and the State and between the Union Territory and the Region
or the State except Constitutional problems;
(d)piracy, offences committed at international water or airspace, offences
committed at ground or international water or airspace by violating the
international law;
(e)Cases prescribed under any law;

15

Subject to any provision of the Constitution or any other law, the Supreme Court of
the Union, has the jurisdiction on:
(a) The appeal against the judgment, decree or order passed by the
Supreme Court of the Union by exercising its original jurisdiction.
(b) The appeal against the judgment, decree or order passed by the High
Court of the Region or the State
(c) The appeal against the judgment, decree or order passed by other
Court in accord with law.

The Supreme Court of the Union has the jurisdiction on revision in accord with law
against the judgment or order passed by a Court.

16

The Supreme Court of the Union has the jurisdiction on confirming death sentence
and appeal against the death sentence.
The Supreme Court of the Union:
(a)Has the Jurisdiction on a case transferred to it by its own decision.
(b)Has the Jurisdiction for the transfer of a case from a Court to any other Court.
The Supreme Court of the Union:
(a)Has the power to issue the following writs:
(i) Writ of Habeas Corpus:
(ii) Writ of Mandamus;
(iii) Writ of Prohibition
(iv) Writ of Quo Warranto;
(v) Writ of Certiorari;
(b) At the time of the occurrence of the following situation, the right to claim the
rights contained in section 377 of the Constitution shall not be suspended unless it is
required for public security:
(i) in time of war;
(ii) in time of foreign aggression;
(iii) in time of insurrection;

17

Duties and Powers of the Supreme Court of the Union

The Supreme Court of the Union is the superior court of record and
has supervisory powers over all courts in the Union and its decisions are
binding upon all courts.
A case finally and conclusively adjudicated by the Supreme Court
exercising its original jurisdiction, or a case finally and conclusively adjudicated
by the Supreme Court on the final and conclusive decision of any court may, on
being admitted for special appeal by the special Bench in accordance with the
procedures, be heard and adjudicated again by the Special Appellate Bench. The
Special Appellate Bench will consist of a total of 3 Justices including the Chief
Justice. Only when substantial question are arisen will the Supreme Court
interfere by way of appeal by special leave in criminal and civil matters. The
decision of the Special Appellate Branch is final and conclusive.
The Supreme Court of the Union:
(a) shall supervise all Courts in the Union;
(b) may direct to adjudicate the important cases of the High Court of the Region
or State, Courts of Self- Administered Division, Self - Administered Zone and
District Courts by a bench consisting of more than one judge.
The Supreme Court of the Union is entitled to submit the bills relating
to the judiciary to the Pyidaunsu Hluttaw in accord with the stipulated manners.
18

Appointments of Supreme
Court Staff
The Chief Justice of the Supreme Court may, subject to such rules and
restrictions as may be prescribed by the Pyidaungsu Hluttaw appoint so many and
such clerks and other judicial officers as may be found necessary for the
administration of justice and the due execution of all the powers and authorities
granted to the Supreme Court of the Union.

19

High Courts of the Region or the

State
Formation
The High Courts of the Region or the State are established under the
Judiciary Law, 2010.

Composition
From a minimum of 3 to a maximum of 7 judges of the High Court of the
Region or State including the Chief Justice of the High Court of the Region or State
may be appointed in each High Court of the Region or State.
The President shall, in co-ordination with the Chief Justice of the Union,
relevant Chief Minister of the Region or State, appoint a person who fulfils the
qualification under section 310 of the Constitution and section 48 of this Law as
the Chief Justice of the relevant Region or State, with the approval of the Region or
State Hluttaw.
The President shall appoint the persons in respect of whom the Chief
Minister of the Region or State co-ordinates with the Chief Justice of the Union,
and who fulfill the qualifications under section 310 of the Constitution and section
48 of this Law as the Judges of the High Court of the Region or State with the
approval of the Region or State Hluttaw.
20

Jurisdiction
The High Courts of the Region or State have the following jurisdictions in accord
with law:
(a) adjudicating on the original case;
(b) adjudicating on the appeal case;
(c) adjudicating on the revision case;
(d) adjudicating on the cases prescribe by any law;
The High Court of the Region or State has the jurisdiction:
(a) to adjudicated on a case transferred to it by its own decision within its
jurisdiction of the Region or State;
(b) to adjudicate on transfer of a case from any court to any other court within its
jurisdiction of the Region or State.
Original Civil Jurisdiction unlimited pecuniary jurisdiction in original Civil Suit.
The High Court of the Region or State may, in exercising its jurisdiction,
adjudicate on cases by a judge or a bench consisting of more than one judge as
determined by the Chief Justice of the Region or State.

21

The District Court , The Court of Self- Administered

Division; the Court of Self-Administered zone
Formation
The District courts of Self-Administered Division and Self Administered
Zone are established under the Judiciary Law, 2010.

Composition
In every District Court, a District Judge is appointed by the Supreme
Court of the Union. Judge may also be appointed by the Supreme Court of the
Union depending on the volume of work. Those Judges are conferred with judicial
powers by the Supreme Court of the Union in accordance with the provisions of
the Criminal Procedure Code and Civil Procedure Code.

22

Jurisdiction
The District Judges Self-Administered Division and Self Administered
Zone are conferred with original criminal jurisdictional powers, criminal appellate
and revision jurisdictional powers according to the Criminal Procedure Code.
They also invested with original civil jurisdictional powers, civil appellate and
revision jurisdictional powers according to the Civil Procedure Code. As courts of
original jurisdiction they hear and determine serious criminal cases and civil cases.

(1) District Judge

Pecuniary Jurisdiction to try original civil suit for

a maximum value of 500 million Kyats

(2) Deputy District Judge Pecuniary Jurisdiction to try original civil suit for
a maximum value of 100 million Kyats

23

The Township Courts

Formation
The Township courts are established under the Judiciary Law, 2010.

Composition
In every Township court a Township Judge is appointed by the
Supreme Court of the Union. Additional Township Judges or Deputy Judges may
also be appointed by the Supreme Court depending on the volume of work. Those
Judges are conferred with judicial powers by the Supreme Court in accordance
with the provisions of the Criminal Procedure Code and Civil Procedure Code.
A Township Judge is the officer in charge of court administration
matters. He or she also has the power to distribute all cases received in the
Township court to other judges of Township courts. But every judge has
independent jurisdiction over cases assigned to him or her.

24

Jurisdiction
Township courts are mainly courts of original jurisdiction. The judges
appointed to a Township court are Township Judges, additional Township Judges
and Deputy Township Judges. Township Judges by virtue of their posts are specially
empowered as Magistrates who can pass sentences of up to seven years
imprisonment where as an Additional Township Judge, if he or she is especially
empowered with such special magisterial powers, may award sentences not
exceeding seven years. The remaining Deputy Township Judges can impose
sentences according to their magisterial powers.
Some of the civil cases in which the amount in dispute or value of the
subject matters is not exceeding 10million kyats are adjudicated in Township courts.
They also exercise Juvenile Jurisdiction specially conferred under 1993 Child Law.
(1)Township Judge
Pecuniary Jurisdiction to try original civil suit for a
maximum value of ten million Kyats.

(2)Additional Township Judge

Pecuniary Jurisdiction to try original Civil
suit for a maximum value of seven million Kyats.

(3)Deputy Township JudgePecuniary Jurisdiction to try original civil suit for a

maximum value of three million Kyats.
25

Other Courts Constituted to Try Separate Cases

Separate court can be established either under special provisions in any
law or in respect of those cases which occur irregularly in populous areas. Separate
courts specially constituted by the Supreme Court to achieve speedy and effective
trial under some special laws include:Juvenile Courts
Courts to try Municipal Offences
Courts to Try Traffic Offences

26

Juvenile Courts
The State Law and Order Restoration Council enacted the Child Law of
1993. The Child Law, 1993 was adopted to implement the rights of the child
envisaged in the United Nations Convention on the Rights of the Child. In the
administration of Justice in the Union of Myanmar a juvenile offender is usually
tried summarily by a competent court irrespective of the severity of the offence. In
ordinary circumstances the legislature intended the juvenile offender to be punished
as leniently as possible so that he or she may be able to enter the mainstream of life
with a clear conscience, confident, efficient and with high normal. To achieve that
spirit, juvenile offenders cannot be sentenced to death or transportation for life, or
whipping.
In accord with the Child Law, Township courts are conferred with powers
to try juvenile offences. A separate Juvenile court (Yangon) has been constituted to
try juvenile cases occurring at 20 townships in Yangon City Development Area. A
separate Juvenile court (Mandalay) has been constituted to try juvenile cases
occurring at 5 townships in Mandalay City Development Area. Apart from that,
Juvenile court has been established separately township within the Court House.

27

Courts to try Municipal

Offences
7 separate courts have been opened in Yangon after consultation with the
Yangon City Development Committee to try municipal offences. Such offences
include; violating provisions of the City of Yangon Municipal Act, Rules, By-Law,
Orders and Directions still in force and those under the Yangon City Development
Law enacted by the State Law and Order Restoration Council, 4 separate courts have
also been established in Mandalay after consultation with the Mandalay City
Development Committee, to try municipal offences.

28

Courts to Try Traffic Offences

In order to try offenders violating vehicle rules and road discipline, 7
separated courts in Yangon City Development area and 2 separated courts in
Mandalay City Development area, exclusively for that purpose have been
constituted in consultation with the Traffic Rules Enforcement Supervision
Committee.

29

The Legal Profession

There are 2 classes of Lawyers in Myanmar. They are Advocates and
Higher Grade Pleaders. Advocated are authorized to practise in all courts including
the Supreme Court and Higher Grade Pleaders are licensed to practices in
subordinate courts only, i.e. State and Divisional courts, District courts, and
Township courts. Both classes of lawyers are also allowed to practise in all Revenue
Tribunal, subordinate to the Ministry of Finance and Revenue and other separate
courts.

30

In early 1997 there were approximately 6,400 locally qualified legal practitioners in
Myanmar and still only a few resident foreign qualified lawyers.
Legal practitioners in Myanmar are made up of "advocates" and "pleaders". Advocates are entitled
to appear before any Court or tribunals in Myanmar. However, pleaders are only entitled to appear
before those courts and tribunal for which they are specifically licensed (in practice, all courts
except the Supreme Court.)
The activities of legal practitioners (i.e. advocates and pleaders) in Myanmar are
governed by the legal Practitioners Act 1879 and the Bar Council Act 1926. The Legal
Practitioners Act is mainly concerned with the entry qualifications, practice and discipline of
pleaders, whereas the Bar Council Act creates the Bar Council (run along similar lines to Bar
Council Act creates The Bar Council region), determines the necessary qualifications of persons
wishing to practice as advocates and is responsible for the conduct of advocates.
The minimum educational requirement to become an advocate is a Bachelor of Laws degree
(L.L.B), a post graduate Bachelor of Law degree (B.L) or a post graduate Registered Lawyer
certificate (R.L) and three years practice as a pleader. In order to become a pleader (without the
right to become an advocate), one must pass the Higher Grade Pleader's examination. To become
a judicial officer or judge it is necessary to have completed the requirements for admission as an
advocate and to pass a special examination held by the Public Service Commission.
A legal practitioner may, by private agreement, settle the terms of his/ her engagement
and the fee to be paid for his/ her professional services, and may institute and maintain legal
proceeding to recover any fee due to him/her. Legal practitioners are not exempt from liability in
respect any fee loss or injury due to any negligence in the conduct of his/ her professional duties
and may be sued in respect of such.

31

Judicial mottos
Adjudicate as to the laws;
Adjudicate fairly and speedily;
Act as to the procedure;
Maintain the integrity and reputation of the court.

32

33

Court Martial
Under Section 319 - the Constriction of the Republic of the Union of
Myanmar 2008
The Courts-Martial shall be constituted in accord with the Constitution
and the other law and shall adjudicate Defence Services personnel.
(No other Court shall take cognizance of any cases relating with military
personnel.)

34

The Constitutional Tribunal of

the Union
Formation of the Constitutional Tribunal of the Union
Section 320 - The Constitutional Tribunal of the Union shall be formed
with nine members including the Chairperson.
Section 321 The President shall submit the candidature list of total nine
persons, three members chosen by him, three members chosen by the
Speaker of the Pyithu Hluttaw and three members chosen by the Speaker of
the Amyotha Hluttaw, and one member from among nine members to be
assigned as the Chairperson of the Constitutional Tribunal of the Union, to
the Pyidaungsu Hluttaw for its approval.
Functions and Duties of the Constitutional Tribunal of the Union
Section 322 The functions and the duties of the Constitutional Tribunal
of the Union are as follows:
a)Interpreting the provisions under the Constitution;
35

b) Vetting whether the laws promulgated by the Pyidaungsu Hluttaw, the

Region Hluttaw, the State Hluttaw or the Self-Administered Division
Leading Body and the Self-Administered Zone Leading Body are in
conformity with the Constitution or not;
c) Vetting whether the measures of the executive authorities of the Union,
the Regions, the States, and the Self-Administered Areas are in
conformity with the Constitution or not;
d) Deciding Constitutional disputes between the Union and a Region,
between the Union and a State, between a Region and a State, among
the Regions, among the State, between a Region or a state and a SelfAdministered Areas and among the Self-Administered Areas.
e) Deciding 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;
f) Vetting and deciding matters intimated by the President relating to the
Union Territory;
g) Functions and duties conferred by laws enacted by the Pyidaungsu
Hluttaw(Parliament of the Union).

36

Effect of the Resolution of the Constitutional Tribunal of the Union

Section 323 - In hearing a case by a Court, if there arises a dispute
whether the provisions contained in any law contradict or conform to the
Constitution, and if no resolution has been made by the Constitutional
Tribunal of the Union on the said dispute, the said Court shall stay the trial
and submit its opinion to the Constitutional Tribunal of the Union in accord
with the prescribed procedures and shall obtain a resolution. In respect of
the said dispute, the resolution of the Constitutional Tribunal of the Union
shall be applied to all cases.
Section 324 - The resolution of the Constitutional Tribunal of the Union
shall be final and conclusive.

37