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2 1974 Constitution of the Socialist Republic of the Union of Burma


In 1962, the Revolutionary Council took over the State responsibilities. The
Ministry of Judicial Affairs was formed including one Attorney General, one Deputy
Attorney General and three Assistant Attorneys General and there emerged a new
Attorney Generals Office which was responsible for prosecution, legal advice,
legislative drafting (bill) and legal translation. Again, history of Office of the Attorney
General took a different turn in 1974 when the Socialist Republic of the Union of
Burma came into existence in accord with 1974 Constitution. Chapter VII, section-95
to 110 of 1974 Constitution dealt with Judiciary.

SThe following judicial organs shall be constituted in the State;

(1) The Council of Peoples Justices,

(2) State Judges Committee, Divisional Judges Committee,

(3) Township Judges Committee and

(4) Ward Judges Committee, Village-tract Judges Committee.

Sec 96 The Pyithu Hluttaw shall prescribe the duties and powers of the judicial
organs by law. Justice shall be administered collectively by each judicial organ.
Administrative tribunals may be formed according to law. Administration of justice
shall be based on the following principles-

(a) to protect and safeguard the Socialist systems;

(b) to protect and safeguard the interests of the working people;

(c) to administer justice independently according to law;

(d) to educate the public to understand and abide by law;

(e) to work within the framework of law as far as possible for the settlement of
cases between members of the public;

(f) to dispense justice in open court unless otherwise prohibited by law;

(g) to guarantee in all cases the right of defense and the right of appeal under
law;

(h) to aim at reforming moral character in meting and punishment to offenders.

And the Council of Peoples Justices is the highest judicial organ of the State
and shall form the necessary judicial Courts only with its members and administer.
The Council of Peoples Justice shall be responsible to the Pyithu Hluttaw and report
to the Pyithu Hluttaw on the State of the administration of justice. When the Pyithu
Hluttaw is not in session, the Council of Peoples Justice shall be responsible to the
Council of State.
The Peoples Councils at different levels shall respectively form the Judges
Committees with persons elected from among the members of the respective
Peoples Councils and shall elect each Chairman. When the number of Judges
Committees is not sufficient, the Judges Committees at different levels may be
formed Courts with its members as may be necessary. The term of the Judges
Committees is the same as Peoples Councils concerned at different levels. The
Judges Committees shall supervise the judicial organs and Courts formed by them
and shall be responsible to the Peoples Councils concerned.

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