The fruit of democracy in the first stage after blossom which was immature fell together with the declaration at dawn of the 1st February , 2021 . In Myanmar history , that day was also the fourth times that the sovereign power was usurped by the military .
In four times of military’s coup ,despite there was a difference in each times, the wish which wants to usurp the power of the state was the same . In October 28 , 1958, firstly , the military took the sovereign power in Myanmar history . In taking power first time , U Nu , the prime minister of government who was elected handed over the power to the military legally in accordance with the section (116) of the constitution , 1947 .
The military governed the land under the name of house – sitting government for (18) months . Next the election was held and the power was handed over to the elected party again . In that coup, the military did not amend and change the (1947) constitution which was exercised then .
In March 2, 1962 , the army performed the coup in second times . In that coup , the military abolished the 1947 constitution and they ruled the country as the name of Revolutionary Council . That administration lasted for twelve years until the new constitution of 1974 was drawn and adopted . In the years , the Major General Nay Win led and performed the whole two coups in 1958 and 1962 and the students in that time were contrary the coup mainly .
In September 18 , 1988 , the third coup took place . The students who initiated in March 1988 contravened the Socialist Party of Myanmar . The whole country demonstrated and one party system came to an end and could abolish the socialist constitution of 1974 . At the moment , the whole demonstrated and there was no government to rule so, the military usurped the state’s power and controlled the country by forming the State Law and Order Restoration Council .
In the year 2010 , lasting up to 22 years after the military coup in 1988 , according to the 2008 constitution which was newly drafted , the election was held and the coup ended by handing over the State’s power to the Civilian Government .
On 1st February , 2021 , by the reason that 2020 election had the falseness of votes ,the sovereign power was retained again . The Military announced the public and the internationals that they took the power not because by referencing the legal facts of the 2008 constitution but because by handing over the power according to the emergency situation
The military said that they perform the coup according to the section 417 Chapter 11 of the constitution .This section means that the president may declare a state of emergency after co-ordinating with the National Defence and Security Council and can handover the State Power to the military .
But the wrong impression about their performance concerned with the legal facts which include in constitution is that in the position of president , they substituted the vice president U Myint Swe who was elected by the army .
In that evening of 31st January ,2021, the junta arrested the president and the vice president (2) unlawfully and the vice president (1) was replaced as the Acting President .
Although the military tried to show that they acted the coup in accord with the constitution , it could be visible that it was contrary with the legal facts of the constitution at all as like Myanmar saying ‘proverb on the front cover “
In section (16) Chapter (1) , basic principle of the constitution 2008 , it is described that the president is the Head of the Union and the Head of the Executive of the Union .
Besides, in section (215) Chapter(5) Executive of the constitution, the president shall not be answerable to any Court for the exercise of the powers and functions in accord with the constitution or any law .
If one wishes to impeach the president , he can perform it according to the section (71) Chapter (3) and described that if it is true , the Head of the Pyidaungsu Hluttaw shall declare the removal of the president .at the time , the vice president (1) shall serve as Acting President .
The military has ignored the provisions of the constitution and arrested the president and the vice president (2) with arms in hands and unfairly and assigned the vice president (1) as the Acting President .
It is apparent that the military has acted the coup by contradicting the constitution .Moreover, it was also apparent that the military conducted the coup, not handed over because according to their desire , after performing with arms in hands , the military summoned the National Defence and Security Council in accordance with the Chapter (11) the Section (412) B .
Besides , in this coup the falseness of votes which the military pointed out is concerned with the Union Election Commission , but not the government completely .
The duties of the Union Election Commission are definitely described in the section (399) Chapter (9) of the constitution .In this description , compiling lists of voters ; amending thereof as well as rules and regulations which are adopted for Elections of each Hluttaw to solve the electoral disputations are described definitely .
Who and How complain the electoral disputations of each Hluttaw ; How act upon them etc., includes as detail descriptions . Besides , it is also found that the resolutions and functions made by the Union Election Commission shall be final and conclusive in section (402) of constitution .
Hence , disputes relating to list of votes is not concerned with the government and Hluttaw at all , but only the Union Election Commission .
There is no enaction in constitution that the president has the responsibility to solve that disputations .Moreover if the disputation of election happen , the candidates , their representatives , the related voters can complain . But there is no legal enaction that the institution like the military can take to meddle . As a soldiers voter can act individually according to law.
However , it is prominent that the military’s coup was a make – up story because they tried to say that in accord with the provisions of the constitution by neglecting the constitution which was drafted by themselves .
It is assumed that they have to prepare to perform the coup in accordance with a make-up story .
In a press conference , basically on the constitution , a reporter had asked the adopted authority to act of the Union Election Commission on the process deal with the list of votes . The spokes person of them military retorted the question , pointing out such facts that the Union practices genuine , disciplined multi-party democratic system in Section (7) Chapter (1 ) Basic Principles of the Union ; enabling the Defence Services to be able to participate in the National Political Leadership role of the State in Section (6) sub – section (f) of the constitution .
Being neglected the fact “ The Sovereign of the Union is derived from the citizens and is in force in the entire country”. Adopted in Section (4) Chapter (1) Basic Principle of the Union the regard that the power of the state is under their supervision is clearly described .
If we learn the coup , the military has no wish to abolish the constitution . However , the Union Election Commission that was formed by the military after coup wanted to amend the election system because they demanded the paper concerned with the PR system .
In accordance with the current system of election , after they had experienced that the giant party won the amount of the votes which can form up the government , they knew that this situation led to diminish the importance of military in politics .
They worried about the political power of the military that it can be more reduced coming duration of the government than in previous occasion because National League for Democracy Party led by Daw Aung San Suu Kyi won a landslide victory in the whole country .
Thus assumed that the military had to take the coup by the inauthentic reason . Yet they did not want to amend the constitution .
Except for amending the election system from the constitution to over whelm the situation of Myanmar’s politics in coming election series , It is assumed that the military will continue to grasp the 2008 , constitution in which they get upperhand .
Finally , if the winner candidates including NLD , the representatives of the other parties , political parties and the arm forces or revolutionary elements of the ethnic groups cannot effort to repel against the military’s coup completely , in world’s political history , Myanmar will get into a record as a country in which democracy retreats for decades , overwhelmed by the military junta , happening civil war badly .Con