When the military ousted the elected NLD government on February 1, 2021, it justified the takeover using the 2008 Constitution itself. General Min Aung Hlaing claimed the November 2020 election (which the NLD won with over 80% of the vote) was fraudulent—a claim rejected by international observers and Myanmar’s own Union Election Commission.
The Myanmar Constitution of 2008 is the current constitution of Myanmar (also known as Burma). It was adopted on May 10, 2008, and entered into force on January 1, 2011. Here are some key features and controversies surrounding the constitution: myanmar constitution 2008
Yet the constitution came into force. It remains the governing document, suspended only in part by the military junta that seized power in 2021, which now rules by decree while claiming it is acting under Article 417 (emergency powers). When the military ousted the elected NLD government
The military declared a one-year state of emergency under , promising new elections. However, it then suspended key chapters of the constitution, arrested the elected president and state counsellor, and replaced the civilian government with the State Administration Council (SAC)—a body composed entirely of generals and their allies. It was adopted on May 10, 2008, and
A little-known but critical clause: prohibits anyone whose spouse or children owe allegiance to a foreign power from becoming president. This clause was transparently drafted to bar Aung San Suu Kyi (whose late husband and sons are British) from the presidency. The NLD won a landslide in 2015 but could not install her as president; instead, the party created the role of “State Counsellor” for her—a position the military later used as a legal pretext for her 2021 ouster.
Ethnic states—Chin, Kachin, Kayah, Kayin, Mon, Rakhine, Shan—exist on paper. However, the constitution is , not federal. Key powers (defense, foreign affairs, currency, natural resources, police) are reserved for the union government.
This 25% threshold is strategic: it is just enough to block any attempt to amend the constitution without military consent. Constitutional amendments generally require a vote of more than 75%, meaning the unelected military block can veto any changes to the charter.