How Myanmar's military used a constitutional loophole to seize power from elected officials

History · Published 3 October 2026 Swipe more like this →

In short: On February 1, 2021, Myanmar’s military orchestrated a swift coup, detaining the country’s democratically elected leaders just as parliament was set to convene. By invoking specific constitutional articles, the military effectively dismantled the civilian government, triggering widespread civil disobedience and a long-standing armed resistance that continues to reshape the nation.

The 2021 coup was not an isolated event but the culmination of a long-standing power struggle. Since gaining independence in 1948, Myanmar has spent most of its history under military rule. Although a 2008 constitution was drafted to facilitate a transition to civilian governance, the military ensured its influence remained entrenched. The document guaranteed the military 25 percent of legislative seats and control over key ministries. Crucially, it included what observers called a 'coup clause'—provisions allowing the president to declare a state of emergency and transfer executive, legislative, and judicial power to the commander in chief.

Tensions escalated following the November 2020 general election, where the National League for Democracy (NLD), led by Aung San Suu Kyi, secured a decisive majority. The military-aligned Union Solidarity and Development Party (USDP) performed poorly, losing seats compared to the 2015 election. Senior General Min Aung Hlaing, who had delayed his retirement to maintain influence, saw his presidential ambitions thwarted by the NLD's victory. The military rejected the results, alleging widespread fraud, despite international and domestic monitors finding no evidence to support these claims.

On the morning of February 1, 2021, the military acted. President Win Myint and Aung San Suu Kyi were detained, and Myint Swe, a military-appointed vice president, was installed as acting president. He immediately invoked the constitutional articles to declare a one-year state of emergency, handing control to Senior General Min. The military justified the takeover by citing the unresolved electoral disputes and the government's refusal to delay the opening of parliament. This maneuver effectively nullified the 2020 election results, sparking a massive public backlash and a multi-sided civil war that has since resulted in tens of thousands of deaths and widespread arrests.

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