Adopted in: ۱۹۹۷
Constitution of the Kingdom of Thailand
[Preamble]
May there be virtue. Today is the tenth day of the waxing moon in the eleventh
month of the year of the Ox under the lunar calendar٫ being Saturday٫ the
eleventh day of October under the solar calendar٫ in the ۲۵۴۰th year of the
Buddhist Era.
Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet
Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is
graciously pleased to proclaim that whereas Constitutions have been promulgated
as the principle of the democratic regime of government with the King as Head
of the State in Thailand for more than sixty-five years٫ and there had been
annulment and amendment to the Constitutions on several occasions٫ it is
manifest that the Constitution is changeable depending upon the situation in
the country. In addition٫ the Constitution must clearly lay down fundamental
rules as the principle of the administration of the State and the guideline for
the preparation of the organic laws and other laws in conformity therewith;
and whereas the Constitution of the Kingdom of Thailand٫ B.E. ۲۵۳۴ as amended
by the Constitution Amendment (No. ۶)٫ B.E. ۲۵۳۹ established the Constituent
Assembly٫ consisting of ninety- nine members elected by the National Assembly٫
charrrged with the duty to prepare a draft of a new Constitution as the
fundamental of political reform and His Majesty the King graciously granted an
audience to members of the Constituent Assembly for taking His Royal speeches
and receiving blessings in carrying out this task٫ and٫ thereafter٫ the
Constituent Assembly prepared the draft Constitution with the essential
substance lying in additionally promoting and protecting rights and liberties
of the people٫ providing for public participation in the governance and
inspecting the exercise of State power as well as improving a political
structure to achieve more efficiency and stability٫ havinggg particular regard
to public opinions and observing procedures provided in the Constitution of the
Kingdom of Thailand٫ B.E. ۲۵۳۴ as amended by the Constitution Amendment (No. ۶)
٫ B.E. ۲۵۳۹ (۱۹۹۶) in every respect;
havinggg carefully considered the Draft Constitution prepared by the
Constituent Assembly in the light of the situation of the country٫ the National
Assembly passed a resolution approving the presentation of the draft
Constitution to the King for His Royal signature to promulgate it as the
Constitution of the Kingdom of Thailand;
havinggg thoroughly examined the draft Constitution٫ the King deemed it
expedient to grant His Royal assent in accordance with the resolution of the
National Assembly;
Be it٫ therefore٫ commanded by the King that the Constitution of the Kingdom of
Thailand be promulgated to replace٫ as from the date of its promulgation٫ the
Constitution of the Kingdom of Thailand٫ B.E. ۲۵۳۴ promulgated on ۹th December
B.E. ۲۵۳۴.
May the Thai people unite in observing٫ protecting and upholding the
Constitution of the Kingdom of Thailand in order to maintain the democratic
regime of government and the sovereign power derived from the Thai people٫ and
to bring about happiness٫ prosperity٫ and dignity to His Majesty”s subjects
throughout the Kingdom according to the will of His
Majesty in every respect.
Chapter I General Provisions
Section ۱ []
Thailand is one and indivisible Kingdom.
Section ۲ []
Thailand adopts a democratic regime of government with the King as Head of the
State.
Section ۳ []
The sovereign power belongs to the Thai people. The King as Head of the State
shall exercise such power through the National Assembly٫ the Council of
Ministers and the Courts in accordance with the provisions of this
Constitution.
Section ۴ []
The human dignity٫ right and liberty of the people shall be protected.
Section ۵ []
The Thai people٫ irrespective of their origins٫ sexes or religions٫ shall enjoy
equal protection under this Constitution.
Section ۶ []
The Constitution is the supreme law of the State. The provisions of any law٫
rule or regulation٫ which are contrary to or inconsistent with this
Constitution٫ shall be unenforceable.
Section ۷ []
Whenever no provision under this Constitution is applicable to any case٫ it
shall be decided in accordance with the constitutional practice in the
democratic regime of government with the King as Head of the State.
Chapter II The King
Section ۸ []
The King shall be enthroned in a position of revered worship and shall not be
violated.
No person shall expose the King to any sort of accusation or action.
Section ۹ []
The King is a Buddhist and Upholder of religions.
Section ۱۰ []
The King holds the position of Head of the Thai Armed Forces.
Section ۱۱ []
The King has the prerogative to createee titles and confer decorations.
Section ۱۲ []
The King selecttts and appoints qualified persons to be the President of the
Privy Council and not more than eighteen Privy Councillors to constitute the
Privy Council.
The Privy Council has a duty to render such advice to the King on all matters
pertaining to His functions as He may consult٫ and has other duties as provided
in this Constitution.
Section ۱۳ []
The selectttion and appointment or the removal of a Privy Councillor shall
depend entirely upon the King”s pleasure.
The President of the National Assembly shall countersign the Royal Command
appointing or removing the President of the Privy Council.
The President of the Privy council shall countersign the Royal Command
appointing or removing other Privy Councillors.
Section ۱۴ []
A Privy Councillor shall not be a member of the House of Representatives٫
senator٫ Election Commissioner٫ Ombudsman٫ member of the National Human Rights
Commission٫ judge of the Constitutional Court٫ judge of an Administrative
Court٫ member of the National Counter Corruption Commission٫ member of the
State Audit Council٫ Government official holding a permanent position or
receiving a salary٫ official of a State enterprise٫ other State official or
holder of other position of member or official of a political party٫ and must
not manifest loyalty to any political party.
Section ۱۵ []
Before taking office٫ a Privy Councillor shall make a solemn declaration before
the King in the following words:
“I٫ (name of the declarer)٫ do solemnly declare that I will be loyal to His
Majesty the King and will faithfully perform my duties in the interests of the
country and of the people. I will also uphold and observe the Constitution of
the Kingdom of Thailand in every respect.”
Section ۱۶ []
A Privy Councillor vacates office upon death٫ resignation or removal by a Royal
Command.
Section ۱۷ []
The appointment and removal of officials of the Royal Household and of the
Royal Chief Aide-de-Camp shall depend entirely upon the King”s pleasure.
Section ۱۸ []
Whenever the King is absent from the Kingdom or unable to perform His functions
for any reason whatsoever٫ the King will appoint a person Regent٫ and the
President of the National Assembly shall countersign the Royal Command
therefor.
Section ۱۹ []
In the case where the King does not appoint a Regent under section ۱۸٫ or the
King is unable to appoint a Regent owing to His not being sui juris or any
other reason whatsoever٫ the Privy Council shall submit the name of a person
suitable to hold the office of Regent to the National Assembly for approval.
Upon approval by the National Assembly٫ the President of National Assembly
shall make an announcement٫ in the name of the King٫ to appoint such person as
Regent.
During the expiration the term of the House of Representatives or the
dissolution thereof٫ the Senate shall act as the National Assembly in giving an
approval under paragraph one.
Section ۲۰ []
While there is no Regent under section ۱۸ or section ۱۹٫ the President of the
Privy Council shall be Regent pro tempore. In the case where the Regent
appointed under section ۱۸ or section ۱۹ is unable to perform his or her
duties٫ the President of the Privy Council shall act as Regent pro tempore.
While being Regent under paragraph one or acting as Regent under paragraph two٫
the President of the Privy Council shall not perform his or her duties as
President of the Privy Council. In such case٫ the Privy Council shall selecttt
a Privy Councillor to act as President of the Privy Council pro tempore.
Section ۲۱ []
Before taking office٫ the Regent appointed under section ۱۸ or section ۱۹ shall
make a solemn declaration before the National Assembly in the following words:
“I٫ (name of the declarer)٫ do solemnly declare that I will be loyal to His
Majesty the King (name of the King) and will faithfully perform my duties in
the interests of the country and of the people. I will also uphold and observe
the Constitution of the Kingdom of Thailand in every respect.”
During the expiration of the term of the House of Representatives or the
dissolution thereof٫ the Senate shall act as the National Assembly under this
section.
Section ۲۲ []
Subject to section ۲۳٫ the succession to the Throne shall be in accordance with
the Palace Law on Succession٫ B.E. ۲۴۶۷.
The Amendment of the Palace Law on Succession٫ B.E. ۲۴۶۷ shall be the
prerogative of the King. At the initiative of the King٫ the Privy Council shall
draft the Palace Law Amendment and shall present it to the King for his
consideration. When the King has already approved the draft Palace Law
Amendment and put His signature thereon٫ the President of the Privy Council
shall notify the President of the National Assembly for informing the National
Assembly. The President of the National Assembly shall countersign the Royal
Command٫ and the Palace Law Amendment shall have the force of law upon its
publication in the Government Gazette.
During the expiration of the term of the House of Representatives or the
dissolution thereof٫ the Senate shall act as the National Assembly in
acknowledging the matter under paragraph two.
Section ۲۳ []
In the case where the Throne becomes vacant and the King has already appointed
His Heir to the Throne under the Palace Law on Succession٫ B.E. ۲۴۶۷٫ the
Council of Ministers shall notify the President of the National Assembly. The
President of the National Assembly shall convoke the National Assembly for the
acknowledgement thereof٫ and the President of the National Assembly shall
invite such Heir to ascend the Throne and proclaim such Heir King.
In the case where the Throne becomes vacant and the King has not appointed His
Heir under paragraph one٫ the Privy Council shall submit the name of the
Successor to the Throne under section ۲۲ to the Council of Ministers for
further submission to the National Assembly for approval. For this purpose٫ the
name of a Princess may be submitted. Upon the approval of the National
Assembly٫ the President of the National Assembly shall invite such Successor to
ascend the Throne and proclaim such Successor King.
During the expiration of the term of the House of Representatives or the
dissolution thereof٫ the Senate shall act as the National Assembly in
acknowledging the matter under paragraph one or in giving an approval under
paragraph two.
Section ۲۴ []
Pending the proclamation of the name of the Heir or the Successor to the Throne
under section ۲۳٫ the President of the Privy Council shall be Regent pro
tempore. In the case where the Throne becomes vacant while the Regent has been
appointed under section ۱۸ or section ۱۹ or while the President of the Privy
Council is acting as Regent under section ۲۰ paragraph one٫ such Regent٫ as the
case may be٫ shall continue to be the Regent until the proclamation of the name
of the Heir or the Successor to ascend the Throne as King. In the case where
the Regent who has been appointed and continues to be the Regent under
paragraph one is unable to perform his or her duties٫ the President of the
Privy council shall act as Regent pro tempore. In the case where the President
of the Privy Council is the Regent under paragraph one or acts as Regent pro
tempore under paragraph two٫ the provisions of section ۲۰ paragraph three shall
apply.
Section ۲۵ []
In the case where the Privy Council will have to perform its duties under
section ۱۹ or section ۲۳ paragraph two٫ or the President of the Privy Council
will have to perform his or her duties under section ۲۰ paragraph one or
paragraph two or
section ۲۴ paragraph two٫ and during that time there is no President of the
Privy Council or the President of the Privy Council is unable to perform his or
her duties٫ the remaining Privy Councillors shall elect one among themselves to
act as President of the Privy Council or to perform the duties under section ۲۰
paragraph one or paragraph two or section ۲۴ paragraph three٫ as the case may
be.
Chapter III Rights and Liberties of the Thai People
Section ۲۶ []
In exercising powers of all State authorities٫ regard shall be had to human
dignity٫ rights and liberties in accordance with the provisions of this
Constitution.
Section ۲۷ []
Rights and liberties recognised by this Constitution expressly٫ by implication
or by decisions of the Constitutional Court shall be protected and directly
binding on the National Assembly٫ the Council of Ministers٫ Courts and other
State organs in enacting٫ applying and interpreting laws.
Section ۲۸ []
A person can invoke human dignity or exercise his or her rights and liberties
in so far as it is not in violation of rights and liberties of other persons or
contrary to this Constitution or good morals.
A person whose rights and liberties recognised by this Constitution are
violated can invoke the provisions of this Constitution to bring a lawsuit or
to defend himself or herself in the court.
Section ۲۹ []
The restriction of such rights and liberties as recognised by the Constitution
shall not be imposed on a person except by virtue of provisions of the law
specifically enacted for the purpose determined by this Constitution and only
to the extent of necessity and provided that it shall not affect the essential
substances of such rights and liberties.
The law under paragraph one shall be of general application and shall not be
intended to apply to any particular case or person; provided that the
provision of the Constitution authorising its enactment shall also be mentioned
therein. The provisions of paragraph one and paragraph two shall apply mutatis
mutandis to rules or regulations issued by virtue of the provisions of the law.
Section ۳۰ []
All persons are equal before the law and shall enjoy equal protection under the
law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of the difference in
origin٫ race٫ language٫ sex٫ age٫ physical or health condition٫ personal
status٫ economic or social standing٫ religious belief٫ education or
constitutionally political view٫ shall not be permitted.
Measures determined by the State in order to eliminate obstacle to or to
promote persons” ability to exercise their rights and liberties as other
persons shall not be deemed as unjust discrimination under paragraph three.
Section ۳۱ []
A person shall enjoy the right and liberty in his or her life and person.
A torture٫ brutal act٫ or punishment by a cruel or inhumane means shall not be
permitted; provided٫ however٫ that punishment by death penalty as provided
by law shall not be deemed the punishment by a cruel or inhumane means under
this paragraph.
No arrest٫ detention or search of person or act affecting the
right and liberty under paragraph one shall not be made except by virtue of the
law.
Section ۳۲ []
No person shall be inflicted with a criminal punishment unless he or she has
committed an act which the law in force at the time of commission provides to
be an offence and imposes a punishment therefor٫ and the punishment to be
inflicted on such person shall not be heavier than that provided by the law in
force at the time of the commission of the offence.
Section ۳۳ []
The suspect or the accused in a criminal case shall be presumed innocent.
Before the passing of a final judgement convicting a person of havinggg
committed an offence٫ such person shall not be treated as a convict.
Section ۳۴ []
A person”s family rights٫ dignity٫ reputation or the right of privacy shall
be protected.
The assertion or circulation of a statement or picture in any manner whatsoever
to the public٫ which violates or affects a person”s family rights٫ dignity٫
reputation or the right of privacy٫ shall not be made except for the case which
is beneficial to the public.
Section ۳۵ []
A person shall enjoy the liberty of dwelling.
A person is protected for his or her peaceful habitation in and for possession
of his or her dwelling place. The entry into a dwelling place without consent
of its possessor or the search thereof shall not be made except by virtue of
the law.
Section ۳۶ []
A person shall enjoy the liberty of travelling and the liberty of making the
choice of his or her residence within the Kingdom.
The restriction on such liberties under paragraph one shall not be imposed
except by virtue of the law specifically enacted for maintaining the security
of the State٫ public order٫ public welfare٫ town and country planing or welfare
of the youth.
No person of Thai nationality shall be deported or prohibited from entering the
Kingdom.
Section ۳۷ []
A person shall enjoy the liberty of communication by lawful means.
The censorship٫ detention or disclosure of communication between persons
including any other act disclosing a statement in the communication between
persons shall not be made except by virtue of the provisions of the law
specifically enacted for security of the State or maintaining public order or
good morals.
Section ۳۸ []
A person shall enjoy full liberty to profess a religion٫ a religious sect or
creed٫ and observe religious precepts or exercise a form of worship in
accordance with his or her belief; provided that it is not contrary to his
or her civic duties٫ public order or good morals.
In exercising the liberty referred to in paragraph one٫ a person is protected
from any act of the State٫ which is derogatory to his or her rights or
detrimental to his or her due benefits on the grounds of professing a religion٫
a religious sect or creed or observing religious precepts or exercising a form
of worship in accordance with his or her different belief from that of others.
Section ۳۹ []
A person shall enjoy the liberty to express his or her opinion٫ make speeches٫
write٫ print٫ publicise٫ and make expression by
other means.
The restriction on liberty under paragraph one shall not be imposed except by
virtue of the provisions of the law specifically enacted for the purpose of
maintaining the security of the State٫ safeguarding the rights٫ liberties٫
dignity٫ reputation٫ family or privacy rights of other person٫ maintaining
public order or good morals or preventing the deterioration of the mind or
health of the public.
The closure of a pressing house or a radio or television station in deprivation
of the liberty under this section shall not be made.
The censorship by a competent official of news or articles before their
publication in a newspaper٫ printed matter or radio or television broadcasting
shall not be made except during the time when the country is in a state of war
or armed conflict; provided that it must be made by virtue of the law
enacted under the provisions of paragraph two.
The owner of a newspaper or other mass media business shall be a Thai national
as provided by law.
No grant of money or other properties shall be made by the State as subsidies
to private newspapers or other mass media.
Section ۴۰ []
Transmission frequencies for radio or television broadcasting and radio
telecommunication are national communication resources for public interest.
There shall be an independent regulatory body havinggg the duty to distribute
the frequencies under paragraph one and supervise radio or television
broadcasting and telecommunication businesses as provided by law.
In carrying out the act under paragraph two٫ regard shall be had to utmost
public benefit at national and local levels in education٫ culture٫ State
security٫ and other public interests including fair and free competition.
Section ۴۱ []
Officials or employees in a private sector undertaking newspaper or radio or
television broadcasting businesses shall enjoy their liberties to present news
and express their opinions under the constitutional restrictions without the
mandate of any State agency٫ State enterprise or the owner of such businesses;
provided that it is not contrary to their professional ethics.
Government officials٫ officials or employees of a State agency or State
enterprise engaging in the radio or television broadcasting business enjoy the
same liberties as those enjoyed by officials or employees under paragraph one.
Section ۴۲ []
A person shall enjoy an academic freedom.
Education٫ training٫ learning٫ teaching٫ researching and disseminating such
research according to academic principles shall be protected; provided that
it is not contrary to his or her civic duties or good morals.
Section ۴۳ []
A person shall enjoy an equal right to receive the fundamental education for
the duration of not less than twelve years which shall be provided by the State
thoroughly٫ up to the quality٫ and without charrrge.
In providing education by the State٫ regard shall be had to participation of
local government organisations and the private sector as provided by law.
The provision of education by professional organisations and the private sector
under the supervision of the State shall be protected as provided by law.
Section ۴۴ []
A person shall enjoy the liberty to assemble peacefully and without arms.
The restriction on such liberty under paragraph one shall not be
imposed except by virtue of the law specifically enacted for the case of public
assembling and for securing public convenience in the use of public places or
for maintaining public order during the time when the country is in a state of
war٫ or when a state of emergency or martial law is declared.
Section ۴۵ []
A person shall enjoy the liberty to unite and form an association٫ a unionnn٫
league٫ co-operative٫ farmer group٫ private organisation or any other group.
The restriction on such liberty under paragraph one shall not be imposed except
by virtue of the law specifically enacted for protecting the common interest of
the public٫ maintaining public order or good morals or preventing economic
monopoly.
Section ۴۶ []
Persons so assembling as to be a traditional community shall have the right to
conserve or restore their customs٫ local knowledge٫ arts or good culture of
their community and of the nation and participate in the management٫
maintenance٫ preservation and exploitation of natural resources and the
environment in a balanced fashion and persistently as provided by law.
Section ۴۷ []
A person shall enjoy the liberty to unite and form a political party for the
purpose of making political will of the people and carrying out political
activities in fulfilment of such will through the democratic regime of
government with the King as Head of the State as provided in this Constitution.
The internal organisation٫ management and regulations of a political party
shall be consistent with fundamental principles of the democratic regime of
government with the King as Head of the State.
Members of the House of Representatives who are members of a political party٫
members of the execccutive Committee of a political party٫ or members of a
political party٫ of not less than the number prescribed by the organic law on
political parties shall٫ if of the opinion that their political party”s
resolution or regulation on any matter is contrary to the status and
performance of duties of a member of the House of Representatives under this
Constitution or contrary to or inconsistent with fundamental principles of the
democratic regime of government with the King as Head of the State٫ have the
right to refer it to the Constitutional Court for decision thereon.
In the case where the Constitutional Court decides that such resolution or
regulation is contrary to or inconsistent with fundamental principles of the
democratic regime of government with the King as Head of the State٫ such
resolution or regulation shall lapse.
Section ۴۸ []
The property right of a person is protected. The extent and the restriction of
such right shall be in accordance with the provisions of the law.
The succession is protected. The right of succession of a person shall be in
accordance with the provisions of the law.
Section ۴۹ []
The expropriation of immovable property shall not be made except by virtue of
the law specifically enacted for the purpose of public utilities٫ necessary
national defence٫ exploitation of national resources٫ town and country
planning٫ promotion and preservation of the quality of the environment٫
agricultural or industrial development٫ land reform٫ or other public interests٫
and fair compensation shall be paid in due time to the owner thereof as well as
to all persons havinggg the rights thereto٫ who suffer loss by such
expropriation٫ as provided by law.
The amount of compensation under paragraph one shall be
fairly assessed with due regard to the normal purchase price٫ mode of
acquisition٫ nature and situation of the immovable property٫ and loss of the
person whose property or right thereto is expropriated.
The law on expropriation of immovable property shall specify the purpose of the
expropriation and shall clearly determine the period of time to fulfil that
purpose. If the immovable property is not used to fulfil such purpose within
such period of time٫ it shall be returned to the original owner or his or her
heir.
The return of immovable property to the original owner or his or her heir under
paragraph three and the claim of compensation paid shall be in accordance with
the provisions of the law.
Section ۵۰ []
A person shall enjoy the liberties to engage in an enterprise or an occupation
and to undertake a fair and free competition.
The restriction on such liberties under paragraph one shall not be imposed
except by virtue of the law specifically enacted for maintaining the security
and safety of the State or economy of the country٫ protecting the public in
regard to public utilities٫ maintaining public order and good morals٫
regulating the engagement in an occupation٫ consumer protection٫ town and
country planning٫ preserving natural resources or the environment٫ public
welfare٫ preventing monopoly٫ or eliminating unfair competition.
Section ۵۱ []
Forced labour shall not be imposed except by virtue of the law specifically
enacted for the purpose of averting imminent public calamity or by virtue of
the law which provides for its imposition during the time when the country is
in a state of war or armed conflict٫ or when a state of emergency or martial
law is declared.
Section ۵۲ []
A person shall enjoy an equal right to receive standard public health service٫
and the indigent shall have the right to receive free medical treatment from
public health centres of the State٫ as provided by law.
The public health service by the State shall be provided thoroughly and
efficiently and٫ for this purpose٫ participation by local government
organisations and the private sector shall also be promoted insofar as it is
possible.
The State shall prevent and eradicate harmful contagious diseases for the
public without charrrge٫ as provided by law.
Section ۵۳ []
Children٫ youth and family members shall have the right to be protected by the
State against violence and unfair treatment.
Children and youth with no guardian shall have the right to receive care and
education from the State٫ as provided by law.
Section ۵۴ []
A person who is over sixty years of age and has insufficient income shall have
the right to receive aids from the State٫ as provided by law.
Section ۵۵ []
The disabled or handicapped shall have the right to receive public conveniences
and other aids from the State٫ as provided by law.
Section ۵۶ []
The right of a person to give to the State and communities participation in the
preservation and exploitation of natural resources and biological diversity and
in the protection٫ promotion and preservation of the quality of the environment
for usual and consistent survival in the environment which is not hazardous to
his or her health and sanitary c ondition٫
welfare or quality of life٫ shall be protected٫ as provided by law.
Any project or activity which may seriously affect the quality of the
environment shall not be permitted٫ unless its impacts on the quality of the
environment have been studied and evaluated and opinions of an independent
organisation٫ consisting of representatives from private environmental
organisations and from higher education institutions providing studies in the
environmental field٫ have been obtained prior to the operation of such project
or activity٫ as provided by law.
The right of a person to sue a State agency٫ State enterprise٫ local government
organisation or other State authority to perform the duties as provided by law
under paragraph one and paragraph two shall be protected.
Section ۵۷ []
The right of a person as a consumer shall be protected as provided by law.
The law under paragraph one shall provide for an independent organisation
consisting of representatives of consumers for giving opinions on the enactment
and issuance of law٫ rules and regulations and on the determination of various
measures for consumer protection.
Section ۵۸ []
A person shall have the right to get access to public information in possession
of a State agency٫ State enterprise or local government organisation٫ unless
the disclosure of such information shall affect the security of the State٫
public safety or interests of other persons which shall be protected as
provided by law.
Section ۵۹ []
A person shall have the right to receive information٫ explanation and reason
from a State agency٫ State enterprise or local government organisation before
permission is given for the operation of any project or activity which may
affect the quality of the environment٫ health and sanitary conditions٫ the
quality of life or any other material interest concerning him or her or a local
community and shall have the right to express his or her opinions on such
matters in accordance with the public hearing procedure٫ as provided by law.
Section ۶۰ []
A person shall have the right to participate in the decision-making process of
State officials in the performance of administrative functions which affect or
may affect his or her rights and liberties٫ as provided by law.
Section ۶۱ []
A person shall have the right to present a petition and to be informed of the
result of its consideration within the appropriate time٫ as provided by law.
Section ۶۲ []
The right of a person to sue a State agency٫ State enterprise٫ local government
organisation or other State authority which is a juristic person to be liable
for an act or omission done by its Government official٫ official or employee
shall be protected٫ as provided by law.
Section ۶۳ []
No person shall exercise the rights and liberties prescribed in the
Constitution to overthrow the democratic regime of government with the King as
Head of the State under this Constitution or to acquire the power to rule the
country by any means which is not in accordance with the modes provided in this
Constitution.
In the case where a person or a political party has committed the act under
paragraph one٫ the person knowing of such act
shall have the right to request the Prosecutor General to investigate its facts
and submit a motion to the Constitutional Court for ordering cessation of such
act without٫ however٫ prejudice to the institution of a criminal action against
such person.
In the case where the Constitutional Court makes a decision compelling the
political party to cease to commit the act under paragraph two٫ the
Constitutional Court may order the dissolution of such political party.
Section ۶۴ []
Members of the armed forces or the police force٫ Government officials٫
officials or employees of State agencies٫ State enterprises or local government
organisations shall enjoy the same rights and liberties under the Constitution
as those enjoyed by other persons٫ unless such enjoyment is restricted by law٫
by-law or regulation issued by virtue of the law specifically enacted in regard
to politics٫ efficiency٫ disciplines or ethics.
Section ۶۵ []
A person shall have the right to resist peacefully any act committed for the
acquisition of the power to rule the country by a means which is not in
accordance with the modes provided in this Constitution.
Chapter IV Duties of the Thai People
Section ۶۶ []
Every person shall have a duty to uphold the Nation٫ religions٫ the King and
the democratic regime of government with the King as Head of the State under
this Constitution.
Section ۶۷ []
Every person shall have a duty to obey the law.
Section ۶۸ []
Every person shall have a duty to exercise his or her right to vote at an
election.
The person who fails to attend an election for voting without notifying the
appropriate cause of such failure shall lose his or her right to vote as
provided by law.
The notification of the cause of failure to attend an election and the
provision of facilities for attendance thereat shall be in accordance with the
provisions of the law.
Section ۶۹ []
Every person shall have a duty to defend the country٫ serve in armed forces٫
pay taxes and duties٫ render assistance to the official service٫ receive
education and training٫ protect and pass on to conserve and the national arts
and culture and local knowledge and conserve natural resources and the
environment٫ as provided by law.
Section ۷۰ []
A Government official٫ official or employee of a State agency٫ State enterprise
or local government organisation and other State official shall have a duty to
act in compliance with the law in order to protect public interests٫ and
provide convenience and services to the public.
In performing the duty and other acts relating to the public٫ the persons under
paragraph one shall be politically impartial.
In the case where the persons under paragraph one neglect or fail to perform
the duties under paragraph one or paragraph two٫ the interested person shall
have the right to request the persons under paragraph one or their superiors to
explain reasons and request them to act in compliance with the provisions of
paragraph one or paragraph two.
Chapter V Directive Principles of Fundamental State Policies
Section ۷۱ []
The State shall protect and uphold the institution of kingship and the
independence and integrity of its territories.
Section ۷۲ []
The State shall arrange for the maintenance of the armed forces for the
protection and upholding of its independence٫ security of the State٫
institution of kingship٫ national interests and the democratic regime of
government with the King as Head of the State٫ and for national development.
Section ۷۳ []
The State shall patronise and protect Buddhism and other religions٫ promote
good understanding and harmony among followers of all religions as well as
encourage the application of religious principles to createee virtue and
develop the quality of life.
Section ۷۴ []
The State shall promote friendly relations with other countries and adopt the
principle of non-discrimination.
Section ۷۵ []
The State shall ensure the compliance with the law٫ protect the rights and
liberties of a person٫ provide efficient administration of justice and serve
justice to the people expediently and equally and organise an efficient system
of public administration and other State affairs to meet people”s demand.
The State shall allocate adequate budgets for the independent administration of
the Election Commission٫ the Ombudsmen٫ the National Human Rights Commission٫
the Constitutional Court٫ the Courts of Justice٫ the Administrative Courts٫ the
National Counter Corruption Commission and the State Audit Commission.
readiness
Section ۷۶ []
The State shall promote and encourage public participation in laying down
policies٫ making decision on political issues٫ preparing economic٫ social and
political development plans٫ and inspecting the exercise of State power at all
levels.
Section ۷۷ []
The State shall prepare a political development plan٫ moral and ethical
standard of holders of political positions٫ Government officials٫ officials and
other employees of the State in order to prevent corruption and createee
efficiency of the performance of duties.
Section ۷۸ []
The State shall decentralise powers to localities for the purpose of
independence and self-determination of local affairs٫ develop local economics٫
public utilities and facilities systems and information infrastructure in the
locality thoroughly and equally throughout the country as well as develop into
a large-sized local government organisation a province ready for such purpose٫
havinggg regard to the will of the people in that province.
Section ۷۹ []
The State shall promote and encourage public participation in the preservation٫
maintenance and balanced exploitation of natural resources and biological
diversity and in the promotion٫ maintenance and protection of the quality of
the environment in accordance with the persistent development principle as well
as the control and elimination of pollution affecting public health٫ sanitary
conditions٫ welfare and quality of life.
Section ۸۰ []
The State shall protect and develop children and the youth٫ promote the
equality between women and men٫ and createee٫
reinforce and develop family integrity and the strength of communities.
The State shall provide aids to the elderly٫ the indigent٫ the disabled or
handicapped and the underprivileged for their good quality of life and ability
to depend on themselves.
Section ۸۱ []
The State shall provide and promote the private sector to provide education to
achieve knowledge alongside morality٫ provide law relating to national
education٫ improve education in harmony with economic and social change٫
createee and strengthen knowledge and instil right awareness with regard to
politics and a democratic regime of government with the King as Head of the
State٫ support researches in various sciences٫ accelerate the development of
science and technology for national development٫ develop the teaching
profession٫ and promote local knowledge and national arts and culture.
Section ۸۲ []
The State shall thoroughly provide and promote standard and efficient public
health service.
Section ۸۳ []
The State shall implement fair distribution of incomes.
Section ۸۴ []
The State shall organise the appropriate system of the holding and use of land٫
provide sufficient water resources for farmers and protect the interests of
farmers in the production and marketing of agricultural products to achieve
maximum benefits٫ and promote the assembling of farmers with a view to laying
down agricultural plans and protecting their mutual interests.
Section ۸۵ []
The State shall promote٫ encourage and protect the co-operatives system.
Section ۸۶ []
The State shall promote people of working age to obtain employment٫ protect
labour٫ especially child and woman labour٫ and provide for the system of labour
relations٫ social security and fair wages.
Section ۸۷ []
The State shall encourage a free economic system through market force٫ ensure
and supervise fair competition٫ protect consumers٫ and prevent direct and
indirect monopolies٫ repeal and refrain from enacting laws and regulations
controlling businesses which do not correspond with the economic necessity٫ and
shall not engage in an enterprise in competition with the private sector unless
it is necessary for the purpose of maintaining the security of the State٫
preserving the common interest٫ or providing public utilities.
Section ۸۸ []
The provisions of this Chapter are intended to serve as directive principles
for legislating and determining policies for the administration of the State
affairs.
In stating its policies to the National Assembly under section ۲۱۱٫ the Council
of Ministers which will assume the administration of the State affairs shall
clearly state to the National Assembly the activities intended to be carried
out for the administration of the State affairs in implementation of the
directive principles of fundamental State policies provided in this Chapter and
shall prepare and submit to the National Assembly an annual report on the
result of the implementation٫ including problems and obstacles encountered.
Section ۸۹ []
For the purpose of the implementation of this Chapter٫ the State shall
establish the National Economic and Social Council to be charrrged with the
duty to give advice and recommendations to the Council of Ministers on economic
and social problems.
A national economic and social development plan and other plans as provided by
law shall obtain opinions of the National Economic and Social Council before
they can be adopted and published.
The composition٫ source٫ powers and duties and the operation of the National
Economic and Social Council shall be in accordance with the provision of law.
Chapter VI The National Assembly
Part ۱ General Provisions
Section ۹۰ []
The National Assembly consists of the House of Representatives and the Senate.
Joint or separate sittings of the National Assembly shall be in accordance with
the provisions of this Constitution.
Section ۹۱ []
The President of the House of Representatives is President of the National
Assembly. The President of the Senate is Vice- President of the National
Assembly.
In the case where there is no President of the House of Representatives٫ or the
President of the House of Representatives is not present or is unable to
perform his or her duties٫ the President of the Senate shall act as President
of the National Assembly in his or her place.
The President of the National Assembly shall have the powers and duties as
provided in this Constitution and shall conduct the proceedings of the National
Assembly at joint sittings in accordance with the rules of procedure.
The President of the National Assembly and the person who acts as President of
the National Assembly in his or her place shall be impartial in the performance
of duties.
The Vice-President of the National Assembly shall have the powers and duties as
provided in this Constitution and as entrusted by the President of the National
Assembly.
Section ۹۲ []
A bill or an organic law bill may be enacted as law only by and with the advice
and consent of the National Assembly.
Section ۹۳ []
After a bill or an organic law bill has already been approved by the National
Assembly٫ the Prime Minister shall present it to the King for signature within
twenty days as from the date of the receipt of such bill from the National
Assembly٫ and it shall come into force upon its publication in the Government
Gazette.
Section ۹۴ []
If the King refuses His assent to a bill or an organic law bill and either
returns it to the National Assembly or does not return it within ninety days٫
the National Assembly must re-deliberate such bill. If the National Assembly
resolves to reaffirm the bill with the votes of not less than two-thirds of the
total number of existing members of both Houses٫ the Prime Minister shall
present such bill to the King for signature once again. If the King does not
sign and return the bill within thirty days٫ the Prime Minister shall cause the
bill to be promulgated as an Act in the Government Gazette as if the King had
signed it.
Section ۹۵ []
No person shall be a member of the House Representatives or a senator
simultaneously.
Section ۹۶ []
Members of the House of Representatives or senators of not less than one-tenth
of the total number of the existing members of each House have the right to
lodge with the President of the House of which they are members a complaint
asserting that the membership of any member of such House has terminated under
section ۱۱۸ (۳)٫ (۴)٫ (۵)٫ (۶)٫ (۷)٫ (۸)٫ (۹)٫ (۱۱)٫ or (۱۲) or section ۱۳۳ (۳)
٫ (۴)٫ (۵)٫ (۶)٫ (۷)٫ (۹)٫ or (۱۰)٫ as the case may be٫ and the President of
the House with whom the complaint is lodged shall refer it to the
Constitutional Court for decision as to whether the membership of such person
has terminated.
When the Constitutional Court has made a decision٫ it shall notify the
President of the House with which the complaint is lodged under paragraph one
of such decision.
Section ۹۷ []
The vacation of the office of a member of the House of Representatives or a
senator after the day on which his or her membership terminates or the day on
which the Constitutional Court decides that the membership of any member
terminates does not affect any act done by such member in the capacity as
member including the receipt of emolument or other remuneration by such member
before he or she vacates office or the President of the House of which such
person is a member has been notified of the decision of the Constitutional
Court٫ as the case may be٫ except that in the case of vacation of office on the
ground of his or her being elected in violation of the organic law on the
election of members of the House of Representatives and senators٫ emolument and
other remuneration received from being in office shall be returned.
Part ۲ The House of Representatives
Section ۹۸ []
The House of Representatives consists of five hundred members٫ one hundred of
whom are from the election on a party-list basis under section ۹۹ and four
hundred of whom are from the election on a constituency basis under section
۱۰۲.
In the case where the office of a member of the House of Representatives
becomes vacant for any reason and an election of a member of the House of
Representatives has not been held to fill the vacancy٫ the House of
Representatives shall consist of the existing members of the House.
Section ۹۹ []
In an election of members of the House of Representatives on a party-list
basis٫ a voter shall have the right to cast ballot from the lists of candidates
prepared by political parties; provided that only one party-list may be
voted for and the territory of Thailand shall be regarded as the whole
constituency.
The party-lists of candidates in the election under paragraph one shall be
prepared by political parties. Each party shall prepare one list which shall
contain not more than one hundred persons and be submitted to the Election
Commission before the date an application for candidacy in an election on the
constituency basis commences.
Names of persons in the party-list under paragraph one shall:
۱) consist of the names of candidates from equitably various regions;
۲) not be repeated by the names in the lists prepared by other political
parties and names of candidates in the election on the constituency basis under
section ۱۰۲ and;
۳) be placed in numerical order.
Section ۱۰۰ []
The list of any political party receiving votes of less than five percent of
the total number of votes throughout the country shall be regarded as one for
which no person listed therein is elected and such votes shall not be reckoned
in the determination of the proportional number of the members of the
House of Representatives under paragraph two.
The determination of the proportion of votes received by the party- list of
each political party according to which the persons whose names are listed
therein shall be regarded as being elected in that proportion shall be in
accordance with rules٫ procedure and conditions provided by the organic law on
the election of members of the House of Representatives and senators.
It shall be deemed that the candidates whose names are in the list of each
political party are elected in respective order of the allocated numbers in the
list in accordance with such proportional number of the members of the House of
Representatives as determined for that list.
Section ۱۰۱ []
Subject to section ۱۱۹(۱)٫ in the case where there occurs٫ during the term of
the House of Representatives٫ any cause resulting in the members elected from
the election on a party-list basis being less than one hundred in number٫ such
members shall consist of the existing members.
Section ۱۰۲ []
In the election of members of the House of Representatives on a constituency
basis٫ the person havinggg the right to vote shall cast ballot for one
candidate in each constituency.
The determination of the ratio of the number of inhabitants to one member shall
be made by reference to the division of such number of inhabitants throughout
the country as evidenced in the census announced in the year preceding the year
of election by the number of four hundred members of the House of
Representatives.
The number of members of the House of Representatives of each Changwat
[electoral district] shall be determined by the division of the number of
inhabitants in that Changwat [electoral district] by such number of inhabitants
per one member as determined under paragraph two. Any Changwat [electoral
district] with inhabitants below the number of inhabitants per one member under
paragraph two shall have one member of the House of Representative. Any
Changwat [electoral district] with more inhabitants than the number of
inhabitants per one member shall have an additional member of the House of
Representatives for every such number of inhabitants as representing the number
of inhabitants per one member.
Upon the number of members of the House of Representatives of each Changwat
[electoral district] being obtained under paragraph three٫ if the number of
members of the House of Representatives is still less than four hundred٫ any
Changwat [electoral district] with the largest fraction remaining from the
determination under paragraph three shall have an additional member of the
House of Representatives and the addition of the members of the House of
Representatives in accordance with such procedure shall be made to Changwat
[electoral district]s in respective order of fractions remaining from the
determination under paragraph three until the number of four hundred is
obtained.
Section ۱۰۳ []
In a Changwat [electoral district] where the number of members of the House of
Representatives to be elected is not more than one٫ the area of that Changwat
[electoral district] shall be regarded as the constituency and in a Changwat
[electoral district] where the number of members of the House of
Representatives is more than one٫ such Changwat [electoral district] shall be
divided into constituencies in the number equal to such number of members of
the House of Representatives as may be elected therein and٫ for this purpose٫
each constituency shall have one member of the House of Representatives.
In a Changwat [electoral district] which is divided into more constituencies
than one٫ the boundary of each constituency shall
be adjoining and the number of inhabitants in each constituency must be closely
apportioned.
Section ۱۰۴ []
In a general election٫ a voter shall have the right to cast ballot for only one
list of candidates prepared by the political party and٫ in an election on a
constituency basis٫ for one candidate in that constituency.
In an election of a member of the House of Representatives to replace the
member of the House of Representatives elected on a constituency basis whose
office becomes vacant under section ۱۱۹(۲)٫ a voter shall have the right to
cast ballot for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In each constituency٫ the counting of votes from every polling station
altogether shall be conducted and the result of the vote-counting shall be a
nnounced publicly at any single place in that constituency as designated by the
Election Commission٫ except that in the case where necessity arises in a
particular locality٫ the Election Commission may provide otherwise in
accordance with the organic law on the election of members of the House of
Representatives and senators. The provisions of paragraph four shall apply
mutatis mutandis to the counting and announcement of votes received by each
party-list in each constituency under section ۱۰۳.
Section ۱۰۵ []
A person havinggg the following qualifications has the right to vote at an
election:
۱) being of Thai nationality; provided that a person who has acquired Thai
nationality by naturalisation must hold the Thai nationality for not less than
five years;
۲) being not less than eighteen years of age on ۱st January of the year of the
election; and
۳) havinggg his or her name appear on the house register in the constituency
for not less than ninety days up to the date of the election.
A voter who has a residence outside the constituency under section ۱۰۳ within
which his or her name appear in the house register٫ or who has his or her name
appear in the house register in the constituency for the period of less than
ninety days up to the date of the election٫ or who has a residence outside the
Kingdom of Thailand shall have the right to cast ballot in an election in
accordance with rules٫ procedure and conditions provided by the organic law on
the election of members of the House of Representatives and senators.
Section ۱۰۶ []
A person under any of the following prohibitions on the election day is
disfranchised:
۱) being of unsound mind or of mental infirmity;
۲) being a Buddhist priest٫ novice٫ monk or clergy;
۳) being detained by a warrant of the Court or by a lawful order;
۴) being under suspension of the right to vote.
Section ۱۰۷ []
A person havinggg the following qualifications has the right to be a candidate
in an election of members of the House of Representatives:
۱) being of Thai nationality by birth;
۲) being not less than twenty five years of age on the election day;
۳) havinggg graduated with not lower than a Bachelor”s degree or its
equivalent except for the case of havinggg been a member of the House of
Representatives or a senator before;
۴) being a member of any and only one political party٫ for a consecutive period
of not less than ninety days٫ up to the date of applying for candidacy in an
election;
۵) a candidate in an election on a constituency basis shall also
possess any of the following qualifications:
a) havinggg his or her name appear in the house register in Changwat
[electoral district] where he or she stands for election for a consecutive
period of not less than one year up to the date of applying for candidacy;
b) havinggg been a member of the House of Representatives in Changwat
[electoral district] where he or she stands for election٫ a member of a local
assembly or a local administrator of such Changwat [electoral district] before;
c) being born in Changwat [electoral district] where he or she stands for
election;
d) havinggg studied in an education institution situated in Changwat
[electoral district] where he or she stands for election for a consecutive
period of not less than two academic years before;
e) havinggg served in the official service before or havinggg had his or her
name appear in the house register in Changwat [electoral district] where he or
she stands for election for a consecutive period of not less than two years
before.
Section ۱۰۸ []
A political party sending member to stand for election in any constituency
shall send only one member in such constituency.
Section ۱۰۹ []
A person under any of the following prohibitions shall have no right to be a
candidate in an election of members of the House of Representatives:
۱) being addicted to drugs;
۲) being an undischarrrged bankrupt;
۳) being disfranchised under section ۱۰۶(۱)٫ (۲) or (۴);
۴) havinggg been sentenced by a judgement to imprisonment and being detained
by a warrant of the Court;
۵) havinggg been discharrrged for a period of less than five years on the
election day after being sentenced by a judgement to imprisonment for a term of
two years or more except for an offence committed through negligence;
۶) havinggg been expelled٫ dismissed or removed from the official service٫ a
State agency or a State enterprise on the ground of dishonest performance of
duties or corruption;
۷) havinggg been ordered by a judgement or an order of the Court that his or
her assets shall dissolve on the State on the ground of unusual wealthiness or
an unusual increase of his or her assets;
۸) being a Government official holding a permanent position or receiving salary
except a political official;
۹) being a member of a local assembly or a local administrator;
۱۰) being a senator;
۱۱) being an official or employee of a State agency٫ State enterprise or local
government organisation٫ or other State official;
۱۲) being an Election Commissioner٫ an Ombudsman٫ a member of the National
Human Right Commission٫ a judge of the Constitutional Court٫ a judge of an
Administrative Court٫ a member of the National Counter Corruption Commission or
a member of the State Audit Commission;
۱۳) being under the prohibition from holding a political position under section
۲۹۵;
۱۴) havinggg been removed from office by the resolution of the Senate under
section ۳۰۷; provided that٫ from the date of the resolution to the election
day٫ the period of five years has not elapsed.
Section ۱۱۰ []
A member of the House of Representatives shall not:
۱) hold any position or have any duty in any State agency or State enterprise٫
or hold a position of member of a local assembly٫ local administrator or local
government official except other political official other than Minister;
۲) receive any concession from the State٫ a State agency or
State enterprise٫ or become a party to a contract of the nature of economic
monopoly with the State٫ a State agency or State enterprise٫ or a become
partner or shareholder in a partnership or company receiving such concession or
becoming a party to the contract of that nature;
۳) receive any special money or benefit from any State agency or State
enterprise apart from that given by the State agency or State enterprise to
other persons in the ordinary course of business.
The provisions of this section shall not apply in the case where a member of
the House of Representatives receives military pensions٫ gratuities٫ pensions٫
annuities or any other form of payment of the same nature٫ and shall not apply
in the case where a member of the House of Representatives accepts or holds a
position of committee member of the National Assembly٫ the House of
Representatives or the Senate٫ or committee member appointed as a qualified
member under the provisions of law or committee member appointed in the course
of the administration of the State affairs in case he or she holds a position
of other political official other than Minister.
Section ۱۱۱ []
A member of the House of Representatives shall not٫ through the status or
position of member of the House of Representatives٫ interfere or intervene in
the recruitment٫ appointment٫ reshuffle٫ transfer٫ promotion and elevation of
the salary scale of a Government official holding a permanent position or
receiving salary and not being a political official٫ an official or employee of
a State agency٫ State enterprise or local government organisation٫ or cause
such persons to be removed from office.
Section ۱۱۲ []
Subject to the provisions of this Constitution٫ rules and procedure for an
election of members of the House of Representatives shall be in accordance with
the organic law on the election of members of the House of Representatives and
senators.
Section ۱۱۳ []
In the interest of honesty and fairness of an election of members of the House
of Representatives٫ the State shall provide support for the election in the
following matters:
۱) preparing places for posting notices and posters relating to the election in
public places owned by the State;
۲) publishing and supplying to persons havinggg the right to vote documents
relating to the election;
۳) providing places for election campaigns to candidates in the election;
۴) allocating radio and television broadcasting time to political parties;
۵) other activities specified by Notifications of the Election Commission.
The activities under (۱)٫ (۴) and (۵) by candidates in the election٫ political
parties or other persons other than the State shall not be permitted.
Rules٫ conditions and procedure for carrying out the acts under this section
shall be in accordance with the organic law on the election of members of the
House of Representatives and senators٫ which shall afford equal opportunities.
Section ۱۱۴ []
The term of the House of Representatives is four years from the election day.
Section ۱۱۵ []
Upon the expiration of the term of the House of Representatives٫ the King will
issue a Royal Decree calling for a general election of members of the House of
Representatives in which the election day must be fixed within forty five days
as from the date of the expiration of the term of the House of Representatives
and the election day must be the same throughout the Kingdom.
Section ۱۱۶ []
The King has the prerogative to dissolve the House of Representatives for a new
election of members of the House.
The dissolution of the House of Representatives shall be made in the form of a
Royal Decree in which the day for a new general election must be fixed within
sixty days and such election day must be the same throughout the Kingdom.
The dissolution of the House of Representatives may be made only once under the
same circumstance.
Section ۱۱۷ []
Membership of the House of Representatives commences on the election day.
Section ۱۱۸ []
Membership of the House of Representatives terminates upon:
۱) expiration of the term or dissolution of the House of Representatives;
۲) death;
۳) resignation;
۴) being disqualified under section ۱۰۷;
۵) being under any prohibition provided in section ۱۰۹(۱)٫ (۲)٫ (۳)٫ (۵)٫ (۶)٫
(۷)٫ (۸)٫ (۹)٫ (۱۰)٫ (۱۱)٫ (۱۲)٫ (۱۳) or (۱۴);
۶) acting in contravention of any prohibition under section ۱۱۰ or section ۱۱۱;
۷) being appointed Prime Minister or Minister;
۸) resignation from membership of his or her political party or his or her
political party passing a resolution٫ with the votes of not less than three-
fourths of the joint meeting of the execccutive Committee of that political
party and members of the House of Representatives belonging to that political
party٫ terminating his or her membership of the political party. In such cases٫
his or her membership shall be deemed to have terminated as from the date of
the resignation or the resolution of the political party except where such
member of the House of Representatives appeals to the Constitutional Court
within thirty days as from the date of the resolution of the political party
for raising an objectttion that such resolution is of such nature as specified
in section ۴۷ paragraph three. If the Constitutional Court decides that the
said resolution is not of the nature as specified in section ۴۷ paragraph
three٫ his or her membership shall be deemed to have terminated as from the
date of the decision of the Constitutional Court. If the Constitutional Court
decides that the said resolution is of such nature as specified in section ۴۷
paragraph three٫ that member of the House of Representatives may become a
member of another political party within thirty days as from the date of the
decision of the Constitutional Court;
۹) loss of membership of the political party in the case where the political
party of which he or she is a member is dissolved by an order of the
Constitutional Court and he or she is unable to become a member of another
political party within sixty days as from the date on which the Constitutional
Court issues its order. In such case٫ his or her membership shall be deemed to
have terminated as from the day following the date on which such period of
sixty days has elapsed;
۱۰) the Senate passing a resolution under section ۳۰۷ removing him or her from
office or the Constitutional Court havinggg a decision terminating his or her
membership under section ۹۶. In such case٫ his or her membership shall be
deemed to have terminated as from the date on which the Senate passes a
resolution or the Constitutional Court has a decision٫ as the case may be;
۱۱) havinggg been absent for more than one-fourth of the number of days in a
session the length of which is not less than ninety days without permission of
the President of the House of
Representatives;
۱۲) havinggg been imprisoned by a final judgement to a term of imprisonment
except for an offence committed through negligence or a petty offence.
The termination of membership of the House of Representatives under (۷) shall
be effective as from the day following the date on which the period of thirty
days٫ from the date of the appointment by the Royal Command٫ has elapsed.
Section ۱۱۹ []
When the office of member of the House of Representatives becomes vacant for
any reason other than the expiration of the term or the dissolution of the
House of Representatives٫ the following actions shall be taken:
۱) in the case where the vacancy is that of the office of a member of the House
of Representatives listed in the list prepared by a political party under
section ۹۹٫ the President of the House of Representatives shall٫ by publication
in the Government Gazette within seven days as from the date of the vacancy٫
elevate the person whose name in the list of that political party is placed in
the next order to be a replacing member of the House of Representatives;
۲) in the case where the vacancy is that of the office of a member of the House
of Representatives elected from the election on a constituency basis under
section ۱۰۲٫ an election of a member of the House of Representatives to fill
the vacancy shall be held within forty five days as from the date of the
vacancy unless the remainder of the term of the House of Representatives is
less than one hundred and eighty days.
Membership of the replacing member of the House of Representatives under (۱)
shall commence as from the day following the date of the publication of the
name of the replacing member٫ while membership of the replacing member of the
House of Representatives under (۲) shall commence as from the day on which the
election to fill the vacancy is held. The replacing member of the House of
Representatives may serve only for the remainder of the term of the House.
Section ۱۲۰ []
After the Council of Ministers has assumed the administration of the State
affairs٫ the King will appoint as Leader of the Opposition in the House of
Representatives a member of the House who is the leader of the political party
havinggg its members holding no ministerial positions and havinggg the
largest number of members among the political parties havinggg their members
holding no ministerial positions٫ provided that such number must not be less
than one-fifth of the total number of members of the House of Representatives
at the time of the appointment.
In the case where no political party in the House of Representatives meets the
condition as prescribed under paragraph one٫ the leader of the political party٫
who receives a majority of supporting votes from the members of the House who
belong to the political parties havinggg their members holding no ministerial
positions٫ shall be the Leader of the Opposition in the House. In case of an
equality of supporting votes٫ it shall be decided by lot.
The President of the House of Representatives shall countersign the Royal
Command appointing the Leader of the Opposition in the House of
Representatives. The Leader of the Opposition in the House of Representatives
shall vacate office upon being disqualified as specified in paragraph one or
paragraph two٫ and section ۱۵۲ shall apply mutatis mutandis٫ and in such case٫
the King will appoint a new Leader of the Opposition in the House of
Representatives to fill the vacancy.
Part ۳ The Senate
Section ۱۲۱ []
The Senate shall consist of two hundred members to be elected by the people.
In the case where the office of the senator becomes vacant for any reason
whatsoever and an election of a senator to fill the vacancy has not yet been
held٫ the Senate shall consist of the remaining senators.
Section ۱۲۲ []
In an election of senators٫ the area of Changwat [electoral district] shall be
regarded as one constituency. The number of senators each Changwat [electoral
district] can have shall be determined in accordance with the procedure
provided in section ۱۰۲ paragraph two٫ paragraph three and paragraph four
mutatis mutandis.
Section ۱۲۳ []
The person havinggg the right to vote at an election of senators may cast
ballot٫ at the election٫ for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat [electoral district] can have more than one
senator٫ the candidates who receive the highest number of votes in respective
order in the number of senators that Changwat [electoral district] can have
shall be elected as senators.
Section ۱۲۴ []
The provisions of section ۱۰۵ and section ۱۰۶ shall apply mutatis mutandis to
the qualifications and prohibitions to which a person havinggg the right to be
a candidate in an election of senators shall be subjected.
Section ۱۲۵ []
A person havinggg the following qualifications has the right to be a candidate
in an election of senators:
۱) being of Thai nationality by birth;
۲) being of not less than forty years of age on the election day;
۳) havinggg graduated with not lower than a Bachelor”s degree or its
equivalent;
۴) havinggg any of the qualifications under section ۱۰۷(۵).
Section ۱۲۶ []
A person under any of the following qualifications shall have no right to be a
candidate in an election of senators:
۱) being a member of or holder of other position of a political party;
۲) being a member of the House of Representatives or havinggg been a member of
the House of Representatives and his or her membership has terminated for not
yet more than one year up to the date of applying for the candidacy;
۳) being or havinggg been a senator in accordance with the provisions of this
Constitution during the term of the Senate preceding the application for the
candidacy;
۴) being disfranchised under section ۱۰۹(۱)٫ (۲)٫ (۳)٫ (۴)٫ (۵)٫ (۶)٫ (۷)٫ (۸)٫
(۹)٫ (۱۱)٫ (۱۲)٫ (۱۳) or (۱۴).
Section ۱۲۷ []
A senator shall not be a Minister or other political official.
The person havinggg held office of senator with membership havinggg
terminated for not more than one year٫ shall not be a Minister or other
political official unless the membership has terminated under section ۱۳۳(۱).
Section ۱۲۸ []
The provisions of section ۱۱۰ and section ۱۱۱ shall also apply mutatis mutandis
to the prohibitions to which a senator shall be subjected.
Section ۱۲۹ []
Subject to the provisions of this Constitution٫ rules and
procedure for an election of senators shall be in accordance with the organic
law on the election of members of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election٫ the State
shall carry out the following acts:
۱) causing notices and posters relating to the election and candidates in the
election to be posted;
۲) publishing and furnishing to persons havinggg the right to vote documents
relating to the election and candidates in the election;
۳) providing places and allocating radio and television broadcasting time for
introducing candidates in the election;
۴) carrying out other acts as prescribed by the Election Commission.
Rules and procedure for carrying out the acts under paragraph two shall be in
accordance with the organic law on the election of members of the House of
Representatives and senators.
The introduction of candidates by themselves or other persons is permitted only
insofar as provided in the organic law on the election of members of the House
of Representatives and senators.
Section ۱۳۰ []
The term of the Senate is six years as from the election day.
Section ۱۳۱ []
Upon expiration of the term of the Senate٫ the King will issue a Royal Decree
calling for a new general election of senators in which the election day must
be fixed within thirty days as from the date of the expiration of the term of
the Senate and the election day must be the same throughout the Kingdom.
For the purpose of proceeding under section ۱۶۸٫ the senators holding office on
the day on which the term of the Senate terminates under paragraph one shall
continue to perform their duties until newly elected senators assume their
duties.
Section ۱۳۲ []
Membership of the Senate commences on the election day.
Section ۱۳۳ []
Membership of the Senate terminates upon:
۱) expiration of the term of the Senate;
۲) death;
۳) resignation;
۴) being disqualified under section ۱۲۵;
۵) being under any of the prohibitions under section ۱۲۶;
۶) being under any of the prohibitions under section ۱۲۷;
۷) acting in contravention of any of the prohibitions under section ۱۲۸;
۸) the Senate passing a resolution under section ۳۰۷ removing him or her from
office or the Constitutional Court havinggg a decision terminating his or her
membership under section ۹۶; in such case٫ his or her membership shall be
deemed to have terminated as from the date of the resolution of the Senate or
the decision of the Constitutional Court٫ as the case may be;
۹) havinggg been absent for more than one-fourth of the number of days in a
session the length of which is not less than one hundred and twenty days
without permission of the President of the Senate;
۱۰) havinggg been imprisoned by a final judgment to a term of imprisonment
except for an offence committed through negligence or a petty offence.
Section ۱۳۴ []
When the office of senator becomes vacant for any reason other than the
expiration of term of the Senate٫ an election of a senator to fill the vacancy
shall be held within forty five days as from the date of the vacancy unless the
remainder of the term of the Senate is less than one hundred and eighty days.
The replacing senator may serve only for the remainder of the
term of the Senate.
Section ۱۳۵ []
In considering the selectttion٫ appointment٫ recommendation or approval of a
person to hold any position under section ۱۳۸٫ section ۱۴۳٫ section ۱۹۶٫
section ۱۹۹٫ section ۲۵۷٫ section ۲۶۱٫ section ۲۷۴(۳)٫ section ۲۷۷٫ section
۲۷۸٫ section ۲۷۹(۳)٫ section ۲۹۷٫ section ۳۰۲ and section ۳۱۲٫ the Senate shall
appoint a committee for examining past records and behaviours of the person
nominated for holding such position as well as gathering necessary facts and
evidence to be reported to the Senate for its further consideration.
The proceeding by the committee under paragraph one shall be in accordance with
the Rules of Procedure of the Senate.
Part ۴ Election Commission
Section ۱۳۶ []
The Election Commission consists of a Chairman and other four Commissioners
appointed٫ by the King with the advice of the Senate٫ from persons of apparent
political impartiality and integrity.
The President of the Senate shall countersign the Royal Command appointing the
Chairman and Commissioners under paragraph one.
Section ۱۳۷ []
An Election Commissioner shall have the qualifications and shall not be under
any prohibition as follows:
۱) being of Thai nationality by birth;
۲) being of not less than forty years of age on the nomination day;
۳) havinggg graduated with not lower than a Bachelor”s degree or its
equivalent;
۴) not being under any of the prohibitions under section ۱۰۶ or section ۱۰۹ (۱)
٫ (۲)٫ (۴)٫ (۵)٫ (۶)٫ (۷)٫ (۱۳) or (۱۴);
۵) not being a member of the House of Representatives or the Senate٫ a
political official٫ a member of a local assembly or a local administrator;
۶) not being or havinggg been a member of or holder of other position in a
political party throughout the period of five years preceding the holding of
office;
۷) not being an Ombudsman٫ a member of the National Human Right Commission٫ a
judge of the Constitutional Court٫ a judge of the Administrative Court٫ a
member of the National Counter Corruption Commission or a member of the State
Audit Commission.
Section ۱۳۸ []
The selectttion and election of Chairman and Election Commissioners shall be
proceeded as follows:
۱) there shall be a selectttive Committee of ten members consisting of the
President of the Constitutional Court as Chairman٫ President of the Supreme
Administrative Court٫ Rectors of all State higher education institutions which
are juristic persons٫ being elected among themselves to be four in number٫ and
representatives of all political parties havinggg a member who is a member of
the House of Representatives٫ provided that each party shall have one
representative and all such representatives shall elect among themselves to be
four in number٫ to be in charrrge of the consideration and selectttion of
five persons٫ who have the qualifications under section ۱۳۷ and who are
suitable to be Election Commissioners٫ for making nomination to the President
of the Senate upon consent of the nominated persons. The resolution making such
nomination must be passed by votes of not less than three-fourths of the number
of all existing members of the selectttive Committee;
۲) the Supreme Court of Justice shall٫ at its general meeting٫ consider and
selecttt five persons who are suitable to be Election Commissioners for making
nomination to the President of the
Senate upon consent of the nominated persons;
۳) the nominations under (۱) and (۲) shall be made within thirty days as from
the date when a ground for the selectttion of persons to be in such office
occurs. In the case where the selectttive Committee under (۱) is unable to
make nomination٫ or unable to make nomination in the complete number٫ within
the prescribed time٫ the Supreme Court of Justice shall٫ at its general
meeting٫ make nomination to obtain the complete number within fifteen days as
from the date of the expiration of the nomination time under (۱);
۴) the President of the Senate shall convoke the Senate for passing٫ by secret
ballot٫ a resolution electing the nominated persons under (۱)٫ (۲) and (۳). For
this purpose٫ the first five persons who receive the highest votes which are
more than one half of the total number of the existing senators shall be
elected as Election Commissioners٫ but if the number of the said elected
persons is less than five٫ the name-list of those not elected in that first
occasion shall be submitted to the senators for voting on another occasion and
consecutively. In such case٫ the persons receiving the highest number of votes
in respective order up to five shall be deemed to be elected as Election
Commissioner. On this occasion٫ if there are persons receiving equal votes in
any order which result in havinggg more than five elected persons٫ the
President of the Senate shall draw lots to determine who are elected persons;
۵) the elected persons under (۴) shall meet and elect among themselves Chairman
of the Election Commission and٫ then٫ notify the President of the Senate of the
result. The President of the Senate shall report to the King for further
appointment.
Section ۱۳۹ []
An Election Commissioner shall not:
۱) be a Government official holding a permanent position or receiving salary;
۲) be an official or employee of a State agency٫ State enterprise or local
government organisation;
۳) hold any position in a partnership٫ a company or an organisation carrying
out businesses for sharing profits or incomes٫ or be an employee of any person;
۴) engage in any other independent profession. In the case where the Senate has
elected a person in (۱)٫ (۲)٫ (۳) or (۴) with the consent of that person٫ the
elected person can commence the performance of duties only when he or she has
resigned from the position in (۱)٫ (۲)٫ (۳) or has satisfied that his or her
engagement in such independent profession has ceased to exist. This must be
done within fifteen days as from the date of election. If that person has not
resigned or ceased to engage in the independent profession within the specified
time٫ it shall be deemed that that person has never been elected to be an
Election Commissioner and the provisions of section ۱۳۸ shall apply mutatis
mutandis.
Section ۱۴۰ []
Election Commissioners shall hold office for a term of seven years as from the
date of their appointment by the King and shall serve for only one term.
The Election Commissioners who vacate office upon the expiration of the term
shall remain in office to continue to perform their duties until the newly
appointed Election Commissioners take office.
Section ۱۴۱ []
In addition to the vacation of office upon the termination of the term٫ an
Election Commissioner vacates office upon:
۱) death;
۲) resignation;
۳) being disqualified or being under any of the prohibitions under section ۱۳۷
or section ۱۳۹;
۴) havinggg been imprisoned by a final judgment to a term of imprisonment
except for an offence committed through
negligence or a petty offence;
۵) the Senate passing a resolution under section ۳۰۷ removing him or her from
office.
When a case under paragraph one occurs٫ the remaining Election Commissioners
may continue to perform their duties.
Section ۱۴۲ []
Members of the House of Representatives٫ senators٫ or members of both Houses of
not less than one-tenth of the total number of the existing members of the two
Houses have the right to lodge with the President of the National Assembly a
complaint that any Election Commissioner is disqualified or is under any of the
prohibitions under section ۱۳۷ or has acted in contravention of any of the
prohibitions under section ۱۳۹ and the President shall refer that complaint to
the Constitutional Court for its decision as to whether that Election
Commissioner has vacated his or her office.
When the Constitutional Court has passed a decision٫ it shall notify the
President of the National Assembly and the Chairman of the Election Commission
of such decision. The provisions of section ۹۷ shall also apply mutatis
mutandis to the vacation of office of Election Commissioners.
Section ۱۴۳ []
In the case where the Election Commissioners have vacated office in toto٫
actions under section ۱۳۸ shall be taken within forty five days as from the
date of the vacation. In the case where Election Commissioners vacate office
for any reason other than the expiration of term٫ section ۱۳۸ shall apply
mutatis mutandis to the selectttion and election of Election Commissioners to
fill the vacancies. In this case٫ persons٫ in the twice number of the outgoing
persons٫ who are suitable to be Election Commissioners shall be nominated to
the Presidents of the Senate for election by a resolution of the Senate;
provided that this procedure shall be completed within forty five days as from
the date of the vacation٫ and the elected persons shall serve only for the
remainder of the term of the replaced Commissioners.
Section ۱۴۴ []
The Election Commission shall control and hold٫ or cause to be held٫ an
election of members of the House of Representatives٫ senators٫ members of a
local assembly and local administrators including the voting in a referendum
for the purpose of rendering it to proceed in an honest and fair manner.
The Chairman of the Election Commission shall have the charrrge and control of
the execccution of the organic law on the election of members of the House of
Representatives and senators٫ the organic law on political parties٫ the organic
law on the voting in a referendum and the law on the election of members of
local assemblies or local administrators and shall be the political- party
registrar.
Section ۱۴۵ []
The Election Commission shall have the following powers and duties:
۱) to issue Notifications determining all activities necessary for the
execccution of the laws referred to in section ۱۴۴ paragraph two;
۲) to give orders instructing Government officials٫ officials or employees of a
State agency٫ State enterprise or local government organisation or other State
officials to perform all necessary acts under the laws referred to in section
۱۴۴ paragraph two;
۳) to conduct investigations and inquiries for fact-finding and decision on
arising problems or disputes under the laws referred to in section ۱۴۴
paragraph two;
۴) to order a new election or a new voting at a referendum to be held in any or
all polling stations when there occurs convincing evidence that the election or
the voting at a
referendum in that or those polling stations has not proceeded in an honest and
fair manner;
۵) to announce the result of an election and the voting in a referendum;
۶) to perform other acts as provided by law.
In the performance of duties٫ the Election Commission has the power to summon
any relevant document or evidence from any person٫ or summon any person to give
statements as well as to request the Courts٫ public prosecutors٫ inquiry
officials٫ State agencies٫ State enterprises or local government organisations
to take action for the purpose of performing duties٫ investigating٫ conducting
inquiries and passing decisions.
The Election Commission has the power to appoint persons٫ a group of persons or
representatives of private organisations to perform such duties as entrusted.
Section ۱۴۶ []
Government officials٫ officials or employees of a State agency٫ State
enterprise or local government organisation or other State officials shall have
the duty to comply with orders of the Election Commission given under section
۱۴۵.
Section ۱۴۷ []
The Election Commission shall forthwith conduct an investigation and inquiry
for finding facts in any of the following cases;
۱) an objectttion by a voter٫ a candidate in an election or a political party
a member of which stood for the election in any of the constituencies has been
raised that the election in that constituency has proceeded inappropriately or
unlawfully;
۲) convincing evidence has appeared that any member of the House of
Representatives٫ senator٫ member of a local assembly or local administrator٫
before being elected٫ had committed any dishonest act to enable him or her to
be elected٫ or has dishonestly been elected as a result of an act committed by
any person or political party in violation of the organic law on the election
of members of the House of Representatives and senators٫ the organic law on
political parties or the law on the election of members of local assemblies and
local administrators;
۳) convincing evidence has appeared that the voting in a referendum did not
proceed lawfully or an objectttion has been raised by a voter that the voting
in a referendum in any polling station proceeded inappropriately or unlawfully;
Upon completion of actions under paragraph one٫ the Election Commission shall
pass a decision forthwith.
Section ۱۴۸ []
During the period in which a Royal Decree calling for an election of members of
the House of Representatives or senator or a Notification calling for the
voting in a referendum is effective٫ no Election Commissioner shall be
arrested٫ detained or summoned by a warrant for inquiry except in the case
where permission of the Election Commission is obtained or where the arrest is
made in flagrante delicto. In the case where an Election Commissioner has been
arrested in flagrante delicto٫ or where an Election Commissioner is arrested or
detained in other cases٫ it shall be forthwith reported to the Chairman of the
Election Commission and the Chairman may order a release of the person so
arrested.
Part ۵ Provisions Applicable to both Houses
Section ۱۴۹ []
Members of the House of Representatives and senators are representatives of the
Thai people٫ and shall honestly perform the duties for the common interest of
the Thai people.
Section ۱۵۰ []
Before taking office٫ a member of the House of Representatives
and a senator shall make a solemn declaration at a sitting of the House of
which he or she is a member in the following words:
“I٫ (name of the declarer)٫ do solemnly declare that I will perform my duties
in accordance with the honest dictates of my conscience for the common interest
of the Thai people. I will also uphold and observe the Constitution of the
Kingdom of Thailand in every respect.”
Section ۱۵۱ []
The House of Representatives and the Senate shall each have one President and
one or two Vice-Presidents who are appointed by the King from the members of
such House in accordance with its resolution.
Section ۱۵۲ []
The President and the Vice-Presidents of the House of Representatives hold
office until the expiration of the term or the dissolution of the House.
The President and the Vice-Presidents of the Senate hold office until the day
preceding the date of the election the new President and Vice- Presidents.
The President and the Vice-Presidents of the House of Representatives and the
President and the Vice-Presidents of the Senate vacate office before the
expiration of the term of office under paragraph one or paragraph two٫ as the
case may be٫ upon:
۱) loss of membership of the House of which he or she is a member;
۲) resignation;
۳) holding a position of Prime Minister٫ Minister or other political official;
۴) being sentenced by a judgment to imprisonment.
Section ۱۵۳ []
The President of the House of Representatives and the President of the Senate
shall have the powers and duties to carry out the business of each House in
accordance with its rules of procedure. The Vice- presidents have the powers
and duties as entrusted by the President and act on behalf of the President
when the President is not present or unable to perform his or her duties.
The President of the House of Representatives٫ the President of the Senate and
the persons who act on behalf of the President shall be impartial in the
performance of duties.
Section ۱۵۴ []
When the President and the Vice-Presidents of the House of Representatives or
the President and the Vice-Presidents of the Senate are not present at any
sitting٫ the members of each House shall elect one among themselves to preside
over such sitting.
Section ۱۵۵ []
At a sitting of the House of Representatives or the Senate٫ the presence of not
less than one-half of the total number of the existing members of each House is
required to constitute a quorum٫ except that in the case of considering the
agenda on interpellation under section ۱۸۳ and section ۱۸۴٫ the House of
Representatives and the Senate may otherwise prescribe a quorum in the rules of
procedure.
Section ۱۵۶ []
A resolution on any issue shall be made by a majority of votes٫ unless it is
otherwise provided in this Constitution.
In casting a vote٫ each member has one vote. In case of an equality of votes٫
the presiding member shall have an additional vote as a casting vote.
The President of the National Assembly٫ the President of the House of
Representatives and the President of the Senate shall cause the voting of each
member to be recorded and disclose
such record in a place where the public entry for its inspection is possible٫
except for the case of the voting by secret ballot.
The casting of votes to elect or give approval to a person for holding office
shall be secret٫ unless otherwise provided in this Constitution٫ and members
shall have autonomy and shall not be bound by resolutions of their political
parties or any other mandate.
Section ۱۵۷ []
At a sitting of the House of Representatives or the Senate or at a joint
sitting of the National Assembly٫ words expressed in giving statements of fact
or opinions or in casting the vote by any member are absolutely privileged. No
charrrge or action in any manner whatsoever shall be brought against such
member.
The privilege under paragraph one does not extend to a member who expresses
words at a sitting which is broadcast through radio or television if such words
appear out of the precinct of the National Assembly and the expression of such
words constitutes a criminal offence or a wrongful act against any other
person٫ who is not a Minister or member of that House.
In the case of paragraph two٫ if the words expressed by the member cause damage
to other person who is not a Minister or member of that House٫ the President of
that House shall cause explanations to be published as requested by that person
in accordance with procedure and within such period of time as prescribed in
the rules of the procedure of that House٫ without prejudice to the person”s
right to bring the case before the Court.
Section ۱۵۸ []
The privilege provided in section ۱۵۷ extends to printers and publishers of the
minutes of sittings in accordance with the rules of procedure of the House of
Representatives٫ the Senate or the National Assembly٫ as the case may be٫ and
to persons permitted by the presiding member to give statements of fact or
opinions at such sitting as well as to persons who broadcasts the sitting
through radio or television with the permission of the President of such House
mutatis mutandis.
Section ۱۵۹ []
The National Assembly shall٫ within thirty days as from the date of the
election of members of the House of Representatives٫ be summoned for the first
sitting.
Each year٫ there shall be general ordinary session and a legislative ordinary
session.
The day on which the first sitting under paragraph one is held shall be
considered as the first day of the general ordinary session٫ and the first day
of the legislative ordinary session shall be fixed by the House of
Representatives. In the case where the first sitting under in paragraph one has
less than one hundred and fifty days up to the end of a calendar year٫ the
legislative ordinary session may be omitted in that year.
During the legislative ordinary session٫ the National Assembly shall hold a
sitting only in such cases as prescribed in Chapter ۲ or in cases of the
consideration of bills or organic law bills٫ the approval of an Emergency
Decree٫ the approval of the declaration of war٫ the approval of a treaty٫ the
election or approval of a person for holding office٫ the removal of a person
from office٫ the interpellation and the amendment of the Constitution٫ unless
the National Assembly has passed a resolution٫ by the votes of more than
one-half of the total number of the existing members of both Houses٫ for
considering other matters.
Section ۱۶۰ []
An ordinary session of the National Assembly shall last one hundred and twenty
days but the King may prolong it.
An ordinary session may be prorogued before the end of one hundred and twenty
days only with the approval of the National Assembly.
Section ۱۶۱ []
The King convokes the National Assembly٫ opens and prorogues its session.
The King may be present to perform the opening ceremony of the first general
ordinary session under section ۱۵۹ paragraph one or may command the Heir to the
Throne who is sui juris or any person to perform the ceremony as His
Representative.
Section ۱۶۲ []
When it is necessary for the interests of the State٫ the King may convoke an
extraordinary session of the National Assembly.
Section ۱۶۳ []
Members of both Houses or members of the House of Representatives of not less
than one-third of the total number of the existing members of both Houses have
the right to present their petition to the King for the issuance of a Royal
Command convoking an extraordinary session of the National Assembly.
The petition referred to in paragraph one shall be lodged with the President of
the National Assembly.
The President of the National Assembly shall present the petition to the King
and countersign the Royal Command.
Section ۱۶۴ []
Subject to section ۱۶۳٫ the convocation٫ the prolongation of session and the
prorogation of the National Assembly shall be made by a Royal Decree.
Section ۱۶۵ []
No member of the House of Representatives or senator shall٫ during a session٫
be arrested٫ detained or summoned by a warrant for inquiry as the suspect in a
criminal case unless permission of the House of which he or she is a member is
obtained or he or she is arrested in flagrante delicto. In the case where a
member of the House of Representatives or a senator has been arrested in
flagrante delicto٫ it shall be forthwith reported to the President of the House
of which he or she is a member and such President may order the release of the
person so arrested.
Section ۱۶۶ []
In the case where a criminal charrrge is brought against a member of the House
of Representatives or a senator٫ whether the House is in session or not٫ the
Court shall not try the case during a session٫ unless permission of the House
of which he or she is a member is obtained or it is a case concerning the
organic law on the election of members of the House of Representatives and
senators٫ the organic law on Election Commission or the organic law on
political parties; provided that the trial of the Court shall not hinder
such member from attending the sitting of the House.
The trial and adjudication of the Court conducted before it is invoked that the
accused is a member of either House are valid.
Section ۱۶۷ []
If a member of the House of Representatives or a senator is detained during the
inquiry or trial before the beginning of a session٫ when the session begins٫
the inquiry official or the Court٫ as the case may be٫ must order his or her
release as soon as the President of the House of which he or she is a member
has so requested.
The order of release under paragraph one shall be effective as from the date of
such order until the last day of the session.
Section ۱۶۸ []
During the expiration of the term or the dissolution of the House of
Representatives٫ the Senate shall not hold its sitting except in the following
cases:
۱) a sitting at which the Senate shall act as the National Assembly under
section ۱۹٫ section ۲۱٫ section ۲۲٫ section ۲۳
and section ۲۲۳٫ and the votes taken shall be based on the number of senators;
۲) a sitting at which the Senator shall elect٫ appoint٫ recommend or give
approval to a person for holding any office under section ۱۳۸٫ section ۱۴۳٫
section ۱۹۶٫ section ۱۹۹٫ section ۲۵۷٫ section ۲۶۱٫ section ۲۷۴(۳)٫ section
۲۷۷٫ section ۲۷۸٫ section ۲۷۹(۳)٫ section ۲۹۷٫ section ۳۰۲ and section ۳۱۲;
۳) a sitting at which the Senate shall consider and pass a resolution removing
a person from office.
Section ۱۶۹ []
Subject to section ۱۷۰٫ a bill or an organic law bill may be introduced only by
members of the House of Representatives or the Council of Ministers٫ but a
money bill may be introduced by members of the House of Representatives only
with the endorsement of the Prime Minister.
A member of the House of Representatives may introduce a bill or an organic law
bill only if the political party of which he or she is a member has passed a
resolution approving the introduction thereof and the bill is endorsed by not
less than twenty members of the House of Representatives. A money bill means a
bill with provisions dealing with any of the following matters:
۱) the imposition٫ repeal٫ reduction٫ alteration٫ modification٫ remission٫ or
regulation of taxes or duties;
۲) the allocation٫ receipt٫ custody٫ payment of the State funds٫ or transfer of
expenditure estimates of the State;
۳) the raising of loans٫ or guarantee or redemption of loans;
۴) currency.
In case of doubt as to whether a bill or an organic law bill is a money bill
which requires the endorsement of the Prime Minister or not٫ it shall be the
power of a joint sitting of the President of the House of Representatives and
Presidents of all its standing committees to make a decision thereon.
The President of the House of Representatives shall hold a joint sitting to
consider the case under paragraph four within fifteen days as from the date
such case occurs.
The resolution of the joint sitting under paragraph four shall be decided by a
majority of votes. In case of an equality of votes٫ the President of the House
of Representatives shall have an additional vote as a casting vote.
Section ۱۷۰ []
The persons havinggg the right to vote of not less than fifty thousand in
number shall have a right to submit a petition to the President of the National
Assembly to consider such law as prescribed in Chapter ۳ and Chapter ۵ of this
Constitution.
A bill must be attached to the petition referred to in paragraph one.
The rules and procedure for the petition and the examination thereof shall be
in accordance with the provisions of the law.
Section ۱۷۱ []
For any bill or any organic law bill introduced by members of the House of
Representatives which٫ at the stage of the adoption of its principle٫ was not a
money bill but was then amended by the House of Representatives and٫ in the
opinion of the President of the House٫ such amendment has rendered it to
exhibit the charrracteristic of a money bill٫ the President of the House shall
suspend the consideration of such bill and٫ within fifteen days as from the day
on which such case occurs٫ shall refer it to a joint sitting of the President
of the House of Representatives and Presidents of all its standing committees
to make a decision thereon. If the joint sitting decides that the amendment
resulted in such bill or organic law bill exhibiting the charrracteristic of a
money bill٫ the President of the House shall refer it to the Prime Minister for
endorsement. In the case where the Prime Minister does not endorse it٫ the
House of Representative shall amend it so as to prevent it from being a money
bill.
Section ۱۷۲ []
A bill or an organic law bill shall be first submitted to the House of
Representatives.
Section ۱۷۳ []
When a bill which has been specified by the Council of Ministers٫ in its
policies stated to the National Assembly under section ۲۱۱٫ as necessary for
the administration of the State affairs or when any organic law bill is not
approved by a resolution of the House of Representatives and the votes
disapproving it are less than one-half of the total number of the existing
members of the House٫ the Council of Ministers may request the National
Assembly to hold a joint sitting for passing a resolution on another occasion.
If it is approved٫ the National Assembly shall appoint the persons٫ being or
not being its members٫ in such an equal number as proposed by the Council of
Ministers٫ to constitute a joint committee of the National Assembly for
considering such bill or organic law bill٫ and the joint committee of the
National Assembly shall prepare a report thereon and submit the bill or organic
law bill which it has already considered to the National Assembly. If such bill
or organic law bill is approved by the National Assembly٫ further proceedings
under section ۹۳ shall be taken. If it is not approved٫ such bill or organic
law bill shall lapse.
Section ۱۷۴ []
Subject to section ۱۸۰٫ when the House of Representatives has considered a bill
or an organic law bill submitted under section ۱۷۲ and resolved to approve it٫
the House of Representatives shall submit such bill or organic law bill to the
Senate. The Senate must finish the consideration of such bill or organic law
bill within sixty days; but if it is a money bill٫ the consideration thereof
must be finished within thirty days; provided that the Senate may٫ as a
special case٫ resolve to extend the period for not more than thirty days. The
said period shall mean the period during a session and shall be counted as from
the day on which such bill or organic law bill reaches the Senate.
The period referred to in paragraph one shall not include the period during
which the bill or the organic law bill is under the consideration of the
Constitutional Court under section ۱۷۷.
If the Senate has not finished the consideration of the bill or the organic law
bill within the period referred to in paragraph one٫ it shall be deemed that
the Senate has approved it.
In the case where the House of Representatives submits a money bill to the
Senate٫ the President of the House of Representatives shall also advise the
Senate that the bill or the organic law bill so submitted is a money bill. The
advice of the President of the House of Representatives shall be deemed final.
In the case where the President of the House of Representatives does not advise
the Senate that the bill or the organic law bill is a money bill٫ such bill
shall not be deemed a money bill.
Section ۱۷۵ []
Subject to section ۱۸۰٫ after the Senate has finished the consideration of a
bill or an organic law bill٫
۱) if it agrees with the House of Representatives٫ further proceedings under
section ۹۳ shall be taken;
۲) if it disagrees with the House of Representatives٫ such bill or organic law
bill shall be withheld and returned to the House of Representatives;
۳) if there is an amendment٫ the amended bill or the amended organic law bill
shall be returned to the House of Representatives. If the House of
Representatives approves such amendment٫ further proceedings under section ۹۳
shall be taken. In other cases٫ each House shall appoint persons٫ being or not
being its members٫ in such an equal number as may be fixed by the House of
Representatives٫ to constitute a joint committee for considering the bill or
the organic law bill and the joint committee shall prepare a report thereon and
submit the bill or the organic law bill which it has already considered
to both Houses. If both Houses approve the bill or the organic law bill already
considered by the joint committee٫ further proceedings under section ۹۳ shall
be taken. If either House disapproves it٫ the bill or the organic law bill
shall be withheld.
The joint committee has the power to demand documents from any person or summon
any person to give statements of fact or opinions in respect of the
consideration of the bill or the organic law bill and the privileges provided
in section ۱۵۷ and section ۱۵۸ shall also extend to the person performing his
or her duties under this section. At a meeting of the joint committee٫ the
presence of the members of the joint committee appointed by both Houses of not
less than one-half of the total number of its members is required to constitute
a quorum and the provisions of section ۱۹۴ shall apply mutatis mutandis.
Section ۱۷۶ []
A bill or an organic law bill withheld under section ۱۷۵ may be reconsidered by
the House of Representatives only after the lapse of one hundred and eighty
days as from the date the bill or the organic law bill is returned to the House
of Representatives by the Senate in case of withholding under section ۱۷۵(۲)
and as from the date either House disapproves it in case of withholding under
section ۱۷۵(۳). In such cases٫ if the House of Representatives resolves to
reaffirm the original bill or the bill considered by the joint committee by the
votes of more than one-half of the total number of the existing members of the
House of Representatives٫ such bill or organic law bill shall be deemed to have
been approved by the National Assembly and further proceedings under section ۹۳
shall be taken.
If the bill or the organic law bill withheld is a money bill٫ the House of
Representatives may forthwith proceed to reconsider it. In such case٫ if the
House of Representatives resolves to reaffirm the original bill or the bill
considered by the joint committee by the votes of more than one-half of the
total number of the existing members of the House of Representatives٫ such bill
or organic law bill shall be deemed to have been approved by the National
Assembly and further proceedings under section ۹۳ shall be taken.
Section ۱۷۷ []
While a bill or an organic law bill is being withheld under section ۱۷۵٫ the
Council of Ministers or members of the House of Representatives may not
introduce a bill or an organic law bill havinggg the same or similar principle
as that of the bill or the organic law bill so withheld.
In the case where the House of Representatives or the Senate is of the opinion
that the bill or the organic law bill so introduced or referred to for
consideration has the same or similar principle as that of the bill or the
organic law bill being withheld٫ the President of the House of Representatives
or the President of the Senate shall refer the said bill or organic law bill to
the Constitutional Court for decision. If the Constitutional Court decides that
it is a bill or an organic law bill havinggg the same or similar principle as
that of the bill or the organic law bill so withheld٫ such bill or organic law
bill shall lapse.
Section ۱۷۸ []
In the case where the term of the House of Representatives expires or the House
of Representatives is dissolved٫ the draft Constitution Amendment٫ or all bills
or organic law bills to which the King has refused His assent or which have not
been returned by the King within ninety days٫ shall lapse.
In the case where the term of the House of Representatives expires or where the
House of Representatives is dissolved٫ the National Assembly٫ the House of
Representatives or the Senate٫ as the case may be٫ may٫ after a general
election of members of the House of Representatives٫ continue the consideration
of the
draft Constitution Amendment٫ the bill or the organic law bill which has not
yet been approved by the National Assembly if the Council of Ministers which is
newly appointed after the general election so requests within sixty days as
from the first sitting day of the National Assembly after the general election
and the National Assembly approves it. If the Council of Ministers does not so
request within such period of time٫ such draft Constitution Amendment٫ bill or
organic law bill shall lapse.
The further consideration of the draft Constitution Amendment٫ the bill or the
organic law bill under paragraph two shall be in accordance with the rules of
procedure of the National Assembly.
Section ۱۷۹ []
The expenditure estimates of the State shall be made in the form of an Act. If
the Annual Appropriations Act for the following fiscal year is not enacted in
time٫ the law on annual appropriations for the preceding fiscal year shall
apply for the time being.
Section ۱۸۰ []
The House of Representatives must finish the consideration of an annual
appropriations bill٫ a supplementary appropriations bill and a transfer of
appropriations bill within one hundred and five days as from the date the bill
reaches the House of Representatives.
If the House of Representatives has not finished the consideration of the bill
within the period referred to in paragraph one٫ such bill shall be deemed to
have been approved by the House of Representatives and shall be submitted to
the Senate.
In the consideration by the Senate٫ the Senate must approve or disapprove it
without any amendment within twenty days as from the date the bill reaches the
Senate. Upon the lapse of such period٫ such bill shall be deemed to have been
approved; in such case and in the case where the Senate approves it٫ further
proceedings under section ۹۳ shall be taken. If the Senate disapproves the
bill٫ the provisions of section ۱۷۶ paragraph two shall apply mutatis mutandis.
In the consideration of the annual appropriations bill٫ the supplementary
appropriations bill and the transfer of appropriations bill٫ a member of the
House of Representatives shall not submit a motion adding any item or amount to
the bill٫ but may submit a motion reducing or abridging the expenditures which
are not expenditures according to any of the following obligations:
۱) money for payment of the principal of a loan;
۲) interest on a loan;
۳) money payable in accordance with the law.
In the consideration by the House of Representatives or a committee٫ any
proposal٫ submission of a motion or commission of an act٫ which results in
direct or indirect involvement by members of the House of Representatives٫
senators or members of a committee in the use of the appropriations٫ shall not
be permitted.
In the case where members of the House of Representatives or senators of not
less than one-tenth of the total number of the existing members of each House
are of the opinion that the violation of the provisions of paragraph six has
occurred٫ they shall refer it to the Constitutional Court for decision and the
Constitutional Court shall decide it within seven days as from the date of its
receipt. In the case where the Constitutional Court decides that the violation
of the provisions of paragraph six has occurred٫ such proposal٫ submission of
the motion٫ or commission of the act shall be ineffective.
Section ۱۸۱ []
The payment of State funds shall be made only when it has been authorised by
the law on appropriations٫ the law on
budgetary procedure٫ the law on transfer of appropriations or the law on
treasury balance٫ except that it may be prepaid in the case of urgent necessity
under the rules and procedure provided by the law. In such case٫ the
expenditure estimates for reimbursement must be set aside in the Transfer of
Appropriations Act٫ the Supplementary Appropriations Act٫ or the Annual
Appropriations Act for the following fiscal year٫ or except it is the case
under section ۲۳۰ paragraph two.
Section ۱۸۲ []
The House of Representatives and the Senate are٫ by virtue of this
Constitution٫ vested with the power to control the administration of the State
affairs.
Section ۱۸۳ []
Every member of the House of Representatives or senator has the right to
interpellate a Minister on any matter within the scope of his or her authority٫
but the Minister has the right to refuse to answer it if the Council of
Ministers is of the opinion that the matter should not yet be disclosed on the
ground of safety or vital interest of the State.
Section ۱۸۴ []
In the administration of the State affairs on any matter which involves an
important problem of public concern٫ affects national or public interest٫ or
requires urgency٫ a member of the House of Representatives may notify the
President of the House of Representatives in writing prior to the commencement
of the sitting of the day٫ that they will interpellate the Prime Minister or
the Minister responsible for the administration of the State affairs on that
matter without specifying the question٫ and the President of the House of
Representatives shall place such matter on the agenda of the meeting of that
day.
The interpellation and the answer to the interpellation under paragraph one may
be made once a week٫ and a verbal interpellation by a member of the House of
Representatives on a matter involving the administration of the State affairs
may be made not exceeding three times on each matter in accordance with the
rules of procedure of the House of Representatives.
Section ۱۸۵ []
Members of the House of Representatives of not less than two-fifths of the
total number of the existing members of the House have the right to submit a
motion for a general debate for the purpose of passing a vote of no-confidence
in the Prime Minister. Such motion must nominate the suitable next Prime
Minister who is also a person under section ۲۰۱ paragraph two and٫ when the
motion has been submitted٫ the dissolution of the House of Representatives
shall not be permitted٫ except that the motion is withdrawn or the resolution
is passed without being supported by the vote in accordance with paragraph
three.
In the submission of the motion for a general debate under paragraph one٫ if it
is concerned with the behaviour of the Prime Minister٫ which involves
circumstances of unusual wealthiness٫ exhibits a sign of malfeasance in office
or intentionally violates the provisions of the Constitution or law٫ it shall
not be submitted without the petition under section ۳۰۴ havinggg been
presented. Upon the submission of the petition under section ۳۰۴٫ it may be
proceeded with without awaiting the outcome of the proceedings under section
۳۰۵.
If the general debate is concluded with a resolution not to pass over the
agenda of the general debate٫ the House of Representatives shall pass a vote of
confidence or no-confidence. Voting in such case shall not take place on the
date of the conclusion of the debate. The vote of no-confidence must be passed
by more than one-half of the total number of the existing members of the House
of Representatives.
In the case where a vote of no-confidence is passed by not more than one-half
of the total number of the existing members of the House of Representatives٫
the members of the House of
Representatives who submit the motion for the general debate shall no longer
have the right to submit another motion for a general debate for the purpose of
passing a vote of no-confidence in the Prime Ministers throughout the session.
In the case where a vote of no-confidence is passed by more than one-half of
the total number of the existing members of the House of Representatives٫ the
President of the House of Representatives shall submit the name of the person
nominated under paragraph one to the King for further appointment and section
۲۰۲ shall not apply.
Section ۱۸۶ []
Members of the House of Representatives of not less than one-fifth of the total
number of the existing members of the House of Representatives have the right
to submit a motion for a general debate for the purpose of passing a vote of
no-confidence in an individual Minister. The provisions of section ۱۸۵
paragraph two٫ paragraph three and paragraph four shall apply mutatis mutandis.
Section ۱۸۷ []
Senators of not less than three-fifths of the total number of the existing
members of the Senate have the right to submit a motion for a general debate in
the Senate for the purpose of requesting the Council of Ministers to give
statements of fact or explain important problems in connection with the
administration of the State affairs without a resolution to be passed.
The motion for the general debate under this section may be submitted only once
in each session.
Section ۱۸۸ []
A sitting of the House of Representatives and of the Senate and a joint sitting
of the National Assembly are public under the conditions stipulated in the
rules of procedure of each House. A sitting in camera shall be held at the
request of the Council of Ministers or members of not less than one-fourth of
the total number of the existing members of each House or of both Houses٫ as
the case may be.
Section ۱۸۹ []
The House of Representatives and the Senate have the power to selecttt and
appoint members of each house to constitute a standing committee and have the
power to selecttt and appoint persons٫ being or not being its members٫ to
constitute an ad hoc committee in order to perform any act٫ inquire into or
study any matter within the powers and duties of the House and report its
findings to the House. The resolution appointing such ad hoc committee must
specify the activity or the matter concerned clearly and without repetition or
duplication.
The committees under paragraph one have the power to demand documents from any
person or summon any person to give statements of fact or opinions on the act
or the matter under its inquiry or study.
In the case where the person under paragraph two is a Government official٫
official or employee of State agency٫ State enterprise or local government
organisation٫ the Chairman of the committee shall notify the Minister who
supervises and controls the agency to which such person is attached in order to
instruct him or her to act as prescribed in paragraph two٫ except that٫ in the
case of the safety or benefit of importance to the State٫ it shall be deemed as
a ground of an exemption to the compliance with paragraph two.
The privileges provided in section ۱۵۷ and section ۱۵۸ shall also extend to the
persons performing their duties under this section.
The number of members of a standing committee appointed solely from members of
the House of Representatives shall be in proportion to or in close proportion
to the number of members of the House of Representatives of each political
party
or group of political parties in the House of Representatives.
In the absence of the rules of procedure of the House of Representatives under
section ۱۹۱٫ the President of the House of Representatives shall determine the
proportion under paragraph five.
Section ۱۹۰ []
In considering a bill the substance of which is decided by the President of the
House of Representatives to be concerned with children٫ women٫ the elderly٫ the
disabled or handicapped٫ if the House of Representatives does not consider it
by its full committee٫ the House of Representatives shall appoint an ad hoc
committee consisting of representatives٫ from private organisations concerned
with the respective types of persons٫ of not less than one-third of the total
number of members of the committee.
Section ۱۹۱ []
The House of Representatives and the Senate have the power to make the rules of
procedure governing the election and performance of duties of the President٫
Vice-Presidents٫ matters or activities which are within the powers and duties
of each standing committee٫ performance and quorum of committees٫ sittings٫
submission and consideration of bills and organic law bills٫ submission of
motions٫ consultation٫ debate٫ passing of a resolution٫ recording and
disclosure of the passing of a resolution٫ interpellation٫ general debate٫
observation of the rules and orders٫ codes of ethics of members and committee
members٫ and other matters for the execccution of this Constitution.
Section ۱۹۲ []
The fundamental substance of the organic laws on various matters as prescribed
in the Transitory Provisions shall necessarily be contained in the organic law
on such matter in accordance with this Constitution.
Part ۶ Joint Sittings of the National Assembly
Section ۱۹۳ []
The National Assembly shall hold a joint sitting in the following cases:
۱) the approval of the appointment of the Regent under section ۱۹;
۲) the making of a solemn declaration by the Regent before the National
Assembly under section ۲۱;
۳) the acknowledgment of an amendment of the Palace Law on Succession٫ B.E.
۲۴۶۷ under section ۲۲;
۴) the acknowledgment or approval of the succession to the Throne under section
۲۳;
۵) the reconsideration of a bill or an organic law bill under section ۹۴;
۶) the passing of a resolution for the consideration by the National Assembly
of other matters during a legislative ordinary session under section ۱۵۹;
۷) the approval of the prorogation of a session under section ۱۶۰;
۸) the opening of the session of the National Assembly under section ۱۶۱;
۹) the approval of the further consideration of a bill or an organic law bill
under section ۱۷۳;
۱۰) the approval of the further consideration of a Constitution Amendment٫ a
bill or an organic law bill under section ۱۷۸ paragraph two;
۱۱) the making of the rules of procedure of the National Assembly under section
۱۹۴;
۱۲) the announcement of policies under section ۲۱۱;
۱۳) the holding of a general debate under section ۲۱۳;
۱۴) the approval of the declaration of war under section ۲۲۳;
۱۵) the approval of a treaty under section ۲۲۴;
۱۶) the amendment of the Constitution under section ۳۱۳;
Section ۱۹۴ []
At a joint sitting of the National Assembly٫ the rules of procedure of the
National Assembly shall apply. While the rules of procedure of the National
Assembly has not yet been issued٫ the rules of procedure of the House of
Representatives shall apply mutatis mutandis.
Section ۱۹۵ []
The provisions applicable to both Houses shall apply mutatis mutandis to the
joint sitting of the National Assembly٫ except that٫ for the appointment of a
committee٫ the number of committee members appointed from the members of each
House must be in proportion to or in close proportion to the number of members
of each House.
Part ۷ Ombudsmen
Section ۱۹۶ []
The Ombudsmen shall not be more than three in number٫ who shall be appointed٫
by the King with the advice of the Senate٫ from the persons recognised and
respected by the public٫ with knowledge and experience in the administration of
the State affairs٫ enterprises or activities of common interest of the public
and with apparent integrity.
The President of the Senate shall countersign the Royal Command appointing the
Ombudsmen.
The qualifications٫ prohibitions٫ selectttion and election of the Ombudsmen
shall be in accordance with the organic law on Ombudsmen.
The Ombudsmen shall hold office for a term of six years as from the date of
their appointment by the King and shall serve for only one term.
Section ۱۹۷ []
The Ombudsmen have the powers and duties as follows:
۱) to consider and inquire into the complaint for fact-findings in the
following cases:
a) failure to perform in compliance with the law or performance beyond powers
and duties as provided by the law of a Government official٫ an official or
employee of a State agency٫ State enterprise or local government organisation;
b) performance of or omission to perform duties of a Government official٫ an
official or employee of a State agency٫ State enterprise or local government
organisation٫ which unjustly causes injuries to the complainant or the public
whether such act is lawful or not;
c) other cases as provided by law;
۲) to prepare reports and submit opinions and suggestions to the National
Assembly.
Section ۱۹۸ []
In the case where the Ombudsman is of the opinion that the provisions of the
law٫ rules٫ regulations or any act of any person under section ۱۹۷(۱) begs the
question of the constitutionality٫ the Ombudsman shall submit the case and the
opinion to the Constitutional Court or Administrative Court for decision in
accordance with the procedure of the Constitutional Court or the law on the
procedure of the Administrative Court٫ as the case may be.
The Constitutional Court or Administrative Court٫ as the case may be٫ shall
decide the case submitted by the Ombudsman under paragraph one without delay.
Part ۸ The National Human Rights Commission
Section ۱۹۹ []
The National Human Rights Commission consists of a President and ten other
members appointed٫ by the King with the advice
of the Senate٫ from the persons havinggg apparent knowledge and experiences in
the protection of rights and liberties of the people٫ havinggg regard also to
the participation of representatives from private organisations in the field of
human rights.
The President of the Senate shall countersign the Royal Command appointing the
President and members of the National Human Rights Commission.
The qualifications٫ prohibitions٫ selectttion٫ election٫ removal and
determination of the remuneration of members of the National Human Rights
Commission shall be as provided by law.
The members of the National Human Rights Commission shall hold office for a
term of six years as from the date of their appointment by the King and shall
serve for only one term.
Section ۲۰۰ []
The National Human Rights have the powers and duties as follows:
۱) to examine and report the commission or omission of acts which violate human
rights or which do not comply with obligations under international treaties to
which Thailand is a party٫ and propose appropriate remedial measures to the
person or agency committing or omitting such acts for taking action. In the
case where it appears that no action has been taken as proposed٫ the Commission
shall report to the National Assembly for further proceeding;
۲) to propose to the National Assembly and the Council of Ministers policies
and recommendations with regard to the revision of laws٫ rules or regulations
for the purpose of promoting and protecting human rights;
۳) to promote education٫ researches and the dissemination of knowledge on human
rights;
۴) to promote co-operation and co-ordination among Government agencies٫ private
organisations٫ and other organisations in the field of human rights;
۵) to prepare an annual report for the appraisal of situations in the sphere of
human rights in the country and submit it to the National Assembly;
۶) other powers and duties as provided by law.
In the performance of duties٫ the National Human Rights Commission shall also
have regard to the interests of the country and the public.
The National Human Rights Commission has the power to demand relevant documents
or evidence from any person or summon any person to give statements of fact
including other powers for the purpose of performing its duties as provided by
law.
Chapter VII The Council of Ministers
Section ۲۰۱ []
The King appoints the Prime Minister and not more than thirty-five other
Ministers to constitute the Council of Ministers havinggg the duties to carry
out the administration of the State affairs.
The Prime Minister must be appointed from members of the House of
Representatives or persons who have been members of the House of
Representatives whose membership has terminated under section ۱۱۸ (۷) during
the term of the same House.
The President of the House of Representatives shall countersign the Royal
Command appointing the Prime Minister.
Section ۲۰۲ []
The House of Representatives shall complete its consideration and approval of
the person suitable to be appointed as Prime Minister within thirty days as
from the day the National Assembly is convoked for the first sitting under
section ۱۵۹.
The nomination of a person who is suitable to be appointed as Prime Minister
under paragraph one shall be endorsed by members of the House of
Representatives of not less than
one-fifth of the total number of the existing members of the House.
The resolution of the House of Representatives approving the appointment of a
person as Prime Minister shall be passed by the votes of more than one-half of
the total number of the existing members of the House of Representatives. The
passing of the resolution in such case shall be by open votes.
Section ۲۰۳ []
In the case where the period of thirty days as from the date the National
Assembly is convoked for the first sitting of its members has elapsed and no
one has been approved for appointment as Prime Minister under section ۲۰۲
paragraph three٫ the President of the House of Representatives shall٫ within
fifteen days as from the lapse of such period٫ present to the King for the
issuance of a Royal Command appointing the person who has received the highest
votes as Prime Minister.
Section ۲۰۴ []
No Prime Minister and Ministers shall be members of the House of
Representatives or senators simultaneously.
A member of the House of Representatives who has been appointed as Prime
Minister or Minister shall vacate office on the day following the date on which
thirty days have elapsed as from the date of the issuance of the appointing
Royal Command.
Section ۲۰۵ []
Before taking office٫ a Minister must make a solemn declaration before the King
in the following words:
“I٫ (name of the declarer)٫ do solemnly declare that I will be loyal to the
King and will faithfully perform my duties in the interests of the country and
of the people. I will also uphold and observe the Constitution of the Kingdom
of Thailand in every respect.”
Section ۲۰۶ []
A Minister must possess the qualifications and must not be under any of the
prohibitions as follows:
۱) being of Thai nationality by birth;
۲) being not less than thirty five years of age;
۳) havinggg graduated with not lower than a Bachelor”s degree or its
equivalent;
۴) not being under any of the prohibitions under section ۱۰۹ (۱)٫ (۲)٫ (۳)٫ (۴)
٫ (۶)٫ (۷)٫ (۱۲)٫ (۱۳) or (۱۴);
۵) havinggg been discharrrged for a period of less than five years before the
appointment after being sentenced by a judgment to imprisonment for a term of
two years or more٫ except for an offence committed through negligence;
۶) not being a senator or havinggg been a senator whose membership has
terminated for not more than one year up to the date of the appointment as
Minister except for the termination of membership under section ۱۳۳ (۱).
Section ۲۰۷ []
A Minister shall not be a Government official holding a permanent position or
receiving a salary except political official.
Section ۲۰۸ []
A Minister shall not hold a position or perform any act provided in section
۱۱۰٫ except the position required to be held by the operation of law٫ and shall
not hold any other position in a partnership٫ company or any organisation which
engages in a business with a view to sharing profits or incomes or be an
employee of any person.
Section ۲۰۹ []
A Minister shall not be a partner or shareholder of a partnership or a company
or retain his or her being a partner or
shareholder of a partnership or a company up to the limit as provided by law.
In the case where any Minister intends to continue to receive benefits in such
cases٫ such Minister shall inform the President of the National Counter
Corruption Commission within thirty days as from the date of the appointment
and shall transfer his or her shares in the partnership or company to a
juristic person which manages assets for the benefit of other persons as
provided by law.
The Minister shall not do any act which٫ by nature٫ amounts to the
administration or management of shares or affairs of such partnership or
company.
Section ۲۱۰ []
A Minister has the right to attend and give statements of fact or opinions at a
sitting of the House but has no right to vote. In the case where the House of
Representatives or the Senate has passed a resolution requiring Ministers to
attend a sitting for any matter٫ they shall attend the sitting. The provisions
of section ۱۵۷ and section ۱۵۸ governing privileges shall apply mutatis
mutandis.
Section ۲۱۱ []
The Council of Ministers which will assume the administration of the State
affairs must٫ within fifteen days as from the date it takes office٫ state its
policies to the National Assembly; provided that no vote of confidence shall
be passed.
Before stating policies to the National Assembly under paragraph one٫ if there
occurs a case of importance and necessary urgency which٫ if left delayed٫ will
affect material benefits of the State٫ the Council of Ministers which has taken
office may٫ for the time being٫ carry out such acts in so far as it is
necessary.
Section ۲۱۲ []
Ministers shall carry out the administration of the State affairs in accordance
with the provisions of the Constitution٫ laws and the policies stated under
section ۲۱۱٫ and shall be responsible individually to the House of
Representatives for the performance of their duties and shall also be
responsible collectively to the National Assembly for the general policies of
the Council of Ministers.
Section ۲۱۳ []
In the case where there is an important problem in the administration of the
State affairs in regard to which the Council of Ministers deems it advisable to
take opinion of members of the House of Representatives and senators٫ the Prime
Minister may give a notice to the President of the National Assembly requesting
that a general debate be held at a joint sitting of the National Assembly. In
such case٫ no resolution shall be passed by the National Assembly on the issue
put in the debate.
Section ۲۱۴ []
In the case where the Council of Ministers is of the opinion that any issue may
affect national or public interests٫ the Prime Minister٫ with the approval of
the Council of Ministers٫ may consult the President of the House of
Representatives and the President of the Senate for the purpose of publishing
in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to whether the
important issue under paragraph one٫ which is not the issue contrary to or
inconsistent with this Constitution٫ will be approved or not. A referendum
shall not be held on an issue specifically relating to any individual or group
of persons.
The publication under paragraph one shall fix the date of the referendum٫ which
shall not be earlier than ninety days and shall not be later than one hundred
and twenty days as from the date of its publication in the Government Gazette٫
and the date of the referendum shall be the same throughout the Kingdom.
While the publication under paragraph one is in force٫ the State shall take
action to ensure that persons who agree or disagree with such issue can express
their opinions equally.
The persons havinggg the right to vote in an election of members of the House
of Representatives shall have the right to vote in a referendum.
If it appears from the referendum that the people voting in the referendum are
less than one-fifth of the persons havinggg the right to vote٫ the issue for
which consultation is sought shall be deemed to be disapproved by a majority of
people. If the people voting in the referendum are more than one-fifth of the
persons havinggg the right to vote and it appears that the people voting in
the referendum approve it by a majority of votes٫ the issue for which
consultation is sought shall be deemed to be approved by a majority of people.
The referendum under this section shall have the mere effect of advice given to
the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in accordance with
the organic law on referendum.
Section ۲۱۵ []
Ministers vacate office en masse upon: ۱) the termination of ministership of
the Prime Minister under section ۲۱۶;
۲) the expiration of the term or the dissolution of the House of
Representatives;
۳) the resignation of the Council of Ministers.
The outgoing Council of Ministers shall remain in office for carrying out
duties until the newly appointed Council of Ministers takes office but٫ in the
case of the vacation of office under (۲)٫ shall not exercise its power to
appoint٫ transfer or dismiss a Government official holding a permanent position
or receiving a salary or an official of a State agency or State enterprise٫
except with the approval of the Election Commission.
The provisions of section ۱۱۸(۷) and paragraph two thereof and section ۲۰۴
shall not apply to the outgoing Council of Ministers which remains in office
for carrying out duties under paragraph two. In the case where the ministership
of the Prime Minister terminates under section ۲۱۶ (۱)٫ (۲)٫ (۳)٫ (۴)٫ (۶) or
(۸)٫ the procedure under section ۲۰۲ and section ۲۰۳ shall apply mutatis
mutandis.
Section ۲۱۶ []
The ministership of an individual Minister terminates upon:
۱) death;
۲) resignation;
۳) being disqualified or being under any of the prohibitions under section ۲۰۶;
۴) being sentenced by a judgment to imprisonment;
۵) the passing of a vote of no-confidence by the House of Representatives under
section ۱۸۵ or section ۱۸۶;
۶) havinggg done an act prohibited by section ۲۰۸ or section ۲۰۹;
۷) the issuance of a Royal Command under section ۲۱۷;
۸) being removed from office by a resolution of the Senate under section ۳۰۷.
The provisions of section ۹۶ and section ۹۷ shall apply to the termination of
the ministership under (۲)٫ (۳)٫ (۴) or (۶).
Section ۲۱۷ []
The King has the prerogative to remove a Minister from his or her office upon
the advice of the Prime Minister.
Section ۲۱۸ []
For the purpose of maintaining national or public safety or national economic
security٫ or averting public calamity٫ the King may issue an Emergency Decree
which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one
shall be made only when the Council of Ministers is of the opinion that it is
the case of emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly٫ the Council of
Ministers shall submit the Emergency Decree to the National Assembly for its
consideration without delay. If it is out of session and it would be a delay to
wait for the opening of an ordinary session٫ the Council of Ministers must
proceed to convoke an extraordinary session of the National Assembly in order
to consider whether to approve or disapprove the Emergency Decree without
delay. If the House of Representatives disapproves it or approves it but the
Senate disapproves it and the House of Representatives reaffirms its approval
by the votes of not more than one-half of the total number of the existing
members of the House٫ the Emergency Decree shall lapse; provided that it
shall not affect any act done during the enforcement of such Emergency Decree.
If the Emergency Decree under paragraph one has the effect of amending or
repealing any provisions of any Act and such Emergency Decree has lapsed in
accordance with paragraph three٫ the provisions of the Act in force before the
amendment or repeal shall continue to be in force as from the day the
disapproval of such Emergency Decree is effective.
If the House of Representatives and the Senate approve the Emergency Decree٫ or
if the Senate disapproves it but the House of Representatives reaffirms its
approval by the votes of more than one-half of the total number of the existing
members of the House٫ such Emergency Decree shall continue to have the force as
an Act.
The Prime Minister shall cause the approval or disapproval of the Emergency
Decree to be published in the Government Gazette. In case of disapproval٫ it
shall be effective as from the day following the date of its publication in the
Government Gazette.
The consideration of an Emergency Decree by the Senate and the House of
Representatives in case of reaffirmation of the Emergency Decree must take
place at the first opportunity when such Houses hold their sittings.
Section ۲۱۹ []
Before the House of Representatives or the Senate approves an Emergency Decree
under section ۲۱۸ paragraph three٫ members of the House of Representatives or
senators of not less than one-fifth of the total number of the existing members
of each House have the right to submit an opinion to the President of the House
of which they are members that the Emergency Decree is not in accordance with
section ۲۱۸ paragraph one٫ and the President of the House who receives such
opinion shall then refer it to the Constitutional Court for decision. After the
Constitutional Court has given a decision thereon٫ it shall notify its decision
to the President of the House referring such opinion.
When the President of the House of Representatives or the President of the
Senate has received the opinion from members of the House of Representatives or
senators under paragraph one٫ the consideration of such Emergency Decree shall
be deferred until the decision of the Constitutional Court under paragraph one
has been notified.
In the case where the Constitutional Court decides that any Emergency Decree is
not in accordance with section ۲۱۸ paragraph one٫ such Emergency Decree shall
not have the force of law ab initio.
The decision of the Constitutional Court that an Emergency Decree is not in
accordance with section ۲۱۸ paragraph one must be given by votes of not less
than two-thirds of the total number of members of the Constitutional Court.
Section ۲۲۰ []
If٫ during a session٫ it is necessary to have a law on taxes٫ duties or
currency٫ which٫ in the interests of the State٫ requires
an urgent and confidential consideration٫ the King may issue an Emergency
Decree which shall have the force as an Act. The Emergency Decree issued under
paragraph one must be submitted to the House of Representatives within three
days as from the day following the date of its publication in the Government
Gazette٫ and the provisions of ۲۱۸ shall apply mutatis mutandis.
Section ۲۲۱ []
The King has the prerogative to issue a Royal Decree which is not contrary to
the law.
Section ۲۲۲ []
The King has the prerogative to declare and lift the martial law in accordance
with the conditions and manner under the Martial Law.
In the case where it is necessary to declare the martial law in a certain
locality as a matter of urgency٫ the military authority may do so under the
Martial Law.
Section ۲۲۳ []
The King has the prerogative to declare war with the approval of the National
Assembly.
The approval resolution of the National Assembly must be passed by votes of not
less than two-thirds of the total number of the existing members of both
Houses.
During the expiration of the term or the dissolution of the House of
Representatives٫ the Senate shall perform the function of the National Assembly
in giving the approval under paragraph one٫ and the resolution shall be passed
by votes of not less than two-thirds of the total number of the existing
senators.
Section ۲۲۴ []
The King has the prerogative to conclude a peace treaty٫ armistice and other
treaties with other countries or international organisations.
A treaty which provides for a change in the Thai territories or the
jurisdiction of the State or requires the enactment of an Act for its
implementation must be approved by the National Assembly.
Section ۲۲۵ []
The King has the prerogative to grant a pardon.
Section ۲۲۶ []
The King has the prerogative to remove titles and recall decorations.
Section ۲۲۷ []
The King appoints and removes officials in the military service and civil
service who hold the positions of Permanent Secretary of State٫
Director-General and their equivalents except in the case where they vacate
office upon death.
Section ۲۲۸ []
A Government official holding a permanent position or receiving a salary and
not being a political official shall not be a political official or hold other
political position.
Section ۲۲۹ []
Emoluments and other remuneration of Privy Councillors٫ President and
Vice-Presidents of the House of Representatives٫ President and Vice-Presidents
of the Senate٫ Leader of the Opposition in the House of Representatives٫
members of the House of Representatives and senators shall be prescribed by the
Royal Decree.
Gratuities٫ pensions or other remuneration of Privy Councillors٫ President and
Vice-Presidents of the House of Representatives٫ President and Vice-Presidents
of the Senate٫ Prime Minister٫
Ministers٫ Leader of the Opposition in the House of Representatives٫ members of
the House of Representatives and senators who vacate their office shall be
prescribed by the Royal Decree.
Section ۲۳۰ []
The establishment of a new Ministry٫ Sub-Ministry or Department which requires
an increase of positions or the number of Government officials or employees
shall be made in the form of an Act.
The amalgamation or transfer of Ministries٫ Sub-Ministries or Departments which
has or does not have the effect of establishing a new Ministry٫ Sub-Ministry or
Department and which does not require an increase of positions or the number of
Government officials or employees٫ or the dissolution of a Ministry٫
Sub-Ministry or department shall be made in the form of a Royal Decree.
An increase of positions or the number of Government officials or employees in
a Ministry٫ Sub-Ministry or Department which is newly established or in the
Ministry٫ Sub-Ministry or Department which is amalgamated or to which the
transfer is made shall not be permitted within three years as from the date of
the amalgamation or the transfer thereof under paragraph two.
The Royal Decree under paragraph two shall also specify the powers and duties
of the newly established Ministry٫ Sub-Ministry or Department٫ the transfer of
powers and duties under the provisions of the law vested in the original
Government agency or officials and the transfer of officials and employees٫
budget٫ assets and liabilities.
The execccution under paragraph two in respect of a Ministry٫ Sub- Ministry or
Department already established by an Act shall be made in the form of a Royal
Decree. The Royal Decree so issued shall be deemed to have the effect of
amending٫ in the relevant parts٫ the provisions of the Act or law which has the
same force as an Act.
Section ۲۳۱ []
All laws٫ Royal Rescripttts and Royal Commands relating to the State affairs
must be countersigned by a Minister unless otherwise provided in this
Constitution.
Section ۲۳۲ []
All laws which have been signed or deemed to have been signed by the King shall
forthwith be published in the Government Gazette.
Chapter VIII The Courts
Part ۱ General Provisions
Section ۲۳۳ []
The trial and adjudication of cases are the powers of the Courts٫ which must
proceed in accordance with the Constitution and the law and in the name of the
King.
Section ۲۳۴ []
All Courts may be established only by Acts.
A new Court for the trial and adjudication of any particular case or a case of
any particular charrrge in place of an ordinary Court existing under the law
and havinggg jurisdiction over such case shall not be established.
Section ۲۳۵ []
A law havinggg an effect of changing or amending the law on the organisation
of Courts or on judicial procedure for the purpose of its application to a
particular case shall not be enacted.
Section ۲۳۶ []
The hearing of a case requires a full quorum of judges. Any judge not sitting
at the hearing of a case shall not give judgement or a decision of such case٫
except for the case of force majeure or any other unavoidable necessity as
provided by law.
Section ۲۳۷ []
In a criminal case٫ no arrest and detention of a person may be made except
where an order or a warrant of the Court is obtained٫ or where such person
commits a flagrant offence or where there is such other necessity for an arrest
without warrant as provided by law. The arrested person shall٫ without delay٫
be notified of the charrrge and details of such arrest and shall be given an
opportunity to inform٫ at the earliest convenience٫ his or her relative٫ or the
person of his or her confidence٫ of the arrest. The arrested person being kept
in custody shall be sent to the Court within forty eight hours as from the time
of his or her arrival at the office of the inquiry official in order for the
court to consider whether there is a reasonable ground under the law for the
detention of the arrested person or not٫ except for the case of force majeure
or any other unavoidable necessity as provided by law. A warrant of arrest or
detention of a person may be issued where:
۱) there is reasonable evidence that such person is likely to have committed a
serious offence which is punishable as provided by law; or
۲) there is reasonable evidence that such person is likely to have committed an
offence and there also exists a reasonable cause to believe that such person is
likely to abscond٫ tamper with the evidence or commit any other dangerous act.
Section ۲۳۸ []
In a criminal case٫ a search in a private place shall not be made except where
an order or a warrant of the Court is obtained or there is a reasonable ground
to search without an order or a warrant of the Court as provided by law.
Section ۲۳۹ []
An application for a bail of the suspect or the accused in a criminal case must
be accepted for consideration without delay٫ and an excessive bail shall not be
demanded. The refusal of a bail must be based upon the grounds specifically
provided by law٫ and the suspect or the accused must be informed of such
grounds without delay.
The right to appeal against the refusal of a bail is protected as provided by
law.
A person being kept in custody٫ detained or imprisoned has the right to see and
consult his or her advocate in private and receive a visit as may be
appropriate.
Section ۲۴۰ []
In the case of the detention of a person in a criminal case or any other case٫
the detainee٫ the public prosecutor or other person acting in the interest of
the detainee has the right to lodge with the Court havinggg criminal
jurisdiction a plaint that the detention is unlawful. Upon receipt of such
plaint٫ the Court shall forthwith proceed with an ex parte examination. If٫ in
the opinion of the Court٫ the plaint presents a prima facie case٫ the court
shall have the power to order the person responsible for the detention to
produce the detainee promptly before the Court٫ and if the person responsible
for the detention can not satisfy the Court that the detention is lawful٫ the
Court shall order an immediate release of the detainee.
Section ۲۴۱ []
In a criminal case٫ the suspect or the accused has the right to a speedy٫
continuous and fair inquiry or trial.
At the inquiry stage٫ the suspect has the right to have an advocate or a person
of his or her confidence attend and listen to interrogations.
An injured person or the accused in a criminal case has the right to inspect or
require a copy of his or her statements made during the inquiry or documents
pertaining thereto when the public prosecutor has taken prosecution as provided
by law.
In a criminal case for which the public prosecutor issues a final
non-prosecution order٫ an injured person٫ the suspect or an interested person
has the right to know a summary of evidence together with the opinion of the
inquiry official and the public prosecutor with respect to the making of the
order for the case٫ as provided by law.
Section ۲۴۲ []
In a criminal case٫ the suspect or the accused has the right to receive an aid
from the State by providing an advocate as provided by law. In the case where a
person being kept in custody or detained cannot find an advocate٫ the State
shall render assistance by providing an advocate without delay.
In a civil case٫ a person has the right to receive a legal aid from the State٫
as provided by law.
Section ۲۴۳ []
A person has the right not to make a statement incriminating himself or herself
which may result in criminal prosecution being taken against him or her.
Any statement of a person obtained from inducement٫ a promise٫ threat٫ deceit٫
torture٫ physical force٫ or any other unlawful act shall be inadmissible in
evidence.
Section ۲۴۴ []
In a criminal case٫ a witness has the right to protection٫ proper treatment٫
necessary and appropriate remuneration from the State as provided by law.
Section ۲۴۵ []
In a criminal case٫ an injured person has the right to protection٫ proper
treatment and necessary and appropriate remuneration from the State٫ as
provided by law.
In the case where any person suffers an injury to the life٫ body or mind on
account of the commission of a criminal offence by other person without the
injured person participating in such commission and the injury cannot be
remedied by other means٫ such person or his or her heir has the right to
receive an aid from the State٫ upon the conditions and in the manner provided
by law.
Section ۲۴۶ []
Any person who has become the accused in a criminal case and has been detained
during the trial shall٫ if it appears from the final judgement of that case
that the accused did not commit the offence or the act of the accused does not
constitute an offence٫ be entitled to appropriate compensation٫ expenses and
the recovery of any right lost on account of that incident٫ upon the conditions
and in the manner provided by law.
Section ۲۴۷ []
In the case where any person was inflicted with a criminal punishment by a
final judgment٫ such person٫ an interested person٫ or the public prosecutor may
submit a motion for a review of the case. If it appears in the judgment of the
Court reviewing the case that he or she did not commit the offence٫ such person
or his or her heir shall be entitled to appropriate compensation٫ expenses and
the recovery of any right lost by virtue of the judgment upon the conditions
and in the manner provided by law.
Section ۲۴۸ []
In the case where there is a dispute on the competent jurisdiction among the
Court of Justice٫ the Administrative Court٫ the Military Court or any other
Court٫ it shall be decided by a committee consisting of the President of the
Supreme Court of Justice as Chairman٫ the President of the Supreme
Administrative Court٫ the President of such other Court and not more than four
qualified persons as provided by law as members.
The rules for the submission of the dispute under paragraph one shall be as
provided by law.
Section ۲۴۹ []
Judges are independent in the trial and adjudication of cases in accordance
with the Constitution and the law.
The trial and adjudication by judges shall not be subject to hierarchical
supervision.
The distribution of case files to judges shall be in accordance with the rules
prescribed by law.
The recall or transfer of case files shall not be permitted except in the case
where justice in the trial and adjudication of the case shall otherwise be
affected.
The transfer of a judge without his or her prior consent shall not be permitted
except in the case of termly transfer as provided by law٫ promotion to a higher
position٫ being under a disciplinary action or becoming a defendant in a
criminal case.
Section ۲۵۰ []
Judges shall not be political officials or hold political positions.
Section ۲۵۱ []
The King appoints and removes judges except in the case of removal from office
upon death.
The appointment and removal from office of a judge of any Court other than the
Constitutional Court٫ the Court of Justice٫ the Administrative Court and the
Military Court as well as the adjudicative jurisdiction and procedure of such
Courts shall be in accordance with the law on the establishment of such Courts.
Section ۲۵۲ []
Before taking office٫ a judge shall make a solemn declaration before the King
in the following words:
“I٫ (name of the declarer) do solemnly declare that I will be loyal to His
Majesty the King and will faithfully perform my duties in the name of the King
without any partiality in the interest of justice٫ of the people and of the
public order of the Kingdom. I will also uphold and observe the democratic
regime of government with the King as Head of the State٫ the Constitution of
the Kingdom of Thailand and the law in every respect.”
Section ۲۵۳ []
Salaries٫ emoluments and other benefits of judges shall be as provided by law;
provided that the system of salary-scale or emoluments applicable to civil
servants shall not be applied. The provisions of paragraph one shall apply to
Election Commissioners٫ Ombudsmen٫ members of the National Counter Corruption
Commission and members of the State Audit Commission mutatis mutandis.
Section ۲۵۴ []
No person may simultaneously become a member٫ whether an ex officio member or a
qualified member٫ of the Judicial Commission of the Courts of Justice٫ the
Administrative Court or any other Court as provided by law.
Part ۲ Constitutional Court
Section ۲۵۵ []
The Constitutional Court consists of the President and fourteen judges of the
Constitutional Court to be appointed by the King upon advice of the Senate from
the following persons:
۱) five judges of the Supreme Court of Justice holding a position of not lower
than Judge of the Supreme Court of Justice and elected at a general meeting of
the Supreme Court
of Justice by secret ballot;
۲) two judges of the Supreme Administrative Court elected at a general meeting
of the Supreme Administrative Court by secret ballot;
۳) five qualified persons in law elected under section ۲۵۷;
۴) three qualified persons in political science elected under section ۲۵۷.
The elected persons under paragraph one shall hold a meeting and elect one
among themselves to be the President of the Constitutional Court and notify the
result to the President of the Senate accordingly.
The President of the Senate shall countersign the Royal Command appointing the
President and judges of the Constitutional Court.
Section ۲۵۶ []
The qualified person under section ۲۵۵ (۳) and (۴) shall possess the
qualifications and shall not be under any of the prohibitions as follows:
۱) being of Thai nationality by birth;
۲) being not less than forty five years of age;
۳) havinggg been٫ in the past٫ a Minister٫ an Election Commissioner٫ an
Ombudsman٫ a member of the National Human Rights Commission٫ a member of the
National Counter Corruption Commission or a member of the State Audit
Commission٫ or havinggg served٫ in the past٫ in a position of not lower than
Deputy Prosecutor General٫ Director-General or its equivalent٫ or holding a
position of not lower than Professor;
۴) not being under any of the prohibitions under section ۱۰۶ or section ۱۰۹ (۱)
٫ (۲)٫ (۴)٫ (۵)٫ (۶)٫ (۷)٫ (۱۳) or (۱۴);
۵) not being a member of the House of Representatives٫ senator٫ political
official٫ member of a local assembly or local administrator;
۶) not being or havinggg been٫ in the past٫ a member or holder of other
position of a political party over the period of three years preceding the
taking of office;
۷) not being an Election Commissioner٫ an Ombudsman٫ a member of the National
Human Rights Commission٫ a judge of an Administrative Court٫ a member of the
National Counter Corruption Commission or a member of the State Audit
Commission.
Section ۲۵۷ []
The selectttion and election of judges of the Constitutional Court under
section ۲۵۵ (۳) and (۴)٫ shall be proceeded as follows:
۱) there shall be a selectttive Committee for judges of the Constitutional
Court consisting of the President of the Supreme Court of Justice٫ Deans of the
Faculty of Law٫ or the equivalent٫ of all State higher education institutions٫
being elected among themselves to be four in number٫ Deans of the Faculty of
Political Science٫ or the equivalent٫ of all State higher education
institutions٫ being elected among themselves to be four in number٫ and
representatives of all political parties havinggg a member who is a member of
the House of Representatives provided that each party shall have one
representative and all such representatives shall elect among themselves to be
four in number٫ as members. The Committee shall have the duties to selecttt
and prepare a list of names of ten qualified persons under section ۲۵۵ (۳) and
six qualified persons under section ۲۵۵ (۴) and submit it to the President of
the Senate with the consent of the nominated persons within thirty days as from
the date when a ground for the selectttion of persons to be in such office
occurs. The resolution making such nomination must be passed by votes of not
less than three-fourths of the total number of the existing members of the
Committee;
۲) the President of the Senate shall convoke the Senate for a sitting for the
purpose of passing a resolution٫ by secret ballot٫ electing the nominated
persons in the list under (۱). For this purpose٫ the first five persons in the
name-list of qualified
persons under section ۲۵۵ (۳) and the first three persons in the name-list of
qualified persons under section ۲۵۵ (۴) who receive the highest votes which are
more than one-half of the total number of the existing senators shall be
elected as judges of the Constitutional Court٫ but if the number of the persons
elected from the name-list of the qualified persons under section ۲۵۵ (۳) is
less than five or the number of the persons elected from the name-list of the
qualified persons under section ۲۵۵ (۴) is less than three٫ the name-list of
those not elected on the first occasion shall be submitted to the senators for
voting on another occasion consecutively. In such case٫ the persons receiving
the highest number of votes in respective order in the specified number shall
be elected as judges of the Constitutional Court. If there are persons
receiving equal votes in any order which result in havinggg more than five or
three persons٫ as the case may be٫ the President of the Senate shall draw lots
to determine who are elected persons. The provisions of section ۲۵۵ paragraph
two and paragraph three shall apply mutatis mutandis.
Section ۲۵۸ []
The President and judges of the Constitutional Court shall not:
۱) be a Government official holding a permanent position or receiving a salary;
۲) be an official or employee of a State agency٫ State enterprise or local
government organisation or a director or adviser of a State enterprise or State
agency;
۳) hold any position in a partnership٫ a company or an organisation carrying
out business with a view to sharing profits or incomes٫ or be an employee of
any person;
۴) engage in any independent profession.
In the case where the general meeting of the Supreme Court of Justice٫ the
general meeting of the Supreme Administrative Court or the Senate٫ as the case
may be٫ has elected the person in (۱)٫ (۲)٫ (۳) or (۴) with the consent of that
person٫ the elected person can commence the performance of duties only when he
or she has resigned from the position in (۱)٫ (۲) or (۳) or has satisfied that
his or her engagement in such independent profession has ceased to exist. This
must be done within fifteen days as from the date of the election. If such
person has not resigned or has not ceased to engage in the independent
profession within the specified time٫ it shall be deemed that that person has
never been elected to be a judge of the Constitutional Court and the provisions
of section ۲۶۱ shall apply.
Section ۲۵۹ []
The President and judges of the Constitutional Court shall hold office for nine
years as from the date of their appointment by the King and shall hold office
for only one term.
The outgoing President and judges of the Constitutional Court shall remain in
office to perform duties until the newly appointed President and judges of the
Constitutional Court take office.
The President and judges of the Constitutional Court shall be judicial
officials under the law.
Section ۲۶۰ []
In addition to the vacation of office upon the expiration of term٫ the
President and judges of the Constitutional Court vacate office upon:
۱) death;
۲) being of seventy years of age;
۳) resignation;
۴) being disqualified or being under any of the prohibitions under section ۲۵۶;
۵) havinggg done an act in violation of section ۲۵۸;
۶) the Senate passing a resolution under section ۳۰۷ for the removal from
office;
۷) being sentenced by a judgement to imprisonment.
When a case under paragraph one occurs٫ the remaining judges shall continue to
perform their duties subject to section ۲۶۷.
Section ۲۶۱ []
In the case where the President and judges of the Constitutional Court vacate
office en masse at the expiration of term٫ the proceedings under section ۲۵۵
and section ۲۵۷ shall be taken within thirty days as from the date of the
vacation of office. In the case where the President and judges of the
Constitutional Court vacate office otherwise than in the case under paragraph
one٫ the following proceedings shall be taken: ۱) in the case of the judge of
the Constitutional Court who was elected at the general meeting of the Supreme
Court of Justice٫ section ۲۵۵ (۱) shall apply mutatis mutandis; provided
that the election thereunder shall be completed within thirty days as from the
date of the vacation of office; ۲) in the case of the judge of the
Constitutional Court who was elected at the general meeting of the Supreme
Administrative Court٫ section ۲۵۵ (۲) shall apply mutatis mutandis; provided
that the election thereunder shall be completed within thirty days as from the
date of the vacation of office; ۳) in the case of the judges of the
Constitutional Court under section ۲۵۵(۳) or (۴)٫ section ۲۵۷ shall apply
mutatis mutandis. In such case٫ the nomination of suitable persons to be
qualified judges of the Constitutional Court under section ۲۵۵ (۳) or (۴) shall
be presented to the President of the Senate by submitting names of persons in
the double number of the outgoing judges and the Senate shall pass a resolution
for the election within thirty days from the date of the vacation office. In
the case where some or all judges of the Constitutional Court vacate office out
of a session of the National Assembly٫ the proceedings under section ۲۵۷ shall
be taken within thirty days as from the date of the opening of a session of the
National Assembly. In the case where the President of the Constitutional Court
vacates office٫ the provisions of section ۲۵۵ paragraph two shall apply mutatis
mutandis.
Section ۲۶۲ []
After any bill or organic law bill has been approved by the National Assembly
under section ۹۳ or has been reaffirmed by the National Assembly under section
۹۴٫ before the Prime Minister presents it to the King for signature:
۱) if members of the House of Representatives٫ senators or members of both
Houses of not less than one-tenth of the total number of the existing members
of both Houses are of the opinion that provisions of the said bill are contrary
to or inconsistent with this Constitution or such bill is enacted contrary to
the provisions of this Constitution٫ they shall submit their opinion to the
President of the House of Representatives٫ the President of the Senate or the
President of the National Assembly٫ as the case may be٫ and the President of
the House receiving such opinion shall then refer it to the Constitutional
Court for decision and٫ without delay٫ inform the Prime Minister thereof;
۲) if not less than twenty members of the House of Representatives٫ senators or
members of both Houses are of the opinion that the provisions of the said
organic law bill are contrary to or inconsistent with this Constitution or such
organic law bill is enacted contrary to this Constitution٫ they shall submit
their opinion to the President of the House of Representatives٫ the President
of the Senate or the President of the National Assembly٫ as the case may be٫
and the President of the House receiving such opinion shall then refer it to
the Constitutional Court for decision and٫ without delay٫ inform the Prime
Minister thereof;
۳) if the Prime Minister is of the opinion that the provisions of the said bill
or organic law bill are contrary to or inconsistent with this Constitution or
it is enacted contrary to the provisions
of this Constitution٫ the Prime Minister shall refer such opinion to the
Constitutional Court for decision and٫ without delay٫ inform the President of
the House of Representatives and the President of the Senate thereof.
During the consideration of the Constitutional Court٫ the Prime Minister shall
suspend the proceedings in respect of the promulgation of the bill or organic
law bill until the Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill or organic
law bill are contrary to or inconsistent with this Constitution or it is
enacted contrary to the provisions of this Constitution and that such
provisions of the bill or organic law bill form the essential element thereof٫
such bill or organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill or organic
law bill are contrary to or inconsistent with this Constitution otherwise than
in the case specified in paragraph three٫ such conflicting or inconsistent
provisions shall lapse and the Prime Minister shall proceed further in
accordance with section ۹۳ or section ۹۴٫ as the case may be.
Section ۲۶۳ []
The provisions of section ۲۶۲ (۲) shall apply mutatis mutandis to draft rules
of procedure of the House of Representatives٫ draft rules of procedure of the
Senate and draft rules of procedure of the National Assembly which have already
been approved by the House of Representatives٫ the Senate or the National
Assembly٫ as the case may be٫ but remain unpublished in the Government Gazette.
Section ۲۶۴ []
In the application of the provisions of any law to any case٫ if the Court by
itself is of the opinion that٫ or a party to the case raises an objectttion
that٫ the provisions of such law fall within the provisions of section ۶ and
there has not yet been a decision of the Constitutional Court on such
provisions٫ the Court shall stay its trial and adjudication of the case and
submit٫ in the course of official service٫ its opinion to the Constitutional
Court for consideration and decision.
In the case where the Constitutional Court is of the opinion that the
objectttion of a party under paragraph one is not essential for decision٫ the
Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but shall not
affect final judgements of the Courts.
Section ۲۶۵ []
In the performance of duties٫ the Constitutional Court shall have the power to
demand documents or relevant evidence from any person or summon any person to
give statements of fact as well as request the Courts٫ inquiry officials٫ a
State agency٫ State enterprise or local government organisation to carry out
any act for the purpose of its consideration.
The Constitutional Court shall have the power to appoint a person or a group of
persons to carry out duties as entrusted.
Section ۲۶۶ []
In the case where a dispute arises as to the powers and duties of organs under
the Constitution٫ such organs or the President of the National Assembly shall
submit a matter together with the opinion to the Constitutional Court for
decision.
Section ۲۶۷ []
The quorum of judges of the Constitutional Court for hearing and giving a
decision shall consist of not less than nine judges. The decision of the
Constitutional Court shall be made by a majority of votes٫ unless otherwise
provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a
decision on his or her own part and make
an oral statement to the meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof shall be
published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the
background or allegation٫ summary of facts obtained from hearings٫ reasons for
the decision on questions of fact and questions of law and the provisions of
the Constitution and the law invoked and resorted to.
Section ۲۶۸ []
The decision of the Constitutional Court shall be deemed final and binding on
the National Assembly٫ Council of Ministers٫ Courts and other State organs.
Section ۲۶۹ []
The procedure of the Constitutional Court shall be prescribed by the
Constitution Court٫ which must be done by a unanimous resolution of its judges٫
and shall be published in the Government Gazette.
The procedure of the Constitutional Court under paragraph one must also be
founded at least upon fundamental guarantees with regard to the openness of
hearing٫ the opportunity to the parties to express their opinions before the
decision of the case٫ the right of the parties to inspect documents relating to
them٫ the opportunity to challenge the judge of the Constitutional Court and
the reasoning of the decision or order of the Constitutional Court.
Section ۲۷۰ []
The Constitutional Court shall have its independent secretariat٫ with the
Secretary-General of the Office of the Constitutional Court as the superior
responsible directly to the President of the Constitutional Court.
The appointment of the Secretary-General of the Office of the Constitutional
Court must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in personnel
administration٫ budget and other activities as provided by law.
Part ۳ Courts of Justice
Section ۲۷۱ []
The Courts of Justice have the powers to try and adjudicate all cases except
those specified by this Constitution or the law to be within the jurisdiction
of other courts.
Section ۲۷۲ []
There shall be three levels of Courts of Justice٫ viz٫ Courts of First
Instance٫ Court of Appeal and the Supreme Court of Justice٫ except otherwise
provided by this Constitution or other laws.
There shall be in the Supreme Court of Justice a Criminal Division for Persons
Holding Political Positions the quorum of which consists of nine judges of the
Supreme Court of Justice holding a position of not lower than Judge of
theSupreme Court of Justice and elected at a general meeting of the Supreme
Court of Justice by secret ballot and on a case-by-case basis.
The competence of the Supreme Court of Justice”s Criminal Division for
Persons Holding Political Positions and the criminal procedure for such persons
shall be as provided by this Constitution and the organic law on criminal
procedure for persons holding political positions.
Section ۲۷۳ []
The appointment and removal from office of a judge of a Court of Justice must
be approved by the Judicial Commission of the Courts of Justice before they are
tendered to the King.
The promotion٫ increase of salaries and punishment of judges of the Courts of
Justice must be approved by the Judicial
Commission of the Courts of Justice. For this purpose٫ the Judicial Commission
of the Courts of Justice shall appoint a sub-committee in each level of Courts
for preparing and presenting its opinion on such matter for consideration.
Section ۲۷۴ []
The Judicial Commission of the Courts of Justice consists of the following
persons:
۱) President of the Supreme Court of Justice as Chairman;
۲) twelve qualified members of all levels of Courts٫ four persons from each
level٫ who are judges of each level of Courts and elected by judicial officials
of all levels of Courts;
۳) two qualified members who are not or were not judicial officials and who are
elected by the Senate.
The qualifications٫ prohibitions and procedure for the election of the
qualified members shall be in accordance with the provisions of the law.
Section ۲۷۵ []
The Courts of Justice shall have an independent secretariat٫ with the
Secretary-General of the Office of the Courts of Justice as the superior
responsible directly to the President of the Supreme Court of Justice.
The appointment of the Secretary-General of the Office of the Courts of Justice
must be approved by the Judicial Commission of the Courts of Justice.
The Office of the Courts of Justice shall have autonomy in personnel
administration٫ budget and other activities as provided by law.
Part ۴ Administrative Courts
Section ۲۷۶ []
Administrative Courts have the powers to try and adjudicate cases of dispute
between a State agency٫ State enterprise٫ local government organisation٫ or
State official under the superintendence or supervision of the Government on
one part and a private individual on the other part٫ or between a State agency٫
State enterprise٫ local government organisation٫ or State official under the
superintendence or supervision of the Government on one part and another such
agency٫ enterprise٫ organisation or official on the other part٫ which is the
dispute as a consequence of the act or omission of the act that must be٫
according to the law٫ performed by such State agency٫ State enterprise٫ local
government organisation٫ or State official٫ or as a consequence of the act or
omission of the act under the responsibility of such State agency٫ State
enterprise٫ local government organisation or State official in the performance
of duties under the law٫ as provided by law.
There shall be the Supreme Administrative Court and Administrative Courts of
First Instance٫ and there may also be the Appellate Administrative Court.
Section ۲۷۷ []
The appointment and removal from office of an administrative judge must be
approved by the Judicial Commission of the Administrative Courts as provided by
law before they are tendered to the King.
Qualified persons in the field of law or the administration of the State
affairs may be appointed as judges of the Supreme Administrative Court. Such
appointment shall be made in the number of not less than one-third of the total
number of judges of the Supreme Administrative Court and must be approved by
the Judicial Commission of the Administrative Courts as provided by law and by
the Senate before it is tendered to the King.
The promotion٫ increase of salaries٫ and punishment of administrative judges
must be approved by the Judicial Commission of the Administrative Courts as
provided by law.
Section ۲۷۸ []
The appointment of an administrative judge as President of the Supreme
Administrative Court٫ shall٫ when already approved by the Judicial Commission
of the Administrative Courts and the Senate٫ be tendered by the Prime Minister
to the King for appointment.
Section ۲۷۹ []
The Judicial Commission of the Administrative Courts consists of the following
persons:
۱) President of the Supreme Administrative Court as Chairman;
۲) nine qualified members who are administrative judges and elected by
administrative judges among themselves;
۳) three qualified members٫ two of whom are elected by the Senate and the other
by the Council of Ministers.
The qualifications٫ prohibitions and procedure for the election of the
qualified members shall be in accordance with the provisions of the law.
Section ۲۸۰ []
The Administrative Courts shall have an independent secretariat٫ with the
Secretary-General of the Office of the Administrative Courts as the superior
responsible directly to the President of the Supreme Administrative Court.
The appointment of the Secretary-General of the Office of the Administrative
Courts must be approved by the Judicial Commission of Administrative Courts as
provided by law.
The Office of the Administrative Courts shall have autonomy in personnel
administration٫ budget and other activities as provided by law.
Part ۵ Military Courts
Section ۲۸۱ []
Military Courts have the powers to try and adjudicate military criminal cases
and other cases as provided by law.
The appointment and removal from office of military judges shall be as provided
by law.
Chapter IX Local Government
Section ۲۸۲ []
Subject to section ۱٫ the State shall give autonomy to the locality in
accordance with the principle of self-government according to the will of the
people in the locality.
Section ۲۸۳ []
Any locality which meets the conditions of self- government shall have the
right to be formed as a local government organisation as provided by law.
The supervision of a local government organisation must be exercised in so far
as it is necessary as provided by law but must be for protecting local
interests or the interests of the country as a whole; provided٫ however٫
that it shall not substantially affect the principle of self-government
according to the will of the people in the locality otherwise than as provided
by law.
Section ۲۸۴ []
All local government organisations shall enjoy autonomy in laying down policies
for their governance٫ administration٫ personnel administration٫ finance and
shall have powers and duties particularly on their own part.
The delineation of powers and duties between the State and a local government
organisation and among local government organisations themselves shall be in
accordance with the provisions of the law٫ havinggg particular regard to the
promotion of decentralisation.
For the purpose of the continual development of decentralisation to a higher
level٫ there shall be the law determining plans and
process of decentralisation٫ the substance of which shall at least provide for
the following matters.
۱) the delineation of powers and duties in the management of public services
between the State and a local government organisation and among local
government organisations themselves;
۲) the allocation of taxes and duties between the State and a local government
organisation٫ havinggg regard to burdens of the State vis-a-vis the local
government organisation and those among local government organisations
themselves;
۳) the setting up of a committee to perform the duties in (۱) and (۲)
consisting٫ in an equal number٫ of representatives of relevant Government
agencies٫ representatives of local government organisation and qualified
persons possessing the qualifications as provided by law.
In the case where the delineation of powers and duties and the allocation of
taxes and duties under (۱) and (۲) have been made for any local government
organisation٫ the committee under (۳) shall review them every five years as
from the date of the delineation of powers and duties or the date of the
allocation of taxes and duties٫ as the case may be٫ in order to consider the
suitability of the delineation of powers and duties and the allocation of taxes
and duties previously made٫ havinggg particular regard to the promotion of
decentralisation.
The proceeding under paragraph four shall be effective when the approval of the
Council of Ministers has been obtained and the National Assembly has been
notified thereof.
Section ۲۸۵ []
A local government organisation shall have a local assembly and local
administrative committee or local administrators.
Members of a local assembly shall be elected.
A local administrative committee or local administrators shall be directly
elected by the people or shall be from the approval of a local assembly.
An election of members of a local assembly and local administrative committee
or local administrators who must be directly elected by the people shall be
made by direct suffrage and secret ballot.
Members of a local assembly٫ local administrative committee or local
administrators shall hold office for the period of four years.
A member of a local administrative committee or local administrator shall not
be a Government official holding a permanent position or receiving a salary or
an official or employee of a State agency٫ State enterprise or local government
organisation.
The qualifications of the person havinggg the right to vote and the person
havinggg the right to apply for candidacy in an election of members of a local
assembly٫ members of a local administrative committee and local administrators
and rules and procedure therefor shall be in accordance with the provisions of
the law. In the case where there is a dissolution of a local assembly or where
members of a local assembly have vacated office en masse under section ۲۸۶ and
a local administrative committee or local administrators must be temporarily
appointed٫ the provisions of paragraph two٫ paragraph three and paragraph six
shall not apply٫ as provided by law.
Section ۲۸۶ []
If persons٫ havinggg the right to vote in an election in any local government
organisation٫ of not less than three-fourths of the number of the voters who
are present to cast ballot consider that any member of the local assembly or
any administrator of that local government organisation is not suitable to
remain in office٫ such member or administrator shall vacate the office٫ as
provided by law.
The voting under paragraph one shall be made by not less than one-half of the
total number of the persons havinggg the right to vote.
Section ۲۸۷ []
Persons٫ havinggg the right to vote in any local government organisation٫ of
not less than one-half of the total number of the persons havinggg the right
to vote in that local government organisation shall have the right to lodge
with the President of the local assembly a request for the issuance by the
local assembly of local ordinances.
The request under paragraph one shall be accompanied by the draft local
ordinances.
The rules and procedure for the lodge of request and the examination thereof
shall be as provided by law.
Section ۲۸۸ []
The appointment and removal of officials and employees of a local government
organisation shall be in accordance with the need of and suitability to each
locality and shall obtain prior approval from the Local Officials Committee٫ as
provided by law.
The Local Officials Committee under paragraph one shall consist٫ in an equal
number٫ of representatives of relevant Government agencies٫ representatives of
local government organisations and qualified persons possessing the
qualifications as provided by law.
The transfer٫ promotion٫ increase of salaries and the punishment of the
officials and employees of a local government organisation shall be in
accordance with the provisions of the law.
Section ۲۸۹ []
A local government organisation has the duty to conserve local arts٫ custom٫
knowledge or good culture.
A local government organisation has the right to provide education and
professional training in accordance with the suitability to and the need of
that locality and participate in the provision of education and training by the
State; provided that it shall not be contrary to section ۴۳ and section ۸۱٫
as provided by law.
In providing education and training in the locality under paragraph two٫ the
local government organisation shall also have regard to the conservation of
local arts٫ custom٫ knowledge and good culture.
Section ۲۹۰ []
For the purpose of promoting and maintaining the quality of the environment٫ a
local government organisation has powers and duties as provided by law.
The law under paragraph one shall at least contain the following matters as its
substance:
۱) the management٫ preservation and exploitation of the natural resources and
environment in the area of the locality;
۲) the participation in the preservation of natural resources and environment
outside the area of the locality only in the case where the living of the
inhabitants in the area may be affected;
۳) the participation in considering the initiation of any project or activity
outside the area of the locality which may affect the quality of the
environment٫ health or sanitary conditions of the inhabitant in the area.
Chapter X Inspection of the Exercise of State Power
Part ۱ Declaration of Accounts Showing Particulars of Assets and Liabilities
Section ۲۹۱ []
Persons holding the following political positions shall submit an account
showing particulars of assets and liabilities of themselves٫ their spouses and
children who have not yet become sui juris to the National Counter Corruption
Commission on each occasion of taking or vacating office:
۱) Prime Minister;
۲) Ministers;
۳) members of the House of Representatives;
۴) senators;
۵) other political officials;
۶) local administrators and members of a local assembly as provided by law.
The account under paragraph one shall be submitted together with the supporting
documents evidencing the actual existence of such assets and liabilities as
well as a copy of the personal income tax return of the previous fiscal year.
The declarer shall certify the accuracy of the account and copies of the
submitted documents by affixing his or her signature on every page thereof.
Section ۲۹۲ []
The account showing particulars of assets and liabilities under section ۲۹۱
shall disclose the particulars of assets and liabilities actually existing as
of the date of the submission thereof and shall be submitted within such time
as follows:
۱) in the case of the taking of office٫ within thirty days as from the date of
taking office;
۲) in the case of the vacation of office٫ within thirty days as from the date
of the vacation;
۳) in the case where the person under section ۲۹۱٫ who has already submitted
the account٫ dies while being in office or before submitting the same after the
vacation of office٫ an heir or an administrator of an estate of such person
shall submit an account showing the particulars of assets and liabilities
existing on the date of such person”s death within ninety days as from the
date of the death.
In addition to the submission of the account under (۲)٫ the person holding a
position of Prime Minister٫ Ministers٫ local administrator٫ member of a local
assembly or the person holding a political position but havinggg vacated
office shall also re-submit an account showing particulars of assets and
liabilities within thirty days as from the date of the expiration of one year
after the vacation of office.
Section ۲۹۳ []
When the account showing the particulars of assets and liabilities and its
supporting documents have been received٫ the President of the National Counter
Corruption Commission or the member of the National Counter Corruption
Commission as entrusted by the President shall affix his or her signature on
every page of the account.
The account and supporting documents under paragraph one submitted by the Prime
Minister and Ministers shall be disclosed to public without delay but not later
than thirty days as from the date of the expiration of the time limit for the
submission of such account. The account of the persons holding other positions
shall not be disclosed to any person unless the disclosure will be useful for
the trial and adjudication of cases or for the making of a decision and is
requested by the courts or the State Audit Commission.
The President of the National Counter Corruption Commission shall convene a
meeting of the Commission to inspect the accuracy and the actual existence of
assets and liabilities without delay.
Section ۲۹۴ []
In the case where the submission of the account is made by reason of the
vacation of office or death of any person holding a political position٫ the
National Counter Corruption Commission shall inspect the change of assets and
liabilities of such person and prepare a report of the inspection. Such report
shall be published in the Government Gazette.
In the case where it appears that the assets of the person under paragraph one
have unusually increased٫ the President of the National Counter Corruption
Commission shall send all documents together with the inspection report to the
Prosecutor General to institute an action in the Supreme Court of Justice”s
Criminal Division for Persons Holding Political Positions so that the unusually
increasing assets shall vest in the State. The provisions of section ۳۰۵
paragraph five shall apply mutatis mutandis.
Section ۲۹۵ []
Any person holding a political position who intentionally fails to submit the
account showing assets and liabilities and the supporting documents as provided
in this Constitution or intentionally submits the same with false statements or
conceals the facts which should be revealed shall vacate office as from the
date of the expiration of the time limit for the submission under section ۲۹۲
or as from the date such act is discovered٫ as the case may be٫ and such person
shall be prohibited from holding any political position for five years as from
the date of the vacation of office. When the case under paragraph one occurs٫
the National Counter Corruption Commission shall refer the matter to the
Constitutional Court for further decision٫ and when the decision of the
Constitutional Court is given٫ the provisions of section ۹۷ shall apply mutatis
mutandis.
Section ۲۹۶ []
The provisions of section ۲۹۱٫ section ۲۹۲٫ section ۲۹۳ paragraph one and
paragraph three and section ۲۹۵ paragraph one shall apply mutatis mutandis to
other State officials as provided by the organic law on counter corruption.
Part ۲ The National Counter Corruption Commission
Section ۲۹۷ []
The National Counter Corruption Commission consists of the President and eight
qualified members appointed by the King with the advice of the Senate.
Members of the National Counter Corruption Commission shall be persons of
apparent integrity٫ with qualifications and without any of the prohibitions
under section ۲۵۶. The provisions of section ۲۵۷ and section ۲۵۸ shall apply to
the selectttion and election of members of the National Counter Corruption
Commission mutatis mutandis. For this purpose٫ the selectttive Committee for
members of the National Counter Corruption Commission shall consist of fifteen
members٫ viz٫ the President of the Supreme Court of Justice٫ the President of
the Constitutional Court٫ the President of the Supreme Administrative Court٫
Rectors of all State higher education institutions which are juristic person٫
being elected among themselves to be seven in number٫ and representatives of
all political parties havinggg a member who is a member of the House of
Representatives; provided that each party shall have one representative and
all such representatives shall elect among themselves to be five in number. The
President of the Senate shall countersign the Royal Command appointing the
President and members of the National Counter Corruption Commission.
Section ۲۹۸ []
Members of the National Counter Corruption Commission shall hold office for a
term of nine years as from the date of their appointment by the King and shall
serve for only one term.
Members of the National Counter Corruption Commission who vacate office at the
expiration of term shall remain in office to continue to perform their duties
until the newly appointed members take office. Section ۲۶۰ and section ۲۶۱
shall apply to the vacation٫ selectttion and election of members of the
National Counter Corruption Commission mutatis mutandis.
Section ۲۹۹ []
Members of the House of Representatives of not less than one-fourth of the
total number of the existing members of the
House have a right to lodge with the President of the Senate a complaint that
any member of the National Counter Corruption Commission has acted unjustly٫
intentionally violated the Constitution or laws or has been under any
circumstance which is seriously detrimental to the dignity of the holding of
office٫ in order to request the Senate to pass a resolution removing him or her
from office.
The resolution of the Senate removing the member of the National Counter
Corruption Commission from office under paragraph one shall be passed by votes
of not less than three-fourths of the total number of the existing members of
the Senate.
Section ۳۰۰ []
Members of the House of Representatives٫ senators or members of both Houses of
not less than one-fourth of the total number of the existing members of both
Houses have a right to lodge with the Supreme Court of Justice”s Criminal
Division for Persons Holding Political Positions an allegation that any member
of the National Counter Corruption Commission has become unusually wealthy or
has committed an offence of corruption or malfeasance in office.
The request under paragraph one shall clearly٫ itemise the circumstance in
which such person has allegedly committed the act under paragraph one and shall
be submitted to the President of the Senate. When the President of the Senate
has received the said request٫ the President shall refer it to the Supreme
Court of Justice”s Criminal Division for Persons Holding Political Positions
for trial and adjudication.
The alleged member of the National Counter Corruption Commission shall not
perform his or her duty until the Supreme Court of Justice”s Criminal
Division for Persons Holding Political Positions has dismissed the said
request.
Section ۳۰۱ []
The National Counter Corruption Commission shall have the following powers and
duties:
۱) to inquire into facts٫ summarise the case and prepare opinion to be
submitted to the Senate according to section ۳۰۵;
۲) to inquire into facts٫ summarise the case and prepare opinions to be
submitted to the Supreme Court of Justice”s Criminal Division for Persons
Holding Political Positions in accordance with section ۳۰۸;
۳) to inquire and decide whether a State official has become unusually wealthy
or has committed an offence of corruption٫ malfeasance in office or malfeasance
in judicial office in order to take further action in accordance with the
organic law on counter corruption;
۴) to inspect the accuracy٫ actual existence as well as change of assets and
liabilities of the persons holding positions under section ۲۹۱ and section ۲۹۶
as stated in the account and supporting documents submitted;
۵) to submit an inspection report and a report on the performance of duties
together with remarks to the Council of Ministers٫ the House of Representatives
and the Senate annually and publish that report for dissemination;
۶) to carry on other acts as provided by law. Section ۱۴۶ and section ۲۶۵ shall
apply to the performance of duties of the National Counter Corruption
Commission mutatis mutandis.
Section ۳۰۲ []
The National Counter Corruption Commission shall have an independent
secretariat٫ with the Secretary-General of the National Counter Corruption
Commission as the superior responsible directly to the President of the
National Counter Corruption Commission.
The appointment of the Secretary-General of the National Counter Corruption
Commission shall be approved by the National Counter Corruption Commission and
the Senate.
The Office of the National Counter Corruption Commission shall have autonomy in
personnel administration٫ budget and other activities as provided by law.
Part ۳ The Removal from Office
Section ۳۰۳ []
A person holding a position of Prime Minister٫ Minister٫ member of the House of
Representatives٫ senator٫ President of the Supreme Court of Justice٫ President
of the Constitutional Court٫ President of the Supreme Administrative Court or
Prosecutor General٫ who is under the circumstance of unusual wealthiness
indicative of the commission of corruption٫ malfeasance in office٫ malfeasance
in judicial office or an intentional exercise of power contrary to the
provisions of the Constitution or law٫ may be removed from office by the
Senate.
The provisions of paragraph one shall also apply to the persons holding the
following positions:
۱) Election Commissioner٫ Ombudsman٫ judge of the Constitutional Court٫ and
member of the State Audit Commission;
۲) judge٫ public prosecutor or high ranking official in accordance with the
organic law on counter corruption.
Section ۳۰۴ []
Members of the House of Representatives of not less than one-fourth of the
total number of the existing members of the House or voters of not less than
fifty-thousand in number have the right to lodge with the President of the
Senate a complaint in order to request the Senate to pass a resolution under
section ۳۰۷ removing the persons under section ۳۰۳ from office. The said
request shall clearly itemise circumstances in which such persons have
allegedly committed the act.
Senators of not less than one-fourth of the total number of the existing
members of the Senate have the right to lodge with the President of the Senate
a complaint in order to request the Senate to pass a resolution under section
۳۰۷ removing a senator from office.
The rules٫ procedure and conditions for the lodging of the complaint by the
voters under paragraph one shall be in accordance with the organic law on
counter corruption.
Section ۳۰۵ []
Upon receipt of the request under section ۳۰۴٫ the President of the Senate
shall refer the matter to the National Counter Corruption Commission for
investigation without delay. When the investigation is complete٫ the National
Counter Corruption Commission shall prepare a report thereon for submission to
the Senate. The said report shall clearly state whether٫ and to what extent٫
the accusation put in the request is prima facie case and shall state the
reasons therefor. In the case where the National Counter Corruption Commission
is of the opinion that the accusation put in the request is an important
matter٫ the National Counter Corruption Commission may make a separate report
specifically on the said accusation and refer it to the Senate in advance. If
the National Counter Corruption Commission passes a resolution that the
accusation has a prima facie case٫ the holder of the position against whom the
accusation has been made shall not٫ as from the date of such resolution٫
perform his or her duties until the Senate has passed its resolution. The
President of the National Counter Corruption Commission shall submit the
report٫ existing documents and its opinion to the President of the Senate for
proceeding in accordance with section ۳۰۶ and to the Prosecutor General for
instituting prosecution in the Supreme Court of Justice”s Criminal Division
for Persons Holding Political Positions. If the National Counter Corruption
Commission is of the opinion that the accusation has no prima facie case٫ such
accusation shall lapse. In the case where the Prosecutor General is of the
opinion that
the report٫ documents and opinion submitted by the National Counter Corruption
Commission under paragraph four are not so complete as to institute
prosecution٫ the Prosecutor General shall notify the National Counter
Corruption Commission for further proceedings and٫ for this purpose٫ the
incomplete items shall be specified on the same occasion. In such case٫ the
National Counter Corruption Commission and the Prosecutor General shall appoint
a working committee٫ consisting of their representatives in an equal number٫
for collecting complete evidence and submit it to the Prosecutor General for
further prosecution. In the case where the working committee is unable to reach
a decision as to the prosecution٫ the National Counter Corruption Commission
shall have the power to prosecute by itself or appoint a lawyer to prosecute on
its behalf.
Section ۳۰۶ []
Upon receipt of the report under section ۳۰۵٫ the President of the Senate shall
convoke a sitting of the Senate for considering the said matter without delay.
In the case where the National Counter Corruption Commission submits the report
out of session of the Senate٫ the President of the Senate shall inform the
President of the National Assembly in order to tender a petition to the King
for the issuance of a Royal Command convoking an extraordinary session of the
National Assembly. The President of the Senate shall countersign the Royal
Command.
Section ۳۰۷ []
A senator shall have autonomy in casting a vote٫ which must be by secret
ballot. A resolution for the removal of any person from office shall be passed
by votes of not less than three-fifths of the total number of the existing
members of the Senate.
A person who is removed from office shall vacate office or be released from
government service as from the date of the resolution of the Senate. Such
person shall be deprived of the right to hold any political position or to
serve in the government service for five years.
The resolution of the Senate under this section shall be final and no request
for the removal of such person from office shall be made on the same ground٫
without٫ however٫ prejudice to the trial of the Supreme Court of Justice”s
Criminal Division for Persons Holding Political Positions.
Part ۴ Criminal Proceedings Against Persons Holding Political Positions
Section ۳۰۸ []
In the case where the Prime Minister٫ a minister٫ member of the House of
Representatives٫ senator or other political official has been accused of
becoming unusually wealthy٫ or of the commission of malfeasance in office
according to the Penal Code or a dishonest act in the performance of duties or
corruption according to other laws٫ the Supreme Court of Justice”s Criminal
Division for Persons Holding Political Positions shall have the competent
jurisdiction to try and adjudicate the case.
The provisions of paragraph one shall also apply to the case where the said
person or other person is a principal٫ an instigator or a supporter.
Section ۳۰۹ []
A person injured by the act under section ۳۰۸ shall have the right to lodge
with the National Counter Corruption Commission the petition for action to be
taken under section ۳۰۱ (۲) in accordance with the organic law on counter
corruption. The provisions of section ۳۰۵ paragraph one٫ paragraph four and
paragraph five shall apply mutatis mutandis.
Section ۳۱۰ []
In a trial٫ the Supreme Court of Justice”s Criminal Division for
Persons Holding Political Positions shall rely on the file of the National
Counter Corruption Commission and may conduct an investigation in order to
obtain additional facts or evidence as it thinks fit. The provisions of section
۲۶۵ shall apply to the performance of duties of the Supreme Court of
Justice”s Criminal Division for Persons Holding Political Positions mutatis
mutandis. The provisions on the immunity of members of the House of
Representatives and senators under section ۱۶۶ and section ۱۶۷ shall not apply
to a trial of the Supreme Court of Justice”s Criminal Division for Persons
Holding Political Positions.
Section ۳۱۱ []
An adjudication of a case shall be made by a majority of votes; provided
that every judge constituting the quorum shall prepare his or her written
opinion and make oral statements to the meeting prior to the passing of a
resolution.
The opinion shall at least contain the following particulars:
۱) name of the accused person;
۲) the matter on which the accusation is made;
۳) accusation and a summary of facts derived from trials;
۴) reasons given for the decision of both questions of law and questions of
fact;
۵) provisions of the law referred to;
۶) decision and actions to be taken in connection with the assets concerned٫ if
any.
Orders and decisions of the Supreme Court of Justice”s Criminal Division for
Persons Holding Political Positions shall be disclosed and final.
Chapter XI State Audit
Section ۳۱۲ []
The State audit shall be carried out by the State Audit Commission and the
Auditor-General who is independent and impartial.
The State Audit Commission consists of the Chairman and nine other members
appointed by the King with the advice of the Senate٫ from persons with
expertise and experience in state audit٫ accounting٫ internal audit٫ finance
and other fields.
The State Audit Commission shall have an independent secretariat٫ with the
Auditor-General as the superior responsible directly to the Chairman of the
State Audit Commission٫ as provided by the organic law on state audit.
The King shall appoint the Auditor-General with the advice of the Senate from
persons with expertise and experience in state audit٫ accounting٫ internal
audit٫ finance or other fields.
The President of the Senate shall countersign the Royal Command appointing the
Chairman and members of the State Audit Commission and the Auditor-General.
Members of the State Audit Commission shall hold office for a term of six years
from the date of their appointment by the King and shall serve for only one
term.
Qualifications٫ prohibitions٫ selectttion٫ election٫ and vacation of office of
members of the State Audit Commission and the Auditor-General as well as powers
and duties of the State Audit Commission٫ the Auditor-General and the Office of
the State Audit Commission shall be in accordance with the organic law on state
audit.
The determination of qualifications and procedure for the election of persons
to be appointed as members of the State Audit Commission and the
Auditor-General shall be made in the manner which can secure persons of
appropriate qualifications an integrity and which can provide for the guarantee
of the independence in the performance of duties of such persons.
Chapter XII Amendment of the Constitution
Section ۳۱۳ []
An amendment of the Constitution may be made only under the
rules and procedure as follows:
۱) a motion for amendment must be proposed either by the Council of Ministers
or members of the House of Representatives of not less than one-fifth of the
total number of the existing members of the House of Representatives or members
of both Houses of not less than one-fifth of the total number of the existing
members thereof. Members of the House of Representatives may propose or jointly
propose such motion only upon the resolutions of the political parties to which
they belong;
A motion for amendment which has the effect of changing the democratic regime
of government with the King as Head of the State or changing the form of the
State shall be prohibited;
۲) a motion for amendment must be proposed in the form of a draft Constitution
Amendment and the National Assembly shall consider it in three readings;
۳) the voting in the first reading for acceptance in principle shall be by roll
call and open voting٫ and the amendment must be approved by votes of not less
than one-half of the total number of the existing members of both Houses;
۴) the voting in the second reading for consideration section by section shall
be decided by a simple majority of votes;
۵) at the conclusion of the second reading٫ there shall be an interval of
fifteen days after which the National Assembly shall proceed with its third
reading;
۶) the voting in the third and final reading shall be by roll call and open
voting٫ and its promulgation as the Constitution must be approved by votes of
more than one-half of the total number of the existing members of both Houses;
۷) after the resolution has been passed in accordance with the above rules
and procedure٫ the draft Constitution Amendment shall be presented to the King٫
and the provisions of section ۹۳ and section ۹۴ shall apply mutatis mutandis.
[Chapter XIII] Transitory Provisions
Section ۳۱۴.
The Privy Council holding office on the date of the promulgation of this
Constitution shall be the Privy Council under the provisions of this
Constitution. During the termination of membership of senators en masse under
section ۳۲۳٫ the President of the Privy Council shall also act as the Privy
Council while the remainder of the Privy Council shall act as the National
Assembly under section ۱۹٫ section ۲۱٫ section ۲۲ and section ۲۳; provided
that section ۲۰ paragraph three and section ۲۴ paragraph three shall not apply.
The Privy Council shall elect one among themselves to act as President pro
tempore.
Section ۳۱۵ []
As from the date of the promulgation of this Constitution٫ the House of
Representatives under the Constitution of the Kingdom of Thailand٫ B.E. ۲۵۳۴ as
last amended by the Constitution Amendment (No. ۶)٫ B.E. ۲۵۳۹ shall act as the
House of Representatives under this Constitution until the date of the election
of members of the House of Representatives under section ۳۲۴; and the Senate
under the Constitution of the Kingdom of Thailand٫ B.E. ۲۵۳۴ as last amended by
the Constitution Amendment (No. ۶)٫ B.E.۲۵۳۹ shall act as the Senate under this
Constitution until the expiration of the period of four years٫ as from the date
of the appointment of senators by the King under paragraph five (۱) or the date
of the election of senators under paragraph five (۲)٫ as the case may be.
Members of the House of Representatives holding office on the date of the
promulgation of this Constitution shall be members of the House of
Representatives under this Constitution until the expiration of term of the
House٫ the dissolution thereof٫ or the termination of membership under section
۳۲۳٫ as the case may be. In the case where the office of a member of the House
of Representatives becomes vacant for any reason whatsoever٫ the
House shall consist of its remaining members.
Senators holding office on the date of the promulgation of this Constitution
shall be senators under this Constitution until membership of senators
terminates under the Constitution of the Kingdom of Thailand٫ B.E. ۲۵۳۴ as last
amended by the Constitution Amendment (No. ۶)٫ B.E. ۲۵۳۹ or under section ۳۲۳٫
as the case may be. In the case where the office of a senator becomes vacant
for any reason whatsoever٫ the Senate shall consist of the remaining senators.
Section ۱۰۷ (۳)٫ section ۱۱۸ (۷)٫ section ۱۲۱٫ section ۱۲۵ (۲) and (۳)٫ section
۱۲۶ (۲) and (۳)٫ section ۱۲۷٫ section ۱۳۰ and section ۱۳۴ shall not apply to
the members of the House of Representatives under paragraph two and the
senators under paragraph three. In the case where membership of senators under
paragraph three has been caused to have terminated en masse under paragraph
three٫ there shall be the first election of senators under this Constitution as
follows: ۱) in the case where membership of senators terminates at the
expiration of a term of four years as from the date of their appointment by the
King٫ the election shall be held within sixty days before the expiration of the
term of four years. In such case٫ the term of the Senate and membership of the
elected senators shall commence as from the date of the termination of
membership of senators under paragraph three;
۲) in the case where membership of senators has terminated under section ۳۲۳٫
the election shall be held in accordance with the organic law on election of
members of the House of Representatives and senators. If such law has not yet
been enacted٫ the law on election of members of the House of Representatives as
in force on the date of the promulgation of this Constitution shall apply in so
far as it is not contrary to or inconsistent with this Constitution;
provided that a term “member of the House of Representatives” shall be replaced
by the term ”senator” everywhere it appears and that the Chairman of the
Election Commission appointed under section ۳۱۹ shall have charrrge and
control of the execccution of such law. In the case where the Election
Commission is of the opinion that any provision of the law on election of
members of the House of Representatives is contrary to٫ or inconsistent with٫
or does not correspond with this Constitution٫ the Election Commission shall
have the power to lay down necessary regulations in substitution of that
provision in order for the election to proceed in an honest and fair manner.
Such regulations and opinions that the provision of the said law is contrary
to٫ or inconsistent with٫ or does not correspond with this Constitution shall
be referred to the Constitution Court for consideration of their
constitutionality before their publication in the Government Gazette.
The election of senators under (۲) shall be held within ninety days as from the
expiration of two hundred and forty days from the date of the promulgation of
this Constitution and shall not be done on the same date as that of the
election of members of the House of Representatives under section ۳۲۴.
Section ۳۱۶ []
The President and Vice-Presidents of the House of Representatives and the
Leader of the Opposition in the House of Representatives holding office on the
date of the promulgation of this Constitution shall be the President٫
Vice-Presidents and Leader of the Opposition of the House of Representatives
under this Constitution.
The President and Vice-Presidents of the Senate holding office on the date of
the promulgation of this Constitution shall be the President and Vice-
Presidents of the Senate under this Constitution until the expiration of term
of the Senate under section ۳۱۵ or the vacation of office before the expiration
of term under section ۳۲۳.
Parliamentary committees carrying out duties on the date of the promulgation of
this Constitution shall be the parliamentary
committees under this Constitution.
The rules of procedure of the House of Representatives٫ the rules of procedure
of the Senate and the rules of procedure of the National Assembly as in force
on the date of the promulgation of this Constitution shall continue to be in
force in so far as it is not contrary to or inconsistent with this Constitution
and shall cease to be in force upon any of the following circumstances:
۱) the termination or dissolution of the House of Representatives under section
۳۱۵ paragraph one or the occurrence of the circumstance under section ۳۲۳;
۲) the issuance of new rules of procedure of the Senate in accordance with this
Constitution٫ which must not be later than two hundred and forty days as from
the date of the promulgation of this Constitution; or
۳) the issuance of new rules of procedure of the National Assembly in
accordance with the Constitution٫ which must not be later than two hundred and
forty days as from the date of the convocation of the National Assembly after
the first general election of members of the House of Representatives under
this Constitution.
Section ۳۱۷ []
The Council of Ministers carrying out the administration of the State affairs
on the date of the promulgation of this Constitution shall be the Council of
Ministers under this Constitution.
The provisions of section ۱۵۶ of the Constitution of the Kingdom of Thailand٫
B.E. ۲۵۳۴ as last amended by the Constitution Amendment (No. ۶)٫ B.E. ۲۵۳۹
shall apply to a debate for a vote of no-confidence in an individual Minister
and the Council of Ministers under paragraph one or to a debate for a vote of
no-confidence in an individual Minister and in the Council of Ministers newly
appointed while the election of members the House of Representatives under
section ۳۲۴ has not yet been held٫ as the case may be. If the vote of no-
confidence has passed by the prescribed number of votes٫ the Minister or the
Council of Ministers shall vacate office.
When the election of members the House of Representatives has been held under
section ۳۲۴٫ the Council of Ministers under paragraph one or the Council of
Ministers appointed before the election under section ۳۲۴٫ as the case may be٫
shall vacate office; provided that such Council of Ministers shall continue
to perform duties until the newly appointed Council of Ministers has taken
office.
The provisions of section ۱۱۸ (۷)٫ section ۱۲۷٫ section ۲۰۱٫ section ۲۰۲٫
section ۲۰۳٫ section ۲۰۴٫ section ۲۰۶ (۲)٫ (۳) and (۶)٫ section ۲۰۹٫ section
۲۱۵ paragraph four and section ۲۱۶ (۵) shall not apply to the holding and the
vacation of office of the Prime Minister and Ministers under this section.
Section ۳۱۸ []
In the initial period٫ the Judicial Commission under the law on judicial
service shall be the Judicial Commission of the Courts of Justice under this
Constitution until the Judicial Commission of the Courts of Justice under
section ۲۷۴ is constituted. The election of members of the Judicial Commission
shall be in accordance with the law on judicial service.
All necessary acts for the implementation of section ۲۷۴ of this Constitution
shall be carried out within three years as from the date of the promulgation of
this Constitution.
Section ۳۱۹ []
In the initial period٫ the Senate shall elect the Election Commissioners under
section ۱۳۶ within thirty days as from the date of the promulgation of this
Constitution; provided that the period of time prescribed under section ۱۳۸
shall not apply.
In the initial period in which there is no the President of the Supreme
Administrative Court٫ the selectttive Committee for Election Commissioners
shall have nine members consisting of Rectors of all State higher education
institutions which are
juristic persons٫ being elected among themselves to be five in number٫
representatives of all political parties havinggg a member who is a member of
the House of Representatives; provided that each party shall have one
representative and all such representatives shall elect among themselves to be
four in number.
While the organic law on the Election Commission has not yet been promulgated٫
the Election Commission shall lay down necessary regulations for the
performance of its duties under this Constitution. Such regulations shall be
submitted to the Constitutional Court for consideration of their
constitutionality before their publication in the Government Gazette and shall
be in force until the organic law on the Election Commission comes into force.
Section ۳۲۰ []
In the initial period٫ the Constitutional Council under the Constitution of the
Kingdom of Thailand٫ B.E. ۲۵۳۴ as last amended by the Constitution Amendment
(No. ۶)٫ B.E. ۲۵۳۹ shall be the Constitutional Court under this Constitution
until the Constitutional Court under paragraph two has been established.
In the initial period٫ there shall be an election of judges of the C
onstitutional Court under section ۲۵۵ and section ۲۵۷ within forty five days as
from the date of the promulgation of this Constitution.
While there is no the Supreme Administrative Court٫ section ۲۵۵(۲) shall not
apply and the Constitutional Court shall consist of the President of the
Constitutional Court and twelve judges of the Constitutional Court appointed by
the King from persons under section ۲۵۵(۱)٫ (۳) and (۴).
Section ۳۲۱ []
The Commission of Counter Corruption and the Office of the Commission of
Counter Corruption under the law on counter corruption shall be the National
Counter Corruption Commission and the Office of the National Counter Corruption
Commission under this Constitution٫ as the case may be٫ until the National
Counter Corruption Commission has been appointed or the Office of the National
Counter Corruption Commission has been established in accordance with the
provisions of this Constitution٫ which shall be done within two years as from
the date of the promulgation of this Constitution.
For the purpose of implementing this Constitution٫ the National Counter
Corruption Commission under paragraph one shall prescribe necessary regulations
for the performance of its duties under this Constitution. Such regulations
shall be submitted to the Constitutional Court for consideration of their
constitutionality before their publication in the Government Gazette and shall
be in force until the organic law on counter corruption comes into force.
In the initial period٫ while there is no the President of the Supreme
Administrative Court٫ the selectttive Committee for members the National
Counter Corruption Commission under section ۲۹۷ paragraph three shall have
fourteen members consisting the President of the Supreme Court of Justice٫ the
President of the Constitutional Court٫ Rectors of all State higher education
institutions which are juristic persons٫ being elected among themselves to be
seven in number٫ and representatives of all political parties havinggg a
member who is a member of the House of Representatives; provided that each
party shall have one representative and all such representatives shall elect
among themselves to be five in number.
Section ۳۲۲ []
In the initial period٫ Election Commissioners٫ Ombudsmen٫ members of the
National Human Rights Commission٫ judges of the Constitutional Court٫ members
of the National Counter Corruption Commission and members of the State Audit
Commission٫ who are elected by the resolution of the Senate
under section ۳۱۵ paragraph three٫ shall hold office for half a period of the
term designated for such office. For the purpose of the first election of such
persons by the Senate elected under this Constitution٫ the provisions allowing
the holding of such office for only one term shall not apply Before the
election of senators under this Constitution٫ the removal of persons from
office under this Constitution shall be made by a resolution of a joint sitting
of the House of Representatives and the Senate under section ۳۱۵٫ and section
۱۰۹(۱۴)٫ section ۱۱۸(۱۰)٫ section ۱۳۳(۸)٫ section ۱۴۱(۵)٫ section ۱۶۸(۳)٫
section ۲۱۶(۸)٫ section ۲۶۰(۶)٫ section ۲۹۹٫ section ۳۰۳٫ section ۳۰۴ and
section ۳۰۷ shall apply mutatis mutandis.
Section ۳۲۳ []
Within two hundred and forty days as from the date of the promulgation of this
Constitution٫ the National Assembly shall complete the consideration and
approval of the organic law bill on the election of members of the House of
Representatives and senators٫ the organic law bill on the Election Commission٫
and the organic law bill on political parties; provided that the House of
Representatives shall not be dissolved during such period.
The act under paragraph one shall be proceeded as follows: ۱) the House of
Representatives shall complete the consideration of the organic law bills under
paragraph one within one hundred and twenty days as from the date of the
promulgation of this Constitution. In the case where such period of time has
expired but the consideration of all the organic law bills under paragraph one
has not yet been completed٫ membership of members of the House of
Representatives shall terminate en masse and there shall not be a general
election under this Constitution until all the organic law bills under
paragraph one have been approved٫ or unless it is the case under section ۳۲۴.
In such cases٫ the Senate shall act as the National Assembly and shall complete
the introduction and consideration of such organic law bills within ninety days
as from the day following the expiration of the period of one hundred and
twenty days after the date of the promulgation of this Constitution; ۲) in
the case where the House of Representatives has considered all the organic law
bills under paragraph one within the time prescribed under (۱)٫ the Senate
shall complete the consideration of such bills within ninety days as from the
date of receiving them; ۳) in the case where the Senate is unable to
complete the consideration of all the organic law bills under paragraph one
within the time prescribed under (۱) or (۲)٫ membership of all senators shall
terminate en masse. Any organic law bill which has been approved by the House
of Representatives shall be deemed to have been approved by the National
Assembly٫ and section ۹۳ and section ۹۴ shall apply to such bill mutatis
mutandis. When the organic law bill has been٫ or is deemed to have been٫
approved by the National Assembly under this section٫ the Prime Minister shall
proceed in accordance with section ۹۳ forthwith٫ and the time prescribed in
section ۹۳ shall not apply.
The provisions of section ۱۶۹ in so far as it concerns a money bill shall not
apply to the introduction and consideration of the organic law bills under
paragraph one by members of the House of Representatives or the senators under
paragraph (۱) and (۲).
Section ۱۶۸ shall not apply to the proceeding under this section.
Section ۳۲۴ []
An election of members of the House of Representatives shall be held upon any
of the following circumstances:
۱) in the case where all organic law bills have been approved by the National
Assembly within the time prescribed in section ۳۲۳ paragraph one٫ or by the
House of Representatives or the Senate acting as the National Assembly under
section ۳۲۳ within the time prescribed in the section ۳۲۳٫ the Election
Commission under section ۳۱۹ shall hold an election under this Constitution
within sixty days as from the date of the expiration
of term or the dissolution of the House of Representatives٫ or when the
circumstance under section ۳۲۳ occurs;
۲) in the case where the House of Representatives and the Senate are unable to
complete the consideration and approval of the organic law bills under section
۳۲۳ paragraph one within the prescribed time٫ an election of members of the
House of Representatives under this Constitution shall be held within ninety
days as from the date of the expiration of the time under section ۳۲۳ paragraph
one. The law on the election of members of the House of Representatives as in
force on the date of the promulgation of this Constitution shall apply to the
election in so far as it is not contrary to or inconsistent with this
Constitution and٫ for this purpose٫ the Chairman of the Election Commission
established under section ۳۱۹ shall have charrrge and control of the
execccution of such law٫ and in the case where the Election Commission is of
the opinion that any provision of the law on the election of members of the
House of Representatives is contrary to or inconsistent with this Constitution٫
the Election Commission shall have the power to prescribe necessary regulations
in substitution of that provision in order to enable the election to proceed in
an honest and fair manner. Such regulations and the opinion that such provision
of law is contrary to or inconsistent with this Constitution shall be submitted
to the Constitutional Court for consideration of their constitutionality before
their publication in the Government Gazette. When the election of members of
the House of Representatives and senators have been held under this
Constitution but the organic laws under section ۳۲۳ paragraph one have not yet
been all enacted٫ the House of Representatives and the Senate shall consider
the approval of the bills not yet enacted under section ۳۲۳; provided that
the time limit shall commence as from the date of the general election of
members of the House of Representatives and the provisions of (۲) and section
۳۱۵ paragraph five (۲) shall apply mutatis mutandis.
Section ۳۲۵ []
The period of time under section ۱۰۷(۴) shall not apply to the first general
election of members of the House of Representatives after the promulgation of
this Constitution.
Section ۳۲۶ []
In addition to the provisions of this Constitution٫ the organic law on the
election of members of the House of Representatives and senators shall at least
contain the following matters as its substance:
۱) the declaration of the reason for inability to be present to vote and the
provision of facilities for the election;
۲) the permission of persons havinggg the right to vote under section ۱۰۵
paragraph two to cast ballot;
۳) the preparation of name-list of candidates in an election on a party-list
basis٫ inspection٫ and deletion from candidacy of repeated names of candidates
and the publicity of names of candidates listed;
۴) the prescriptttion of the form of ballot-papers٫ in which space shall be
provided for an entry of a mark indicating the intention to cast a ballot for
no candidate٫ and the publicity of the number of persons intending to cast
ballot for no candidate;
۵) the support of an election of members of the House of Representatives and
the introduction of candidates in an election of senators by the State
including the procedure under which the introduction of candidates in an
election of senators can be made by the candidates themselves or by other
persons;
۶) the limitation of electoral expenditure by a candidate٫ the appointment of a
treasurer by a candidate٫ the inspection of electoral expenditure and the
declaration of the result of the inspection;
۷) the counting of votes and the announcement of the result of the
vote-counting in an election of members of the House of Representatives in each
constituency٫ which must be done
openly in only one place unless otherwise provided by the Election Commission
due to the necessity in a particular locality;
۸) the counting of votes and the announcement of the result of the
vote-counting in an election of senators;
۹) the announcement of the name of the elected person from the candidates in an
election on a party-list basis and the elevation of the person whose name is
listed in the next order to replace the elected person who vacates office.
Section ۳۲۷ []
In addition to the provisions of this Constitution٫ the organic law on the
Election Commission shall at least contain the following matters as its
substance:
۱) powers and duties of the Election Commission;
۲) the activities to be carried out by the Election Commission٫ which shall at
least include the division of constituencies٫ the procurement of rolls of
voters and the re-counting of votes;
۳) the provision of education to the people on the democratic regime of
government with the King as Head of the State;
۴) the investigation٫ inquiry and decision process of the Election Commission;
۵) the bringing of a lawsuit before the Court by the Election Commission in
respect of offences relating to an election or political parties;
۶) the co-operation to be given to the Election Commission by Courts٫ public
prosecutors٫ inquiry officials٫ or other State agencies;
۷) the acknowledgement and appointment of representatives of private
organisations for the purpose of the supervision of an election;
۸) the establishment of an independent secretariat to carry out activities in
connection with personnel administration٫ budget and other activities٫ with the
Chairman of the Election Commission as the highest superior;
۹) the commencement of the time at which the Election Commission may control٫
hold or cause to be held٫ an election of a local assembly or local
administrators٫ which shall not be later than ten years as from the date of the
promulgation of this Constitution.
Section ۳۲۸ []
In addition to the provisions of this Constitution٫ the organic law on
political parties shall at least contain the following matters as its
substance:
۱) the formation of a political party٫ which shall be carried out by at least
not less than fifteen persons٫ and the entry of the formation of a political
party in the Register of Political Parties;
۲) the dissolution of a political party; provided that failure of a
political party to send candidates to stand for election or to have a member
who has been elected in an election shall not be invoked as a ground for the
dissolution;
۳) the conduct of activities of a political party and the preparation of report
on the operation of a political party;
۴) the support to be given by the State in the formation and the development of
branches of a political party;
۵) financial support or other benefits to be given by the State to a political
party٫ the limitation of expenditure of a political party in an election٫ and
the control of the donation to a political party;
۶) the examination of a financial status of a political party including the
examination and the disclosure of income sources and expenditure of a political
party;
۷) the preparation of an account indicating revenues and expenses of a
political party and an account indicating assets and liabilities of a political
party٫ which must disclose its income sources and annual expenditure in every
calendar year٫ for submission to the Election Commission for examination and
publication.
Section ۳۲۹ []
Within two years as from the date of the promulgation of this Constitution٫ the
following organic laws shall be enacted:
۱) the organic law on Ombudsmen;
۲) the organic law on counter corruption;
۳) the organic law on criminal procedure for persons holding political
positions;
۴) the organic law on the State audit;
۵) the organic law on referendum.
Section ۳۳۰ []
In addition to the provisions of this Constitution٫ the organic law on
Ombudsmen shall at least contain the following matters as its substance:
۱) the performance of duties of the Ombudsman;
۲) the co-operation to be given to the Ombudsmen by Courts٫ public prosecutors٫
inquiry officials٫ or other State agencies;
۳) qualifications of and procedure for the appointment of the Secretary-General
of the Office of the Ombudsmen;
۴) powers and duties of the Office of the Ombudsmen.
Section ۳۳۱ []
In addition to the provisions of this Constitution٫ the organic law on counter
corruption shall at least contain the following matters as its substance:
۱) the descriptttion of charrracters of unusual wealthiness and acts
amounting to corruption;
۲) the prohibition of the commission of an act representing a conflict between
personal interests and public interests for which holders of political
positions or other State officials must be accountable both during the currency
of office and after the vacation of office;
۳) positions and classes of judges or public prosecutors٫ and positions and
ranks of Government officials٫ officials and holders of other positions in
respect of which a declaration of assets and liabilities is required or from
which removal may be made under this Constitution;
۴) the provision for the declaration by holders of political positions and
other State officials of assets and liabilities together with the supporting
documents٫ rules for the consideration and inspection of such assets and
liabilities every certain period of time٫ and rules for the disclosure of the
account of assets and liabilities;
۵) the procedure for making an accusation that a holder of a political position
or State official has been unusually wealthy٫ corrupted٫ or committed
malfeasance in office or malfeasance in judicial office or an act indicative of
such circumstances; provided that the circumstances٫ evidence or clues shall
reasonably be stated;
۶) the procedure for the investigation of facts and preparation of a file in
the case where a holder of a political position is accused٫ havinggg regard to
the status of the position by virtue of which a high degree of
favour-or-disfavour powers can be exercised and to reasonable protection of the
person accused;
۷) the procedure of the Senate for the removal of persons from office٫ which
shall be open except where it is necessary for the protection of important
public interests or where a resolution shall be made by secret ballot;
۸) the procedure for investigating and giving decision in the case where a
State official has been unusually wealthy٫ committed corruption or malfeasance
in office or malfeasance in judicial office; provided that the procedure to
be prescribed shall be suitable to the rank of the position and reasonable
protection of the accused person;
۹) the institution of a criminal action against other State official not
holding a political position in a Court havinggg competent jurisdiction to try
and decide criminal cases;
۱۰) the co-operation to be given to the National Counter Corruption Commission
by Courts٫ inquiry officials or Government agencies;
۱۱) the proceeding under section ۳۰۵ paragraph five for the initiation of an
action including the power to bring the accused person to trial;
۱۲) rules and procedure for compensation for assets in the case where such
assets have been transferred or removed;
۱۳) penalties to be inflicted on the President or a member of the National
Counter Corruption Commission in the case of the commission of an unjust act٫
corruption٫ malfeasance in office٫ which must not be less than twice heavier
penalties than those provided in the law prescribing such offences.
Section ۳۳۲ []
In addition to the provisions of this Constitution٫ an organic law on criminal
procedure for persons holding political positions shall at least contain the
following matters as its substance:
۱) competence of the Supreme Court of Justice”s Criminal Division for
Persons Holding Political Positions;
۲) criminal procedure for holders of political positions٫ which shall be
founded upon the inquisitorial system as to which the file-brief prepared by
the National Counter Corruption Commission shall principally be relied on and
the principles of equal hearing and right of defence of the accused persons
shall be observed;
۳) open trials except where it is necessary for the protection of important
public interests;
۴) the prohibition of repetitious or duplicate institution of actions for the
same offence;
۵) the appointment of a person to institute prosecution under section ۳۰۵;
۶) execccution of orders or judgements of the Supreme Court of Justice”s
Criminal Division for Persons Holding Political Positions;
۷) other matters necessary for the expeditious and fair trial and adjudication
of cases and٫ in particular٫ for the co-operation to be given to the Supreme
Court of Justice”s Criminal Division for Persons Holding Political Positions
by other Courts٫ inquiry officials٫ or other State agencies.
Section ۳۳۳ []
In addition to the provisions of this Constitution٫ the organic law on State
audit shall at least contain the following matters as its substance:
۱) the powers and duties of the State Audit Commission٫ viz٫ the policy-making٫
the provision of advice and recommendations٫ the recommendation for the
correction of defects and errors in the State audit٫ the prescriptttion of
standard rules for the State audit٫ the prescriptttion of rules and procedure
for disciplinary actions in budget and finance٫ the prescriptttion of
administrative penalties٫ the consideration and decision٫ in the capacity as
the highest organ٫ of disciplinary liability as well as budget and financial
liability and the selectttion of a person suitable to be the Auditor-General;
۲) the performance of duties of members of the State Audit Commission and the
Auditor-General;
۳) the establishment of the Office of the State Audit Commission which has
autonomy in its personnel administration٫ budget٫ work performance and other
activities.
Section ۳۳۴ []
In the initial period٫ the following acts shall be accomplished within the time
limit hereunder provided:
۱) the laws under section ۶۸٫ section ۱۹۹٫ section ۲۰۰٫ section ۲۴۸٫ section
۲۷۰٫ section ۲۷۵ and section ۲۸۴ paragraphs two and paragraph three shall be
enacted within two years as from the date of the promulgation of this
Constitution;
۲) within two years as from the date of promulgation of this Constitution٫
there shall be enacted the law prescribing rules for the transfer of a judge of
a Court of Justice who will be sixty years of age in any fiscal year to be a
senior judge sitting in a Court of First Instance as from the day following the
date of the
end of such fiscal year in which he or she reaches the age of sixty until the
end of the fiscal year in which such person becomes sixty five years of age.
Any such senior judge who٫ upon the appraisal as provided by law٫ is still
capable of performing duties shall continue to hold office until the end of the
fiscal year in which such person becomes seventy years of age;
۳) the Administrative Courts under section ۲۷۶ shall be established within two
years as from the date of the promulgation of this Constitution;
۴) the local administrative committee or local administrators elected by direct
suffrage or with the approval of the local assembly under section ۲۸۵ paragraph
three shall be caused to be in existence within two years as from the date of
the promulgation of this Constitution٫ except for the case under section ۳۳۵
(۷).
Section ۳۳۵ []
In the initial period٫ the following provisions shall not apply to the
following cases: ۱) the provisions of section ۲۹ paragraph two and paragraph
three shall not apply to the law as in force on the date of the promulgation of
this Constitution or already approved by the National Assembly before the date
of the promulgation of this Constitution. If there is enactment of a new law on
that matter or there is any amendment to such law٫ it shall comply with section
۲۹; provided that this requirement shall also apply to rules or regulations
issued by virtue of the provisions of the law mutatis mutandis; ۲) the
provisions of section ۴۰ shall not apply until the law implementing such
provisions has been enacted٫ which shall not be later than three years as from
the date of the promulgation of this Constitution; provided that such law
shall not affect any licence٫ concession٫ or contract valid on the date such
law comes into force until the expiration of such licence٫ concession٫ or
contract;
۳) the provisions of section ۴۳ paragraph one shall not apply until the
implementation of such provisions has been carried out٫ which shall not be
later than five years as from the date of the promulgation of this
Constitution;
۴) the provisions of section ۱۷۰ and section ۲۰۹ shall not apply until the law
implementing such provisions has been enacted٫ which shall not be later than
two years as from the date of the promulgation of this Constitution;
۵) the provisions of section ۲۳۶ and section ۲۴۹ paragraph three and paragraph
five shall not apply to a trial of the Courts of Justice and section ۲۷۳
paragraph two shall not apply to the Judicial Commission under section ۳۱۸;
provided that action shall be taken in implementation of such provisions not
later than five years as from the date of the promulgation of this
Constitution;
۶) the provisions of section ۲۳۷ shall not apply until the law has been amended
in implementation of such provisions٫ which shall not be later than five years
as from the date of the promulgation of this Constitution;
۷) the provisions of section ۲۸۵ paragraph two and paragraph three shall not
apply to members or the administrator of Tambon Administrative Organisation ex
officio who hold office on the date of the promulgation of this Constitution
until the expiration of the term of office of members elected by the Council of
such Tambon Administrative Organisation;
۸) the provisions of section ۲۸۸ paragraph two shall not apply to the
composition of the Local Officials Committee until the law has been amended or
enacted in implementation of such provisions٫ which shall not be later than two
years as from the date of the promulgation of this Constitution.
Section ۳۳۶ []
When the period of five years as from the date of the promulgation of this
Constitution has elapsed٫ the Election
Commission٫ the Constitutional Court٫ or the National Counter Corruption
Commission shall have the power to submit to the National Assembly or the
Council of Ministers a report presenting opinions on the amendment of this
Constitution or other laws.
{ Countersigned by: Wanmuhamadnoor Matha President of the National Assembly }
{ Certified correct translation: Dr. Ackaratorn Chularat٫ Secretary-General of
the Council of State Office of the Council of State }