draft constitution of the kingdom of thailand · tofc xref index draft constitution of the kingdom...

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Draft Constitution of the Kingdom of Thailand

2016

Unofficial English Translation

This unofficial translation is provided as a public service through a collaboration of:

Office of the United Nations Resident

Coordinator in Thailand

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This unofficial translation was made possible through the collaboration and

contributions of International IDEA (Australia), International Commission of Jurists

(Thailand) and the Office of the United Nations Resident Coordinator in Thailand

(Thailand). Additional technical input was provided by Ms. Eugénie Mérieau,

Science Po, Paris (France).

This unofficial translation would not have been possible without the contributions

of the following individuals: Kingsley Abbott (Senior International Legal Advisor,

Southeast Asia) and Jintana Sakulborirak (Associate National Legal Advisor) with

the International Commission of Jurists in Bangkok, Thailand; Leena Rikkilä Tamang

(Regional Director for Asia & the Pacific), Adhy Aman (Senior Programme Officer,

Asia & the Pacific) with International IDEA in Canberra, Australia, and Sakool

Zuesongdham (Consultant Translator to International IDEA) in Bangkok, Thailand;

Michael L. Bäk (Advisor to the United Nations Resident Coordinator) with the United

Nations in Thailand and Sunee Sakaorat (Consultant Translator to the United

Nations) in Bangkok, Thailand; and Ms. Eugénie Mérieau, Science Po (Paris, France).

For any feedback regarding this unofficial translation, please contact Michael L. Bäk

([email protected]), Advisor to the United Nations Resident Coordinator in

Thailand.

June 2016

The document contained herein was prepared originally in the Thai language by the Constitution Drafting

Commission of the Kingdom of Thailand and released to the public in March 2016. This is an unofficial

translation provided for reference only. It is provided for educational purposes and contains no legal

authority. International IDEA, International Commission of Jurists and the United Nations (including any of

their staff or consultants) shall not assume any responsibility for any liabilities arising from the use and/or

reference of this text. The original Thai text as formally published by the Royal Thai Government shall in all

events remain the sole authority having legal force.

mailto:[email protected]

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CONTENTS

SUMMARY TABLE OF CONTENTS ........................................................................................ ii

DETAILED TABLE OF CONTENTS ......................................................................................... iv

Draft Constitution of the Kingdom of Thailand ................................................................... 1

SECTION CROSS-REFERENCES ......................................................................................... 128

INDEX .............................................................................................................................. 130

A ......................................................................................................................... 130

B ......................................................................................................................... 131

C ......................................................................................................................... 133

D ......................................................................................................................... 139

E ......................................................................................................................... 141

F.......................................................................................................................... 142

H ......................................................................................................................... 143

I .......................................................................................................................... 146

J .......................................................................................................................... 146

K ......................................................................................................................... 147

L .......................................................................................................................... 147

M ........................................................................................................................ 148

N ......................................................................................................................... 149

O ......................................................................................................................... 152

P ......................................................................................................................... 153

R ......................................................................................................................... 157

S.......................................................................................................................... 159

T ......................................................................................................................... 163

U ......................................................................................................................... 163

V ......................................................................................................................... 164

W ........................................................................................................................ 164

NOTE: The tables of contents, table of cross-references, index, and hyperlinks in this document have been

added to the draft-Constitution translation prepared by the organizations identified on the cover and inside

front cover. Those organizations are not responsible for any errors in these added features.

Doug

Typewritten Text

2016-07-08 0440

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SUMMARY TABLE OF CONTENTS

PREAMBLE ........................................................................................................................... 1

CHAPTER I ........................................................................................................................... 4

General Provisions ............................................................................................................. 4

CHAPTER II .......................................................................................................................... 6

The King ............................................................................................................................. 6

CHAPTER III ....................................................................................................................... 10

Rights and Liberties of the Thai People ........................................................................... 10

CHAPTER IV ....................................................................................................................... 18

Duties of the Thai People ................................................................................................ 18

CHAPTER V ........................................................................................................................ 19

Duties of the State ........................................................................................................... 19

CHAPTER VI ....................................................................................................................... 24

Policies of the State ......................................................................................................... 24

CHAPTER VII ...................................................................................................................... 29

National Assembly ........................................................................................................... 29

Part 1 .......................................................................................................................... 29

General Provisions .................................................................................................... 29

Part 2 .......................................................................................................................... 31

The House of Representatives .................................................................................. 31

Part 3 .......................................................................................................................... 43

The Senate ................................................................................................................ 43

Part 4 .......................................................................................................................... 46

Provisions Applicable to Both Houses ...................................................................... 46

Part 5 .......................................................................................................................... 65

Joint Sittings of the National Assembly .................................................................... 65

CHAPTER VIII ..................................................................................................................... 66

Council of Ministers ......................................................................................................... 66

CHAPTER IX ....................................................................................................................... 75

Conflict of Interests ......................................................................................................... 75

continued

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CHAPTER X ........................................................................................................................ 78

The Courts ....................................................................................................................... 78

Part 1 .......................................................................................................................... 78


Part 2 .......................................................................................................................... 79

Courts of Justice ........................................................................................................ 79

Part 3 .......................................................................................................................... 81

Administrative Courts ............................................................................................... 81

Part 4 .......................................................................................................................... 81

Military Courts .......................................................................................................... 81

CHAPTER XI ....................................................................................................................... 82

The Constitutional Court ................................................................................................. 82

CHAPTER XII ...................................................................................................................... 89

Constitutional Organizations ........................................................................................... 89

Part 1 .......................................................................................................................... 89


Part 2 .......................................................................................................................... 91

The Election Commission .......................................................................................... 91

Part 3 .......................................................................................................................... 94

The Ombudsmen ...................................................................................................... 94

Part 4 .......................................................................................................................... 96

The National Counter Corruption Commission ........................................................ 96

Part 5 ........................................................................................................................ 100

The State Audit Commission ................................................................................... 100

Part 6 ........................................................................................................................ 103

The National Human Rights Commission ............................................................... 103

CHAPTER XIII ................................................................................................................... 105

Public Prosecution Organization ................................................................................... 105

CHAPTER XIV ................................................................................................................... 106

Local Administration ..................................................................................................... 106

CHAPTER XV .................................................................................................................... 108

Amendment of the Constitution ................................................................................... 108

CHAPTER XVI ................................................................................................................... 110

National Reform ............................................................................................................ 110

Transitory Provisions ....................................................................................................... 116

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DETAILED TABLE OF CONTENTS

PREAMBLE ........................................................................................................................... 1

CHAPTER I ........................................................................................................................... 4

General Provisions ............................................................................................................. 4

Section 1 ................................................................................................................ 4 Section 2 ................................................................................................................ 4 Section 3 ................................................................................................................ 4 Section 4 ................................................................................................................ 4 Section 5 ................................................................................................................ 4

CHAPTER II .......................................................................................................................... 6

The King ............................................................................................................................. 6

Section 6 ................................................................................................................ 6 Section 7 ................................................................................................................ 6 Section 8 ................................................................................................................ 6 Section 9 ................................................................................................................ 6 Section 10 .............................................................................................................. 6 Section 11 .............................................................................................................. 6 Section 12 .............................................................................................................. 6 Section 13 .............................................................................................................. 7 Section 14 .............................................................................................................. 7 Section 15 .............................................................................................................. 7 Section 16 .............................................................................................................. 7 Section 17 .............................................................................................................. 7 Section 18 .............................................................................................................. 7 Section 19 .............................................................................................................. 8 Section 20 .............................................................................................................. 8 Section 21 .............................................................................................................. 8 Section 22 .............................................................................................................. 9 Section 23 .............................................................................................................. 9 Section 24 .............................................................................................................. 9

CHAPTER III ....................................................................................................................... 10

Rights and Liberties of the Thai People ........................................................................... 10

Section 25 ............................................................................................................ 10 Section 26 ............................................................................................................ 10 Section 27 ............................................................................................................ 11 Section 28 ............................................................................................................ 11 Section 29 ............................................................................................................ 11 Section 30 ............................................................................................................ 12 Section 31 ............................................................................................................ 12 Section 32 ............................................................................................................ 12 Section 33 ............................................................................................................ 12 Section 34 ............................................................................................................ 12 Section 35 ............................................................................................................ 13 Section 36 ............................................................................................................ 13 Section 37 ............................................................................................................ 13 Section 38 ............................................................................................................ 14

continued

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Section 39 ............................................................................................................ 14 Section 40 ............................................................................................................ 15 Section 41 ............................................................................................................ 15 Section 42 ............................................................................................................ 15 Section 43 ............................................................................................................ 15 Section 44 ............................................................................................................ 16 Section 45 ............................................................................................................ 16 Section 46 ............................................................................................................ 16 Section 47 ............................................................................................................ 17 Section 48 ............................................................................................................ 17 Section 49 ............................................................................................................ 17

CHAPTER IV ....................................................................................................................... 18

Duties of the Thai People ................................................................................................ 18

Section 50 ............................................................................................................ 18

CHAPTER V ........................................................................................................................ 19

Duties of the State ........................................................................................................... 19

Section 51 ............................................................................................................ 19 Section 52 ............................................................................................................ 19 Section 53 ............................................................................................................ 19 Section 54 ............................................................................................................ 19 Section 55 ............................................................................................................ 20 Section 56 ............................................................................................................ 20 Section 57 ............................................................................................................ 21 Section 58 ............................................................................................................ 21 Section 59 ............................................................................................................ 22 Section 60 ............................................................................................................ 22 Section 61 ............................................................................................................ 22 Section 62 ............................................................................................................ 23 Section 63 ............................................................................................................ 23

CHAPTER VI ....................................................................................................................... 24

Policies of the State ......................................................................................................... 24

Section 64 ............................................................................................................ 24 Section 65 ............................................................................................................ 24 Section 66 ............................................................................................................ 24 Section 67 ............................................................................................................ 24 Section 68 ............................................................................................................ 25 Section 69 ............................................................................................................ 25 Section 70 ............................................................................................................ 25 Section 71 ............................................................................................................ 25 Section 72 ............................................................................................................ 26 Section 73 ............................................................................................................ 26 Section 74 ............................................................................................................ 26 Section 75 ............................................................................................................ 27 Section 76 ............................................................................................................ 27 Section 77 ............................................................................................................ 28 Section 78 ............................................................................................................ 28

continued

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CHAPTER VII ...................................................................................................................... 29

National Assembly ........................................................................................................... 29

Part 1 .......................................................................................................................... 29


Section 79 ............................................................................................................ 29 Section 80 ............................................................................................................ 29 Section 81 ............................................................................................................ 30 Section 82 ............................................................................................................ 30

Part 2 .......................................................................................................................... 31

The House of Representatives .................................................................................. 31

Section 83 ............................................................................................................ 31 Section 84 ............................................................................................................ 31 Section 85 ............................................................................................................ 31 Section 86 ............................................................................................................ 32 Section 87 ............................................................................................................ 33 Section 88 ............................................................................................................ 33 Section 89 ............................................................................................................ 34 Section 90 ............................................................................................................ 34 Section 91 ............................................................................................................ 34 Section 92 ............................................................................................................ 35 Section 93 ............................................................................................................ 36 Section 94 ............................................................................................................ 36 Section 95 ............................................................................................................ 36 Section 96 ............................................................................................................ 37 Section 97 ............................................................................................................ 37 Section 98 ............................................................................................................ 38 Section 99 ............................................................................................................ 39 Section 100 .......................................................................................................... 39 Section 101 .......................................................................................................... 39 Section 102 .......................................................................................................... 40 Section 103 .......................................................................................................... 41 Section 104 .......................................................................................................... 41 Section 105 .......................................................................................................... 41 Section 106 .......................................................................................................... 42

Part 3 .......................................................................................................................... 43

The Senate ................................................................................................................ 43

Section 107 .......................................................................................................... 43 Section 108 .......................................................................................................... 44 Section 109 .......................................................................................................... 45 Section 110 .......................................................................................................... 45 Section 111 .......................................................................................................... 45 Section 112 .......................................................................................................... 46 Section 113 .......................................................................................................... 46

continued

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Part 4 .......................................................................................................................... 46

Provisions Applicable to Both Houses ...................................................................... 46

Section 114 .......................................................................................................... 46 Section 115 .......................................................................................................... 46 Section 116 .......................................................................................................... 46 Section 117 .......................................................................................................... 47 Section 118 .......................................................................................................... 47 Section 119 .......................................................................................................... 47 Section 120 .......................................................................................................... 48 Section 121 .......................................................................................................... 48 Section 122 .......................................................................................................... 49 Section 123 .......................................................................................................... 49 Section 124 .......................................................................................................... 49 Section 125 .......................................................................................................... 50 Section 126 .......................................................................................................... 51 Section 127 .......................................................................................................... 51 Section 128 .......................................................................................................... 51 Section 129 .......................................................................................................... 52 Section 130 .......................................................................................................... 53 Section 131 .......................................................................................................... 54 Section 132 .......................................................................................................... 54 Section 133 .......................................................................................................... 55 Section 134 .......................................................................................................... 55 Section 135 .......................................................................................................... 56 Section 136 .......................................................................................................... 56 Section 137 .......................................................................................................... 57 Section 138 .......................................................................................................... 57 Section 139 .......................................................................................................... 58 Section 140 .......................................................................................................... 58 Section 141 .......................................................................................................... 58 Section 142 .......................................................................................................... 59 Section 143 .......................................................................................................... 59 Section 144 .......................................................................................................... 59 Section 145 .......................................................................................................... 61 Section 146 .......................................................................................................... 61 Section 147 .......................................................................................................... 61 Section 148 .......................................................................................................... 61 Section 149 .......................................................................................................... 62 Section 150 .......................................................................................................... 63 Section 151 .......................................................................................................... 63 Section 152 .......................................................................................................... 64 Section 153 .......................................................................................................... 64 Section 154 .......................................................................................................... 64 Section 155 .......................................................................................................... 64

continued

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Part 5 .......................................................................................................................... 65

Joint Sittings of the National Assembly .................................................................... 65

Section 156 .......................................................................................................... 65 Section 157 .......................................................................................................... 65

CHAPTER VIII ..................................................................................................................... 66

Council of Ministers ......................................................................................................... 66

Section 158 .......................................................................................................... 66 Section 159 .......................................................................................................... 66 Section 160 .......................................................................................................... 67 Section 161 .......................................................................................................... 67 Section 162 .......................................................................................................... 67 Section 163 .......................................................................................................... 68 Section 164 .......................................................................................................... 68 Section 165 .......................................................................................................... 68 Section 166 .......................................................................................................... 69 Section 167 .......................................................................................................... 69 Section 168 .......................................................................................................... 69 Section 169 .......................................................................................................... 70 Section 170 .......................................................................................................... 70 Section 171 .......................................................................................................... 71 Section 172 .......................................................................................................... 71 Section 173 .......................................................................................................... 72 Section 174 .......................................................................................................... 72 Section 175 .......................................................................................................... 73 Section 176 .......................................................................................................... 73 Section 177 .......................................................................................................... 73 Section 178 .......................................................................................................... 73 Section 179 .......................................................................................................... 74 Section 180 .......................................................................................................... 74 Section 181 .......................................................................................................... 74 Section 182 .......................................................................................................... 74 Section 183 .......................................................................................................... 74

CHAPTER IX ....................................................................................................................... 75

Conflict of Interests ......................................................................................................... 75

Section 184 .......................................................................................................... 75 Section 185 .......................................................................................................... 76 Section 186 .......................................................................................................... 76 Section 187 .......................................................................................................... 77

continued

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CHAPTER X ........................................................................................................................ 78

The Courts ....................................................................................................................... 78

Part 1 .......................................................................................................................... 78


Section 188 .......................................................................................................... 78 Section 189 .......................................................................................................... 78 Section 190 .......................................................................................................... 78 Section 191 .......................................................................................................... 78 Section 192 .......................................................................................................... 79 Section 193 .......................................................................................................... 79

Part 2 .......................................................................................................................... 79

Courts of Justice ........................................................................................................ 79

Section 194 .......................................................................................................... 79 Section 195 .......................................................................................................... 79 Section 196 .......................................................................................................... 80

Part 3 .......................................................................................................................... 81

Administrative Courts ............................................................................................... 81

Section 197 .......................................................................................................... 81 Section 198 .......................................................................................................... 81

Part 4 .......................................................................................................................... 81

Military Courts .......................................................................................................... 81

Section 199 .......................................................................................................... 81

CHAPTER XI ....................................................................................................................... 82

The Constitutional Court ................................................................................................. 82

Section 200 .......................................................................................................... 82 Section 201 .......................................................................................................... 83 Section 202 .......................................................................................................... 83 Section 203 .......................................................................................................... 84 Section 204 .......................................................................................................... 85 Section 205 .......................................................................................................... 85 Section 206 .......................................................................................................... 85 Section 207 .......................................................................................................... 85 Section 208 .......................................................................................................... 86 Section 209 .......................................................................................................... 86 Section 210 .......................................................................................................... 87 Section 211 .......................................................................................................... 87 Section 212 .......................................................................................................... 87 Section 213 .......................................................................................................... 88 Section 214 .......................................................................................................... 88

continued

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CHAPTER XII ...................................................................................................................... 89

Constitutional Organizations ........................................................................................... 89

Part 1 .......................................................................................................................... 89


Section 215 .......................................................................................................... 89 Section 216 .......................................................................................................... 89 Section 217 .......................................................................................................... 89 Section 218 .......................................................................................................... 90 Section 219 .......................................................................................................... 90 Section 220 .......................................................................................................... 91 Section 221 .......................................................................................................... 91

Part 2 .......................................................................................................................... 91

The Election Commission .......................................................................................... 91

Section 222 .......................................................................................................... 91 Section 223 .......................................................................................................... 92 Section 224 .......................................................................................................... 92 Section 225 .......................................................................................................... 93 Section 226 .......................................................................................................... 93 Section 227 .......................................................................................................... 94

Part 3 .......................................................................................................................... 94

The Ombudsmen ...................................................................................................... 94

Section 228 .......................................................................................................... 94 Section 229 .......................................................................................................... 95 Section 230 .......................................................................................................... 95 Section 231 .......................................................................................................... 95

Part 4 .......................................................................................................................... 96

The National Counter Corruption Commission ........................................................ 96

Section 232 .......................................................................................................... 96 Section 233 .......................................................................................................... 97 Section 234 .......................................................................................................... 97 Section 235 .......................................................................................................... 98 Section 236 .......................................................................................................... 99 Section 237 ........................................................................................................ 100

Part 5 ........................................................................................................................ 100

The State Audit Commission ................................................................................... 100

Section 238 ........................................................................................................ 100 Section 239 ........................................................................................................ 100 Section 240 ........................................................................................................ 101 Section 241 ........................................................................................................ 101 Section 242 ........................................................................................................ 102 Section 243 ........................................................................................................ 102 Section 244 ........................................................................................................ 102 Section 245 ........................................................................................................ 103

continued

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Part 6 ........................................................................................................................ 103

The National Human Rights Commission ............................................................... 103

Section 246 ........................................................................................................ 103 Section 247 ........................................................................................................ 104

CHAPTER XIII ................................................................................................................... 105

Public Prosecution Organization ................................................................................... 105

Section 248 ........................................................................................................ 105

CHAPTER XIV ................................................................................................................... 106

Local Administration ..................................................................................................... 106

Section 249 ........................................................................................................ 106 Section 250 ........................................................................................................ 106 Section 251 ........................................................................................................ 107 Section 252 ........................................................................................................ 107 Section 253 ........................................................................................................ 107 Section 254 ........................................................................................................ 107

CHAPTER XV .................................................................................................................... 108

Amendment of the Constitution ................................................................................... 108

Section 255 ........................................................................................................ 108 Section 256 ........................................................................................................ 108

CHAPTER XVI ................................................................................................................... 110

National Reform ............................................................................................................ 110

Section 257 ........................................................................................................ 110 Section 258 ........................................................................................................ 110 Section 259 ........................................................................................................ 114 Section 260 ........................................................................................................ 114 Section 261 ........................................................................................................ 115

Transitory Provisions ....................................................................................................... 116

Section 262 ........................................................................................................ 116 Section 263 ........................................................................................................ 116 Section 264 ........................................................................................................ 117 Section 265 ........................................................................................................ 118 Section 266 ........................................................................................................ 119 Section 267 ........................................................................................................ 119 Section 268 ........................................................................................................ 121 Section 269 ........................................................................................................ 121 Section 270 ........................................................................................................ 122 Section 271 ........................................................................................................ 123 Section 272 ........................................................................................................ 124 Section 273 ........................................................................................................ 124 Section 274 ........................................................................................................ 125 Section 275 ........................................................................................................ 125 Section 276 ........................................................................................................ 125 Section 277 ........................................................................................................ 126 Section 278 ........................................................................................................ 126 Section 279 ........................................................................................................ 127

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PREAMBLE Draft

Constitution of the Kingdom of Thailand

.......................................

....................................... …...................................

Enacted on __________ B.E. __________

Being the __________ Year of the Present Reign

May there be virtue. Today is __________ (Lunar calendar and Solar calendar are to be

specified later), in the 2559th year of the Buddhist Era.

Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi

Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that;

whereas the Prime Minister has informed the King that since His Majesty King Prajadhipok Phra

Pokklao graciously granted the Constitution of the Kingdom of Siam, B.E. 2475, Thailand has continually

upheld its intent to adhere to the principle of democratic regime of government with the King as Head

of the State. Despite annulment, amendment, and promulgation of Constitutions on several occasions

for the purpose of more appropriate administrative organization, the administration has not become

stable or orderly owing to various problems and conflicts. Sometimes there have been constitutional

crises with no solutions and partial causes thereof were attributed to the people who ignored or

disobeyed administrative rules, corrupted or distorted power or did not recognize their responsibility

to the nation and the public resulting in ineffective law enforcement. It is therefore of necessity to

prevent and resolve these problems by means of educational reform and law enforcement and to

strengthen a moral and ethical system. Another reason concerned the consequences of political and

administrative rules that were not appropriate for the situation of the country and the time period,

and attached importance to the format and procedure rather than the fundamental principles of

democracy; or were unable to enforce the existing rules to various individual behaviors and crises

whose format and procedure were different from the past.

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Accordingly, the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment

(No. 1) B.E. 2558 has provided for the establishment of the Constitution Drafting Committee with the

duty to draft a constitution to serve as the principle of government and guideline for the drafting of

organic laws and other laws, by prescribing new mechanisms for organizing and strengthening the

administration of the country based on: the restructuring of the duties and powers of various

Constitutional Organizations; the relationship between the legislative and the executive branches, as

appropriate; the opportunity for the judicial institutions and other independent organizations

responsible for the scrutiny of the exercise of State power to perform their duties in an efficient,

honest and fair fashion and to participate in the prevention or crisis resolution of the country as

necessary and appropriate; the more explicit and comprehensive recognition and protection of the

rights and liberties of Thai people by holding the rights and liberties as the principle and the restriction

of rights as the exception, however provided that the exercise of these rights and liberties must be

within the rules to protect the general public. The provisions that the State shall be responsible to the

people, and vice versa, and the placement of mechanisms to strictly prevent, monitor and eradicate

corruption and misconduct - all are for the purpose of preventing leaders or officials of no morals,

ethics and good governance from taking power in the administration of the country or exercising their

power arbitrarily. Stipulation of more effective measures to prevent and manage national crisis are

also provided, including the establishment of other mechanisms pursuant to the provisions of the

Constitution of the Kingdom of Thailand (Interim), B.E. 2557 , with a view to serving as a framework for

national development under the policy of the State and the national strategy thereafter any ruler of

the country may further formulate appropriate policies and procedures. The Constitution also creates

mechanisms for united national reform in various important and necessary aspects as well as reduction

of the conditions that lead to conflict in order to build peace in the country on the basis of unity and

reconciliation. To achieve this goal requires co-operation from people in all sectors with the State

agencies according to the people-state concept under the rules pertaining to the principle of

democratic government and traditional governance suitable for the situation and the characteristics of

Thai society, the integrity, the human rights and good governance principles which will drive the

development of the country in a strategic way towards political, economic and social stability,

prosperity and sustainability in compliance with the democratic regime of government with the King as

Head of the State.

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In the implementation thereof, the Constitution Drafting Committee has built public

awareness and understanding of the principles and justifications of all provisions on a periodic basis so

as to provide the opportunities for the public to widely access the Draft Constitution and its

explanations through a variety of media and to allow public participation in the development of the

content of the Draft by providing recommendations on the revision it so requires. Upon completion,

the Draft Constitution has been disseminated to the public with the summary of explanations on its

essence in a manner which enables the public to easily and generally understand it, and has organized

a referendum to approve the entire Draft Constitution. The result of the referendum is __________

(pending the terms that match the referendum result) __________. As such, the Prime Minister has

presented the Draft Constitution to the King for His signature thereafter it shall be promulgated as the

Constitution of the Kingdom of Thailand, and in this respect the King is of the opinion that __________.

The King therefore has issued a Royal Command for enactment of this Constitution of the

Kingdom of Thailand to replace the Constitution of the Kingdom of Thailand (Interim), B.E. 2557,

enacted on 22nd July 2014, from the date of this promulgation onwards.

May the people of Thailand be unanimously united in observing and protecting this

Constitution of the Kingdom of Thailand for the purpose of upholding the democratic regime and

sovereignty of the people of Thailand and brings peace, happiness, prosperity and dignity to all citizens

throughout the Kingdom in every respect in accordance with the wish of His Majesty.

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CHAPTER I

General Provisions

Section 1 Thailand is one and indivisible Kingdom.

Referenced by: § 249

Section 2 Thailand adopts a democratic regime of government with the King as

Head of the State.

Section 3 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 the Constitution.

The National Assembly, the Council of Ministers, the Courts, the Constitutional

Organizations, and State organs shall perform duties in accordance with the Constitution, laws, and the

rule of law for the common interests of the country and the well-being of the people as a whole.

Section 4 The human dignity, right, liberty and equality of the people shall be

protected.

The Thai people shall enjoy equal protection under the Constitution.

Section 5 The Constitution is the supreme law of the State. The provisions of any

law, rule, or regulation, or any action which are contrary to or inconsistent with the Constitution shall

be unenforceable.

Whenever no provision under this Constitution is applicable to any case, it shall be acted or

decided in accordance with the constitutional practice in the democratic regime of government with

the King as Head of the State.

In the event where the circumstance under Paragraph Two arises, the President of the

Constitutional Court shall convene a joint meeting of the President of the House of Representatives,

the Opposition Leader in the House of Representatives, the President of the Senate, the Prime

Minister, the President of the Supreme Court, the President of the Supreme Administrative Court, the

President of the Constitutional Court, and the Presidents of Constitutional Organizations to make

decision thereon.

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The joint meeting under Paragraph Three shall elect one among themselves to preside over

each session. In case of the absence of any position holder, the joint meeting shall be composed of the

existing holders of the positions.

A decision of the joint meeting shall be made by the majority of votes. In case of an equality

of votes, the presiding member shall have an additional vote as a casting vote.

The decision of the joint meeting shall be deemed final and binding on the National

Assembly, the Council of Ministers, the Courts, the Constitutional Organizations, and State organs.


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CHAPTER II

The King

Section 6 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 7 The King is a Buddhist and Upholder of religions.

Section 8 The King holds the position of Head of the Thai Armed Forces.

Section 9 The King has the prerogative to create and remove titles and to confer

and recall decorations.

Section 10 The King selects and appoints qualified persons to be the President of the

Privy Council and not more than eighteen Privy Councilors to constitute the Privy Council.

The Privy Council has the duty to render advice to the King on all matters pertaining to His

functions as He may consult, and has other duties as provided in the Constitution.

Section 11 The selection and appointment or the removal of a Privy Councilor shall

be at 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 Councilors.

Section 12 A Privy Councilor shall not be a member of the House of Representatives,

a member of the Senate or a holder of any other political position, a judge of the Constitutional Court,

a position holder in a Constitutional Organization, a government official, an official of a State

enterprise, any other State official, or a member or an official of a political party, and shall not manifest

loyalty to any political party.

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Section 13 Before taking office, a Privy Councilor 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 further

uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

Section 14 A Privy Councilor vacates office upon death, resignation, or removal by a

Royal Command.

Section 15 The appointment and removal of officials of the Royal Household and of

the Royal Chief Aide-de-Camp shall be at the King’s pleasure.

Bureaucracy organization and personnel administration in the service of the Royal

Household shall be at the King’s pleasure, as provided in the Royal Decree.

Section 16 Whenever the King is absent from the Kingdom or unable to perform His

functions for any reason whatsoever, the King will appoint a person as the Regent and the President of

the National Assembly shall countersign the Royal Command.

Referenced by: § 17, 18, 19, 22

Section 17 In the case where the King does not appoint the Regent under Section 16,

or the King is unable to appoint the 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 the

Regent to the National Assembly for approval. Upon approval by the National Assembly, the President

of the National Assembly shall make an announcement, in the name of the King, to appoint such

person as the Regent.

Referenced by: § 18, 19, 22, 23, 126, 156

Section 18 While there is no Regent under Section 16 or Section 17, the President of

the Privy Council shall be Regent pro tempore.

In the case where the Regent appointed under Section 16 or Section 17 is unable to perform

his duties, the President of the Privy Council shall act as Regent pro tempore.

While being the Regent under Paragraph One or acting as the Regent under Paragraph Two,

the President of the Privy Council shall not perform his duties as President of the Privy Council. In such

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case, the Privy Council shall select a Privy Councilor to act as President of the Privy Council pro

tempore.

Referenced by: § 22, 23

Section 19 Before taking office, the Regent appointed under Section 16 or Section 17

shall make a solemn declaration before the National Assembly in the following words:


(name of the King) and will faithfully perform my duties in the interests of the country and of the

people. I will further uphold and observe the Constitution of the Kingdom of Thailand in every

respect.”


Section 20 Subject to Section 21, the succession to the Throne shall be in accordance

with the Palace Law on Succession, B.E. 2467.

The Amendment of the Palace Law on Succession, B.E. 2467 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 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 come into force upon its

publication in the Government Gazette.

Referenced by: § 21, 126, 156

Section 21 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. 2467, 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 shall invite such Heir to

ascend the Throne and proclaim such Heir the King. Afterwards, the President of the National

Assembly shall declare to keep the people informed.

Under the circumstance 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 20 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

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National Assembly, the President of the National Assembly shall invite such Successor to ascend the

Throne and proclaim such Successor the King.

Referenced by: § 20, 22, 23, 126, 156

Section 22 While pending the proclamation of the name of the Heir or the Successor

to the Throne under Section 21, the President of the Privy Council shall be Regent pro tempore. In the

event where the Throne becomes vacant while the Regent has been appointed under Section 16 or

Section 17 or while the President of the Privy Council is acting as the Regent under Section 18

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 the 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 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 18 Paragraph Three shall

apply.


Section 23 In the event where the Privy Council will have to perform its duties under

Section 17 or Section 21 Paragraph Two, or the President of the Privy Council will have to be or

perform duties of the Regent pursuant to Section 18 Paragraph One or Paragraph Two or Section 22

Paragraph Two, and during that period there is no President of the Privy Council or the President of the

Privy Council is unable to perform his duties, the remaining Privy Councilors shall elect one among

themselves to act as President of the Privy Council or to be or perform duties of the Regent according

to Section 18 Paragraph One or Paragraph Two or Section 22 Paragraph Two, as the case may be.

Section 24 In taking an oath of allegiance before the King pursuant to the

Constitution or law, the King may endorse that it be carried out before His sui juris Heir or His

representative.

While the oath of allegiance under Paragraph One is not yet taken, His Majesty may

endorse the person having to take the oath of allegiance to perform duties pro tempore.

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CHAPTER III

Rights and Liberties of the Thai People

Section 25 Where provisions of the Constitution are specifically enacted to protect

the rights and liberties of the Thai people and no act is prohibited or restricted by the Constitution or

other laws, a person shall have right and liberty to commit such act and be protected under the

Constitution in so far as the exercise of such right or liberty does not affect or harm to the security of

the State, public order or good morals of people , and is not in violation of the rights and liberties of

other persons.

Where the Constitution provides that the exercise of any right or liberty shall be undertaken

by virtue of law or in accordance with the rule and procedure prescribed by law, despite that such law

has not been enacted, a person or a community shall exercise such right or liberty in compliance with

the intent of the Constitution.

A person whose rights and liberties recognized by the Constitution are violated may invoke

the provisions of the Constitution to exercise his or her judicial right or to defend himself or herself in

court.

A person injured by violation of his or her rights or liberties or by a criminal offence

committed by another person shall be entitled to remedy or assistance from the State in accordance

with the law.

Section 26 Enactment of any law that results in the restriction on rights or liberties

of a person shall be in conformity with the conditions stipulated in the Constitution. In the event where

no condition is provided in the Constitution, such law shall not be contrary to the rule of law or

unreasonably increase burden or restrict the rights or liberties of a person, shall not affect human

dignity of a person, and shall specify therein the purpose and necessity for imposing such restriction on

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.


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Section 27 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, disability, physical or health condition, personal status, economic or social standing,

religious belief, education or political view that does not violate the provisions of this constitution, or

any other ground shall be prohibited.

Measures determined by the State for the purpose of eliminating an obstacle or promoting

ability of a person to exercise his or her rights or liberties as other persons, or for the purpose of

protecting or facilitating children, women, elderly persons, persons with disabilities, or disadvantaged

persons shall not be deemed as unjust discrimination under Paragraph Three.

Members of the armed forces and the police force, government officials, other State

officials, and officials or employees of State organizations shall enjoy the same rights and liberties as

other persons, unless such enjoyment is restricted by the law specifically enacted in regard to politics,

efficiency, disciplines or ethics.

Section 28 A person shall enjoy the right and liberty in life and body.

Arrest and detention of a person shall not be permitted, except by a court order or warrant

or any other ground as specified by law.

Search of a person or any act affecting the right and liberty in life or body shall not be

permitted, unless there is a ground specified by law.

A torture, brutal act or punishment by cruel or inhumane means shall be prohibited.

Section 29 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 the commission provides to be an offence

and specifies a penalty thereof, and the punishment to be inflicted on such person shall not be heavier

than that prescribed by the law in force at the time of the commission of the offence.

In a criminal case, the alleged offender or the defendant shall be presumed innocent.

Before the passing of a final judgment convicting any person of having committed an offence, such

person shall not be treated as a convict.

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Custody or detention of an alleged offender or a defendant shall be undertaken merely to

the extent of necessity to prevent escape.

In a criminal case, a person shall not be forced to make a statement incriminating himself or

herself.

In a criminal case, an application for a bail of the alleged offender or the defendant shall be

accepted for consideration and an unreasonably excessive bail shall not be permitted. The refusal of a

bail shall be based on provisions of the law.

Section 30 Forced labor shall be prohibited, except by virtue of the provisions of law

enacted for the purpose of averting imminent public calamity or during the declaration of state of

emergency or the imposition of the martial law or during the time when the country is in a state of war

or armed conflict.

Section 31 A person shall enjoy full liberty to profess a religion, and shall enjoy the

liberty to observe or perform rites according to own religion, provided that it shall not be prejudicial to

the duties of Thai people, be harmful to the security of the State, and be contrary to the public order or

good morals of people.

Section 32 A person shall enjoy the rights of privacy, dignity, reputation, and family.

An act violating or affecting the rights of a person under Paragraph One, or the use of

personal information for benefit by any means shall not be permitted, except by virtue of the

provisions of the law specifically enacted as deemed necessary for the public interests.

Section 33 A person shall enjoy the liberty of dwelling.

The entry into a dwelling without consent of its possessor, or the search of a dwelling or a

private place shall not be permitted, except by a court order or warrant or any other ground as

specified by law.

Section 34 A person shall enjoy the liberty to express his opinion, make speech,

write, print, publicize, and make expression by other means. Restriction on such liberty shall not be

permitted, except by virtue of the provisions of the law specifically enacted for the purpose of

maintaining the security of the State, protecting the rights or liberties of other persons, maintaining

public order or good morals of people, or safeguarding the health of the people.

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Academic freedom shall be protected, provided that the exercise of such freedom shall not

be contrary to the duties of Thai people or good morals of people and shall respect and not impede

differing opinions of other persons.

Section 35 A person of mass media profession shall enjoy the liberty to report news

or express opinion in compliance with professional ethics.

The closure of newspaper or other mass media business in deprivation of the liberty under

Paragraph One shall not be permitted.

The direction to forward news or statements written by mass media professionals for

censorship by a competent official prior to their publication in a newspaper or any form of media shall

not be permitted, except during the time when the country is in a state of war.

The owner of a newspaper or other mass media business shall be of Thai nationality.

No money or property shall be granted by the State as subsidy to a private newspaper or

other forms of mass media. Any State agency granting money or property to mass media, regardless of

the purpose of advertisement or public relation or of any other purpose of the same nature, shall

disclose detailed information to the State Audit Commission within the specified period and announce

to the public thereof.

State officials performing mass media duties shall enjoy the liberty under Paragraph One,

with due regard given to the objectives and the tasks of their agencies.

Section 36 A person shall enjoy the liberty of communication by whatsoever means.

The censorship, detention or disclosure of communication between persons including any

other act, with a view to being aware of or obtaining information therein, shall not be permitted,

except by a court order or warrant or any other ground as specified by law.

Section 37 A person shall enjoy the right in property and inheritance.

Scope of the right and the restriction thereof shall be in compliance with the provisions of

law.

Expropriation of immovable property shall not be permitted, except by virtue of the

provisions of the law specifically enacted for the purpose of public utilities, national defense, or

acquisition of national resources, or other public benefits, and fair compensation shall be paid within a

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reasonable period to the owner including all right holders of the property who are damaged by such

expropriation, with due regard given to public interests, impact on the damaged person, and possible

benefits for the damaged person.

The expropriation of immovable property shall be carried out merely to the extent of

necessity for the purposes specified in Paragraph Three, unless the expropriation is intended for fair

compensation to the owner of the immovable property expropriated according to the law.

The law on expropriation of immovable property shall explicitly specify the purpose of the

expropriation and the period of time to fulfill such purpose. If the immovable property is not used to

fulfill such purpose within the specified period or there is immovable property remained from usage,

and the original owner or his or her heir recalls it, the immovable property shall be returned to the

original owner or the heir.

The period of time for the recall and the return of the expropriated immovable property

which is unused or remained from usage to the original owner or his or her heir and the recall of paid

compensation shall be in accordance with the provisions of the law.

Enactment of the law on expropriation of immovable property with specification of the

immovable property or of the owner of the immovable property which is expropriated on account of

necessity shall not be deemed contrary to Section 26 Paragraph Two.

Section 38 A person shall enjoy the liberty of travelling and the liberty of making the

choice of his or her residence.

Restriction on such liberties under Paragraph One shall not be permitted, except by virtue

of the provisions of the law enacted for the purpose of maintaining the security of the State, public

order or public welfare of people, town and country planning, or for securing family status or for

welfare of the youth.

Section 39 No person of Thai nationality shall be deported or prohibited from

entering the Kingdom.

Revocation of Thai nationality acquired by birth of a person shall not be permitted.

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Section 40 A person shall enjoy the liberty to engage in an occupation.

Restriction on the liberty under Paragraph One shall not be permitted, except by virtue of

the provisions of the law enacted for the purpose of maintaining the security and economy of the

State, fair competition, preventing or eliminating barrier or monopoly, consumer protection, or

regulating the engagement in an occupation to the extent of necessity, or for the purpose of other

public interests.

Enactment of a law to regulate the engagement in an occupation as provided in Paragraph

Two shall not be of discriminatory nature or an intervention in the educational management of

educational institutions.

Section 41 A person and a community shall enjoy the right:

(1) to be informed of and have access to public information or news in possession of State

agencies as provided by law,

(2) to submit a petition to a State agency and be informed of the result of its

consideration without delay,

(3) to bring an action against a State agency holding it liable for an act or omission of an

act as committed by its government official, official and employee.

Section 42 A person shall enjoy the liberty to unite and form an association, a co-

operative, a union, an organization, a community, or any other group.

Restriction on the liberty under Paragraph One shall not be permitted, except by virtue of

the provisions of the law enacted for the purpose of protecting public interest, maintaining public

order or good morals of people, or preventing or eliminating barrier or monopoly.

Section 43 A person and a community shall enjoy the right:

(1) to conserve, restore, or promote wisdom, art, culture, tradition and custom of good

value in the locality and the nation,

(2) to manage, maintain and utilize natural resources, environment, and biodiversity in a

balanced and sustainable manner according to the procedure prescribed by law,

(3) to sign and submit a petition with recommendations to a State agency to undertake

any act which will be beneficial to the people or the community or to omit any act which will affect

peaceful livelihood of the people or the community, and to be informed of the result of its

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consideration without delay. In this regard, such State agency shall, with participation of the concerned

people, consider the recommendations according to the procedure prescribed by law,

(4) to arrange for a community welfare system.

The rights of the person and the community under Paragraph One shall include the right to

engage with local administration organizations or the State in the undertaking of the actions.

Section 44 A person shall enjoy the liberty to assemble peacefully and without arms.

Restriction on the liberty under Paragraph One shall [not] be prohibited, except by virtue of

the provisions of the law enacted for the purpose of maintaining the security of the State, public

safety, public order or good morals of people, or protecting the rights or liberties of other persons.

Section 45 A person shall enjoy the liberty to unite and establish a political party in

conformity with democratic regime of government with the King as Head of the State, as required by

law.

The law under Paragraph One shall at least contain therein the provisions requiring

management of a political party to be transparent and accountable, to provide an opportunity for its

members to broadly participate in policy formulation and nomination of electoral candidates, and to

prescribe measures enabling independence without domination or direction given by any person who

is not a member of such political party, and measures governing its members not to commit an act

violating or failing to observe the law on election.

Section 46 The right of a consumer shall be protected.

A person shall have the right to unite and establish a consumer organization with a view to

protecting the rights of consumers.

The consumer organization under Paragraph Two shall have the right to unite and establish

an independent organization in order to, with support rendered by the State, become powerful in the

protection and safeguard of the rights of consumers. In this respect, the rule and procedure for the

establishment, the authority to represent consumers, and the financial support from the State shall be

as prescribed by law.

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Section 47 A person shall enjoy the right to access public health service of the State.

An impoverished person shall be entitled to access public health service of the State,

without charge, in compliance with the law.

A person shall be entitled to prevention and eradication of harmful contagious diseases by

the State without charge.

Section 48 The rights of a mother during the period before and after delivery shall

be protected and assisted in accordance with the law.

A person who is over sixty years of age with insufficient income for living and an

impoverished person shall be entitled to appropriate assistance from the State in accordance with the

law.

Section 49 No person shall exercise his or her rights or liberties to overthrow the

democratic regime of government with the King as Head of the State.

Whoever detects the act under Paragraph One shall have the right to request the Attorney

General to submit a motion to the Constitutional Court to consider ordering cessation of such act.

In the event where the Attorney General issues an order rejecting the request or fails to act

as requested within fifteen days from the date of receipt of the request, the person requesting thereto

may directly submit a petition to the Constitutional Court.

The proceeding under this Section shall be without prejudice to the institution of criminal

proceedings against the person who has committed the act as aforementioned in Paragraph One.

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CHAPTER IV

Duties of the Thai People

Section 50 A person shall have the following duties:

(1) to uphold the Nation, religions, the King, and the democratic regime of government

with the King as Head of the State;

(2) to defend the country and uphold the prestige and interest of the nation and public

property of the Kingdom, including cooperate in prevention and mitigation of disasters;

(3) to strictly abide by law;

(4) to attend compulsory education and training;

(5) to serve in armed force as required by the law;

(6) to respect and refrain from violation of the rights and liberties of other persons and

not commit any act that may cause disharmony or hatred in the society;

(7) to freely exercise the right to vote at an election or a public referendum, importantly

bearing in mind the common interests of the country;

(8) to cooperate and support the conservation and protection of environment, natural

resources, biodiversity, and cultural heritage;

(9) to pay tax as required by the law; and

(10) to refuse to cooperate with or provide support to all forms of corruption and wrongful

conduct.

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CHAPTER V

Duties of the State

Section 51 Where any act is stipulated in the Constitution as the duty of the State

under this Chapter and such act is for the direct benefit of public interest, the people and the

communities shall have the right to follow up and accelerate the performance of the State, as well as

filing a complaint against the relevant State agency so as to ensure such benefit for the people or the

communities, in conformity with the rules and procedure prescribed by law.


Section 52 The State shall protect and uphold the Royal Institution, the

independence, the sovereignty , the territorial integrity and the territory under sovereignty of

Thailand, the national prestige and interests, the security of the State, and the public order of people.

For the purpose herein, the State shall arrange for the efficacy of armed forces, diplomacy and

intelligence.

The armed forces shall also serve in the national development.

Section 53 The State shall ensure strict compliance with and enforcement of the

laws.

Section 54 The State shall ensure the availability of compulsory education of good

quality and with no charge for a period of twelve years for all children, beginning from the pre-school

level.

The State shall ensure the provision of care and development for pre-school children prior

to the education under Paragraph One for the purpose of physical, mental, disciplinary, emotional,

social and intellectual development appropriate to their ages. For such purpose, the State shall

promote and enhance the participation of local administration organizations and private sector

therein.

The State shall ensure the availability of different educational systems according to the

needs of people, including the promotion of life time learning. The State shall facilitate the cooperation

among the State, local administration organizations and private sector in the provision of education at

all levels thereof the State has the duty to operate, supervise, promote, and support such education to

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be of good quality and meet international standard. In this respect, the law on national education

requires that at least there shall be provisions related to development of a national education plan

including implementation and monitoring to ascertain compliance with the plan.

Education of all forms shall aim at developing learners to become good people, well-

disciplined, proud of the nation, capable with own skills, and responsible for family, community,

society and the country.

To ensure that young children are cared for and developed as provided in Paragraph Two or

that people are educated as stipulated in Paragraph Three, the State shall make available the fund to

support educational expenses of the impoverished in relation to their skills.

There shall be established a Fund to assist the impoverished in order to reduce the

educational disparity and to strengthen and improve the quality and efficiency of teachers. The State

shall allocate budget to the Fund or apply tax measures or mechanisms and allow the contributors to

the Fund to benefit from tax deduction, as provided by law. The law herein shall minimally require

independent management of the Fund and utilization of the Fund for achieving the purpose thereof.


Section 55 The State shall ensure the availability of efficient public health service for

all people, increase the basic knowledge of health promotion and disease prevention, and promote

and support the development of wisdom on Thai traditional medicine for realization of maximum

benefits.

The public health service under Paragraph One shall be inclusive of health promotion,

disease control and prevention, medical treatment, and health rehabilitation.

The State shall continually develop the public health service for the purpose of good quality

and higher standard.

Section 56 The State shall provide or arrange for basic public utilities essential for

the livelihood of all people, in consistent with the principle of sustainable development.

Concerning fundamental structure or network of the basic public utility enterprise of the

State essential for the livelihood of people or for the security of the State, the State shall refrain from

undertaking any act to give rise to the private sector the ownership thereof or to reduce its ownership

shares to lower than fifty one percent.

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Where the State provides or arranges for the public utilities under Paragraph One or

Paragraph Two, the State shall ensure that the fees are not so high as to create unreasonable burden

on the people.

The transfer in any respect of the public utilities of the State to the private sector for

business purpose, the State shall attain fair benefits in return, taking into consideration the investment

by the State, the possible benefits for the State and the private sector, and the fees to be collected

from people.

Section 57 The State shall:

(1) conserve, restore and promote local wisdom, art, culture, tradition and custom of

good value in the locality and the nation, and provide public space for the activities related thereto,

and promote and support people, communities and local administration organizations to exercise their

rights and participate in the implementation described herein,

(2) conserve, protect, maintain, restore, manage, and utilize or arrange for utilization of

natural resources, environment, and biodiversity to attain benefits in a balanced and sustainable

manner and shall allow the people and communities in the concerned localities to participate in and

benefit from the implementation herein described as required by the law.

Section 58 In the case where any activity to be implemented by the State or with

permission of the State may seriously constitute impact on natural resources, environmental quality,

health, hygiene, quality of life or any other substantial interest of people or community or

environment, the State shall manage for the undertaking of a study and an evaluation of impact on

environmental quality and health of the people or community, and for the consultation with the

concerned stakeholders, the people and the community beforehand with a view to supporting the

consideration to implement or to grant permission according to the law.

A person and a community shall have the right to obtain information, explanation and

justification from State agencies prior to the implementation or the permission under Paragraph One.

For the implementation or the permission under Paragraph One, the State shall take

cautions to minimize the impact on people, community, environment and biodiversity to the least

extent, and shall fairly and promptly arrange for the provision of remedy for the suffering or the

damage to the people or community affected thereby.


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Section 59 The State shall disclose public information or news in possession of State

agencies which are not in respect of security of the State or official secrets as specified by law, and

shall facilitate public access to such information or news.

Section 60 The State shall maintain transmission frequencies and the right to access

and utilize the satellite orbits, which are properties of the nation, in the interests of the country and

the people.

The utilization of the transmission frequencies under Paragraph One, irrespective of the

purpose of radio and television broadcasting and telecommunication or any other purpose, shall give

regard to the utmost benefit of the people, the security of the State, and the public interest, and shall

allow people to take part in the utilization thereof, as provided by law.

The State shall provide for establishment of an independent State organization entrusted

with the duty to govern the operation pertaining to transmission frequencies in a manner specified

under Paragraph Two. In this regard, such organization shall develop measures to prevent unfair

exploitation of or excessively unnecessary burden for consumers, interference of frequencies, the acts

that result in obstructing the freedom of knowing or hindering the receipt of true information or news

of the public, and prevent a person or a group of persons from utilizing frequencies with no regard to

the rights of the general public. The organization shall further determine the minimal proportion to be

undertaken by the users of frequencies in the interest of the public, as provided by law.


Section 61 The State shall provide effective measures or mechanisms to protect and

uphold the rights of consumers in various aspects, inclusive of their knowledge of true information,

safety, fair contracting, or any other aspect beneficial to consumers.

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Section 62 The State shall strictly maintain the fiscal discipline with a view to

stabilizing and securing the finance of the State in a sustainable manner pursuant to the law on fiscal

discipline of the State, and shall organize the tax system for the purpose of fairness in the society.

The law on fiscal discipline of the State shall minimally contain the provisions with respect

to operational framework of public finance and budget of the State, determination of income and

expenditures, both budgetary and non-budgetary, management of properties of the State and treasury

reserves, and public debt management.


Section 63 The State shall promote, support and educate the public in regard to the

harm caused by corruption and misconduct in public and private sectors, and arrange for effective

measures and mechanisms to rigorously prevent and eradicate corruption and misconduct as well as

mechanisms to enhance people to jointly participate in the campaigns for awareness raising,

combating or clue pointing thereof, under protection by the State as provided by law.


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CHAPTER VI

Policies of the State

Section 64 The provisions under this Chapter shall serve as directive principles of

legislation and determination of policies for the administration of State affairs.

Section 65 The State shall develop a national strategy as the goal for sustainable

development of the country based on the principle of good governance with a view to serving as a

framework for coherent and integrated planning of all kinds that give rise to a mutual force towards

such goal.

Development, determination of the goal, period of time required to achieve the goal, and

due essences of the national strategy shall be in accordance with the rules and procedure prescribed

by law. In this regard, such law shall contain the provisions concerning participation of and

consultation with people in all sectors throughout.

The national strategy shall enter into force upon its publication in the Government Gazette.

Referenced by: § 142, 162, 270, 275

Section 66 The State shall promote friendly relations with other countries on the

basis of equality and non-interference in domestic affairs, cooperate with international organizations,

and protect the interests of the country and of Thai nationals residing overseas.

Section 67 The State shall patronize and protect Buddhism and other religions.

With a view to patronizing and protecting the Buddhism, which has long been professed by

the Thai people, the State shall promote and support education and propagation of principles thereof

for the purpose of mind and intellectual development, and shall establish measures and mechanisms

to prevent the desecration of Buddhism in any form and encourage the participation of all Buddhists in

the application of such measures and mechanisms.

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Section 68 The State shall manage the administration of justice in all aspects in an

efficient, fair and non-discriminatory manner, and shall facilitate public access to convenient, speedy,

and low cost justice process.

The State shall provide protective measures for State officials in the administration of

justice in order to enable them to strictly perform their duties without interference or domination in

any way.

The State shall provide necessary and appropriate legal assistance, including the provision

of lawyers, to the impoverished or the underprivileged to enable their access to the justice process.

Section 69 The State shall provide and promote research and development of

science and technology as well as various disciplines of arts in order to constitute knowledge,

development and innovation for strengthening the society and enhancing competence of people in the

nation.

Section 70 The State shall promote and protect the rights of Thai people of different

ethnic groups to live voluntarily and peacefully without disturbances in the society according to their

culture, custom and traditional ways of life, in so far as such livelihood is not contrary to public order or

good morals of people, or does not harm the security of the State or health.

Section 71 The State shall empower the family institution which is an essentially

fundamental element of the society, provide appropriate habitation for people, promote and enhance

development of public health for the good health and strong mind of people, and promote and

develop sports to the level of excellence and in the best interest of the public.

The State shall promote and develop human resources to become good citizens of better

quality and higher competence.

The State shall provide assistance to children, youth, women, the elderly, persons with

disabilities, the impoverished and the underprivileged to enable them to live in good quality

conditions, and shall protect them from violence or unfair treatment, as well as providing the injured

therefrom with treatment, rehabilitation, and remedy.

When allocating the budget, the State shall take into consideration of the different

necessities and needs on the basis of sex, age and individual condition, for the purpose of fairness.

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Section 72 The State shall undertake the proceedings with respect to land, water

resources and energy as follows:

(1) plan for the use of lands in the country in a manner complying with their conditions

and potentials under the principle of sustainable development;

(2) make available the town planning at all levels and enforce effective implementation of

the plans, and develop towns in conformity with the needs of local people;

(3) adopt the measure to fairly distribute the possession of lands in order for people to

thoroughly and fairly access lands for making their livings;

(4) provide the quality water resources adequately for the consumption by people and for

use in agriculture, industry, and other sectors;

(5) promote the conservation and worthy utilization of energy, and develop and promote

the production and use of alternative energy with the aim to sustainably securing energy.

Section 73 The State shall provide measures or mechanisms to assist farmers in

carrying out efficient agriculture that yields production of high quantity and quality, low cost safety,

and marketing competitive ability, and shall assist poor farmers in accessing farming lands either by

means of land reform or any other means.

Section 74 The State shall enhance people to be capable of carrying out the work

suitable to their capacities and ages and of obtaining employment. The State shall ensure the

protection of work safety and hygiene for workers and the receipt of income, welfare, social security

and other benefits appropriate for their livelihoods, and shall provide or promote the savings for their

retirement.

The State shall arrange for a system of labor relations thereof all concerned parties

participate in the process.

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Section 75 The State shall organize the economic system that allows people to

comprehensively, fairly and sustainably benefit from economic growth and to become self-reliant

according to the philosophy of sufficiency economy, eradicates unfair economic monopoly, and that

develops capacity of the people and the country to respond to the economic competition.

The State shall refrain from any engagement in an enterprise in a manner of competition

with the private sector, unless it is of necessity for the maintenance of security of the State, the

maintenance of public interest, the provision of public utilities, or the provision of public services.

The State shall promote, support, protect and stabilize cooperatives system of all types, and

small and medium enterprises of the people and the communities.

With respect to the national development, the State shall give due regard to the balance

between objective development and development of mind and well-being of the people.

Section 76 The State shall develop a system for the administration of State affairs at

the central, regional, local levels and for other affairs of the State in compliance with the principle of

good governance, and State agencies shall mutually cooperate and support the performance of duties

with a view to enhancing maximum efficacy of the State administration, the public services and the

spending of budget in the interest of people. The State shall develop honesty and attitude of State

officials to serve the public in a convenient, speedy, and non-discriminatory fashion with efficient

performance.

The State shall make available a law on human resources management of State agencies to

comply with the ethical standards. Such law shall minimally prescribe measures to prevent any person

from abusing power or committing misconduct in a manner to intervene or interfere in the

performance of duties, the appointment process, or the consideration of laurels of State officials.

The State shall establish ethical standards for use by State agencies as the basis for

formulating the code of ethics of the agencies that shall not be lower than the standards established

herein.

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Section 77 The State shall enact laws merely to the extent of necessity and promptly

repeal or improve the laws which are unnecessary or incompatible with the current context, or are

obstacles to the livelihood or occupation so as to avoid burdens on the people. The State shall facilitate

public access to and public understanding of the laws in order for people to properly act in compliance

therewith.

Prior to the enactment of any law, the State shall conduct consultation with the

stakeholders, thoroughly and systematically assess possible impact of the law, and disclose results of

the consultation and the assessment to the public as well as taking such results into consideration at

every stage of the legislation process. While the law comes into force, the State shall undertake an

evaluation of the achievement of the law on a specified periodic basis, including the feedbacks from all

stakeholders thereof, with a view to developing all laws in a manner corresponding with and

appropriate for the changing contexts.

The State shall apply permit and committee systems in the legislation specifically only in

case of necessity, shall explicitly prescribe rules for the exercise of discretion by State officials and the

period of time required for implementation of each stage as provided by the law, and shall impose

criminal penalty specifically only for serious offences.


Section 78 The State shall promote accurate knowledge and understanding of

people and communities in relation to the democratic regime of government with the King as Head of

the State, and their participation in various aspects of the national development, in public services at

the national and the local levels, in examination of the exercise of State power, in combating the

corruption and misconduct, in political decision making, and in all matters that may affect the people

or the communities.

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CHAPTER VII

National Assembly

Part 1

General Provisions

Section 79 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 the Constitution.

No person shall be a member of the House of Representatives or a senator simultaneously.

Section 80 The President of the House of Representatives shall be President of the

National Assembly. The President of the Senate shall be 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 duty as President of the

National Assembly, the President of the Senate shall act as President of the National Assembly in his or

her place.

When the President of the Senate must act as President of the National Assembly under

Paragraph Two and there is no such person, and the case arises when there is no House of

Representatives, the Vice-President of the Senate shall act as President of the National Assembly. In

the event where there is no Vice-President of the Senate, the existing oldest member of the Senate

shall act as President of the National Assembly, and election of the President of the Senate shall

proceed promptly.

The President of the National Assembly shall have the powers and duties as provided by the

Constitution and shall conduct the proceedings of the National Assembly, with respect to the joint

sittings, in accordance with the rules of procedure.

The President of the National Assembly and the person acting in his or her place shall be

impartial in the performance of duties.

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The Vice-President of the National Assembly shall have the powers and duties as provided

by the Constitution and as entrusted by the President of the National Assembly.

Section 81 An organic law bill or a bill may be enacted only by advice and with

consent of the National Assembly.

Subject to Section 145, upon approval of an organic law bill and a bill by the National

Assembly, the Prime Minister shall submit it to the King for His signature, and such bill shall come into

force upon its publication in the Government Gazette.

Referenced by: § 137, 138, 143, 148, 256, 267

Section 82 Members of the House of Representatives or members of the Senate of

not less than one-tenth of the total number of the existing members of each House shall have the right

to lodge a complaint with the President of the House they are members thereof asserting that the

membership of any member of such House has terminated pursuant to Section 101 (3), (5), (6), (7), (8),

(9), (10), or (12) or Section 111 (3), (4), (5), or (7), as the case may be, and the President of the House

therewith the complaint is lodged shall forward the complaint to the Constitutional Court for

adjudication as to whether or not the membership of such person has terminated.

Upon receipt of the complaint by the Constitutional Court, and there appears a reasonable

ground to suspect the member in question as complained, the Constitutional Court shall order such

member to cease to perform duties until the Constitutional Court issues a decision. As soon as the

Constitutional Court has issued its decision, it shall notify the President of the House therewith the

complaint is lodged under Paragraph One of such decision. In case that the membership of the

member is terminated by the decision of the Constitutional Court, such member shall vacate office as

from the date of cessation of duties without prejudice to any act undertaken in his or her capacity prior

to the vacation of office.

The member of the House of Representatives or the Senate who has ceased to perform

duties under Paragraph Two shall not be included in the total number of the existing members of each

House.

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Under the circumstance where the Election Commission is of opinion that the membership

of any member of the House of Representatives or a senator has terminated under Paragraph One, it

shall refer the matter to the Constitutional Court for adjudication pursuant to Paragraph One.


Part 2

The House of Representatives

Section 83 The House of Representatives consists of five hundred members

including:

(1) three hundred and fifty members from the election on a constituency basis,

(2) one hundred and fifty members from the election on a party list basis.

In the event where the office of a member of the House of Representatives becomes vacant

for any reason and an election or announcement 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.

Where for any reason the party list members of the House of Representatives remain less

than one hundred and fifty, the party list members shall consist of the existing members.


Section 84 In the case where a general election results in ninety five percent of the

total number of members of the House of Representatives and it is necessary to convene a sitting of

the National Assembly, the sitting shall proceed and the existing members shall constitute the House of

Representatives. The acquisition for the shortfall of the number of members of the House of

Representatives pursuant to Section 83 shall be fulfilled without delay and such acquired members

shall hold office only for the remaining term of the House of Representatives.

Section 85 Election of members of the House of Representatives on a constituency

basis shall be by direct suffrage and secret ballot, and there shall be one member of the House of

Representatives in each constituency. An eligible voter shall have the right to cast ballot for one

candidate or not to cast ballot for any candidate in his or her constituency.

TofC § xref Index

The candidate who has received the highest votes and such votes are higher than the votes

not cast for any candidate in a constituency shall be elected.

The rules, procedure and conditions in respect of application for candidacy, ballot-casting,

vote-counting, calculation of the total votes, announcement of the result of the election, and other

related matters shall be in accordance with the Organic Law on Election of Members of the House of

Representatives therein every candidate is also required to submit the proof of tax income return in

support of the application.

The Election Commission shall announce the result of the election following the preliminary

examination wherefrom the findings reveal a reasonable ground to believe that the election is of

honest and fair manner, and where such result represents up to ninety five percent of all

constituencies. For this purpose, the Election Commission shall conduct a preliminary examination and

announce the result of the election without delay and not later than sixty days as from the date of

election. The announcement of the result shall not preclude the powers and duties of the Election

Commission from pursuing investigation, inquiry or adjudication should there be a reasonable ground

to suspect that an act of dishonesty has been committed at the election or the election is not honest or

fair, regardless of whether or not the result has been announced.

Section 86 In determining the number of members of the House of Representatives

in each province and the division of constituencies, the following procedure shall be carried out:

(1) divide the number of inhabitants throughout the country as evidenced in the census

announced in the year preceding the year of election by the number of three hundred and fifty

members of the House of Representatives and the result thereof shall be the number of inhabitants

per one member;

(2) any province with the number of inhabitants below the number of inhabitants per one

member under (1) shall have one member of the House of Representative and the province is regarded

a constituency;

(3) any province with the number of inhabitants above the number of inhabitants per one

member shall have an additional member of the House of Representatives for every such number of

inhabitants entitled to have one member;

(4) upon the number of members of the House of Representatives of each province being

obtained under (2) and (3), and the number of members of the House of Representatives is still less

TofC § xref Index

than three hundred and fifty, any province with the largest fraction remained from the calculation

under (3) 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 applied to the

province in respective order of fractions remained from the calculation until the total number of three

hundred and fifty is obtained;

(5) in a province where the number of members of the House of Representatives is more

than one, such province shall be divided into constituencies in the number equal to the number of

members of the House of Representatives as may be elected therein and, for this purpose, the

boundary of each constituency shall be adjacent and the number of inhabitants in each constituency

shall be closely apportioned.

Section 87 A candidate in an election of members of the House of Representatives

on a constituency basis shall be nominated to stand for election by the party he or she is a member

thereof, and may not stand for election in more than one constituency.

Following application of candidacy, a candidate or a political party may withdraw the

application for election or change the candidate only under the exceptional circumstance where the

original candidate dies or is disqualified or falls under any prohibition, and such either act shall be

undertaken prior to the closing date of application.


Section 88 Each political party nominating candidates in a general election shall

present, to the Election Commission before the closing date of application, a list of not more than

three persons nominated by such party to be considered by the House of Representatives for

appointment as the Prime Minister, and the Election Commission shall announce the names therein to

the public and the provisions of Section 87 Paragraph Two shall apply mutatis mutandis.

A political party may or may not nominate a list under Paragraph One.


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Section 89 The nomination of persons pursuant to Section 88 shall be in accordance

with the rules as prescribed hereunder:

(1) there must be a written consent from every person nominated which contains the

details as required by the Election Commission;

(2) the nominated person must have the qualifications and not fall under the prohibitions

of being a minister under Section 160, and must never give the written consent according to (1) to any

other political party in that election.

Failure to comply with Paragraph One in regard to the nomination of any person shall be

regarded as absent nomination.

Section 90 Any political party nominates candidates for an election on a

constituency basis shall be entitled to nominate party list candidates.

In nominating candidates for an election on a party list basis, each political party shall

prepare one list of the names of candidates and such names shall not be repeated in the lists prepared

by other parties and not duplicate with candidates in the election on a constituency basis. The party

shall submit the list to the Election Commission prior to the closing date of application for candidacy in

the election on a constituency basis.

The process for preparation of the list by a political party under Paragraph Two shall engage

members of the party, with regard given to candidates from equitably various regions and gender

equality.

Section 91 Calculation of the number of party list members of the House of

Representatives from each political party shall follow the following procedure:

(1) combine the total number of votes from the election on a constituency basis

throughout the country as obtained by all political parties that nominate party list candidates, and

divide it by five hundred which represents the total number of members of the House of

Representatives;

(2) divide the total number of votes from the election on a constituency basis throughout

the country as obtained by each political party by the result from (1), and the quotient shall be the

number of seats in the House of Representatives of that party;

TofC § xref Index

(3) less the number of members of the House of Representatives a political party shall

have under (2) by the total number of constituency members of the House of Representatives of that

party, and the result shall be the number of party list members of the House of Representatives of that

party;

(4) in the case where any political party has the number of constituency members of the

House of Representatives equal to or higher than the total number of seats the party shall have under

(2), such party shall have members of the House of Representatives in the number as elected on a

constituency basis and shall not be entitled to the apportionment of party list seats, and the total

number of party list seats shall be apportioned, on a pro rata basis, among the political parties thereof

the numbers of constituency members of the House of Representatives are lower than their

determined numbers of seats in the House of Representatives under (2), but shall not result in the

numbers of members of the House of Representatives excessive of the numbers they are entitled to

under (2);

(5) upon conclusion of the number of the party list seats for each political party,

candidates in respective numerical order in the list of such party shall be elected as members of the

House of Representatives;

In the event that any candidate dies after the closing date of application for election but

before the closing hour of ballot-casting on the day of election, the votes cast for the deceased

candidate shall be reckoned in under (1) and (2).

Vote counting, the rules and method of calculation, the determination of ratio, and the

announcement of the result of the election shall be in accordance with the Organic Law on Election of

Members of the House of Representatives.


Section 92 A re-election shall be conducted in the constituency where no candidate

has received votes higher than the votes not cast for any candidate, and the votes of each candidate

shall not be counted in the calculation under Section 91. In such case, the Election Commission shall

reopen an application for candidacy thereto all previous candidates shall not be entitled.

TofC § xref Index

Section 93 In a general election, if a new election on a constituency basis is required

for some constituencies or polling stations prior to the announcement of the result, or the election has

not completed, or the announcement of result has not completed for every constituency for whatever

reason, the calculation of the total number of members of the House of Representatives and the

number of party list members of the House of Representatives respectively entitled by each political

party shall be in accordance with the rules, procedure, and conditions as prescribed in the Organic Law

on Election of Members of the House of Representatives.

In the case where the calculation under Paragraph One results in the decrease in number of

party list seats of any political party in the House of Representatives, the party list members at the

bottom of the list of such party shall vacate office.


Section 94 Within one year as from the date of a general election, if a by-election of

member of the House of Representatives on a constituency basis is of necessity for any constituency

owing to the ground of dishonesty or unfairness, the provisions of Section 93 shall apply mutatis

mutandis.

An election of a member of the House of Representative to fill a vacancy, irrespective of any

reason whatsoever, after one year from the date of the general election shall not prejudice the

calculation of the number of seats of each political party in the House of Representatives as provided

in Section 91.


Section 95 A person having the following qualifications has the right to vote at an

election:

(1) being of Thai nationality, provided that a person who has acquired Thai nationality by

naturalization must hold the Thai nationality for not less than five years;

(2) being not less than eighteen years of age on the date of election; and

(3) having his or her name in the household registration in the constituency for not less

than ninety days up to the date of election.

An eligible voter residing outside the constituency where his or her name appears in the

household registration, or having his or her name in the household registration in the constituency for

a period of less than ninety days up to the date of election, or having a residence outside the Kingdom

TofC § xref Index

of Thailand may request to register for vote-casting outside the constituency at the venue and in

accordance with the date and time, procedure and conditions prescribed by the Organic Law on

Election of Members of the House of Representatives.

An eligible voter failing to exercise the right to vote without reasonable notification as

provided in the Organic Law on Election of Members of the House of Representatives may be subject

to restriction of certain rights specified by law.


Section 96 A person falling under any of the following prohibitions on the date of

election shall be disfranchised:

(1) being a Buddhist priest, novice, monk or clergy;

(2) being under suspension of the right to vote by judgment, regardless of whether or not

the case is final;

(3) being detained by a court warrant or by a lawful order;

(4) being of unsound mind or mental infirmity.


Section 97 A person having the following qualifications shall have the right to be a

candidate in an election of members of the House of Representatives:

(1) being of Thai nationality by birth;

(2) being not less than twenty five years of age on the date of election;

(3) being a member of only one political party for a consecutive period of not less than

ninety days up to the date of election, unless when the general election is a result of the dissolution of

the House of Representatives the period of ninety days shall be reduced to thirty days;

(4) a candidate in an election on a constituency basis shall also have any of the following

qualifications:

(a) having his or her name in the household registration in the province where he or

she stands for election for a consecutive period of not less than five years up to the date of application

for election;

(b) being born in the province where he or she stands for the election;

(c) having studied in an educational institution situated in the province where he or

she stands for the election for a consecutive period of not less than five academic years;

TofC § xref Index

(d) having served in the official service or performing duties in a State agency, or

having had his or her name in the household registration in the province where he or she stands for

the election, as the case may be, for a consecutive period of not less than five years.


Section 98 A person falling under any of the following prohibitions shall have no

right to be a candidate in an election of members of the House of Representatives:

(1) being addicted to narcotics;

(2) being bankrupt or having been dishonestly bankrupt;

(3) being the owner or a shareholder in newspaper business or any mass media;

(4) being disfranchised from exercising the right to vote pursuant to Section 96 (1), (2) or

(4);

(5) being under temporary suspension of applying for candidacy in an election or having

been revoked of the right to apply for candidacy in an election;

(6) having been sentenced to imprisonment by a court and being detained by a court

warrant;

(7) having been imprisoned and having been discharged for a period of less than ten years

up to the date of election, except in case of an offence committed with negligence or an offence of

misdemeanor;

(8) having been expelled from the official service, a State agency or a State enterprise on

the ground of malfeasance or be regarded as corruption in the official service;

(9) having been sentenced by a final judgment or order of a court to have his or her assets

vested in the State on the ground of unusual wealth, or having been sentenced to imprisonment by a

final judgment on the ground of committing an offence under the law on prevention and suppression

of corruption;

(10) having been convicted by a final judgment of a court for committing wrongful conduct

in official duties or justice affairs, or committing an offence under the law on the wrongful acts of

officials in State organizations or State agencies, or an offence against property in bad faith according

the Criminal Code, or an offence under the law on fraudulent acts related to loans of the people, or an

offence of being producer, importer or exporter or trader under the narcotics law, an offence of being

the owner or keeper of a gambling house under the law on gambling, or an offence of money

TofC § xref Index

laundering under the law on prevention and suppression of human trafficking or the law on prevention

and suppression of money laundering;

(11) having been convicted by a final judgment of a court for committing a fraudulent act

in an election;

(12) being a government official holding a permanent position or receiving salary, except

for a political official;

(13) being a member of a local council or being a local administrator;

(14) being a senator or having been a senator who has vacated office for a period of less

than two years;

(15) being an official or employee of a government agency, State agency or State

enterprise or being other State official;

(16) being a judge of the Constitutional Court or holding a position in an independent

organization;

(17) being under the prohibition of holding a political position;

(18) having vacated office based on the ground under Section 144 or Section 235

Paragraph Three.

Referenced by: § 101, 108, 160, 168, 202, 263, 264

Section 99 The term of the House of Representatives shall be four years from the

date of election.

During the term of the House of Representatives, merger of political parties having

members in the House of Representatives shall not be permitted.

Section 100 Membership of the House of Representatives shall commence on the

date of election.

Section 101 Membership of the House of Representatives shall terminate upon:

(1) expiration of the term or dissolution of the House of Representatives;

(2) death;

(3) resignation;

(4) vacation of office according to Section 93;

(5) being disqualified pursuant to Section 97;

(6) falling under any prohibition in Section 98;

TofC § xref Index

(7) acting in a manner of any prohibition under Section 184 or Section 185;

(8) resignation from his or her membership of a political party;

(9) being terminated of his or her membership of a political party by a resolution decided

with the votes of not less than three-fourths of the joint meeting of the Executive Committee of the

party and members of the House of Representatives affiliated to such party. In this case, if that

member of the House of Representatives does not become a member of another political party within

thirty days as from the date of the resolution, his or her membership of the House of Representatives

shall be deemed to have terminated as from the day following the date on which such period of thirty

days has elapsed;

(10) the loss of his or her membership of a political party in the case where that political

party is dissolved by an order and he or she is unable to become a member of another political party

within sixty days as from the date of issuance of the order. In this 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;

(11) vacation of office according to Section 144 or Section 235 Paragraph Three;

(12) having 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 House of Representatives;

(13) being sentenced to imprisonment by a final judgment of a court, notwithstanding the

suspension of punishment, unless such suspension is of an offence committed with negligence, a

misdemeanor or an offence of defamation.


Section 102 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

to be conducted within forty five days as from the date of the expiration of the term of the House of

Representatives.

The date of election under Paragraph One shall be the same throughout the Kingdom as

published by the Election Commission in the Government Gazette.


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Section 103 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 by a Royal Decree and shall

be made only one time under the same circumstance.

Within five days from the date the Royal Decree under Paragraph One comes into force, the

Election Commission shall announce and publish the date of a general election in the Government

Gazette which must not be less than forty-five days and more than sixty days from the date the Royal

Decree enters into force, and such date shall be the same throughout the Kingdom.


Section 104 Under the unavoidably necessary circumstance which results in the

inability to hold an election as announced by the Election Commission in Section 102 or Section 103,

the Election Commission may determine a new date of election, provided that the election must be

conducted within thirty days from the date such circumstance comes to an end. For the purpose of

counting the days pursuant to Section 95 (2) and Section 97 (2), the counting shall be up to the date of

election as determined under Section 102 or Section 103, as the case may be.


Section 105 When the office of a 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:

(1) In the case where the vacancy is that of the office of a member of the House of

Representatives elected on a constituency basis, a Royal Decree shall be issued for the conduct of an

election of a member of the House of Representatives to fill the vacancy, unless the remaining term of

the House of Representatives is less than one hundred and eighty days. The provisions in Section 102

shall apply mutatis mutandis.

(2) In the case where the vacancy is that of the office of a member of the House of

Representatives elected on a party list basis, the President of the House of Representatives shall, by

publication in the Government Gazette within seven days as from the date of vacancy, elevate the

person placed in the next order in the list of that political party to be a replacing member of the House

of Representatives. Where there is no remaining name in the list to be elevated to fill the vacancy, the

party list members of the House of Representatives shall be composed of the existing members.

TofC § xref Index

Membership of the replacing member of the House of Representatives under (1) shall

commence from the date on which the election to fill the vacancy is held while membership of the

replacing member of the House of Representatives under (2) shall commence from the day following

the date of publication of the name of the replacing member in the Government Gazette. The replacing

member of the House of Representatives shall hold office only for the remaining term of the House.

When the election to fill the vacancy is held, the calculation of proportional votes of

political parties in relation to the number of members of the House of Representatives on a party list

basis shall be in conformity with Section 94.

Section 106 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 having the majority of members in the

House, and having no member holding a ministerial position, the position of President of the House of

Representatives or the position of Vice-President of the House of Representatives.

In case of an equality of members of political parties in the House under Paragraph One, 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 under the circumstance as prescribed in Section 118 (1),

(2), (3), or (4). In such case, the King will appoint a new Leader of the Opposition in the House of

Representatives to fill the vacancy.

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Part 3

The Senate

Section 107 The Senate shall consist of two hundred members selected among

themselves of persons who possess knowledge, expertise, experience, profession, or common

characteristic or interest, or who work or have worked in diverse fields of the society. Division into

groups shall be carried out in a manner that enables every eligible person to be included in any group.

The division into groups, number of groups and qualifications of individuals in each group,

submission and acceptance of applications, rules and procedure for selection among themselves,

number of senators to be acquired from each group, listing of reserves, elevation of persons in the

reserve list to fill a vacancy, and any other necessary measure to ensure honest and fair selection shall

be in accordance with the Organic Law on the Acquisition of Senators. For the benefit of honest and

fair selection, a rule may be established that applicants in each group shall not select any person from

the same group or that the recruitment of applicants shall be made by any other means therein the

applicants are engaged.

The procedure in Paragraph Two shall proceed from the district level, to the provincial level,

and to the national level so as to ensure that members of the Senate represent all Thai people

nationwide.

Where the number of members of the Senate under Paragraph One is not fulfilled,

irrespective of a vacancy or whatever reason other than the expiration of the term of the Senate and

there exists no remaining reserve, the Senate shall consist of the existing members. Under the

circumstance where the existing members of the Senate are in the number less than one-half of the

total number of members of the Senate and the remaining term of the Senate is more than one year,

the selection of replacing members of the Senate shall be undertaken within sixty days as from the day

the number of existing members is less than one-half. In such case, the selected replacing members

shall hold office for the remaining term of the Senate.

Selection of members of the Senate shall be made by a Royal Decree, and within five days

from the day the Royal Decree comes into force the Election Commission shall determine the date for

commencing the selection process not later than thirty days from the effective date of the Royal

TofC § xref Index

Decree. Such determination shall be published in the Government Gazette and the provisions of

Section 104 shall apply mutatis mutandis.


Section 108 Members of the Senate shall have the qualifications and shall not fall

under the prohibitions as described hereunder:

a. qualifications:


(2) being of not less than forty years of age on the date of application;

(3) having knowledge, expertise, and experience or working in the field applied for

not less than ten years, or having the characteristics as prescribed in the rules and conditions provided

in the Organic Law on Acquisition of Senators;

(4) being born and having the name in the household registration, or having

connections with the locality of application as prescribed in the rules and conditions as provided in the

Organic Law on Acquisition of Senators.

b. prohibitions:

(1) being disfranchised from application for candidacy in an election pursuant to

Section 98 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (15) (16) (17) or (18);

(2) being a government official;

(3) being or having been a member of the House of Representatives, unless his or

her membership has terminated for not less than five years up to the date of application;

(4) being a member of a political party;

(5) holding or having held any position in a political party, unless he or she has

vacated office in the political party for not less than five years up to the date of application;

(6) being or having been a Minister, unless he or she has vacated office for not less

than five years up to the date of application;

(7) being or having been a member of a local council or being or having been a local

administrator, unless he or she has vacated office for not less than five years up to the date of

application;

(8) being an ascendant, a spouse or a child of a member of the House of

Representatives, a member of the Senate, a political official, a member of local council or a local

TofC § xref Index

administrator, a person concurrently standing for selection of a senator, or a position holding a

position in the Constitutional Court or a Constitutional organization;

(9) having been a member of the Senate under this Constitution.


Section 109 The term of the Senate shall be five years as from the date of the

announcement of the result of selection.

Membership of the Senate shall commence on the date of announcement of the result by

the Election Commission.

Upon expiration of the term of the Senate, its members shall continue to perform their

duties until new members are selected.


Section 110 Upon expiration of the term of the Senate, there shall be a new selection

of members of the Senate pursuant to Section 107 Paragraph Five.

Section 111 Membership of the Senate shall terminate upon:

(1) expiration of the term of the Senate;

(2) death;

(3) resignation;

(4) being disqualified or falling under any prohibition pursuant to Section 108;

(5) having 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;

(6) being sentenced to imprisonment by a final judgment of a court, notwithstanding the

suspension of punishment, unless such suspension is of an offence committed with negligence, a

misdemeanor or an offence of defamation;

(7) acting in a manner violating Section 113 or in a manner of prohibitions under Section

184 or Section 185;

(8) having vacated office based on the ground under Section 144 or Section 235

Paragraph Three.


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Section 112 A person having been a member of the Senate, and such membership has

terminated for not more than two years, shall not be a minister or a holder of a political position,

except for being a member of a local council or a local administrator.


Section 113 A member of the Senate shall not be sided with or yielded to the

mandate of any political party.


Part 4

Provisions Applicable to Both Houses

Section 114 Members of the House of Representatives and the Senate shall be

representatives of the Thai people and free from any mandate or domination, and shall honestly

perform the duties for the common interests of the country and the well-being of the people without

conflict of interest.

Section 115 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 shall perform my duties in accordance

with the honest dictates of my conscience for the common interests of the Thai people. I shall also

uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

Section 116 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.

While being in office, the President and the Vice-Presidents of the House of Representatives

shall not simultaneously be members of the Executive Committee of any political party or holding any

position in a political party.

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Section 117 The President and the Vice-Presidents of the House of Representatives

shall hold office until the expiration of the term or the dissolution of the House.

The President and the Vice-Presidents of the Senate shall hold office until expiration of the

term, except during the period as specified in Section 109 Paragraph Three that the President and the

Vice-Presidents of the Senate shall continue to hold office to perform the duties.


Section 118 The President and the Vice-Presidents of the House of Representatives

and the President and the Vice-Presidents of the Senate shall vacate office before the expiration of the

term as provided in Section 117 upon:

(1) loss of membership of the House of which he is a member;

(2) resignation;

(3) holding a position of Prime Minister, Minister or other political official;

(4) being sentenced to imprisonment by a judgment of a court, notwithstanding the case

is not final or there is a suspension of punishment, unless such case or suspension is of an offence

committed with negligence, a misdemeanor or an offence of defamation.


Section 119 The President of the House of Representatives and the President of the

Senate shall have the duties and powers to carry out the business of each House in accordance with its

rules of procedure. The Vice-presidents shall have the duties and powers 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.

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.

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Section 120 At a sitting of the House of Representatives and 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, the House of

Representatives or the Senate may otherwise prescribe a quorum in the rules of procedure.

A resolution on any issue shall be made by a majority of votes, unless it is otherwise

provided in the Constitution.

In casting a vote, each member shall have one vote. In case of an equality of votes, the

presiding member shall have an additional vote as a casting vote.

Minutes of a sitting and record of the voting of each member shall be disclosed to the

general public, except for the case of closed door sitting or 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 the Constitution.

Section 121 The National Assembly shall, within fifteen days as from the

announcement date of the result of the general election of members of the House of Representatives,

be summoned for the first sitting.

Each year, the National Assembly shall convene two ordinary sessions for a period of one

hundred and twenty days for each session but the King may graciously 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.

The day on which the first sitting under Paragraph One is held shall be considered as the

commencement date of the 1st general ordinary session while the commencement date of the 2nd

general ordinary session shall be as determined by the House of Representatives. However in the case

where the first sitting under Paragraph One has less time up to the end of a calendar year to convene

the 2nd general ordinary session, it may be omitted in that year.


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Section 122 The King convokes the National Assembly, opens and prorogues its

session.

The King may be present to perform the opening ceremony of the general ordinary session

or may graciously command the Heir to the Throne who is sui juris or any person to perform the

ceremony as His Representative.

When it is necessary for the interests of the State, the King may convoke an extraordinary

session of the National Assembly.

Subject to Section 123 and Section 126, the convocation, the prolongation of session and

the prorogation of the National Assembly shall be made by a Royal Decree.


Section 123 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 shall have the right

to lodge their petition with the President of the National Assembly to present to the King for the

issuance of a Royal Command convoking an extraordinary session of the National Assembly.

The President of the National Assembly shall thereafter present the petition to the King and

countersign the Royal Command.


Section 124 At a sitting of the House of Representatives, 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 charge or action in any manner whatsoever shall

be brought against such member.

The privilege under Paragraph One shall not extend to a member who expresses words at a

sitting which is broadcast through radio or television or any other means 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

another 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 the procedure and within

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such period of time as prescribed in the rules of procedure of that House, without prejudice to the

right of such person to bring the case before the Court.

The privilege provided in this Section shall extend 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 or any other means with the permission of the President of such House mutatis

mutandis.


Section 125 No member of the House of Representatives or a senator shall, during a

session, be arrested, detained or summoned by a warrant for inquiry as the alleged offender 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, for the purpose of the sitting of the House, such President may order the release

of the person so arrested.

If a member of the House of Representatives or a senator is detained during the inquiry or

the 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. In such case, the Court may or may not order a placement of bail or

bail with securities.

In the case where a criminal charge is brought against a member of the House of

Representatives or a senator, irrespective of whether the House is in session or not, the Court may try

the case during a session, provided that the trial of the Court shall not hinder such member from

attending the sitting of the House.

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Section 126 During the absence of the House of Representatives, either due to the

expiration of the term or the dissolution of the House of Representatives, or due to any reason, the

Senate shall not hold its sitting except in the following cases:

(1) a sitting at which the Senate shall undertake actions pursuant to Section 17, Section

19, Section 20, Section 21 or Section 177;

(2) a sitting at which the Senate shall consider a person for holding any office according to

the provisions of the Constitution.

Where there is a case under Paragraph One, the Senate shall conduct a sitting whereby the

President of the Senate shall inform the King for issuance of a Royal Command to convoke an

extraordinary session of the National Assembly and the President of the Senate shall countersign the

Royal Command.

Under the circumstance in (1), the Senate shall perform the duties of the National

Assembly, except that the votes of not less than two-thirds of the total number of the existing

members of the Senate are required for the consent under Section 177.


Section 127 A sitting of the House of Representatives and of the Senate and a joint

sitting of the National Assembly shall be in public under the conditions stipulated in the rules of

procedure of each House. Nevertheless, a sitting in camera shall be held in secret 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 128 The House of Representatives and the Senate shall have the power to

formulate the rules of procedure governing election and performance of duties of the President, the

Vice-Presidents, matters or activities within the scope of powers and duties of each standing

committee, performance and quorum of committees, sittings, submission and consideration of organic

law bills and bills, submission of motions, consultation, debate, the passing of a resolution, the

recording and disclosure of the passing of a resolution, interpellation, general debate, observation of

the rules and order, and other related affairs, and shall have the power to formulate the codes of

ethics of members and committee members, and other matters for the execution of the Constitution.

The provision in the rules of procedure under Paragraph One related to the appointment of

an ad hoc committee to consider a bill, the substance thereof is decided by the President of the House

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of Representatives to be concerned with children, youth, women, elderly or persons with disabilities or

handicapped, shall require that not less than one-third of the total number of members of the

committee must be persons of such any category or representatives of non-governmental

organizations working directly with persons of such category. In respect of the provision related to the

consideration of a bill introduced by eligible voters, it shall require that not less than one-third of the

total number of members of an ad hoc committee must be representatives of the voters such bill has

been introduced thereby.


Section 129 The House of Representatives and the Senate shall have the power to

select and appoint members of each House to constitute a standing committee and shall have the

power to select and appoint persons, being or not being its members, to constitute an ad hoc

committee or a joint committee in accordance with Section 137 in order to perform any act, inquire

into fact or study any matter and report its findings to the House.

The performance of an act, the inquiry into fact or the study under Paragraph One shall be

within the scope of duties and powers of such House, and the duties and powers of the committee as

specified in the resolution of appointment or for the performance of the committee shall be without

duplication. In the case where the performance of any act, the inquiry into fact or the study in any

matter of the committees are inter-related, the President of the each House shall ensure that all

concerned committees jointly undertake the activity so related.

The committee shall not authorize or entrust any person or any group of persons to inquire

into fact on its behalf.

The committee under Paragraph One shall have the power to demand documents from any

person or summon any person to give statements of fact or opinions on the act being performed or the

matter under its inquiry or study. Such power shall not apply to a judge or a tribunal performing duties

or exercising powers in the trial of a case or to the personnel management of each Court, and shall not

apply to a position holder in a Constitutional Organization in regard to the execution of direct duties

and powers of each Organization according to the Constitution or respective organic law, as the case

may be.

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The Minister in charge of the matter under inquiry or study by a committee shall have the

duty to instruct government officials under affiliation or supervision to provide statements of fact,

submit documents or give opinions as summoned by the committee.

The House of Representatives and the Senate shall disclose to the public minutes of the

meeting, operational report, fact-finding report or report of the study, as the case may be, of the

committee, unless there is a resolution of the House of Representatives or the Senate, as the case may

be, prohibiting such disclosure.

The privileges provided in Section 124 shall also extend to the persons performing their

duties and observing summon 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 in the House of Representatives.

In the absence of the rules of procedure of the House of Representatives under Section 128,

the President of the House of Representatives shall determine the proportion under Paragraph Eight.

Section 130 The following organic laws shall be enacted:

(1) the Organic Act on Election of Members of the House of Representatives;

(2) the Organic Act on Acquisition of Members of the Senate;

(3) the Organic Act on the Election Commission;

(4) the Organic Act on Political Parties;

(5) the Organic Act on the Ombudsman;

(6) the Organic Act on Prevention and Suppression of Corruption;

(7) the Organic Act on the State Audit;

(8) the Organic Act on Procedure of the Constitutional Court;

(9) the Organic Act on Criminal Procedure for Persons Holding Political Positions;

(10) the Organic Act on the National Human Rights Commission.

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Section 131 An organic bill shall be introduced only by:

(1) the Council of Ministers with the advice of the Supreme Court, the Constitutional

Court, or a concerned Constitutional Organization;

(2) members of the House of Representatives in the number of not less than one-tenth of

the total number of existing members of the House.


Section 132 Other than what provided hereunder, an organic bill shall be subject to

the same procedure as that of an act:

(1) an organic law bill shall be submitted to the National Assembly thereof a joint sitting

shall be convened to complete its consideration within one hundred and eighty days. Approval of the

bill shall be made, in the third reading, by the votes of more than one-half of the total number of the

existing members of the National Assembly. In the case where the joint sitting of the National

Assembly has not completed the consideration within the period as specified, it shall be deemed that

the National Assembly has approved the organic bill in accordance with Section 131;

(2) within fifteen days from the date of approval by the National Assembly of the organic

bill, the National Assembly shall forward the organic bill to the Supreme Court, the Constitutional

Court, or a concerned Constitutional Organization for comments. In the case where the Supreme

Court, the Constitutional Court, or the concerned Constitutional Organization has not expressed its

disagreement within ten days from the date of receipt of the bill, the National Assembly shall proceed

further;

(3) where the Supreme Court, the Constitutional Court, or the concerned Constitutional

Organization is of the opinion that any provision of the organic bill as approved by the National

Assembly is contrary to or inconsistent with the Constitution, or in a manner to incapacitate proper

performance of duties in accordance with the Constitution, such opinion shall be presented to the

National Assembly for consideration by a joint sitting thereof within thirty days from the date of

receipt of the opinion. In this case, the National Assembly shall have the power to amend the bill

according to the recommendation of the Supreme Court, the Constitutional Court, or the concerned

Constitutional Organization as deemed appropriate, and when the amendment has been made the

National Assembly shall proceed further.


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Section 133 A bill shall be first submitted to the House of Representatives and only

by:

(1) the Council of Ministers;

(2) members of the House of Representatives of not less than twenty in number;

(3) eligible voters of not less than ten thousands in number jointly introducing a bill

pursuant to Chapter III, regarding rights and liberties of the Thai people, or Chapter V, regarding the

duties of the State, as provided in the law on introduction of bills;

In the case that a bill introduced under (2) and (3) is a money-related bill, it shall be

introduced only with the endorsement of the Prime Minister.

Section 134 A money-related bill shall mean a bill with provisions dealing with any of

the following matters:

(1) the imposition, repeal, reduction, alteration, modification, remission, or regulation of

taxes or duties;

(2) the allocation, receipt, custody, payment of the State funds, or transfer of expenditure

estimates of the State;

(3) the raising of loans, or guarantee or redemption of loans, or any action binding

properties of the State; and

(4) currency.

In case of doubt as to whether a bill is a money-related bill, 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 Two within fifteen days as from the date such case occurs.

The resolution of the joint sitting under Paragraph Two 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.


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Section 135 For any bill introduced by members of the House of Representatives or

eligible voters which, at the stage of the adoption of its principle, was not a money-related bill but was

then amended by the House of Representatives and, in the opinion of the President of the House or

due to the admonition of members of the House that such amendment has rendered it to exhibit the

characteristic of a money-related bill, the President of the House of Representatives shall suspend the

consideration of such bill and proceed pursuant to Section 134 Paragraph Two, Paragraph Three and

Paragraph Four.

If the joint sitting under Paragraph One decides that the amendment has resulted in such

bill exhibiting the characteristic of a money-related bill, the President of the House of Representatives

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-related

bill.

Section 136 When the House of Representatives has considered a bill and resolved to

approve it, the House of Representatives shall submit such bill to the Senate thereby the consideration

of such bill must be completed within sixty days. If the bill is a money-related bill, the consideration

thereof must be completed within thirty days, unless the Senate, as a special case, resolves 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 date such bill reaches the Senate.

The period referred to in Paragraph One shall not include the period during which the bill is

under the consideration of the Constitutional Court under Section 139.

In case the Senate has not completed the consideration of the 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-related bill to the Senate,

the President of the House of Representatives shall also notify the Senate. Such notification shall be

deemed final. In the event that the President of the House of Representatives does not notify, such bill

shall not be deemed as a money-related bill.


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Section 137 After the Senate has completed the consideration of a bill:

(1) if it agrees with the House of Representatives, further proceedings under Section 81

shall be undertaken;

(2) if it disagrees with the House of Representatives, such bill shall be withheld and

returned to the House of Representatives;

(3) if there is an amendment, the amended bill shall be returned to the House of

Representatives. If the House of Representatives approves such amendment, further proceedings

under Section 81 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 determined by the House of Representatives, to

constitute a joint committee for considering the bill and the joint committee shall prepare a report

thereon and submit the bill which it has already considered to both Houses. If both Houses approve

the bill already considered by the joint committee, further proceedings under Section 81 shall be

taken. If either House disapproves it, regardless of whether or not the other House has considered it,

the bill shall be withheld.

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 existing members is

required to constitute a quorum and the provisions of Section 157 shall apply mutatis mutandis.

If the Senate does not return the bill to the House of Representatives within the period

specified under Section 136, it shall be deemed that the Senate has approved such bill and further

proceeding under Section 81 shall be taken.

Referenced by: § 129, 138, 139, 271

Section 138 A bill withheld under Section 137 may be reconsidered by the House of

Representatives only after the lapse of one hundred and eighty days as from:

(1) the date the bill is returned to the House of Representatives by the Senate in case of

withholding under Section 137 (2);

(2) the date either House disapproves it in case of withholding under Section 137 (3).

In such cases under Paragraph One, if the House of Representatives resolves to reaffirm the

original bill considered by the House 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

TofC § xref Index

shall be deemed to have been approved by the National Assembly and further proceedings under

Section 81 shall be taken.

Subject to Section 143 Paragraph Four, the period of one hundred and eighty days under

Paragraph One shall be reduced to ten days in the case where the bill withheld is a money-related bill.


Section 139 While a bill is being withheld pursuant to Section 137, the Council of

Ministers or members of the House of Representatives may not introduce a bill having the same or

similar principle as that of the bill so withheld.

In the case where the House of Representatives or the Senate is of the opinion that the bill

so introduced or referred to for consideration has the same or similar principle as that of the bill being

withheld, the President of the House of Representatives or the President of the Senate shall forward

the said bill to the Constitutional Court for decision. If the Constitutional Court decides that it is a bill

having the same or similar principle as that of the bill so withheld, such bill shall lapse.

Section 140 The payment of State funds shall be made specifically when it has been

authorized by the law on appropriations, the law on budgetary procedure or the law on transfer of

appropriations, the law on treasury balance, or the law on fiscal discipline, except that it may be

prepaid in the case of urgent necessity under the rules and procedure provided by law. In such case,

the expenditure estimates for reimbursement must be set aside in the Transfer of Appropriations Act

or the Supplementary Appropriations Act, or the Annual Appropriations Act for the following fiscal

year.

Section 141 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 pro tempore.

The State shall allocate budgets adequate for the independent administration of the

National Assembly, the Courts, the Constitutional Organizations, and the State Attorney Organization,

according to the rules prescribed in the law on State fiscal discipline. In the case where it deems that

the allocated budget may be inadequate for its administration, the National Assembly, the Courts, the

Constitutional Organizations, or the State Attorney Organization may directly submit a motion to the

concerned committee.

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Section 142 The introduction of an annual appropriations bill shall also demonstrate

sources of income and revenue estimates, expected outcomes or benefits from the spending of State

funds, and consistency with the national strategy and various development plans, according to the

rules prescribed in the law on State fiscal discipline.

Section 143 The House of Representatives shall complete the consideration of an

annual appropriations bill, a supplementary appropriations bill and a transfer of appropriations bill

within one hundred and fifty days as from the date the bills reach the House of Representatives.

If the House of Representatives has not completed the consideration of the bills within the

period referred to in Paragraph One, such bills shall be deemed to have been approved by the House of

Representatives and shall be submitted to the Senate for consideration.

In the consideration by the Senate, the Senate shall approve or disapprove the bills, without

any amendment, within twenty days as from the date the bills reach the Senate. Upon the lapse of

such period, the bills shall be deemed to have been approved by the Senate. In such case and in the

case where the Senate approves the bills, further proceedings under Section 81 shall be taken.

If the Senate disapproves the bills, the provisions of Section 138 Paragraph Two shall apply

mutatis mutandis and the House of Representatives shall immediately reconsider the bills.

The periods under Paragraph One and Paragraph Three respectively shall not include the

period of consideration by the Constitutional Court pursuant to Section 144 Paragraph Three.


Section 144 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 altering or amending any item or amount in the bills, but may submit a

motion reducing or abridging the expenditures which are not expenditures according to any of the

following obligations:

(1) money for payment of the principal of a loan;

(2) interest on a loan;

(3) money payable in accordance with the law.

In the consideration by the House of Representatives, the Senate or a committee, any

proposal, submission of a motion or commission of an act, which results in direct or indirect

TofC § xref Index

involvement in the use of the appropriations by members of the House of Representatives, senators or

members of the committee, 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 there has

been a violation of the provisions under Paragraph Two, they shall refer it to the Constitutional Court

for decision thereupon the Constitutional Court shall decide within fifteen days as from the date of

receipt of such opinion. In the event that the Constitutional Court decides that the violation of the

provisions under Paragraph Two has occurred, such proposal, submission of the motion, or commission

of the act shall be ineffective. If the violation has been committed by a member of the House of

Representatives or a senator, the membership of such person shall terminate from the date of the

decision issued by the Constitutional Court and his or her right to apply for candidacy in an election

shall be revoked. In the case where the Council of Ministers has committed such violation or approved

its commission or been aware of the violation but fails to order its suspension, the Council of Minister

shall vacate office en masse from the date of the decision issued by the Constitutional Court and the

right to apply for candidacy in an election of each vacated Minister shall be revoked, unless his or her

absence at the passing of the concerned resolution has been proved, and the person committing the

violation shall be liable for the reimbursement of such amount of money with interest.

Any State official developing a project or approving or allocating budget with the knowledge

of an act violating the provisions under Paragraph One or Paragraph Two shall be exempted from

liability if such person has a written record of disagreement or has informed the National Counter

Corruption Commission in writing.

The reimbursement under Paragraph Three or Paragraph Four shall be made within twenty

years from the date of such budget allocation.

Upon being informed under Paragraph Four, the National Counter Corruption Commission

shall conduct an investigation without delay and in secrecy. In the event where the Commission is of

the opinion that it is a prima facie case, it shall submit its opinion to the Constitutional Court for

further proceedings according to Paragraph Three and, irrespective of whatever circumstance, the

National Counter Corruption Commission and the Constitution or any person shall not disclose

information about the informant.

Referenced by: § 98, 101, 111, 143, 167

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Section 145 Upon approval of a bill by the National Assembly, the Prime Minister shall

wait for five days as from the date of receipt of that bill from the National Assembly and, in case of no

act required pursuant to Section 148, the Prime Minister shall present it to the King within twenty days

after the lapse of such waiting period.


Section 146 In the event where the King refuses His assent to a bill and returns it to

the National Assembly or does not return it within ninety days, the National Assembly shall 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 again present such

bill to the King for signature. If the King does not sign and return the bill within thirty days, the Prime

Minister shall cause the bill to be published in the Government Gazette as if it were an Act signed by

the King.


Section 147 In case of the expiration of the term of the House of Representatives or

the dissolution of the House of Representatives, the draft Constitution Amendment or the bill pending

approval of the National Assembly, or having been approved by the National Assembly but the King has

refused His assent thereto or has not returned it within ninety days, such draft or bill shall lapse.

Concerning all draft Constitution Amendments or bills pending approval of the National

Assembly and have lapsed under Paragraph One, if the Council of Ministers newly appointed after the

general election requests to the National Assembly that the National Assembly, the House of

Representatives or the Senate, as the case may be, continue its consideration. If the National Assembly

approves such request, the National Assembly, the House of Representatives or the Senate, as the case

may be, shall proceed; provided that the Council of Ministers must request within sixty days as from

the date convoking the first sitting of the National Assembly following the general election.


Section 148 Before the Prime Minister presents any bill to the King for His signature

pursuant to Section 81:

(1) 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 the provisions of such bill are contrary to or inconsistent with the Constitution, or the bill is

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enacted contrary to the provisions of the Constitution, they shall submit the 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 such opinion has been submitted

thereto shall refer it to the Constitutional Court for decision and, without delay, inform the Prime

Minister thereof;

(2) if the Prime Minister is of the opinion that the provisions of the bill are contrary to or

inconsistent with the Constitution, or the bill is enacted contrary to the provisions of the 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 not present

such bill to the King for His signature.

If the Constitutional Court decides that the provisions of the bill are contrary to or

inconsistent with the Constitution, or the bill is enacted contrary to the provisions of the Constitution,

and such provisions of the bill form the essential elements thereof, the bill shall lapse.

If the Constitutional Court decides that the provisions of the bill are contrary to or

inconsistent with the Constitution otherwise than in the case specified in Paragraph Three, such

contradictory or inconsistent provisions shall lapse and the Prime Minister shall proceed further in

accordance with Section 81.


Section 149 The provisions in Section 148 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 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.

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Section 150 Every member of the House of Representatives or senator shall have the

right to conduct an interpellation of a Minister, in writing or verbally, on any matter within the scope of

his or her authority, in accordance with the rules of procedure of such House which must to the least

provide for verbal interpellation without notice.

A Minister shall have the right to refuse to answer 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 151 Members of the House of Representatives of not less than one-fifth of

the total number of the existing members of the House shall 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 or the

Council of Ministers.

When the motion has been submitted according to Paragraph One, 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 Four.

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.

Any Minister has vacated the original office but remains to hold another ministerial position

after the date of submission of the motion by members of the House of Representatives under

Paragraph One, or has vacated the original office not more than ninety days before the date of

submission of the motion by members of the House of Representatives under Paragraph One but

remains to hold another ministerial position, such Minister shall continue to be subject to a general

debate for the purpose of passing a vote of no-confidence.


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Section 152 Members of the House of Representatives of not less than one-tenth of

the total number of the existing members of the House of Representatives shall have the right to

submit a motion for a general debate for the purpose of inquiring into fact or presenting problems to

the Council of Ministers without a resolution to be passed.


Section 153 Senators of not less than one-third of the total number of the existing

members of the Senate shall 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 State affairs without a resolution to be passed.


Section 154 The submission of the motion for the general debate under Section 151,

Section 152 or Section 153, as the case may be, shall be permitted once in a year.

The provision in Paragraph One shall not be applied to the general debate provided in

Section 151 which has been concluded with the resolution to pass over the agenda of such debate.

Section 155 In the case where there is an important problem in respect of the safety

and security or the economy of the country, and it is deemed expedient to convene a joint consultation

between the National Assembly and the Council of Ministers, the Leader of the Opposition in the

House of Representatives 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, the President of the

National Assembly shall convene a sitting within fifteen days from the date of receipt of the notice, and

no resolution shall be passed by the National Assembly on the issue put in the debate.

The sitting under Paragraph One shall be secret and the Council of Ministers has the duty to

attend the sitting.


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Part 5

Joint Sittings of the National Assembly

Section 156 The National Assembly shall hold a joint sitting in the following cases:

(1) the approval of the appointment of the Regent under Section 17;

(2) the making of a solemn declaration by the Regent before the National Assembly under

Section 19;

(3) the acknowledgment of an amendment of the Palace Law on Succession, B.E. 2467,

under Section 20;

(4) the acknowledgment or approval of the succession to the Throne under Section 21;

(5) the approval of the prorogation of a session under Section 121;

(6) the opening of the session of the National Assembly under Section 122;

(7) the consideration of an organic bill under Section 132;

(8) the deliberation of an organic bill or a new bill under Section 146;

(9) the approval under Section 147;

(10) the general debate under Section 155 and Section 165;

(11) the making of the rules of procedure of the National Assembly under Section 157;

(12) the announcement of policies under Section 162;

(13) the approval of the declaration of war under Section 177;

(14) the hearing of explanation and the approval of a treaty under Section 178;

(15) the amendment of the Constitution under Section 256;

(16) other cases as provided in the Constitution.

Section 157 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 are not yet in

place, the rules of procedure of the House of Representatives shall apply mutatis mutandis.

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 shall be in proportion to or in close proportion

to the number of members of each House.


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CHAPTER VIII

Council of Ministers

Section 158 The King appoints the Prime Minister and not more than thirty-five other

Ministers to constitute the Council of Ministers having the duties to carry out the administration of the

State affairs in accordance to the principle of collective responsibility.

The Prime Minister must be appointed from the person approved by the House of

Representatives pursuant to Section 159.

The President of the House of Representatives shall countersign the Royal Command

appointing the Prime Minister.

The Prime Minister shall not hold office for a total period of more than eight years,

notwithstanding consecutively or not, and such period shall not count the period he or she continues

to perform the duties after vacating office.


Section 159 The House of Representatives shall complete its consideration and

approval of a person suitable to be appointed as Prime Minister as selected from the nominees having

the qualifications and not falling under the prohibitions under Section 160 including who appear in the

lists presented according to Section 88 specifically by the political parties having members in the House

of Representatives not less than five percent of the total number of the existing members of the

House.

The nomination of a person under Paragraph One shall be endorsed by members of the

House of Representatives of not less than one-tenth 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 open votes of more than one-half of the total number of the

existing members of the House.

Referenced by: § 158, 167, 168, 272

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Section 160 A Minister shall:

(1) be of Thai nationality by birth;

(2) be not less than thirty five years of age;

(3) have graduated with not lower than a Bachelor Degree or its equivalent;

(4) be of apparent honesty;

(5) not possess behavior seriously violating or failing to comply with the ethical standard;

(6) not be under any of the prohibitions in Section 98;

(7) not be sentenced to imprisonment by a judgment of a court, notwithstanding the case

is not final or there is a suspension of punishment, unless it is on account of an offence committed with

negligence, a misdemeanor or an offence of defamation;

(8) not vacate office, on the ground of committing an act prohibited under Section 186 or

Section 187, for less than two years up to the date of appointment.

Referenced by: § 89, 159, 168, 170, 264

Section 161 Before taking office, a Minister shall make a solemn declaration before

the King in the following words:


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.”

In the case where the King has permitted the Council of Ministers to perform duties prior to

the making of a solemn declaration, the Council of Ministers shall proceed according to Section 162

Paragraph Two. In such case, the Council of Ministers under Section 168 (1) shall vacate office from the

date of His permission.

Section 162 The Council of Ministers which will assume the administration of the

State affairs shall, within fifteen days as from the date it takes office, state its policies to the National

Assembly in compliance with the Duties of the State [Section 51], Directive Policies of the State and the

National Strategy, and shall demonstrate the sources of revenue for spending on the implementation

thereof, with no passing of a resolution on the vote of confidence.

Prior to the statement of policies to the National Assembly under Paragraph One, if there

occurs a matter of importance and exigency which, once left delayed, will affect substantial benefits of

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the State, the Council of Ministers which has taken office may, for the time being, carry out an act in so

far as it is necessary.


Section 163 A Minister shall have the right to attend and give statements of fact or

opinions at a sitting of the House with no right to vote, unless it is a voting in the House of

Representatives thereof such Minister is a member, and the privilege provided in Section 124 shall

apply mutatis mutandis.

Section 164 The Council of Ministers shall carry out the administration of the State

affairs in accordance with the provisions of the Constitution, laws and the policies stated to the

National Assembly, and shall observe the following rules:

(1) performing the duties and exercise the powers with honesty, good faith, sacrifice,

transparency, and undertaking affairs with prudence and caution in the best interests of the country

and general public;

(2) strictly maintaining discipline in the affairs relating to the State funds according to the

law on fiscal discipline of the State;

(3) adhering to and observing the principle of good governance;

(4) enhancing all sections of the society to together live in a just, peaceful and

harmonious manner.

A Minister shall be responsible to the House of Representatives for the matters under own

duties and powers, and shall be responsible collectively to the National Assembly for the

determination and the implementation of the policies of the Council of Ministers.

Section 165 In the case where there is an important problem in the administration of

State affairs in regard to which the Council of Ministers deems it advisable to take opinions 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.


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Section 166 In case of a reasonable cause, the Council of Ministers may request to

have a public referendum conducted in respect of a matter which is not contrary to or inconsistent

with the Constitution, or a matter which is not concerned with a person or a group of persons, as

provided by law.

Section 167 Ministers shall vacate office en masse upon:

(1) the termination of the ministerial status of the Prime Minister under Section 170;

(2) the expiration of the term or the dissolution of the House of Representatives;

(3) the resignation of the Council of Ministers;

(4) the vacation of office based on the grounds in Section 144.

Upon the vacation of office of the Council of Ministers according to (1), (3) or (4), a new

Council of Ministers shall be appointed pursuant to Section 158 and Section 159.


Section 168 The vacating Council of Ministers shall remain in office to continue the

duties in compliance with the following conditions:

(1) in case of vacation of office under Section 167 (1), (2) or (3), the Council of Ministers

shall remain in office to continue the duties until the newly appointed Council of Ministers takes office,

except in the case where the Prime Minister vacates office according to Section 167 (1) on the ground

of being disqualified or falling under any of the prohibitions in Section 98 or Section 160 (4) or (5), the

Prime Minister shall not remain in office to continue the duties.

(2) in case of vacation of office under Section 167 (4), the vacating Council of Ministers

shall not remain in office to continue the duties.

In the event where the Council of Ministers shall not remain in office to continue the duties

as provided in (2), or the Council of Ministers having remained to continue the duties resigns and

Section 158 and Section 159 may not apply, due to any reason whatsoever, or the proceedings under

Section 158 and Section 159 have not completed, the Permanent Secretaries shall, for the time being,

act in place of respective Ministers specifically to the extent of necessity and the Permanent

Secretaries shall elect one among themselves to act in place of the Prime Minister.


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Section 169 In the case where the Council of Ministers vacating office according to

Section 167 (2) shall remain in office to continue the duties according to Section 168, the Council of

Ministers shall perform the duties in compliance with the following conditions:

(1) refraining from committing an act which results in the approval of a task or project or

which binds the forthcoming Council of Ministers, except for that already specified in the annual

appropriations;

(2) refraining from appointing or transferring any government official who holds a

permanent position or receives a salary, or any employee of a State agency, State enterprise or any

enterprise thereof the State is a major shareholder, or from causing such person to be discharged from

duties or removed from office or be replaced by another person, except by prior approval of the

Election Commission;

(3) refraining from committing an act which results in the approval of the spending of

budget reserved for emergency or necessary circumstance, except by prior approval of the Election

Commission; ;

(4) refraining from using resources or personnel of the State to commit any act which

may affect result of an election, and from committing an act in violation of any prohibition under the

regulation prescribed by the Election Commission.

Section 170 The ministerial status of an individual Minister shall terminate upon:

(1) death;

(2) resignation;

(3) the passing of a vote of no-confidence by the House of Representatives;

(4) being disqualified or being under any of the prohibitions under Section 160;

(5) committing an act of prohibition under Section 186 or Section 187;

(6) the issuance of a Royal Command removing a Minister from office according to

Section 171.

In addition to the grounds for the termination of the ministerial status of an individual

minister under Paragraph One, the ministerial status of the Prime Minister shall terminate upon the

expiration of the period under Section 158 Paragraph Four.

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The provisions of Section 82 shall apply mutatis mutandis to the termination of the

ministerial status under (2), (4), or (5) or Paragraph Two, and for this purpose the Election Commission

shall also have the power to refer the matter to the Constitutional Court for decision thereon.


Section 171 The King has the prerogative to remove a Minister from office upon the

advice of the Prime Minister.

Section 172 For the purpose of maintaining national or public safety, 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 merely when the

Council of Ministers is of the opinion that it is the circumstance of unavoidable exigency.

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 shall proceed to convoke an extraordinary session of the National Assembly in order to

promptly consider whether to approve or disapprove the Emergency Decree. In the case where 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 of Representatives, the Emergency Decree shall lapse. In this case,

it shall not affect any act undertaken during the enforcement of such Emergency Decree.

If the Emergency Decree under Paragraph One has the effect of amending or repealing

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 the repeal shall continue to be in force as from

the date 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.

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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

and the reaffirmation of the Emergency Decree shall be undertaken at the first opportunity when each

House holds its sitting.


Section 173 Before the House of Representatives or the Senate approves an

Emergency Decree, 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 shall 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 172 Paragraph One, and to request the President of such House to refer the opinion to

the Constitutional Court for decision within three days from the date of receipt of the opinion. The

consideration of the Emergency Decree shall be suspended until the decision of the Constitutional

Court is notified.

The Constitutional Court shall render its decision within sixty days from the date of the

receipt of the matter, and shall notify its decision to the President of the House wherefrom such

opinion has been referred.

In the case where the Constitutional Court decides that any Emergency Decree is not in

compliance with Section 172 Paragraph One, such Emergency Decree shall not have the force of law ab

initio.

The decision of the Constitutional Court that any Emergency Decree is not in compliance

with Section 172 Paragraph One shall be on account of the votes of not less than two-thirds of the total

number of the existing Constitutional Judges.

Section 174 Where it is of necessity to have a law on taxes or currency which, in the

interest 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 provisions of Section 172 Paragraph Three, Paragraph Four, Paragraph Five, Paragraph

Six, and Paragraph Seven shall apply to the Emergency Decree enacted under Paragraph One mutatis

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mutandis. In case of the enactment during a session, the Emergency Decree shall be submitted to the

House of Representatives within three days as from the day following the date of its publication in the

Government Gazette.

Section 175 The King has the prerogative to issue a Royal Decree which is not

contrary to the law.

Section 176 The King has the prerogative to declare and lift 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 shall do so under the Martial Law.

Section 177 The King has the prerogative to declare war with the approval of the

National Assembly.

The approval of the resolution of the National Assembly shall be passed by the votes of not

less than two-thirds of the total number of the existing members of both Houses.


Section 178 The King has the prerogative to conclude a peace treaty, armistice and

other treaties with other countries or international organizations.

A treaty, which provides for a change in the Thai territories or the external territory under

the sovereignty or jurisdiction of Thailand according to a treaty or an international law, or requires the

enactment of an Act for the implementation of the treaty and other treaties which may constitute

immense impact on the economic or social security or the trade or investment of the country, shall be

approved by the National Assembly. In such case, the National Assembly must complete its

consideration within sixty days as from the date of receipt of such treaty. If the National Assembly fails

to complete within the specified period, it shall be deemed that the National Assembly has approved

such treaty.

Other treaties which may constitute immense impact on the economic or social security or

the trade or investment of the country under Paragraph Two include the treaties relating to free trade,

joint customs area, or permitting the utilization of natural resources or resulting in the loss of rights of

the State in natural resources, wholly or partly, or other treaties as provided by law.

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There shall be a law prescribing the procedure for people to participate by expressing their

opinions and to be provided with necessary remedy for the impact of the conclusion the treaties under

Paragraph Three.

When a question arises whether or not any treaty falls under Paragraph Two or Paragraph

Three, the Council of Ministers may request the Constitutional Court to decide thereon. In such case,

the Constitutional Court shall conclude its decision within thirty days as from the date of receipt of the

request.


Section 179 The King has the prerogative to grant a pardon.

Section 180 The King appoints and removes officials in the military service and civil

service who hold the positions of Permanent Secretary, Director-General and their equivalents, except

in case of the vacation of office upon death, retirement or punishment.

Section 181 A government official and a State official holding a permanent position or

receiving a salary and not being a political official shall not be a political official or hold any other

political position.

Section 182 All laws, Royal Rescripts and Royal Commands relating to the State affairs

must be countersigned by a Minister, unless otherwise provided in the Constitution.

The person countersigning the Royal Command shall take charge of all affairs under the

Royal Command.

Section 183 Emoluments and other remuneration of Privy Councilors, 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 Councilors who vacate office shall be

prescribed by the Royal Decree.

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CHAPTER IX

Conflict of Interests

Section 184 Members of the House of Representatives and senators shall not:

(1) hold any position or have any duty in a government agency, a State agency or a State

enterprise, or hold a position of a member of a local assembly or a local administrator;

(2) receive or interfere or intervene in any concession from the State, a government

agency, a State agency or a State enterprise, or become a party to a contract of the nature of

monopoly with the State, a government agency, a State agency or a State enterprise, or be a partner or

a shareholder in a partnership or a company being granted such concession or becoming a party to the

contract of such nature, whether directly or indirectly;

(3) receive any special money or benefit from a government agency, a State agency or a

State enterprise other than that given by the government agency, the State agency or the State

enterprise to other persons in the ordinary course of business;

(4) act, directly or indirectly, in a manner of wrongfully hindering or intervening in the

exercise of rights or liberties of newspapers or mass media;

The provisions of this Section shall not apply in the case where a member of the House of

Representatives or a senator receives a military pension, a gratuity, a pension, an annuity of a member

of the royal family or any other money of the same nature, and shall not apply in the case where a

member of the House of Representatives or a senator accepts or holds a position in a committee of the

National Assembly, the House of Representatives or the Senate, or in a committee appointed for the

administration of the State affairs concerned with the activities of the Houses, or in a committee as

specifically provided by law.

The provisions in (2) and (3) shall apply to spouses and children of members of the House of

Representatives or senators and to other persons than spouses and children of such members of the

House of Representatives or senators who act in a manner of server, participant, or being entrusted by

members of the House of Representatives or senators to commit the acts under this Section.

Referenced by: § 101, 111, 186, 263, 264, 269

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Section 185 Members of the House of Representatives or senators shall not, through

the status or the position of members of the House of Representatives or senators, commit an act of

intervention or interference in the following matters, directly or indirectly, in the interest of oneself,

another person or a political party:

(1) the performance of official duties or the undertaking of regular duties of a

government official, official or employee of a government agency, a State agency, a State enterprise, or

an enterprise therein the State holds the majority of the shares, or a local government organization;

(2) the facilitation of self-involvement in the spending of budget or in the approval of any

project of a State agency, unless it falls under the activities of the National Assembly;

(3) the recruitment, appointment, reshuffle, transfer, promotion, salary increase, or

removal from office of a government official holding a permanent position or receiving a salary and not

being a political official, an official or employee of a government agency, a State agency, a State

enterprise, an enterprise therein the State holds the majority of the shares, or a local government

organization.


Section 186 The provisions of Section 184 shall apply to Ministers mutatis mutandis,

except for:

(1) the holding of a position or the undertaking required by the provisions of the law to be

the duties or powers of the Ministers;

(2) the commission of an act in accordance with the duties and powers in the

administration of the State affairs or the policies stated to the National Assembly or the provisions of

law.

In addition to the acts enumerated under Paragraph One, the Ministers shall not abuse their

status or position to commit any act, directly or indirectly, which wrongfully intervenes in or interferes

with the performance of duties of a State official in the interest of oneself, another person or any

political party as provided in the ethical standard.


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Section 187 A Minister shall not be a partner or shareholder of a partnership or a

company or retain his being a partner or shareholder of a partnership or a company up to the limit

specified by law, and shall not be an employee of any person.

In the case where any Minister intends to continue to receive benefits in such cases under

Paragraph One, 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 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, in any way, be involved in the management of shares or affairs of the

partnership or company under Paragraph Two.

The provisions in this Section which are specifically concerned with being a partner or

shareholder shall apply to the spouse and minor children of a Minister and the holding of shares of a

minister under possession or care of other persons in any way.


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CHAPTER X

The Courts

Part 1

General Provisions

Section 188 The trial and adjudication of cases are the powers of the Courts, which

shall proceed in accordance with the law and in the name of the King.

Judges and tribunals shall be independent in the trial and adjudication of cases in an

expeditious, fair and without prejudice manner according to the Constitution and law.


Section 189 All Courts shall be established by Acts.

An establishment of a new Court or the prescription of a procedure for the trial and

adjudication of any particular case or a case of any particular charge in lieu of the Court existing under

the law and having jurisdiction over such case shall be prohibited.

Section 190 The King appoints and removes judges and tribunals. In case of vacating

office upon death, retirement or expiration of term, or being discharged from official service as a result

of punishment, the King shall be informed accordingly.


Section 191 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.”


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Section 192 In the case where there is a dispute over the competent jurisdiction

among the Courts of Justice, the Administrative Court, or the Military Court, it shall be decided by a

committee consisting of the President of the Supreme Court as the Chairperson, and the President of

the Supreme Administrative Court, the Chief of Military Judicial Office, and not more than four experts

as the members, as provided by law.

The rules and procedure for adjudging the dispute over the competent jurisdiction under

Paragraph One shall be as provided by law.

Section 193 Each Court shall, except for the Military Court, have an office in charge of

administration being independent in personnel administration, budgeting, and other affairs with one

superior under supervision of the President of each Court, as provided by law.

The Court of Justice and the Administrative Court shall have specific system of salary and

remuneration, as appropriate, as provided by law.


Part 2

Courts of Justice

Section 194 The Courts of Justice have the powers to try and adjudicate all cases,

except those specified by the Constitution or the law to be within the jurisdiction of other courts.

The establishment, procedure, and operations of the Courts of Justice shall be according to

the law governing such matter.

Section 195 There shall be in the Supreme Court a Criminal Division for Persons

Holding Political Positions, the quorum of which consists of not less than five and up to nine judges of

the Supreme Court holding a position of not lower than Judge of the Supreme Court or senior judges

having held a position of not lower than Judge of the Supreme Court, and elected, on a case-by-case

basis, at the general meeting of the Supreme Court in accordance with the organic Act on criminal

procedure for persons holding political positions.

The competent jurisdiction of the Supreme Court Criminal Division for Persons Holding

Political Positions shall be as provided by the Constitution.

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The criminal procedure for persons holding political positions shall be in accordance with

the organic law on criminal procedure for persons holding political positions.

An appeal against a judgment of the Supreme Court Criminal Division for Persons Holding

Political Positions shall be submitted to the general meeting of the Supreme Court within thirty days

from the date of issuance of such judgment.

Adjudication of the appeal by the general meeting of the Supreme Court under Paragraph

Four shall be proceeded by a quorum of the Supreme Court elected on a case-by-case basis by the

general meeting of the Supreme Court, which consists of nine judges of the Supreme Court who hold a

position of not lower than the Chief Judge of the Supreme Court or senior judges having held a position

of not lower than the Chief Judge of the Supreme Court and who have not previously adjudicate such

case. The judgment rendered by the quorum of the Supreme Court shall be considered the appeal

judgment of the general meeting of the Supreme Court.

In the case where the Supreme Court Criminal Division for Persons Holding Political

Positions has rendered a judgment to remove any person from office, or its judgment has resulted in

the removal of any person from office, regardless of whether or not the appeal has been filed under

Paragraph Four, such person shall vacate office as from the date of the judgment rendered by Supreme

Court Criminal Division for Persons Holding Political Positions.

The rules and procedure for filing the appeal under Paragraph Four and the adjudication of

the appeal under Paragraph Five shall be according to the Organic Act on Criminal Procedure for

Persons Holding Political Positions.

Section 196 Personnel administration relating to judges of the Courts of Justice shall

be independent and executed by the Judicial Commission of the Courts of Justice, which consists of the

President of the Supreme Court as the Chairperson and qualified members who are judicial officials

from each level of the Courts and not more than two qualified members who are not or were not

judicial officials and are elected by judicial officials, as provided by law.


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Part 3

Administrative Courts

Section 197 Administrative Courts have the power to try and adjudicate

administrative cases as a consequence of the exercise of an administrative power according to the law

or of the undertaking of an administrative affair, as provided by law.

There shall be the Supreme Administrative Court and the Administrative Court of First

Instance.

The jurisdiction of the Administrative Courts under Paragraph One shall not include the

adjudication made by Constitutional Organizations as the direct exercise of their powers under the

Constitution.

The establishment, procedure, and operations of the Administrative Courts shall be

according to the law governing such matter.

Section 198 Personnel administration relating to judges of the Administrative Courts

shall be independent and executed by the Judicial Commission of the Administrative Courts, which

consists of the President of the Supreme Administrative Court as the Chairperson and qualified

members who are judges in the Administrative Courts and not more than two qualified members who

are not or have never been judges in the Administrative Courts and are elected by judicial officials of

the Administrative Courts, as provided by law.


Part 4

Military Courts

Section 199 Military Courts have the power to try and adjudicate criminal cases

therein the offenders are subject to the jurisdiction of the Military Courts and other cases, as provided

by law.

The establishment, procedure, and operations of the Military Courts, and the appointment

and removal from office of military judges shall be according to the law governing such matter.

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CHAPTER XI

The Constitutional Court

Section 200 The Constitutional Court consists of nine Constitutional Judges as

appointed by the King as follows:

(1) three judges of the Supreme Court having held a position of not lower than the Chief

Judge of the Supreme Court for not less than three years who are elected at the general meeting of the

Supreme Court;

(2) two judges of the Supreme Administrative Court having held a position of not lower

than the Chief Judge of the Administrative Court for not less than five years who are elected at the

general meeting of the Supreme Administrative Court;

(3) one qualified person in law who is selected from persons holding a position of

professor or having in the past held a position of professor in the universities in Thailand for not less

than five years with outstanding academic work;

(4) one qualified person in political science or public administration who is selected from

persons holding a position of n professor or having in the past held a position of professor in the

universities in Thailand for not less than five years with outstanding academic work;

(5) two qualified persons who are selected from officials or former officials holding a

position of not lower than the Director-General or its equivalent or a position of not lower than the

Deputy Attorney General for not less than five year.

In the case where no Chief Judge of the Supreme Court under (1) is elected, the general

meeting of the Supreme Court shall may elect persons having in the past held a position of not lower

than a Judge of the Supreme Court for not less than three years.

The periods under Paragraph One shall count up to the date of being elected or the date of

application for the selection, as the case may be. Under an unavoidable necessary circumstance, the

Selection Committee may announce the reduction of the periods under Paragraph One or Paragraph

Two, but shall not reduce to less than two years.

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Section 201 A Judge of the Constitutional Court shall possess the following

qualifications:


(2) being not less than forty five and not over sixty eight years of age, on the date of being

selected or the date of application;

(3) having graduated with not lower than a bachelor degree or its equivalent;

(4) being a person with apparent honesty;

(5) having a good health condition to perform duties effectively.

Referenced by: § 203, 208, 216, 263

Section 202 A Judge of the Constitutional Court shall not be under any of the

following prohibitions:

(1) being or having in the past been a Judge of the Constitutional Court or holding a

position in any Constitutional Organization;

(2) being under the prohibitions in Section 98 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10),

(11), (17) or (18);

(3) having been sentenced to imprisonment by a final judgment of a court, unless it is on

account of an offence committed with negligence or a misdemeanor;

(4) being or having in the past been a member of the House of Representatives, a senator,

a political official, or a member of a local assembly or a local administrator over the period of ten years

preceding the election or selection;

(5) being or having in the past been a member or a holder of another position in a

political party over the period of ten years preceding the election or selection;

(6) being a government official holding a permanent position or receiving a salary;

(7) being an official or employee of a State agency, a state enterprise, or a local

government organization, or being a board member or an advisor of a State agency or state enterprise;

(8) holding a position in a partnership of a company, or an organization carrying out

business with a view to sharing profit or income or being an employee of any person;

(9) engaging in an independent profession;

(10) possessing a behavior seriously violating or disobeying the ethical standard.

Referenced by: § 203, 205, 208, 216

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Section 203 The selection of persons suitable to be appointed as Judges of the

Constitutional Court shall be the duty and power of the Selection Committee which comprises:

(1) President of the Supreme Court, as the Chairperson;

(2) President of the House of Representatives and Leader of the Opposition in the House

of Representatives, as committees;

(3) President of the Supreme Administrative Court, as a committee member;

(4) a person appointed by each Constitutional Organization under Section 201 and not

being under any of the prohibitions in Section 202, and not having in the past performed any duty in

the Constitutional Court or a Constitutional Organization, as committee members.

In case of none members of the Selection Committee as specified under (2) or incomplete

members of the Selection Committee under (4), for any reason whatsoever, the Selection Committee

shall be composed of the existing members.

The Secretariat of the Senate shall act as the administrative office of the Selection

Committee.

The Selection Committee shall select persons suitable to be appointed as Judges of the

Constitutional Court in accordance with the rules, procedure and conditions as prescribed in the

Organic Act on the Procedure of the Constitutional Court.

Where there is a problem relating to the qualifications of a candidate, or the person who

has been elected or selected, the Selection Committee shall have the duty and power to decide

thereon and the decision of the Selection Committee shall be final.

In the selection process, the Selection Committee shall hold consultation for the purpose of

achieving persons with high responsibility, courage in performing duties, and ethical behavior as a role

model for the society. For such purpose, the Selection Committee may, in addition to the application

advertisement, select qualified persons from the general public, provided that the consent must be

obtained from such persons.


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Section 204 A person elected or selected for appointment as a Judge of the

Constitutional Court shall be approved by the Senate with the votes of not less than one-half of the

existing members of the Senate.

In the event that the Senate has not approved any selected or elected person, a replacing

person shall be selected or elected and nominated to the Senate for approval.

Upon approval of the selected or elected persons by the Senate, such persons shall elect

one among themselves to be the President of the Constitutional Court and inform the President of the

Senate in this respect.

The President of the Senate shall tender their names to the King for appointment as the

President and the Judges of the Constitutional Court, and shall countersign the Royal Command.

Referenced by: § 205, 206, 217, 241

Section 205 The person approved by the Senate to be a Judge of the Constitutional

Court while having not resigned from the position under Section 202 (6), (7) or (8) or having not ceased

to engage in the independent profession under (9) shall present to the President of the Senate the

proof of resignation or cessation according to Section 202 (6), (7), (8) or (9) within the period specified

by the President of the Senate which must be before the tendering of their names to the King

according to Section 204 Paragraph Four. In the case where the proof has not been presented within

such specified period, it shall be deemed that the person has renounced his or her right and a new

election or selection shall proceed.


Section 206 Following the consideration for approval under Section 204, if not less

than seven persons have been approved by the Senate, they shall elect one among themselves to be

the President of the Constitutional Court and inform the result thereof to the President of the Senate

without having to wait until the approval of nine persons is complete. Upon the Royal appointment,

the Constitutional Court shall perform according to its duties and powers pro tempore and the

Constitutional Court shall be deemed to comprise the existing Judges of the Constitutional Court.


Section 207 The Judges of the Constitutional Court shall hold office for a term of

seven years as from the date of their appointment by the King and shall hold office for only one term.

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Section 208 In addition to the vacation of office upon the expiration of the term, the

Judges of the Constitutional Court shall vacate office upon:

(1) being disqualified under Section 201 or being under any of the prohibitions in Section

202;

(2) death;

(3) resignation;

(4) being of seventy five years of age;

(5) being removed from office by a resolution of the Constitutional Court as passed by the

votes of not less than three-fourths of the existing Judges on the ground of violating or disobeying the

ethical standard of the Judges of the Constitutional Court;

(6) vacation of office on the ground prescribed in Section 235 Paragraph Three.

When the President of the Constitutional Court resigns from the position, he or she shall

vacate the position of a Judge of the Constitutional Court as well.

In the case where a Judge of the Constitutional Court vacates office upon the expiration of

the term, the outgoing Judge shall continue to perform duties until the appointment of a new Judge of

the Constitutional Court.

Where a question arises whether or not any Judge of the Constitutional Court vacates office

according to (1) or (3), the Selection Committee shall have the duty and power to decide pursuant to

Section 203, and the decision of the Selection Committee shall be final.

A petition, a petitioner, the consideration, and the decision under Paragraph Four shall be in

accordance with the rules and procedure as prescribed in the Organic Act on the Procedure of the

Constitutional Court.


Section 209 In the event that a Judge of the Constitutional Court vacates office before

expiration of the term and a new Judge has not been appointed to fill in the vacancy, the remaining

Judges of the Constitutional Court shall continue to perform duties.

The provision under Paragraph One shall not apply in case of less than seven remaining

Judges.

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Section 210 The Constitutional Court shall have the following duties and powers:

(1) adjudicate the constitutionality of a law or bill;

(2) adjudicate the problems concerned with the duties and powers of the House of

Representatives, the Senate, the Council of Ministers, or the Constitutional Organizations;

(3) other duties and powers as provided in the Constitution. problems concerned with the

duties and powers of the House of Representatives, the Senate, the Council of Ministers, or the

Constitutional Organizations.

The submission of a petition and the conditions thereof, the adjudication, the preparation

of adjudication, and the operations of the Constitutional Court, other than those provided in the

Constitution, shall be in accordance with the Organic Act on the Procedure of the Constitutional Court.

The provisions under Section 188, Section 190, Section 191 and Section 193 shall apply to

the Constitutional Court mutatis mutandis.

Section 211 The quorum of Judges of the Constitutional Court for hearing and giving a

decision shall consist of not less than seven judges.

The decision of the Constitutional Court shall be made by a majority of votes, unless

otherwise provided in the Constitution.

In the case where the Constitutional Court accepts any case for consideration, any Judge of

the Constitutional Court may not refuse to consider it with the reason that such case does not fall

under the jurisdiction of the Constitutional Court.

The decision of the Constitutional Court shall be deemed final and binding on the National

Assembly, the Council of Ministers, the Courts, the Constitutional Organizations and State organs.

Section 212 In the application of the provisions of law to any case, if the Court by

itself is of the opinion that, or a party to the case argues with justifications that, the provisions of such

law fall within the Section 5 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 meanwhile submit its opinion

to the Constitutional Court for consideration and decision. Under such circumstance, the Court shall

suspend its judgment until the Constitutional Court has rendered its decision.

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In the case where the Constitutional Court is of the opinion that the argument of the party

under Paragraph One is not reasonably essential to decide upon, the Constitutional Court may refuse

to accept the case for consideration.

The decision of the Constitutional Court shall apply to all cases with no effect on final

judgments of the Courts. Except in criminal cases, it shall be deemed that the persons convicted by the

Court for committing the offences under the provisions of law decided by the Constitutional Court to

violate Section 5 have never committed such offences, and if the persons are under imprisonment they

shall be released. In this case, no right to any compensation or damage shall be instituted.

Section 213 A person whose rights or liberties recognized by the Constitution are

violated shall be entitled to file a complaint with the Constitutional Court for its decision if such act of

violation is contrary to or inconsistent with the Constitution, according to the rules, procedure and

conditions as provided in the Organic Act on the Procedure of the Constitutional Court.

Section 214 Under the circumstance where a Judge of the Constitutional Court must

cease to perform duties pursuant to Section 235 Paragraph Three, and there are less than seven

remaining Judges, the President of the Supreme Court and the President of the Supreme

Administrative Court shall jointly appoint a person possessing the qualifications and not being under

the prohibitions, as applied to Judges of the Constitutional Court, to temporarily act as a Constitutional

Judge to complete the total number of nine Judges. In this case, the person appointed shall act as a

Judge of the Constitutional Court until the replaced Judge returns to office or the replacing Judge has

been appointed.


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CHAPTER XII

Constitutional Organizations

Part 1

General Provisions

Section 215 The Constitutional Organizations are the organizations established with

the aim to independently perform duties in accordance with the Constitution and laws.

The performance of duties and the exercise of powers of the Constitutional Organizations

shall be in good faith, with fairness and courage, and without bias in the exercise of their discretion.

Section 216 Other than the qualifications and prohibition as prescribed specifically in

the part concerning each Constitutional Organization, a holder of a position in a Constitutional

Organization shall generally have the qualifications and not be under the prohibitions as provided

hereunder:

(1) being not less than forty-five years and not more than seventy years of age;

(2) having the qualifications under Section 201 (1), (3), (4) and (5); (3) not being under any

of the prohibitions in Section 202.


Section 217 The selection of a person suitable to be appointed as a position holder in

a Constitutional Organization, except for the National Human Rights Commission, shall be the duty and

power of the Selection Committee under Section 203 to undertake the acquisition, except that the

Selection Committee as provided in Section 203 (4) shall consist of persons appointed by the

Constitutional Court and Constitutional Organizations whose members are not selected by a selection

committee.

Section 203, Section 204, Section 205 and Section 206 shall apply mutatis mutandis to the

selection under Paragraph One.

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Section 218 Other than vacating office upon expiration of the term, a position holder

in a Constitutional Organization shall vacate office upon:

(1) death;

(2) resignation;

(3) not having the qualifications or being under the general prohibitions in Section 216, or

not having the qualifications or being under the specific prohibitions in Section 222, Section 228,

Section 232, Section 238 or Section 246 Paragraph Two and as provided in the laws enacted under

Section 246 Paragraph Four, as the case may be.

The provisions of Section 208 Paragraph Two, Paragraph Three, Paragraph Four and

Paragraph Five and Section 208 shall apply mutatis mutandis to the vacation from office of position

holders in the Constitutional Organizations.

In the case where a position holder in a Constitutional Organization must cease to perform

duties pursuant to Section 235 Paragraph Three, if the remaining members are less than one-half of

the total number, the provisions of Section 214 shall apply mutatis mutandis.

Section 219 The Constitutional Court and the Constitutional Organizations shall jointly

develop the ethical standard for application with the Judges of the Constitutional Court and the

position holders in the Constitutional Organizations including the Ombudsman and heads of

administration in the Constitutional Court and the Constitutional Organizations. Upon their publication

in the Government Gazette, the ethical standard shall enter into force. Such standard shall cover the

upholding of national prestige and interest, and shall explicitly specify what type of violation or

disobedience of the ethical standard is deemed to be of serious nature.

In the development of the ethical standard under Paragraph One, opinions of the House of

Representatives, the Senate and the Council of Ministers shall be taken into consideration and, upon

their promulgation, it shall apply to members of the House of Representatives, the Senate and the

Council of Ministers, but this does not prohibit the House of Representatives, the Senate and the

Council of Ministers to add their own set of ethical rules specifically appropriate to their performance

of duties, provided that they are not contrary to or inconsistent with the ethical standard under

Paragraph One and must be published in the Government Gazette.


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Section 220 Each Constitutional Organization, excluding the State Audit Commission,

shall have an office responsible for administrative affairs, operations and facilities so as to ensure that

the Organization will achieve its mission and duties as provided in the Constitution and the law and

perform according to the resolution or direction it so has determined. The office shall have one head,

appointed upon approval of the Organization, taking charge of the administration and responsible

directly to such Constitutional Organization, as provided by law.

Section 221 In performing duties, the Constitutional Organizations shall cooperate

and assist each other with a view to achieving their goals. If any Constitutional Organization is of the

opinion that a person has committed a wrongful act under the duties and powers of another

Constitutional Organization, it shall notify such Organization for further proceeding according to the

duties and powers thereof.

Part 2

The Election Commission

Section 222 The Election Commission shall consist of seven members appointed by

the King, with the advice of the Senate, as follows:

(1) five persons possessing knowledge and expertise in various academic fields beneficial

to the conduct of honest and fair elections, and having apparent honesty, who have been selected by

the Selection Committee;

(2) two persons possessing knowledge, expertise and experience in laws and having

apparent honesty, and having in the past held a position of not lower than the Chief Judge or Chief

Prosecutor for not less than five years, who have been selected by the general meeting of the Supreme

Court.

A person to be selected as an Election Commissioner under (1) shall have the qualifications

as prescribed in Sections 232 (2), (3), (4), (5), (6) or (7), or work or have in the past worked in the civil

society sector for not less than twenty years, as specified by the Selection Committee.


TofC § xref Index

Section 223 The Election Commissioners shall hold office for a term of seven years as

from the date of their appointment by the King, and shall hold office for one term.

In the event that an Election Commissioner vacates office before the expiration of the term

and a new Commissioner has not been appointed to fill in the vacancy, the remaining Commissioners

shall continue to perform duties, except in case of less than four remaining Commissioners they shall

perform specifically to the extent of necessity for unavoidable affairs.

Section 224 The Election Commission shall have the duties and powers as follows:

(1) organize or arrange for the conduct of election of members of the House of

Representatives, selection of senators and election of members of the local councils and local

executives, and the conduct of public referendum;

(2) govern the election and the selection under (1) to be in an honest and fair manner,

and govern the voting in a referendum to conform with the law. For this purpose, it shall have

investigation or inquiry power as deemed necessary or expedient;

(3) where the result of the investigation or inquiry under (2) reveals that or there is an

apparent act that reasonably leads to doubt that the election or selection under (1) has not been

conducted with honesty or fairness, or the voting in a referendum has been unlawfully conducted, it

shall have the power to suspend, restrain, alter or cancel the election or selection or the voting in a

referendum and order a new proceeding of election, selection or the voting in referendum in some

polling stations or all;

(4) order temporary suspension of the right to apply for candidacy of a candidate in the

election or selection under (1) for a period of not more than one year if there is reasonable evidence to

believe that such person has committed an act or known of the act committed by another person in a

dishonest fashion or causing the election or selection to be dishonest or unfair;

(5) govern the operations of political parties to conform to the law;

(6) other duties and powers as provided by the Constitution or the law.

In the investigation or inquiry under (2), the Election Commission may entrust each

Commissioner to carry out such duty thereof or entrust a group of persons to undertake it under the

supervision of an Election Commissioner according to the rules and procedure as prescribed by the

Election Commission.

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Each Election Commissioner who has witnessed a wrongful act shall exercise the power

under (3) at a polling station or in a constituency where such act has been committed, in accordance

with the rules, procedure and conditions as prescribed by the Election Commission.


Section 225 Before an announcement of the result of the election or selection is

made, if there is reasonable evidence to believe that the election or selection is not honest or fair, the

Election Commission shall have the power to order a new election or selection in the concerned polling

station or constituency. If the person having committed the dishonest or unfair act is a candidate in the

election or selection, as the case may be, or having known of the dishonest or unfair act committed by

another person, the Election Commission shall order temporary suspension of his or her right to

candidacy in accordance with Section 224 (4).

The order under Paragraph One shall be final.


Section 226 During the proceeding under Section 225 or after the announcement of

the result of the election or selection, if there is reasonable evidence to believe that any candidate in

the election or selection has committed a dishonest act in the election or selection or known of the

dishonest act of another person, the Election Commission shall submit a petition to the Supreme Court

requesting revocation of the right to candidacy or the right to vote of such person.

In the consideration under Paragraph One, the Supreme Court shall base on the findings of

the investigation or inquiry of the Election Commission and, in the interest of justice, the Court shall

have the power to order further inquiry into fact and evidence.

In the case where the Supreme Court has decided that the person in Paragraph One has

committed an offence as petitioned, the Supreme Court shall order revocation of his or her candidacy

or voting right for a period of ten years, in accordance with the Organic Law on the Election of

Members of the House of Representatives or the Organic Law on the Acquisition of Senators, as the

case may be.

Upon the order of the Supreme Court to accept the petition for consideration, if the alleged

person is a member of the House of Representatives or a senator, such person shall cease to perform

duties until the Supreme Court has rendered its decision of innocence. If the Supreme Court has

TofC § xref Index

decided that the person is guilty, the membership of such member of the House of Representatives or

senator shall terminate as from the date of cessation of duties.

The member of the House of Representatives of the senator who has ceased to perform

duties under Paragraph Four shall not be included in the total number of existing members of the

House of Representatives or the Senate, as the case may be.

This Section shall apply to the election of members of the local councils or local

administrators mutatis mutandis, except that, in such case, the Court of Appeal shall have the power of

the Supreme Court and its order or decision shall be final.

The consideration and the decision of the Supreme Court or the Court of Appeal pursuant

to this Section shall be in accordance with the Regulations of the general meeting of the Supreme

Court which must apply the inquiry system and be undertaken with no delay.


Section 227 While a Royal Decree calling for an election of members of the House of

Representatives or a selection of senators or a Notification calling for voting in a referendum is

effective, no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry,

unless permitted by the Election Commission or the arrest is made in flagrante delicto.

In the case where an Election Commissioner is arrested in flagrante delicto, or where an

Election Commissioner is arrested or detained under other circumstances, the Chairperson of the

Election Commission shall be forthwith reported thereto, and the Chairperson may order a release of

the person so arrested, except in the case where the Chairperson of the Election Commission is

arrested or detained, the existing Election Commissioners shall have the power to order a release.

Part 3

The Ombudsmen

Section 228 There shall be three Ombudsmen appointed by the King, with the advice

of the Senate, from the persons selected by the Selection Committee.

The selected persons shall consist of two persons who are of apparent honesty with

knowledge, expertise and experience in the administration of State affairs not lower than the position

of Director-General or equivalent head of government service or head of a State agency not lower than

TofC § xref Index

a department as required by the Selection Committee and have been in such position for a period of

not less than five years; and one person with experience in the administration of public enterprises for

a period of not less than twenty years.


Section 229 The Ombudsmen shall hold office for a term of seven years as from the

date of appointment by the King, and shall hold office for only one term.

Section 230 The Ombudsmen shall have the duties and powers as follows:

(1) advise relevant State agencies to revise any law, rule, regulation or order or procedure

which causes trouble or unfairness for people or unnecessary or unreasonable burdens on people;

(2) inquire into fact upon the awareness of any person who is in trouble or not fairly

treated as a result of the failure to comply with the law or the performance excessive of duties and

powers of a State agency or State official, with a view to advising the concerned agency to eliminate or

restrain such trouble or unfairness;

(3) inform the Council of Ministers in respect of the State agencies that have not fully and

properly complied with Chapter 5, Duties of the State.

In the event that the relevant State agencies fail to act in compliance with the advice of the

Ombudsmen under (1) or (2) without a reasonable cause, the Ombudsmen shall inform the Council of

the Ministers to further consider ordering the proceeding under (1) or (2) as deemed appropriate.

In taking actions pursuant to Paragraph One and Paragraph Two, where the matter is

related to the violation of human rights, the Ombudsman shall refer it to the National Human Rights

Commission for further proceeding.


Section 231 In the performance of duties pursuant to Section 230, the Ombudsmen

may refer a case to the Constitutional Court or the Administrative Court under the following

circumstances:

(1) where a question arises in respect of the constitutionality of provisions of any law, the

Ombudsmen shall refer the case, with its opinions attached, to the Constitutional Court thereon the

Court shall consider and decide without delay, in accordance with the Organic Act on the Procedure of

the Constitutional Court;

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(2) where a question arises in relation to the constitutionality or the legitimacy of any

rule, order or other act of a State agency or State official, the Ombudsmen shall refer the case, with its

opinions attached, to the Administrative Court thereon the Court shall consider and decide without

delay, in accordance with the Organic Law on the Establishment and Procedure of the Administrative

Court.

Part 4

The National Counter Corruption Commission

Section 232 The National Counter Corruption Commission consists of nine members

appointed by the King, with the advice of the Senate, from the persons selected by the Selection

Committee.

The persons selected must be of apparent honesty with knowledge, expertise and

experience in law, accounting, economics, public administration or any other field beneficial to the

prevention and suppression of corruption, and must possess any of the following qualifications:

(1) being or having in the past been in government service holding the position of not

lower than Chief Judge, Chief Administrative Judge of First Instance, Chief Judge of the Military Court

of Appeals, or Director-General for Public Prosecution for not less than five years;

(2) being or having in the past been in government service holding the position of not

lower than the Director-General or equivalent head of government service for not less than five years;

(3) holding or having in the past held the highest executive position in a State enterprise

or another State agency which is not a government service or a State enterprise for not less than five

years;

(4) holding or having in the past held a professor position of a university in Thailand for

not less than five years with apparent academic performance;

(5) being or having in the past been a professional practitioner certified by law who has

continuously practiced for not less than twenty years up to the date of nomination and has been

verified by such professional organization;

(6) having knowledge, expertise and experience in the areas of management, budgeting,

finance, accounting or entrepreneurship management in a position of not lower than senior executive

of a public company for not less than ten years;

TofC § xref Index

(7) having in the past held the positions under (1), (2), (3), (4) or (6) for a total period of

not less than ten years.

The period in Paragraph Two shall be counted up to the date of the nomination or the

application for selection, as the case may be.


Section 233 The National Commissioners on Counter Corruption shall hold office for a

term of seven years as from the date of their appointment by the King and shall hold office for only

one term.

In the case when a National Commissioner on Counter Corruption vacates office before the

expiration of the term and no new Commissioner has yet been appointed to fill in the vacancy, the

remaining Commissioners shall continue to perform their duties, unless the number thereof is less than

five Commissioners.

Section 234 The National Counter Corruption Commission shall have the following

duties and powers:

(1) inquire and provide opinions for further proceeding according to the Constitution or

the Organic Act on Prevention and Suppression of Corruption in the case related to the allegation that

a person holding a political position, a Judge of the Constitution Court, a person holding office in a

Constitutional Organization or the Auditor General is of unusual wealth, has committed an offence of

corruption, or has deliberately performed the duties or exercised the power in a manner contrary to

the provisions of the Constitution or laws, or has seriously violated or failed to comply with the ethical

standard;

(2) inquire and decide whether or not a State official is of unusual wealth, has committed

an offence of corruption or malfeasance in office or malfeasance in judicial office, for the purpose of

further proceeding according to the Organic Act on Prevention and Suppression of Corruption;

(3) require a person holding a political position, a Judge of the Constitution Court, a

person holding office in a Constitutional Organization, the Auditor General or a State official to present

his or her list of assets and liabilities including those of the spouse and minor children, and inspect

their assets and liabilities and disclose the result thereof, according to the Organic Act on Prevention

and Suppression of Corruption;

(4) other duties and powers as provided by the Constitution or the law.

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In performing the duties under (1), (2) and (3), it shall be the duty of the National Counter

Corruption Commission to provide for measures or approaches that ensure effective, speedy, honest

and fair performance. Where it is of necessity, the Commission may entrust a State agency, thereof the

duties and powers are related to the prevention and suppression of corruption, to proceed on its

behalf in the case of non-serious offence or of the commission of offences by State officials at some

levels, or may assign an official of administrative office of the Commission to undertake a preliminary

investigation or inquiry in accordance with the rules, procedure and conditions as prescribed in the

Organic Act on Prevention and Suppression of Corruption.


Section 235 Subject to Section 236, where there is a reasonable ground to suspect or

there is an allegation that a person holding a political position as specifically provided in the Organic

Act on Prevention and Suppression of Corruption, a Judge of the Constitution Court, a person holding

office in a Constitutional Organization or the Auditor General has a behavior pursuant to Section 234

(1), the National Counter Corruption Commission shall inquire into fact. If it has passed a resolution by

the votes of not less than one-half of the total number of existing Commissioners that such person has

a behavior or has committed the offence as inquired, the Commission shall proceed as follows:

(1) in case of serious violation or failure to comply with the ethical standard, it shall refer

the case to the Supreme Court for decision thereon, and the provisions of Section 226 Paragraph Seven

shall apply mutatis mutandis to the trial and adjudication of the Supreme Court;

(2) in other cases than (1), it shall present the inquiry file to the Attorney General to

institute a prosecution before the Supreme Court’s Criminal Division for Holders of Political Positions

or undertaken other proceedings according to the Organic Act on Prevention and Suppression of

Corruption.

The National Counter Corruption Commission shall complete the inquiry and pass the

resolution under Paragraph One within the period specified in the Organic Act on Prevention and

Suppression of Corruption.

Upon acceptance of the case by the Supreme Court or the Supreme Court’s Criminal

Division for Holders of Political Positions, the alleged person shall cease to perform duties until a

judgment has been rendered, unless otherwise ordered by the Supreme Court or the Supreme Court’s

Criminal Division for Holders of Political Positions. In the event where the Supreme Court or the

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Supreme Court’s Criminal Division for Holders of Political Positions has decided that the alleged person

has a behavior or has committed the alleged offence, as the case may be, such person shall vacate

office as from the date of cessation of duties and his or her right for candidacy in an election shall be

revoked while the revocation of his or her voting right for a period of not more than ten years may or

may not be imposed thereupon.

Any person whose right for candidacy in an election has been revoked on whatever ground,

such person shall not permanently be entitled to apply as a candidate in an election or a selection of

members of the House of Representatives, senators, members of the local councils or local

administrators, and shall not be entitled to hold any political position.

In the case where the Supreme Court’s Criminal Division for Holders of Political Positions

has decided that the alleged person is guilty of the charge of unusual wealth or corruption, his or her

assets as obtained from the commission of the offence including other assets or benefits in lieu of such

assets shall vest in the State.

In considering the case, the Supreme Court or the Supreme Court’s Criminal Division for

Holders of Political Positions shall base on the inquiry file of the National Counter Corruption

Commission and, in the interest of justice, the Court shall have the power to order further inquiry into

fact and evidence.

This Section shall apply mutatis mutandis to the person under Section 234 (3) who

deliberately has not presented a list of assets and liabilities, or has deliberately presented a false list of

assets or liabilities or withheld the facts subjected to be informed thereof, and possesses a behavior

which reasonably leads to believe that such person intends to not disclose the sources of his or her

assets or liabilities.

Referenced by: § 98, 101, 111, 208, 214, 218, 237

Section 236 Members of the House of Representatives or senators or members of

both Houses in the number of not less than one-fifth of the total number of existing members of both

Houses or persons having the right to vote of not less than twenty-thousand in number have a right to

lodge with the President of the National Assembly a complaint, accompanied by reasonable evidence,

that any National Commissioner on Counter Corruption has acted pursuant to Section 234 (1). If the

President of the National Assembly is of the opinion that there is a reasonable ground to suspect that

such act has been committed as alleged, the President of the National Assembly shall refer the case to

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the President of the Supreme Court for the purpose of appointing a group of independent inquisitors

from the persons of apparent political impartiality and honesty to inquire into facts.

The qualifications, prohibitions, duties and powers, procedure for inquiry, period of inquiry

and other necessary undertakings of the group of independent inquisitors shall be as provided by the

law.


Section 237 Upon completion of the inquiry, the group of independent inquisitors

shall proceed as follows:

(1) If it is of the opinion that the allegation has no merit, it shall order termination of the

case and such order shall be final.

(2) If it is of the opinion that the alleged person has seriously violated or failed to comply

with the ethical standard, it shall refer the case to the Supreme Court for decision thereon. In such

case, the provisions of Section 235, Paragraph Three, Paragraph Four and Paragraph Six shall apply

mutatis mutandis.

(3) If it is of the opinion that the alleged person has the behavior as alleged and it is not

the case under (2), it shall refer the inquiry file to the Attorney General to institute a prosecution

before the Supreme Court’s Criminal Division for Holders of Political Positions and the provisions of

Section 235, Paragraph Three, Paragraph Four and Paragraph Five shall apply mutatis mutandis.

Part 5

The State Audit Commission

Section 238 The State Audit Commission shall consist of seven members appointed by

the King, with the advice of the Senate, from the persons selected by the Selection Committee.

The selected persons must be of apparent honesty with knowledge, expertise and not less

than ten years of experience in the State audit, law, accounting, internal audit, budget and finance and

other fields beneficial to the State audit.


Section 239 The State Audit Commissioners shall hold office for a term of seven years

as from the date of their appointment by the King and shall hold office for only one term.

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Section 240 The State Audit Commission shall have the following duties and powers:

(1) lay down the State audit policy;

(2) prescribe standard procedure in respect of the State audit;

(3) govern the State audit to be in compliance with (1) and (2) and the law on fiscal

discipline of the State;

(4) advise, suggest or recommend in relation to the spending of State funds in accordance

with the law on fiscal discipline of the State, and advise State agencies in the alteration of errors in the

spending of State funds;

(5) order administrative punishment in case of violation of the law on fiscal discipline of

the State.

The proceeding under Paragraph One shall be as provided by the Organic Act on State

Audit.

The person punished by the order under (5) may appeal to the Supreme Administrative

Court within ninety days as from the date of the receipt of the order. The consideration by the

Supreme Administrative Court shall take into account the policy on the State Audit and the standard

procedure as provided in (1) and (2).

Section 241 There shall be one Auditor General appointed by the King, with the

advice of the Senate, from the nomination by the State Audit Commission.

The qualifications and the prohibitions applicable to the Auditor General shall be the same

as those applied to the State Audit Commissioners.

The person nominated for appointment as the Auditor General shall be approved by the

Senate with the votes of not less than one-half of the total number of its existing members, and the

provisions of Section 204, Paragraph One, Paragraph Two and Paragraph Four shall apply mutatis

mutandis to the appointment of the Auditor General.

The recruitment, selection and nomination of the Auditor General shall be in accordance

with the Organic Act on State Audit.

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Section 242 The Auditor General shall perform the duties fairly, impartially, and

without prejudice in its discretion, and shall have the duties and powers as follows:

(1) audit the State funds in accordance with the policy on State audit and its standard

procedure for the State audit as prescribed by the State Audit Commission and the law on fiscal

discipline of the State;

(2) assess the results and efficacies in the spending of money by State agencies;

(3) entrust officials to undertake the proceedings under (1) and (2);

(4) govern and be responsible for the performance of duties of the officials under (3).

Section 243 The Auditor General shall be independent in performing the duties,

responsible to the State Audit Commission and be the superintendent of the administrative office of

the State Audit Commission.

The term of holding office, the vacation from office, and the performance of duties of the

Auditor General shall be in accordance with the Organic Act on State Audit.

Section 244 Where there is reasonable evidence to believe that the spending of State

funds is in a manner of corruption, deliberate performance of duties or exercise of powers contrary to

the Constitution or laws, or may cause an election to be dishonest or unfair, and where in such cases

the Auditor General has no power to proceed in any way, the Auditor General shall inform the National

Counter Corruption Commission, the Election Commission or other concerned agencies, as the case

may be, for acknowledgement and further proceed according to the respective duties and powers

thereof.

In the proceeding of the National Counter Corruption Commission, the Election Commission

or other concerned agencies as so informed under Paragraph One, the documents and evidence

inspected or prepared by the Auditor General shall be considered as part of the investigation file of the

National Counter Corruption Commission, the Election Commission or other concerned agencies, as

the case may be.

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Section 245 With a view to suspending or restraining damage on the State finance

that may arise, the Auditor General shall present the result of the inspection of an act, which has not

complied with the law on fiscal discipline of the State and may cause serious damage to the State

finance, to the State Audit Commission for consideration.

In the case where the State Audit Commission is in agreement with such inspection result, it

shall hold a consultation meeting with the Election Commission and the National Counter Corruption

Commission. If the joint meeting agrees with such result, it shall inform, in writing, the House of

Representatives, the Senate and the Council of Ministers without delay and shall also disclose the

result of the inspection to the public.

Part 6

The National Human Rights Commission

Section 246 The National Human Rights Commission shall consist of seven members

appointed by the King, with the advice of the Senate, from the persons selected.

The persons selected must have knowledge and experience in the protection of rights and

liberties of the people, be politically impartial, and have apparent honesty.

The National Human Rights Commissioners shall hold office for a term of seven years as

from the date of their appointment by the King and shall hold office for only one term.

The qualifications, prohibitions, selection, and vacation from office of the National Human

Rights Commission shall be as provided by the Organic Act on National Human Rights Commission. .

The provisions in respect of the selection must require the participation of representatives of human

rights non-governmental organizations in the selection.


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Section 247 The National Human Rights Commission shall have the powers and duties

as follows:

(1) examine and report accurate facts in relation to the violation of human rights in every

aspect and without delay, and recommend appropriate measures or approaches to prevent or resolve

the human rights violations and to provide remedy for the person injured by the violation of human

rights to the concerned State or private agencies;

(2) prepare an assessment report of the situation of human rights in the country for

submission to the National Assembly and the Council of Ministers and dissemination to the public;

(3) recommend measures or approaches to the National Assembly, the Council of

Ministers and relevant agencies in regard to the promotion and protection of human rights, and the

revision of laws, rules or regulations for the purpose of complying with the human rights principle;

(4) clarify and report accurate facts without delay in the case where there is an incorrect

or unfair report on the human rights situation in Thailand;

(5) encourage all sections of the society to recognize the importance of human rights;

(6) other duties and powers as provided by the law.

Upon receipt of the reports under (1) and (2) or recommendation under (3), the Council of

Ministers shall make improvements and revisions as may be appropriate and without delay. In any case

that the proceeding may not be undertaken or may consume time, the Council of Ministers shall

promptly provide the reason to the National Human Rights Commission.

In performing its duties, the National Human Rights Commission shall give due regard to the

well-beings of the Thai people and the common interests of the country.

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CHAPTER XIII

Public Prosecution Organization

Section 248 The Public Prosecution Organization shall have the duties and powers as

provided by the Constitution and the law.

Public prosecutors shall be independent in the consideration of ordering cases and in the

performance of duties in a speedy and fair manner and without any prejudice, and their orders shall

not be deemed administrative orders.

Personnel administration, budgeting and other proceedings of the Public Prosecution

Organization shall be independent with a specific system of salary and remuneration as may be

appropriate. The personnel administration in relation to the public prosecutors shall be carried out by

the Public Prosecution Commission, which shall minimally consist of the Chairperson who must not be

a public prosecutor and qualified persons selected by public prosecutors of whom not less than two

persons must not be or have not been public prosecutors, as provided by law.

The law under Paragraph Three shall prescribe measures preventing public prosecutors

from committing an act or holding any position that may cause the ordering of cases or the

performance of duties to be contrary to Paragraph Two or may constitute a conflict of interests. In this

regard, such measures shall be explicitly specified and generally applied with no power rendered for

consideration of any case in particular.


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CHAPTER XIV

Local Administration

Section 249 Subject to Section 1, the State shall give autonomy to a locality in

compliance with the principle of self-government according to the will of people in the locality, and on

the basis of procedure and form of the local government organization as provided by law.

Establishment of a local government organization of any form shall give regard to the will of

people in the locality and their capacity of self-government in reference to the revenue, number and

density of the population, and vicinity under responsibility.

Section 250 A local government organization shall have the duties and powers to

govern and provide public services and activities for the benefit of people in the locality according to

the principle of sustainable development, and to enhance and support availability of education for

people in the locality, as provided by law.

The provision of any public service or activity, which is viewed as appropriate to be a

particular duty and power of each form of local government organization, or to make a local

government organization the principal agency in the operation of such, shall be according to the law

and consistent with the revenue of the local government organization as stipulated in Paragraph Four.

Such law shall minimally contain the provisions in respect of mechanisms and procedures for

decentralizing duties and powers, budget, and personnel involved with such official duties and powers

to the local government organization.

In providing any public service or activity falling under the duties and powers of a local

government organization, if a joint operation with a private agency or a State agency or an

entrustment of a private agency or a State agency for the operation thereof will better benefit people

in the locality than its own operation, the local government organization may join or entrust a private

agency or a State agency for such purpose.

The State shall ensure that a local government organization has revenue of its own by

organizing an appropriate tax system or tax collection system, and encouraging and developing the

earnings on its part. With a view to sufficing the operation under Paragraph One, the State shall for the

time being allocate budget in support of the local government organization.

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The law as aforementioned in Paragraph One and the law on local administration shall

provide for independence of a local government organization in management, provision of public

services, enhancement and support of education, budget and finance, and the governing of local

government organization, in so far as necessary to protect the interest of people in the locality and of

the country as a whole, prevent corruption, and efficiently spend budget, with regard given to the

appropriateness and the difference varied by each form of local government organization. Such laws

shall further provide for prevention of conflict of interests and of intervention in the performance of

duties of local officials.

Section 251 Personnel administration of a local government organization shall be

according to the provisions of the law, along with the application of moral principle and the

consideration of appropriateness and necessity of each locality and each form of local government

organization, and the common standard set for the purpose of mutual development or reshuffle of

personnel among local government organizations.

Section 252 Members of a local assembly shall come from election.

A local administrator shall be elected by the people or be approved by a local assembly, or

shall be acquired by other means in case of the special form of local government organization,

provided that regard shall be had to the participation of people, as provided by law.

Qualifications of the person having the right to vote and the person having the right to

apply for candidacy in an election and the rules and procedure for election of members of a local

assembly and a local administrator shall be in accordance with the provisions of the law, with due

regard given to the intent on countering corruption as guided by the Constitution.

Section 253 A local government organization, a local assembly, and a local

administrator shall disclose to the public the information regarding the performance of duties and the

result thereof, and shall provide mechanisms enabling the participation of people, as provided by law.

Section 254 Persons having the right to vote in the election in a local government

organization shall have the right to propose a local legislation or submit a motion, with their names

therein, to remove a member of a local assembly or a local administrator in accordance with the rules,

procedure and conditions as provided by law.

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CHAPTER XV

Amendment of the Constitution

Section 255 Any amendment of the Constitution 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.


Section 256 Subject to Section 255, an amendment of the Constitution shall be

permitted under the rules and procedure as follows:

(1) 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 the House of Representatives and the

Senate of not less than one-fifth of the total number of the existing members thereof, or persons

having the right to vote of not less than fifty thousand in number in accordance with the law on the

public initiative of a bill;

(2) a motion for amendment must be proposed to the National Assembly in the form of a

draft Constitution Amendment thereafter the National Assembly shall consider it in three readings;

(3) 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 the votes of not less than one-half of the total

number of the existing members of both Houses, therein must include the number of members of the

Senate of not less than one-third of the existing members of the Senate;

(4) the voting in the second reading for consideration on a section by section basis shall

be decided by a simple majority of votes, but in case of the amendment proposal made by citizens, the

representatives thereof shall be permitted to give opinions;

(5) 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;

(6) 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 the votes of more than one-half of the total

number of the existing members of both Houses, therein must include the number of members of the

House of Representatives from the political parties which have no members holding the position of

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Minister, the President or the Vice-Presidents of the House of Representatives of not less than twenty

percent of the total number of members of all such political parties, and must include the number of

members of the Senate of not less than one-third of the existing members of the Senate;

(7) after the resolution has been passed under (6), there shall be an interval of fifteen

days after which the draft Constitution Amendment shall be presented to the King, and the provisions

of Section 81 shall apply mutatis mutandis;

(8) in case the draft Constitution Amendment has the effect of amending Chapter

I: General Provisions, Chapter II: The King, or Chapter XV: Amendment of the Constitution, or the

matter concerning the qualifications or the prohibitions of holders of the positions under the

Constitution, or the matter concerning the duties or power of the Courts or the Constitutional

Organizations, or the matter which may hinder the Courts or the Constitutional Organizations from

performing their duties or exercising their powers, a public referendum shall be held in accordance

with the law on public referendum prior to the proceeding under (7). If the draft Constitution

Amendment has been passed by the public referendum, the proceeding under (7) shall continue;

(9) before the Prime Minister presents the draft Constitution Amendment to the King for

His signature according to (7), members of the House of Representatives or members of the Senate or

members of both Houses in the number of not less than one-tenth of the total number of the existing

members of each House or both Houses, as the case may be, shall have the right to present, with their

names attached, their opinion to the President of the House they are members or the President of the

National Assembly, as the case may be, that the draft Constitution Amendment under (7) is contrary to

Section 255 or is of the nature under (8), thereafter the President of the House receiving such opinion

shall refer the case to the Constitutional Court and the Constitutional Court shall complete its

adjudication within thirty days as from the date of receipt. While the case is under adjudication of the

Constitutional Court, the Prime Minister shall not be permitted to present the draft Constitution

Amendment to the King for His signature.


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CHAPTER XVI

National Reform

Section 257 The national reform under this Chapter shall be undertaken to achieve

the following goals:

(1) Peace and order, unity and reconciliation, sustainable development on the basis of the

philosophy of sufficiency economy, and balanced material and spiritual development;

(2) Peaceful and fair society with equal opportunity to eliminate disparity;

(3) People’s happiness, good quality of life and participation in the development of the

country and democratic regime of government with the King as Head of the State.

Section 258 There shall be a national reform in various fields carried out with a view

to achieving the following results:

A. Politics

(1) Ensure that people have an accurate knowledge and understanding of the

democratic regime of government with the King as Head of the State, participate in political activities

including the monitoring of the exercise of State power, accept different bona fide political opinions,

and exercise their voting right in an election and a public referendum freely without influence by any

means.

(2) Ensure that activities undertaken by political parties are transparent and

accountable so that political parties evolve into political institutions of people holding common

political ideas, develop clear and concrete processes ensuring that political party members truly

participate and take responsibility in the implementation of political activities and that competent,

honest and ethical persons are recruited to hold political positions.

(3) Have a mechanism making political parties accountable for their advertisement

of the policies, thereof the impact, worthiness and risk have not been thoroughly assessed.

(4) Have a mechanism requiring holders of political positions to perform their duties

with honesty and accountability to the public.

(5) Have a mechanism for resolving political conflicts by peaceful means under the

democratic regime of government with the King as Head of the State.

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B. Administration of State Affairs

(1) Use appropriate technologies in the administration of State affairs and the

development of public services in the interest of State administration and for the convenience of

people.

(2) Develop an integrated database of all State agencies to serve as a data system

for the administration of State affairs and the delivery of public services.

(3) Improve and develop the structure and system of the State administration and a

State manpower plan to timely respond to the emerging changes and challenges in a manner

appropriate to different missions of State agencies.

(4) Improve and develop State personnel administration for the purpose of

motivating genuine competent persons to work with State agencies and be able to advance their

career on the basis of their capabilities and performance outcomes, being honest persons with the

courage to decide and act rightfully by giving regard to the public interest rather than self-interest,

being creative persons able to develop new innovations for effective official service and administration

of State affairs, and for the purpose of establishing measures to protect public sector personnel from

the abuse of power by their superiors.

(5) Improve the procurement system in the public sector to make it speedy,

transparent and verifiable, equipped with a mechanism to prevent corruption in every stage.

C. Legislation

(1) Have a mechanism for improving the laws, rules, regulations or by-laws in force

prior to the promulgation of the Constitution with a view to ensuring their compliance with the

principle in Section 77 and the international standards by applying the permit and committee systems, to

the extent of necessity, for the benefit of speedy performance with clear responsible persons and

without creating unnecessary burdens on the people, of increased capacity of the country in any

competition, and of prevention of corruption and misconduct.

(2) Reform the system of legal education and training with a view to developing

legal practitioners to be proficient, hold legal standpoint, and adhere to morals and ethics of lawyers.

(3) Develop a database of State laws using technologies that enable people to

conveniently access legal information and understand the essence thereof.

(4) Set up a mechanism to assist people to propose legislation.

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D. Judicial Process

(1) Have a clearly specified timeframe for every stage of the judicial process so as to

ensure justice for the people with no delay, as well as a mechanism to assist the impoverished to

access the justice process, and a mechanism to strictly enforce the laws in order to reduce disparity

and unfairness within the society.

(2) Improve the criminal inquiry system by providing for a proper check and balance

between inquiry officials and public prosecutors and a clearly specified timeframe for the performance

of duties of every concerned party in order to avoid the lapse of prescription and to build confidence of

inquiry officials and public prosecutors in the criminal inquiry, by applying forensic science in the

inquiry, with provision of forensic science service by more than one agency independent of each other

so as to offer alternatives for the public in relation to the proving of fact.

(3) Enhance and improve the organizational culture of all agencies involved with the

judicial process with the aim to facilitate convenient and speedy justice for the people.

(4) Enforce law efficiently by revising the laws pertaining to duties, powers, and

missions of the police to be more appropriate and the laws concerned with personnel administration

of police officials to be more efficient, and clear guarantees for all police officials of proper

remuneration and fairness in the appointment, transfer, and consideration of merit allowance

according to the moral system, with due attention given to seniority and competence in the

appointment and transfer to enable police officials to perform their duties in a free, independent of

any person, and effective manner and with pride of performing duties.

E. Education

(1) Ensure care and development of young children prior to their schooling pursuant

to Section 54 Paragraph Two so that their physical, mental, disciplinary, emotional, social and

intellectual aspects can be developed, at no costs, in correspondence with their respective ages.

(2) Enact a law to establish a fund according to Section 54 Paragraph Six within one

year as from the date of promulgation of the Constitution.

(3) Have a mechanism and a system for producing, recruiting and developing

teachers and trainers who are of teaching spirit and genuine competence and for providing

remuneration appropriate to their teaching proficiency and effectiveness, and a mechanism for

building a moral system in the personnel administration of teaching professionals.

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(4) Improve the quality of teaching and learning at all levels so as to enable the

learners to make educational choices according to their skills, and improved structures of the

concerned agencies for the purpose of coherently achieving such goal at the national and the local

levels.

F. Economy

(1) Eliminate obstacles to and enhance competitiveness of the country in order for

the nation and the people to sustainably benefit, with strong resilience, from the participation in

various economic groups.

(2) Establish a mechanism to promote and support the use of creative ideas and

modern technologies in the national economic development.

(3) Improve the tax system to make it fair, effectively reduce inequality and increase

revenue of the State in various aspects, and improve budget preparation and spending to make it

efficient and result-oriented.

(4) Establish a mechanism to promote competitiveness of cooperatives and

enterprises of all sizes, promote social entrepreneurship and environment-friendly entrepreneurship,

and establish a mechanism aiming at increasing people’s employment opportunities.

G. Other Aspects

(1) Have an effective, fair, and sustainable management of water resources, taking

into consideration the need for water supply in every dimension, including the environmental and

climate changes.

(2) Set a fair distribution of land occupation, including checks on land ownership and

possession throughout the country for the purpose of resolving the problems of land ownership and

possession in a systematic fashion.

(3) Create an effective and environment-friendly system for management and

disposal of waste that can be used for other benefits.

(4) Improve the health security system so that people are entitled to and can benefit

from its management and equal access to quality and convenient services.

(5) Set up a primary health care system equipped with family physicians to care for

people in an appropriate ratio.


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Section 259 Subject to Section 260 and Section 261, the national reform under this

Chapter shall be in accordance with the law on National Reform Plan and Strategy which prescribes at

least for a process of planning, participation of people and relevant agencies, the procedure for the

implementation of national reform, the evaluation, and the timeframe of implementation of all aspects

of national reform by specifying that the reform in each field must be commenced within one year as

from the date of promulgation of the Constitution, inclusive of the expected results thereof within a

period of five years.

There shall be an enactment of the law as provided in Paragraph One which shall come into

force within one hundred and twenty days as from the date of promulgation of the Constitution.

Where the law under Paragraph One is not yet in effect, State agencies shall, for the time

being, carry out the reform on the basis of their existing duties and powers.


Section 260 For the purpose of revising laws according to Section 258, D., Justice

Process (4), there shall be a committee appointed by the Council of Ministers and consisting of:

(1) one qualified person with apparent knowledge, honesty and fairness, and who has

never served as a police official, as the Chairperson;

(2) persons, in the number as specified by the Council of Ministers, who are or have in the

past served as police officials, which must include at least the Commissioner General of the Royal Thai

Police, as the members;

(3) qualified persons, in the number equal to (2), with apparent knowledge, honesty and

fairness, and who have never served as police official, as the members;

(4) Finance Permanent Secretary, Interior Permanent Secretary, Justice Permanent

Secretary, Secretary-General of the Office of the Courts of Justice and Attorney General, as the

members.

The Committee under Paragraph One shall complete the revision of laws within one year as

from the date of promulgation of the Constitution.

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Upon expiration of the period required under Paragraph Two, if the revision of laws has not

completed, the reshuffle of police officials shall be based upon the seniority in accordance with the

Rules as prescribed by the Council of Ministers and published in the Government Gazette.


Section 261 For the purpose of reform under Section 258, E. Education, there shall be

an independent committee appointed by the Council of Ministers to undertake studies, develop

recommendations and draft the laws relevant to the proceeding towards achieving the goals, and

present to the Council of Ministers for further proceeding.

The Council of Ministers shall appoint the committee as provided under Paragraph One

within sixty days as from the date of promulgation of the Constitution, and the committee shall

complete its studies, recommendations and draft laws and present to the Council of Ministers within

two years as from the date of its appointment.


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Transitory Provisions

Section 262 The Privy Council holding office prior to the promulgation of this

Constitution shall be the Privy Council under the provisions of the Constitution.

Section 263 While the House of Representatives and the Senate under this

Constitution are not yet formed, the National Legislative Assembly as established under the

Constitution of the Kingdom of Thailand (Interim) B.E. 2557 shall continue to act as the National

Assembly, the House of Representatives, and the Senate. The members of the National Legislative

Assembly holding office before the promulgation of this Constitution shall act as members of the

House of Representatives or senators respectively in accordance with the provisions of this

Constitution, and the National Legislative Assembly and its members shall terminate on the day before

the convocation of the first sitting of the National Assembly following the general election conducted

under this Constitution.

Members of the National Legislative Assembly shall, other than having the qualifications

and not being under the prohibitions pursuant to the Constitution of the Kingdom of Thailand (Interim)

B.E. 2557, possess the qualifications and not be under any of the prohibitions, including the grounds

for termination of the membership as prescribed in this Constitution for members of the House of

Representatives and senators, as follows:

(1) Section 98, except for (3), (12), (13), (14) and (15);

(2) Section 201, except for:

(a) the case under (6) on the part particularly concerning Section 98, except for (3),

(12), (13), (14) and (15);

(b) the case under (7) on the part particularly concerning the circumstance where a

member of the National Legislative Assembly is a State official performing in compliance with the

duties and powers under the law or a lawful order, and the part relating to Section 184 (1);

(3) Section 108, except for A. Qualifications as prescribed under (3) and (4), and B.

Prohibitions as prescribed under (1), (2) and (7) and excluding the part relating to Section 98 (3) and

(15) from the case under (1).

The provisions of Section 112 shall not apply to members of the National Legislative

Assembly in the holding of the position of Minister.

TofC § xref Index

Provisions of any law prohibiting a person from holding a political position shall not apply to

the holding of the position of Minister under Section 264, a position of political official appointed for

the benefit of performing the duties of the Council of Ministers under Section 264 or for benefits in

performing duties of the National Council for Peace and Order under Section 265, or a member of the

National Legislative Assembly under this Section.

During the period when the National Legislative Assembly acts as the National Assembly,

the House of Representatives, and the Senate under Paragraph One, the President of the National

Legislative Assembly shall have the powers, as provided by this Constitution or the law, of the

President of the National Assembly, the President of the House of Representatives, or the President of

the Senate.

While the National Legislative Assembly performs the duties according to Paragraph One, if

a position is vacant, the Head of the National Council for Peace and Order may inform the King to

appoint a person having the qualifications and not being under any of the prohibitions pursuant to

Paragraph Two to fill in the vacancy in the National Legislative Assembly.

In the first general election following the promulgation of this Constitution, a member of

the National Legislative Assembly may not apply for candidacy in such election, unless he or she has

vacated office of the National Legislative Assembly within ninety days as from the date of the

promulgation of the Constitution.

Referenced by: § 264, 265, 266, 267

Section 264 The Council of Ministers carrying out the administration of the State

affairs before the promulgation of this Constitution shall be the Council of Ministers under the

Constitution until the Council of Ministers newly appointed following the first general election

according to the Constitution takes office. In this case, the provisions of Section 263 Paragraph Three

shall apply mutatis mutandis to the holding of the position of Minister.

The Ministers under Paragraph One shall, other than having the qualifications and not being

under the prohibitions pursuant to the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, not

be under any of the prohibitions as required for the position of Minister in Section 160 except on the

part particularly concerning Section 98 (12), (13), (14) and (15), and shall vacate office according to

Section 170 except for (3) and (4) thereof on the part particularly concerning Section 98 (12), (13), (14)

TofC § xref Index

and (15) and except for Section 170 (5) on the part particularly concerning the proceeding under

Section 184 (1).

Appointment of a Minister during the period stated in Paragraph One shall proceed in

accordance with the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, amended by the

Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the

Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 2) B.E. 2559. In such

case, there shall be no prohibitions as prescribed in Paragraph Two.

The provisions of Section 263 Paragraph Seven shall apply mutatis mutandis to the

application of a Minister for candidacy in an election of members of the House of Representatives

under Paragraph One and Paragraph Three.


Section 265 The National Council for Peace and Order holding office prior to the

promulgation of this Constitution shall continue to perform duties until the Council of Ministers newly

appointed following the first general election according to the Constitution takes office.

During the performance of the duties pursuant to Paragraph One, the Head of the National

Council for Peace and Order shall continue to have the duties and powers as provided in the

Constitution of the Kingdom of Thailand (Interim) B.E. 2557, amended by the Constitution of the

Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the Constitution of the

Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 2) B.E. 2559. The provisions of the

aforementioned Constitution specifically in respect of the powers of the Head of the National Council

for Peace and Order and the National Council for Peace and Order shall remain in force.


application for candidacy in an election of members of the House of Representatives of a holder of

position in the National Council for Peace and Order.


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Section 266 The National Reform Steering Council shall continue to perform duties

pro tempore for the purpose of formulating recommendations in regard to the national reform steering

until a law on the plan and strategy for national reform has been enacted in accordance with Section

259.

For the benefit of steering the national reform, the Head of the National Council for Peace

and Order may adjust the structure or the procedure of the National Reform Steering Council so as to

achieve more effectiveness in the national reform under Chapter 16 on National Reform.


application for candidacy in an election of members of the House of Representatives of a member of

the National Reform Steering Council.

Section 267 The Constitution Drafting Committee appointed under the Constitution

of the Kingdom of Thailand (Interim) B.E. 2557, amended by the Constitution of the Kingdom of

Thailand (Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the Constitution of the Kingdom of

Thailand (Interim) B.E. 2557, Amendment (No. 2) B.E. 2559, shall continue to perform duties for the

purpose of completing the following Organic Bills for submission to the National Legislative Assembly

for consideration and approval:

(1) the Organic Act on Election of Members of the House of Representatives;

(2) the Organic Act on Acquisition of Members of the Senate;

(3) the Organic Act on the Election Commission;

(4) the Organic Act on Political Parties;

(5) the Organic Act on the Procedure of the Constitutional Court;

(6) the Organic Act on the Criminal Procedure for Persons Holding Political Positions;

(7) the Organic Act on the Ombudsman;

(8) the Organic Act on Prevention and Suppression of Corruption;

(9) the Organic Law on the State Audit;

(10) the Organic Law on the National Human Rights Commission.

For the proceeding under Paragraph One, the Constitution Drafting Committee may enact

new Organic bills or amend the existing laws in compliance with the provisions and the intent of this

Constitution and with the aim to eliminate all forms of corruption and misconduct, and shall complete

within two hundred and forty days as from the date of promulgation of the Constitution. Upon

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consideration of the Organic bills by the National Legislative Assembly, the Constitution Drafting

Committee shall vacate office but must not be later than the date the members of the National

Legislative Assembly vacate office according to Section 263.

With a view to proceeding in conformity with Paragraph One and Paragraph Two in an

effective and speedy manner, the Constitution Drafting Committee may request the Head of the

National Council for Peace and Order to appoint additional members of the Committee according to

Paragraph One but in total the number of members shall not be more than thirty.

In the consideration of the Organic Bills as specified in Paragraph One, upon receipt of the

Organic Bills from the Constitution Drafting Committee, the National Legislative Assembly shall

complete the consideration of each Organic Bill within sixty days as from the date of its receipt. In the

event where the National Legislative Assembly is unable to complete the consideration of any Organic

Bill within the required period, it shall be deemed that the National Legislative Assembly has approved

such draft as presented by the Constitution Drafting Committee.

Upon completion of the consideration of an Organic Bill, the National Legislative Assembly

shall refer such Organic Bill to the Constitutional Court or the concerned Constitutional Organization

and the Constitution Drafting Committee for review. In the case where the Constitutional Court or the

concerned Constitutional Organization or the Constitution Drafting Committee is of the opinion that

such Organic Bill does not observe the intent of the Constitution, it shall inform the President of the

National Legislative Assembly within ten days as from the date of receipt of the Organic Bill, thereafter

the National Legislative Assembly shall appoint an ad hoc committee, consisting of eleven members as

the President of the Constitutional Court or the President of the concerned Constitutional Organization

and five members each from the members of the National Legislative Assembly and the designated

members of the Constitution Drafting Committee, to review such draft in question and present to the

National Legislative Assembly for approval within fifteen days as from the date of being appointed. In

the event that the National Legislative Assembly has passed a resolution of disapproval by the votes of

more than two-thirds of the total number of the existing members of the National Legislative

Assembly, such Organic Bill shall lapse. In case of the passing of such resolution by the votes of less

than two-thirds, it shall be deemed that the National Legislative Assembly has approved the Organic

Bill as presented by the ad hoc committee, and further proceeding pursuant to Section 81 shall be

carried out.

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For the purpose of eliminating conflict of interests, no member of the Constitution Drafting

Committee may hold a political position within two years as from the date of vacating office according

to Paragraph Two.


Section 268 Election of members of the House of Representatives under this

Constitution shall be held within one hundred and fifty days as from the date the organic laws under

Section 267 (1), (2), (3) and (4) have come into force.


Section 269 At the initial period, the Senate shall consist of two hundred and fifty

members appointed by the King upon the advice of the National Council for Peace and Order. The

selection and the appointment shall be in accordance with the following rules and procedure:

(1) there shall be a Selection Committee of Senator of not less than nine and not more

than twelve members appointed by the National Council for Peace and Order from qualified persons,

who possess knowledge and experience in different fields and are politically impartial, to undertake

the selection of persons suitable to be senators according to the rules and procedure as follows:

(A) The Election Commission shall complete the selection of two hundred senators

pursuant to Section 107 and in accordance with the Organic Act on the Acquisition of Senators not less

than fifteen days before the date of election of members of the House of Representatives under

Section 268, and shall present the name list s to the National Council for Peace and Order;

(B) The Selection Committee of Senators shall select not more than four hundred

persons who possess appropriate knowledge and competence that will benefit the performance of

duties of the Senate and the national reform, according to the procedure prescribed by the Selection

Committee, and shall present the name list to the National Council for Peace and Order. The selection

shall not be completed later than the period specified under (A);

(C) The National Council for Peace and Order shall select fifty persons and fifty

reserve persons from the persons on the name list received from the Election Commission under (A),

with regard thoroughly given to persons from diverse groups, shall select one hundred and ninety four

persons from the persons on the name list under (B) added by the persons holding the positions of the

Permanent Secretary of the Defense, the Supreme Commander in Chief, the Commander in Chief of

the Royal Thai Army, the Commander in Chief of the Royal Thai Navy, the Commander in Chief of the

Royal Thai Air Force, and the Commissioner General of the Royal Thai Police, totaling two hundred and

TofC § xref Index

fifty persons, and shall select fifty reserve persons from the name list under (B). The selection of all

categories shall be completed within three days as from the announcement date of the result of the

election of members of the House of Representatives according to Section 268.

(2) The provisions of Section 108, B. Prohibitions (6) on the part particularly concerning

the past holding of the position of Minister shall not apply to the senators selected under (1) (B), and

the provisions of Section 108, B. Prohibitions (2), Section 184 (1) and Section 185 shall not apply to the

persons appointed as ex officio senators.

(3) The National Council for Peace and Order shall present the list of two hundred and

fifty persons selected under (1) (C) to the King for His appointment and the Head of the National

Council for Peace and Order shall countersign the Royal Command.

(4) The term of the Senate under this Section shall be five years as from the date of

appointment by the King and the membership of senators shall commence on the date of

appointment. In case of a vacancy, the President of the Senate shall elevate the person placed in order

in the reserve list according to (1) (C) to fill in the vacancy and shall countersign the Royal Command.

An ex officio senator who vacates the position holding at the time of being appointed to be a senator

shall vacate office of the Senate thereafter a proceeding shall be undertaken to appoint such person as

a replacing senator. The senator appointed to fill in a vacancy shall hold office for the remaining term

of the Senate.

(5) Where there is not yet a Royal Command appointing the person in the reserve list to

fill in a vacancy as prescribed in (4), or where there is no person left in the reserve list, or where there

is no ex officio senator, for any reason whatsoever, the Senate shall consist of the existing members.

(6) Upon expiration of the term of the Senate under (4), the selection of senators

according to Section 107 shall proceed further and the provisions of Section 109 Paragraph Three shall

apply mutatis mutandis.


Section 270 Other than the duties and powers as provided in the Constitution, the

senators acquired pursuant to Section 269 shall have the duties and powers to follow up, recommend,

and accelerate the national reform for the purpose of achieving the goals as prescribed in Chapter 16

in respect of the National Reform and the formulation and implementation of a national strategy. In

this regard, the Council of Ministers shall inform the progress of the implementation of the national

reform plan to the National Assembly in every three months.

TofC § xref Index

A bill to be enacted for the implementation under Chapter 16 concerning the National

Reform shall be presented and considered by the joint sitting of the National Assembly.

Any bill viewed by the Council of Ministers as the bill to be enacted for the implementation

under Chapter 16 concerning the National Reform, the Council of Ministers shall inform the President

of the National Assembly accompanied by the submission of such bill. In the case where the Council of

Ministers has not informed that it is the bill to be enacted for the implementation under Chapter 16

concerning the National Reform, if members of the House of Representatives or senators deem such

bill to be enacted for the implementation under Chapter 16 concerning the National Reform, the

members of the House of Representatives or senators of not less than one-fifth of the members of

each respective House may submit their signed motion to the President of the National Assembly to

consider in this respect. Submission of the motion shall take place prior to the completion of

consideration of such law bill by the House of Representatives or the Senate, as the case may be.

Upon the receipt of the motion by the President of the National Assembly pursuant to

Paragraph Three, the President of the National Assembly shall present the matter to a joint committee

which consists of the President of the Senate as the Chairperson, and one Vice-President of the House

of Representatives, the Leader of the Opposition in the House of Representatives, one representative

of the Council of Ministers, and one Chairperson of a standing committee, elected among the

Chairpersons of all standing committees, as the members, for its decision thereon.

The decision of the joint committee under Paragraph Four shall be made by the majority of

votes and shall be final, and the President of the National Assembly shall proceed according to the

decision.

Section 271 At the initial period of the term of the Senate as provided in Section 269,

the consideration of any bill suspended by the Senate or the House of Representatives according to

Section 137 (2) or (3) shall be undertaken by the joint sitting of the National Assembly in case of:

(1) the amendment of penalty or elements of the offence against a position in the official

service or in the justice affairs, or of the offence committed by an official of a State organization or

agency, specifically if such amendment results in the effect that the person having committed the

offence will be acquitted or unpunished;

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(2) the bill which has been passed by a resolution of the Senate by the votes of not less

than two-thirds of the number of existing members of the Senate, reasoning such bill seriously affects

the justice process.

The resolution of the joint sitting of the National Assembly to approve the bill as provided in

Paragraph One shall be made by the votes of not less than two-thirds of the number of existing

members of the National Assembly.

Section 272 At the initial period, following the election of members of the House of

Representatives pursuant to Section 268, if a circumstance arises that the appointment of the Prime

Minister from the nomination lists submitted by political parties under Section 88 may not be carried

out, irrespective of whatever reason, and not less than one-half of the number of existing members of

the House of Representatives submit their signed motion to the President of the National Assembly to

pass a resolution exempting the nomination of the Prime Minister from the lists submitted by political

parties under Section 88, in such case the President of the National Assembly shall convene a joint

meeting of the National Assembly without delay. Where the National Assembly has passed a resolution

of exemption by the votes of not less than two-thirds of the number of existing members of both

Houses, the House of Representatives shall proceed in accordance with Section 159 and may or may

not nominate the persons on the lists submitted by political parties under Section 88.

Section 273 The Judges of the Constitutional Court, the position holders in the

Constitutional Organizations and the Auditor-General holding office before the promulgation of this

Constitution shall continue to perform duties and, when the concerned Organic Acts enacted according

to Section 267 come into force, the continual holding of such positions shall be as provided by such

Organic Acts. During the period where the Organic Acts have not been enacted according to Section

267, the vacation from office of the Judges of the Constitutional Court, the position holders in the

Constitutional Organizations and the Auditor-General shall be in accordance with the provisions of the

Constitution of the Kingdom of Thailand B.E. 2550 and the concerned Organic Acts or laws.

The procedures of the Constitutional Court or the Constitutional Organizations and the

Auditor-General shall be according to the laws in force preceding the date of promulgation of this

Constitution, in so far as it is not contrary to or inconsistent with the provisions of the Constitution.

TofC § xref Index

While the Organic Act on the Procedure of the Constitutional Court is not yet in place, the

trial and adjudication by the Constitutional Court shall be in compliance with the Rules of the

Constitutional Court applicable on the date before this Constitution is promulgated, in so far as they

are not contrary to or inconsistent with the provisions of the Constitution.

Section 274 The National Broadcasting and Telecommunications Commission, as

established by the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting

and Telecommunications Services B.E. 2553, shall be an organization under Section 60 Paragraph

Three. The Council of Ministers shall amend the Act in accordance with the provisions of this

Constitution and present to the National Legislative Assembly for consideration within one hundred

and eighty days as from the date of promulgation of the Constitution.

Section 275 The Council of Ministers shall complete the enactment of the law as

specified in Section 65 Paragraph Two within one hundred and twenty days as from the date of

promulgation of this Constitution, and the formulation of a national strategy within one year as from

the date such law has entered into force.

Section 276 The Constitutional Court and the Constitutional Organizations shall

provide for the ethical standard under Section 219 within one year as from the date of promulgation of

this Constitution and, if it has not been completed within the specified period, the Judges of the

Constitutional Court and the position holders in the Constitutional Organizations shall vacate office.

In case of the vacation from office of the Judges of the Constitutional Court and the position

holders in the Constitutional Organizations under Paragraph One, the period of one year under such

Paragraph shall count from the date the newly appointed Judges of the Constitutional Court and the

position holders in the Constitutional Organizations take office, and the provisions in Paragraph One

shall apply to the newly appointed Judges of the Constitutional Court and the position holders in the

Constitutional Organizations mutatis mutandis.

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Section 277 Other than what are specifically provided in this Constitution, the Council

of Ministersshall propose the laws in accordance with Section 196, Section 198 and Section 248

Paragraph Three to the National Legislative Assembly within one year as from the date of promulgation

of this Constitution.

During the period where no improvement or amendment of laws is made to accord Section

196, Section 198 and Section 248 Paragraph Three, the Judicial Commission of the Courts of Justice,

the Judicial Commission of the Administrative Courts and the Public Prosecutor Commission existing

prior to the date of promulgation of this Constitution shall pro tempore act as the Judicial Commission

of the Courts of Justice, the Judicial Commission of the Administrative Courts and the Public Prosecutor

Commission pursuant to Section 196, Section 198 and Section 248 Paragraph Three, as the case may

be.

During the period where no improvement or amendment of laws is made to accord Section

248 Paragraph Four, no public prosecutor shall hold a position of executive member in a State

enterprise or another State entrepreneur of the same nature, or any position in a partnership or

company or any other business that aims at sharing profit or income, or be an advisor to a holder of

political position or any other position of the same characteristics.

Section 278 The Council of Ministers shall manage for the State agency it so specifies

to complete the enactment of necessary draft laws in accordance with Section 58, Section 62 and

Section 63 and present to the National Legislative Assembly within two hundred and forty days as from

the date of promulgation of this Constitution, thereafter the National Legislative Assembly shall

complete its consideration within sixty days as from the date of receipt of such bills.

In the case where there are several agencies involved, the Council of Ministers shall

determine a period for each agency to complete its undertaking according to its necessity but, in total,

the period shall not exceed two hundred and forty days as required in Paragraph One.

If the State agency under Paragraph One has not completed such enactment within the

period specified in Paragraph Two, the Council of Ministers shall order the removal from office of the

head thereof.

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Section 279 All announcements, orders and acts, including the performance of the

National Council for Peace and Order or of the Head of the National Council for Peace and Order

already in force prior to the date of promulgation of this Constitution or will come into force in

accordance with Section 265 Paragraph Two, irrespective of their constitutional, legislative, executive

or judicial force, shall be considered constitutional and lawful and shall continue to be in force under

this Constitution. Repeal or amendment of such any announcement or order shall be made by an Act,

except in case of the announcements or orders of the exercise of executive power in nature, the repeal

or amendment shall be made by an order of the Prime Minister or a resolution of the Council of

Ministers, as the case may be.

All affairs, including the acts related thereto, as recognized by the Constitution of the

Kingdom of Thailand (Interim) B.E. 2557, amended by the Constitution of the Kingdom of Thailand

(Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the Constitution of the Kingdom of Thailand

(Interim) B.E. 2557, Amendment (No. 2) B.E. 2559, to be constitutional and lawful shall be considered

constitutional and lawful.

The Countersigned,

_____________________

Prime Minister

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SECTION CROSS-REFERENCES

Section referenced Section referencing

Section 1 ........................................................ 249

Section 5 ........................................................ 212

Section 16 ...................................... 17, 18, 19, 22

Section 17 ....................... 18, 19, 22, 23, 126, 156

Section 18 .................................................. 22, 23

Section 19 .............................................. 126, 156

Section 20 ........................................ 21, 126, 156

Section 21 .............................20, 22, 23, 126, 156

Section 22 ........................................................ 23

Section 26 ........................................................ 37

Section 54 ...................................................... 258

Section 58 ...................................................... 278

Section 60 ...................................................... 274

Section 62 ...................................................... 278

Section 63 ...................................................... 278

Section 65 ...................................................... 275

Section 77 ...................................................... 258

Section 81 .............. 137, 138, 143, 148, 256, 267

Section 82 ...................................................... 170

Section 83 ........................................................ 84

Section 87 ........................................................ 88

Section 88 ........................................ 89, 159, 272

Section 91 .................................................. 92, 94

Section 93 ................................................ 94, 101

Section 94 ...................................................... 105

Section 95 ...................................................... 104

Section 96 ........................................................ 98

Section 97 .............................................. 101, 104

Section 98 ....... 101, 108, 160, 168, 202, 263, 264

Section 101 ...................................................... 82

Section 102 ............................................ 104, 105

Section 103 .................................................... 104

Section 104 .................................................... 107

Section 107 ............................................ 110, 269

Section 108 .................................... 111, 263, 269

Section 109 ............................................ 117, 269

Section 111 ...................................................... 82

Section 112 .................................................... 263

Section 113 .................................................... 111

Section 117 .................................................... 118

Section 118 .................................................... 106

Section 121 .................................................... 156

Section 122 .................................................... 156

Section 123 .................................................... 122

Section 124 ............................................ 129, 163

Section 126 .................................................... 122

Section 128 .................................................... 129

Section 131 .................................................... 132

Section 132 .................................................... 156

Section 134 .................................................... 135

Section 136 .................................................... 137

Section 137 ............................ 129, 138, 139, 271

Section 138 .................................................... 143

Section 143 .................................................... 138

Section 144 ...................... 98, 101, 111, 143, 167

Section 145 ...................................................... 81

Section 146 .................................................... 156

Section 147 .................................................... 156

Section 148 ............................................ 145, 149

Section 151 .................................................... 154

Section 152 .................................................... 154

Section 153 .................................................... 154

Section 155 .................................................... 156

Section 157 ............................................ 137, 156

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Section 158 .................................... 167, 168, 170

Section 159 ............................ 158, 167, 168, 272

Section 160 ...................... 89, 159, 168, 170, 264

Section 162 ............................................ 156, 161

Section 165 .................................................... 156

Section 167 ............................................ 168, 169

Section 168 ............................................ 161, 169

Section 170 ............................................ 167, 264

Section 172 ............................................ 173, 174

Section 177 ............................................ 126, 156

Section 178 .................................................... 156

Section 184 ............ 101, 111, 186, 263, 264, 269

Section 185 .................................... 101, 111, 269

Section 186 ............................................ 160, 170

Section 187 ............................................ 160, 170

Section 188 .................................................... 210

Section 190 .................................................... 210

Section 191 .................................................... 210

Section 193 .................................................... 210

Section 196 .................................................... 277

Section 198 .................................................... 277

Section 201 ............................ 203, 208, 216, 263

Section 202 ............................ 203, 205, 208, 216

Section 203 ............................................ 208, 217

Section 204 ............................ 205, 206, 217, 241

Section 205 .................................................... 217

Section 206 .................................................... 217

Section 208 .................................................... 218

Section 214 .................................................... 218

Section 216 .................................................... 218

Section 219 .................................................... 276

Section 222 .................................................... 218

Section 224 .................................................... 225

Section 225 .................................................... 226

Section 226 .................................................... 235

Section 228 .................................................... 218

Section 230 .................................................... 231

Section 232 .................................................... 218

Section 234 ............................................ 235, 236

Section 235 ...... 98, 101, 111, 208, 214, 218, 237

Section 236 .................................................... 235

Section 238 .................................................... 218

Section 246 .................................................... 218

Section 248 .................................................... 277

Section 255 .................................................... 256

Section 256 .................................................... 156

Section 258 ............................................ 260, 261

Section 259 .................................................... 266

Section 260 .................................................... 259

Section 261 .................................................... 259

Section 263 ............................ 264, 265, 266, 267

Section 264 .................................................... 263

Section 265 ............................................ 263, 279

Section 267 ............................................ 268, 273

Section 268 ............................................ 269, 272

Section 269 ............................................ 270, 271

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INDEX

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Numbers refer to sections

A

administration of State affairs

national reform goals, 258

policies of the State shall serve as directive principles, 64

Administrative Court

cases referred by Ombudsman, 231

jurisdiction

defined, 197

exception – no review of adjudications by Constitutional Organizations, 197

jurisdiction dispute – resolution, 192

Organic Law on the Establishment and Procedure of the Administrative Court, 231

personnel administration, 198, 277

Supreme Administrative Court

appeal from State Audit Commission, 240

judges serve on Constitutional Court, 200

President

attends joint meeting when called under Section 5 (when no provision is applicable to a case), 5

system of salary and remuneration, 193

amendment of the Constitution

amendments requiring referendum, 256

Constitutional Court approval, 256

prohibited amendments, 255

rules and procedure, 256

when King refuses assent when House dissolved or term ended, 147

appropriations. See bills and laws: appropriations bills.

armed forces

duty of Thai people to serve as required, 50

efficacy of, as duty of the State, 52

equal rights and liberties of members, 27

King as head, 8

role in national development, 52

assets and liabilities

disclosure required for certain officials, 234

Attorney General

motion to Constitutional Court for cessation of acts to overthrow the democratic regime of government with the King

as Head of the State, 49

prosecution of corruption, malfeasance, unusual wealth, ethical standard violation, 235

involving NCCC member, 237

audit of State funds by Auditor General, 242



Page 131

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Auditor General. See also State Audit Commission.

appointment, 241

approval by Senate, 241

audit of State funds, 242

compliance with fiscal discipline law, 242

continuance in office under new Constitution, 273

disclosure of assets and liabilities to NCCC, 234

duties and powers, 242

independence, 243

investigation of by NCCC, 234

Organic Act on the State Audit, 130, 240, 241, 243, 267

qualifications and disqualifications/prohibitions, 241

term of office

according to organic law, 243

before enactment of Organic Law, 273

when case must be referred to National Counter Corruption Commission, Election Commission, etc., 244

when violation of law on fiscal discipline found, 245

B

balanced material and spiritual development

as goal of national reform, 257

bills and laws

after approval, 81, 145, 148

when King refuses assent, 146, 147

appropriations bills

amendments and alterations restricted, 144

as authorizing payment of State funds, 140

compliance with fiscal discipline law, 142

consideration by Senate, 143

deadline for House to consider, 143

failure to enact, 141

House or Senate member involvement in use of appropriations, 144

required elements, 142

consent of National Assembly required, 81

consultation with stakeholders prior to enactment, 77

Council of Ministers deadlines

law on National Strategy for sustainable development, 275

laws under §196, §198, §248, 277

laws under §58, §62, §63, 278

law restricting rights or liberties – requirements, 26

legislation. See also law revision.


policies of the State as directive principles of legislation, 64



Page 132

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money-related bills

defined, resolution of doubt, 134

reconsideration by House after Senate disapproval, 138

required notice on submission to Senate, 136

Senate deadline to consider, 136

submission by House or voters, 133

when not introduced as money-related bill, 135

National Reform – bills to implement, 270

necessity requirement for laws, 77

organic bills. See also organic laws.

advice of Supreme Court, Constitutional Court, or Constitutional Organization, 131

consideration and deliberation by National Assembly, 156

disagreement by Supreme Court, Constitutional Court, or Constitutional Organization, 132

enumeration of organic laws to be enacted, 130

laws required before election, 268

procedure, 132

submitted to National Assembly, 132

under new constitution

Constitution Drafting Committee to complete, 267

Constitutional Court and Constitutional Organizations to review, 267

National Legislative Assembly to approve, 267

who may introduce, 131

policies of the State shall serve as directive principles of legislation, 64

request for Constitutional Court approval of bill, 148

submission of bills

by 20 or more members of House of Representatives, 133

organic bills require one-tenth of members, 131

by Council of Ministers, 133

organic bills, 131

by voters, 133

money-related bills, 133

to House first, 133

submission to Senate, 136

Senate deadline to consider, 136

appropriations bills, 143


Senate decision on submitted bills

amendment by Senate, 137

approved, 137

deemed approved, 137


disapproved/withheld, 137

consideration of certain suspended bills in initial term of Senate, 271

similar bill may not be introduced, 139

when House may reconsider bill, 138




Page 133

TofC § xref Index

when King refuses assent of approved bill, 146

when House dissolved or term ended, 147

C

censorship

prohibited with exceptions, 35, 36

competitiveness


conflicts of interest

House or Senate member, 184

ministers, 186, 187

public prosecutors, 248

Constitution Drafting Committee

disqualification of members from political positions for two years, 267

to complete organic bills under new Constitution, 267

appointment of additional members, 267

Constitution of Thailand

B.E. 2475 (Siam), Preamble

B.E. 2550, 273

B.E. 2557, Preamble, 263, 264, 265, 267, 279

this Constitution

amending the Constitution. See amendment of the Constitution.

supreme law of the State, 5

deadlines after promulgation

060 days

Council of Ministers to appoint committee for education reform, 261

090 days

NLA members to vacate office or be ineligible for first election, 263

120 days

Council of Ministers to complete enactment of law under Section 65 on National Strategy for sustainable

development, 275

enact law on National Reform Plan and Strategy, 259

180 days

Council of Ministers to present to NLA amendment of Act on Organization to Assign Radio Frequency and

to Regulate the Broadcasting and Telecommunications Services B.E. 2553, 274

240 days

Constitution Drafting Committee to enact new organic bills or amend existing laws, 267

Council of Ministers to present laws under §58, §62, §63 to National Legislative Assembly, 278

one year

commence reform in each field of National Strategy, 259

committee for revision of laws to complete revision, 260

Council of Ministers to propose laws under §196, §198, §248 to National Legislative Assembly, 277

judges of Constitutional Court and officials of Constitutional Organizations to complete ethical standard,

or vacate office, 276

State to enact law to establish fund to reduce education disparity and improve teacher quality, 258



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goals of Constitution, Preamble

necessity for Constitution, Preamble

officials continuing in office after promulgation

Auditor-General, 273

Constitutional Court judges, 273

Constitutional Organization office holders, 273

Council of Ministers, 264

National Council for Peace and Order (NCPO), 265

National Legislative Assembly, 263

National Reform Steering Council, 266

Privy Council, 262

when no provision is applicable to a case, 5

during trial in Constitutional Court, 212

Constitutional Court

cases falling within Section 5 (when no provision is applicable to a case), 212

cases referred by Ombudsman, 231

composition of court, 200, 206, 209

duties and powers

adjudicate constitutionality of a law or bill, 210

adjudicate problems with duties and powers of House of Representatives, Senate, Council of Ministers, or

Constitutional Organizations, 210

other duties and powers as provided in this Constitution, 210

ethical standard – duty to enact, deadline, 276

judges

approval by Senate, 204



disqualifications/prohibitions, 202, 205

disqualified from House membership, 98

disqualified from Senate, 108


qualifications, 201

selection, 203

term, 207, 208

vacating office, 208


jurisdiction

complaints of constitutional violations, 213

defined, 210

judge may not object, 211

procedure for submission of petition and adjudication, 210

Organic Act on Procedure of the Constitutional Court, 130, 203, 208, 210, 213, 231, 267, 273

President

convenes joint meeting under Section 5 (when no provision is applicable to a case), 5

election of, 204, 206



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quorum, 209, 211

lack of quorum when judge removed under Section 235, 214

Selection Committee, 203

composition, 203

specific issues

motion/petition re acts to overthrow the democratic regime of government with the King as Head of the State, 49

review of claim asserting House member/Senator membership termination, 82

review of legislative proposals

Constitutional amendment, 256

contested bill, 136, 144, 148

contested rules of procedure of House, Senate, National Assembly, 149

Emergency Decree, 173

new bill similar to withheld bill, 139

organic bills, 131, 132, 267

questioned treaty, 178

review of termination of ministerial status, 170

Constitutional Organizations

adjudications not subject to jurisdiction of Administrative Court, 197

bound by decision of joint meeting under Section 5, 5

cooperation with other Constitutional Organizations required, 221

defined, 215

ethical standard – duty to enact, deadline, 276

position holders





Presidents

attend joint meeting when called under Section 5 (when no provision is applicable to a case), 5

qualifications, 216

vacating office, 218


required to have office responsible for administrative affairs, operations and facilities, 220

State Audit Commission exempted, 220

review of new organic bills, 131, 132, 267

Selection Committee, 217

consumer rights

as duty of the State, 61

rights of the people, 46

corruption. See also malfeasance, unusual wealth.

Council of Ministers to present law regarding education against corruption and misconduct to National Legislative

Assembly within 240 days, 278

disqualification from House of Representatives and Council of Ministers, 98

disqualification from Senate, 98, 108

duty of Thai people to avoid, 50

duty of the State to educate re harm and to prevent, eradicate, 63



Page 136

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forfeiture of assets on conviction by Supreme Court, 235

in spending of State funds, 244

NCCC investigation of judge of Constitution Court, officer in Constitutional Organization, Auditor General, or State

official, 234

NCCC to refer certain violations to Attorney General, 235

NCCC to refer certain violations to Supreme Court, 235

Organic Act on Prevention and Suppression of Corruption, 130, 234, 235, 267

policy of the State to combat, 78

violation by NCCC commissioner, 236, 237

Council of Ministers

amending Constitution, 256

appointment, 158

assumption of office, 106

bills to implement national reform, 270


caretaker status

general duties, 168

limitations after dissolution or expiration of House term

appointments, transfers, discharges, 169

binding new Council of Ministers, 169

spending of budget reserved for emergency or necessary circumstance, 169

using resources or State personnel in a way that may affect result of an election, 169


countersignature

of laws, Royal Rescripts and Royal Commands relating to State affairs, 182

deadlines

to amend Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and

Telecommunications Services B.E. 2553, 274

to enact law on National Strategy for sustainable development, 275

to present laws under §58, §62, §63 to National Legislative Assembly, 278

to propose laws under §196, §198, §248 to National Legislative Assembly, 277

duties and powers

general rules, 164

specific

entitled to attend and speak at sitting of House, 163

may request in camera sitting of House, Senate, National Assembly, 127

may request joint sitting of National Assembly for general debate called re problem in the administration of

State affairs, 165

may request to conduct public referendum on particular matter, 166

shall act on human rights assessments by NHRC, 247

shall appoint committee for education reform, deadline, 261

shall appoint committee for law revision, 260

shall attend joint consultation with National Assembly called re problem in respect of the safety and security

or the economy of the country, 155

shall be responsible collectively for determination and implementation of policies, 164

shall comply with ethical standard, 186



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shall comply with fiscal discipline law, 164

shall notify President of National Assembly when Throne becomes vacant, 21

shall report progress of national reform plan, 270

shall state policies to National Assembly within 15 days, 162

shall submit name of Successor to the Throne to National Assembly, 21

shall take charge of all affairs under countersigned Royal Commands relating to State affairs, 182

Emergency Decree – determination of grounds, 172

immunity from imprisonment, 160

interpellation of minister in House of Representatives or Senate, 150

involvement in use of appropriations

determination and consequences, 144

ground to vacate office en masse, 167

prohibited from remaining in caretaker status, 168

ministers

disqualifications/prohibitions, 98, 160

disqualified from first election under new Constitution, 264

disqualified from Senate for five years, 108

oath, 161

prohibited conflicts of interest

being partner or shareholder in certain businesses, or employee of any person, 187

exceptions to Section 184 prohibitions, 186

hindering or intervening in exercise of rights or liberties of newspapers or mass media, 184

holding position in government agency, State enterprise, or local administration, 184

receiving concession from, or having monopoly contract with, government agency or State enterprise, or

being partner or shareholder in business having such relationship (applies also to spouses, children, and

representatives), 184

receiving special money or benefit from government agency or State enterprise (applies also to spouses,

children, and representatives), 184

prohibited from intervening or interfering with performance of a State official in the interest of oneself, another

person or any political party, 186

qualifications, 160

removal

by King on advice of Prime Minister, 171

by no-confidence vote, 170

responsibility for matters under own duties and powers, 164

termination of ministerial status, 170

review by Constitutional Court, 170

motion for general debate

by House

for general inquiry or presenting problems to Council of Ministers, 152

for purpose of no-confidence vote, 151

pending motion precludes dissolution of House, 151

removal of Minister, 170

by Senate

for purpose of requesting Council of Ministers to give statements or explain important problems, 153

limit on number of motions, 154



Page 138

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oath

performing before taking oath, 161

Permanent Secretaries acting in place of Ministers, 168

resignation of Council, 167

statement of policies to National Assembly

authority to act on matter of importance and exigency before making statement, 162

statement governs Council’s administration, 164

submission of bills, 133

organic bills, 131

vacating en masse. See also caretaker status, this heading.

grounds, 144, 167

replacement, 167

countersignature requirements

of laws, Royal Rescripts and Royal Commands relating to State affairs, 182

of Royal Command appointing judge of Constitutional Court, 204

of Royal Command appointing Leader of the Opposition, 106

of Royal Command appointing or removing President of Privy Council, 11

of Royal Command appointing or removing Privy Councilor, 11

of Royal Command appointing Prime Minister, 158

of Royal Command appointing Regent, 16

of Royal Command appointing Senators, 269

of Royal Command approving Palace Law amendment, 20

of Royal Command convoking extraordinary session of National Assembly, 123

of Royal Command convoking extraordinary session of National Assembly during absence of House, 126

of Royal Command filling Senate vacancy, 269

Court of Justice

establishment, procedure, and operations, 194

jurisdiction, 194



Supreme Court

appeals from Criminal Division for Persons Holding Political Positions, 195

Criminal Division for Persons Holding Political Positions

appeal from, 195

composition of Division, 195

forfeiture of assets on conviction of unusual wealth or corruption, 235

judges elected case-by-case, 195

judgment removing person from office, 195, 235

jurisdiction, 195

Organic Act on Criminal Procedure for Persons Holding Political Positions, 130, 195, 267

procedure, 195

quorum, 195

judges serve on Constitutional Court, 200

President




Page 139

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review of alleged violations

corruption, 235

involving NCCC member, 236, 237

Election Commission petition re dishonest act by candidate, 226

ethical standard violation, 235


malfeasance, 235


unusual wealth, 235


review of new organic bills, 131, 132

system of salary and remuneration, 193

courts. See also Administrative Court, Court of Justice, Constitutional Court, Military Court, judges.


established only by Acts, 189

independent office in charge of administration, 193

exception – Military Court, 193


criminal inquiry system


D

deadlines from promulgation of Constitution. See Constitution of Thailand: this Constitution: deadlines after promulgation.

democratic regime of government with the King as Head of the State

adopted by this constitution, 2

as general principle, Preamble


Constitutional amendment may not change, 255

duty of Thai people to uphold, 50

guideline for political parties, 45

judges’ oath to uphold, 191

motion or petition for cessation of violation, 49

principle for resolving case under Section 5, 5

promoting knowledge and understanding of, 258

promoting through State policies, 78

duties of the State. See also policies of the State.

duties govern Council of Ministers, 162

enumerated

compliance with and enforcement of the laws, 53

consumer rights, 61

corruption and misconduct

to educate re harm, 63

to prevent, eradicate, 63

diplomacy, 52

disclose public information, 59



Page 140

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education – 12 years, 54

education re corruption and misconduct

deadline for Council of Ministers to present law to National Legislative Assembly, 278

educational disparity reduction, 54

fund to reduce disparity and improve teacher quality, 258

environmental impact evaluation, 58


fiscal discipline, 62


health service, 55

independence, 52

intelligence, 52

local wisdom, art, culture, tradition and custom, 57

national prestige, 52

natural resources, environment, and biodiversity, 57

pre-school children, 54

promote life time learning, 54

protect Royal Institution, 52

public order, 52

public utilities, 56

security of the State, 52

sovereignty, 52

tax fairness, 62

territorial integrity, 52

transmission frequencies and satellites, 60

Council of Ministers to amend Act on Organization to Assign Radio Frequency and to Regulate the

Broadcasting and Telecommunications Services B.E. 2553, 60

people’s right to enforce duties of the State, 51

voter submission of bill regarding duties of the State, 133

duties of the Thai people

to abide by law, 50

to attend compulsory education, 50

to cooperate and support the conservation and protection of environment, natural resources, biodiversity, and cultural

heritage, 50

to defend the country and uphold the prestige and interest of the nation and public property, 50

to freely exercise the right to vote, 50

to pay tax as required by law, 50

to refuse to cooperate with or provide support to corruption and wrongful conduct, 50

to respect and refrain from violation of rights and liberties of others, 50

to serve in armed forces as required by law, 50

to uphold Nation, religions, King, and democratic regime of government with the King as Head of the State, 50



Page 141

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E

economy


policies of the State, 75

education

as duty of local government organizations, 250

as duty of Thai people, 50


as ground for prohibited discrimination, 27

national reform goals, 258, 261

re Buddhist principles, 67

reducing disparity, 54

fund to reduce disparity and improve teacher quality, 258

reform

Council of Ministers to appoint committee for education reform within 60 days, 261

reform of legal education and training, 258

State fund for expenses of impoverished, 54

election. See Election Commission; House of Representatives: election.

Election Commission

announcement of election results, 85

approval of Commission required for appointments, transfers, discharges during caretaker government, 169

approval of Commission required for certain spending during caretaker government, 169

cases referred from Auditor General, 244, 245

composition of Commission, approval by Senate, 222


arrange/organize elections for House of Representatives, selection of Senators, elections of local councils and

executives, public referendums, 224

govern elections, selection, and referendum voting to be honest and fair, 224

govern operations of political parties to conform to law, 224

investigate reasonable doubts about honesty and of elections, selection, and referendum voting, 224

may suspend, restrain, alter or cancel election or selection or voting in referendum and order new election,

selection or voting in referendum, 224

may take immediate action when commissioner witnesses wrongful act, 224

order new election or selection on reasonable evidence that election or selection is not honest or fair, 225

order temporary suspension of candidate rights on reasonable evidence of act causing election or selection to be

dishonest or unfair, 224, 225

petition Supreme Court for revocation of candidate rights for dishonest act, 226

refer issue of House member/Senator membership termination to Constitutional Court, 82

refer issue of ministerial status termination to Constitutional Court, 170

selection of Senators, 107, 269

setting date, 107

setting election date, 102, 103

postponing election under unavoidable necessity, 104

immunity from arrest during pending Royal Decree for election, selection of senators, or referendum, 227

Organic Act on the Election Commission, 130, 267



Page 142

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pre-election list of Prime Minister nominees, 88, 89

term of office, 223

Emergency Decree

for law on taxes or currency, 174

for national or public safety, national economic security, or averting public calamity, 172

request for Constitutional Court consideration, 173

environment and natural resources

duty of the Thai people, 50

environmental impact evaluation




rights of the people, 43

ethical standard

as qualification of Ministers, 160

for House, Senate, Council of Ministers, 219

for judges of Constitutional Court and officials of Constitutional Organizations, 219

deadline to complete, 276

for State agencies, 76

governs Ministers, 186

NCCC investigation of re judge of Constitution Court, officer in Constitutional Organization, or Auditor General, 234



violation by judge of Constitutional Court, 202, 208


F

fiscal discipline


law on

as authority for appropriations bill, 142

as authority for budgets, 141


Council of Ministers to present to National Legislative Assembly within 240 days, 278

governs audit of State funds, 240, 242

governs Council of Ministers re State funds, 164

minimum requirements of law, 62

violation, 245

foreign relations – policies of the State

cooperation with international organizations, 66

friendly relations with other countries, 66

non-interference in domestic affairs, 66

protect interests of the country and of Thai nationals residing overseas, 66



Page 143

TofC § xref Index

H

happiness


health

health security system


health service

access to, as right of the people, 47


no charge for prevention, eradication of harmful contagious diseases, 47

no charge to impoverished persons, 47

Heir to the Throne. See also Throne.

administering oaths, 24

performing opening ceremony of National Assembly, 122

succession when appointed or not appointed, 21

House of Representatives. See also National Assembly.


composition of House, 83

acquisition for shortfall of number of members, 84

apportioning constituencies, 86

constituency members, 83

party list members, 83

when below one hundred and fifty, 83

when vacancy occurs, 83, 94, 105

dissolution, 103, 167

not permitted pending no-confidence motion, 151

election

general

called upon expiration of House term, 102

candidate disqualifications/prohibitions

in general, 98

specific disqualifications – members/officials of

Council of Ministers under interim constitution, 264

National Council for Peace and Order, 265

National Legislative Assembly under interim constitution, 263

National Reform Steering Council, 266

candidate qualifications, 97

deadline for first election under this Constitution, 268

new election where Election Commission finds election not honest or fair, 224, 225

Organic Act on Election of Members of the House of Representatives, 130, 267

political party membership, minimum time to qualify, 97

to fill vacancy, 105

of constituency candidates

candidate may not run on party list, 90

candidate qualifications, 87, 97



Page 144

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minimum number of votes required, 85, 92

re-election where no winner, 92, 93

rules for conduct, results of election, 85

withdrawal of candidate, 87

of party list candidates

candidate may not run in constituency or for another party, 90

deadline to submit list, 90

determining number of party-list members

after by-election to fill vacancy, 94, 105

after constituency election, 91

after new election, 93

after re-election, 92

death of candidate before close of voting, 91

limited to parties nominating constituency candidates, 90

interpellation of ministers, 150

Leader of the Opposition

appointment by King, 106


emoluments and remuneration, 183

vacating office, grounds, 106

members

disqualified (with family) from Senate, 79, 108

disqualified from Constitutional Court for ten years, 202

general duty, 114

immunity from arrest or summons, 125

involvement in use of appropriations, investigation of, 144

membership commencement, 100

membership termination, 101

complaint to Constitutional Court asserting termination, 82

oath, 115

privilege of statements made in session, 124









prohibited interventions

in mass media, 184

in specified government matters, 185

motion for general debate re Council of Ministers




Page 145

TofC § xref Index

for purpose of no-confidence vote re Ministers, 151




President

appointment, 116

countersignature

of Royal Command appointing Leader of the Opposition, 106

of Royal Command appointing Prime Minister, 158

disqualifications, 118

disqualified from holding position in political party, 116



shall be impartial in performance of duties, 119


ex officio President of National Assembly, 80

term, 117


replacement member, 105

rules of procedure

formulation, 128

request for Constitutional Court approval, 149

selection of Prime Minister, 159

sitting of House

ministers entitled to attend and speak, 163

public sitting required, 127

in camera sitting allowed at request of


one-fourth of members, 127

quorum, 120

standing committees, 129

power to demand documents, summon persons to give statements, 129

submission of bills. See also bills and laws.

20 or more members must submit, 133

organic bills require one-tenth of members, 131

appropriations bills

deadline for House to consider, 143

approval and submission to Senate, 136

Senate amends bill, 137

Senate approves bill or approval is deemed given, 137


Senate disapproves bill, 137






Page 146

TofC § xref Index


required notice on submission to Senate, 136

when not introduced as money-related bill, 135

term, 99

election called on expiration of term, 102

vacancy, 105

Vice-President

appointment, 116


disqualified from holding position in political party, 116



term, 117


human rights. See also National Human Rights Commission.

assessment report by NHRC, 247

Council of Ministers shall act on, 247

examination of violations by NHRC, 247

NHRC recommendations, 247

NHRC to clarify incorrect/unfair report on Thailand, 247

I

immunity from arrest/imprisonment

Election Commissioners, 227

House of Representatives members, 125

Ministers, 160

Senators, 125

J

judges. See also courts and names of specific courts.

Constitutional Court, 200, 201

King appoints and removes, 190

Military Courts, 199

no power to demand documents, summon persons, 129

oath, 191

shall be independent, 188

judicial process


policy of the State re, 68



Page 147

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K

King

Buddhist and Upholder of religions, 7

enthroned in a position of revered worship, shall not be violated or exposed to accusation or action, 6

enumerated prerogatives

to amend Palace Law on Succession, B.E. 2467, 20

to appoint and remove certain high officials in military service and civil service, 180

to conclude treaties and armistice, 178

to create and remove titles, to confer and recall decorations, 9

to declare and lift martial law, 176

to declare war, 177

to dissolve House of Representatives, 103

to grant pardons, 179

to issue Royal decree, 175

to remove Minister, 171

Head of the Thai Armed Forces, 8

selects and appoints Privy Council, 10

L

land

fair distribution


policy of the State, 72

planning – policy of the State, 72

law enforcement



law on budgetary procedure


law revision

Council of Ministers to appoint committee for, 260

national reform goals, 258, 260

police reshuffle to be based on seniority until revision of laws, 260

legal education and training


legislation. See bills and laws: legislation.

local administration

autonomy, 249

elections governed by Election Commission, 224

local assembly members to be elected, 252

local government organization duties and powers, 250

local legislation, 254

officials disqualified from Constitutional Court for ten years, 202



Page 148

TofC § xref Index

officials disqualified from House of Representatives, 98

officials disqualified from Senate for five years, 108

officials’ close family disqualified from Senate, 108

participation of people, 253

personnel administration, 251

removal of local assembly member, 254

M

malfeasance. See also corruption, unusual wealth.



NCCC investigation of State officials and judges, 234

martial law

exception to right against forced labor, 30

King’s prerogative to declare and lift, 176

military authority to declare, 176

mass media

liberty to report news or express opinion, 35

owner disqualified from House of Representatives and Council of Ministers, 98

owner shall be of Thai nationality, 35

protected from intervention by House members, Senators, and Ministers, 184

subsidy by the State prohibited, 35

Military Court

appointment and removal of judges, 199

establishment, procedure, and operations, 199

excepted from requirement of independent office in charge of administration, 193

jurisdiction, 199


motion for general debate

by House


for purpose of no-confidence vote, 151



by Senate



monarchy. See Royal Institution, King, Throne.



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N

National Assembly, 79, 263, See also House of Representatives; Senate; National Legislative Assembly (under interim

constitution).


appointment of Regent, 17

approval of Successor to Throne, 21

approval required for treaty changing Thai territory or having immense impact on economic or social security, trade, or

investment, 178


consent required to enact laws, 81

Emergency Decree consideration, 172

extraordinary session, 122, 123

during absence of House of Representatives, 126

for Emergency Decree, 172

first sitting, 121

National Legislative Assembly terminates, 263

joint sitting, 79

conducted by President, 80

enumerated purposes

acknowledgment of amendment of the Palace Law on Succession, 156

acknowledgment or approval of succession to the Throne, 156

amendment of the Constitution, 156

announcement of policies by Council of Ministers under Section 162, 156

approval of appointment of Regent, 156

approval of lapsed bill or Constitutional amendment under Section 147, 156

approval of prorogation of a session, 156

approval of selecting Prime Minister from outside party nominees list, 272

approval of the declaration of war, 156

consideration/deliberation of organic bill, 132, 156

deliberation of bill when King has refused assent, 146

general debate on problem in the administration of State affairs (Section 165), 156, 165

hearing of explanation and approval of a treaty, 156

making rules of procedure, 156

oath by Regent, 156

opening of the session, 156


exception – sitting with Council of Ministers under Section 155, 155




rules of procedure, 157

sitting with ninety-five percent of House members elected, 84

with Council of Ministers on problem re safety, security or economy (Section 155), 155, 156

King convokes, opens and prorogues, 122

opening of session, 122, 156



Page 150

TofC § xref Index

ordinary session

number and length, 121

prorogue, 121, 122, 156

President

countersignature

of Royal Command appointing or removing President of Privy Council, 11

of Royal Command appointing Regent, 16

of Royal Command approving Palace Law amendment, 20

of Royal Command convoking extraordinary session of National Assembly, 123


convoking National Assembly when Throne becomes vacant, 21

giving notice of Palace Law amendment, 20

referring complaint to Supreme Court on evidence of NCCC commissioner behavior within scope of Section

234 (corruption, malfeasance, unusual wealth, violation of ethical standard), 236


President of House serves ex officio, 80

President of Senate acts in absence of President of House, 80


proclaiming Heir to the Throne as King, 21

rules of procedure

at joint sitting, 157

made at joint sitting, 156


Vice-President


President of Senate serves ex officio, 80

National Broadcasting and Telecommunications Commission, 274

National Council for Peace and Order (NCPO)

continuance in office under new Constitution, 263, 265

disqualification of officials from first election under new Constitution, 265

Head of

appointing additional members to CDC, 267

authority over National Reform Steering Council, 266


countersignature

of Royal Command appointing Senators, 269

filling vacancy in National Legislative Assembly, 263

ratification by Constitution of NCPO announcements, orders and acts, 279

selection of Senators under new Constitution, 269

National Counter Corruption Commission (NCCC)

cases referred from Auditor General, 244, 245



investigation of House member or Senator for involvement in use of appropriations, 144

investigation of specified officials for corruption, malfeasance, unusual wealth, failure to comply with ethical

standard, 234, 235



Page 151

TofC § xref Index

refer cases to Supreme Court or Attorney General, 235

requiring specified officials to disclose assets and liabilities, 234

review of minister’s interest in business, 187

member’s term, 233

members’ qualifications, 232

when member suspected of committing an act within Commission’s jurisdiction (Section 234 – corruption,

malfeasance, unusual wealth, violation of ethical standard), 236, 237

national economic development


National Human Rights Commission (NHRC). See also human rights.

composition of commission, approval by Senate, 246

duties and powers

clarify and report accurate facts where there is an incorrect or unfair report on human rights in Thailand, 247

examine and report accurate facts re violation of human rights, 247

in performing duties, give "due regard to well-being of the Thai people and common interests of the country", 247

prepare assessment report on human rights situation in the country for submission to National Assembly and

Council of Ministers and dissemination to the public, 247

recommend measures re promotion and protection of human rights and revision of laws, rules or regulations to

comply with the human rights principle, 247

matters referred from Ombudsman, 230

Organic Act on the National Human Rights Commission, 130, 246, 267


selection of Commissioners, 217, 246

term of Commissioners, 246

National Legislative Assembly (under interim constitution)


disqualification of members from first election under new Constitution, 263

member qualifications and prohibitions, 263

President has powers of President of National Assembly, House of Representatives, or Senate, 263

terminates on day before convocation of first sitting of National Assembly, 263

to approve organic bills under new Constitution, 267

vacancy filled by NCPO Head, 263

national reform. See also policies of the State.

as criterion for Senator selection, 269

deadline to enact law on National Reform Plan and Strategy, 259

enumerated goals – general

balanced material and spiritual development, 257

democratic regime of government with the King as Head of the State, 257

good quality of life, 257

happiness, 257

participation in development of the country, 257

peace and order, 257

peaceful and fair society with equal opportunity, 257

sustainable development based on sufficiency economy, 257

unity and reconciliation, 257



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enumerated goals – specific

administration of State affairs, 258

competitiveness, 258

criminal inquiry system, 258

education, 258, 261

committee to be appointed by Council of Ministers, 261

health security system, 258

judicial process, 258

land occupation, 258

law enforcement, 258

law revision, 258, 260

committee to be appointed by Council of Ministers, 260

legal education and training, 258

national economic development, 258

political conflicts, 258

political parties, 258

politics, 258

public sector procurement system, 258

State laws database, 258

tax system, 258

waste disposal, 258

water resources, 258

governed by National Reform Plan and Strategy, 259

Senate duties and powers re national reform, 270

National Reform Plan and Strategy, 259

deadline to enact law on, 259

National Reform Steering Council

authority of NCPO Head over Council, 266

disqualification of officials from first election under new Constitution, 266

pro tempore authority under new Constitution, 266

National Strategy

as guide for appropriation bills, 142

deadline to commence reform, 259

governs Council of Ministers, 162

Senate duties and powers re national reform, 270

sustainable development

deadline to enact law, 275

described, 65

O

oath

authority to perform duties pro tempore before taking oath, 24

by judge, 191

by members of House of Representatives and Senators, 115

by Minister, 161



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by Privy Councilor, 13

by Regent, 19

before National Assembly, 156

taken before King, His sui juris Heir, or His representative, 24

Ombudsman

composition and selection, approval by Senate, 228

duties and powers

advise State agencies to revise any law, rule, regulation, order or procedure that causes trouble, unfairness, or

unreasonable burdens for people, 230

inform Council of Ministers of State agencies failing to comply with advice of Ombudsmen, 230

inform Council of Ministers re State agencies not fully complying with Duties of the State, 230

inquire re any person in trouble or not fairly treated as a result of noncompliance or excessive performance of

duties by a State agency or official, 230

refer State agency human rights violations to National Human Rights Commission, 230

Organic Act on the Ombudsman, 130, 267

referral of matters

to Administrative Court, 231

to Constitutional Court, 231

to National Human Rights Commission, 230

term of office, 229

organic laws. See also bills and laws: organic laws.

completion and approval under new constitution, 267

enumerated

Acquisition of Members of the Senate, 130, 267, 269

Criminal Procedure for Persons Holding Political Positions, 130, 195, 267

Election Commission, 130, 267

Election of Members of the House of Representatives, 130, 267

Establishment and Procedure of the Administrative Court, 231

National Human Rights Commission, 130, 246, 267

Ombudsman, 130, 267

Political Parties, 130, 267

Prevention and Suppression of Corruption, 130, 234, 235, 267

Procedure of the Constitutional Court, 130, 203, 208, 210, 213, 231, 267, 273

State Audit, 130, 240, 241, 243, 267

P

Palace Law on Succession, B.E. 2467. See Throne.

pardons

King’s prerogative, 179

peace and order


peaceful and fair society with equal opportunity




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police


reshuffle based on seniority until revision of laws, 260

policies of the State. See also duties of the State; national reform.

enumerated

administration of justice, 68

administration of State affairs at central, regional, and local levels, 76

agriculture, farmers, 72, 73

assistance to children, youth, women, elderly, disabled, impoverished and underprivileged, 71

avoid competition with private sector, 75

combating corruption and misconduct, 78

discretion of State officials to be prescribed, 77

employment, 74

empowering family institution, 71

enact only necessary laws, 77

ethical standards law for State agencies, 76

fairness in allocating the budget, 71

friendly relations with other countries, non-interference in domestic affairs, 66

human resources management of State agencies, 76

land, water resources and energy, 72

laws to permit committee systems only in case of necessity, 77

legal assistance to the impoverished and underprivileged, 68

national development, 75

organize economic system for fairness, growth, people’s self-reliance, 75

promote knowledge re democratic regime of government with the King as Head of the State, 78

promotion of human resources, 71

protection of Buddhism and other religions, 67

protection of ethnic groups, 70

repeal or improve laws which are unnecessary or incompatible with current context, 77

research and development, 69

retirement income, 74

small and medium enterprises, 75

sustainable development, 65


as goal of National Strategy, 65, 275


plan for the use of lands, 72

system of labor relations, 74

welfare, social security, 74

work safety and hygiene, 74

shall serve as directive principles of legislation and determination of policies, 64



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political candidates – suspension/revocation of rights

corruption/malfeasance/unusual wealth/ethical standard violations

permanent revocation by Supreme Court, 235

election violations

Election Commission petition to Supreme Court to revoke rights, 226

Supreme Court inquiry, 226

suspension of House member or Senator pending Supreme Court decision, 226

suspension by Election Commission, 224, 225

ten-year revocation by Supreme Court on petition of Election Commission, 226

misuse of appropriations

revocation by Constitutional Court, 144

political conflicts

national reform goals, Preamble, 258

political officials



political parties

accountability, 258

management to be transparent and accountable, 45

members and officials disqualified from Constitutional Court for ten years, 202

members disqualified from Senate, 108

members to observe election law, 45

membership as qualification for House candidate

effect of party dissolution on member in House of Representatives, 97, 101

effect of termination of party membership on member in House of Representatives, 101

minimum time, 97

merger prohibited during House term, 99


officials disqualified from Senate for five years, 108

Organic Act on Political Parties, 130, 267

party list candidates, 90

persons holding any position disqualified from being President or Vice-President of House, 116

pre-election list of Prime Minister nominees, 88, 89

right to establish, 45

shall be independent of domination or direction by non-member, 45

shall conform to principle of democratic regime of government with the King as Head of the State, 45

political positions


disqualification for House of Representatives, 98

disqualification for persons holding certain government positions, 181

exception – officials with Council of Ministers, NCPO, and National Legislative Assembly continuing in office under

new Constitution, 263

investigation by NCCC of persons holding, 234

Organic Act on Criminal Procedure for Persons Holding Political Positions, 130

persons holding as subject of national reform, 258



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politics


Prime Minister

appointment, 158

pre-election lists of political parties’ nominees, 88, 89


qualifications and prohibitions, 89

selection from political party nominee lists, 159

exception – selection from outside political party lists, 272

votes required for nomination, appointment, 159


endorsement of PM required for certain money-related bills, 133, 135

power to remove minister, 171

term limit, 158

termination of ministerial status, 167, 168, 170

Privy Council

composition of Council, selected and appointed by King, 10


drafting Palace Law Amendment, 20

duty to render advice to the King, 10

President

absence of, when appointing Regent or submitting name of Heir or Successor to the Throne, 23

appointment, removal, 11

as Regent pro tempore

in absence of Regent under Section 16 or 17, 18

pending proclamation of Heir or Successor as King, 22

when appointed Regent unable to perform duties, 18, 22

countersignature

of Royal Command appointing or removing other Privy Councilors, 11

giving notice of Palace Law amendment, 20

Privy Councilor, 11

appointment and removal at King’s pleasure, 11

as President pro tempore, 18, 23

as Regent, 23

disqualified from specified positions, 12


on vacating office, 183

oath by Councilor, 13

shall not manifest loyalty to any political party, 12


submitting name of Successor to the Throne to Council of Ministers, 21

problem in respect of the safety and security or the economy of the country

convening joint consultation of National Assembly and Council of Ministers, 155

problem in the administration of State affairs

convening joint sitting of National Assembly for general debate, 165



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Public Prosecution Organization

duties and powers acc. to law, 248


prosecutors

limitation on holding certain other positions before amending personnel administration laws, 277

prohibited conflicts of interest, 248

shall be independent, 248

public sector procurement system


public utilities

conditions on transfer of public utilities of the State to the private sector, 56

duty of the State to provide, 56

State ownership of basic public utility enterprise not to fall below 51%, 56

R

ratification

of acts recognized by interim constitutions of B.E. 2557, 279

of announcements, orders and acts of NCPO, 279

referendum

on amendment of the Constitution – when required, 256

on request of Council of Ministers, 166

Regent

appointment

by King, grounds, 16

by National Assembly, grounds, 17

approval by National Assembly, 156

oath, 19

before National Assembly, 156

Privy Council President as Regent pro tempore

in absence of Regent under Section 16 or 17, 18

pending proclamation of Heir or Successor as King, 22

when appointed Regent unable to perform duties, 18, 22

Privy Councilor as Regent, 23

right to vote

as duty of Thai people, 50

disqualifications/prohibitions, 96

also disqualifies candidate for

House of Representatives, 98

Senate, 108

outside constituency, 95

qualifications, 95

restriction of rights for failure to vote, 95

revocation of right for dishonest act in election or selection, 226



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rights and liberties, 25

as the principle of this Constitution, Preamble

enumerated

academic freedom, 34

access to public information, 41

assembly, 44

association, 42

bail, 29

censorship prohibited with exceptions, 35, 36

choice of residence, 38

communication, 36

compensation for expropriation of property, 37

consumers, consumer organizations, 46

cruel or inhumane punishment prohibited, 28

detention prohibited with exceptions, 28, 29, 36

discrimination on specified grounds prohibited, 27

dwelling – search of dwelling or private place prohibited with exceptions, 33

equal protection, 4, 27

equal rights of men and women, 27

ex post facto laws prohibited, 29

expression, 34

forced labor prohibited with exceptions, 30

health service access, 47

human dignity, right, liberty and equality, 4

immovable property, 37

life and body, 28

mass media, 35

members of the armed forces, 27

mothers, before and after delivery, 48

occupation, 40

persons over age sixty, 48

political parties, 45

presumption of innocence, 29

privacy, dignity, reputation and family, 32

property and inheritance, 37

re community welfare system, 43

re natural resources, environment, and biodiversity, 43

re wisdom, art, culture, tradition and custom, 43

religion, 31

search of the person prohibited with exceptions, 28

self-incrimination not to be forced, 29

Thai nationality – re deportation, entering Kingdom, revocation of nationality, 39

to petition State agency to act for benefit of the people or community, 43

torture prohibited, 28

travel, 38

voting, 95



Page 159

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law restricting rights – requirements, 26

prohibition on exercise of rights to overthrow democratic regime of government with the King as Head of the State, 49

remedy for violation, 25

Constitutional Court has jurisdiction, 213

voter submission of bill regarding rights and liberties, 133

Royal Decree

enumerated purposes

calling election for House of Representatives, 102

convocation, prolongation, and prorogation of National Assembly, 122

dissolution of House of Representatives, 103

election to fill vacancy in House of Representatives, 105


Royal Household, 15

selection of Senators, 107

King’s prerogative to issue, 175

Royal Household

appointment and removal of officials, organization and personnel administration, at King’s pleasure, 15

Royal Institution. See also King, Throne.

duty of the State to protect, 52

S

Section 5 joint meeting (when no Constitutional provision is applicable to a case)

binds National Assembly, Council of Ministers, Courts, Constitutional Organizations, and State organs, 5

procedure, 5

Senate. See also National Assembly.


approval of officials

Auditor General, 241

Constitutional Court judges, 204, 205

Election Commission, 222

National Counter Corruption Commission, 232

National Human Rights Commission, 246

Ombudsman, 228

State Audit Commission, 238

vote shall be secret, 120

bills submitted by House

deadline to consider, 136



decision on submitted bills

amendment by Senate, 137

approved, 137

deemed approved, 137




Page 160

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disapproved/withheld, 137

consideration of certain suspended bills in initial term of Senate, 271





composition of Senate

first term, 269

subsequent terms, 107

duties and powers re national reform, 270

interpellation of ministers, 150

members


disqualified from Council of Ministers and political positions for two years, 112

disqualified from House of Representatives, 79, 98

disqualified from re-selection, 108

ex officio Senators

member disqualifications/prohibitions not applicable, 269

specified, 269

general duty, 114

immunity from arrest or summons, 125

involvement in use of appropriations, investigation of, 144

membership commencement

first term under new Constitution, 269


membership termination, 111

complaint to Constitutional Court asserting termination, 82

oath, 115










prohibited from political party affiliation, 113

prohibited interventions

in mass media, 184

in specified government matters, 185

term, 109

motion for general debate re Council of Ministers





Page 161

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President

appointment, 116

countersignature

of Royal Command appointing judge of Constitutional Court, 204

of Royal Command convoking extraordinary session of National Assembly during absence of House, 126

of Royal Command filling Senate vacancy, 269






ex officio Vice-President of National Assembly, 80

term, 117


rules of procedure

formulation, 128


selection of Senators

candidate qualifications, 108

first term

candidate disqualifications/prohibitions under Section 108 not applicable, 269

members selected among themselves, 269

NCPO reserve list, 269

on expiration of initial Senate term, 269

selection committee appointed by NCPO, 269

Senators selected by NCPO, 269

Senators selected by Selection Committee, 269

vacancy filled from NCPO reserve list, 269

Organic Act on Acquisition of Members of the Senate, 130, 267, 269

subsequent terms (after first term)

candidate disqualifications/prohibitions, 108

members selected among themselves, 107

new selection where Election Commission finds election not honest or fair, 224, 225

on expiration of Senate term, 109, 110

vacancy filled from reserve list, 107

sitting of Senate

in absence of House, 126

when Senate performs duties of National Assembly, 126





quorum, 120

standing committees, 129

power to demand documents, summon persons to give statements, 129



Page 162

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term

first term under new Constitution, 269


Vice-President

appointment, 116




term, 117


sovereignty

protection as duty of the State, 52

sovereign power belongs to Thai people, exercised by King, 3

treaty changing territory under Thai sovereignty requires National Assembly approval, 178

State Audit Commission. See also Auditor General.

appeal from order of, 240


consideration of violation presented by Auditor General, 245

disclosure required by State agency granting money or property to mass media, 35


audit of State Funds to comply with law on fiscal discipline, 240

exempted from requirement to have office responsible for administrative affairs, operations and facilities, 220

member qualifications, 238

Organic Act on the State Audit, 130, 240, 241, 243, 267

term of office, 239

State funds

audit

by Auditor General, 242

compliance with law on fiscal discipline, 240

authorization of payment, 140

expenditure estimates, 140, 141

prepayment in case of urgent necessity, 140

subsidy to mass media prohibited, 35

State laws database


sufficiency economy philosophy

and economic system – policy of the State, 75

and national reform goals, 257

Supreme Court. See Court of Justice: Supreme Court.

sustainable development

as goal of National Strategy, 65

based on sufficiency economy – as goal of national reform, 257


plan for the use of lands – as policy of the State, 72



Page 163

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T

tax system

fairness as duty of the State, 62


Thailand

adopts a democratic regime of government with the King as Head of the State, 2

one and indivisible Kingdom, 1

protection of sovereignty and territory as duties of the State, 52

Throne

Heir to the Throne

administering oaths, 24

performing opening ceremony of National Assembly, 122

succession when appointed or not appointed, 21

Palace Law on Succession, B.E. 2467

amending, 20

acknowledgment by National Assembly of amendment, 156

governs succession to the Throne, 20

Heir appointed pursuant to, 21

proclamation of Heir or Successor as King, 21

Privy Council President as Regent pro tempore pending proclamation, 22

succession governed by Palace Law on Succession, B.E. 2467, 20

Successor to the Throne

acknowledgment or approval by National Assembly, 156

may be Princess, 21

name submitted by Privy Council, 21

vacancy, 21

when there is a Regent, 22

transmission frequencies and satellites


Council of Ministers to amend governing act, 60

treaties

King’s prerogative to conclude, 178

National Assembly approval required for treaty changing Thai territory or having immense impact on economic or

social security, trade, or investment, 178

public input, 178


U

unity and reconciliation


unusual wealth. See also corruption, malfeasance.





Page 164

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forfeiture of assets on conviction by Supreme Court, 235

NCCC investigation of judge of Constitution Court, officer in Constitutional Organization, Auditor General, or State

official, 234




V

voters. See also right to vote.

right to submit bill regarding duties of the State, 133

W

war

approval by National Assembly, 156, 177

declaration by King, 177

exception to right against censorship, 35

exception to right against forced labor, 30

waste disposal


water resources


draft constitution of the kingdom of thailand · tofc xref index draft constitution of the kingdom...

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