Draft Constitution of the Kingdom of Thailand
Constitution Drafting Committee, edition for review, 26 April 2007
Preamble
Thailand has been under the rule of democratic government with the King as head of
the state for more than 75 years, during which several constitutions were promulgated
and amended. To ensure suitability with the situation in the country and change of time
and by virtue of the provisions of the Constitution of the Kingdom of Thailand (Interim
Edition) of B.E. [Buddhist Era] 2549 on the establishment of the Constitutional Drafting
Assembly and Constitution Drafting Committee in charge of drafting a new Constitution
to direct the guidance for the administration of the country in the future, people have been
allowed to extensively express their views and opinions about the new charter. Views and
opinions of the people will be gathered for use in drafting of the new Constitution as
prescribed by the Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549.
The major objectives of the new draft Constitution are to further promote and protect
people's right and liberty, encourage people's participation in the administration of the
country, check and cross-examine the use of the state power; control the mechanisms of
the legislative and administrative branches, and keep them well-balanced and effective
under the democratic parliamentary form of administration with the King as head of the
state; support honest and impartial operations of courts and independent organizations;
and above all to emphasize the values of morality and ethics and virtuous guidance for
the administration of the country's affairs.
After the completion of the drafting of a new Constitution, the Constitution Drafting
Assembly will present the draft charter to the people and hold a referendum, the first of
its kind in the country, to allow them to vote on it.
Chapter I
General Provisions
Section 1: Thailand is one and indivisible Kingdom.
Section 2: Thailand adopts a democratic form of government with the King as head of
the state.
Section 3: Sovereign power belongs to the Thai people. The King as head of the state
shall exercise such power through the National Legislative Assembly, Council of
Ministers, courts, other constitutional organizations and state agencies in accordance with
the rule of law.
Section 4: Human dignity, rights, liberty, and equality of the people shall be protected
by provisions of this Constitution in accordance with the tradition of the democratic form
of government with the King as head of the state and international obligations, which
Thailand has endorsed.
Section 5: The Thai people, irrespective of their origin, sex, or religion shall enjoy
equal protection under the Constitution.
Section 6: The Constitution is the supreme law of the state. The provisions of any law,
rule or regulations, which are contradictory to or inconsistent with this Constitution, shall
not be enforced.
Section 7: When no provision of this Constitution is applicable to any case, it shall be
decided in accordance with traditional practices in the democratic form of government
with the King as head of the state.
Chapter II
The King
Section 8: 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 9: The King is a Buddhist and upholder of religions.
Section 10: The King holds the position of supreme leader of the Thai Armed Forces.
Section 11: The King has the prerogative power to create titles and confer decorations.
Section 12: The King selects and appoints qualified persons to become the president
of the Privy Council and not more than 18 Privy Councilors. The Privy Council has the
duty to render such advice to the King on all matters pertaining to his functions as he may
consult, and other duties provided under this Constitution.
Section 13: Selection, appointment, or removal of a Privy Councilor shall depend
entirely upon the King's pleasure.
The president of the National Assembly shall countersign the Royal Command
appointing or removing the president of the Privy Council.
The president of the Privy Council shall countersign the Royal Command appointing
or removing other Privy Councilors.
Section 14: A Privy Councilor shall not be a member of the House of Representatives,
Senator, Election Commissioner, Ombudsman, member of the National Human Rights
Commission, judge of the Constitutional Court, judge of an Administrative Court,
member of the National Counter Corruption Commission, member of the State Audit
Council, government official holding a permanent position or receiving salary, official of
a state enterprise, other state officials or holder of other position of a member or official
of a political party, and must not manifest loyalty to any political party.
Section 15: 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 also uphold and observe the Constitution of the Kingdom of Thailand in
every aspect."
Section 16: A Privy Councilor vacates office upon death, resignation, or removal by
Royal Command.
Section 17: Appointment and removal of officials of the Royal Household and of the
Royal Chief Aide-de-Camp shall depend entirely upon the King's pleasure.
Section 18: 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 Regent, and the
president of the National Assembly shall countersign the Royal Command therefore.
Section 19: In the case when the King does not appoint a Regent under Section 18, or
the King is unable to appoint a Regent owing to his not being sui juris or any other reason
whatsoever, the Privy Council shall submit the name of a person suitable to hold the
office of Regent to the National Assembly for approval. Upon approval by the National
Assembly, the president of the National Assembly shall make an announcement, in the
name of the King, to appoint such a person as Regent.
During the expiration of the term of the House of Representatives or dissolution
thereof, the Senate shall act as National Assembly in giving an approval under paragraph
one.
Section 20: While there is no Regent under Section 18 or
Section 19, the president of
the Privy Council shall be Regent pro tempore.
In the case where the Regent appointed under Section 18 or Section 19 is unable to
perform his or her duties, the president of the Privy Council shall act as Regent pro
tempore.
While being Regent under paragraph one or acting as Regent under paragraph two,
the president of the Privy Council shall not perform his or her duty as president of the
Privy Council. In such case, the Privy Council shall select a Privy Councilor to act as
president of the Privy Council pro tempore.
Section 21: Before taking office, the Regent appointed under Section 18 or Section 19
shall make a solemn declaration before the National Assembly in the following words: "I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the
King 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 aspect." During the expiration of the term of the House of Representatives or dissolution
thereof, the Senate shall act as the National Assembly under this section.
Section 22: Subject to Section 23, succession to the throne shall be in accordance
with the Palace Law on Succession, B.E. 2467.
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
already approved the draft Palace Law Amendment and put his signature thereon, the
president of the Privy Council shall notify the president of the National Assembly for
informing the National Assembly. The president of the National Assembly shall
countersign the Royal Command, and the Palace Law Amendment shall have the force of
law upon its publication in the Government Gazette.
During the expiration of the term of the House of Representatives or dissolution
thereof, the Senate shall act as the National Assembly in acknowledging the matter under
paragraph two.
Section 23: 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 acknowledgement
thereof, and the president of the National Assembly shall invite such heir to ascend the
Throne and proclaim such heir as King.
In the case where the Throne becomes vacant and the King has not appointed His heir
under paragraph one, the Privy Council shall submit the name of the successor to the
Throne under Section 22 to the Council of Ministers for further submission to the
National Assembly for approval. For this purpose, the name of a princess may be
submitted. Upon the approval of the National Assembly, the president of the National
Assembly shall invite such successor to ascend the Throne and proclaim such successor
as King.
During the expiration of the term of the House of Representatives or dissolution
thereof, the Senate shall act as the National Assembly in acknowledging the matter under
paragraph one or in giving an approval under paragraph two.
Section 24: Pending the proclamation of the name of the heir or the successor to the
Throne under Section 23, the president of the Privy Council shall be Regent pro
tempore. In the case where the Throne becomes vacant while the Regent has been
appointed under Section 18 or Section 19 or while the president of the Privy Council is
acting as Regent under Section 20 paragraph one, such Regent, as the case may be, shall
continue to be Regent until the proclamation of the name of the heir or successor to
ascend the Throne as King.
In the case where the Regent, who has been appointed and continues to be the Regent
under paragraph one, is unable to perform his or her duties, the president of the Privy
Council shall act as Regent pro tempore.
In the case where the president of the Privy Council is the Regent under paragraph
one or acts as Regent pro tempore under paragraph two, the provisions of Section 20
paragraph three shall apply.
Section 25: In the case where the Privy Council will have to perform the duties under
Section 19 or Section 23 paragraph two, or the president of the Privy Council will have to
perform his or her duties under Section 20 paragraph one or paragraph two or Section 24
paragraph two, and during that time there is no president of the Privy Council or the
president of the Privy Council is unable to perform his or her duties, the remaining Privy
Councilors shall elect one among themselves to act as president of the Privy Council or to
perform the duties under Section 20 paragraph one or paragraph two or Section 24
paragraph three, as the case may be.
Chapter III
Rights and Liberties of Thai People
Part 1
Section 26: In exercising powers of all state authorities, regard shall be given to
human dignity, rights, and liberties in accordance with the provisions of this Constitution.
Section 27: Rights and liberties recognized by this Constitution expressly, by
implication, or by decisions of the Constitutional Court shall be protected and directly
binding on the National Assembly, Council of Ministers, courts, and other state organs in
enacting, applying, and interpreting laws.
Section 28: A person can invoke human dignity or exercise his or her rights and
liberties in so far as it is not in violation of rights and liberties of other persons or
contrary to this Constitution or good morals.
A person whose rights and liberties recognized by this Constitution are violated can
invoke the provisions of this Constitution to bring lawsuit or to defend himself or herself
in the court.
A person can invoke his or her judicial right to directly compel the State to comply
with the provisions of this clause in exercising his or her rights and liberties as long as
such rights and liberties are recognized by law and this Constitution.
A person has the right to receive assistance and support from the state in exercise his
or her rights stipulated under this clause.
Section 29: Restriction of such rights and liberties as recognized by the Constitution
shall not be imposed on a person except by virtue of provisions of the law which must not
affect the essential substances of such rights and liberties.
The law under paragraph one shall be enacted as necessary for general application
and shall not be intended to apply to any particular case or person; provided that the
provision of the Constitution authorizing its enactment shall also be mentioned therein.
Provisions of paragraph one and paragraph two shall apply mutatis mutandis to rules or
regulations issued by virtue of the provisions of the law.
Part 2
Part Equality
Section 30: All persons are equal before the law and shall enjoy equal protection
under the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of the difference in origin, race,
language, sex, age, physical or health condition, personal status, economic or social
standing, religious belief, education, or constitutional political views, shall not be
permitted.
Measures determined by the state in order to eliminate obstacles to or promote
persons' ability to exercise their rights and liberties like other persons shall not be deemed
as unjust discrimination under paragraph three.
Section 31: Members of the armed forces or police force, government officials,
officials or employees of state agencies, state enterprises or local government
organizations shall enjoy the same rights and liberties under the Constitution as those
enjoyed by other persons, unless such enjoyment is restricted by law, by-law, or
regulation issued by virtue of the law specially enacted in regard to politics, efficiency,
discipline or ethics.
Part 3
People's Rights and Liberties
Section 32: A person shall enjoy the rights and liberty in his or her life and person.
Torture, brutal act, or punishment by cruel or inhuman means shall not be permitted;
provided, however, that punishment by death penalty as provided by law shall not be
deemed as punishment by cruel or inhuman means under this paragraph.
No arrest, detention, or search of person or acts affecting the rights and liberty under
paragraph one shall not be made except by virtue of the law.
In the case of the act affecting the rights and liberty under paragraph one, an affected
person, public prosecutor, or other persons acting on behalf of the affected person have
the right to seek court action to stop such an action.
Section 33: A person shall enjoy the liberty of dwelling.
A person is protected for his or her peaceful habitation and for possession of his or
her dwelling place. Entry into a dwelling place without consent of its occupants or the
search thereof shall not be made without court order or other necessities as prescribed by
law.
Section 34: A person shall enjoy the liberty of traveling and the liberty of making the
choice of his or her residence within the Kingdom.
Restriction on such liberties under paragraph one shall not be imposed except by
virtue of the law specifically enacted for maintaining the security of the state, public
order, public welfare, town and country planning, or welfare of the youth.
No person of Thai nationality shall be deported or prohibited from entering the
Kingdom.
Section 35: A person's family rights, dignity, reputation, or the right of privacy shall
be protected.
Assertion or circulation of a statement or picture in any manner whatsoever to the
public and disclosure of personal information without the consent of the information
owner, which violates or affects a person's family rights, dignity, reputation or the right of
privacy, shall not be made except in the case which is beneficial to the public.
Section 36: A person shall enjoy the liberty of communication by lawful means.
Censorship, detention or disclosure of communication between persons including any
other act disclosing a statement in communication between persons shall not be made
except by virtue of the provisions of the law specifically enacted for security of the state
or maintaining public order or good morals.
Section 37: A person shall enjoy full liberty to profess a religion, a religious sect or
creed, and observe religious precepts or exercise a form of worship in accordance with
his or her belief.
Section 38: Forced labor shall not be imposed except by virtue of the law specifically
enacted for the purpose of averting imminent public calamity or by virtue of the law
which provides for its imposition during the time when the country is in a state of war or
armed conflict, or when a state of emergency or martial law is declared.
Part 4
Justice Procedure Rights
Section 39: No person shall be inflicted with a criminal punishment unless he or she
has committed an act which the law in force at the time of commission provides to be an
offense and imposes punishment, and the punishment to be inflicted on such a person
shall not be heavier than that provided by the law in force at the time of committing the
offense. The suspect or the accused in a criminal case shall be presumed innocent. Before
the passing of a final judgment convicting a person for committing an offence, such a
person shall be not be treated as a convict.
Section 40: A person shall have the rights to justice as follows:
(1) Right to an uncomplicated, convenient, quick, thorough access to justice
procedure with an expenditure as the case may be.
(2) Basic rights in judicial process which must at least guarantee an open court
hearing; right to factual information and sufficient cross-examination of documents; right
to present facts, witness or evidence, and express his or her dissent or disagreement with
judges or arbitrators; right to require full quorum of judges or arbitrators in the hearing of
his or her case; and right to hear the clarification of court decision, judgment, or order.
(3) A person has the right to demand impartial trial of his or her case in due time and
with expenditure as the case may be.
(4) An affected person, accused person, plaintiff, defendant, and party to a case have
the right to receive proper treatment during the justice procedure which includes the right
to expeditious interrogation and the right not to give any testimony against oneself.
(5) An affected person, defendant, and witness have the right to receive due protection,
aid, emolument, and compensation from the state.
(6) Children, youths, women, and disabled persons are eligible for due protection
during judicial procedure.
Part 5
Right in Property
Section 41: The property right of a person is protected. The extent and the restriction
of such right shall be in accordance with the provisions of law. Succession is protected.
The right of succession of a person shall be in accordance with the provisions of law.
Section 42: The expropriation of immovable property shall not be made except by
virtue of the law specifically enacted for the purpose of public utilities, necessary national
defense, exploitation of national resources, town and country planning, promotion and
preservation of quality of the environment, agricultural or industrial development, land
reforms, or other public interests, and fair compensation shall be paid in due time to the
owner thereof as well as to all persons having the rights thereof, who suffer loss by such
expropriation, as provided by law.
The amount of compensation under paragraph one shall be fairly assessed with due
regard to the normal purchase prices, mode of acquisition, nature and location of the
immovable property, and loss of the person whose property or rights thereto is
expropriated.
The law on expropriation of immovable property shall specify the purpose of the
expropriation and shall clearly determine the period of time to fulfill that purpose. If the
immovable property is not used to fulfill such a purpose within such period of time, it
shall be returned to the original owner or his or her heir.
Return of immovable property to the original owner or his or her heir under paragraph
three and claim of compensation paid shall be in accordance with the provisions of the
law.
Part 6
Right and Liberty To Engage in Occupation
Section 43: A person shall enjoy the liberties to engage in an enterprise or an
occupation and to undertake fair and free competition.
Restriction on such liberties under paragraph one shall not be imposed except by
virtue of the law specifically enacted for maintaining the security and safety of the state
or economy, protecting the public in regard to public utilities, maintaining public order
and good morals, regulating engagement in an occupation, consumer protection, town
and country planning, preserving natural resources or environment, public welfare,
preventing monopoly, or eliminating unfair competition.
Section 44: A person has the right to receive guarantee for his or her work safety and
security and life security both during and after his or her working age.
Part 7
Liberty of Expression of Individuals and Media
Section 45: A person shall enjoy the liberty to express his or her opinion, make
speeches, write, print, publicize, and make expression by other means.
Restriction on liberty under paragraph one shall not be imposed except by virtue of
the provisions of law specifically enacted for the purpose of maintaining the security of
the state, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of
other persons, maintaining public order or good morals or preventing the deterioration of
the mind or health of the public.
Closure of a press house or radio or television station to deprive them of the liberty
under this Section shall not be made.
Censorship by a competent official of news and articles before their publication in a
newspaper, printed matter, or radio or television broadcasting shall not be made except
during the time when the country is in a state of war or armed conflict; provided that it
must be made by virtue of the law enacted under the provisions of paragraph two.
Owner of a newspaper or other mass media business shall be a Thai national.
No grant of money or other properties shall be given by the state as subsidies to
private newspapers or other mass media.
Section 46: Officials or employees of a private sector undertaking, newspaper or radio
or television broadcasting business shall enjoy their liberty to present news and express
their opinions under the constitutional restrictions without mandate of any state agency or
owner of such business provided that it is not contrary to their professional ethics.
Government officials, officials or employees of a state agency or state enterprise
engaging in radio or television broadcasting business enjoy the same liberties as those
enjoyed by officials or employees under paragraph one.
Any act, directly or indirectly, by a person holding a political position, official of the
state or state agencies to obstruct or interfere with the presentation of news or opinions on
public interests by persons under paragraph one and paragraph two shall be regarded as
an intentional act of abuse of authority and have no effect except in compliance with the
law and professional ethics.
Section 47: Transmission frequencies for radio and television broadcasting and radio
communication are national communication resources for public interest.
There shall be an independent regulatory body having the duty to distribute the
frequencies under paragraph one and supervise radio or television broadcasting and
telecommunication business, ensure free and fair competition, and encourage the public
to participate in management of public communication facilities.
In compliance with the provision of paragraph two, there shall be measures to prevent
the takeover or domination of the media by media operators or other persons which can
obstruct and deprive the liberty to receive information and news.
Person holding a political position is not permitted to be an owner of or own equity in
newspaper, radio and television broadcasting, and telecommunication businesses or
directly or indirectly delegate other persons to be owner or own equity in the business on
his or her behalf.
Part 8
Education Rights and Liberties
Section 48: A person shall enjoy an equal right to receive basic education for the
duration of not less than 12 years which shall be provided by the state thoroughly, up to
the quality, and without charge.
Indigent, disabled, and handicapped persons are eligible for assistance and support
from the state to enjoy equal education opportunities.
Education and vocational training provided by private organizations, educational
alternatives, self-education, and education for life shall be protected and promoted by the
state.
Section 49: A person shall enjoy academic freedom.
Education, training, learning, teaching, researching and disseminating such research
according to academic principles shall be protected; provided that it is not contrary to his
or her civic duties or good morals.
Part 9
Right To Receive Public Health and Welfare Services from State
Section 50: A person shall enjoy an equal right to receive standard public health
service, and the indigent shall have the right to receive free medical treatment from
public health centers of the state.
The public health service of the state shall be provided thoroughly and efficiently.
The state shall prevent and eradicate harmful contagious diseases among the public
without charge in a timely manner.
Section 51: Children, youth and family members shall have the right to be protected
by the state against violence and unfair treatment. They shall have the rights to survive
and receive physical, mental, and intellectual development in accordance with their
potentials and environment.
Interference or restrictions on the rights of children, youths, and family members are
prohibited except in compliance with the provisions of the law specifically enacted to
preserve family status and maximum benefit of a person or persons involved.
Children and youth with no guardian shall have the right to receive care and
education from the state.
Section 52: A person who is over 60 years of age and has insufficient income shall
have the right to receive aid from the state.
Section 53: Disabled or handicapped shall have the right to receive public benefits
and other assistance from the state.
Section 54: A homeless person with insufficient income shall have the right to receive
assistance from the state.
Part 10
Right To Receive Information and Lodge Complaints
Section 55: A person shall have the right to gain access to public information in
possession of a state agency, state enterprise or local government organization, unless the
disclosure of such information shall affect the security of the state, public safety or
interests of other persons, which shall be protected as provided by law.
Section 56: A person shall have the right to receive information, reasons, and
explanation from a state agency, state enterprise or local government organization before
permission is given for implementation of any project or activity which may affect the
quality of environment, health, and sanitary conditions, quality of life or other material of
interest to him or her or a local community and shall have the right to express his or her
opinion on such matters to agencies concerned for consideration.
The state shall hold a referendum to gather people's views and opinion before
undertaking any social, economic, political, and cultural development planning,
appropriation of immovable property, city planning, land use zoning, and issuance of
regulations which may affect the interests of the people.
Section 57: A person shall have the right to participate in the decision-making process
of state officials in performance of the administrative functions which affect or may
affect his or her rights and liberties.
Section 58: A person shall have the right to present a petition and to be informed
about the result of its consideration within the appropriate time.
Section 59: The right of a person to sue a state agency, state enterprise, local
government organization, or other state authority which is a juristic person to be liable for
any act or omission by its government official, official or employee shall be protected.
Section 60: The right of a person as consumer shall be protected. As a consumer, a
person has the right to get access to factual information and demand remedial treatment
and the right to unite to call for consumer protection.
There shall be an independent body of consumers' representatives to be in charge of
consumer protection and give advice to state agencies in the enforcement of laws and
orders on consumer protection, inspect and report on consumer protection undertakings,
and omission of duties regarding consumer protection.
Section 61: A person shall have the right to follow up the performance of duties of a
person holding a political position and a state official.
A person who, acting in good faith, provides information to inspection organs in
investigating the use of state power and performance of duties by a person holding a
political position, state agencies or officials of the state shall be protected.
Part 11
Liberty to Assemble and Association
Section 62: A person shall enjoy the liberty to assemble peacefully and without arms.
Restriction on such liberty under paragraph one shall not be imposed except by virtue
of the law specifically enacted for the case of public assembling and for securing public
convenience in the use of public places or for maintaining peace and order during the
time when the country is in a state of war or when a state of emergency or martial law is
declared.
Section 63: A person shall enjoy the liberty to unite and form an association, a union,
league, cooperative, farmers group, private organization or any other groups.
State officials and employees, like other citizens, have the right to join groups, unless
it has no impact on the administration of the country and consistency in the provision of
public services.
Restriction on rights and liberties under paragraph one and paragraph two is
prohibited except by virtue of the law specifically enacted for protecting the common
interest of the public, maintaining public order or good morals or preventing economic
monopoly.
Section 64: A person shall enjoy the liberty to unite and form a political party for the
purpose of expressing political will of the people and carrying out political activities in
fulfillment of such will through the democratic form of government with the King as
head of the state as provided in this Constitution.
Internal organization, management, and regulations of a political party shall be
consistent with the fundamental principles of the democratic form of government with the
King as head of the state.
Members of the House of Representatives who are members of a political party,
member of the Executive Committee of a political party, or member of a political party,
of not less than the number prescribed by the organic law on political parties shall, if of
the opinion that their political party's resolution or regulation on any matter is contrary to
the status and performance of duties of a member of the House of Representatives under
this Constitution or contrary to or inconsistent with fundamental principles of the
democratic form of government with the King as head of the state, have the right to refer
it to the Constitutional Court for decision thereon.
In the case where the Constitutional Court decides that such resolution or regulation
is contrary to or inconsistent with the fundamental principles of the democratic form of
government with the King as head of the state, such resolution or regulation shall lapse.
Part 12
Right to Assembly
Section 65: Persons so assembling as to be a traditional community shall have the
right to conserve or restore their customs, local knowledge, arts or good culture of their
community and of the nation and participate in management, maintenance, preservation
and exploitation of natural resources and environment in a balanced and sustainable
manner and persistently.
Section 66: The right of a person to give to the state and communities participation in
the preservation and exploitation of natural resources and biological diversity and in the
protection, promotion and preservation of the quality of environment for usual and
consistent survival in the environment which is not hazardous to his or her health and
sanitary conditions, welfare or quality of life, shall be protected.
Any project or activity which may seriously affect the quality of environment shall
not be permitted, unless its impact on the quality of environment have been studied and
evaluated and opinions of an independent organization, consisting of representatives from
private environmental organizations and from higher education institutions providing
studies in the environmental field, have been obtained prior to the operation of such
project or activity.
The right of a community to sue a state agency, state enterprise, local government
organization or other state authority as a legal entity to perform the duties as provided by
paragraph one and paragraph two shall be protected.
Part 13
Right To Protect Constitution
Section 67: No person shall exercise the rights and liberties in the Constitution to
overthrow the democratic form of government with the King as head of the state under
this Constitution or acquire power to rule the country by any means which is not in
accordance with the modes provided in this Constitution.
In case where a person or political party has committed an act under paragraph one,
the person knowing of such an act shall have the right to request the Prosecutor General
to investigate its facts and submit a motion to the Constitutional Court for ordering
cessation of such act without, however, prejudice to the institution of criminal action
against such person.
In case where the Constitutional Court makes a decision compelling the political
party to cease to commit the act under paragraph two, the Constitutional Court may order
the dissolution of such political party.
Section 68: A person shall have the right to resist peacefully any act committed for
the acquisition of power to rule the country by means which is not in accordance with the
modes provided in this Constitution.
In case where the country is in crisis, state of emergency, or a political necessity, the
Prime Minister, president of the House of Representatives, president of the Senate,
opposition leader in the House of Representatives, president of the Constitutional Court,
president of the Supreme Court, president of the Administrative Court, and heads of
independent organizations under the Constitution shall convene to find preventive
measures or solutions to the problems.
Chapter IV
Duties of Thai People
Section 69: Every person shall have the duty to uphold the nation, religion, the King,
and the democratic form of government with the King as head of the state under this
Constitution.
Section 70: Every person shall have the duty to defend the country and obey the law.
Section 71: Every person shall have the duty to exercise his or her right to vote in an
election.
A person who fails to participate in an election for voting without notifying the
appropriate cause for such failure shall lose his or her right to vote as provided by law.
Notification of the cause for failure to participate in an election and the provision of
facilities for participation shall be in accordance with the provisions of law.
Section 72: Every person shall have a duty to defend the country, serve in the armed
forces, pay taxes and duties, render assistance to the official service, receive education
and training, protect, pass on, and conserve the national arts and culture and knowledge,
and conserve natural resources and the environment as provided by law.
Section 73: A government official, official or employee of a state agency, state
enterprise or local government organization and other state officials shall have the duty to
act in compliance with the law in order to protect public interests and provide benefits
and service to the public.
In performing the duty and other acts related to the public, the persons under
paragraph one shall be politically impartial.
In case when the persons under paragraph one neglect or fail to perform the duties
under paragraph one or paragraph two, the interested person shall have the right to
request persons under paragraph one or their superiors to explain reasons and request
them to act in accordance with the provisions of paragraphs one and two.
Chapter V
Directive Principles of Fundamental State Policies
Part 1
General Provisions
Section 74: Provisions of this chapter are intended to serve as directive principles for
legislating and determining policies for the administration of state affairs.
In stating its policies to the National Assembly, the Council of Ministers which will
assume the administration of the state affairs shall clearly state to the National Assembly
the activities intended to be carried out for the administration of the state affairs in
implementation of the directive principles of fundamental state policies and shall prepare
and submit to the National Assembly an annual report on the result of the implementation,
including problems and obstacles encountered.
Section 75: The Council of Ministers shall have an annual plan for the administration
of the state affairs to illustrate the details of activities and operations in the
implementation of the directive principles of fundamental state policies.
The Council of Ministers shall have to enact laws which are necessary for the
implementation of the national administrative policies and plans.
Part 2
State Security Policy
Section 76: The state shall protect and uphold the institution of kingship and the
independence and integrity of its territories. The state shall arrange for the maintenance
of the armed forces for the protection and upholding of its independence, security of the
state, institution of kingship, national interests, and the democratic form of government
with the King as head of the state, and for national development.
Part 3
National Administrative Policy
Section 77: The state shall implement the national administrative policy as follows:
(1) The State shall take actions to secure social and economic development and
national security in a sustainable manner with the intention to uphold national interests.
(2) The State shall organize the administrative bodies at the central, regional, and
local levels and clearly stipulate their areas of authority and responsibility conducive for
the development of the country, encourage and provide financial support for provincial
governments to represent the state in the development of their respective areas, and
supervise local governments serving the interests of the people in their areas.
(3) The State shall decentralize powers to localities for the purpose of independence
and self-determination of local affairs and encourage the provinces which have the
potentials to develop large-scale administrative organizations by placing emphasis on
aspirations of the people in such provinces.
(4) The State shall concentrate on the development of quality, ethics, and morals of
state officials together with the improvement of their working pattern and methods to
ensure effectiveness of the administration in state affairs and encourage state agencies to
apply the principle of good governance.
(5) The State shall organize the working system of state agencies to ensure
expeditious, effective, transparent, and accountable public services.
(6) The State shall make arrangements for legal agencies, which have the duty to give
advise on law enforcement and enactment, to function independently to ensure that the
administration of country will be in compliance with the principle of legitimacy.
(7) The state shall thoroughly and equally provide necessary public facilities, with
charges as necessary, in accordance with the country's monetary and financial status.
(8) The state shall thoroughly and equally promote and support the development of
local economy, public facilities, and information infrastructure in all localities nationwide.
(9) The state shall prepare a political development plan, prescribe a standard of
morals and ethics for persons holding political positions and state officials, and establish
an independent council for political development in charge of monitoring and supervising
the strict implementation of operation plans.
Part 4
Religious, Social, Education, and Cultural Policies
Section 78: The state shall patronize and protect Buddhism and other religions,
promote good understanding and harmony among followers of all religions as well as
encourage the application of religious principles to promote virtues and develop quality
of life.
Section 79: The state shall implement religious, social, education, and cultural
policies as follows:
(1) The state shall protect and develop children, promote equality between men and
women, create, reinforce and develop family integrity, and provide assistance to the
elderly, indigent, disabled or handicapped, and the underprivileged for their good quality
of life and ability to depend on themselves.
(2) The state shall promote, support, and develop sustainable good health of the
people, thoroughly provide standard and efficient health service, and encourage local
governments and the private sector to participate in the provision of public health service.
(3) The state shall develop the quality and standard of education in conformity with
socioeconomic changes, support innovative learners, create and indoctrinate the correct
perception of morals and ethics, the philosophy of sufficiency economy, unity and
discipline, develop the quality of career teachers and academics, and provide duly
sufficient budget for education.
(4) The state shall encourage and support power decentralization in education to local
administrative bodies, communities, religious organizations, and the private sector to
enable them to participate in management and develop the quality of education in
compliance with the need of each locality.
(5) The state shall promote and encourage research in various sciences, propagate the
results of these research financially supported by the state, and provide access to the
people to the said information.
(6) The state shall preserve, revive, and protect arts, culture, and national traditions,
good values, and folk wisdom and promote awareness thereof.
Part 5
Legal and Justice Policies
Section 80: The state shall implement the legal and justice policies as follows:
(1) The state shall see to it that laws must be obeyed and enforced impartially,
expeditiously, thoroughly, and efficiently.
(2) The state shall protect people's rights and liberties from being violated by state
officials or other persons and equally administer justice to every people.
(3) The state shall encourage and support the people to participate in the process of
justice and provide uncomplicated, convenient, and quick access to the justice system.
(4) The state shall ensure enforcement of laws for protection of individual rights and
liberty, provide legal assistance to people, organize efficient operations of state agencies
in the justice system, and administer justice to people in an impartial and quick manner.
(5) The state shall make arrangements for establishment of an independent law reform
body to develop the country's law system and take actions to have state agencies review
the suitability and necessity of laws under their responsibility by giving consideration to
opinion of people who might be affected by the provisions of such laws.
(6) The state shall make arrangements for establishment of an independent body to
reform the criminal justice system and to study, analyze, and follow up on the operations
of agencies involved in the criminal justice system.
Part 6
Foreign Policy
Section 81: The state shall promote friendly relations and cooperation with other
countries, adopt the principle of non-discrimination, and comply with obligations with
other countries and international organizations.
The state shall promote trade, investment, and tourism with other countries and
protect and look after the interests of Thai citizens in foreign countries.
Part 7
Economic Policy
Section 82: The state shall promote and support the implementation of the Philosophy
of Sufficiency Economy.
Section 83: The state shall implement the economic policy as follows:
(1) The state shall encourage a free economic system through market forces, support
sustainable development of economy, repeal and refrain from enacting laws and
regulations which do not correspond with the economic necessity, not engage in business
activities in competing with the private sector except for the purposes of maintaining the
security of the state, public interests, and public facilities.
(2) The state shall promote the principles of ethics, morals, and good governance in
doing business.
(3) The state shall improve taxation system to ensure fairness in conformity with
socioeconomic changes.
(4) The state shall adhere to financial discipline to maintain the country's economic
stability and security.
(5) The state shall make arrangements for the mobilization of savings for people to
live on in old age.
(6) The state shall ensure and supervise free and fair competition, prevent direct and
indirect monopolies, and protect consumers.
(7) The state shall implement fair distribution of income, expand the opportunities for
people to engage in occupations, promote and support the development of folk wisdoms
for use in production of goods and services and in earning their living.
(8) The state shall promote job opportunities for people in working age, protect
women and child labor, promote labor relations and the tripartite system under which
workers have the right to elect their own representatives, arrange for social welfare
system, and apply a single standard for protection of workers to ensure equal and non-discriminated
rights and welfare benefits.
(9) The state shall protect the interests of farmers in the production and marketing
areas, secure maximum prices for agricultural products, and encourage formation of
farmer groups and encourage them to make plans for agricultural production and protect
their common interests.
(10)The state shall promote, support, and protect cooperative system or the formation
of private groups to engage in business activities.
(11)The state shall provide basic public facilities necessary for the people to live on.
(12)The state shall protect and encourage people to engage in occupations for the
development of economy and promote the formation of professional groups.
Part 8
Land, Natural Resources, and Environment Policy
Section 84: The state shall implement the land, natural resources, and environment
policy as follows:
(1) The state shall organize the system of land use in accordance with the natural
environment in each locality--technically to be applied with land and water areas
nationwide, arrange for town planning which is in harmony with the environment, and
allow people in areas affected by the implementation of this policy to participate in
decision-making process.
(2) The state shall give ownership of agricultural land to farmers through land reforms
or other methods.
(3) The state shall make effective town planning and development schemes to ensure
effective preservation and maintenance of natural resources.
(4) The state shall organize the system for the use of water resources for public
interest and find water sources for agricultural purpose.
(5) The state shall administer and manage natural resources systematically by
allowing local people, communities, and administrative bodies to participate in making
the plan.
(6) The state shall support and promote public participation in preservation,
maintenance, and exploitation of natural resources and biological diversity in a well-balanced
manner.
(7) The state shall maintain, protect, and develop natural resources in a sustainable
manner by allowing local people, communities, and administrative bodies to participate
in formulation of the operation plan.
(8) The state shall control and eliminate polluted sources which are detrimental to
people's health, sanitation, and quality of life.
Part 9
Science, Intellectual Property, and Energy Policy
Section 85: The state shall implement the Science, Intellectual Property and Energy
Policy as follows:
(1) The state shall promote development of sciences, technologies, and
innovativeness by enacting supportive laws and allocate budgets to support education,
studies, and research, and arrange for the utilization and propagation of the acquired
knowledge thereof, and duly develop manpower in this area.
(2) The state shall promote invention or innovation, preserve and develop folk
wisdoms, and protect intellectual property.
(3) The state shall propagate modern sciences and technologies and encourage the
people to apply sciences in their life.
(4) The state shall consistently and systematically promote and support research,
development, and exploitation of natural alternative energies which are friendly to
environment.
Part 10
Public Participation Policy
Section 86: The state shall implement the Public participation Policy as follows:
(1) The state shall encourage people to participate in laying down economic
development policies and plans at both local and national levels.
(2) The state shall promote and support public participation in political decision
making process and in laying down socioeconomic and political development plans and
make available to the public accurate and complete information and listen to opinion of
the people before making such plans and also provide access free of charge to
information on the results of opinion surveys and decisions of the state.
(3) The state shall support and encourage public participation by professional or other
groups in examining the use of state power at all levels and refrain from any activities
interfering with the operation of private and state media in presenting information on the
use of state power to the general public.
(4) The state shall arrange for the establishment of common standards for evaluation
for the supervision, inspection, and evaluation of the performance of local administrative
bodies, and encourage local people and communities to participate in the administration
of local affairs and evaluation of the performance of local administrative bodies.
(5) The state shall promote people's political strength, enact law to support the
establishment of people's political development funds to provide assistance for
community-related activities and activities of people's groups in all forms to publicize the
views and needs of communities.
(6) The state shall educate the people on the democratic form of government with the
King as head of the state and encourage the people to exercise their voting right.
Chapter VI
National Assembly
Part 1
General Provisions
Section 87: The National Assembly consists of the House of Representatives and the
Senate. No person can be member of the House of Representatives and Senator at the
same time.
Section 88: The president of the House of Representatives is president of the National
Assembly. The president of the Senate is Vice President of the National Assembly.
In the case where there is no president of the House of Representatives, or the
president of the House of Representatives is not present or is unable to perform his or her
duties, the president of the Senate shall act as president of the National Assembly in his
or her place.
The president of the National Assembly shall have the powers and duties as provided
in this Constitution and shall conduct the proceedings of the National Assembly at joint
sittings in accordance with the rules of procedure.
The president of the National Assembly and the person who acts as president of the
National Assembly in his or her place shall be impartial in performance of duties.
The Vice President of the National Assembly shall have the powers and duties as
provided in this Constitution and as entrusted by the president of the National Assembly.
Section 89: Members of the House of Representatives or Senators of not less than
one-tenth of the total number of existing members of each House have the right to lodge
with the president of the House of which they are members a complaint asserting that
membership of any member of such House has terminated under Section 103 (3) (4) (5)
(6) (7) (8) (9) (10) or (11) or Section 114 (3) (4) (5) (6) (7) or (8), as the case may be, and
the president of the House with whom the complaint is lodged shall refer it to the
Constitutional Court for decision as to whether the membership of such person should be
terminated.
When the Constitutional Course has taken a decision, it shall notify the president of
the House with which the complaint has been lodged under paragraph one for such
decision.
In case where the Election Commission is of the opinion that membership of any
member of the House of Representatives or Senate has terminated in accordance with the
provisions of paragraph one, it shall lodge the complaint with the president of the House
of which the person is member, and the president of House with whom the complaint has
been lodged shall refer it to the Constitutional Court for decision in accordance with the
provisions of paragraph one and paragraph two.
Section 90: Vacation of the office of a member of the House of Representatives or
Senator after the day on which his or her membership terminates or the day on which the
Constitutional Court decides that membership of any member has terminated does not
affect any act done by such member in his capacity as member including the receipt of
emolument or other remuneration by such member before he or she vacates office or the
president of the House of which such person is member has been notified of the decision
of the Constitutional Court, as the case may be, except that in the case of vacation of
office on the ground of his or her being elected in violation of the organic law on election
of members of the House of Representatives and Senators, emolument and other
remuneration received while in office shall be returned.
Part 2
House of Representatives
Section 91: The House of Representatives consists of 400 members.
In the case where the office of a member of the House of Representatives becomes
vacant for any reason and an election of a member of the House of Representatives has
not been held to fill the vacancy, the House of Representatives shall consist of the
existing members of the House.
In the case where the number of members of the House of Representatives following
a general election is less than 400 but not less than 95 percent of the total number of
members of the House of Representatives, the House of Representatives shall consist of
existing members of the House and election for missing members shall be held until the
total number of 400 is attained.
Section 92: Election of members of the House of Representatives under Section 91
shall be carried out as follows:
(1) Three hundred and twenty members of the House of Representatives shall come
from election held under constituency basis. Determination of the ratio of the number of
inhabitants to one member of the House shall be made by reference to the division of
such number of inhabitants throughout the country as evidenced in the census announced
in the year preceding the election by the number of 320 members of the House of
Representatives.
(2) Eighty members of the House of Representatives shall come through election held
under proportional basis. There shall be four electoral zones, each of which shall have
equal numbers of inhabitants and adjoining one another. Each electoral zone shall have
20 members of the House of Representatives by calculating the ratio of the number of
members of the House of Representatives from the vote ratio of the political party list
which will indicate the proportion and number of members of the House of
Representatives in accordance with regulations prescribed in organic law on election of
members of the House of Representatives and selection of Senators [sentence as
published].
Demarcation of constituencies, electoral modes, vote casting, counting, and
calculation of electoral ratio shall be done in accordance with the provisions of the
organic law on election of members of the House of Representatives and selection of
Senators.
Section 93:A person having the following qualifications has the right to vote in an
election:
(1) Thai nationality by birth;
(2) Not less than 18 years of age on 1 January of the year of election, and
(3) His or her name should appear in the house register in the electoral area for not
less than 90 days before election day.
Under Section 92 (1), a person who lives outside the area where his or her name
appears in the house register or the name appears in the house register less than 90 days
before the election day, or lives outside the Kingdom shall have the voting right in
accordance with the methods and conditions as prescribed in the organic law on election
of members of the House of Representatives and selection of Senators.
Section 94: A person under any of the following prohibitions is disfranchised on
election day:
(1) Unsound mind or mental infirmity;
(2) Buddhist priest, novice, monk, or clergy;
(3) Detained by warrant of Court or by lawful order;
(4) Suspended from exercising the right to vote.
Section 95: A person having the following qualifications has the right to be a
candidate in an election for members of the House of Representatives:
(1) Thai nationality by birth;
(2) Not less than 25 years of age on election day;
(3) Member of any and only one political party for a consecutive period of not less
than 90 days till the date of applying for candidacy in an election;
(4) Candidate for election on constituency basis shall also possess any of the
following qualifications:
(a) His or her name should appear in the house register of the province from where he
or she is contesting the election for a consecutive period of not less than one year up to
the date of applying for candidacy;
(b) Been a member of the House of Representatives in the province from where he or
she is contesting the election, member of local assembly, or local administrator of such
province;
(c) Born in the province from where he or she is contesting election;
(d) Studied in an educational institution located in the province from where he or she
is contesting the election for a consecutive period of not less than two academic years;
(e) Served in official service in the past or his or her name appears in the house
register in the province from where he or she is contesting the election for a consecutive
period of not less than two years.
(5) Possess other qualifications as prescribed in the organic law on election of
members of the House of Representatives and selection of Senators.
Section 96: A person under any of the following prohibitions shall have no right to
become a candidate for election as member of the House of Representatives:
(1) Addiction to drugs;
(2) Bankrupt at present or in the past;
(3) Disfranchised under Section 94 (1) (2) or (4);
(4) Sentenced by judge to imprisonment or detained by warrant of Court;
(5) Banned from participating in election for a period of less than five years after
being sentenced by judge to imprisonment for a term of two years or more; except for an
offence committee through negligence;
(6) Expelled, dismissed or removed from official service of a state agency or state
enterprise on charge of dishonest performance of duties or corruption;
(7) Ordered by judgment of court that his or her assets will be confiscated by the state
on charge of unusual wealthiness or unusual increase in his or her assets;
(8) Government official holding a permanent position and receiving salary, except a
political official;
(9) Member of local assembly or local administrator;
(10) Senator;
(11) Official or employee of a state agency, state enterprise or local government
organization, or other state official;
(12) Judge of Constitutional Court, Election Commissioner, Ombudsman, member of
the National Counter Corruption Commission, member the State Audit Commission, or
member of the National Human Rights Commission.
(13) Prohibited from holding a political position under Section 254;
(14) Removed from office by a resolution of the Senate under Section 265.
Section 97: A political party shall not field candidates to run for election in any
constituency exceeding the number of House of Representatives allocated for that
constituency.
Section 98: A political party shall not withdraw from election after its candidates have
applied to contest in the election.
Section 99: The term of the House of Representatives is four years.
In case of a merger of political parties, which have members in the House of
Representatives, such merger of political parties shall become effective after the
expiration of term of the House of Representatives.
Section 100: Membership of the House of Representatives commences on election
day.
Section 101: Membership of the House of Representatives terminates on:
(1) Expiry of the term or dissolution of the House of
Representatives;
(2) Death;
(3) Resignation;
(4) Disqualification under Section 95;
(5) Prohibition under Section 96 (1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13) or (14);
(6) Acting in contravention of any prohibition under Section 256 or Section 257;
(7) Resignation from membership of his or her political party or his or her political
party passes a resolution, with votes of not less than three-fourths of the joint meeting of
the Executive Committee of that political party and members of the House of
Representatives belonging to that political party, terminating his membership of the
political party. In such case, his membership shall be deemed to have been terminated
from the date of resignation or resolution of the political party, except when such member
of the House of Representatives appeals to the Constitutional Court within 30 days from
the date of the resolution of the political party raising objections that the resolution is of
such nature as specified in Section 64 paragraph three. If the Constitutional Court decides
that the said resolution is not of the nature as specified in Section 64 paragraph three, his
membership shall be deemed to have been terminated from the date of the decision of the
Constitutional Court. If the Constitutional Court decides that the said resolution is of such
nature as specified in Section 64 paragraph three, that member of the House of
Representatives may become a member of another political party within 30 days as from
the date of the decision of the Constitutional Court;
(8) Loss of membership of political party in the case where the political party of
which he is member is dissolved by an order of the Constitutional Court and he or she is
unable to become a member of another political party within 60 days from the date on
which the Constitutional Court issues its order. In such case, his or her membership shall
be deemed to have been terminated from the day following the date on which such period
of 60 days has elapsed;
(9) Senate passes a resolution under Section 265 removing him or her from office or
the Constitutional Court takes decision terminating his or her membership under Section
98. In such case, his membership shall be deemed to have been terminated as from the
date on which the Senate passes the resolution or the Constitutional Court takes the
decision, as the case may be;
(10) Remaining absent for more than one-fourth of the total number of days in a
session, the length of which is not less than 120 days without permission of the president
of the House of Representatives;
(11) Imprisoned by final judgment to a term or suspended term of imprisonment other
than an offence committed through negligence or petty offence.
Section 102: Upon expiry of the term of the House of Representatives, the King will
issue a Royal Decree calling for general election of members of the House of
Representatives and the election date must be fixed within 45 days from the date of
expiry of the term of the House of Representatives and the election day must be the same
throughout the Kingdom.
Section 103: The King has the prerogative to dissolve the House of Representatives
for new election of members of the House. Dissolution of the House of Representatives
shall be made through a Royal Decree in which the day for new general election must be
fixed within 60 days and the election date must be the same throughout the Kingdom.
Dissolution of the House of Representatives may be made only once under the same
circumstances.
Section 104: When the office of member of the House of Representatives becomes
vacant for any reason other than expiry of term or dissolution of the House of
Representatives, the following actions shall be taken:
(1) In the case of vacancy in the office of a member of the House of Representatives
elected through election on constituency basis, an election of member of the House of
Representatives to fill up the vacancy shall be held within 45 days from the date of the
vacancy unless the remainder of the term of the House of Representatives is less than 180
days.
(2) In the case of vacancy in the office of a member of the House of Representatives
elected through election on proportional basis, the president of the House of
Representatives shall by publication in the government gazette within seven days from
the date of the vacancy, elevate the person whose name in the list of that political party is
placed in the next order to replace the member of the House of Representatives.
Membership of replacing member of the House of Representatives under (1) shall
commence from the day the election to fill up the vacancy is held; while membership of
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 of the House
of Representatives in the government gazetteer. The replacing member of the House of
Representatives may serve only for the remainder of the term of the House.
Section 105: After the Council of Ministers has assumed the administration of 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 its members
holding no ministerial positions and having the largest number of members among the
political parties having members holding no ministerial positions, provided that this
number must not be less than one-fifth of the total number of members of the House of
Representatives at the time of the appointment.
In the case when no political party in the House of Representatives has the description
as prescribed under paragraph one, the leader of the political party, who receives majority
of supporting votes from members of the House who belong to the political parties
having their members holding no ministerial positions, shall be the leader of the
Opposition in the House. In case of an equality of supporting votes, it shall be decided by
lot.
The president of the House of Representatives shall countersign the Royal Command
appointing the leader of the Opposition in the House of Representatives.
The leader of the Opposition in the House of Representatives shall vacate office upon
being disqualified as specified in paragraph one or paragraph two and Section 119 shall
apply mutatis mutandis, and in such case, the King will appoint a new leader of the
Opposition in the House of Representatives to fill up the vacancy.
Part 3
Senate
Section 106: Senate shall consist of 160 members who shall be appointed by a Royal
Decree issued by the King and selected by the Senator Selection Commission.
In the case where the office of a Senator becomes vacant for any reason whatsoever
and a Senator has not yet been selected to fill the vacancy, the Senate shall consist of the
remaining Senators.
In the case where the number of Senators is less than 160 during the period of time as
prescribed in Section 107 but not less than 95 percent of the total number of Senators, the
Senate shall consist of the existing Senators. However, the selection of 160 Senators must
be completed within 180 days after the day the Election Commission has submitted the
name list under Section 107. Membership of the Senate of the selected Senators shall
serve only for the remainder of the term of the Senate.
Section 107: There shall be a Senate Selecting Commission consisting of the
president of the Constitutional Court, president of the Election Commission, president of
Ombudsmen, president of the National Counter Corruption Committee, president of the
State Audit Commission, judge of the Supreme Court of Justice entrusted by a general
meeting of the Supreme Court of Justice, and judge from the Supreme Administrative
Court entrusted by a general meeting of the Supreme Administrative Court. The
Commission shall select persons under Section 108 within 90 days after the date of
receiving the name list from the Election Commission under Section 109. The list of
nominated persons shall then be forwarded to the president of the House of
Representatives to be further submitted to the King for their royal appointment as
Senators.
In the case where the Senator Selection Commission does not exist or is unable to
perform its duty and remainder of the commissioners is less than half of the total number
of commissioners, the Senator Selection Commission shall consist of the existing
commissioners.
The president of the House of Representatives shall countersign the Royal Decree
appointing Senators.
Section 108: The Senator Selection Commission shall select Senators though the
following methods:
(1) Selecting a qualified person from candidates who have applied for selection as
Senator in each province;
(2) Selecting qualified persons from nominees proposed by various academic, state
and private organizations to fill up the total number of Senators.
Selection of senatorial nominees under paragraph one shall be made by giving
consideration to knowledge, expertise, or experience which can be beneficial to the
functioning of the Senate, individuals with knowledge in different fields, gender equality,
and opportunities for the socially underprivileged.
The criteria, methods, and conditions for the selection of Senators should be in
accordance with the provisions of the organic law on election of members of the House of
Representatives and selection of Senators.
Article 109: Election Commission shall have the duties to receive applications for the
selection of persons under Section 108 (1) and name lists of persons proposed by
organizations under Section 108 (2), examine qualifications, prohibitions, personal
records, and behavior of applicants and proposed nominees and submit their findings to
the Senatorial Selection Commission for consideration.
Article 110: A person possessing qualifications not under any of the following
prohibitions shall have the right to be considered for selection as Senators:
(1) Thai nationality by birth;
(2) Not less than 40 years of age on the day of application or nomination;
(3) Graduated with no lower than Bachelor's Degree or its equivalent;
(4) Having any of the qualifications under Section 95 (4) in case of an applicant under
Section 108 (1);
(5) Not holding any position in a political party or have held any position in a
political party or have been relieved from position of a political party for less than two
years before the date of applying for the candidacy or nomination;
(6) Not a member of the House of Representatives or his or her membership has been
terminated for not more than one year before the date of applying for the candidacy or
nomination;
(7) Not denied the right to be candidate in an election under Section 96 (1) (2) (3) (4)
(5) (6) (7) (8) (9) (11) (12) (13) or (14).
Section 111: A Senator shall not be a minister or other political official.
Section 112: Membership of the Senate commences from the date of issuance of the
Royal Decree on appointment of Senators.
The term of the Senate is six years from the date of appointment. A Senator cannot
serve for more than one consecutive term.
A Senator, whose membership terminates upon the completion of his or her tenure,
shall continue to perform his or her duties until his or her replacement is appointed by a
Royal Decree.
Section 113: After the completion of the first three years of the term of the Senate, the
Senate shall convene a meeting to draw lots to relieve half of the members of each
category of Senators from senatorial posts. Termination of senatorial membership under
this practice is considered as completion of the tenure of Senators.
Section 114: Membership of the Senate terminates upon:
(1) Expiry of the term of the Senate;
(2) Death;
(3) Resignation;
(4) Disqualification under Section 110;
(5) Prohibited under Section 111, Section 256 or Section 257;
(6) Senate passing a resolution under Section 265 removing him or her from office or
the Constitutional Court taking a decision to terminate his or her membership
under Section 89. In such case, his or her membership shall be deemed to have been
terminated from the date of the resolution of the Senate or the decision of the
Constitutional Court, as the case may be;
(7) Remaining absent for more than one-fourth of the number of days in a session the
length of which is not less than 120 days without the permission of the president of the
Senate;
(8) Imprisoned by final judgment to a term or suspended term of imprisonment,
except for an offence committed through negligence or petty offence.
Section 115: When the office of Senator becomes vacant due to causes under Section
113 or Section 114, provisions of Section 107, Section 108, and Section 109 shall be
applied to select the replacing Senator.
Section 116: In considering the selection, appointment, recommendation or approval
of a person to hold a position under the provisions of this Constitution, the Senate shall
appoint a committee for examining past records and behavior of the person nominated for
holding such position and also for gathering facts and evidence to be reported to the
Senate for further consideration.
Part 4
Provisions Applicable to Both Houses
Section 117: Members of the House of Representatives and Senators are
representatives of the Thai people, free from any form of intervention and domination,
and honestly perform their duties for the common interest of the Thai people without
conflict of interest.
Section 118: 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 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 interest of the Thai
people. I shall also uphold and observe the Constitution of the Kingdom of Thailand in
every respect."
Section 119: 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 members
of such House in accordance with its resolution.
The president and the vice presidents of the House of Representatives shall hold
office until the expiry of the term or dissolution of the House.
The president and the vice presidents of the Senate shall hold office until the day
preceding the date of election of the new president and vice presidents, which will be
held every three years.
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 expiry of the
term of office under paragraph two or paragraph three, as the case may be:
(1) Loss of membership of the House of which he is member;
(2) Resignation;
(3) Holding post of Prime Minister, Minister, or other political official;
(4) Sentenced by a judgment to imprisonment even though the case is not yet
finalized or pending punishment, except for an offence committed through negligence or
a petty offence or defamatory offence committed during their tenure.
The president and the vice presidents of the House of Representatives shall not
concurrently serve as members of executive committee of political parties or hold
positions in political parties.
Section 120: The president of the House of Representatives and the president of the
Senate shall have powers and duties to carry out the business of each House in
accordance with its rules of procedure. The vice presidents have the powers and duties as
entrusted by the president and act on behalf of the president when the president is not
present or unable to perform his duties.
The president of the House of Representatives, the president of the Senate, and
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, members of
each House shall elect one member from among themselves to preside over such sitting.
Section 121: At a sitting of the House of Representatives or Senate, presence of not
less than one-half of the total number of existing members of each House is required to
constitute a quorum, except that in the case of considering the agenda on interpellation
under Section 152 and Section 153, the House of Representatives and the Senate may
otherwise prescribe a quorum in the rules of procedure.
Resolution on any issue shall be made by majority of votes, unless it is otherwise
provided in this Constitution.
For casting vote, each member has one vote. In case of an equality of votes, the
presiding member shall have an additional vote as casting vote.
The president of the National Assembly, the president of the House of
Representatives, and the president of the Senate shall record the voting of each member
and keep the record in such a place where public entry for inspection is possible, except
in the case of voting by secret ballot.
Casting of votes to elect or give approval to a person for holding office shall be secret,
unless otherwise provided in this Constitution. Members shall have autonomy and shall
not be bound by resolutions of their political parties or any other mandate.
Section 122: The National Assembly shall, within 30 days from the date of election of
members of the House of Representatives, be summoned for the first sitting.
Each year, there shall be a general ordinary session and a legislative ordinary session.
The day on which the first sitting under paragraph one is held shall be considered as
the first day of the general ordinary session, and the first day of the legislative ordinary
session shall be fixed by the House of Representatives. In the case where the first sitting
under paragraph one has less than 150 days up to the end of a calendar year, the
legislative ordinary session may be omitted in that year.
During the legislative ordinary session, the National Assembly shall hold a sitting
only in such cases as prescribed in Chapter 2 or in cases for the consideration of bills or
organic law bills, approval of an executive decree, approval of declaration of war,
approval of a treaty, election or approval of a person for holding office, removal of a
person from office, interpellation and the amendment of the Constitution, unless the
National Assembly has passed a resolution by the votes of more than one-half of the total
number of existing members of both Houses for considering other matters.
An ordinary session of the National Assembly shall last 120 days but the King may
prolong it.
An ordinary session may be prorogued before the end of 120 days only with the
approval of the National Assembly.
Section 123: The King convokes the National Assembly, opens, and prorogues its
session.
The King may be present to perform the opening ceremony of the first general
ordinary session under Section 122 paragraph one or may command the Heir to the
Throne, who is sui juris, or any person to perform the ceremony as His Representative.
When it is necessary in the interests of the state, the King may convoke an
extraordinary session of the National Assembly.
Under the provisions of Section 124, a Royal Decree is required to convoke, prolong,
and prorogue a National Assembly session.
Section 124: Members of both Houses or members of the House of Representatives of
not less than one-third of the total number of existing members of both Houses have the
right to present their petition to the King for issuance of a Royal Command convoking an
extraordinary session of the National Assembly.
The petition referred to in paragraph one shall be lodged with the president of the
National Assembly.
The president of the National Assembly shall present the petition to the King and
countersign the Royal Command.
Section 125: At a sitting of the House of Representatives or Senate or at a joint sitting
of the National Assembly, words expressed in giving statements of fact or opinion 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.
Privilege under paragraph one does not extend to a member who expresses words at a
sitting, which is broadcast through radio or television, if such words appear out of the
precinct of the National Assembly and expression of such words constitutes a criminal
offence or wrongful act against any other person, who is not a Minister or member of that
House.
In the case of paragraph two, if 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 procedure and within such period of time as prescribed in the rules of the procedure
of that House, without prejudice to the person's right to bring the case before the Court.
Privilege provided in Section 157 extends to printers and publishers of the minutes of
sittings in accordance with the rules of procedure of the House of Representatives, the
Senate or the National Assembly, as the case may be, and to persons permitted by the
presiding member to give statements of fact or opinion at such sittings as well as to
persons who broadcasts the sitting through radio or television with the permission of the
president of such House, mutatis mutandis.
Section 126: No member of the House of Representatives or Senator shall, during a
session, be arrested, detained or summoned by warrant of inquiry as suspect in a criminal
case unless permission of the House of which he is a member is obtained or he is arrested
in flagrante delicto.
In the case where a member of the House of Representatives or Senator has been
arrested in flagrante delicto, it shall be forthwith reported to the president of the House of
which he or she is member and the president may order the release of the person arrested.
In the case where a criminal charge is brought against a member of the House of
Representatives or Senator, whether the House is in session or not, the court shall not try
the case during a session, unless permission of the House of which he is a member is
obtained or it is a case concerning the organic law on election of members of the House
of Representatives and Senators, the organic law on Election Commission or the organic
law on political parties; provided that the trial of the Court shall not hinder such member
from attending the sitting of the House.
Trial and adjudication of the Court conducted before it is invoked that the accused is a
member of either House are valid.
If a member of the House of Representatives or Senator is detained during the inquiry
or trial before the beginning of a session, when the session begins, the inquiry official or
the Court, as the case may be, must order his or her release as soon as the president of the
House of which he is a member has so requested.
The order of release under paragraph one shall be effective from the date of such
order until the last day of the session.
Section 127: During the expiration of the term or dissolution of the House of
Representatives, the Senate shall not hold its sitting except in the following cases:
(1) Sitting at which the Senate shall act as the National Assembly under Section 19,
Section 21, Section 22, Section 23 and Section 223, and the votes taken shall be based on
the number of Senators;
(2) Sitting at which the Senator shall elect, appoint, recommend or give approval to a
person for holding any office in accordance with the provisions of this Constitution;
(3) Sitting at which the Senate shall consider and pass a resolution removing a person
from office.
Section 128: A sitting of the House of Representatives and the Senate and a joint
sitting of the National Assembly are public under the conditions stipulated in the rules of
procedure of each House. Nevertheless a sitting in camera shall be held at the request of
the Council of Ministers or members of not less than one-fourth of the total number of
existing members of each House or of both Houses, as the case may be.
Section 129: The House of Representatives and Senate have the power to make the
rules of procedure governing the election and performance of duties of the president, vice
presidents, matters or activities which are within the powers and duties of each standing
committee, performance and quorum of committees, sittings, submission and
consideration of bills and organic law bills, submission of motions, consultation, debate,
passing of resolution, recording and disclosure of the passing of resolution, interpellation,
general debate, observation of the rules and orders, codes of ethics of members and
committee members, and other matters for execution of this Constitution.
Section 130: The House of Representatives and Senate have the power to select and
appoint members of each House to constitute a standing committee and have the power to
select and appoint persons, being or not being its members, to constitute an ad hoc
committee in order to perform any act, inquire into or study any matter within the powers
and duties of the House and report its findings to the House. The resolution appointing
such ad hoc committee must specify the activity or the matter concerned clearly and
without repetition or duplication.
The committee under paragraph one has the power to demand documents from any
person or summon any person to give statements of fact or opinions on the act or the
matter under its inquiry or study.
In the case where the person under paragraph two is a government official, official or
employee of state agency, state enterprise or local government organization, the
chairperson of the committee shall notify the Minister who supervises and controls the
agency to which such person is attached in order to instruct him to act as prescribed in
paragraph two, except that, in the case of security or benefit of importance to the State, it
shall be deemed as a ground for exemption to the compliance with paragraph two.
The privileges provided in Section 125 shall also extend to persons performing their
duties under this section.
The number of members of a standing committee appointed solely from members of
the House of Representatives shall be in proportion to or in close proportion to the
number of members of the House of Representatives of each political party or group of
political parties in the House of Representatives.
In the absence of rules of procedure of the House of Representatives under Section
129, the president of the House of Representatives shall determine the proportion under
paragraph five.
Part 5
Joint Sittings of National Assembly
Section 131: The National Assembly shall hold a joint sitting in the following cases:
(1) Approval of appointment of the Regent under Section 19;
(2) Making of a solemn declaration by the Regent before the
National Assembly under Section 21;
(3) Acknowledgment of an amendment of the Palace Law on
Succession, B.E. 2467 under Section 22;
(4) Acknowledgment or approval of the succession to the Throne under Section 23;
(5) Passing of a resolution for consideration by the National
Assembly of other matters during a legislative ordinary session under Section 122;
(6) Approval of prorogation of a session under Section 122;
(7) Opening of the session of the National Assembly under Section
123;
(8) Formulating the rules of procedure of the National Assembly
under Section 132;
(9) Approval of the further consideration of a bill or an organic law
bill under Section 141;
(10) Holding of consultations on a bill or an organic law bill under Section 147;
(11) Approval of further consideration of a Constitution Amendment, a bill or an
organic law bill under Section 149 paragraph two;
(12) Announcement of policies under Section 172;
(13) Holding of a general debate under Section 175;
(14) Approval of the declaration of war under Section 185;
(15) Approval of a treaty under Section 186;
(16) Amendment of the Constitution under Section 282.
Section 132: 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 have not yet been issued, the
rules of procedure of the House of Representatives shall apply mutatis mutandis.
Part 6
Enactment of Organic Laws
Section 133: The following organic law bills shall be enacted only with the
recommendation from and consent of the National Assembly:
(1) The Organic Law on the Election of Members of the House of Representatives
and Selection of Senator;
(2) The Organic Law on Election;
(3) The Organic Law on Political parties;
(4) The Organic Law on Referendum;
(5) The Organic Law on the Procedure of the Constitutional Court;
(6) The Organic Law on the Criminal Procedure for persons holding political
positions;
(7) The Organic Law on Ombudsmen;
(8) The Organic Law on the Prevention and Suppression of Corrupt Practices
(9) The Organic Law on State Audit.
Section 134: An organic law bill shall be introduced only by:
(1) Not less that one-fifth of the total number of members of the House of
Representatives or not less than one-fifth of the total number of members of the two
Houses, or;
(2) The Constitutional Court, Supreme Court or independent bodies established by the
provision of this Constitution which are in charge of the enforcement of the organic law
bills.
Section 135: The deliberation of an organic law bill shall be made in three readings as
follows:
(1) Voting, to be decided by a majority of votes in each House, to accept in principle
in the first reading, and deliberating section by section in the second reading.
(2) In the third reading, an organic law bill shall be approved for enactment by one-half
of the total number of members of the two Houses.
The provisions of Chapter 6, Part 7, shall be applied for the enactment of an organic
law bill mutatis mutandis.
Section 136: With approval from the National Assembly and prior to the Royal
endorsement, the Constitutional Court shall examine the content of an organic law within
30 day after receiving the bill.
If the Constitutional Court considers the content of the organic law bill to contradict
or to be inconsistent with the provisions of the Constitution, such an organic law bill shall
lapse.
Part 7
Enactment of Law
Section 137: The enactment of law shall be made only by recommendation from and
with the consent of the National Assembly.
Section 138: Subject to the provisions of Section 143, an organic law bill shall be
introduced only by:
(1) Council of Ministers;
(2) Not less than 20 members of the House of Representatives;
(3) Courts or independent bodies as prescribed in the Constitution in connection with
the organic law bills on the formation of bodies or the bills to be enforced by such bodies;
or
(4) Not less than 20,000 eligible voters who give their signatures to petition for the
enactment of a law under Section 159.
In the case where the bills introduced under (2) (3) or (4) are money bills, prior
recommendation from the prime minister is required for their submission to the House of
Representatives.
The proposed organic law bills under paragraph 1 shall include the analysis and
summarized content of such bills.
The bills submitted to the National Assembly shall be revealed to the general public
with convenient access to the information on their content.
Section 139: A money bill means 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 state funds, or transfer of expenditure
estimates of the state;
(3) the raising of loans, or guarantee or redemption of loans or activities which have
binding on state property;
(4) currency.
In case of doubt as to whether a bill or an organic law bill is a money bill requires the
endorsement of the prime minister or not, it shall be the power of a joint sitting of the
president of the House of Representatives and presidents of all its standing committees to
make a decision thereon.
The president of the House of Representatives shall hold a joint sitting to consider the
case under paragraph 4 within 15 days from the date when such a case occurs.
The resolution of the joint sitting under paragraph 4 shall be decided by a majority of
votes. In case of an equality of votes, the president of the House of Representatives shall
have an additional vote as a casting vote.
Section 140: In the case where a non-money bill proposed by members of the House
of Representatives is revised and amended during the reading to be accepted in principle,
and the president of the House of Representatives is of opinion that the revision and
amendment of such bill have caused it to become a money [bill], the president of the
House of Representatives shall suspend the reading and within 15 days after the
occurrence of the case refer the bill to a joint sitting of the president of the House of
Representatives and chairpersons of the House ad hoc committees for further deliberation.
In the case where the joint sitting under paragraph 1 reaffirms that the bill is a money
bill, the president of the House of Representatives shall submit the bill to the prime
minister for his endorsement. If the prime minister refuses to endorse it, the House of
Representatives shall amend the bill to make it a money bill.
Section 141: When a bill which has been specified by the Council of Ministers, in its
policies stated to the National Assembly under Section 172, as necessary for the
administration of state affairs or when any organic law bill is not approved by a
resolution of the House of Representatives and the votes disapproving it are less than
one-half of the total number of the existing members of the House, the Council of
Ministers may request the National Assembly to hold a joint sitting to pass a resolution
on another occasion. If it is approved, the National Assembly shall appoint persons, being
or not being its members, in such an equal number as proposed by the Council of
Ministers, to constitute a joint committee of the National Assembly for considering such a
bill or organic law bill, and the joint committee of the National Assembly shall prepare a
report thereon and submit the bill or organic law bill which it has already considered to
the National Assembly. If such a bill or organic law bill is approved by the National
Assembly, further proceedings under Section 146 shall be taken. If it is not approved,
such a bill or organic law bill shall lapse.
Section 142: Subject to Section 164, when the House of Representatives has
considered a bill or an organic law bill submitted under Section 138 and resolved to
approve it, the House of Representatives shall submit such a bill or organic law bill to the
Senate. The Senate must finish the consideration of such a bill or organic law bill within
60 days; but if it is a money bill, the consideration thereof must be finished within 30
days; provided that the Senate may, as a special case, resolve to extend the period for not
more than 30 days. The said period shall mean the period during a session and shall be
counted from the day on which such a bill or organic law bill reaches the Senate.
The period referred to in paragraph 1 shall not include the period during which the
bill or organic law bill is under the consideration of the Constitutional Court under
Section 145.
If the Senate has not finished the consideration of the bill or the organic law bill
within the period referred to in paragraph 1, it shall be deemed that the Senate has
approved it.
In the case where the House of Representatives submits a money bill to the Senate,
the president of the House of Representatives shall also notify the Senate that the bill or
the organic law bill so submitted is a money bill. The notification of the president of the
House of Representatives shall be deemed final.
In the case where the president of the House of Representatives does not notify the
Senate that the bill or the organic law bill is a money bill, such a bill shall not be deemed
a money bill.
Section 143: Subject to Section 164, after the Senate has finished the consideration of
a bill or an organic law bill,
(1) if it agrees with the House of Representatives, further proceedings under Section
146 shall be taken;
(2) if it disagrees with the House of Representatives, such a bill or organic law bill
shall be withheld and returned to the House of Representatives;
(3) if there is an amendment, the amended bill or the amended organic law bill shall
be returned to the House of Representatives. If the House of Representatives approves
such an amendment, further proceedings under Section 146 shall be taken. In other cases,
each House shall appoint persons, being or not being its members, in such an equal
number as may be fixed by the House of Representatives, to constitute a joint committee
for considering the bill or the organic law bill, and the joint committee shall prepare a
report thereon and submit the bill or the organic law bill which it has already considered
to both Houses. If both Houses approve the bill or the organic law bill already considered
by the joint committee, further proceedings under Section 146 shall be taken. If either
House disapproves it, the bill or the organic law bill shall be withheld.
The joint committee has the power to demand documents from any person or
summon any person to give statements of fact or opinions in respect of the consideration
of the bill or the organic law bill and the privileges provided in Section 125 shall also be
extended to the person performing his duties under this Section.
At a meeting of the joint committee, the presence of the members of the joint
committee appointed by both Houses of not less than one-half of the total number of its
members is required to constitute a quorum and the provisions of Section 132 shall apply
mutatis mutandis.
If the Senate does not return the bill back to the House of Representatives within the
period specified under Section 142, it shall be deemed that the Senate has approved it.
Section 144: A bill or an organic law bill withheld under Section 143 may be
reconsidered by the House of Representatives only after the lapse of 180 days as from the
date the bill or the organic law bill is returned to the House of Representatives by the
Senate in case it is withheld under Section 143 (2) and as from the date either House
disapproves it in case it is withheld under Section 143 (3). In such cases, if the House of
Representatives resolves to reaffirm the original bill or the bill considered by the joint
committee by votes of more than one-half of the total number of the existing members of
the House of Representatives, such a bill or organic law bill shall be deemed to have been
approved by the National Assembly and further proceedings under Section 146 shall be
taken.
If the bill or the organic law bill withheld is a money bill, the House of
Representatives may forthwith proceed to reconsider it. In such a case, if the House of
Representatives resolves to reaffirm the original bill or the bill considered by the joint
committee by the votes of more than one-half of the total number of the existing
members of the House of Representatives, such a bill or organic law bill shall be deemed
to have been approved by the National Assembly and further proceedings under Section
146 shall be taken.
Section 145: While a bill or an organic law bill is being withheld under Section 175,
the Council of Ministers or members of the House of Representatives may not introduce a
bill or an organic law bill having the same or similar principle as that of the bill or the
organic law bill so withheld.
In the case where the House of Representatives or the Senate is of the opinion that the
bill or the organic law bill so introduced or referred to for consideration has the same or
similar principle as that of the bill or the organic law bill being withheld, the president of
the House of Representatives or the president of the Senate shall refer the said bill or
organic law bill to the Constitutional Court for a decision. If the Constitutional Court
decides that it is a bill or an organic law bill having the same or similar principle as that
of the bill or the organic law bill so withheld, such bill or organic law bill shall lapse.
Section 146: A bill or an organic law bill approved by the National Assembly shall be
sent to the prime minister for submission within 20 days after having received it from the
National Assembly for royal endorsement. Such a bill or organic law bill becomes law
after it is published in the Government Gazette.
Section 147: If the king refuses to give his assent to a bill or an organic law bill and
either returns it to the National Assembly or does not return it within 90 days, the
National Assembly must re-deliberate such a bill. If the National Assembly resolves to
reaffirm the bill with the votes of not less than two-thirds of the total number of existing
members of both Houses, the prime minister shall present such a bill to the king for his
signature once again. If the king does not sign and returns the bill within 30 days, the
prime minister shall cause the bill to be promulgated as an Act in the Government
Gazette as if the king had signed it.
Section 148: In considering a bill the substance of which is decided by the president
of the House of Representatives to be concerned with children, women, the elderly, the
disabled or handicapped, if the House of Representatives does not consider it by its full
committee, the House of Representatives shall appoint an ad hoc committee consisting of
representatives, from private organizations concerned with the respective types of persons,
of not less than one-third of the total number of members of the committee.
Section 149: In the case where the term of the House of Representatives expires or
the House of Representatives is dissolved, the draft Constitution Amendment, or all bills
or organic law bills to which the king has refused his assent or which have not been
returned by the king within 90 days, shall lapse.
In the case where the term of the House of Representatives expires or where the
House of Representatives is dissolved, the National Assembly, the House of
Representatives or the Senate, as the case may be, may, after a general election of
members of the House of Representatives, continue the consideration of the draft
Constitution Amendment, the bill or the organic law bill which has not yet been approved
by the National Assembly if the Council of Ministers which is newly appointed after the
general election so requests within 60 days as from the first sitting day of the National
Assembly after the general election and the National Assembly approves it. If the Council
of Ministers does not so request within such a period of time, such a draft Constitution
Amendment, bill or organic law bill shall lapse.
The further consideration of the draft Constitution Amendment, the bill or the organic
law bill under paragraph 2 shall be in accordance with the rules of procedure of the
National Assembly.
Part 8
Control of Laws Which Are Contrary To or Inconsistent With Constitution
Section 150: After any bill or organic law bill has been approved by the National
Assembly under Section 93 or has been reaffirmed by the National Assembly under
Section 146, or has been reaffirmed the National Assembly under Section 147, before the
prime minister presents it to the king for signature:
(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 provisions of the said bill are contrary to or inconsistent with this
Constitution or such bill is enacted contrary to the provisions of this Constitution, they
shall submit their opinion to the president of the House of Representatives, the president
of the Senate or the president of the National Assembly, as the case may be, and the
president of the House receiving such opinion shall then refer it to the Constitutional
Court for a decision and, without delay, inform the prime minister thereof;
(2) if the prime minister is of the opinion that the provisions of the said bill or organic
law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to
the provisions of this Constitution, the prime minister shall refer such opinion to the
Constitutional Court for a decision and, without delay, inform the president of the House
of Representatives and the president of the Senate thereof.
During the consideration of the Constitutional Court, the prime minister shall suspend
the proceedings in respect of the promulgation of the bill or organic law bill until the
Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill or organic law bill
are contrary to or inconsistent with this Constitution or it is enacted contrary to the
provisions of this Constitution and that such provisions of the bill or organic law bill
form the essential element thereof, such a bill or organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill or organic law bill
are contrary to or inconsistent with this Constitution otherwise than in the case specified
in paragraph three, such conflicting or inconsistent provisions shall lapse and the prime
minister shall proceed further in accordance with Section 146 or Section 147, as the case may be.
Section 151: The provisions of Section 262 (2) shall apply mutatis mutandis to the
draft rules of procedure of the House of Representatives, draft rules of procedure of the
Senate and draft rules of procedure of the National Assembl
