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 Assembly which have already been
approved by the House of Representatives, the Senate or the National Assembly, as the
case may be, but remain unpublished in the Government Gazette.
Part 9
Control of Administration of State Affairs
Section 152: Every member of the House of Representatives or senator has the right
to interpellate a minister on any matter within the scope of his or her authority, but the
minister has the right to refuse to answer it if the Council of Ministers is of the opinion
that the matter should not yet be disclosed on the grounds of safety or vital interests of
the state.
Section 153: In the administration of the State affairs on any matter which involves an
important problem of public concern, affects national or public interest, or requires
urgency, a member of the House of Representatives may notify the president of the House
of Representatives in writing prior to the commencement of the sitting of the day, that
they will interpellate the prime minister or the minister responsible for the administration
of state affairs on that matter without specifying the question, and the president of the
House of Representatives shall place such matter on the agenda of the meeting of that day.
The interpellation and the answer to the interpellation under paragraph 1 may be
made once a week, and a verbal interpellation by a member of the House of
Representatives on a matter involving the administration of the State affairs may be made
not exceeding three times on each matter in accordance with the rules of procedure of the
House of Representatives.
Section 154: Members of the House of Representatives of not less than one-fourth of
the total number of the existing members of the House have the right to submit a motion
for a general debate for the purpose of passing a vote of no-confidence on the prime
minister. Such motion must nominate a suitable next prime minister who is also a person
under Section 167 paragraph 2 and, when the motion has been submitted, the dissolution
of the House of Representatives shall not be permitted, except that the motion is
withdrawn or the resolution is passed without being supported by the vote in accordance
with paragraph 3.
In the submission of the motion for a general debate under paragraph 1, if it is
concerned with the behavior of the prime minister, which involves circumstances of
unusual wealth, exhibits a sign of malfeasance in office or intentionally violates the
provisions of the Constitution or law, it shall not be submitted without the petition under
Section 262 having been presented. Upon the submission of the petition under Section
262, it may then proceed with without waiting for the outcome of the proceedings under
Section 168.
If the general debate is concluded with a resolution not to pass over the agenda of the
general debate, the House of Representatives shall pass a vote of confidence or no confidence.
Voting in such a case shall not take place on the date of the conclusion of the
debate. The vote of no-confidence must be passed by more than one-half of the total
number of the existing members of the House of Representatives.
In the case where a vote of no-confidence is passed by not more than one-half of the
total number of the existing members of the House of Representatives, the members of
the House of Representatives who submit the motion for the general debate shall no
longer have the right to submit another motion for a general debate for the purpose of
passing a vote of no-confidence on the prime ministers throughout the session.
In the case where a vote of no-confidence is passed by more than one-half of the total
number of the existing members of the House of Representatives, the president of the
House of Representatives shall submit the name of the person nominated under paragraph
1 to the king for further appointment and Section 168 shall not apply.
Section 155: Members of the House of Representatives of not less than one-fifth of
the total number of the existing members of the House of Representatives have the right
to submit a motion for a general debate for the purpose of passing a vote of no confidence
on an individual minister, and the provisions of Section 154 paragraph 2,
paragraph 3 and paragraph 4 shall apply mutatis mutandis.
Section 156: In the case where the number of members of the House of
Representatives are not members of political parties to which ministers belong is
insufficient to submit a motion for the purpose of passing a vote of no-confidence under
Section 154 or Section 155, the said members of the House of Representatives shall have
the right to submit a motion for the purpose of passing a vote of no-confidence on the
prime minister or an individual minister under Section 154 or Section 155 after the
Council of Ministers has been in office for more than two years.
Section 157: Senators of not less than three-fifths of the total number of the existing
members of the Senate have the right to submit a motion for a general debate in the
Senate for the purpose of requesting the Council of Ministers to give statements of fact or
explain important problems in connection with the administration of the State affairs
without a resolution to be passed.
The motion for the general debate under this section may be submitted only once in
each session.
Section 158: In a sitting of the House of Representatives or the Senate during which
an interpellation is raised concerning the performance of duties of ministers or in the case
of a general debate of no-confidence on the prime minister or individual ministers is held,
the prime minister or minister under the censure debate shall have the duty to answer
such an interpellation in person, except they are prevented from attending such sitting by
necessities, for which they must notify the president of the House of Representatives and
president of the Senate in advance of or on the day of such sitting.
Members of the House of Representatives are free from resolutions adopted by
political parties in raising an interpellation, engaging in a debate, and voting in a no-confidence
debate.
Section 158: In a sitting of the House of Representatives or the Senate during which
an interpellation is raised concerning the carrying out of duties by ministers or in the case
of a general debate of no-confidence in the prime minister or individual ministers is held,
the prime minister or minister under the censure debate shall have the duty to answer
such an interpellation in person, except if they are unavoidably prevented from attending
such a sitting, for which they must notify the President of the House of Representatives
and the president of the Senate in advance or on the day of such sitting.
Members of the House of Representatives are free from resolutions adopted by
political parties in raising an interpellation, engaging in a debate, and voting in a no-confidence
debate.
Chapter VII
People's Direct Political Participation
Section 159: Persons having the right to vote, numbering not less than 20,000 in total,
shall have the right to submit a petition to the president of the National Assembly to
consider such law as prescribed in Chapter 3 and Chapter 5 of this Constitution.
A bill must be attached to the petition referred to in paragraph one.
The rules and procedure for the petition and the examination thereof shall be in
accordance with the provisions of the law.
Section 160: Persons having the right to vote, numbering not less than 20,000 in total,
shall have the right to lodge with the president of the Senate a complaint in order to
request the Senate to pass a resolution under Section 265 removing persons under Section
261 from office.
The request under paragraph one shall clearly itemize circumstances in which such
persons have allegedly committed the act.
The rules and procedure for the petition and the examination thereof shall be in
accordance with the provisions of the Organic Law on the Prevention and Suppression of
Corrupt Practices.
Section 161: People who have the electoral right have the right to vote in a
referendum.
A referendum shall be held under the following conditions:
(1) In a case where the Council of Ministers holds that an issue may affect the
national or public interests, the prime minister, with the approval of the Council of
Ministers, may consult the president of the House of Representatives and the president of
the Senate for the purpose of publishing a call for a referendum in the Government
Gazette.
(2) A referendum is held in compliance with the provisions of law.
A referendum under (1) or (2) shall be for the purpose resolving issues by a majority
vote or providing advice for the Council of Ministers, unless held under the provisions of
a specific law.
A referendum shall be for the purpose of public consultation to determine whether an
important issue, which is not an issue that is contrary to or inconsistent with this
Constitution, will be approved or not. A referendum shall not be held on an issue
specifically relating to any individual or group of persons.
The State shall provide adequate information for voters to make a decision and equal
opportunities for them to express their opinions.
The criteria and methods for a referendum shall be in accordance with the provisions
of the Organic Law on a Referendum, which must at least spell out the details of the
methods, period, and number of voters required to resolve the issue.
Chapter VIII
Currency, Finance, and Budget
Section 162: The expenditure estimates of the State shall be made in the form of an
Act. If the Annual Appropriations Act for the following fiscal year is not enacted in time,
the law on annual appropriations for the preceding fiscal year shall apply for the
intervening period.
Section 163: A draft annual appropriations bill shall contain the details of the
estimated revenues, objectives and plans of actions and projects
Section 164. The House of Representatives must finish the consideration of an annual
appropriations bill, a supplementary appropriations bill, and the transfer of an
appropriations bill within one hundred and five days from the date the bill reaches the
House of Representatives.
If the House of Representatives has not finished reviewing the bill within the period
referred to in paragraph one, such a bill shall be deemed to have been approved by the
House of Representatives and shall be submitted to the Senate.
In the review by the Senate, the Senate must approve or reject it without any
amendment within twenty days from the date the bill reaches the Senate. Upon the lapse
of such period, such bill shall be deemed to have been approved; in such case and in the
case where the Senate approves it, further proceedings under Section 146 shall be taken.
If the Senate rejects the bill, the provisions of Section 144 paragraph two shall apply
mutatis mutandis.
In the review of the annual appropriations bill, the supplementary appropriations bill,
and the transfer of the appropriations bill, a member of the House of Representatives
shall not submit a motion adding any item or amount to the bill but may submit a motion
reducing or abridging expenditures that are not expenditures according to any of the
following obligations:
(1) money for payment of the principal of a loan;
(2) interest on a loan;
(3) money payable in accordance with the law.
In the review by the House of Representatives or a committee, any proposal,
submission of a motion, or commission of an act that results in the direct or indirect
involvement of members of the House of Representatives, senators, or members of a
committee in the use of the appropriations shall not be permitted.
In a case where members of the House of Representatives or senators numbering not
less than one-tenth of the total number of existing members in each House, hold that a
violation of the provisions of paragraph six has occurred, they shall refer it to the
Constitutional Court for its decision, and the Constitutional Court shall decide on it
within seven days from the date of receipt. In a case where the Constitutional Court
decides that a violation of the provisions of paragraph six has occurred, such a proposal,
submission of a motion, or commission of an act shall be ineffective.
The State shall allocate adequate budgets for the independent administration of the
National Assembly, the Constitutional Court, the Courts of Justice, the Administrative
Courts, the Election Commission, Ombudsmen, the National Counter Corruption
Commission, the State Audit Commission, and the National Human Rights Commission.
The National Assembly, courts, and agencies under paragraph eight may submit a
motion directly to the commission if in their opinion their budgets are insufficient.
Section 165: The payment of State funds shall be made only when it has been
authorized by the law on appropriations, the law on budgetary procedure, the law on the
transfer of appropriations, or the law on treasury balance, except that it may be prepaid in
a case of urgent necessity under the rules and procedures provided by the law. In such
case, the expenditure estimates for reimbursement must be set aside in the Transfer of
Appropriations Act, the Supplementary Appropriations Act, or the Annual Appropriations
Act for the following fiscal year. The sources of revenues for use in the reimbursement
for the prepaid expenditure shall be specified.
In the event that the country is at war or under a state of emergency, the Council of
Ministers has the power to transfer or use the budgets allocated for other State agencies or
State enterprises to finance activities not stipulated in the annual appropriations act and
shall report its action to the National Assembly without delay.
Section 166: A State agency the revenue of which is not required to be sent to the
state coffers, shall prepare its own balance sheet of income and expenditure and submit it
to the Council of Ministers at the end of every fiscal year for further reporting to the
House of Representatives and the Senate.
Chapter IX
Council of Ministers
Article 167: The King appoints the prime minister and not more than thirty-five other
ministers to constitute the Council of Ministers, which is responsible for carrying out the
administration of State affairs on the principle of joint responsibility.
The prime minister shall be a member of the House of Representatives, being elected
under the provisions of Section 168.
The president of the House of Representatives shall countersign the Royal Decree
appointing the prime minister.
The prime minister shall not serve more than two consecutive terms or eight years,
whichever period is longer.
Section 168: The House of Representatives shall complete its consideration and
approval of a person suitable to be appointed as prime minister within thirty days from
the day the National Assembly is convoked for the first sitting under Section 122.
The nomination of a person who is suitable to be appointed as prime minister under
paragraph one shall be endorsed by members of the House of Representatives numbering
not less than one-fifth of the total number of existing members in the House.
The resolution of the House of Representatives approving the appointment of a
person as prime minister shall be passed by the votes of more than one-half of the total
number of existing members of the House of Representatives.
The passing of the resolution in such a case shall be by open vote.
Section 169: In a case where the period of thirty days from the date the National
Assembly is convoked for the first sitting of its members has elapsed, and no one has
been approved for appointment as prime minister under Section 168 paragraph three, the
president of the House of Representatives shall, within fifteen days from the lapse of such
a period, submit a request to the King for the issuance of a Royal Command appointing
the person who has received the highest number of votes as prime minister.
Section 170: A minister must be qualified and not debarred by any prohibitions as
follows:
(1) being of Thai nationality by birth;
(2) being not less than thirty-five years of age;
(3) having graduated with not less than a Bachelor's degree or its equivalent;
(4) not being under any of the prohibitions under Section 96 (1), (2), (3), (4), (6), (7),
(12), (13), or (14);
(5) having been discharged for a period of less than five years before the appointment
after being sentenced by a judgment to imprisonment, except for an offence committed
through negligence;
(6) not being a senator or having been a senator whose membership has terminated
for not more than one year up to the date of the appointment as minister.
Section 171: Before taking office, a minister must make a solemn declaration before
the King in the following words: "I, (name of the declarer), do solemnly declare that I will be loyal to the King and will
faithfully perform my duties in the interests of the country and of the people. I will also
uphold and observe the Constitution of the Kingdom of Thailand in every respect."
Section 172: The Council of Ministers, which will assume the administration of the
State affairs, must, within fifteen days from the date it takes office, present its policies
under Section 74 to the National Assembly, with no vote of confidence to be passed. After
taking office, the Council of Ministers shall prepare an annual plan for the administration
of State affairs in accordance with the provisions of Section 75.
Before the policies are presented to the National Assembly under paragraph one, if
there is a matter of importance and urgent necessity, which, if not attended to, will affect
the material benefits of the State, the Council of Ministers that has taken office may, for
the time being, carry out whatever action is necessary.
Section 173: A minister has the right to attend and give statements of fact or opinion
at a sitting of the House but has no right to vote. In the case where the House of
Representatives or the Senate has passed a resolution requiring ministers to attend a
sitting for any matter, they shall attend the sitting. The provisions of Section 125 shall
apply mutatis mutandis.
Section 174: Ministers shall carry out the administration of the State affairs in
accordance with the provisions of the Constitution, laws, and the policies stated under
Section 211, and shall be responsible collectively to the House of Representatives for the
performance of their duties, and shall also be responsible collectively to the National
Assembly for the general policies of the Council of Ministers.
Section 175: In the case where there is an important problem in the administration of
State affairs regarding which the Council of Ministers deems it advisable to seek the
opinion of members of the House of Representatives and senators, the Prime Minister
may give a notice to the president of the National Assembly requesting that a general
debate be held in a joint sitting of the National Assembly. In such a case, no resolution
shall be passed by the National Assembly on the issue under debate.
Section 176: Ministers vacate office en masse upon:
(1) the termination of the ministership of the prime minister under Section 178216;
(2) the expiration of the term or the dissolution of the House of Representatives;
(3) the resignation of the Council of Ministers.
In the case where the ministership of the prime minister terminates under Section 178
(1), (2), (3), (4), (5), (7), or (8), the procedure under Section 168 and Section 169 shall
apply mutatis mutandis.
Section 177: The outgoing Council of Ministers shall continue to perform duties until
the appointment of a new Council Ministers is made. In the event of the termination of
tenure under Section 176 (2), the Council of Ministers and ministers shall perform duties
as necessary under the following conditions:
(1) shall not exercise its power to appoint, transfer, or dismiss a government official
holding a permanent position or receiving a salary, or an official of a State agency or
State enterprise, except with the approval of the Election Commission.
(2) shall not take any action requiring the spending of a reserve budget in the event of
an emergency or other contingency except with the approval of the Election Commission.
(3) shall not have any project, or approve one, that may be binding on or give
obligations to the next Council of Ministers.
(4) shall not exploit the State's resources or manpower in a way that impacts the
results of the next election in contradiction to the rules and regulations of the Election
Commission.
Section 178: The ministership of an individual minister terminates upon:
(1) death;
(2) resignation;
(3) being sentenced to imprisonment even though the case has not been finalized, or
in the case of the suspension of a jail term, except for an offence committed through
negligence or a petty offence;
(4) the passing of a vote of no-confidence by the House of Representatives under
Section 154 or Section 155;
(5) lacking qualifications or being under any prohibitions under Section 170;
(6) the issuance of a Royal Command for his or her removal under Section 179;
(7) being removed from office by a resolution of the Senate under Section 307.
The provisions of Section 89 and Section 90 shall apply to the termination of the
ministership under (2), (3), (5), or (7).
Section 179: The King has the prerogative to remove a minister from office upon the
advice of the prime minister.
Section 180: For the purpose of maintaining national or public safety, or national
economic security, or averting public calamity, the King may issue an Emergency Decree,
which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one shall be made only when
the Council of Ministers holds that it is an emergency or urgent necessity and is
unavoidable.
In the next succeeding sitting of the National Assembly, the Council of Ministers shall
submit the Emergency Decree to the National Assembly for its consideration without
delay. If it is out of session and there would be a delay in waiting for the opening of an
ordinary session, the Council of Ministers must proceed to convoke an extraordinary
session of the National Assembly in order to consider whether to approve or reject the
Emergency Decree without delay. If the House of Representatives rejects it or approves it,
but the Senate rejects it, and the House of Representatives reaffirms its approval by a
number of votes totaling not more than one-half of the total number of existing members
of the House, the Emergency Decree shall lapse, provided that it shall not affect any Act
passed during the enforcement of such an Emergency Decree.
If the Emergency Decree under paragraph one has the effect of amending or repealing
any provisions of any Act, and such an Emergency Decree has lapsed in accordance with
paragraph three, the provisions of the Act in force before the amendment or repeal shall
continue to be in force from the day the rejection of such an Emergency Decree is
effective.
If the House of Representatives and the Senate approve the Emergency Decree, or if
the Senate rejects it, but the House of Representatives reaffirms its approval by a number
of votes totaling more than one-half of the total number of the existing members of the
House, such an Emergency Decree shall continue to have the force as an Act.
The prime minister shall cause the approval or rejection of the Emergency Decree to
be published in the Government Gazette. In the event of a rejection, it shall be effective
from the day following the date of its publication in the Government Gazette.
The consideration of an Emergency Decree by the Senate and the House of
Representatives in the event of a reaffirmation of the Emergency Decree must take place
at the first opportunity when such Houses hold their sittings.
Section 181: Before the House of Representatives or the Senate approves an
Emergency Decree under Section 180 paragraph three, members of the House of
Representatives or senators numbering not less than one-fifth of the total number of
existing members of each House have the right to submit an opinion to the president of
the House of which they are members stating that the Emergency Decree is not in
accordance with Section 181 paragraph one or paragraph two, and the president of the
House who receives such an opinion shall then refer it to the Constitutional Court for its
decision. After the Constitutional Court has given its decision thereon, it shall convey its
decision to the president of the House that referred such an opinion.
When the president of the House of Representatives or the president of the Senate has
received the opinion from the members of the House of Representatives or senators under
paragraph one, the consideration of such an Emergency Decree shall be deferred until the
decision of the Constitutional Court under paragraph one has been notified.
Should the Constitutional Court decide that any Emergency Decree is not in
accordance with Section 180 paragraph one or paragraph two, such an Emergency Decree
shall not have the force of law ab initio.
The Constitutional Court's decision that any Emergency Decree is not in accordance
with
Section 180 paragraph one or paragraph two shall be valid only with a vote
numbering not less that two-thirds of the total number of judges in the Constitutional
Court.
Section 182: If, during a session, it is necessary to have a law on taxes, duties, or
currency, which, in the interests of the State, requires an urgent and confidential
consideration, the King may issue an Emergency Decree that shall have the force of an
Act.
The Emergency Decree issued under paragraph one must be submitted to the House
of Representatives within three days from the day following the date of its publication in
the Government Gazette, and the provisions of Section 218 shall apply mutatis mutandis.
Section 183: The King has the prerogative to issue a Royal Decree that is not contrary
to the law.
Section 184: The King has the prerogative to declare and lift Martial Law in
accordance with the conditions and manner of the Martial Law.
Where it is necessary to declare Martial Law in a certain locality as a matter of
urgency, the military authority may do so under the Martial Law.
Section 185: The King has the prerogative to declare war with the approval of the
National Assembly.
The approval of a resolution of the National Assembly must be passed by votes
numbering not less than two-thirds of the total number of the existing members of both
Houses.
During the expiration of the term or the dissolution of the House of Representatives,
the Senate shall perform the function of the National Assembly in giving the approval
under paragraph one, and the resolution shall be passed by votes numbering not less than
two-thirds of the total number of existing senators.
Section 186: The King has the prerogative to conclude a peace treaty, an armistice,
and other treaties with other countries or international organizations.
A treaty that provides for a change in the Thai territories or the jurisdiction of the
State or requires the enactment of an Act for its implementation or has an adverse impact
on the country's economic and social stability must be approved by the National
Assembly.
Prior to the conclusion of a treaty with other countries or international organizations,
the Council of Ministers shall publicize relevant information, make arrangement for a
public hearing on the matter, and provide clarification of such a treaty to the National
Assembly.
After the signing of a treaty, the Council of Ministers shall provide access to the
details of the treaty to the public. In a case where the implementation of such a treaty will
affect the people, the Council of Ministers shall take actions to make corrections or help
the affected individuals in a timely, suitable, and fair manner.
Section 187: The King has the prerogative to grant a pardon.
Section 188: The King has the prerogative to remove titles and recall decorations.
Section 189: The King appoints and removes officials in the military service and civil
service who hold the positions of permanent secretary of state, director-general and their
equivalents, except in the case where they vacate their office due to death.
Section 190: A government official holding a permanent position or receiving a salary
and not being a political official shall not be a political official or hold other political
positions.
Section 191: All laws, Royal Prescripts and Royal Commands relating to State affairs
must be countersigned by a minister unless otherwise provided in this Constitution.
Section 192: Emoluments and other remuneration for privy councilors, the president
and vice-president of the House of Representatives, the president and vice-president of
the Senate, the leader of the Opposition in the House of Representatives, members of the
House of Representatives, and senators shall be prescribed by Royal Decree.
Gratuities, pensions, or other remuneration for privy councillors, the president and
vice-president of the House of Representatives, the president and vice-president of the
Senate, the prime minister, ministers, the leader of the Opposition in the House of
Representatives, members of the House of Representatives, and senators who vacate their
office shall be prescribed by Royal Decree.
Chapter X
Courts
Part 1
Section 193: The trial and adjudication of cases are under the power of the Courts,
which must proceed in accordance with the Constitution and the law and in the name of
the King.
Judges are independent in the trial and adjudication of cases in accordance with the
Constitution and the law.
The transfer of a judge, who is under disciplinary action or due to become a defendant
in a criminal case, where justice in the trial and adjudication of cases might be affected or
such transfer is impermissible for other reasons, without his or her prior consent shall not
be permitted except in the case of termly transfer as provided by law or by promotion to a
higher position.
Judges shall not be political officials or hold political positions.
Section 194: All Courts may be established only by Acts.
A new Court for the trial and adjudication of any particular case or a case involving
any particular charge that replaces a Court existing under the law and having jurisdiction
over such a case shall not be established.
A law having an effect of changing or amending the law on the organization of Courts
or on the judicial procedures for the purpose of its application to a particular case shall
not be enacted.
Section 195: In the case where questions concerning the powers and duties of the
Court of Justice, the Administrative Court, the Military Court, and other courts have
arisen, there shall be a committee consisting of the president of the Supreme Court, the
president of the Supreme Administrative Court, the president of another court, and not
more than four academics as prescribed by the law as members to arbitrate the case.
The arbitration under paragraph one shall be in accordance with the provisions of the
law on the establishment of such courts.
Section 196: The King appoints and removes judges except in the case of removal
from office due to death.
The appointment and removal from office of a judge of any Court other than the
Constitutional Court, the Court of Justice, the Administrative Court, and the Military
Court, as well as the adjudicative jurisdiction of and procedures for such Courts, shall be
in accordance with the law on the establishment of such Courts.
Section 197: Before taking office, a judge shall make a solemn declaration before the
King in the following words: "I, (name of the declarer) do solemnly declare that I will be loyal to His Majesty the
King and will faithfully perform my duties in the name of the King without any partiality
in the interest of justice, of the people, and of the public order of the Kingdom. I will also
uphold and observe the democratic regime of government with the King as Head of the
State, the Constitution of the Kingdom of Thailand, and the law in every respect."
Section 198: The salaries, emoluments, and other benefits of judges shall be as
provided by law, provided that the system of salary scales or emoluments applicable to
civil servants shall not be applied.
The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen,
members of the National Counter Corruption Commission, and members of the State
Audit Commission mutatis mutandis.
Section 199: No person may simultaneously become a member, whether an ex-officio
member or a qualified member, of the Judicial Commission of the Courts of Justice, the
Administrative Court, or any other Court as provided by law.
Part 2
Constitutional Court
Section 200: The Constitutional Court consists of the president and eight judges of
the Constitutional Court to be appointed by the King on the advice of the Senate from the
following persons:
(1) three judges of the Supreme Court of Justice holding a position not lower than
judge of the Supreme Court of Justice and elected at a general meeting of the Supreme
Court of Justice by secret ballot;
(2) two judges of the Supreme Administrative Court elected at a general meeting of
the Supreme Administrative Court by secret ballot;
(3) two qualified persons in law elected under Section 202;
(4) two qualified persons in political science and social science who possess extensive
knowledge in the administration of State affairs elected under Section 202.
The elected persons under paragraph one shall hold a meeting and elect one among
themselves to be the president of the Constitutional Court and notify the result to the
president of the Senate accordingly.
The president of the Senate shall countersign the Royal Command appointing the
president and judges of the Constitutional Court.
Section 201: The qualified person under Section 200 (3) and (4) shall possess the
qualifications and not be under any of the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being not less than forty-five years of age;
(3) having been, in the past, a judge advocate in the Supreme Military Court, an
election commissioner, anombudsman, a member of the National Counter Corruption
Commission, a member of the State Audit Commission a minister, a member of the
National Human Rights Commission, or a member of the State Audit Commission, or
having served, in the past, in a position not lower than that of deputy prosecutor general,
director-general or its equivalent, or holding a position not lower than that of professor or
a practicing lawyer not less than 30 years before the date of nomination.
(4) not being under any of the prohibitions under Section 106 or Section 94 (1), (2),
(4), (5), (6), (7), (13), or (14);
(5) not being a member of the House of Representatives, senator, political official,
member of a local assembly, or local administrator;
(6) not being or having been, in the past, a member or holder of another position in a
political party over a period of three years preceding the taking of office;
(7) not being an election commissioner, an ombudsman, a member of the National
Human Rights Commission, a judge of an Administrative Court, a member of the
National Counter Corruption Commission, or a member of the State Audit Commission.
Section 202: The selection and election of judges of the Constitutional Court under
Section 200 (3) and (4) shall proceed as follows:
(1) there shall be a Selective Committee for judges of the Constitutional Court
consisting of the president of the Supreme Court of Justice, the president of the Supreme
Administrative Court, the president of the House of Representatives, the Opposition
leader in the House of Representatives, and a president of an independent body
established under the provisions of the Constitution to be elected from among the
presidents of such organizations. The committee shall have the duties to select and
prepare a list of names of ten qualified persons under Section 200 (3) and (4) submit it to
the president of the Senate with the consent of the nominated persons within thirty days
from the date when there are grounds for the selection of persons to be in such an office.
The resolution making such nomination must be passed by votes numbering not less than
three-fourths of the total number of existing members of the committee. In the case where
members of the committee are unable to do their duty, the committee will consist of the
remaining members, whose must number not less than one-half of the total number.
(2) the president of the Senate shall convoke the Senate for a sitting for the purpose of
passing a resolution by secret ballot electing the nominated persons on the list under (1)
within 30 days of having received the name list of qualified persons. With the approval of
the Senate, the president of the Senate shall submit the name list of the nominated
persons to the King for Royal appointment. If the Senate rejects all or some of the
nominees, the name list and the reasons for the rejections shall be forwarded to the
committee to begin the selection process anew. If the committee resolves to support such
a list with a unanimous vote, the president of the Senate shall submit the list to the King
for further Royal appointment.
In the case where the qualified persons under (1) cannot be found within the given
time for any reasons, the president of the Supreme Court of Justice shall convoke a
general meeting to appoint three judges from the Supreme Court of Justice and two
judges from the Supreme Administrative Court to be members of the Selective
Committee.
Section 203: Neither the president nor a judge of the Constitutional Court shall:
(1) be a government official holding a permanent position or receiving a salary;
(2) be an official or employee of a State agency, State enterprise, or local government
organization, or a director or adviser of a State enterprise or State agency;
(3) hold any position in a partnership, a company, or an organization carrying out
business with a view to sharing profits or incomes, or be an employee of any person;
(4) engage in any independent profession.
In the case where the general meeting of the Supreme Court of Justice, the general
meeting of the Supreme Administrative Court or the Senate, as the case may be, has
elected the person in (1), (2), (3), or (4) with the consent of that person, the elected
person can commence the performance of his or her duties only when he or she has
resigned from the position in (1), (2), or (3) or has satisfied that his or her engagement in
such an independent profession has ceased. This must be done within fifteen days from
the date of the election. If such a person has not resigned or has not ceased to engage in
the independent profession within the specified time, it shall be deemed that that person
has never been elected to be a judge of the Constitutional Court, and the provisions of
Section 200 shall apply.
Section 204: The president and judges of the Constitutional Court shall hold office for
nine years from the date of their appointment by the King and shall hold office for only
one term.
The outgoing president and judges of the Constitutional Court shall remain in office
to perform their duties until the newly appointed president and judges of the
Constitutional Court take office.
The president and judges of the Constitutional Court shall be judicial officials under
the law.
Section 205: In addition to vacating office upon the expiration of their terms, the
president and judges of the Constitutional Court vacate office upon:
(1) death;
(2) reaching seventy years of age;
(3) resignation;
(4) being disqualified or being under any of the prohibitions under Section 201;
(5) having committed an act in violation of Section 203;
(6) the Senate passing a resolution under Section 265 for removal from office;
(7) being sentenced to imprisonment, except for an offence committed through
negligence, a defamatory offence, or a petty offence.
When a case under paragraph one occurs, the remaining judges shall continue to
perform their duties subject to Section 211.
Section 206: In the case where the president and judges of the Constitutional Court
vacate office en masse at the expiration of their term, the procedures under Section 200
and Section 202 shall be followed within thirty days from the date of the vacation of
office.
In the case where the President and judges of the Constitutional Court vacate office
otherwise than in the case under paragraph one, the following procedures shall be
followed:
(1) in the case of a judge of the Constitutional Court who was elected at the general
meeting of the Supreme Court of Justice, Section 200 shall apply mutatis mutandis,
provided that the election thereof shall be completed within thirty days from the date of
the vacation of office;
(2) in the case of a judge of the Constitutional Court who was elected at a general
meeting of the Supreme Administrative Court, Section 200 shall apply within thirty days
from the date of the vacation of office;
(3) in the case of the judges of the Constitutional Court under Section 200 (3) or (4),
Section 202 shall apply within 30 days from the date of the vacation of office.
In the case where all or some of the judges of the Constitutional Court vacate office
outside the session of the National Assembly, Section shall apply within 30 days of the
opening of the National Assembly session.
In such a case, the nomination of suitable persons to be qualified judges of the
Constitutional Court under Section 200 shall be presented to the president of the Senate
by submitting the names of persons totaling double the number of outgoing judges, and
the Senate shall pass a resolution for the election within thirty days from the date of the
vacation office. In the case where some or all the judges of the Constitutional Court leave
office outside of a session of the National Assembly, the proceedings under Section 257
shall be taken within thirty days from the date of the opening of a session of the National
Assembly.
In the case where the president of the Constitutional Court leaves office, the
provisions of Section 200 paragraph three shall apply.
Section 207: In the application of the provisions of any law to any case, if the Court
by itself holds that, or a party to the case raises an objection that, the provisions of such a
law fall within the provisions of Section 6 and there has not yet been a decision of the
Constitutional Court on such provisions, the Court shall stay its trial and adjudication of
the case and submit, in the course of its official service, its opinion to the Constitutional
Court for its consideration and decision.
In the case where the Constitutional Court holds that the objection of a party under
paragraph one is not essential for a decision, the Constitutional Court may refuse to
accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but shall not affect
the final judgments of the Courts.
Section 208: A person whose rights and liberties as guaranteed by the Constitution are
violated has the right to petition the Constitutional Court for a ruling against a law that is
contrary to or inconsistent with the provisions of the Constitution.
The exercise of the right under paragraph on is permitted only when there is no other
course of action available and must be in accordance with the provisions of the organic
law on the procedures of the Constitutional Court.
Section 209: In the performance of its duties, the Constitutional Court shall have the
power to demand documents or relevant evidence from any person or summon any
person to give statements of fact as well as request the Courts, inquiry officials, a State
agency, State enterprise, or local government organization to carry out any act for the
purpose of its deliberations.
The Constitutional Court shall have the power to appoint a person or a group of
persons to carry out duties as entrusted.
Section 210: In the case where a dispute arises as to the powers and duties of organs
under the Constitution, such organs or the president of the National Assembly shall
submit the matter together with an opinion to the Constitutional Court for its decision.
Section 211: The quorum of judges of the Constitutional Court for hearing and giving
a decision shall consist of not less than nine judges. The decision of the Constitutional
Court shall be made by a majority of votes, unless otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a
decision on his own part and make an oral statement to the meeting before passing a
resolution.
The decisions of the Constitutional Court and all judges thereof shall be published in
the Government Gazette.
Any decision of the Constitutional Court must at least contain the background or
allegation, a summary of the facts obtained from the hearings, the reasons for the decision
on questions of fact and questions of law and the provisions of the Constitution and the
law invoked and resorted to.
The decision of the Constitutional Court shall be deemed final and binding on the
National Assembly, the Council of Ministers, the Courts, and other State organs.
The procedure of the Constitutional Court shall be prescribed by the organic law on
the Constitutional Court.
Section 212: The Constitutional Court shall have its independent secretariat, with the
secretary-general of the Office of the Constitutional Court as the superior responsible
directly to the president of the Constitutional Court.
The appointment of the secretary-general of the Office of the Constitutional Court
must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in its personnel
administration, its budget, and other activities as provided by law.
Part 3
Courts of Justice
Section 213: The Courts of Justice have the power to try and adjudicate all cases
except those specified by this Constitution or the law to be within the jurisdiction of other
courts.
Section 214: There shall be three levels of Courts of Justice, viz. the Court of First
Instance, the Court of Appeal, and the Supreme Court of Justice, except otherwise
provided by this Constitution or other laws.
The Supreme Court of Justice has the power to try and adjudicate cases as prescribed
by the Constitution and law and cases from the Courts of First Instance or the Court of
Appeal in accordance with the provisions of the law, except in the case where the
Supreme Court of Justice deems that there are no substantial legal grounds to warrant its
consideration. The Supreme Court of Justice has the power to discharge such a case in
accordance with the regulations adopted at a general meeting of the Supreme Court of
Justice.
The Supreme Court of Justice shall have the powers to try and adjudicate cases
pertaining to dispute and disfranchisement in the election of members of the House of
Representatives. The Court of Appeal shall have the power to try and adjudicate cases
pertaining to dispute and disfranchisement in the election of members of local councils
and local administrators. The procedures for the trial and adjudication shall be in
accordance with the regulations adopted at a general meeting of the Supreme Court of
Justice.
There shall be in the Supreme Court of Justice a Criminal Division for Persons
Holding Political Positions consisting of nine judges holding positions not lower than that
of a judge of the Supreme Court of Justice in accordance with the provisions of this
Constitution and the organic law on criminal procedures for persons holding political
positions.
The competence of the Supreme Court of Justice's Criminal Division for Persons
Holding Political Positions and the criminal procedures for such persons shall be as
provided by this Constitution and the organic law on criminal procedures for persons
holding political positions.
Section 215: The appointment and removal from office of a judge of a Court of
Justice must be approved by the Judicial Commission of the Courts of Justice before it is
tendered to the King.
The promotion, increase in salaries, and punishment of judges of the Courts of Justice
must be approved by the Judicial Commission of the Courts of Justice. For this purpose,
the Judicial Commission of the Courts of Justice shall appoint a sub-committee at each
level of the courts for preparing and presenting its opinion on such matter for
consideration.
Section 216. The Judicial Commission of the Courts of Justice consists of the
following persons:
(1) The president of the Supreme Court of Justice as chairperson;
(2) qualified members at all levels of the courts comprise six persons from the
Supreme Court of Justice, four from the Court of Appeal, and two from the Courts of
First Instance, who are judges at each level of the courts and elected by judicial officials
at all levels of the courts;
(3) two qualified members who are not or have not been judicial officials and who are
elected by the Senate.
The qualifications, prohibitions, and procedures with respect to the election of the
qualified members shall be in accordance with the provisions of the law.
Section 217: The Courts of Justice shall have an independent secretariat, with the
secretary-general of the Office of the Courts of Justice as the superior responsible directly
to the president of the Supreme Court of Justice.
The appointment of the secretary-general of the Office of the Courts of Justice must
be approved by the Judicial Commission of the Courts of Justice.
The Office of the Courts of Justice shall have autonomy in its personnel
administration, budget, and other activities as provided by law.
Part 4
Administrative Courts
Section 218: Administrative Courts have the powers to try and adjudicate cases of
dispute between a State agency, State enterprise, local government organization, or State
official under the superintendence or supervision of the government on the one hand and
a private individual on the other hand, or between a State agency, State enterprise, local
government organization, or State official under the superintendence or supervision of the
government on the one part and another such agency, enterprise, organization, or official
on the other hand, which is a dispute arising from an act or omission of an act that must
be, according to the law, performed by such State agency, State enterprise, local
government organization, or State official, or as a consequence of an act or omission of
an act under the responsibility of such a State agency, State enterprise, local government
organization, or State official in the performance of duties under the law, as provided by
the law.
There shall be the Supreme Administrative Court and Administrative Courts of First
Instance, and there may also be an Appellate Administrative Court.
Section 219: The appointment and removal from office of an administrative judge
must be approved by the Judicial Commission of the Administrative Courts as provided
by the law before they are tendered to the King.
Qualified persons in the field of law or the administration of the State affairs may be
appointed as judges of the Supreme Administrative Court. Such appointments shall be
made numbering not less than one-third of the total number of judges of the Supreme
Administrative Court and must be approved by the Judicial Commission of the
Administrative Courts as provided by the law and by the Senate before it is tendered to
the King.
The promotion, increase of salaries, and punishment of administrative judges must be
approved by the Judicial Commission of the Administrative Courts as provided by the
law.
The number of judges in each court shall be decided by the Judicial Commission of
the Administrative Courts.
Section 220: The appointment of an administrative judge as president of the Supreme
Administrative Court shall, when already approved by the Judicial Commission of the
Administrative Courts and the Senate, be tendered by the prime minister to the King for
appointment.
Section 221: The Judicial Commission of the Administrative Courts consists of the
following persons:
(1) The president of the Supreme Administrative Court as chairperson;
(2) nine qualified members who are administrative judges and elected by
administrative judges from among themselves;
(3) three qualified members, two of whom are elected by the Senate and the other by
the Council of Ministers.
The qualifications, prohibitions, and procedures for the election of the qualified
members shall be in accordance with the provisions of the law.
Section 222: The Administrative Courts shall have an independent secretariat, with
the secretary-general of the Office of the Administrative Courts as the superior
responsible directly to the president of the Supreme Administrative Court.
The appointment of the secretary-general of the Office of the Administrative Courts
must be approved by the Judicial Commission of the Administrative Courts as provided
by the law.
The Office of the Administrative Courts shall have autonomy in its personnel
administration, budget, and other activities as provided by the law.
Part 5
Military Courts
Section 223: Military Courts have the power to try and adjudicate military criminal
cases and other cases as provided by the law.
The appointment and removal from office of military judges shall be as provided by
the law.
Chapter XI
Organizations Under Constitution
Part 1
Independent Organizations Under Constitution
1. Election Commission
Section 224: The Election Commission consists of a chairperson and four other
commissioners appointed by the King with the advice of the Senate, from persons of
apparent political impartiality and integrity.
The president of the Senate shall countersign the Royal Command appointing the
chairperson and commissioners under paragraph one.
Section 225: An Election Commissioner shall have the qualifications and not be under
any prohibition as follows:
(1) being not less than forty years of age;
(2) having graduated with not less than a Bachelor's degree or its equivalent;
(3) not being under any of the prohibitions under Section 201 (1), (4), (5), and (6);
(4) not being a judge of the Constitutional Court, an ombudsman, a member of the
National Counter Corruption Commission, a member of the State Audit Commission, or a
member of the National Human Rights Commission.
The provisions of Section 203 shall apply with the Election Commission mutatis and
mutandis.
Section 226: The selection and election of the chairperson and election
commissioners shall proceed as follows:
(1) there shall be a selective Committee of five members consisting of the President
of the Constitutional Court, the president of the Supreme Administrative Court, the
president of the Supreme Administrative Court, and the president of the House of
Representatives, to be in charge of selecting three persons who possess the qualifications
under Section 225 for making nominations with the consent of the nominated persons to
the president of the Senate. The resolution making such nominations must be passed by at
least three-fourths of the existing number of the committee. In the case where the
positions of members of the committee are vacant or some commissioners are unable to
perform their duties, if the number of the remainder members of committee is not less
than one-half of the total number of members of the committee, the Selective Committee
shall comprise the existing members.
(2) the Supreme Court of Justice shall, at its general meeting, consider and select two
persons who possess the qualifications under Section 225 to be election commissioners
for making nominations to the president of the Senate with the consent of the nominated
persons;
(3) the nominations under (1) and (2) shall be made within thirty days from the date
when there are grounds for the selection of persons to be in such an office. In the case
where the Selective Committee under (1) is unable to make a nomination, or unable to
make all the nominations needed, within the prescribed time, the Supreme Court of
Justice shall, at its general meeting, make nominations to obtain the complete number
within fifteen days from the date of the expiration of the nomination time under (1);
(4) the president of the Senate shall convoke the Senate for passing, by secret ballot, a
resolution electing the nominated persons under (1), (2) and (3).
(5) In the case where the Senate adopts a resolution rejecting the nominated persons
under (1), (2), or (3), all or partly, the president of the Senate shall send the name list of
the rejected nominated persons to the Selective Committee under paragraph one, or to the
general meeting of the Supreme Court of Justice under (2) or (3), as the case may be. If
the Selective Committee or the general meeting of the Supreme Court of Justice agrees
with the resolution adopted by the Senate, the provisions of (1), (2), (3), or (4) shall apply,
as the case may be. If the Selective Committee or the general meeting of the Supreme
Court of Justice disagrees with the Senate's resolution and reaffirms the nominations with
a unanimous vote numbering not less than two-thirds of the votes in the general meeting
of the Supreme Court of Justice as the case may be, the name list of nominated persons
shall be submitted to the president of the Senate for further action as prescribed in (6).
(6) the elected persons under (4) or (5) shall meet and elect from among themselves a
chairperson of the Election Commission and then notify the president of the Senate of the
result. The president of the Senate shall report to the King for further appointment.
Section 227: The election commissioner shall hold office for a term of seven years
from the date of his or her appointment by the King and shall serve for only one term.
Election commissioners who are due to leave office upon the expiration of the term
shall remain in office and continue performing their duties until the newly appointed
election commissioners take office.
The provisions of Section 205 (1), (2), (3), (5), (6), (7) and the lack of qualifications
and the prohibitions under Section 225 shall apply to the vacation of office by election
commissioners mutatis mutandis.
Section 228: Members of the House of Representatives, senators, or members of both
Houses numbering not less than one-tenth of the total number of existing members of the
two Houses have the right to lodge with the president of the National Assembly a
complaint that any election commissioner is disqualified or is under any of the
prohibitions under Section 225, and the president shall refer that complaint to the
Constitutional Court within three days of having received the complaint for a decision as
to whether that election commissioner is disqualified from office.
When the Constitutional Court has passed a decision, it shall notify the president of
the National Assembly and the chairperson of the Election Commission of such a
decision.
The provisions of Section 90 shall also apply mutatis mutandis to the vacation of
office by election commissioners.
Section 229: In the case where the election commissioners have left office in totum,
actions under Section 138 shall be taken within forty-five days from the date of the
vacation.
In the case where the election commissioners vacate office for any reason other than
the expiration of their term, Section 226 shall apply to the selection and election of
election commissioners to fill the vacancies within 45 days of the date of vacation, and
the elected persons shall serve only for the remainder of the term of the replaced
commissioners.
Section 230: The Election Commission shall control and hold, or cause to be held, an
election of members of the House of Representatives, senators, members of a local
assembly, and local administrators, including voting in a referendum, for the purpose of
causing it to proceed in an honest, fair manner.
The chairperson of the Election Commission shall have the charge and control of the
execution of the organic law on the election of members of the House of Representatives
and the selection of senators, the organic law on political parties, the organic law on the
voting in a referendum, and the law on the election of members of local assemblies or
local administrators and shall be the registrar of the political parties.
Section 231: The Election Commission shall have the following powers and duties:
(1) to issue notifications determining all activities necessary for the execution of the
laws referred to in Section 230 paragraph two; and to lay down rules and regulations
governing electioneering activities and other activities of political parties, election
candidates, and voters to ensure a clean and fair election and set the criteria for the State
in its actions to provide an impartial election and equal opportunities for electioneering
campaigners.
(2) to give orders instructing government officials, officials, or employees of a State
agency, State enterprise, local government organization, or other State officials to
perform all necessary acts under the laws referred to in Section 177 with consideration
given to the protection of the State's interest on the principles of honesty, impartiality, and
equality;
(3) to lay down measures to control financial contributions to political parties, State
subsidies, and the election expenditures of political parties and election candidates; and to
openly inspect the financial records of political parties, and the paying or receiving of
money that may affect the voting results.
(4) to instruct officials or employees of State agencies and State enterprises, or other
State officials, to take actions necessary for the implementation of the provisions of
Section 230 paragraph two.
(5) to conduct investigations and inquiries for fact-finding and decision-making on
problems arising or disputes under the laws referred to in Section 230 paragraph two;
(6) to order a new election or new voting at a referendum to be held in any or all
polling stations when there occurs convincing evidence that the election or the voting at a
referendum in a particular polling station has not proceeded in an honest and fair manner;
(7) to announce the result of an election and the voting in a referendum;
(8) to perform other acts as provided by the law.
In the performance of its duties, the Election Commission has the power to summon
any relevant documents or evidence from any person, or summon any person to give
statements as well as to request the Courts, public prosecutors, inquiry officials, State
agencies, State enterprises or local government organizations to take action for the
purpose of performing duties, investigating, conducting inquiries, and making decisions.
The Election Commission has the power to appoint persons, a group of persons, or
representatives of private organizations to perform such duties as entrusted.
Section 232: The Election Commission shall forthwith conduct an investigation and
inquiry to find out the facts in any of the following cases;
(1) an objection by a voter; a candidate in an election; or a political party, a member
of which stood for election in any of the constituencies, is raised that the election in that
constituency was conducted erroneously or unlawfully;
(2) convincing evidence has appeared that any member of the House of
Representatives, a senator, a member of a local assembly, or a local administrator, before
being elected, committed a dishonest act that enabled him to be elected, or has
dishonestly been elected as a result of an act committed by any person or political party
in violation of the organic law on the election of members of the House of
Representatives and senators, the organic law on political parties, or the law on the
election of members of local assemblies and local administrators;
(3) convincing evidence has appeared that the voting in a referendum did not proceed
lawfully, or an objection has been raised by a voter that the voting in a referendum at any
polling station was conducted erroneously or unlawfully.
Upon completion of the actions under paragraph one, the Election Commission shall
pass a decision forthwith.
Section 233: In the case where the Election Commission decides to order a new
election or disfranchisement before the announcement on the results of the election of
members of the House of Representatives, a person concerned has the right to petition the
Supreme Court of Justice against the Election Commission's decision.
The decision of the Election Commission to order a new election or disfranchisement
after the announcement of the results of the election of members of the House of
Representatives shall be submitted to the Supreme Court of Justice for deliberation.
In the case of the election of a local assembly or administrators, the petitions under
paragraph one and paragraph two shall be lodged with the Courts of Appeal.
Section 234: During the period in which a Royal Decree calling for an election of
members of the House of Representatives or a notification calling for the voting in a
referendum is effective, no election commissioner shall be arrested, detained, or
summoned by a warrant for an investigation except in the case where the permission of
the Election Commission is obtained or where the arrest is made in flagrante delicto.
In the case where an election commissioner has been arrested in flagrante delicto, or
where an election commissioner is arrested or detained in other cases, it shall be
forthwith reported to the chairperson of the Election Commission, and the chairperson
may order the release of the person so arrested.
2. Ombudsmen
Section 235: Section 196. The ombudsmen shall not be more than three in number
and shall be appointed by the King with the advice of the Senate from persons recognized
and respected by the public, with knowledge and experience in the administration of State
affairs, enterprises, or activities of common interest for the public and with apparent
integrity.
Appointed ombudsmen shall hold a meeting to elect among from themselves a
president and shall disclose the result of the election to the president of the Senate.
The president of the Senate shall countersign the Royal Command appointing the
ombudsmen.
The qualifications, prohibitions, selection, and election regarding the ombudsmen
shall be in accordance with the organic law on ombudsmen.
The ombudsmen shall hold office for a term of six years from the date of their
appointment by the King and shall serve for only one term.
Section 236: The selection of the Ombudsmen shall be made in accordance with the
provisions of Section 202 and Section 203 mutatis mutandis. The selective committee
shall consist of the president of the Constitutional Court, the president of the Supreme
Court of Justice, the president of the Supreme Administrative Court, the president of the
House of Representatives, and the Opposition leader in the House of Representatives.
Section 237. The ombudsmen have the powers and duties as follows:
(1) to consider and inquire into a complaint for fact-finding in the following cases:
(a) failure to perform in compliance with the law or performance beyond the powers
and duties as provided by the law for a government official, an official, or an employee of
a State agency, State enterprise, or local government organization;
(b) the performance of, or negligence in the performance of, the duties of a
government official or an official or employee of a State agency, State enterprise, or local
government organization, which unjustly causes injury to the complainant or the public,
regardless of whether such an act is lawful or not;
(c) examination of negligence in the performance of duties or the unlawful
performance of duties by organizations under the Constitution and judicial bodies;
(d) other cases as provided by the law;
(2) to take action in connection with the moral conduct of persons holding political
positions and State officials in accordance with the provisions of
Section 271.
(3) to prepare reports for and submit opinions and suggestions to the National
Assembly. Such reports shall be published in the Government Gazette and made available
to the general public.
Actions under (1) a (b) and (c) shall be taken by the ombudsmen after having
received complaints from injured persons. The ombudsmen may decide to launch an
investigation into any matter that is deemed to be detrimental to the general public or the
public interest.
Section 238: The ombudsmen may refer matters to the Constitutional Court or the
Administrative Courts for a decision in accordance with the procedure of the
Constitutional Court without delay in cases where:
(1)questions over the constitutionality of the provisions of any law have arisen; in
such cases the ombudsmen shall request without delay the Constitutional Court's
judgment in accordance with the procedures of the Constitutional Court.
(2) questions over the constitutionality or legitimacy of regulations or orders or
actions taken by persons under Section 237 (1) (a) have arisen; in such cases, the
ombudsmen shall request without delay the Administrative Courts' judgment in
accordance with the procedures of the Administrative Courts.
3. National Counter Corruption Commission
Section 239: The National Counter Corruption Commission consists of the president
and eight qualified members appointed by the King with the advice of the Senate.
Members of the National Counter Corruption Commission shall be persons of
apparent integrity, with qualifications and free of the prohibitions under Section 201,
having been, in the past, a minister, an election commissioner, an ombudsman, a member
of the National Human Rights Commission, a member of the National Counter
Corruption Commission, a member of the State Audit Commission, or having served, in
the past, in a position not lower than that of a deputy director general or civilian officer at
level 9, or a professor, representative of a private organization or a practicing lawyer of a
lawyers association for a period of not less than 10 years with confirmation of his or her
years of service from such an organization or association.
The selection and nomination of members of the National Counter Corruption
Commission shall be made in accordance with the provisions of Section 200 paragraph
three and paragraph four, Section 202 and Section 203 mutatis and mutandis. The
provisions of Section 236 shall apply to the selection of members of the Selective
Committee
The president of the Senate shall countersign the Royal Command appointing the
president and members of the National Counter Corruption Commission.
Section 240: Members of the National Counter Corruption Commission shall hold
office for a term of nine years as from the date of their appointment by the King and shall
serve for only one term.
Members of the National Counter Corruption Commission who vacate office at the
expiration of their term shall remain in office and continue to perform their duties until
the newly appointed members take office.
Section 205 and Section 206 shall apply to the vacation, selection, and election of
members of the National Counter Corruption Commission mutatis mutandis.
Section 241: Members of the House of Representatives numbering not less than onefourth
of the total number of existing members of the House have a right to lodge with
the president of the Senate a complaint that any member of the National Counter
Corruption Commission has acted unjustly, intentionally violated the Constitution or laws,
or has been involved in anything that is seriously detrimental to the dignity of holding the
office, in order to request the Senate to pass a resolution removing him from office.
A resolution of the Senate removing a member of the National Counter Corruption
Commission from office under paragraph one shall be passed by votes numbering not
less than three-fourths of the total number of existing members of the Senate.
Section 242: Members of the House of Representatives, senators, or members of both
Houses numbering not less than one-fourth of the total number of existing members of
both Houses have a right to lodge with the Supreme Court of Justice's Criminal Division
for Persons Holding Political Positions an allegation that any member of the National
Counter Corruption Commission has become unusually wealthy or has committed an
offence involving corruption or malfeasance while in office.
The request under paragraph one shall clearly itemize the circumstance in which such
a person has allegedly committed the act under paragraph one and shall be submitted to
the president of the Senate. When the president of the Senate has received the said
request, the president shall refer it to the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions for trial and adjudication.
The alleged member of the National Counter Corruption Commission shall not
perform his duties until the Supreme Court of Justice's Criminal Division for Persons
Holding Political Positions has dismissed the said request.
Section 243: The National Counter Corruption Commission shall have the following
powers and duties:
(1) to inquire into the facts, summarize the case, and prepare a verdict to be submitted
to the Senate according to Section 263;
(2) to inquire into the facts, summarize the case, and prepare a verdict to be submitted
to the Supreme Court of Justice's Criminal Division for Persons Holding Political
Positions in accordance with Section 266;
(3) to investigate and decide whether a State official has become unusually wealthy or
has committed an offence of corruption, malfeasance in office or malfeasance in judicial
office in order to take further action in accordance with the organic law on counter
corruption;
(4) to inspect the accuracy, actual existence, as well as change of assets and liabilities
of persons holding positions under Section 250 and Section 255 as stated in the account
and supporting documents submitted;
(5) to submit an inspection report and a report on the performance of duties together
with remarks to the Council of Ministers, the House of Representatives, and the Senate
annually and to publish that report for dissemination;
(6) to carry out other actions as provided by the law.
Section 209 shall apply to the performance of duties of the National Counter
Corruption Commission mutatis mutandis.
Section 244: The National Counter Corruption Commission shall have an
independent secretariat, with the secretary-general of the National Counter Corruption
Commission as the superior directly responsible to the president of the National Counter
Corruption Commission.
The appointment of the secretary-general of the National Counter Corruption
Commission shall be approved by the National Counter Corruption Commission and the
Senate.
The Office of the National Counter Corruption Commission shall have autonomy in
its personnel administration, budget, and other activities as provided by the law.
4. State Audit Commission
Section 245: The State audit shall be carried out by the State Audit Commission and
the auditor-general, who is independent and impartial.
The State Audit Commission consists of the chairperson and six other members
appointed by the King from persons with expertise and experience in state auditing,
accounting, internal auditing, finance, and other fields.
The State Audit Commission shall have an independent secretariat, with the auditor general
as the superior person directly responsible to the chairperson of the State Audit
Commission, as provided by the organic law on the state audit.
The selection of members of the State Audit Commission shall be made in accordance
with the provisions of Section 200 paragraph three and paragraph four, Section 202 and
Section 203 mutatis and mutandis. The selection of the Selective committee shall be made
in accordance with the provisions of Section 236.
The president of the Senate shall countersign the Royal Command appointing the
chairperson and the members of the State Audit Commission and the auditor-general.
Members of the State Audit Commission shall hold office for a term of six years from
the date of their appointment by the King and shall serve for only one term.
The State Audit Commission has the power and duty to set the standard of the state
audit and give advice and recommendations for the correction of shortcomings in state
audit undertakings; and it has the power to deliberate on cases concerning monetary,
financial, and budgetary disciplines. Such judgments made by the State Audit
Commission and the Office of the State Audit shall be in accordance with the organic law
on the state audit.
The determination of the qualifications and procedures for the election of persons to
be appointed as members of the State Audit Commission and the auditor-general shall be
made in a manner that can secure persons of appropriate qualifications and integrity and
that can provide for the guarantee of the independence of such persons in the
performance of their duties.
Part 2
Other Organizations Under Constitution
1. Prosecution Organization
Section 246. A public prosecutor has independence when considering the prosecution
of cases and shall perform his or her duties impartially in accordance with the provisions
of the Constitution and law.
The appointment and removal of the prosecutor general requires a resolution adopted
by the Public Prosecution Committee with the consent of the Senate. The president of the
Senate countersigns the Royal Decree appointing the prosecutor general.
The Prosecution Organization has an independent administrative unit in charge of the
management of manpower, budget, and other undertakings under the direct command of
the prosecutor general in accordance with the provisions of the law.
A public prosecutor is prohibited from holding positions or engaging in activities
prescribed for judges and arbitrators.
The provisions of Section 168 paragraph eight and paragraph nine shall be applied
mutatis and mutandis.
2. National Human Rights Commission
Section 247: The National Human Rights Commission consists of a president and six
other members appointed by the King with the advice of the Senate from persons having
apparent knowledge and experience in the protection of the rights and liberties of the
people, having regard also to the participation of representatives from private
organizations in the field of human rights.
The president of the Senate shall countersign the Royal Command appointing the
president and the members of the National Human Rights Commission.
The qualifications, prohibitions, selection, election, removal, and determination of the
remuneration regarding members of the National Human Rights Commission shall be as
provided by the law.
The members of the National Human Rights Commission shall hold office for a term
of six years from the date of their appointment by the King and shall serve for only one
term.
The provisions of Section 200 paragraph three, Section 202, Section 203, and Section
205 (2) shall be applied mutatis and mutandis. The selection of the Selective Committee
shall be made in accordance with the provisions of Section 236.
Section 248: The National Human Rights have the powers and duties as follows:
(1) to examine and report the commission or omission of acts which violate human
rights or which do not comply with obligations under international treaties to which
Thailand is a party, and propose appropriate remedial measures to the person or agency
committing or omitting such acts to be acted upon. In the case where it appears that no
action has been taken as proposed, the commission shall report to the National Assembly
for further proceeding;
(2) to submit to the Constitutional Court any complaints received and an assessment
of the provisions of the law that affect human rights and are inconsistent with the
provisions of the Constitution;
(3) to propose to the Administrative Courts any complaints received and an
assessment of any regulations, orders, or other actions that affect human rights and are
inconsistent with the provisions of the Constitution;
(4) to promote cooperation and coordination among government agencies, private
organizations, and other organizations in the field of human rights;
(5) to prepare an annual report for the appraisal of situations in the sphere of human
rights in the country and submit it to the National Assembly;
(6) other powers and duties as provided by the law.
In the performance of its duties, the National Human Rights Commission shall also
have regard to the interests of the country and the public.
The National Human Rights Commission has the power to demand relevant
documents or evidence from any person or summon any person to give statements of fact
and has other powers for the purpose of performing its duties as provided by the law.
3. National Economic and Social Advisory Council
Section 249: The National Economic and Social Advisory Council has the duty to
provide advice and make suggestions to the Council of Ministers with regard to economic
and social issues and laws concerning the national economic and social development plan
and others that require, by the provisions of law, the council's assessment prior to their
implementation.
The organization's composition, powers and duties, and functioning shall be in
accordance with the provisions of the law.
Chapter XII
Inspection of the Exercise of State Power
Part 1
Examination of Accounts Showing Particulars of Assets and Liabilities
Section 250: Section 291: Persons holding the following political positions who have
not yet become sui juris to the National Counter Corruption Commission on each
occasion of taking or leaving office shall submit an account showing particulars of the
assets and liabilities of themselves, their spouses, and their children:
(1) prime minister;
(2) ministers;
(3) members of the House of Representatives;
(4) senators;
(5) other political officials;
(6) local administrators and members of a local assembly as provided by law.
The account under paragraph one shall be submitted together with the supporting
documents evidencing the actual existence of such assets and liabilities as well as a copy
of the personal income tax return for the previous fiscal year.
The declaration of assets and liabilities under paragraph one and paragraph two shall
include the assets of persons holding political positions in the direct or indirect
possession of other persons.
Section 251: The account showing the particulars of assets and liabilities under
Section 250 shall disclose the particulars of assets and liabilities actually existing on the
date of the submission thereof and shall be submitted within such time, as follows:
(1) in the case of the taking of office: within thirty days from the date of taking office;
(2) in the case of the vacation of office: within thirty days from the date of the
vacation;
(3) in the case where the person under Section 250, who has already submitted the
account, dies while in office or before submitting the same after the vacation of office, an
heir or an administrator of an estate of such person shall submit an account showing the
particulars of the assets and liabilities existing on the date of such a person's death within
ninety days of the date of the death.
In addition to the submission of the account under (2), the person holding the position
of prime minister, minister, local administrator, member of a local assembly or a person
holding a political position but having left office shall also re-submit an account showing
particulars of assets and liabilities within thirty days of the expiration of one year after
the vacation of office.
Section 252: The account showing particulars of assets and liabilities of the prime
minister, ministers, members of the House of Representatives, and senators must be
disclosed to the general public not later than thirty days from the date of the expiration of
the time limit for the submission of such an account. The accounts of persons holding
other positions shall not be disclosed to any person unless the disclosure will be useful
for the trial and adjudication of cases or for making a decision and is requested by courts
or persons involved or the State Audit Commission.
The president of the National Counter Corruption Commission shall convene a
meeting of the commission to inspect the actual existence of assets and liabilities without
delay.
Section 253: In the case where the submission of the account is made by reason of the
vacation of office or death of any person holding a political position, the National
Counter Corruption Commission shall inspect the change of assets and liabilities of such
a person and prepare a report on the inspection. Such a report shall be published in the
Government Gazette.
In the case where it appears that the assets of the person under paragraph one have
increased abnormally, the president of the National Counter Corruption Commission shall
send all documents together with the inspection report to the prosecutor general to
institute an action in the Supreme Court of Justice's Criminal Division for Persons
Holding Political Positions so that the abnormally increased assets shall be vested with
the State; the provisions of Section 263 paragraph five shall apply mutatis mutandis.
Section 254: Any person holding a political position who intentionally fails to submit
an account showing assets and liabilities and supporting documents as provided in this
Constitution or intentionally submits the same with false statements or conceals the facts
that should be revealed shall vacate office as from the date of the expiration of the time
limit for the submission under Section 251 or as from the date such an act is discovered,
as the case may be.
When the case under paragraph one occurs, the National Counter Corruption
Commission shall refer the matter to the Supreme Court of Justice and the Criminal
Division for Persons Holding Political Positions for further deliberation, and when the
decision of the Constitutional Court is given, the provisions of Section 90 shall apply
mutatis mutandis, and such a person shall be prohibited from holding any political
position for five years from the date of the vacation of office.
Section 255: The provisions of Section 250, Section 251, Section 254 paragraph one
shall apply mutatis mutandis to other State officials as provided by the organic law on
counter corruption.
The National Counter Corruption Commission may disclose an account showing
assets and liabilities to parties concerned or for the benefit of the trial and adjudication of
cases in accordance with the provisions of the organic law on counter corruption practices.
Part 2
Acts of Conflict of Interest
Section 256: Members of the House of Representatives and senators shall not:
(1) hold any position or have any duty in any State agency or State enterprise, or hold
the position of a member of a local assembly, local administrator or local government
official;
(2) receive any concession from the State, a State agency or State enterprise, or
become a party to a contract involving an economic monopoly with the State, a State
agency or State enterprise, or become partner or shareholder in a partnership or company
receiving such a concession or becoming a party, both directly or indirectly, to a contract
of that nature.
(3) receive any special money or benefit from any State agency or state enterprise
apart from that given by the State Agency or State enterprise to other persons in the
ordinary course of business.
The provisions of (2), (3), and (4) shall apply to spouses and children of members of
the House of Representatives and senators and other persons--not their spouses and
children--who act at their command or as their partners or nominees to carry out
undertakings for them.
Section 257: A member of the House of Representatives shall not, through the status
or position of a member of the House of Representatives, directly or indirectly, interfere
or intervene, for their own benefit or the benefit of other persons or political parties, in
the following matters:
(1) The regular performance of duties of permanent government employees, officials
or employees of State Enterprises or enterprises in which the State or local assemblies are
major stake holders.
(2) The recruitment, appointment, reshuffle, transfer, promotion, and elevation of the
salary scale of a government official holding a permanent position or receiving a salary
and not being a political official or an official or employee of a State agency, State
enterprise, or local government organization, or cause such persons to be removed from
office.
Section 258: The provisions of Section 256 shall apply to the prime minister and
ministers, except those holding positions or carrying out undertakings according to the
provisions of the law. The prime minister and ministers shall not hold any position in a
partnership, a company, or an organization carrying out business for sharing profits or
income, or be an employee of any person.
Section 259: The prime minister or a minister shall not take any action under Section
257 except in the performance of duties in the administration of State affairs according to
the policy presented to the National Assembly or the provisions of the law.
Section 260: A minister shall not be a partner or shareholder of a partnership or a
company or retain his position as a partner or shareholder of a partnership or a company
up to the limit as provided by law. In the case where any minister intends to continue to
receive benefits in such cases, such a minister shall inform the president of the National
Counter Corruption Commission within thirty days of the date of the appointment and
shall transfer his shares in the partnership or company to a juristic person who manages
assets for the benefit of other persons as provided by the law.
Part 3
Removal from Office
Section 261: A person holding the position of prime minister, minister, member of the
House of Representatives, senator, president of the Supreme Court of Justice, president of
the Constitutional Court, president of the Supreme Administrative Court, or prosecutor
general, who is in the position of being unusually wealthy and suspected of fraud,
malfeasance in office, malfeasance in judicial office, or an intentional exercise of power
contrary to the provisions of the Constitution or law, may be removed from office by the
Senate.
The provisions of paragraph one shall also apply to the persons holding the following
positions:
(1) Judge of the Constitutional Court, election commissioner, ombudsman, and
member of the State Audit Commission;
(2) judge, public prosecutor, or high-ranking official in accordance with the organic
law on counter corruption.
Section 262: Members of the House of Representatives numbering not less than onefourth
of the total number of the existing members of the House have the right to lodge
with the president of the Senate a complaint in order to request the Senate to pass a
resolution under Section 307 removing the persons under Section 303 from office. The
said request shall clearly itemize circumstances in which such persons have allegedly
committed the act in question.
Senators numbering not less than one-fourth of the total number of the existing
members of the Senate have the right to lodge with the President of the Senate a
complaint in order to request the Senate to pass a resolution under Section 265 removing
a senator from office.
The rules, procedures, and conditions for the lodging of the complaint by the voters
under paragraph one shall be in accordance with the organic law on counter corruption.
Eligible voters numbering not less than 20,000 have the right to lodge a petition
calling for the removal of persons under Section 261 in accordance with the provisions of
Section 160.
Section 263: Upon receipt of the request under Section 304, the president of the
Senate shall refer the matter to the National Counter Corruption Commission for an
investigation to be completed within 30 days after receipt of the request.
When the investigation is complete, the National Counter Corruption Commission
shall prepare a report thereon for submission to the Senate. The said report shall clearly
state whether, and to what extent, the accusation put in the request is a prima facie case
and shall state the reasons for this.
In the case where the National Counter Corruption Commission holds that the
accusation in the request is an important matter, the National Counter Corruption
Commission may make a separate report specifically on the said accusation and refer it to
the Senate in advance.
If the National Counter Corruption Commission passes a resolution that the
accusation has a prima facie case, the holder of the position against whom the accusation
has been made shall not, as from the date of such a resolution, perform his or her duties
until the Senate has passed its resolution. The president of the National Counter
Corruption Commission shall submit the report, existing documents, and the
commission's verdict to the president of the Senate to proceed in accordance with Section
306 and to the prosecutor general for instituting prosecution in the Supreme Court of
Justice's Criminal Division for Persons Holding Political Positions. If the National
Counter Corruption Commission holds that the accusation has no prima facie case, such
an accusation shall lapse.
In the case where the prosecutor general holds that the report, documents, and verdict
submitted by the National Counter Corruption Commission under paragraph four are not
so complete as to institute prosecution, the prosecutor general shall notify the National
Counter Corruption Commission for further proceedings, and, for this purpose, the
incomplete items shall be specified on the same occasion. In such a case, the National
Counter Corruption Commission and the prosecutor general shall appoint a working
committee, consisting of their representatives in an equal number, to collect complete
evidence and submit it to the prosecutor general for further prosecution. In the case where
the working committee is unable to reach a decision as to the prosecution, the National
Counter Corruption Commission shall have the power to prosecute by itself or appoint a
lawyer to prosecute on its behalf.
Section 264: Upon receipt of the report under Section 263, the president of the Senate
shall convoke a sitting of the Senate to consider the said matter without delay.
In the case where the National Counter Corruption Commission submits the report
outside the session of the Senate, the president of the Senate shall inform the president of
the National Assembly in order to tender a petition to the King for the issuance of a Royal
Command convoking an extraordinary session of the National Assembly. The president
of the Senate shall countersign the Royal Command.
Section 265: A senator shall have autonomy in casting a vote, which must be by secret
ballot. A resolution for the removal of any person from office shall be passed by votes
numbering not less than three-fifths of the total number of the existing members of the
Senate.
A person who is removed from office shall leave office or be released from
government service from the date of the resolution of the Senate. Such a person shall be
deprived of the right to hold any political position or to serve in government service for
five years.
The resolution of the Senate under this section shall be final and no request for the
removal of such a person from office shall be made on the same grounds, without
prejudice, however, to the trial of the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions.
Part 4
Criminal Proceedings Against Persons Holding Political Positions
Section 266: In the case where the prime minister, a minister, member of the House of
Representatives, senator, or other political official has been accused of becoming
unusually wealthy or of the commission of malfeasance in office according to the Penal
Code, a dishonest act in the performance of duties, or corruption according to other laws,
the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions
shall have the competent jurisdiction to try and adjudicate the case.
The provisions of paragraph one shall also apply to the case where the said person or
other person is a principal, an instigator, or a supporter.
Section 267: A person injured by the act under Section 266 shall have the right to
lodge with the National Counter Corruption Commission the petition for action to be
taken under Section 243 (2) in accordance with the organic law on counter corruption.
The provisions of Section 263 paragraph one, paragraph four, and paragraph five
shall apply mutatis mutandis.
Section 268: In a trial, the Supreme Court of Justice's Criminal Division for Persons
Holding Political Positions shall rely on the file of the National Counter Corruption
Commission and may conduct an investigation in order to obtain additional facts or
evidence as it thinks fit.
The provisions of Section 209 shall apply to the performance of the duties of the
Supreme Court of Justice's Criminal Division for Persons Holding Political Positions
mutatis mutandis.
The provisions on the immunity of members of the House of Representatives and
senators under Section 126 shall not apply to a trial of the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions.
Section 269: An adjudication of a case shall be made by a majority of votes; provided
that every judge constituting the quorum shall prepare his written opinion and make oral
statements to the meeting prior to the passing of a resolution.
The orders and judgments of the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions shall be disclosed to the public and considered as
final, except in compliance with the provisions of paragraph three.
In the case where the Supreme Court of Justice's Criminal Division for Persons
Holding Political Positions has acquired new witnesses and evidence that cause changes
in the basic facts, it shall notify the Supreme Court of Justice in a general meeting within
30 days of the date of the issuance of judgment.
The submission of the notification to the Supreme Court of Justice shall be done in
accordance with the procedure of the Supreme Court of Justice.
Chapter XIII
Morality of Persons Holding Political Positions, Government Officials
Section 270: The standard of morality for persons holding political positions,
government officials, and State officials at all levels shall be in conformity with the
established code of morality.
There shall be mechanisms and working systems to ensure the effective enforcement
of the standard of morality in paragraph one, including penalties based on the severity of
the case.
Violation of or failure to observe the standard of morality in paragraph one shall be
regarded as a disciplinary infringement. The violation of or failure to observe the
standard of morality by persons holding political positions shall be reported by the
ombudsmen to the National Assembly, the Council of Ministers, or local assemblies, as
the case may be. Serious offences shall be referred to the National Counter Corruption
Commission for further action and used as grounds for removal from office as prescribed
by Section 261.
The recruitment, selection, and appointment of persons to hold positions involving
the use of the State power, including transfers, promotions and elevation up the salary
scale, and punishment, shall be in accordance with the principle of the merit-based
system, with consideration given to the ethical behavior of such persons.
Section 271: To facilitate the implementation of the provisions of this Chapter, the
ombudsmen shall have the powers and duties to give advice and make recommendations
for the establishment of a code of morality in Section 270; promote the awareness of
morality among persons holding political positions, government officials, and State
authorities; and report violations of the code of morality to the superiors of the violators
to secure the enforcement of the code.
In the case of a serious violation of or failure to observe the code of morality in which
the actions taken by responsible authorities prove unfair, the ombudsmen shall conduct an
investigation and disclose the results of the fact-finding to the public.
Chapter XIV
Local Government
Section 272: Subject to Section 1, the State shall give autonomy to the locality in
accordance with the principle of self-government according to the will of the people in
the locality and encourage local governments to serve as the main working unit in
providing public facilities and participating in resolving problems in localities.
Any locality which meets the conditions of self-government shall have the right to be
formed as a local government organization as provided by the law.
Section 273: The supervision of a local government organization must be exercised in
so far as it is necessary as provided by the law but must be for protecting local interests or
the interests of the country as a whole, provided, however, that it shall not substantially
affect the principle of self-government according to the will of the people in the locality
otherwise than as provided by the law.
Section 274: All local government organizations shall enjoy autonomy in laying down
policies for their governance, administration, personnel administration, management of
public services, and finance and shall have powers and duties, particularly on their own
part, in conformity with the development of provinces and the country.
The delineation of powers and duties between the State and a local
government organization and among local government organizations themselves shall
be in accordance with the provisions of the law, having particular regard to the promotion
of decentralization.
Local government organizations shall receive support and assistance to enable them
to administer local affairs independently, effectively respond to the needs of people in the
locality, develop local finance to facility the provision of full public services, and make
joint efforts to further develop and establish bodies in charge of providing public services
in a beneficial and thorough manner.
There shall be laws governing the steps and procedures for decentralization to
delineate the powers and duties in managing public services and collecting taxes and
duties between the State and local governments and among local governments, including
the examination and evaluation of the different level of competency of each local
government organization, which shall be carried out under the provisions of the law by a
committee consisting of representatives, in an equal number of State agencies concerned
and local government organizations.
Section 275: A local government organization shall have a local assembly and local
administrative committee or local administrators.
Members of a local assembly shall be elected.
A local administrative committee or local administrators shall be directly elected by
the people or shall be from the approval of a local assembly.
An election of members of a local assembly and local administrative committee or
local administrators who must be directly elected by the people shall be made by direct
suffrage and secret ballot.
Members of a local assembly or local administrative committee or local
administrators shall hold office for the period of four years.
A member of a local administrative committee or local administrator shall not be a
government official holding a permanent position or receiving a salary or an official or
employee of a State agency, State enterprise, or local government organization.
The qualifications of a person having the right to vote and a person having the right to
apply for candidacy in an election of members of a local assembly, members of a local
administrative committee, and local administrators and the rules and procedures thereof
shall be in accordance with the provisions of the law.
In the case where there is a dissolution of a local assembly or where members of a
local assembly have vacated office en masse under Section 276 and a local administrative
committee or local administrators must be temporarily appointed, the provisions of
paragraph two, paragraph three and paragraph six shall not apply, as provided by the law.
In the case where a special form of a local government organization is established,
other management systems different from this chapter may be applied.
Section 276: If persons having the right to vote in an election in any local government
organization consider that any member of the local assembly or any administrator of that
local government organization is not suitable for remaining in office, shall have the right
to vote for the removal of such persons from office. The gathering of signatures and the
voting mode shall be made according to the provisions of the law.
Section 277: Persons having the right to vote in any local government organization
shall have the right to lodge with the president of the local assembly a request for the
issuance by the local assembly of local ordinances.
The rules and procedure for the lodging of a request and the examination thereof shall
be as provided by the law.
Section 278: People living in the locality have the right to participate in the
administration of local government organizations. Such local government organizations
shall make arrangement for public participation.
Public hearings shall be held on projects of local government organizations that
impact the livelihood of the people in the locality prior to their implementation. In this
regard, the people shall have the right to vote in the process of the decision-making as
provided by law.
Local government organizations shall prepare annual reports on their budgets and
expenditure and performance of duties for public disclosure. People shall have the right
to examine and supervise the operations of local government organizations.
The preparation of the budget of a local government organization in paragraph three
shall be in accordance with the provisions of Section 168 mutatis and mutandis.
Section 279: The appointment and removal of officials and employees of a local
government organization shall be in accordance with the need of and suitability for each
locality, and prior approval shall be obtained from the Local Officials Committee, as
provided by the law.
The Local Officials Committee under paragraph one shall consist of an equal number
of representatives of relevant Government agencies, representatives of local government
organizations, and qualified persons possessing the qualifications as provided by the law.
There shall be a local organization for the protection of the merit-based system to
protect morality and ethical conduct among the local workforce, as prescribed by the law.
The transfer, promotion, increase of salaries, and punishment of the officials and
employees of a local government organization shall be in accordance with the provisions
of the law.
Section 280: A local government organization has the duty to conserve the local arts,
customs, and knowledge or culture.
A local government organization has the right to provide education and professional
training in accordance with the suitability for and need of that locality and participate in
the provision of education and training by the State with regard to the national education
standards and system.
In providing education and training in the locality under paragraph two, the local
government organization shall also have regard to the conservation of the local arts,
customs, knowledge, and culture.
Section 281: For the purpose of promoting and maintaining the quality of the
environment, a local government organization has powers and duties as provided by the
law.
The law under paragraph one shall at least contain the following matters as its
substance:
(1) the management, preservation, and exploitation of the natural resources and
environment in the area of the locality;
(2) participation in the preservation of the natural resources and environment outside
the area of the locality only in the case where the living of the inhabitants in the area may
be affected;
(3) participation in a consideration of the initiation of any project or activity outside
the area of the locality that may affect the quality of the environment, health, or sanitary
conditions of the inhabitant in the area.
Chapter XV
Amendment of Constitution
Section 282: An amendment of the Constitution may be made only under the
following rules and procedures:
(1) A motion for an amendment must be proposed either by the Council of Ministers
or members of the House of Representatives numbering not less than one-fifth of the total
number of the existing members of the House of Representatives or members of both
Houses numbering not less than one-fifth of the total number of existing members thereof
or not less than 100,000 eligible voters in accordance with the law on a petition for the
proposal of bills.
A motion for an amendment that has the effect of changing the democratic regime of
government with the King as Head of the State or changing the form of the State shall be
prohibited;
(2) A motion for amendment must be proposed in the form of a draft Constitution
Amendment, and the National Assembly shall consider it in three readings;
(3) the voting in the first reading for acceptance in principle shall be by roll call and
open voting, and the amendment must be approved by votes numbering not less than one-half
of the total number of the existing members of both Houses;
(4) the voting in the second reading for consideration section by section shall be
decided by a simple majority of votes;
(5) at the conclusion of the second reading, there shall be an interval of fifteen days,
after which the National Assembly shall proceed with its third reading;
(6) the voting in the third and final reading shall be by roll call and open voting, and
its promulgation as the Constitution must be approved by votes of more than one-half of
the total number of existing members of both Houses;
(7) after the resolution has been passed in accordance with the aforementioned rules
and procedures, the draft Constitution Amendment shall be presented to the King, and the
provisions of Section 146 and Section 147 shall apply mutatis mutandis.
Transitory Provisions
Section 283: The Privy Council holding office on the date of the promulgation of this
Constitution shall be the Privy Council under the provisions of this Constitution.
Section 284: The National Legislative Assembly under the Constitution of the
Kingdom of Thailand (Interim Edition) of B.E. 2549 shall perform the duty of the
National Assembly, the House of Representatives, and the Senate under the provisions of
this Constitution until the first session of the National Assembly is to be held under
Section 122.
The provisions of Section 91, Section 93, Section 95, Section 101, Section 104,
Section 110, Section 114, and Section 115 shall not apply to the holding of positions of
members of the National Legislative Assembly. The performance of duties of members of
the National Legislative Assembly shall be in accordance with the provisions of the
Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549.
Section 285: The Constitution Drafting Assembly and the Constitutional Drafting
Committee under the Constitution of Kingdom of Thailand (Interim Edition) of B.E.
2549 shall continue to perform duties up to the completion of the time period as provided
by the Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549.
The provisions of Section 30 paragraph two of the Constitution of the Kingdom of
Thailand (Interim Edition) of B.E. 2549 shall continue to have effect.
Section 286: The Constitution Drafting Committee under the Constitution of the
Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549 shall be assigned
to draft the organic law bills on the election of members of the House of Representatives
and the selection of senators, political parties, and the Election Commission to submit to
the National Legislative Assembly for consideration within the time period prescribed by
the Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549.
Section 287: Actions shall be taken to ensure that the election of members of the
House of Representatives and the selection of senators be completed within 90 days of
the date the organic laws under Section 286 become effective.
In the case where the National Legislative Assembly does not approve the organic
laws under Section 286 within the time period prescribed by the Constitution of the
Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549, the Constitution
Drafting Committee shall lay down necessary regulations in lieu of the particular organic
law to ensure an honest and fair election of members of the House of Representatives and
the selection of senators within 90 days of the date of publication of the regulations in the
Government Gazette.
In the first general election of members of the House of Representatives, a candidate
in the election shall be a member of a political party at least 30 days before the date of
election.
At the preliminary stage, a person having served as a senator elected for the first time
under the Constitution of the Kingdom of Thailand of B.E. 2540 shall not be allowed to
be selected for the first time under the provisions of this Constitution, and Section 112
paragraph two shall not apply to senators elected from the latest election under the
Constitution of the Kingdom of Thailand of B.E. 2540.
Section 288: The incumbent Council of Ministers on the date of the proclamation of
this Constitution shall remain functioning under the provisions of this Constitution and
vacate office upon the appointment of a new Council of Ministers.
The provisions of Section 167 paragraph two, Section 168, Section 170, and Section
178 (4), (7), and (8) shall not apply to the prime minister and ministers under paragraph
one.
Section 289: Persons holding the following positions on the date of the proclamation
of this Constitution shall remain in their positions until the expiration of their terms,
counting from the date of their appointment, in accordance with the provisions of this
Constitution:
(1) Election commissioners.
(2) Ombudsmen.
(3) Members of the National Counter Corruption Commission.
(4) Members of the National Human Rights Commission.
(5) Members of the National Economic and Social Advisory Council.
Persons under (1) shall perform duties under the organic laws and relevant laws in
effect on the date of the proclamation of this Constitution until the enactment of [new]
organic laws or constitutional laws, except in the case where the provisions of such a law
are contradictory to the provisions of this Constitution, when the provisions of this
Constitution shall apply.
The incumbent ombudsmen on the date of the proclamation of this constitution shall
elect from among themselves the president of the ombudsmen, and the provisions of
Section 235 shall apply mutatis and mutandis.
Section 290: The Judicial Council under the Constitution of the Kingdom of Thailand
(Interim Edition) of B.E. 2549 is to become the Constitutional Court under the provision
of this Constitution. The president of the Supreme Court of Justice shall become the
president of the Constitutional Court, and the president of the Supreme Administrative
Court shall become the vice-president of the Constitutional Court. Judges of the Supreme
Court of Justice and the Supreme Administrative Court elected under Section 35 of the
Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549 shall continue to
serve as judges of the Constitutional Court until the appointment of new constitutional
judges under the provisions of this Constitution, which shall take place no later than 120
days from the date of the first general election held under the provisions of this
Constitution.
Section 33 paragraph two, paragraph three, and paragraph four of Constitution of the
Kingdom of Thailand (Interim Edition) of B.E. 2549 shall remain in effect until the
enactment of the organic law on the procedures of the Constitutional Court.
After the appointment of the judges of the Constitutional Court, all pending cases
shall be transferred to the Constitutional Court.
Pending the enactment of the organic law on the procedures of the Constitutional
Court, the Constitutional Court shall have the power to issue the procedures and
proceedings for the trial and adjudication of cases. Nevertheless, the enactment of the
organic law must be completed within one year of the date of the proclamation of this
Constitution.
Section 291: The recruitment and selection of members of the State Audit
Commission and the auditor-general must be completed within 90 days of the date of the
appointments of the president of the House of Representatives and the opposition leader
in the House of Representatives after the first general election to be held under the
provisions of this Constitution.
During the absence of the State Audit Commission, the auditor-general shall exercise
powers on behalf of the State Audit Commission.
Section 292: The following organic laws shall remain in effect:
(1) The Organic Law on the auditor-general of B.E. 2542 with the president of the
ombudsmen serving as acting auditor-general.
(2) The Organic Law on Counter Corruption of B.E. 2542 with the president of the
Counter Corruption Commission serving as acting president of the commission.
(3) The Organic Law on State Audit of B.E. 2542 with the president of the State Audit
Commission serving as acting president of the commission.
(4) The Organic Law on the Procedure of Criminal Offences of Persons Holding
Political Positions of B.E. 2542 with the president of the Supreme Court of Justice
serving as acting president.
Persons under paragraph one shall take actions to revise the organic laws so that they
are in conformity with the provisions of this Constitution within one year of the
proclamation of this Constitution. In the case of the absence of an acting president, the
one-year period will count from the date of the appointment of such person.
The House of Representatives shall complete its deliberation on the organic laws
within 120 of having received the organic law bills, and the Senate shall complete its
deliberation of the law bills within 90 days of having received the organic law bills.
The adoption of a resolution to amend or reject any paragraph of the organic law bills
shall be passed by the vote of not less than one-half of the total number of members of
each House.
The Election Commission shall draft the organic law bill on the referendum in
conformity with the provisions of this Constitution by the application of the provisions of
paragraph two, paragraph three, and paragraph four mutatis and mutandis.
Section 293: At the preliminary stage, the revision of the following laws shall be
completed within the specified time periods:
(1) The law pertaining to the details of measures for the promotion and protection of
the rights and liberty under Section 40 and Section 44--Part 7 on the freedom of
expression of the people and media, Part 8 on the right of education and liberty, Part 9 on
the right to State health service and State welfare, Part 10 on the right to information and
complaint, and Part 12 on community rights; the law on the establishment of NGO's for
consumer protection under Section 60 paragraph two; the law on the establishment of the
organization for the reform of the criminal justice procedure under Section 80 (6); and the
law on the establishment of people's development funds under Section 86 (5)-- within one
year after the date of the proclamation of this Constitution.
(2) The laws under Section 85 (1) and Section 163 paragraph three--within two years
after the date of the proclamation of this Constitution.
Section 294: The issuance of the code of morality under Section 270 shall be
completed within one year of the date of the proclamation of this Constitution.
Section 295: At the preliminary stage, the following provisions are not allowed to be
enforced under the following conditions:
(1) Pro
visions under Section 47 paragraph two shall not be enforced until the
enactment of a law on the establishment of a State independent agency in charge of
allocation of frequencies and the supervision of radio and television broadcasting and
telecommunication businesses, which shall be made within one year of the date of the
proclamation of this Constitution. The law shall not affect the concessions or contracts
that have been granted or made before its promulgation. Such concessions and contracts
remain valid until their expiration.
(2) Provisions under Section 136 shall not apply to the enactment of the organic law
bills under Section 286.
(3) Provisions under Section 163 paragraph one and paragraph two and Section 164
paragraph nine, Section 165 on the specification of revenue resources for the
reimbursement of the advance spending of the national reserve fund, and the enforcement
of Section 166 shall be suspended for a period of one year after the date of the
proclamation of this Constitution.
Section 296: At the preliminary stage, senior judges having, in the past, served in a
position not lower than a judge of the Supreme Court of Justice shall be able to perform
duties in the Supreme Court of Justice under Section 214 paragraph two, paragraph three,
and paragraph four in accordance with the criteria adopted at a general meeting of the
Supreme Court of Justice until the revision of the criteria on the performance of duties of
senior judges is made.
Section 297: The Council of Ministers shall appoint an independent legal reform
committee within 90 days of the date of the proclamation of this Constitution. The said
committee shall be in charge of conducting studies and providing advice on the
enactment of laws in accordance with the constitutional provisions. The said committee
shall make a law for the establishment of a legal reform organization under Section 80 (5)
within one year of the date of the proclamation of this Constitution. The said law shall at
contain the provisions promoting public participation in the law drafting process.
Actions taken under paragraph one shall not constitute the reduction of powers and
duties of other agencies in charge of producing laws under their responsibility.
Section 298: Action shall be taken to produce and revise laws on the planning and
procedure of the decentralization of power to local government organizations, the local
law code, and other laws on local State officials in conformity with the provisions of this
Constitution within two years of the date of the proclamation of this Constitution.
Section 299: All actions taken under the provisions of the Constitution of the
Kingdom of Thailand (Interim Edition) of B.E. 2549, including those taken before or
after the proclamation of this Constitution, are regarded as lawful and consistent with this
Constitution.
Countersigned by
President of National Legislative Assembly
