Thailand Constitution
{
Adopted in: 1997 }
{ Official Title: Constitution of the
Kingdom of Thailand }
{ ICL Document Status: 1997 }
{
The raw text of this document has been provided by the Office of
the Council of State, by its Foreign Law Division, at
http://www.krisdika.go.th/html/fslaw_e.htm. That text is a
translation officially certified as true and correct and
recognised by the Council of Ministers as well as all Government
agencies. }
{ Enacted on the 11th Day of October B.E.
2540; Being the 52nd Year of the Present Reign. }
[Preamble]
May
there be virtue. Today is the tenth day of the waxing moon in the
eleventh month of the year of the Ox under the lunar calendar,
being Saturday, the eleventh day of October under the solar
calendar, in the 2540th year of the Buddhist Era.
Phrabat
Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet
Ramathibodi Chakkri Narubodin Sayammintharathirat
Borommanatthabophit is graciously pleased to proclaim that whereas
Constitutions have been promulgated as the principle of the
democratic regime of government with the King as Head of the State
in Thailand for more than sixty-five years, and there had been
annulment and amendment to the Constitutions on several occasions,
it is manifest that the Constitution is changeable depending upon
the situation in the country. In addition, the Constitution must
clearly lay down fundamental rules as the principle of the
administration of the State and the guideline for the preparation
of the organic laws and other laws in conformity therewith; and
whereas the Constitution of the Kingdom of Thailand, B.E. 2534 as
amended by the Constitution Amendment (No. 6), B.E. 2539
established the Constituent Assembly, consisting of ninety- nine
members elected by the National Assembly, charged with the duty to
prepare a draft of a new Constitution as the fundamental of
political reform and His Majesty the King graciously granted an
audience to members of the Constituent Assembly for taking His
Royal speeches and receiving blessings in carrying out this task,
and, thereafter, the Constituent Assembly prepared the draft
Constitution with the essential substance lying in additionally
promoting and protecting rights and liberties of the people,
providing for public participation in the governance and
inspecting the exercise of State power as well as improving a
political structure to achieve more efficiency and stability,
having particular regard to public opinions and observing
procedures provided in the Constitution of the Kingdom of
Thailand, B.E. 2534 as amended by the Constitution Amendment (No.
6), B.E. 2539 (1996) in every respect;
Having carefully
considered the Draft Constitution prepared by the Constituent
Assembly in the light of the situation of the country, the
National Assembly passed a resolution approving the presentation
of the draft Constitution to the King for His Royal signature to
promulgate it as the Constitution of the Kingdom of
Thailand;
Having thoroughly examined the draft Constitution,
the King deemed it expedient to grant His Royal assent in
accordance with the resolution of the National Assembly;
Be it,
therefore, commanded by the King that the Constitution of the
Kingdom of Thailand be promulgated to replace, as from the date of
its promulgation, the Constitution of the Kingdom of Thailand,
B.E. 2534 promulgated on 9th December B.E. 2534.
May the Thai
people unite in observing, protecting and upholding the
Constitution of the Kingdom of Thailand in order to maintain the
democratic regime of government and the sovereign power derived
from the Thai people, and to bring about happiness, prosperity,
and dignity to His Majesty's subjects throughout the Kingdom
according to the will of His
Majesty in every respect.
Section
1 []
Thailand is one and indivisible Kingdom.
Section
2 []
Thailand adopts a democratic regime of government with
the King as Head of the State.
Section
3 []
The sovereign power belongs to the Thai people. The
King as Head of the State shall exercise such power through the
National Assembly, the Council of Ministers and the Courts in
accordance with the provisions of this Constitution.
Section
4 []
The human dignity, right and liberty of the people
shall be protected.
Section
5 []
The Thai people, irrespective of their origins, sexes
or religions, shall enjoy equal protection under this
Constitution.
Section
6 []
The Constitution is the supreme law of the State. The
provisions of any law, rule or regulation, which are contrary to
or inconsistent with this Constitution, shall be unenforceable.
Section
7 []
Whenever no provision under this Constitution is
applicable to any case, it shall be decided in accordance with the
constitutional practice in the democratic regime of government
with the King as Head of the State.
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 Head of the Thai Armed
Forces.
Section
11 []
The King has the prerogative to create titles and
confer decorations.
Section
12 []
The King selects and appoints qualified persons to be
the President of the Privy Council and not more than eighteen
Privy Councillors to constitute the Privy Council.
The Privy
Council has a duty to render such advice to the King on all
matters pertaining to His functions as He may consult, and has
other duties as provided in this Constitution.
Section
13 []
The selection and appointment or the removal of a
Privy Councillor shall depend entirely upon the King's
pleasure.
The President of the National Assembly shall
countersign the Royal Command appointing or removing the President
of the Privy Council.
The President of the Privy council shall
countersign the Royal Command appointing or removing other Privy
Councillors.
Section
14 []
A Privy Councillor shall not be a member of the House
of Representatives, senator, Election Commissioner, Ombudsman,
member of the National Human Rights Commission, judge of the
Constitutional Court, judge of an Administrative Court, member of
the National Counter Corruption Commission, member of the State
Audit Council, Government official holding a permanent position or
receiving a salary, official of a State enterprise, other State
official or holder of other position of member or official of a
political party, and must not manifest loyalty to any political
party.
Section
15 []
Before taking office, a Privy Councillor shall make a
solemn declaration before the King in the following words:
"I,
(name of the declarer), do solemnly declare that I will be loyal
to His Majesty the King and will faithfully perform my duties in
the interests of the country and of the people. I will also uphold
and observe the Constitution of the Kingdom of Thailand in every
respect."
Section
16 []
A Privy Councillor vacates office upon death,
resignation or removal by a Royal Command.
Section
17 []
The appointment and removal of officials of the Royal
Household and of the Royal Chief Aide-de-Camp shall depend
entirely upon the King's pleasure.
Section
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 Regent, and the President of the
National Assembly shall countersign the Royal Command therefor.
Section
19 []
In the case where 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 National
Assembly shall make an announcement, in the name of the King, to
appoint such person as Regent.
During the expiration the term
of the House of Representatives or the dissolution thereof, the
Senate shall act as the National Assembly in giving an approval
under paragraph one.
Section
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 duties as President of the Privy Council. In
such case, the Privy Council shall select a Privy Councillor 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 (name of the King) and will faithfully perform my
duties in the interests of the country and of the people. I will
also uphold and observe the Constitution of the Kingdom of
Thailand in every respect."
During the expiration of the
term of the House of Representatives or the dissolution thereof,
the Senate shall act as the National Assembly under this section.
Section
22 []
Subject to section 23, the succession to the Throne
shall be in accordance with the Palace Law on Succession, B.E.
2467.
The Amendment of the Palace Law on Succession, B.E. 2467
shall be the prerogative of the King. At the initiative of the
King, the Privy Council shall draft the Palace Law Amendment and
shall present it to the King for his consideration. When the King
has already approved the draft Palace Law Amendment and put His
signature thereon, the President of the Privy Council shall notify
the President of the National Assembly for informing the National
Assembly. The President of the National Assembly shall countersign
the Royal Command, and the Palace Law Amendment shall have the
force of law upon its publication in the Government
Gazette.
During the expiration of the term of the House of
Representatives or the dissolution thereof, the Senate shall act
as the National Assembly in acknowledging the matter under
paragraph two.
Section
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 the
acknowledgement thereof, and the President of the National
Assembly shall invite such Heir to ascend the Throne and proclaim
such Heir King.
In the case where the Throne becomes vacant and
the King has not appointed His Heir under paragraph one, the Privy
Council shall submit the name of the Successor to the Throne under
section 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
King.
During the expiration of the term of the House of
Representatives or the dissolution thereof, the Senate shall act
as the National Assembly in acknowledging the matter under
paragraph one or in giving an approval under paragraph two.
Section
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 the
Regent until the proclamation of the name of the Heir or the
Successor to ascend the Throne as King. In the case where the
Regent who has been appointed and continues to be the Regent under
paragraph one is unable to perform his or her duties, the
President of the Privy council shall act as Regent pro tempore.
In the case where the President of the Privy Council is the Regent
under paragraph one or acts as Regent pro tempore under
paragraph two, the provisions of section 20 paragraph three shall
apply.
Section
25 []
In the case where the Privy Council will have to
perform its 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 Councillors 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 the Thai People
Section
26 []
In exercising powers of all State authorities, regard
shall be had to human dignity, rights and liberties in accordance
with the provisions of this Constitution.
Section
27 []
Rights and liberties recognised by this Constitution
expressly, by implication or by decisions of the Constitutional
Court shall be protected and directly binding on the National
Assembly, the Council of Ministers, Courts and other State organs
in enacting, applying and interpreting laws.
Section
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 recognised by this Constitution are violated can invoke
the provisions of this Constitution to bring a lawsuit or to
defend himself or herself in the court.
Section
29 []
The restriction of such rights and liberties as
recognised by the Constitution shall not be imposed on a person
except by virtue of provisions of the law specifically enacted for
the purpose determined by this Constitution and only to the extent
of necessity and provided that it shall not affect the essential
substances of such rights and liberties.
The law under
paragraph one shall be of general application and shall not be
intended to apply to any particular case or person; provided that
the provision of the Constitution authorising its enactment shall
also be mentioned therein. The provisions of paragraph one and
paragraph two shall apply mutatis mutandis to rules or
regulations issued by virtue of the provisions of the law.
Section
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 constitutionally political view,
shall not be permitted.
Measures determined by the State in
order to eliminate obstacle to or to promote persons' ability to
exercise their rights and liberties as other persons shall not be
deemed as unjust discrimination under paragraph three.
Section
31 []
A person shall enjoy the right and liberty in his or
her life and person.
A torture, brutal act, or punishment by a
cruel or inhumane means shall not be permitted; provided, however,
that punishment by death penalty as provided by law shall not be
deemed the punishment by a cruel or inhumane means under this
paragraph.
No arrest, detention or search of person or act
affecting the
right and liberty under paragraph one shall not
be made except by virtue of the law.
Section
32 []
No person shall be inflicted with a criminal
punishment unless he or she has committed an act which the law in
force at the time of commission provides to be an offence and
imposes a punishment therefor, and the punishment to be inflicted
on such person shall not be heavier than that provided by the law
in force at the time of the commission of the offence.
Section
33 []
The suspect or the accused in a criminal case shall
be presumed innocent.
Before the passing of a final judgement
convicting a person of having committed an offence, such person
shall not be treated as a convict.
Section
34 []
A person's family rights, dignity, reputation or the
right of privacy shall be protected.
The assertion or
circulation of a statement or picture in any manner whatsoever to
the public, which violates or affects a person's family rights,
dignity, reputation or the right of privacy, shall not be made
except for the case which is beneficial to the public.
Section
35 []
A person shall enjoy the liberty of dwelling.
A
person is protected for his or her peaceful habitation in and for
possession of his or her dwelling place. The entry into a dwelling
place without consent of its possessor or the search thereof shall
not be made except by virtue of the law.
Section
36 []
A person shall enjoy the liberty of travelling and
the liberty of making the choice of his or her residence within
the Kingdom.
The restriction on such liberties under paragraph
one shall not be imposed except by virtue of the law specifically
enacted for maintaining the security of the State, public order,
public welfare, town and country planing or welfare of the
youth.
No person of Thai nationality shall be deported or
prohibited from entering the Kingdom.
Section
37 []
A person shall enjoy the liberty of communication by
lawful means.
The censorship, detention or disclosure of
communication between persons including any other act disclosing a
statement in the communication between persons shall not be made
except by virtue of the provisions of the law specifically enacted
for security of the State or maintaining public order or good
morals.
Section
38 []
A person shall enjoy full liberty to profess a
religion, a religious sect or creed, and observe religious
precepts or exercise a form of worship in accordance with his or
her belief; provided that it is not contrary to his or her civic
duties, public order or good morals.
In exercising the liberty
referred to in paragraph one, a person is protected from any act
of the State, which is derogatory to his or her rights or
detrimental to his or her due benefits on the grounds of
professing a religion, a religious sect or creed or observing
religious precepts or exercising a form of worship in accordance
with his or her different belief from that of others.
Section
39 []
A person shall enjoy the liberty to express his or
her opinion, make speeches, write, print, publicise, and make
expression by
other means.
The restriction on liberty under
paragraph one shall not be imposed except by virtue of the
provisions of the law specifically enacted for the purpose of
maintaining the security of the State, safeguarding the rights,
liberties, dignity, reputation, family or privacy rights of other
person, maintaining public order or good morals or preventing the
deterioration of the mind or health of the public.
The closure
of a pressing house or a radio or television station in
deprivation of the liberty under this section shall not be
made.
The censorship by a competent official of news or
articles before their publication in a newspaper, printed matter
or radio or television broadcasting shall not be made except
during the time when the country is in a state of war or armed
conflict; provided that it must be made by virtue of the law
enacted under the provisions of paragraph two.
The owner of a
newspaper or other mass media business shall be a Thai national as
provided by law.
No grant of money or other properties shall be
made by the State as subsidies to private newspapers or other mass
media.
Section
40 []
Transmission frequencies for radio or television
broadcasting and radio telecommunication 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 businesses as provided by
law.
In carrying out the act under paragraph two, regard shall
be had to utmost public benefit at national and local levels in
education, culture, State security, and other public interests
including fair and free competition.
Section
41 []
Officials or employees in a private sector
undertaking newspaper or radio or television broadcasting
businesses shall enjoy their liberties to present news and express
their opinions under the constitutional restrictions without the
mandate of any State agency, State enterprise or the owner of such
businesses; provided that it is not contrary to their professional
ethics.
Government officials, officials or employees of a State
agency or State enterprise engaging in the radio or television
broadcasting business enjoy the same liberties as those enjoyed by
officials or employees under paragraph one.
Section
42 []
A person shall enjoy an academic freedom.
Education,
training, learning, teaching, researching and disseminating such
research according to academic principles shall be protected;
provided that it is not contrary to his or her civic duties or
good morals.
Section
43 []
A person shall enjoy an equal right to receive the
fundamental education for the duration of not less than twelve
years which shall be provided by the State thoroughly, up to the
quality, and without charge.
In providing education by the
State, regard shall be had to participation of local government
organisations and the private sector as provided by law.
The
provision of education by professional organisations and the
private sector under the supervision of the State shall be
protected as provided by law.
Section
44 []
A person shall enjoy the liberty to assemble
peacefully and without arms.
The restriction on such liberty
under paragraph one shall not be
imposed except by virtue of
the law specifically enacted for the case of public assembling and
for securing public convenience in the use of public places or for
maintaining public order during the time when the country is in a
state of war, or when a state of emergency or martial law is
declared.
Section
45 []
A person shall enjoy the liberty to unite and form an
association, a union, league, co-operative, farmer group, private
organisation or any other group.
The restriction on such
liberty under paragraph one shall not be imposed except by virtue
of the law specifically enacted for protecting the common interest
of the public, maintaining public order or good morals or
preventing economic monopoly.
Section
46 []
Persons so assembling as to be a traditional
community shall have the right to conserve or restore their
customs, local knowledge, arts or good culture of their community
and of the nation and participate in the management, maintenance,
preservation and exploitation of natural resources and the
environment in a balanced fashion and persistently as provided by
law.
Section
47 []
A person shall enjoy the liberty to unite and form a
political party for the purpose of making political will of the
people and carrying out political activities in fulfilment of such
will through the democratic regime of government with the King as
Head of the State as provided in this Constitution.
The
internal organisation, management and regulations of a political
party shall be consistent with fundamental principles of the
democratic regime of government with the King as Head of the
State.
Members of the House of Representatives who are members
of a political party, members of the Executive Committee of a
political party, or members of a political party, of not less than
the number prescribed by the organic law on political parties
shall, if of the opinion that their political party's resolution
or regulation on any matter is contrary to the status and
performance of duties of a member of the House of Representatives
under this Constitution or contrary to or inconsistent with
fundamental principles of the democratic regime of government with
the King as Head of the State, have the right to refer it to the
Constitutional Court for decision thereon.
In the case where
the Constitutional Court decides that such resolution or
regulation is contrary to or inconsistent with fundamental
principles of the democratic regime of government with the King as
Head of the State, such resolution or regulation shall lapse.
Section
48 []
The property right of a person is protected. The
extent and the restriction of such right shall be in accordance
with the provisions of the law.
The succession is protected.
The right of succession of a person shall be in accordance with
the provisions of the law.
Section
49 []
The expropriation of immovable property shall not be
made except by virtue of the law specifically enacted for the
purpose of public utilities, necessary national defence,
exploitation of national resources, town and country planning,
promotion and preservation of the quality of the environment,
agricultural or industrial development, land reform, or other
public interests, and fair compensation shall be paid in due time
to the owner thereof as well as to all persons having the rights
thereto, who suffer loss by such expropriation, as provided by
law.
The amount of compensation under paragraph one shall
be
fairly assessed with due regard to the normal purchase
price, mode of acquisition, nature and situation of the immovable
property, and loss of the person whose property or right thereto
is expropriated.
The law on expropriation of immovable property
shall specify the purpose of the expropriation and shall clearly
determine the period of time to fulfil that purpose. If the
immovable property is not used to fulfil such purpose within such
period of time, it shall be returned to the original owner or his
or her heir.
The return of immovable property to the original
owner or his or her heir under paragraph three and the claim of
compensation paid shall be in accordance with the provisions of
the law.
Section
50 []
A person shall enjoy the liberties to engage in an
enterprise or an occupation and to undertake a fair and free
competition.
The restriction on such liberties under paragraph
one shall not be imposed except by virtue of the law specifically
enacted for maintaining the security and safety of the State or
economy of the country, protecting the public in regard to public
utilities, maintaining public order and good morals, regulating
the engagement in an occupation, consumer protection, town and
country planning, preserving natural resources or the environment,
public welfare, preventing monopoly, or eliminating unfair
competition.
Section
51 []
Forced labour shall not be imposed except by virtue
of the law specifically enacted for the purpose of averting
imminent public calamity or by virtue of the law which provides
for its imposition during the time when the country is in a state
of war or armed conflict, or when a state of emergency or martial
law is declared.
Section
52 []
A person shall enjoy an equal right to receive
standard public health service, and the indigent shall have the
right to receive free medical treatment from public health centres
of the State, as provided by law.
The public health service by
the State shall be provided thoroughly and efficiently and, for
this purpose, participation by local government organisations and
the private sector shall also be promoted insofar as it is
possible.
The State shall prevent and eradicate harmful
contagious diseases for the public without charge, as provided by
law.
Section
53 []
Children, youth and family members shall have the
right to be protected by the State against violence and unfair
treatment.
Children and youth with no guardian shall have the
right to receive care and education from the State, as provided by
law.
Section
54 []
A person who is over sixty years of age and has
insufficient income shall have the right to receive aids from the
State, as provided by law.
Section
55 []
The disabled or handicapped shall have the right to
receive public conveniences and other aids from the State, as
provided by law.
Section
56 []
The right of a person to give to the State and
communities participation in the preservation and exploitation of
natural resources and biological diversity and in the protection,
promotion and preservation of the quality of the environment for
usual and consistent survival in the environment which is not
hazardous to his or her health and sanitary c ondition,
welfare
or quality of life, shall be protected, as provided by law.
Any
project or activity which may seriously affect the quality of the
environment shall not be permitted, unless its impacts on the
quality of the environment have been studied and evaluated and
opinions of an independent organisation, consisting of
representatives from private environmental organisations and from
higher education institutions providing studies in the
environmental field, have been obtained prior to the operation of
such project or activity, as provided by law.
The right of a
person to sue a State agency, State enterprise, local government
organisation or other State authority to perform the duties as
provided by law under paragraph one and paragraph two shall be
protected.
Section
57 []
The right of a person as a consumer shall be
protected as provided by law.
The law under paragraph one shall
provide for an independent organisation consisting of
representatives of consumers for giving opinions on the enactment
and issuance of law, rules and regulations and on the
determination of various measures for consumer protection.
Section
58 []
A person shall have the right to get access to public
information in possession of a State agency, State enterprise or
local government organisation, unless the disclosure of such
information shall affect the security of the State, public safety
or interests of other persons which shall be protected as provided
by law.
Section
59 []
A person shall have the right to receive information,
explanation and reason from a State agency, State enterprise or
local government organisation before permission is given for the
operation of any project or activity which may affect the quality
of the environment, health and sanitary conditions, the quality of
life or any other material interest concerning him or her or a
local community and shall have the right to express his or her
opinions on such matters in accordance with the public hearing
procedure, as provided by law.
Section
60 []
A person shall have the right to participate in the
decision-making process of State officials in the performance of
administrative functions which affect or may affect his or her
rights and liberties, as provided by law.
Section
61 []
A person shall have the right to present a petition
and to be informed of the result of its consideration within the
appropriate time, as provided by law.
Section
62 []
The right of a person to sue a State agency, State
enterprise, local government organisation or other State authority
which is a juristic person to be liable for an act or omission
done by its Government official, official or employee shall be
protected, as provided by law.
Section
63 []
No person shall exercise the rights and liberties
prescribed in the Constitution to overthrow the democratic regime
of government with the King as Head of the State under this
Constitution or to acquire the power to rule the country by any
means which is not in accordance with the modes provided in this
Constitution.
In the case where a person or a political party
has committed the act under paragraph one, the person knowing of
such act
shall have the right to request the Prosecutor General
to investigate its facts and submit a motion to the Constitutional
Court for ordering cessation of such act without, however,
prejudice to the institution of a criminal action against such
person.
In the case where the Constitutional Court makes a
decision compelling the political party to cease to commit the act
under paragraph two, the Constitutional Court may order the
dissolution of such political party.
Section
64 []
Members of the armed forces or the police force,
Government officials, officials or employees of State agencies,
State enterprises or local government organisations shall enjoy
the same rights and liberties under the Constitution as those
enjoyed by other persons, unless such enjoyment is restricted by
law, by-law or regulation issued by virtue of the law specifically
enacted in regard to politics, efficiency, disciplines or ethics.
Section
65 []
A person shall have the right to resist peacefully
any act committed for the acquisition of the power to rule the
country by a means which is not in accordance with the modes
provided in this Constitution.
Chapter IV Duties of the Thai People
Section
66 []
Every person shall have a duty to uphold the Nation,
religions, the King and the democratic regime of government with
the King as Head of the State under this Constitution.
Section
67 []
Every person shall have a duty to obey the law.
Section
68 []
Every person shall have a duty to exercise his or her
right to vote at an election.
The person who fails to attend an
election for voting without notifying the appropriate cause of
such failure shall lose his or her right to vote as provided by
law.
The notification of the cause of failure to attend an
election and the provision of facilities for attendance thereat
shall be in accordance with the provisions of the law.
Section
69 []
Every person shall have a duty to defend the country,
serve in armed forces, pay taxes and duties, render assistance to
the official service, receive education and training, protect and
pass on to conserve and the national arts and culture and local
knowledge and conserve natural resources and the environment, as
provided by law.
Section
70 []
A Government official, official or employee of a
State agency, State enterprise or local government organisation
and other State official shall have a duty to act in compliance
with the law in order to protect public interests, and provide
convenience and services to the public.
In performing the duty
and other acts relating to the public, the persons under paragraph
one shall be politically impartial.
In the case where the
persons under paragraph one neglect or fail to perform the duties
under paragraph one or paragraph two, the interested person shall
have the right to request the persons under paragraph one or their
superiors to explain reasons and request them to act in compliance
with the provisions of paragraph one or paragraph two.
Chapter V Directive Principles of Fundamental State Policies
Section
71 []
The State shall protect and uphold the institution of
kingship and the independence and integrity of its territories.
Section
72 []
The State shall arrange for the maintenance of the
armed forces for the protection and upholding of its independence,
security of the State, institution of kingship, national interests
and the democratic regime of government with the King as Head of
the State, and for national development.
Section
73 []
The State shall patronise and protect Buddhism and
other religions, promote good understanding and harmony among
followers of all religions as well as encourage the application of
religious principles to create virtue and develop the quality of
life.
Section
74 []
The State shall promote friendly relations with other
countries and adopt the principle of non-discrimination.
Section
75 []
The State shall ensure the compliance with the law,
protect the rights and liberties of a person, provide efficient
administration of justice and serve justice to the people
expediently and equally and organise an efficient system of public
administration and other State affairs to meet people's
demand.
The State shall allocate adequate budgets for the
independent administration of the Election Commission, the
Ombudsmen, the National Human Rights Commission, the
Constitutional Court, the Courts of Justice, the Administrative
Courts, the National Counter Corruption Commission and the State
Audit Commission. readiness
Section
76 []
The State shall promote and encourage public
participation in laying down policies, making decision on
political issues, preparing economic, social and political
development plans, and inspecting the exercise of State power at
all levels.
Section
77 []
The State shall prepare a political development plan,
moral and ethical standard of holders of political positions,
Government officials, officials and other employees of the State
in order to prevent corruption and create efficiency of the
performance of duties.
Section
78 []
The State shall decentralise powers to localities for
the purpose of independence and self-determination of local
affairs, develop local economics, public utilities and facilities
systems and information infrastructure in the locality thoroughly
and equally throughout the country as well as develop into a
large-sized local government organisation a province ready for
such purpose, having regard to the will of the people in that
province.
Section
79 []
The State shall promote and encourage public
participation in the preservation, maintenance and balanced
exploitation of natural resources and biological diversity and in
the promotion, maintenance and protection of the quality of the
environment in accordance with the persistent development
principle as well as the control and elimination of pollution
affecting public health, sanitary conditions, welfare and quality
of life.
Section
80 []
The State shall protect and develop children and the
youth, promote the equality between women and men, and
create,
reinforce and develop family integrity and the strength
of communities.
The State shall provide aids to the elderly,
the indigent, the disabled or handicapped and the underprivileged
for their good quality of life and ability to depend on
themselves.
Section
81 []
The State shall provide and promote the private
sector to provide education to achieve knowledge alongside
morality, provide law relating to national education, improve
education in harmony with economic and social change, create and
strengthen knowledge and instil right awareness with regard to
politics and a democratic regime of government with the King as
Head of the State, support researches in various sciences,
accelerate the development of science and technology for national
development, develop the teaching profession, and promote local
knowledge and national arts and culture.
Section
82 []
The State shall thoroughly provide and promote
standard and efficient public health service.
Section
83 []
The State shall implement fair distribution of
incomes.
Section
84 []
The State shall organise the appropriate system of
the holding and use of land, provide sufficient water resources
for farmers and protect the interests of farmers in the production
and marketing of agricultural products to achieve maximum
benefits, and promote the assembling of farmers with a view to
laying down agricultural plans and protecting their mutual
interests.
Section
85 []
The State shall promote, encourage and protect the
co-operatives system.
Section
86 []
The State shall promote people of working age to
obtain employment, protect labour, especially child and woman
labour, and provide for the system of labour relations, social
security and fair wages.
Section
87 []
The State shall encourage a free economic system
through market force, ensure and supervise fair competition,
protect consumers, and prevent direct and indirect monopolies,
repeal and refrain from enacting laws and regulations controlling
businesses which do not correspond with the economic necessity,
and shall not engage in an enterprise in competition with the
private sector unless it is necessary for the purpose of
maintaining the security of the State, preserving the common
interest, or providing public utilities.
Section
88 []
The provisions of this Chapter are intended to serve
as directive principles for legislating and determining policies
for the administration of the State affairs.
In stating its
policies to the National Assembly under section 211, the Council
of Ministers which will assume the administration of the State
affairs shall clearly state to the National Assembly the
activities intended to be carried out for the administration of
the State affairs in implementation of the directive principles of
fundamental State policies provided in this Chapter and shall
prepare and submit to the National Assembly an annual report on
the result of the implementation, including problems and obstacles
encountered.
Section
89 []
For the purpose of the implementation of this
Chapter, the State shall establish the National Economic and
Social Council to be charged with the duty to give advice and
recommendations to the Council of Ministers on economic and social
problems.
A national economic and social development plan and
other plans as provided by law shall obtain opinions of the
National Economic and Social Council before they can be adopted
and published.
The composition, source, powers and duties and
the operation of the National Economic and Social Council shall be
in accordance with the provision of law.
Chapter VI The National Assembly
Section
90 []
The National Assembly consists of the House of
Representatives and the Senate.
Joint or separate sittings of
the National Assembly shall be in accordance with the provisions
of this Constitution.
Section
91 []
The President of the House of Representatives is
President of the National Assembly. The President of the Senate is
Vice- President of the National Assembly.
In the case where
there is no President of the House of Representatives, or the
President of the House of Representatives is not present or is
unable to perform his or her duties, the President of the Senate
shall act as President of the National Assembly in his or her
place.
The President of the National Assembly shall have the
powers and duties as provided in this Constitution and shall
conduct the proceedings of the National Assembly at joint sittings
in accordance with the rules of procedure.
The President of the
National Assembly and the person who acts as President of the
National Assembly in his or her place shall be impartial in the
performance of duties.
The Vice-President of the National
Assembly shall have the powers and duties as provided in this
Constitution and as entrusted by the President of the National
Assembly.
Section
92 []
A bill or an organic law bill may be enacted as law
only by and with the advice and consent of the National Assembly.
Section
93 []
After a bill or an organic law bill has already been
approved by the National Assembly, the Prime Minister shall
present it to the King for signature within twenty days as from
the date of the receipt of such bill from the National Assembly,
and it shall come into force upon its publication in the
Government Gazette.
Section
94 []
If the King refuses His assent to a bill or an
organic law bill and either returns it to the National Assembly or
does not return it within ninety days, the National Assembly must
re-deliberate such bill. If the National Assembly resolves to
reaffirm the bill with the votes of not less than two-thirds of
the total number of existing members of both Houses, the Prime
Minister shall present such bill to the King for signature once
again. If the King does not sign and return the bill within thirty
days, the Prime Minister shall cause the bill to be promulgated as
an Act in the Government Gazette as if the King had signed it.
Section
95 []
No person shall be a member of the House
Representatives or a senator simultaneously.
Section
96 []
Members of the House of Representatives or senators
of not less than one-tenth of the total number of the existing
members of each House have the right to lodge with the President
of the House of which they are members a complaint asserting that
the membership of any member of such House has terminated under
section 118 (3), (4), (5), (6), (7), (8), (9), (11), or (12) or
section 133 (3), (4), (5), (6), (7), (9), or (10), as the case may
be, and the President of the House with whom the complaint is
lodged shall refer it to the Constitutional Court for decision as
to whether the membership of such person has terminated.
When
the Constitutional Court has made a decision, it shall notify the
President of the House with which the complaint is lodged under
paragraph one of such decision.
Section
97 []
The vacation of the office of a member of the House
of Representatives or a senator after the day on which his or her
membership terminates or the day on which the Constitutional Court
decides that the membership of any member terminates does not
affect any act done by such member in the capacity as member
including the receipt of emolument or other remuneration by such
member before he or she vacates office or the President of the
House of which such person is a member has been notified of the
decision of the Constitutional Court, as the case may be, except
that in the case of vacation of office on the ground of his or her
being elected in violation of the organic law on the election of
members of the House of Representatives and senators, emolument
and other remuneration received from being in office shall be
returned.
Part 2 The House of Representatives
Section
98 []
The House of Representatives consists of five hundred
members, one hundred of whom are from the election on a party-list
basis under section 99 and four hundred of whom are from the
election on a constituency basis under section 102.
In the case
where the office of a member of the House of Representatives
becomes vacant for any reason and an election of a member of the
House of Representatives has not been held to fill the vacancy,
the House of Representatives shall consist of the existing members
of the House.
Section
99 []
In an election of members of the House of
Representatives on a party-list basis, a voter shall have the
right to cast ballot from the lists of candidates prepared by
political parties; provided that only one party-list may be voted
for and the territory of Thailand shall be regarded as the whole
constituency.
The party-lists of candidates in the election
under paragraph one shall be prepared by political parties. Each
party shall prepare one list which shall contain not more than one
hundred persons and be submitted to the Election Commission before
the date an application for candidacy in an election on the
constituency basis commences.
Names of persons in the
party-list under paragraph one shall:
1) consist of the names
of candidates from equitably various regions;
2) not be
repeated by the names in the lists prepared by other political
parties and names of candidates in the election on the
constituency basis under section 102 and;
3) be placed in
numerical order.
Section
100 []
The list of any political party receiving votes of
less than five percent of the total number of votes throughout the
country shall be regarded as one for which no person listed
therein is elected and such votes shall not be reckoned in the
determination of the proportional number of the members of
the
House of Representatives under paragraph two.
The
determination of the proportion of votes received by the party-
list of each political party according to which the persons whose
names are listed therein shall be regarded as being elected in
that proportion shall be in accordance with rules, procedure and
conditions provided by the organic law on the election of members
of the House of Representatives and senators.
It shall be
deemed that the candidates whose names are in the list of each
political party are elected in respective order of the allocated
numbers in the list in accordance with such proportional number of
the members of the House of Representatives as determined for that
list.
Section
101 []
Subject to section 119(1), in the case where there
occurs, during the term of the House of Representatives, any cause
resulting in the members elected from the election on a party-list
basis being less than one hundred in number, such members shall
consist of the existing members.
Section
102 []
In the election of members of the House of
Representatives on a constituency basis, the person having the
right to vote shall cast ballot for one candidate in each
constituency.
The determination of the ratio of the number of
inhabitants to one member shall be made by reference to the
division of such number of inhabitants throughout the country as
evidenced in the census announced in the year preceding the year
of election by the number of four hundred members of the House of
Representatives.
The number of members of the House of
Representatives of each Changwat [electoral district] shall be
determined by the division of the number of inhabitants in that
Changwat [electoral district] by such number of inhabitants per
one member as determined under paragraph two. Any Changwat
[electoral district] with inhabitants below the number of
inhabitants per one member under paragraph two shall have one
member of the House of Representative. Any Changwat [electoral
district] with more inhabitants than the number of inhabitants per
one member shall have an additional member of the House of
Representatives for every such number of inhabitants as
representing the number of inhabitants per one member.
Upon the
number of members of the House of Representatives of each Changwat
[electoral district] being obtained under paragraph three, if the
number of members of the House of Representatives is still less
than four hundred, any Changwat [electoral district] with the
largest fraction remaining from the determination under paragraph
three shall have an additional member of the House of
Representatives and the addition of the members of the House of
Representatives in accordance with such procedure shall be made to
Changwat [electoral district]s in respective order of fractions
remaining from the determination under paragraph three until the
number of four hundred is obtained.
Section
103 []
In a Changwat [electoral district] where the number
of members of the House of Representatives to be elected is not
more than one, the area of that Changwat [electoral district]
shall be regarded as the constituency and in a Changwat [electoral
district] where the number of members of the House of
Representatives is more than one, such Changwat [electoral
district] shall be divided into constituencies in the number equal
to such number of members of the House of Representatives as may
be elected therein and, for this purpose, each constituency shall
have one member of the House of Representatives.
In a Changwat
[electoral district] which is divided into more constituencies
than one, the boundary of each constituency shall
be adjoining
and the number of inhabitants in each constituency must be closely
apportioned.
Section
104 []
In a general election, a voter shall have the right
to cast ballot for only one list of candidates prepared by the
political party and, in an election on a constituency basis, for
one candidate in that constituency.
In an election of a member
of the House of Representatives to replace the member of the House
of Representatives elected on a constituency basis whose office
becomes vacant under section 119(2), a voter shall have the right
to cast ballot for one candidate in that constituency.
The
election shall be by direct suffrage and secret ballot.
In each
constituency, the counting of votes from every polling station
altogether shall be conducted and the result of the vote-counting
shall be a nnounced publicly at any single place in that
constituency as designated by the Election Commission, except that
in the case where necessity arises in a particular locality, the
Election Commission may provide otherwise in accordance with the
organic law on the election of members of the House of
Representatives and senators. The provisions of paragraph four
shall apply mutatis mutandis to the counting and
announcement of votes received by each party-list in each
constituency under section 103.
Section
105 []
A person having the following qualifications has the
right to vote at an election:
1) being of Thai nationality;
provided that a person who has acquired Thai nationality by
naturalisation must hold the Thai nationality for not less than
five years;
2) being not less than eighteen years of age on 1st
January of the year of the election; and
3) having his or her
name appear on the house register in the constituency for not less
than ninety days up to the date of the election.
A voter who
has a residence outside the constituency under section 103 within
which his or her name appear in the house register, or who has his
or her name appear in the house register in the constituency for
the period of less than ninety days up to the date of the
election, or who has a residence outside the Kingdom of Thailand
shall have the right to cast ballot in an election in accordance
with rules, procedure and conditions provided by the organic law
on the election of members of the House of Representatives and
senators.
Section
106 []
A person under any of the following prohibitions on
the election day is disfranchised:
1) being of unsound mind or
of mental infirmity;
2) being a Buddhist priest, novice, monk
or clergy;
3) being detained by a warrant of the Court or by a
lawful order;
4) being under suspension of the right to vote.
Section
107 []
A person having the following qualifications has the
right to be a candidate in an election of members of the House of
Representatives:
1) being of Thai nationality by birth;
2)
being not less than twenty five years of age on the election
day;
3) having graduated with not lower than a Bachelor's
degree or its equivalent except for the case of having been a
member of the House of Representatives or a senator before;
4)
being a member of any and only one political party, for a
consecutive period of not less than ninety days, up to the date of
applying for candidacy in an election;
5) a candidate in an
election on a constituency basis shall also
possess any of the
following qualifications:
a) having his or her name appear in
the house register in Changwat [electoral district] where he or
she stands for election for a consecutive period of not less than
one year up to the date of applying for candidacy;
b) having
been a member of the House of Representatives in Changwat
[electoral district] where he or she stands for election, a member
of a local assembly or a local administrator of such Changwat
[electoral district] before;
c) being born in Changwat
[electoral district] where he or she stands for election;
d)
having studied in an education institution situated in Changwat
[electoral district] where he or she stands for election for a
consecutive period of not less than two academic years before;
e)
having served in the official service before or having had his or
her name appear in the house register in Changwat [electoral
district] where he or she stands for election for a consecutive
period of not less than two years before.
Section
108 []
A political party sending member to stand for
election in any constituency shall send only one member in such
constituency.
Section
109 []
A person under any of the following prohibitions
shall have no right to be a candidate in an election of members of
the House of Representatives:
1) being addicted to drugs;
2)
being an undischarged bankrupt;
3) being disfranchised under
section 106(1), (2) or (4);
4) having been sentenced by a
judgement to imprisonment and being detained by a warrant of the
Court;
5) having been discharged for a period of less than five
years on the election day after being sentenced by a judgement to
imprisonment for a term of two years or more except for an offence
committed through negligence;
6) having been expelled,
dismissed or removed from the official service, a State agency or
a State enterprise on the ground of dishonest performance of
duties or corruption;
7) having been ordered by a judgement or
an order of the Court that his or her assets shall dissolve on the
State on the ground of unusual wealthiness or an unusual increase
of his or her assets;
8) being a Government official holding a
permanent position or receiving salary except a political
official;
9) being a member of a local assembly or a local
administrator;
10) being a senator;
11) being an official or
employee of a State agency, State enterprise or local government
organisation, or other State official;
12) being an Election
Commissioner, an Ombudsman, a member of the National Human Right
Commission, a judge of the Constitutional Court, a judge of an
Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission;
13) being
under the prohibition from holding a political position under
section 295;
14) having been removed from office by the
resolution of the Senate under section 307; provided that, from
the date of the resolution to the election day, the period of five
years has not elapsed.
Section
110 []
A member of the House of Representatives shall
not:
1) hold any position or have any duty in any State agency
or State enterprise, or hold a position of member of a local
assembly, local administrator or local government official except
other political official other than Minister;
2) receive any
concession from the State, a State agency or
State enterprise,
or become a party to a contract of the nature of economic monopoly
with the State, a State agency or State enterprise, or a become
partner or shareholder in a partnership or company receiving such
concession or becoming a party to the contract of that nature;
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 this section shall not apply in the
case where a member of the House of Representatives receives
military pensions, gratuities, pensions, annuities or any other
form of payment of the same nature, and shall not apply in the
case where a member of the House of Representatives accepts or
holds a position of committee member of the National Assembly, the
House of Representatives or the Senate, or committee member
appointed as a qualified member under the provisions of law or
committee member appointed in the course of the administration of
the State affairs in case he or she holds a position of other
political official other than Minister.
Section
111 []
A member of the House of Representatives shall not,
through the status or position of member of the House of
Representatives, interfere or intervene in the recruitment,
appointment, reshuffle, transfer, promotion and elevation of the
salary scale of a Government official holding a permanent position
or receiving salary and not being a political official, an
official or employee of a State agency, State enterprise or local
government organisation, or cause such persons to be removed from
office.
Section
112 []
Subject to the provisions of this Constitution,
rules and procedure for an election of members of the House of
Representatives shall be in accordance with the organic law on the
election of members of the House of Representatives and senators.
Section
113 []
In the interest of honesty and fairness of an
election of members of the House of Representatives, the State
shall provide support for the election in the following
matters:
1) preparing places for posting notices and posters
relating to the election in public places owned by the State;
2)
publishing and supplying to persons having the right to vote
documents relating to the election;
3) providing places for
election campaigns to candidates in the election;
4) allocating
radio and television broadcasting time to political parties;
5)
other activities specified by Notifications of the Election
Commission.
The activities under (1), (4) and (5) by candidates
in the election, political parties or other persons other than the
State shall not be permitted.
Rules, conditions and procedure
for carrying out the acts under this section shall be in
accordance with the organic law on the election of members of the
House of Representatives and senators, which shall afford equal
opportunities.
Section
114 []
The term of the House of Representatives is four
years from the election day.
Section
115 []
Upon the expiration of the term of the House of
Representatives, the King will issue a Royal Decree calling for a
general election of members of the House of Representatives in
which the election day must be fixed within forty five days
as
from the date of the expiration of the term of the House of
Representatives and the election day must be the same throughout
the Kingdom.
Section
116 []
The King has the prerogative to dissolve the House
of Representatives for a new election of members of the House.
The
dissolution of the House of Representatives shall be made in the
form of a Royal Decree in which the day for a new general election
must be fixed within sixty days and such election day must be the
same throughout the Kingdom.
The dissolution of the House of
Representatives may be made only once under the same circumstance.
Section
117 []
Membership of the House of Representatives commences
on the election day.
Section
118 []
Membership of the House of Representatives
terminates upon:
1) expiration of the term or dissolution of
the House of Representatives;
2) death;
3) resignation;
4)
being disqualified under section 107;
5) being under any
prohibition provided in section 109(1), (2), (3), (5), (6), (7),
(8), (9), (10), (11), (12), (13) or (14);
6) acting in
contravention of any prohibition under section 110 or section
111;
7) being appointed Prime Minister or Minister;
8)
resignation from membership of his or her political party or his
or her political party passing a resolution, with the votes of not
less than three- fourths of the joint meeting of the Executive
Committee of that political party and members of the House of
Representatives belonging to that political party, terminating his
or her membership of the political party. In such cases, his or
her membership shall be deemed to have terminated as from the date
of the resignation or the resolution of the political party except
where such member of the House of Representatives appeals to the
Constitutional Court within thirty days as from the date of the
resolution of the political party for raising an objection that
such resolution is of such nature as specified in section 47
paragraph three. If the Constitutional Court decides that the said
resolution is not of the nature as specified in section 47
paragraph three, his or her membership shall be deemed to have
terminated as from the date of the decision of the Constitutional
Court. If the Constitutional Court decides that the said
resolution is of such nature as specified in section 47 paragraph
three, that member of the House of Representatives may become a
member of another political party within thirty days as from the
date of the decision of the Constitutional Court;
9) loss of
membership of the political party in the case where the political
party of which he or she is a member is dissolved by an order of
the Constitutional Court and he or she is unable to become a
member of another political party within sixty days as from the
date on which the Constitutional Court issues its order. In such
case, his or her membership shall be deemed to have terminated as
from the day following the date on which such period of sixty days
has elapsed;
10) the Senate passing a resolution under section
307 removing him or her from office or the Constitutional Court
having a decision terminating his or her membership under section
96. In such case, his or her membership shall be deemed to have
terminated as from the date on which the Senate passes a
resolution or the Constitutional Court has a decision, as the case
may be;
11) having been absent for more than one-fourth of the
number of days in a session the length of which is not less than
ninety days without permission of the President of the House
of
Representatives;
12) having been imprisoned by a final
judgement to a term of imprisonment except for an offence
committed through negligence or a petty offence.
The
termination of membership of the House of Representatives under
(7) shall be effective as from the day following the date on which
the period of thirty days, from the date of the appointment by the
Royal Command, has elapsed.
Section
119 []
When the office of member of the House of
Representatives becomes vacant for any reason other than the
expiration of the term or the dissolution of the House of
Representatives, the following actions shall be taken:
1) in
the case where the vacancy is that of the office of a member of
the House of Representatives listed in the list prepared by a
political party under section 99, the President of the House of
Representatives shall, by publication in the Government Gazette
within seven days as from the date of the vacancy, elevate the
person whose name in the list of that political party is placed in
the next order to be a replacing member of the House of
Representatives;
2) in the case where the vacancy is that of
the office of a member of the House of Representatives elected
from the election on a constituency basis under section 102, an
election of a member of the House of Representatives to fill the
vacancy shall be held within forty five days as from the date of
the vacancy unless the remainder of the term of the House of
Representatives is less than one hundred and eighty
days.
Membership of the replacing member of the House of
Representatives under (1) shall commence as from the day following
the date of the publication of the name of the replacing member,
while membership of the replacing member of the House of
Representatives under (2) shall commence as from the day on which
the election to fill the vacancy is held. The replacing member of
the House of Representatives may serve only for the remainder of
the term of the House.
Section
120 []
After the Council of Ministers has assumed the
administration of the State affairs, the King will appoint as
Leader of the Opposition in the House of Representatives a member
of the House who is the leader of the political party having its
members holding no ministerial positions and having the largest
number of members among the political parties having their members
holding no ministerial positions, provided that such number must
not be less than one-fifth of the total number of members of the
House of Representatives at the time of the appointment.
In the
case where no political party in the House of Representatives
meets the condition as prescribed under paragraph one, the leader
of the political party, who receives a majority of supporting
votes from the members of the House who belong to the political
parties 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 152 shall
apply mutatis mutandis, and in such case, the King will
appoint a new Leader of the Opposition in the House of
Representatives to fill the vacancy.
Section
121 []
The Senate shall consist of two hundred members to
be elected by the people.
In the case where the office of the
senator becomes vacant for any reason whatsoever and an election
of a senator to fill the vacancy has not yet been held, the Senate
shall consist of the remaining senators.
Section
122 []
In an election of senators, the area of Changwat
[electoral district] shall be regarded as one constituency. The
number of senators each Changwat [electoral district] can have
shall be determined in accordance with the procedure provided in
section 102 paragraph two, paragraph three and paragraph four
mutatis mutandis.
Section
123 []
The person having the right to vote at an election
of senators may cast ballot, at the election, for one candidate in
that constituency.
The election shall be by direct suffrage and
secret ballot.
In the case where a Changwat [electoral
district] can have more than one senator, the candidates who
receive the highest number of votes in respective order in the
number of senators that Changwat [electoral district] can have
shall be elected as senators.
Section
124 []
The provisions of section 105 and section 106 shall
apply mutatis mutandis to the qualifications and
prohibitions to which a person having the right to be a candidate
in an election of senators shall be subjected.
Section
125 []
A person having the following qualifications has the
right to be a candidate in an election of senators:
1) being of
Thai nationality by birth;
2) being of not less than forty
years of age on the election day;
3) having graduated with not
lower than a Bachelor's degree or its equivalent;
4) having any
of the qualifications under section 107(5).
Section
126 []
A person under any of the following qualifications
shall have no right to be a candidate in an election of
senators:
1) being a member of or holder of other position of a
political party;
2) being a member of the House of
Representatives or having been a member of the House of
Representatives and his or her membership has terminated for not
yet more than one year up to the date of applying for the
candidacy;
3) being or having been a senator in accordance with
the provisions of this Constitution during the term of the Senate
preceding the application for the candidacy;
4) being
disfranchised under section 109(1), (2), (3), (4), (5), (6), (7),
(8), (9), (11), (12), (13) or (14).
Section
127 []
A senator shall not be a Minister or other political
official.
The person having held office of senator with
membership having terminated for not more than one year, shall not
be a Minister or other political official unless the membership
has terminated under section 133(1).
Section
128 []
The provisions of section 110 and section 111 shall
also apply mutatis mutandis to the prohibitions to which a
senator shall be subjected.
Section
129 []
Subject to the provisions of this Constitution,
rules and
procedure for an election of senators shall be in
accordance with the organic law on the election of members of the
House of Representatives and senators.
For the purpose of equal
introduction of candidates in the election, the State shall carry
out the following acts:
1) causing notices and posters relating
to the election and candidates in the election to be posted;
2)
publishing and furnishing to persons having the right to vote
documents relating to the election and candidates in the
election;
3) providing places and allocating radio and
television broadcasting time for introducing candidates in the
election;
4) carrying out other acts as prescribed by the
Election Commission.
Rules and procedure for carrying out the
acts under paragraph two shall be in accordance with the organic
law on the election of members of the House of Representatives and
senators.
The introduction of candidates by themselves or other
persons is permitted only insofar as provided in the organic law
on the election of members of the House of Representatives and
senators.
Section
130 []
The term of the Senate is six years as from the
election day.
Section
131 []
Upon expiration of the term of the Senate, the King
will issue a Royal Decree calling for a new general election of
senators in which the election day must be fixed within thirty
days as from the date of the expiration of the term of the Senate
and the election day must be the same throughout the Kingdom.
For
the purpose of proceeding under section 168, the senators holding
office on the day on which the term of the Senate terminates under
paragraph one shall continue to perform their duties until newly
elected senators assume their duties.
Section
132 []
Membership of the Senate commences on the election
day.
Section
133 []
Membership of the Senate terminates upon:
1)
expiration of the term of the Senate;
2) death;
3)
resignation;
4) being disqualified under section 125;
5)
being under any of the prohibitions under section 126;
6) being
under any of the prohibitions under section 127;
7) acting in
contravention of any of the prohibitions under section 128;
8)
the Senate passing a resolution under section 307 removing him or
her from office or the Constitutional Court having a decision
terminating his or her membership under section 96; in such case,
his or her membership shall be deemed to have terminated as from
the date of the resolution of the Senate or the decision of the
Constitutional Court, as the case may be;
9) having been absent
for more than one-fourth of the number of days in a session the
length of which is not less than one hundred and twenty days
without permission of the President of the Senate;
10) having
been imprisoned by a final judgment to a term of imprisonment
except for an offence committed through negligence or a petty
offence.
Section
134 []
When the office of senator becomes vacant for any
reason other than the expiration of term of the Senate, an
election of a senator to fill the vacancy shall be held within
forty five days as from the date of the vacancy unless the
remainder of the term of the Senate is less than one hundred and
eighty days.
The replacing senator may serve only for the
remainder of the
term of the Senate.
Section
135 []
In considering the selection, appointment,
recommendation or approval of a person to hold any position under
section 138, section 143, section 196, section 199, section 257,
section 261, section 274(3), section 277, section 278, section
279(3), section 297, section 302 and section 312, the Senate shall
appoint a committee for examining past records and behaviours of
the person nominated for holding such position as well as
gathering necessary facts and evidence to be reported to the
Senate for its further consideration.
The proceeding by the
committee under paragraph one shall be in accordance with the
Rules of Procedure of the Senate.
Section
136 []
The Election Commission consists of a Chairman and
other four Commissioners appointed, by the King with the advice of
the Senate, from persons of apparent political impartiality and
integrity.
The President of the Senate shall countersign the
Royal Command appointing the Chairman and Commissioners under
paragraph one.
Section
137 []
An Election Commissioner shall have the
qualifications and shall not be under any prohibition as
follows:
1) being of Thai nationality by birth;
2) being of
not less than forty years of age on the nomination day;
3)
having graduated with not lower than a Bachelor's degree or its
equivalent;
4) not being under any of the prohibitions under
section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or
(14);
5) not being a member of the House of Representatives or
the Senate, a political official, a member of a local assembly or
a local administrator;
6) not being or having been a member of
or holder of other position in a political party throughout the
period of five years preceding the holding of office;
7) not
being an Ombudsman, a member of the National Human Right
Commission, a judge of the Constitutional Court, a judge of the
Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission.
Section
138 []
The selection and election of Chairman and Election
Commissioners shall be proceeded as follows:
1) there shall be
a Selective Committee of ten members consisting of the President
of the Constitutional Court as Chairman, President of the Supreme
Administrative Court, Rectors of all State higher education
institutions which are juristic persons, being elected among
themselves to be four in number, and representatives of all
political parties having a member who is a member of the House of
Representatives, provided that each party shall have one
representative and all such representatives shall elect among
themselves to be four in number, to be in charge of the
consideration and selection of five persons, who have the
qualifications under section 137 and who are suitable to be
Election Commissioners, for making nomination to the President of
the Senate upon consent of the nominated persons. The resolution
making such nomination must be passed by votes of not less than
three-fourths of the number of all existing members of the
Selective Committee;
2) the Supreme Court of Justice shall, at
its general meeting, consider and select five persons who are
suitable to be Election Commissioners for making nomination to the
President of the
Senate upon consent of the nominated
persons;
3) the nominations under (1) and (2) shall be made
within thirty days as from the date when a ground for the
selection of persons to be in such office occurs. In the case
where the Selective Committee under (1) is unable to make
nomination, or unable to make nomination in the complete number,
within the prescribed time, the Supreme Court of Justice shall, at
its general meeting, make nomination to obtain the complete number
within fifteen days as from the date of the expiration of the
nomination time under (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). For this
purpose, the first five persons who receive the highest votes
which are more than one half of the total number of the existing
senators shall be elected as Election Commissioners, but if the
number of the said elected persons is less than five, the
name-list of those not elected in that first occasion shall be
submitted to the senators for voting on another occasion and
consecutively. In such case, the persons receiving the highest
number of votes in respective order up to five shall be deemed to
be elected as Election Commissioner. On this occasion, if there
are persons receiving equal votes in any order which result in
having more than five elected persons, the President of the Senate
shall draw lots to determine who are elected persons;
5) the
elected persons under (4) shall meet and elect among themselves
Chairman of the Election Commission and, then, notify the
President of the Senate of the result. The President of the Senate
shall report to the King for further appointment.
Section
139 []
An Election Commissioner shall not:
1) be a
Government official holding a permanent position or receiving
salary;
2) be an official or employee of a State agency, State
enterprise or local government organisation;
3) hold any
position in a partnership, a company or an organisation carrying
out businesses for sharing profits or incomes, or be an employee
of any person;
4) engage in any other independent profession.
In the case where the Senate has elected a person in (1), (2), (3)
or (4) with the consent of that person, the elected person can
commence the performance of duties only when he or she has
resigned from the position in (1), (2), (3) or has satisfied that
his or her engagement in such independent profession has ceased to
exist. This must be done within fifteen days as from the date of
election. If that person has not resigned or ceased to engage in
the independent profession within the specified time, it shall be
deemed that that person has never been elected to be an Election
Commissioner and the provisions of section 138 shall apply mutatis
mutandis.
Section
140 []
Election Commissioners shall hold office for a term
of seven years as from the date of their appointment by the King
and shall serve for only one term.
The Election Commissioners
who vacate office upon the expiration of the term shall remain in
office to continue to perform their duties until the newly
appointed Election Commissioners take office.
Section
141 []
In addition to the vacation of office upon the
termination of the term, an Election Commissioner vacates office
upon:
1) death;
2) resignation;
3) being disqualified or
being under any of the prohibitions under section 137 or section
139;
4) having been imprisoned by a final judgment to a term of
imprisonment except for an offence committed through
negligence
or a petty offence;
5) the Senate passing a resolution under
section 307 removing him or her from office.
When a case under
paragraph one occurs, the remaining Election Commissioners may
continue to perform their duties.
Section
142 []
Members of the House of Representatives, senators,
or members of both Houses of not less than one-tenth of the total
number of the existing members of the two Houses have the right to
lodge with the President of the National Assembly a complaint that
any Election Commissioner is disqualified or is under any of the
prohibitions under section 137 or has acted in contravention of
any of the prohibitions under section 139 and the President shall
refer that complaint to the Constitutional Court for its decision
as to whether that Election Commissioner has vacated his or her
office.
When the Constitutional Court has passed a decision, it
shall notify the President of the National Assembly and the
Chairman of the Election Commission of such decision. The
provisions of section 97 shall also apply mutatis mutandis
to the vacation of office of Election Commissioners.
Section
143 []
In the case where the Election Commissioners have
vacated office in toto, actions under section 138 shall be taken
within forty five days as from the date of the vacation. In the
case where Election Commissioners vacate office for any reason
other than the expiration of term, section 138 shall apply mutatis
mutandis to the selection and election of Election
Commissioners to fill the vacancies. In this case, persons, in the
twice number of the outgoing persons, who are suitable to be
Election Commissioners shall be nominated to the Presidents of the
Senate for election by a resolution of the Senate; provided that
this procedure shall be completed within forty five days as from
the date of the vacation, and the elected persons shall serve only
for the remainder of the term of the replaced Commissioners.
Section
144 []
The Election Commission shall control and hold, or
cause to be held, an election of members of the House of
Representatives, senators, members of a local assembly and local
administrators including the voting in a referendum for the
purpose of rendering it to proceed in an honest and fair
manner.
The Chairman of the Election Commission shall have the
charge and control of the execution of the organic law on the
election of members of the House of Representatives and senators,
the organic law on political parties, the organic law on the
voting in a referendum and the law on the election of members of
local assemblies or local administrators and shall be the
political- party registrar.
Section
145 []
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 144 paragraph two;
2) to give orders instructing
Government officials, officials or employees of a State agency,
State enterprise or local government organisation or other State
officials to perform all necessary acts under the laws referred to
in section 144 paragraph two;
3) to conduct investigations and
inquiries for fact-finding and decision on arising problems or
disputes under the laws referred to in section 144 paragraph
two;
4) to order a new election or a new voting at a referendum
to be held in any or all polling stations when there occurs
convincing evidence that the election or the voting at
a
referendum in that or those polling stations has not
proceeded in an honest and fair manner;
5) to announce the
result of an election and the voting in a referendum;
6) to
perform other acts as provided by law.
In the performance of
duties, the Election Commission has the power to summon any
relevant document or evidence from any person, or summon any
person to give statements as well as to request the Courts, public
prosecutors, inquiry officials, State agencies, State enterprises
or local government organisations to take action for the purpose
of performing duties, investigating, conducting inquiries and
passing decisions.
The Election Commission has the power to
appoint persons, a group of persons or representatives of private
organisations to perform such duties as entrusted.
Section
146 []
Government officials, officials or employees of a
State agency, State enterprise or local government organisation or
other State officials shall have the duty to comply with orders of
the Election Commission given under section 145.
Section
147 []
The Election Commission shall forthwith conduct an
investigation and inquiry for finding 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 the
election in any of the constituencies has been raised that the
election in that constituency has proceeded inappropriately or
unlawfully;
2) convincing evidence has appeared that any member
of the House of Representatives, senator, member of a local
assembly or local administrator, before being elected, had
committed any dishonest act to enable him or her to be elected, or
has dishonestly been elected as a result of an act committed by
any person or political party in violation of the organic law on
the election of members of the House of Representatives and
senators, the organic law on political parties or the law on the
election of members of local assemblies and local
administrators;
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 in any
polling station proceeded inappropriately or unlawfully;
Upon
completion of actions under paragraph one, the Election Commission
shall pass a decision forthwith.
Section
148 []
During the period in which a Royal Decree calling
for an election of members of the House of Representatives or
senator or a Notification calling for the voting in a referendum
is effective, no Election Commissioner shall be arrested, detained
or summoned by a warrant for inquiry except in the case where
permission of the Election Commission is obtained or where the
arrest is made in flagrante delicto. In the case where an
Election Commissioner has been arrested in flagrante delicto,
or where an Election Commissioner is arrested or detained in other
cases, it shall be forthwith reported to the Chairman of the
Election Commission and the Chairman may order a release of the
person so arrested.
Part 5 Provisions Applicable to both Houses
Section
149 []
Members of the House of Representatives and senators
are representatives of the Thai people, and shall honestly perform
the duties for the common interest of the Thai people.
Section
150 []
Before taking office, a member of the House of
Representatives
and a senator shall make a solemn declaration
at a sitting of the House of which he or she is a member in the
following words:
"I, (name of the declarer), do solemnly
declare that I will perform my duties in accordance with the
honest dictates of my conscience for the common interest of the
Thai people. I will also uphold and observe the Constitution of
the Kingdom of Thailand in every respect."
Section
151 []
The House of Representatives and the Senate shall
each have one President and one or two Vice-Presidents who are
appointed by the King from the members of such House in accordance
with its resolution.
Section
152 []
The President and the Vice-Presidents of the House
of Representatives hold office until the expiration of the term or
the dissolution of the House.
The President and the
Vice-Presidents of the Senate hold office until the day preceding
the date of the election the new President and Vice-
Presidents.
The President and the Vice-Presidents of the House
of Representatives and the President and the Vice-Presidents of
the Senate vacate office before the expiration of the term of
office under paragraph one or paragraph two, as the case may be,
upon:
1) loss of membership of the House of which he or she is
a member;
2) resignation;
3) holding a position of Prime
Minister, Minister or other political official;
4) being
sentenced by a judgment to imprisonment.
Section
153 []
The President of the House of Representatives and
the President of the Senate shall have the powers and duties to
carry out the business of each House in accordance with its rules
of procedure. The Vice- presidents have the powers and duties as
entrusted by the President and act on behalf of the President when
the President is not present or unable to perform his or her
duties.
The President of the House of Representatives, the
President of the Senate and the persons who act on behalf of the
President shall be impartial in the performance of duties.
Section
154 []
When the President and the Vice-Presidents of the
House of Representatives or the President and the Vice-Presidents
of the Senate are not present at any sitting, the members of each
House shall elect one among themselves to preside over such
sitting.
Section
155 []
At a sitting of the House of Representatives or the
Senate, the presence of not less than one-half of the total number
of the existing members of each House is required to constitute a
quorum, except that in the case of considering the agenda on
interpellation under section 183 and section 184, the House of
Representatives and the Senate may otherwise prescribe a quorum in
the rules of procedure.
Section
156 []
A resolution on any issue shall be made by a
majority of votes, unless it is otherwise provided in this
Constitution.
In casting a vote, each member has one vote. In
case of an equality of votes, the presiding member shall have an
additional vote as a casting vote.
The President of the
National Assembly, the President of the House of Representatives
and the President of the Senate shall cause the voting of each
member to be recorded and disclose
such record in a place where
the public entry for its inspection is possible, except for the
case of the voting by secret ballot.
The casting of votes to
elect or give approval to a person for holding office shall be
secret, unless otherwise provided in this Constitution, and
members shall have autonomy and shall not be bound by resolutions
of their political parties or any other mandate.
Section
157 []
At a sitting of the House of Representatives or the
Senate or at a joint sitting of the National Assembly, words
expressed in giving statements of fact or opinions or in casting
the vote by any member are absolutely privileged. No charge or
action in any manner whatsoever shall be brought against such
member.
The privilege under paragraph one does not extend to a
member who expresses words at a sitting which is broadcast through
radio or television if such words appear out of the precinct of
the National Assembly and the expression of such words constitutes
a criminal offence or a wrongful act against any other person, who
is not a Minister or member of that House.
In the case of
paragraph two, if the words expressed by the member cause damage
to other person who is not a Minister or member of that House, the
President of that House shall cause explanations to be published
as requested by that person in accordance with procedure and
within such period of time as prescribed in the rules of the
procedure of that House, without prejudice to the person's right
to bring the case before the Court.
Section
158 []
The 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 opinions at such sitting as well as to persons who
broadcasts the sitting through radio or television with the
permission of the President of such House mutatis mutandis.
Section
159 []
The National Assembly shall, within thirty days as
from the date of the election of members of the House of
Representatives, be summoned for the first sitting.
Each year,
there shall be general ordinary session and a legislative ordinary
session.
The day on which the first sitting under paragraph one
is held shall be considered as the first day of the general
ordinary session, and the first day of the legislative ordinary
session shall be fixed by the House of Representatives. In the
case where the first sitting under in paragraph one has less than
one hundred and fifty days up to the end of a calendar year, the
legislative ordinary session may be omitted in that year.
During
the legislative ordinary session, the National Assembly shall hold
a sitting only in such cases as prescribed in Chapter 2 or in
cases of the consideration of bills or organic law bills, the
approval of an Emergency Decree, the approval of the declaration
of war, the approval of a treaty, the election or approval of a
person for holding office, the removal of a person from office,
the interpellation and the amendment of the Constitution, unless
the National Assembly has passed a resolution, by the votes of
more than one-half of the total number of the existing members of
both Houses, for considering other matters.
Section
160 []
An ordinary session of the National Assembly shall
last one hundred and twenty days but the King may prolong it.
An
ordinary session may be prorogued before the end of one hundred
and twenty days only with the approval of the National Assembly.
Section
161 []
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 159 paragraph one or may command the Heir to the Throne
who is sui juris or any person to perform the ceremony as His
Representative.
Section
162 []
When it is necessary for the interests of the State,
the King may convoke an extraordinary session of the National
Assembly.
Section
163 []
Members of both Houses or members of the House of
Representatives of not less than one-third of the total number of
the existing members of both Houses have the right to present
their petition to the King for the issuance of a Royal Command
convoking an extraordinary session of the National Assembly.
The
petition referred to in paragraph one shall be lodged with the
President of the National Assembly.
The President of the
National Assembly shall present the petition to the King and
countersign the Royal Command.
Section
164 []
Subject to section 163, the convocation, the
prolongation of session and the prorogation of the National
Assembly shall be made by a Royal Decree.
Section
165 []
No member of the House of Representatives or senator
shall, during a session, be arrested, detained or summoned by a
warrant for inquiry as the suspect in a criminal case unless
permission of the House of which he or she is a member is obtained
or he or she is arrested in flagrante delicto. In the case
where a member of the House of Representatives or a senator has
been arrested in flagrante delicto, it shall be forthwith
reported to the President of the House of which he or she is a
member and such President may order the release of the person so
arrested.
Section
166 []
In the case where a criminal charge is brought
against a member of the House of Representatives or a senator,
whether the House is in session or not, the Court shall not try
the case during a session, unless permission of the House of which
he or she is a member is obtained or it is a case concerning the
organic law on the election of members of the House of
Representatives and senators, the organic law on Election
Commission or the organic law on political parties; provided that
the trial of the Court shall not hinder such member from attending
the sitting of the House.
The trial and adjudication of the
Court conducted before it is invoked that the accused is a member
of either House are valid.
Section
167 []
If a member of the House of Representatives or a
senator is detained during the inquiry or trial before the
beginning of a session, when the session begins, the inquiry
official or the Court, as the case may be, must order his or her
release as soon as the President of the House of which he or she
is a member has so requested.
The order of release under
paragraph one shall be effective as from the date of such order
until the last day of the session.
Section
168 []
During the expiration of the term or the dissolution
of the House of Representatives, the Senate shall not hold its
sitting except in the following cases:
1) a 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) a
sitting at which the Senator shall elect, appoint, recommend or
give approval to a person for holding any office under section
138, section 143, section 196, section 199, section 257, section
261, section 274(3), section 277, section 278, section 279(3),
section 297, section 302 and section 312;
3) a sitting at which
the Senate shall consider and pass a resolution removing a person
from office.
Section
169 []
Subject to section 170, a bill or an organic law
bill may be introduced only by members of the House of
Representatives or the Council of Ministers, but a money bill may
be introduced by members of the House of Representatives only with
the endorsement of the Prime Minister.
A member of the House of
Representatives may introduce a bill or an organic law bill only
if the political party of which he or she is a member has passed a
resolution approving the introduction thereof and the bill is
endorsed by not less than twenty members of the House of
Representatives. A money bill means a bill with provisions dealing
with any of the following matters:
1) the imposition, repeal,
reduction, alteration, modification, remission, or regulation of
taxes or duties;
2) the allocation, receipt, custody, payment
of the State funds, or transfer of expenditure estimates of the
State;
3) the raising of loans, or guarantee or redemption of
loans;
4) currency.
In case of doubt as to whether a bill or
an organic law bill is a money bill which requires the endorsement
of the Prime Minister or not, it shall be the power of a joint
sitting of the President of the House of Representatives and
Presidents of all its standing committees to make a decision
thereon.
The President of the House of Representatives shall
hold a joint sitting to consider the case under paragraph four
within fifteen days as from the date such case occurs.
The
resolution of the joint sitting under paragraph four shall be
decided by a majority of votes. In case of an equality of votes,
the President of the House of Representatives shall have an
additional vote as a casting vote.
Section
170 []
The persons having the right to vote of not less
than fifty thousand in number shall have a right to submit a
petition to the President of the National Assembly to consider
such law as prescribed in Chapter 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
171 []
For any bill or any organic law bill introduced by
members of the House of Representatives which, at the stage of the
adoption of its principle, was not a money bill but was then
amended by the House of Representatives and, in the opinion of the
President of the House, such amendment has rendered it to exhibit
the characteristic of a money bill, the President of the House
shall suspend the consideration of such bill and, within fifteen
days as from the day on which such case occurs, shall refer it to
a joint sitting of the President of the House of Representatives
and Presidents of all its standing committees to make a decision
thereon. If the joint sitting decides that the amendment resulted
in such bill or organic law bill exhibiting the characteristic of
a money bill, the President of the House shall refer it to the
Prime Minister for endorsement. In the case where the Prime
Minister does not endorse it, the House of Representative shall
amend it so as to prevent it from being a money bill.
Section
172 []
A bill or an organic law bill shall be first
submitted to the House of Representatives.
Section
173 []
When a bill which has been specified by the Council
of Ministers, in its policies stated to the National Assembly
under section 211, as necessary for the administration of the
State affairs or when any organic law bill is not approved by a
resolution of the House of Representatives and the votes
disapproving it are less than one-half of the total number of the
existing members of the House, the Council of Ministers may
request the National Assembly to hold a joint sitting for passing
a resolution on another occasion. If it is approved, the National
Assembly shall appoint the persons, being or not being its
members, in such an equal number as proposed by the Council of
Ministers, to constitute a joint committee of the National
Assembly for considering such bill or organic law bill, and the
joint committee of the National Assembly shall prepare a report
thereon and submit the bill or organic law bill which it has
already considered to the National Assembly. If such bill or
organic law bill is approved by the National Assembly, further
proceedings under section 93 shall be taken. If it is not
approved, such bill or organic law bill shall lapse.
Section
174 []
Subject to section 180, when the House of
Representatives has considered a bill or an organic law bill
submitted under section 172 and resolved to approve it, the House
of Representatives shall submit such bill or organic law bill to
the Senate. The Senate must finish the consideration of such bill
or organic law bill within sixty days; but if it is a money bill,
the consideration thereof must be finished within thirty days;
provided that the Senate may, as a special case, resolve to extend
the period for not more than thirty days. The said period shall
mean the period during a session and shall be counted as from the
day on which such bill or organic law bill reaches the Senate.
The
period referred to in paragraph one shall not include the period
during which the bill or the organic law bill is under the
consideration of the Constitutional Court under section 177.
If
the Senate has not finished the consideration of the bill or the
organic law bill within the period referred to in paragraph one,
it shall be deemed that the Senate has approved it.
In the case
where the House of Representatives submits a money bill to the
Senate, the President of the House of Representatives shall also
advise the Senate that the bill or the organic law bill so
submitted is a money bill. The advice of the President of the
House of Representatives shall be deemed final.
In the case
where the President of the House of Representatives does not
advise the Senate that the bill or the organic law bill is a money
bill, such bill shall not be deemed a money bill.
Section
175 []
Subject to section 180, 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 93 shall be taken;
2) if it disagrees
with the House of Representatives, such 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 amendment, further
proceedings under section 93 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 93 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 157 and section 158 shall also extend to the person
performing his or her duties under this section. At a meeting of
the joint committee, the presence of the members of the joint
committee appointed by both Houses of not less than one-half of
the total number of its members is required to constitute a quorum
and the provisions of section 194 shall apply mutatis mutandis.
Section
176 []
A bill or an organic law bill withheld under section
175 may be reconsidered by the House of Representatives only after
the lapse of one hundred and eighty days as from the date the bill
or the organic law bill is returned to the House of
Representatives by the Senate in case of withholding under section
175(2) and as from the date either House disapproves it in case of
withholding under section 175(3). In such cases, if the House of
Representatives resolves to reaffirm the original bill or the bill
considered by the joint committee by the votes of more than
one-half of the total number of the existing members of the House
of Representatives, such bill or organic law bill shall be deemed
to have been approved by the National Assembly and further
proceedings under section 93 shall be taken.
If the bill or the
organic law bill withheld is a money bill, the House of
Representatives may forthwith proceed to reconsider it. In such
case, if the House of Representatives resolves to reaffirm the
original bill or the bill considered by the joint committee by the
votes of more than one-half of the total number of the existing
members of the House of Representatives, such bill or organic law
bill shall be deemed to have been approved by the National
Assembly and further proceedings under section 93 shall be taken.
Section
177 []
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 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
178 []
In the case where the term of the House of
Representatives expires or the House of Representatives is
dissolved, the draft Constitution Amendment, or all bills or
organic law bills to which the King has refused His assent or
which have not been returned by the King within ninety days, shall
lapse.
In the case where the term of the House of
Representatives expires or where the House of Representatives is
dissolved, the National Assembly, the House of Representatives or
the Senate, as the case may be, may, after a general election of
members of the House of Representatives, continue the
consideration of the
draft Constitution Amendment, the bill or
the organic law bill which has not yet been approved by the
National Assembly if the Council of Ministers which is newly
appointed after the general election so requests within sixty days
as from the first sitting day of the National Assembly after the
general election and the National Assembly approves it. If the
Council of Ministers does not so request within such period of
time, such draft Constitution Amendment, bill or organic law bill
shall lapse.
The further consideration of the draft
Constitution Amendment, the bill or the organic law bill under
paragraph two shall be in accordance with the rules of procedure
of the National Assembly.
Section
179 []
The expenditure estimates of the State shall be made
in the form of an Act. If the Annual Appropriations Act for the
following fiscal year is not enacted in time, the law on annual
appropriations for the preceding fiscal year shall apply for the
time being.
Section
180 []
The House of Representatives must finish the
consideration of an annual appropriations bill, a supplementary
appropriations bill and a transfer of appropriations bill within
one hundred and five days as from the date the bill reaches the
House of Representatives.
If the House of Representatives has
not finished the consideration of the bill within the period
referred to in paragraph one, such bill shall be deemed to have
been approved by the House of Representatives and shall be
submitted to the Senate.
In the consideration by the Senate,
the Senate must approve or disapprove it without any amendment
within twenty days as from the date the bill reaches the Senate.
Upon the lapse of such period, such bill shall be deemed to have
been approved; in such case and in the case where the Senate
approves it, further proceedings under section 93 shall be taken.
If the Senate disapproves the bill, the provisions of section 176
paragraph two shall apply mutatis mutandis. In the
consideration of the annual appropriations bill, the supplementary
appropriations bill and the transfer of appropriations bill, a
member of the House of Representatives shall not submit a motion
adding any item or amount to the bill, but may submit a motion
reducing or abridging the expenditures which are not expenditures
according to any of the following obligations:
1) money for
payment of the principal of a loan;
2) interest on a loan;
3)
money payable in accordance with the law.
In the consideration
by the House of Representatives or a committee, any proposal,
submission of a motion or commission of an act, which results in
direct or indirect involvement by members of the House of
Representatives, senators or members of a committee in the use of
the appropriations, shall not be permitted.
In the case where
members of the House of Representatives or senators of not less
than one-tenth of the total number of the existing members of each
House are of the opinion that the violation of the provisions of
paragraph six has occurred, they shall refer it to the
Constitutional Court for decision and the Constitutional Court
shall decide it within seven days as from the date of its receipt.
In the case where the Constitutional Court decides that the
violation of the provisions of paragraph six has occurred, such
proposal, submission of the motion, or commission of the act shall
be ineffective.
Section
181 []
The payment of State funds shall be made only when
it has been authorised by the law on appropriations, the law
on
budgetary procedure, the law on transfer of appropriations
or the law on treasury balance, except that it may be prepaid in
the case of urgent necessity under the rules and procedure
provided by the law. In such case, the expenditure estimates for
reimbursement must be set aside in the Transfer of Appropriations
Act, the Supplementary Appropriations Act, or the Annual
Appropriations Act for the following fiscal year, or except it is
the case under section 230 paragraph two.
Section
182 []
The House of Representatives and the Senate are, by
virtue of this Constitution, vested with the power to control the
administration of the State affairs.
Section
183 []
Every member of the House of Representatives or
senator has the right to interpellate a Minister on any matter
within the scope of his or her authority, but the Minister has the
right to refuse to answer it if the Council of Ministers is of the
opinion that the matter should not yet be disclosed on the ground
of safety or vital interest of the State.
Section
184 []
In the administration of the State affairs on any
matter which involves an important problem of public concern,
affects national or public interest, or requires urgency, a member
of the House of Representatives may notify the President of the
House of Representatives in writing prior to the commencement of
the sitting of the day, that they will interpellate the Prime
Minister or the Minister responsible for the administration of the
State affairs on that matter without specifying the question, and
the President of the House of Representatives shall place such
matter on the agenda of the meeting of that day.
The
interpellation and the answer to the interpellation under
paragraph one may be made once a week, and a verbal interpellation
by a member of the House of Representatives on a matter involving
the administration of the State affairs may be made not exceeding
three times on each matter in accordance with the rules of
procedure of the House of Representatives.
Section
185 []
Members of the House of Representatives of not less
than two-fifths of the total number of the existing members of the
House have the right to submit a motion for a general debate for
the purpose of passing a vote of no-confidence in the Prime
Minister. Such motion must nominate the suitable next Prime
Minister who is also a person under section 201 paragraph two and,
when the motion has been submitted, the dissolution of the House
of Representatives shall not be permitted, except that the motion
is withdrawn or the resolution is passed without being supported
by the vote in accordance with paragraph three.
In the
submission of the motion for a general debate under paragraph one,
if it is concerned with the behaviour of the Prime Minister, which
involves circumstances of unusual wealthiness, exhibits a sign of
malfeasance in office or intentionally violates the provisions of
the Constitution or law, it shall not be submitted without the
petition under section 304 having been presented. Upon the
submission of the petition under section 304, it may be proceeded
with without awaiting the outcome of the proceedings under section
305.
If the general debate is concluded with a resolution not
to pass over the agenda of the general debate, the House of
Representatives shall pass a vote of confidence or no-confidence.
Voting in such case shall not take place on the date of the
conclusion of the debate. The vote of no-confidence must be passed
by more than one-half of the total number of the existing members
of the House of Representatives.
In the case where a vote of
no-confidence is passed by not more than one-half of the total
number of the existing members of the House of Representatives,
the members of the House of
Representatives who submit the
motion for the general debate shall no longer have the right to
submit another motion for a general debate for the purpose of
passing a vote of no-confidence in the Prime Ministers throughout
the session.
In the case where a vote of no-confidence is
passed by more than one-half of the total number of the existing
members of the House of Representatives, the President of the
House of Representatives shall submit the name of the person
nominated under paragraph one to the King for further appointment
and section 202 shall not apply.
Section
186 []
Members of the House of Representatives of not less
than one-fifth of the total number of the existing members of the
House of Representatives have the right to submit a motion for a
general debate for the purpose of passing a vote of no-confidence
in an individual Minister. The provisions of section 185 paragraph
two, paragraph three and paragraph four shall apply mutatis
mutandis.
Section
187 []
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
188 []
A sitting of the House of Representatives and of the
Senate and a joint sitting of the National Assembly are public
under the conditions stipulated in the rules of procedure of each
House. A sitting in camera shall be held at the request of the
Council of Ministers or members of not less than one-fourth of the
total number of the existing members of each House or of both
Houses, as the case may be.
Section
189 []
The House of Representatives and the 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 committees
under paragraph one have the power to demand documents from any
person or summon any person to give statements of fact or opinions
on the act or the matter under its inquiry or study.
In the
case where the person under paragraph two is a Government
official, official or employee of State agency, State enterprise
or local government organisation, the Chairman of the committee
shall notify the Minister who supervises and controls the agency
to which such person is attached in order to instruct him or her
to act as prescribed in paragraph two, except that, in the case of
the safety or benefit of importance to the State, it shall be
deemed as a ground of an exemption to the compliance with
paragraph two.
The privileges provided in section 157 and
section 158 shall also extend to the persons performing their
duties under this section.
The number of members of a standing
committee appointed solely from members of the House of
Representatives shall be in proportion to or in close proportion
to the number of members of the House of Representatives of each
political party
or group of political parties in the House of
Representatives.
In the absence of the rules of procedure of
the House of Representatives under section 191, the President of
the House of Representatives shall determine the proportion under
paragraph five.
Section
190 []
In considering a bill the substance of which is
decided by the President of the House of Representatives to be
concerned with children, women, the elderly, the disabled or
handicapped, if the House of Representatives does not consider it
by its full committee, the House of Representatives shall appoint
an ad hoc committee consisting of representatives, from private
organisations concerned with the respective types of persons, of
not less than one-third of the total number of members of the
committee.
Section
191 []
The House of Representatives and the Senate have the
power to make the rules of procedure governing the election and
performance of duties of the President, Vice-Presidents, matters
or activities which are within the powers and duties of each
standing committee, performance and quorum of committees,
sittings, submission and consideration of bills and organic law
bills, submission of motions, consultation, debate, passing of a
resolution, recording and disclosure of the passing of a
resolution, interpellation, general debate, observation of the
rules and orders, codes of ethics of members and committee
members, and other matters for the execution of this Constitution.
Section
192 []
The fundamental substance of the organic laws on
various matters as prescribed in the Transitory Provisions shall
necessarily be contained in the organic law on such matter in
accordance with this Constitution.
Part 6 Joint Sittings of the National Assembly
Section
193 []
The National Assembly shall hold a joint sitting in
the following cases:
1) the approval of the appointment of the
Regent under section 19;
2) the making of a solemn declaration
by the Regent before the National Assembly under section 21;
3)
the acknowledgment of an amendment of the Palace Law on
Succession, B.E. 2467 under section 22;
4) the acknowledgment
or approval of the succession to the Throne under section 23;
5)
the reconsideration of a bill or an organic law bill under section
94;
6) the passing of a resolution for the consideration by the
National Assembly of other matters during a legislative ordinary
session under section 159;
7) the approval of the prorogation
of a session under section 160;
8) the opening of the session
of the National Assembly under section 161;
9) the approval of
the further consideration of a bill or an organic law bill under
section 173;
10) the approval of the further consideration of a
Constitution Amendment, a bill or an organic law bill under
section 178 paragraph two;
11) the making of the rules of
procedure of the National Assembly under section 194;
12) the
announcement of policies under section 211;
13) the holding of
a general debate under section 213;
14) the approval of the
declaration of war under section 223;
15) the approval of a
treaty under section 224;
16) the amendment of the Constitution
under section 313;
Section
194 []
At a joint sitting of the National Assembly, the
rules of procedure of the National Assembly shall apply. While the
rules of procedure of the National Assembly has not yet been
issued, the rules of procedure of the House of Representatives
shall apply mutatis mutandis.
Section
195 []
The provisions applicable to both Houses shall apply
mutatis mutandis to the joint sitting of the National
Assembly, except that, for the appointment of a committee, the
number of committee members appointed from the members of each
House must be in proportion to or in close proportion to the
number of members of each House.
Section
196 []
The Ombudsmen shall not be more than three in
number, who shall be appointed, by the King with the advice of the
Senate, from the persons recognised and respected by the public,
with knowledge and experience in the administration of the State
affairs, enterprises or activities of common interest of the
public and with apparent integrity.
The President of the Senate
shall countersign the Royal Command appointing the Ombudsmen.
The
qualifications, prohibitions, selection and election of the
Ombudsmen shall be in accordance with the organic law on
Ombudsmen.
The Ombudsmen shall hold office for a term of six
years as from the date of their appointment by the King and shall
serve for only one term.
Section
197 []
The Ombudsmen have the powers and duties as
follows:
1) to consider and inquire into the complaint for
fact-findings in the following cases:
a) failure to perform in
compliance with the law or performance beyond powers and duties as
provided by the law of a Government official, an official or
employee of a State agency, State enterprise or local government
organisation;
b) performance of or omission to perform duties
of a Government official, an official or employee of a State
agency, State enterprise or local government organisation, which
unjustly causes injuries to the complainant or the public whether
such act is lawful or not;
c) other cases as provided by
law;
2) to prepare reports and submit opinions and suggestions
to the National Assembly.
Section
198 []
In the case where the Ombudsman is of the opinion
that the provisions of the law, rules, regulations or any act of
any person under section 197(1) begs the question of the
constitutionality, the Ombudsman shall submit the case and the
opinion to the Constitutional Court or Administrative Court for
decision in accordance with the procedure of the Constitutional
Court or the law on the procedure of the Administrative Court, as
the case may be.
The Constitutional Court or Administrative
Court, as the case may be, shall decide the case submitted by the
Ombudsman under paragraph one without delay.
Part 8 The National Human Rights Commission
Section
199 []
The National Human Rights Commission consists of a
President and ten other members appointed, by the King with the
advice
of the Senate, from the persons having apparent
knowledge and experiences in the protection of rights and
liberties of the people, having regard also to the participation
of representatives from private organisations in the field of
human rights.
The President of the Senate shall countersign the
Royal Command appointing the President and members of the National
Human Rights Commission.
The qualifications, prohibitions,
selection, election, removal and determination of the remuneration
of members of the National Human Rights Commission shall be as
provided by law.
The members of the National Human Rights
Commission shall hold office for a term of six years as from the
date of their appointment by the King and shall serve for only one
term.
Section
200 []
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 for taking action. In the
case where it appears that no action has been taken as proposed,
the Commission shall report to the National Assembly for further
proceeding;
2) to propose to the National Assembly and the
Council of Ministers policies and recommendations with regard to
the revision of laws, rules or regulations for the purpose of
promoting and protecting human rights;
3) to promote education,
researches and the dissemination of knowledge on human rights;
4)
to promote co-operation and co-ordination among Government
agencies, private organisations, and other organisations 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 law.
In the performance of duties,
the National Human Rights Commission shall also have regard to the
interests of the country and the public.
The National Human
Rights Commission has the power to demand relevant documents or
evidence from any person or summon any person to give statements
of fact including other powers for the purpose of performing its
duties as provided by law.
Chapter VII The Council of Ministers
Section
201 []
The King appoints the Prime Minister and not more
than thirty-five other Ministers to constitute the Council of
Ministers having the duties to carry out the administration of the
State affairs.
The Prime Minister must be appointed from
members of the House of Representatives or persons who have been
members of the House of Representatives whose membership has
terminated under section 118 (7) during the term of the same
House.
The President of the House of Representatives shall
countersign the Royal Command appointing the Prime Minister.
Section
202 []
The House of Representatives shall complete its
consideration and approval of the person suitable to be appointed
as Prime Minister within thirty days as from the day the National
Assembly is convoked for the first sitting under section 159.
The
nomination of a person who is suitable to be appointed as Prime
Minister under paragraph one shall be endorsed by members of the
House of Representatives of not less than
one-fifth of the
total number of the existing members of the House.
The
resolution of the House of Representatives approving the
appointment of a person as Prime Minister shall be passed by the
votes of more than one-half of the total number of the existing
members of the House of Representatives. The passing of the
resolution in such case shall be by open votes.
Section
203 []
In the case where the period of thirty days as from
the date the National Assembly is convoked for the first sitting
of its members has elapsed and no one has been approved for
appointment as Prime Minister under section 202 paragraph three,
the President of the House of Representatives shall, within
fifteen days as from the lapse of such period, present to the King
for the issuance of a Royal Command appointing the person who has
received the highest votes as Prime Minister.
Section
204 []
No Prime Minister and Ministers shall be members of
the House of Representatives or senators simultaneously.
A
member of the House of Representatives who has been appointed as
Prime Minister or Minister shall vacate office on the day
following the date on which thirty days have elapsed as from the
date of the issuance of the appointing Royal Command.
Section
205 []
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
206 []
A Minister must possess the qualifications and must
not be under any of the 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 lower than a
Bachelor's degree or its equivalent;
4) not being under any of
the prohibitions under section 109 (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 for a term of two years or more,
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 except for the termination of membership
under section 133 (1).
Section
207 []
A Minister shall not be a Government official
holding a permanent position or receiving a salary except
political official.
Section
208 []
A Minister shall not hold a position or perform any
act provided in section 110, except the position required to be
held by the operation of law, and shall not hold any other
position in a partnership, company or any organisation which
engages in a business with a view to sharing profits or incomes or
be an employee of any person.
Section
209 []
A Minister shall not be a partner or shareholder of
a partnership or a company or retain his or her being a partner
or
shareholder of a partnership or a company up to the limit as
provided by law. In the case where any Minister intends to
continue to receive benefits in such cases, such Minister shall
inform the President of the National Counter Corruption Commission
within thirty days as from the date of the appointment and shall
transfer his or her shares in the partnership or company to a
juristic person which manages assets for the benefit of other
persons as provided by law.
The Minister shall not do any act
which, by nature, amounts to the administration or management of
shares or affairs of such partnership or company.
Section
210 []
A Minister has the right to attend and give
statements of fact or opinions at a sitting of the House but has
no right to vote. In the case where the House of Representatives
or the Senate has passed a resolution requiring Ministers to
attend a sitting for any matter, they shall attend the sitting.
The provisions of section 157 and section 158 governing privileges
shall apply mutatis mutandis.
Section
211 []
The Council of Ministers which will assume the
administration of the State affairs must, within fifteen days as
from the date it takes office, state its policies to the National
Assembly; provided that no vote of confidence shall be
passed.
Before stating policies to the National Assembly under
paragraph one, if there occurs a case of importance and necessary
urgency which, if left delayed, will affect material benefits of
the State, the Council of Ministers which has taken office may,
for the time being, carry out such acts in so far as it is
necessary.
Section
212 []
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 individually to the House of Representatives
for the performance of their duties and shall also be responsible
collectively to the National Assembly for the general policies of
the Council of Ministers.
Section
213 []
In the case where there is an important problem in
the administration of the State affairs in regard to which the
Council of Ministers deems it advisable to take opinion of members
of the House of Representatives and senators, the Prime Minister
may give a notice to the President of the National Assembly
requesting that a general debate be held at a joint sitting of the
National Assembly. In such case, no resolution shall be passed by
the National Assembly on the issue put in the debate.
Section
214 []
In the case where the Council of Ministers is of the
opinion that any issue may affect national or public interests,
the Prime Minister, with the approval of the Council of Ministers,
may consult the President of the House of Representatives and the
President of the Senate for the purpose of publishing in the
Government Gazette calling for a referendum.
A referendum shall
be for the purpose of public consultation as to whether the
important issue under paragraph one, which is not the issue
contrary to or inconsistent with this Constitution, will be
approved or not. A referendum shall not be held on an issue
specifically relating to any individual or group of persons.
The
publication under paragraph one shall fix the date of the
referendum, which shall not be earlier than ninety days and shall
not be later than one hundred and twenty days as from the date of
its publication in the Government Gazette, and the date of the
referendum shall be the same throughout the Kingdom.
While the
publication under paragraph one is in force, the State shall take
action to ensure that persons who agree or disagree with such
issue can express their opinions equally.
The persons having
the right to vote in an election of members of the House of
Representatives shall have the right to vote in a referendum.
If
it appears from the referendum that the people voting in the
referendum are less than one-fifth of the persons having the right
to vote, the issue for which consultation is sought shall be
deemed to be disapproved by a majority of people. If the people
voting in the referendum are more than one-fifth of the persons
having the right to vote and it appears that the people voting in
the referendum approve it by a majority of votes, the issue for
which consultation is sought shall be deemed to be approved by a
majority of people.
The referendum under this section shall
have the mere effect of advice given to the Council of Ministers
on that issue.
The rules and procedure for voting in a
referendum shall be in accordance with the organic law on
referendum.
Section
215 []
Ministers vacate office en masse upon: 1) the
termination of ministership of the Prime Minister under section
216;
2) the expiration of the term or the dissolution of the
House of Representatives;
3) the resignation of the Council of
Ministers.
The outgoing Council of Ministers shall remain in
office for carrying out duties until the newly appointed Council
of Ministers takes office but, in the case of the vacation of
office under (2), shall not exercise its power to appoint,
transfer or dismiss a Government official holding a permanent
position or receiving a salary or an official of a State agency or
State enterprise, except with the approval of the Election
Commission.
The provisions of section 118(7) and paragraph two
thereof and section 204 shall not apply to the outgoing Council of
Ministers which remains in office for carrying out duties under
paragraph two. In the case where the ministership of the Prime
Minister terminates under section 216 (1), (2), (3), (4), (6) or
(8), the procedure under section 202 and section 203 shall apply
mutatis mutandis.
Section
216 []
The ministership of an individual Minister
terminates upon:
1) death;
2) resignation;
3) being
disqualified or being under any of the prohibitions under section
206;
4) being sentenced by a judgment to imprisonment;
5)
the passing of a vote of no-confidence by the House of
Representatives under section 185 or section 186;
6) having
done an act prohibited by section 208 or section 209;
7) the
issuance of a Royal Command under section 217;
8) being removed
from office by a resolution of the Senate under section 307.
The
provisions of section 96 and section 97 shall apply to the
termination of the ministership under (2), (3), (4) or (6).
Section
217 []
The King has the prerogative to remove a Minister
from his or her office upon the advice of the Prime Minister.
Section
218 []
For the purpose of maintaining national or public
safety or national economic security, or averting public calamity,
the King may issue an Emergency Decree which shall have the force
as an Act.
The issuance of an Emergency Decree under paragraph
one
shall be made only when the Council of Ministers is of the
opinion that it is the case of emergency and necessary urgency
which is unavoidable.
In the next succeeding sitting of the
National Assembly, the Council of Ministers shall submit the
Emergency Decree to the National Assembly for its consideration
without delay. If it is out of session and it would be a delay to
wait for the opening of an ordinary session, the Council of
Ministers must proceed to convoke an extraordinary session of the
National Assembly in order to consider whether to approve or
disapprove the Emergency Decree without delay. If the House of
Representatives disapproves it or approves it but the Senate
disapproves it and the House of Representatives reaffirms its
approval by the votes of not more than one-half of the total
number of the existing members of the House, the Emergency Decree
shall lapse; provided that it shall not affect any act done during
the enforcement of such Emergency Decree.
If the Emergency
Decree under paragraph one has the effect of amending or repealing
any provisions of any Act and such Emergency Decree has lapsed in
accordance with paragraph three, the provisions of the Act in
force before the amendment or repeal shall continue to be in force
as from the day the disapproval of such Emergency Decree is
effective.
If the House of Representatives and the Senate
approve the Emergency Decree, or if the Senate disapproves it but
the House of Representatives reaffirms its approval by the votes
of more than one-half of the total number of the existing members
of the House, such Emergency Decree shall continue to have the
force as an Act.
The Prime Minister shall cause the approval or
disapproval of the Emergency Decree to be published in the
Government Gazette. In case of disapproval, it shall be effective
as from the day following the date of its publication in the
Government Gazette.
The consideration of an Emergency Decree by
the Senate and the House of Representatives in case of
reaffirmation of the Emergency Decree must take place at the first
opportunity when such Houses hold their sittings.
Section
219 []
Before the House of Representatives or the Senate
approves an Emergency Decree under section 218 paragraph three,
members of the House of Representatives or senators of not less
than one-fifth of the total number of the existing members of each
House have the right to submit an opinion to the President of the
House of which they are members that the Emergency Decree is not
in accordance with section 218 paragraph one, and the President of
the House who receives such opinion shall then refer it to the
Constitutional Court for decision. After the Constitutional Court
has given a decision thereon, it shall notify its decision to the
President of the House referring such opinion.
When the
President of the House of Representatives or the President of the
Senate has received the opinion from members of the House of
Representatives or senators under paragraph one, the consideration
of such Emergency Decree shall be deferred until the decision of
the Constitutional Court under paragraph one has been notified.
In
the case where the Constitutional Court decides that any Emergency
Decree is not in accordance with section 218 paragraph one, such
Emergency Decree shall not have the force of law ab initio.
The
decision of the Constitutional Court that an Emergency Decree is
not in accordance with section 218 paragraph one must be given by
votes of not less than two-thirds of the total number of members
of the Constitutional Court.
Section
220 []
If, during a session, it is necessary to have a law
on taxes, duties or currency, which, in the interests of the
State, requires
an urgent and confidential consideration, the
King may issue an Emergency Decree which shall have the force as
an Act. The Emergency Decree issued under paragraph one must be
submitted to the House of Representatives within three days as
from the day following the date of its publication in the
Government Gazette, and the provisions of 218 shall apply mutatis
mutandis.
Section
221 []
The King has the prerogative to issue a Royal Decree
which is not contrary to the law.
Section
222 []
The King has the prerogative to declare and lift the
martial law in accordance with the conditions and manner under the
Martial Law.
In the case where it is necessary to declare the
martial law in a certain locality as a matter of urgency, the
military authority may do so under the Martial Law.
Section
223 []
The King has the prerogative to declare war with the
approval of the National Assembly.
The approval resolution of
the National Assembly must be passed by votes of not less than
two-thirds of the total number of the existing members of both
Houses.
During the expiration of the term or the dissolution of
the House of Representatives, the Senate shall perform the
function of the National Assembly in giving the approval under
paragraph one, and the resolution shall be passed by votes of not
less than two-thirds of the total number of the existing senators.
Section
224 []
The King has the prerogative to conclude a peace
treaty, armistice and other treaties with other countries or
international organisations.
A treaty which provides for a
change in the Thai territories or the jurisdiction of the State or
requires the enactment of an Act for its implementation must be
approved by the National Assembly.
Section
225 []
The King has the prerogative to grant a pardon.
Section
226 []
The King has the prerogative to remove titles and
recall decorations.
Section
227 []
The King appoints and removes officials in the
military service and civil service who hold the positions of
Permanent Secretary of State, Director-General and their
equivalents except in the case where they vacate office upon
death.
Section
228 []
A Government official holding a permanent position
or receiving a salary and not being a political official shall not
be a political official or hold other political position.
Section
229 []
Emoluments and other remuneration of Privy
Councillors, President and Vice-Presidents of the House of
Representatives, President and Vice-Presidents of the Senate,
Leader of the Opposition in the House of Representatives, members
of the House of Representatives and senators shall be prescribed
by the Royal Decree.
Gratuities, pensions or other remuneration
of Privy Councillors, President and Vice-Presidents of the House
of Representatives, President and Vice-Presidents of the Senate,
Prime Minister,
Ministers, Leader of the Opposition in the
House of Representatives, members of the House of Representatives
and senators who vacate their office shall be prescribed by the
Royal Decree.
Section
230 []
The establishment of a new Ministry, Sub-Ministry or
Department which requires an increase of positions or the number
of Government officials or employees shall be made in the form of
an Act.
The amalgamation or transfer of Ministries,
Sub-Ministries or Departments which has or does not have the
effect of establishing a new Ministry, Sub-Ministry or Department
and which does not require an increase of positions or the number
of Government officials or employees, or the dissolution of a
Ministry, Sub-Ministry or department shall be made in the form of
a Royal Decree.
An increase of positions or the number of
Government officials or employees in a Ministry, Sub-Ministry or
Department which is newly established or in the Ministry,
Sub-Ministry or Department which is amalgamated or to which the
transfer is made shall not be permitted within three years as from
the date of the amalgamation or the transfer thereof under
paragraph two.
The Royal Decree under paragraph two shall also
specify the powers and duties of the newly established Ministry,
Sub-Ministry or Department, the transfer of powers and duties
under the provisions of the law vested in the original Government
agency or officials and the transfer of officials and employees,
budget, assets and liabilities.
The execution under paragraph
two in respect of a Ministry, Sub- Ministry or Department already
established by an Act shall be made in the form of a Royal Decree.
The Royal Decree so issued shall be deemed to have the effect of
amending, in the relevant parts, the provisions of the Act or law
which has the same force as an Act.
Section
231 []
All laws, Royal Rescripts and Royal Commands
relating to the State affairs must be countersigned by a Minister
unless otherwise provided in this Constitution.
Section
232 []
All laws which have been signed or deemed to have
been signed by the King shall forthwith be published in the
Government Gazette.
Section
233 []
The trial and adjudication of cases are the powers
of the Courts, which must proceed in accordance with the
Constitution and the law and in the name of the King.
Section
234 []
All Courts may be established only by Acts.
A new
Court for the trial and adjudication of any particular case or a
case of any particular charge in place of an ordinary Court
existing under the law and having jurisdiction over such case
shall not be established.
Section
235 []
A law having an effect of changing or amending the
law on the organisation of Courts or on judicial procedure for the
purpose of its application to a particular case shall not be
enacted.
Section
236 []
The hearing of a case requires a full quorum of
judges. Any judge not sitting at the hearing of a case shall not
give judgement or a decision of such case, except for the case of
force majeure or any other unavoidable necessity as
provided by law.
Section
237 []
In a criminal case, no arrest and detention of a
person may be made except where an order or a warrant of the Court
is obtained, or where such person commits a flagrant offence or
where there is such other necessity for an arrest without warrant
as provided by law. The arrested person shall, without delay, be
notified of the charge and details of such arrest and shall be
given an opportunity to inform, at the earliest convenience, his
or her relative, or the person of his or her confidence, of the
arrest. The arrested person being kept in custody shall be sent to
the Court within forty eight hours as from the time of his or her
arrival at the office of the inquiry official in order for the
court to consider whether there is a reasonable ground under the
law for the detention of the arrested person or not, except for
the case of force majeure or any other unavoidable
necessity as provided by law. A warrant of arrest or detention of
a person may be issued where:
1) there is reasonable evidence
that such person is likely to have committed a serious offence
which is punishable as provided by law; or
2) there is
reasonable evidence that such person is likely to have committed
an offence and there also exists a reasonable cause to believe
that such person is likely to abscond, tamper with the evidence or
commit any other dangerous act.
Section
238 []
In a criminal case, a search in a private place
shall not be made except where an order or a warrant of the Court
is obtained or there is a reasonable ground to search without an
order or a warrant of the Court as provided by law.
Section
239 []
An application for a bail of the suspect or the
accused in a criminal case must be accepted for consideration
without delay, and an excessive bail shall not be demanded. The
refusal of a bail must be based upon the grounds specifically
provided by law, and the suspect or the accused must be informed
of such grounds without delay.
The right to appeal against the
refusal of a bail is protected as provided by law.
A person
being kept in custody, detained or imprisoned has the right to see
and consult his or her advocate in private and receive a visit as
may be appropriate.
Section
240 []
In the case of the detention of a person in a
criminal case or any other case, the detainee, the public
prosecutor or other person acting in the interest of the detainee
has the right to lodge with the Court having criminal jurisdiction
a plaint that the detention is unlawful. Upon receipt of such
plaint, the Court shall forthwith proceed with an ex parte
examination. If, in the opinion of the Court, the plaint presents
a prima facie case, the court shall have the power to order
the person responsible for the detention to produce the detainee
promptly before the Court, and if the person responsible for the
detention can not satisfy the Court that the detention is lawful,
the Court shall order an immediate release of the detainee.
Section
241 []
In a criminal case, the suspect or the accused has
the right to a speedy, continuous and fair inquiry or trial.
At
the inquiry stage, the suspect has the right to have an advocate
or a person of his or her confidence attend and listen to
interrogations.
An injured person or the accused in a criminal
case has the right to inspect or require a copy of his or her
statements made during the inquiry or documents pertaining thereto
when the public prosecutor has taken prosecution as provided by
law.
In a criminal case for which the public prosecutor issues
a final non-prosecution order, an injured person, the suspect or
an interested person has the right to know a summary of evidence
together with the opinion of the inquiry official and the public
prosecutor with respect to the making of the order for the case,
as provided by law.
Section
242 []
In a criminal case, the suspect or the accused has
the right to receive an aid from the State by providing an
advocate as provided by law. In the case where a person being kept
in custody or detained cannot find an advocate, the State shall
render assistance by providing an advocate without delay.
In a
civil case, a person has the right to receive a legal aid from the
State, as provided by law.
Section
243 []
A person has the right not to make a statement
incriminating himself or herself which may result in criminal
prosecution being taken against him or her.
Any statement of a
person obtained from inducement, a promise, threat, deceit,
torture, physical force, or any other unlawful act shall be
inadmissible in evidence.
Section
244 []
In a criminal case, a witness has the right to
protection, proper treatment, necessary and appropriate
remuneration from the State as provided by law.
Section
245 []
In a criminal case, an injured person has the right
to protection, proper treatment and necessary and appropriate
remuneration from the State, as provided by law.
In the case
where any person suffers an injury to the life, body or mind on
account of the commission of a criminal offence by other person
without the injured person participating in such commission and
the injury cannot be remedied by other means, such person or his
or her heir has the right to receive an aid from the State, upon
the conditions and in the manner provided by law.
Section
246 []
Any person who has become the accused in a criminal
case and has been detained during the trial shall, if it appears
from the final judgement of that case that the accused did not
commit the offence or the act of the accused does not constitute
an offence, be entitled to appropriate compensation, expenses and
the recovery of any right lost on account of that incident, upon
the conditions and in the manner provided by law.
Section
247 []
In the case where any person was inflicted with a
criminal punishment by a final judgment, such person, an
interested person, or the public prosecutor may submit a motion
for a review of the case. If it appears in the judgment of the
Court reviewing the case that he or she did not commit the
offence, such person or his or her heir shall be entitled to
appropriate compensation, expenses and the recovery of any right
lost by virtue of the judgment upon the conditions and in the
manner provided by law.
Section
248 []
In the case where there is a dispute on the
competent jurisdiction among the Court of Justice, the
Administrative Court, the Military Court or any other Court, it
shall be decided by a committee consisting of the President of
the
Supreme Court of Justice as Chairman, the President of the
Supreme Administrative Court, the President of such other Court
and not more than four qualified persons as provided by law as
members.
The rules for the submission of the dispute under
paragraph one shall be as provided by law.
Section
249 []
Judges are independent in the trial and adjudication
of cases in accordance with the Constitution and the law.
The
trial and adjudication by judges shall not be subject to
hierarchical supervision.
The distribution of case files to
judges shall be in accordance with the rules prescribed by
law.
The recall or transfer of case files shall not be
permitted except in the case where justice in the trial and
adjudication of the case shall otherwise be affected.
The
transfer of a judge without his or her prior consent shall not be
permitted except in the case of termly transfer as provided by
law, promotion to a higher position, being under a disciplinary
action or becoming a defendant in a criminal case.
Section
250 []
Judges shall not be political officials or hold
political positions.
Section
251 []
The King appoints and removes judges except in the
case of removal from office upon death.
The appointment and
removal from office of a judge of any Court other than the
Constitutional Court, the Court of Justice, the Administrative
Court and the Military Court as well as the adjudicative
jurisdiction and procedure of such Courts shall be in accordance
with the law on the establishment of such Courts.
Section
252 []
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
253 []
Salaries, emoluments and other benefits of judges
shall be as provided by law; provided that the system of
salary-scale or emoluments applicable to civil servants shall not
be applied. The provisions of paragraph one shall apply to
Election Commissioners, Ombudsmen, members of the National Counter
Corruption Commission and members of the State Audit Commission
mutatis mutandis.
Section
254 []
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.
Section
255 []
The Constitutional Court consists of the President
and fourteen judges of the Constitutional Court to be appointed by
the King upon advice of the Senate from the following persons:
1)
five judges of the Supreme Court of Justice holding a position of
not lower than Judge of the Supreme Court of Justice and elected
at a general meeting of the Supreme Court
of Justice by secret
ballot;
2) two judges of the Supreme Administrative Court
elected at a general meeting of the Supreme Administrative Court
by secret ballot;
3) five qualified persons in law elected
under section 257;
4) three qualified persons in political
science elected under section 257.
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
256 []
The qualified person under section 255 (3) and (4)
shall possess the qualifications and shall 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 Minister, an Election Commissioner, an
Ombudsman, a member of the National Human Rights Commission, a
member of the National Counter Corruption Commission or a member
of the State Audit Commission, or having served, in the past, in a
position of not lower than Deputy Prosecutor General,
Director-General or its equivalent, or holding a position of not
lower than Professor;
4) not being under any of the
prohibitions under section 106 or section 109 (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 other position of a political
party over the 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
257 []
The selection and election of judges of the
Constitutional Court under section 255 (3) and (4), shall be
proceeded 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, Deans of the Faculty of Law, or
the equivalent, of all State higher education institutions, being
elected among themselves to be four in number, Deans of the
Faculty of Political Science, or the equivalent, of all State
higher education institutions, being elected among themselves to
be four in number, and representatives of all political parties
having a member who is a member of the House of Representatives
provided that each party shall have one representative and all
such representatives shall elect among themselves to be four in
number, as members. The Committee shall have the duties to select
and prepare a list of names of ten qualified persons under section
255 (3) and six qualified persons under section 255 (4) and submit
it to the President of the Senate with the consent of the
nominated persons within thirty days as from the date when a
ground for the selection of persons to be in such office occurs.
The resolution making such nomination must be passed by votes of
not less than three-fourths of the total number of the existing
members of the Committee;
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 in
the list under (1). For this purpose, the first five persons in
the name-list of qualified
persons under section 255 (3) and
the first three persons in the name-list of qualified persons
under section 255 (4) who receive the highest votes which are more
than one-half of the total number of the existing senators shall
be elected as judges of the Constitutional Court, but if the
number of the persons elected from the name-list of the qualified
persons under section 255 (3) is less than five or the number of
the persons elected from the name-list of the qualified persons
under section 255 (4) is less than three, the name-list of those
not elected on the first occasion shall be submitted to the
senators for voting on another occasion consecutively. In such
case, the persons receiving the highest number of votes in
respective order in the specified number shall be elected as
judges of the Constitutional Court. If there are persons receiving
equal votes in any order which result in having more than five or
three persons, as the case may be, the President of the Senate
shall draw lots to determine who are elected persons. The
provisions of section 255 paragraph two and paragraph three shall
apply mutatis mutandis.
Section
258 []
The President and judges of the Constitutional Court
shall not:
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
organisation or a director or adviser of a State enterprise or
State agency;
3) hold any position in a partnership, a company
or an organisation carrying out business with a view to sharing
profits or incomes, or be an employee of any person;
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 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 independent profession has ceased to exist.
This must be done within fifteen days as from the date of the
election. If such person has not resigned or has not ceased to
engage in the independent profession within the specified time, it
shall be deemed that that person has never been elected to be a
judge of the Constitutional Court and the provisions of section
261 shall apply.
Section
259 []
The President and judges of the Constitutional Court
shall hold office for nine years as from the date of their
appointment by the King and shall hold office for only one
term.
The outgoing President and judges of the Constitutional
Court shall remain in office to perform duties until the newly
appointed President and judges of the Constitutional Court take
office.
The President and judges of the Constitutional Court
shall be judicial officials under the law.
Section
260 []
In addition to the vacation of office upon the
expiration of term, the President and judges of the Constitutional
Court vacate office upon:
1) death;
2) being of seventy
years of age;
3) resignation;
4) being disqualified or being
under any of the prohibitions under section 256;
5) having done
an act in violation of section 258;
6) the Senate passing a
resolution under section 307 for the removal from office;
7)
being sentenced by a judgement to imprisonment.
When a case
under paragraph one occurs, the remaining judges shall continue to
perform their duties subject to section 267.
Section
261 []
In the case where the President and judges of the
Constitutional Court vacate office en masse at the
expiration of term, the proceedings under section 255 and section
257 shall be taken within thirty days as from the date of the
vacation of office. In the case where the President and judges of
the Constitutional Court vacate office otherwise than in the case
under paragraph one, the following proceedings shall be taken: 1)
in the case of the judge of the Constitutional Court who was
elected at the general meeting of the Supreme Court of Justice,
section 255 (1) shall apply mutatis mutandis; provided that
the election thereunder shall be completed within thirty days as
from the date of the vacation of office; 2) in the case of the
judge of the Constitutional Court who was elected at the general
meeting of the Supreme Administrative Court, section 255 (2) shall
apply mutatis mutandis; provided that the election
thereunder shall be completed within thirty days as from the date
of the vacation of office; 3) in the case of the judges of the
Constitutional Court under section 255(3) or (4), section 257
shall apply mutatis mutandis. In such case, the nomination
of suitable persons to be qualified judges of the Constitutional
Court under section 255 (3) or (4) shall be presented to the
President of the Senate by submitting names of persons in the
double number of the outgoing judges and the Senate shall pass a
resolution for the election within thirty days from the date of
the vacation office. In the case where some or all judges of the
Constitutional Court vacate office out of a session of the
National Assembly, the proceedings under section 257 shall be
taken within thirty days as from the date of the opening of a
session of the National Assembly. In the case where the President
of the Constitutional Court vacates office, the provisions of
section 255 paragraph two shall apply mutatis mutandis.
Section
262 []
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 94, 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 decision and,
without delay, inform the Prime Minister thereof;
2) if not
less than twenty members of the House of Representatives, senators
or members of both Houses are of the opinion that the provisions
of the said organic law bill are contrary to or inconsistent with
this Constitution or such organic law bill is enacted contrary to
this Constitution, they shall submit their opinion to the
President of the House of Representatives, the President of the
Senate or the President of the National Assembly, as the case may
be, and the President of the House receiving such opinion shall
then refer it to the Constitutional Court for decision and,
without delay, inform the Prime Minister thereof;
3) if the
Prime Minister is of the opinion that the provisions of the said
bill or organic law bill are contrary to or inconsistent with this
Constitution or it is enacted contrary to the provisions
of
this Constitution, the Prime Minister shall refer such opinion to
the Constitutional Court for decision and, without delay, inform
the President of the House of Representatives and the President of
the Senate thereof.
During the consideration of the
Constitutional Court, the Prime Minister shall suspend the
proceedings in respect of the promulgation of the bill or organic
law bill until the Constitutional Court gives a decision
thereon.
If the Constitutional Court decides that the
provisions of such bill or organic law bill are contrary to or
inconsistent with this Constitution or it is enacted contrary to
the provisions of this Constitution and that such provisions of
the bill or organic law bill form the essential element thereof,
such bill or organic law bill shall lapse.
If the
Constitutional Court decides that the provisions of such bill or
organic law bill are contrary to or inconsistent with this
Constitution otherwise than in the case specified in paragraph
three, such conflicting or inconsistent provisions shall lapse and
the Prime Minister shall proceed further in accordance with
section 93 or section 94, as the case may be.
Section
263 []
The provisions of section 262 (2) shall apply
mutatis mutandis to draft rules of procedure of the House
of Representatives, draft rules of procedure of the Senate and
draft rules of procedure of the National Assembly which have
already been approved by the House of Representatives, the Senate
or the National Assembly, as the case may be, but remain
unpublished in the Government Gazette.
Section
264 []
In the application of the provisions of any law to
any case, if the Court by itself is of the opinion that, or a
party to the case raises an objection that, the provisions of such
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 official service, its opinion to the
Constitutional Court for consideration and decision.
In the
case where the Constitutional Court is of the opinion that the
objection of a party under paragraph one is not essential for
decision, the Constitutional Court may refuse to accept the case
for consideration.
The decision of the Constitutional Court
shall apply to all cases but shall not affect final judgements of
the Courts.
Section
265 []
In the performance of duties, the Constitutional
Court shall have the power to demand documents or relevant
evidence from any person or summon any person to give statements
of fact as well as request the Courts, inquiry officials, a State
agency, State enterprise or local government organisation to carry
out any act for the purpose of its consideration.
The
Constitutional Court shall have the power to appoint a person or a
group of persons to carry out duties as entrusted.
Section
266 []
In the case where a dispute arises as to the powers
and duties of organs under the Constitution, such organs or the
President of the National Assembly shall submit a matter together
with the opinion to the Constitutional Court for decision.
Section
267 []
The quorum of judges of the Constitutional Court for
hearing and giving a decision shall consist of not less than nine
judges. The decision of the Constitutional Court shall be made by
a majority of votes, unless otherwise provided in this
Constitution.
Every judge of the Constitutional Court who
constitutes a quorum shall give a decision on his or her own part
and make
an oral statement to the meeting before passing a
resolution.
The decisions of the Constitutional Court and all
judges thereof shall be published in the Government Gazette.
The
decision of the Constitutional Court must at least consist of the
background or allegation, summary of facts obtained from hearings,
reasons for the decision on questions of fact and questions of law
and the provisions of the Constitution and the law invoked and
resorted to.
Section
268 []
The decision of the Constitutional Court shall be
deemed final and binding on the National Assembly, Council of
Ministers, Courts and other State organs.
Section
269 []
The procedure of the Constitutional Court shall be
prescribed by the Constitution Court, which must be done by a
unanimous resolution of its judges, and shall be published in the
Government Gazette.
The procedure of the Constitutional Court
under paragraph one must also be founded at least upon fundamental
guarantees with regard to the openness of hearing, the opportunity
to the parties to express their opinions before the decision of
the case, the right of the parties to inspect documents relating
to them, the opportunity to challenge the judge of the
Constitutional Court and the reasoning of the decision or order of
the Constitutional Court.
Section
270 []
The Constitutional Court shall have its independent
secretariat, with the Secretary-General of the Office of the
Constitutional Court as the superior responsible directly to the
President of the Constitutional Court.
The appointment of the
Secretary-General of the Office of the Constitutional Court must
be approved by judges of the Constitutional Court.
The Office
of the Constitutional Court shall have autonomy in personnel
administration, budget and other activities as provided by law.
Section
271 []
The Courts of Justice have the powers to try and
adjudicate all cases except those specified by this Constitution
or the law to be within the jurisdiction of other courts.
Section
272 []
There shall be three levels of Courts of Justice,
viz, Courts of First Instance, Court of Appeal and the Supreme
Court of Justice, except otherwise provided by this Constitution
or other laws.
There shall be in the Supreme Court of Justice a
Criminal Division for Persons Holding Political Positions the
quorum of which consists of nine judges of the Supreme Court of
Justice holding a position of not lower than Judge of theSupreme
Court of Justice and elected at a general meeting of the Supreme
Court of Justice by secret ballot and on a case-by-case basis.
The
competence of the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions and the criminal procedure for
such persons shall be as provided by this Constitution and the
organic law on criminal procedure for persons holding political
positions.
Section
273 []
The appointment and removal from office of a judge
of a Court of Justice must be approved by the Judicial Commission
of the Courts of Justice before they are tendered to the King.
The
promotion, increase of salaries and punishment of judges of the
Courts of Justice must be approved by the Judicial
Commission
of the Courts of Justice. For this purpose, the Judicial
Commission of the Courts of Justice shall appoint a sub-committee
in each level of Courts for preparing and presenting its opinion
on such matter for consideration.
Section
274 []
The Judicial Commission of the Courts of Justice
consists of the following persons:
1) President of the Supreme
Court of Justice as Chairman;
2) twelve qualified members of
all levels of Courts, four persons from each level, who are judges
of each level of Courts and elected by judicial officials of all
levels of Courts;
3) two qualified members who are not or were
not judicial officials and who are elected by the Senate.
The
qualifications, prohibitions and procedure for the election of the
qualified members shall be in accordance with the provisions of
the law.
Section
275 []
The Courts of Justice shall have an independent
secretariat, with the Secretary-General of the Office of the
Courts of Justice as the superior responsible directly to the
President of the Supreme Court of Justice.
The appointment of
the Secretary-General of the Office of the Courts of Justice must
be approved by the Judicial Commission of the Courts of
Justice.
The Office of the Courts of Justice shall have
autonomy in personnel administration, budget and other activities
as provided by law.
Section
276 []
Administrative Courts have the powers to try and
adjudicate cases of dispute between a State agency, State
enterprise, local government organisation, or State official under
the superintendence or supervision of the Government on one part
and a private individual on the other part, or between a State
agency, State enterprise, local government organisation, or State
official under the superintendence or supervision of the
Government on one part and another such agency, enterprise,
organisation or official on the other part, which is the dispute
as a consequence of the act or omission of the act that must be,
according to the law, performed by such State agency, State
enterprise, local government organisation, or State official, or
as a consequence of the act or omission of the act under the
responsibility of such State agency, State enterprise, local
government organisation or State official in the performance of
duties under the law, as provided by law.
There shall be the
Supreme Administrative Court and Administrative Courts of First
Instance, and there may also be the Appellate Administrative
Court.
Section
277 []
The appointment and removal from office of an
administrative judge must be approved by the Judicial Commission
of the Administrative Courts as provided by law before they are
tendered to the King.
Qualified persons in the field of law or
the administration of the State affairs may be appointed as judges
of the Supreme Administrative Court. Such appointment shall be
made in the number of not less than one-third of the total number
of judges of the Supreme Administrative Court and must be approved
by the Judicial Commission of the Administrative Courts as
provided by law and by the Senate before it is tendered to the
King.
The promotion, increase of salaries, and punishment of
administrative judges must be approved by the Judicial Commission
of the Administrative Courts as provided by law.
Section
278 []
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
279 []
The Judicial Commission of the Administrative Courts
consists of the following persons:
1) President of the Supreme
Administrative Court as Chairman;
2) nine qualified members who
are administrative judges and elected by administrative judges
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 procedure for
the election of the qualified members shall be in accordance with
the provisions of the law.
Section
280 []
The Administrative Courts shall have an independent
secretariat, with the Secretary-General of the Office of the
Administrative Courts as the superior responsible directly to the
President of the Supreme Administrative Court.
The appointment
of the Secretary-General of the Office of the Administrative
Courts must be approved by the Judicial Commission of
Administrative Courts as provided by law.
The Office of the
Administrative Courts shall have autonomy in personnel
administration, budget and other activities as provided by law.
Section
281 []
Military Courts have the powers to try and
adjudicate military criminal cases and other cases as provided by
law.
The appointment and removal from office of military judges
shall be as provided by law.
Section
282 []
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.
Section
283 []
Any locality which meets the conditions of self-
government shall have the right to be formed as a local government
organisation as provided by law.
The supervision of a local
government organisation must be exercised in so far as it is
necessary as provided by law but must be for protecting local
interests or the interests of the country as a whole; provided,
however, that it shall not substantially affect the principle of
self-government according to the will of the people in the
locality otherwise than as provided by law.
Section
284 []
All local government organisations shall enjoy
autonomy in laying down policies for their governance,
administration, personnel administration, finance and shall have
powers and duties particularly on their own part.
The
delineation of powers and duties between the State and a local
government organisation and among local government organisations
themselves shall be in accordance with the provisions of the law,
having particular regard to the promotion of decentralisation.
For
the purpose of the continual development of decentralisation to a
higher level, there shall be the law determining plans and
process
of decentralisation, the substance of which shall at least provide
for the following matters.
1) the delineation of powers and
duties in the management of public services between the State and
a local government organisation and among local government
organisations themselves;
2) the allocation of taxes and duties
between the State and a local government organisation, having
regard to burdens of the State vis-a-vis the local government
organisation and those among local government organisations
themselves;
3) the setting up of a committee to perform the
duties in (1) and (2) consisting, in an equal number, of
representatives of relevant Government agencies, representatives
of local government organisation and qualified persons possessing
the qualifications as provided by law.
In the case where the
delineation of powers and duties and the allocation of taxes and
duties under (1) and (2) have been made for any local government
organisation, the committee under (3) shall review them every five
years as from the date of the delineation of powers and duties or
the date of the allocation of taxes and duties, as the case may
be, in order to consider the suitability of the delineation of
powers and duties and the allocation of taxes and duties
previously made, having particular regard to the promotion of
decentralisation.
The proceeding under paragraph four shall be
effective when the approval of the Council of Ministers has been
obtained and the National Assembly has been notified thereof.
Section
285 []
A local government organisation shall have a local
assembly and local administrative committee or local
administrators.
Members of a local assembly shall be elected.
A
local administrative committee or local administrators shall be
directly elected by the people or shall be from the approval of a
local assembly.
An election of members of a local assembly and
local administrative committee or local administrators who must be
directly elected by the people shall be made by direct suffrage
and secret ballot.
Members of a local assembly, local
administrative committee or local administrators shall hold office
for the period of four years.
A member of a local
administrative committee or local administrator shall not be a
Government official holding a permanent position or receiving a
salary or an official or employee of a State agency, State
enterprise or local government organisation.
The qualifications
of the person having the right to vote and the 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 rules and procedure therefor shall be in
accordance with the provisions of the law. In the case where there
is a dissolution of a local assembly or where members of a local
assembly have vacated office en masse under section 286 and
a local administrative committee or local administrators must be
temporarily appointed, the provisions of paragraph two, paragraph
three and paragraph six shall not apply, as provided by law.
Section
286 []
If persons, having the right to vote in an election
in any local government organisation, of not less than
three-fourths of the number of the voters who are present to cast
ballot consider that any member of the local assembly or any
administrator of that local government organisation is not
suitable to remain in office, such member or administrator shall
vacate the office, as provided by law.
The voting under
paragraph one shall be made by not less than one-half of the total
number of the persons having the right to vote.
Section
287 []
Persons, having the right to vote in any local
government organisation, of not less than one-half of the total
number of the persons having the right to vote in that local
government organisation shall have the right to lodge with the
President of the local assembly a request for the issuance by the
local assembly of local ordinances.
The request under paragraph
one shall be accompanied by the draft local ordinances.
The
rules and procedure for the lodge of request and the examination
thereof shall be as provided by law.
Section
288 []
The appointment and removal of officials and
employees of a local government organisation shall be in
accordance with the need of and suitability to each locality and
shall obtain prior approval from the Local Officials Committee, as
provided by law.
The Local Officials Committee under paragraph
one shall consist, in an equal number, of representatives of
relevant Government agencies, representatives of local government
organisations and qualified persons possessing the qualifications
as provided by law.
The transfer, promotion, increase of
salaries and the punishment of the officials and employees of a
local government organisation shall be in accordance with the
provisions of the law.
Section
289 []
A local government organisation has the duty to
conserve local arts, custom, knowledge or good culture.
A local
government organisation has the right to provide education and
professional training in accordance with the suitability to and
the need of that locality and participate in the provision of
education and training by the State; provided that it shall not be
contrary to section 43 and section 81, as provided by law.
In
providing education and training in the locality under paragraph
two, the local government organisation shall also have regard to
the conservation of local arts, custom, knowledge and good
culture.
Section
290 []
For the purpose of promoting and maintaining the
quality of the environment, a local government organisation has
powers and duties as provided by law.
The law under paragraph
one shall at least contain the following matters as its
substance:
1) the management, preservation and exploitation of
the natural resources and environment in the area of the
locality;
2) the participation in the preservation of natural
resources and environment outside the area of the locality only in
the case where the living of the inhabitants in the area may be
affected;
3) the participation in considering the initiation of
any project or activity outside the area of the locality which may
affect the quality of the environment, health or sanitary
conditions of the inhabitant in the area.
Chapter X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities
Section
291 []
Persons holding the following political positions
shall submit an account showing particulars of assets and
liabilities of themselves, their spouses and children who have not
yet become sui juris to the National Counter Corruption Commission
on each occasion of taking or vacating office:
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 of the previous
fiscal year. The declarer shall certify the accuracy of the
account and copies of the submitted documents by affixing his or
her signature on every page thereof.
Section
292 []
The account showing particulars of assets and
liabilities under section 291 shall disclose the particulars of
assets and liabilities actually existing as of the date of the
submission thereof and shall be submitted within such time as
follows:
1) in the case of the taking of office, within thirty
days as from the date of taking office;
2) in the case of the
vacation of office, within thirty days as from the date of the
vacation;
3) in the case where the person under section 291,
who has already submitted the account, dies while being in office
or before submitting the same after the vacation of office, an
heir or an administrator of an estate of such person shall submit
an account showing the particulars of assets and liabilities
existing on the date of such person's death within ninety days as
from the date of the death.
In addition to the submission of
the account under (2), the person holding a position of Prime
Minister, Ministers, local administrator, member of a local
assembly or the person holding a political position but having
vacated office shall also re-submit an account showing particulars
of assets and liabilities within thirty days as from the date of
the expiration of one year after the vacation of office.
Section
293 []
When the account showing the particulars of assets
and liabilities and its supporting documents have been received,
the President of the National Counter Corruption Commission or the
member of the National Counter Corruption Commission as entrusted
by the President shall affix his or her signature on every page of
the account.
The account and supporting documents under
paragraph one submitted by the Prime Minister and Ministers shall
be disclosed to public without delay but not later than thirty
days as from the date of the expiration of the time limit for the
submission of such account. The account of the persons holding
other positions shall not be disclosed to any person unless the
disclosure will be useful for the trial and adjudication of cases
or for the making of a decision and is requested by the courts or
the State Audit Commission.
The President of the National
Counter Corruption Commission shall convene a meeting of the
Commission to inspect the accuracy and the actual existence of
assets and liabilities without delay.
Section
294 []
In the case where the submission of the account is
made by reason of the vacation of office or death of any person
holding a political position, the National Counter Corruption
Commission shall inspect the change of assets and liabilities of
such person and prepare a report of the inspection. Such report
shall be published in the Government Gazette.
In the case where
it appears that the assets of the person under paragraph one have
unusually increased, the President of the National Counter
Corruption Commission shall send all documents together with the
inspection report to the Prosecutor General to institute an action
in the Supreme Court of Justice's
Criminal Division for Persons
Holding Political Positions so that the unusually increasing
assets shall vest in the State. The provisions of section 305
paragraph five shall apply mutatis mutandis.
Section
295 []
Any person holding a political position who
intentionally fails to submit the account showing assets and
liabilities and the supporting documents as provided in this
Constitution or intentionally submits the same with false
statements or conceals the facts which should be revealed shall
vacate office as from the date of the expiration of the time limit
for the submission under section 292 or as from the date such act
is discovered, as the case may be, and such person shall be
prohibited from holding any political position for five years as
from the date of the vacation of office. When the case under
paragraph one occurs, the National Counter Corruption Commission
shall refer the matter to the Constitutional Court for further
decision, and when the decision of the Constitutional Court is
given, the provisions of section 97 shall apply mutatis
mutandis.
Section
296 []
The provisions of section 291, section 292, section
293 paragraph one and paragraph three and section 295 paragraph
one shall apply mutatis mutandis to other State officials
as provided by the organic law on counter corruption.
Part 2 The National Counter Corruption Commission
Section
297 []
The National Counter Corruption Commission consists
of the President and eight qualified members appointed by the King
with the advice of the Senate.
Members of the National Counter
Corruption Commission shall be persons of apparent integrity, with
qualifications and without any of the prohibitions under section
256. The provisions of section 257 and section 258 shall apply to
the selection and election of members of the National Counter
Corruption Commission mutatis mutandis. For this purpose,
the Selective Committee for members of the National Counter
Corruption Commission shall consist of fifteen members, viz, the
President of the Supreme Court of Justice, the President of the
Constitutional Court, the President of the Supreme Administrative
Court, Rectors of all State higher education institutions which
are juristic person, being elected among themselves to be seven in
number, and representatives of all political parties having a
member who is a member of the House of Representatives; provided
that each party shall have one representative and all such
representatives shall elect among themselves to be five in number.
The President of the Senate shall countersign the Royal Command
appointing the President and members of the National Counter
Corruption Commission.
Section
298 []
Members of the National Counter Corruption
Commission shall hold office for a term of nine years as from the
date of their appointment by the King and shall serve for only one
term.
Members of the National Counter Corruption Commission who
vacate office at the expiration of term shall remain in office to
continue to perform their duties until the newly appointed members
take office. Section 260 and section 261 shall apply to the
vacation, selection and election of members of the National
Counter Corruption Commission mutatis mutandis.
Section
299 []
Members of the House of Representatives of not less
than one-fourth of the total number of the existing members of
the
House have a right to lodge with the President of the
Senate a complaint that any member of the National Counter
Corruption Commission has acted unjustly, intentionally violated
the Constitution or laws or has been under any circumstance which
is seriously detrimental to the dignity of the holding of office,
in order to request the Senate to pass a resolution removing him
or her from office.
The resolution of the Senate removing the
member of the National Counter Corruption Commission from office
under paragraph one shall be passed by votes of not less than
three-fourths of the total number of the existing members of the
Senate.
Section
300 []
Members of the House of Representatives, senators or
members of both Houses of not less than one-fourth of the total
number of the existing members of both Houses have a right to
lodge with the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions an allegation that any member
of the National Counter Corruption Commission has become unusually
wealthy or has committed an offence of corruption or malfeasance
in office.
The request under paragraph one shall clearly,
itemise the circumstance in which such person has allegedly
committed the act under paragraph one and shall be submitted to
the President of the Senate. When the President of the Senate has
received the said request, the President shall refer it to the
Supreme Court of Justice's Criminal Division for Persons Holding
Political Positions for trial and adjudication.
The alleged
member of the National Counter Corruption Commission shall not
perform his or her duty until the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions has
dismissed the said request.
Section
301 []
The National Counter Corruption Commission shall
have the following powers and duties:
1) to inquire into facts,
summarise the case and prepare opinion to be submitted to the
Senate according to section 305;
2) to inquire into facts,
summarise the case and prepare opinions to be submitted to the
Supreme Court of Justice's Criminal Division for Persons Holding
Political Positions in accordance with section 308;
3) to
inquire and decide whether a State official has become unusually
wealthy or has committed an offence of corruption, malfeasance in
office or malfeasance in judicial office in order to take further
action in accordance with the organic law on counter
corruption;
4) to inspect the accuracy, actual existence as
well as change of assets and liabilities of the persons holding
positions under section 291 and section 296 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 publish that report
for dissemination;
6) to carry on other acts as provided by
law. Section 146 and section 265 shall apply to the performance of
duties of the National Counter Corruption Commission mutatis
mutandis.
Section
302 []
The National Counter Corruption Commission shall
have an independent secretariat, with the Secretary-General of the
National Counter Corruption Commission as the superior responsible
directly to the President of the National Counter Corruption
Commission.
The appointment of the Secretary-General of the
National Counter Corruption Commission shall be approved by the
National Counter Corruption Commission and the Senate.
The
Office of the National Counter Corruption Commission shall have
autonomy in personnel administration, budget and other activities
as provided by law.
Part 3 The Removal from Office
Section
303 []
A person holding a position of Prime Minister,
Minister, member of the House of Representatives, senator,
President of the Supreme Court of Justice, President of the
Constitutional Court, President of the Supreme Administrative
Court or Prosecutor General, who is under the circumstance of
unusual wealthiness indicative of the commission of corruption,
malfeasance in office, malfeasance in judicial office or an
intentional exercise of power contrary to the provisions of the
Constitution or law, may be removed from office by the Senate.
The
provisions of paragraph one shall also apply to the persons
holding the following positions:
1) Election Commissioner,
Ombudsman, judge of the Constitutional Court, 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
304 []
Members of the House of Representatives of not less
than one-fourth of the total number of the existing members of the
House or voters of not less than fifty-thousand in number have the
right to lodge with the President of the Senate a complaint in
order to request the Senate to pass a resolution under section 307
removing the persons under section 303 from office. The said
request shall clearly itemise circumstances in which such persons
have allegedly committed the act.
Senators of not less than
one-fourth of the total number of the existing members of the
Senate have the right to lodge with the President of the Senate a
complaint in order to request the Senate to pass a resolution
under section 307 removing a senator from office.
The rules,
procedure and conditions for the lodging of the complaint by the
voters under paragraph one shall be in accordance with the organic
law on counter corruption.
Section
305 []
Upon receipt of the request under section 304, the
President of the Senate shall refer the matter to the National
Counter Corruption Commission for investigation without delay.
When the investigation is complete, the National Counter
Corruption Commission shall prepare a report thereon for
submission to the Senate. The said report shall clearly state
whether, and to what extent, the accusation put in the request is
prima facie case and shall state the reasons therefor. In
the case where the National Counter Corruption Commission is of
the opinion that the accusation put in the request is an important
matter, the National Counter Corruption Commission may make a
separate report specifically on the said accusation and refer it
to the Senate in advance. If the National Counter Corruption
Commission passes a resolution that the accusation has a prima
facie case, the holder of the position against whom the
accusation has been made shall not, as from the date of such
resolution, perform his or her duties until the Senate has passed
its resolution. The President of the National Counter Corruption
Commission shall submit the report, existing documents and its
opinion to the President of the Senate for proceeding in
accordance with section 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 is of the opinion that the
accusation has no prima facie case, such accusation shall
lapse. In the case where the Prosecutor General is of the opinion
that
the report, documents and opinion submitted by the
National Counter Corruption Commission under paragraph four are
not so complete as to institute prosecution, the Prosecutor
General shall notify the National Counter Corruption Commission
for further proceedings and, for this purpose, the incomplete
items shall be specified on the same occasion. In such case, the
National Counter Corruption Commission and the Prosecutor General
shall appoint a working committee, consisting of their
representatives in an equal number, for collecting complete
evidence and submit it to the Prosecutor General for further
prosecution. In the case where the working committee is unable to
reach a decision as to the prosecution, the National Counter
Corruption Commission shall have the power to prosecute by itself
or appoint a lawyer to prosecute on its behalf.
Section
306 []
Upon receipt of the report under section 305, the
President of the Senate shall convoke a sitting of the Senate for
considering the said matter without delay.
In the case where
the National Counter Corruption Commission submits the report out
of session of the Senate, the President of the Senate shall inform
the President of the National Assembly in order to tender a
petition to the King for the issuance of a Royal Command convoking
an extraordinary session of the National Assembly. The President
of the Senate shall countersign the Royal Command.
Section
307 []
A senator shall have autonomy in casting a vote,
which must be by secret ballot. A resolution for the removal of
any person from office shall be passed by votes of not less than
three-fifths of the total number of the existing members of the
Senate.
A person who is removed from office shall vacate office
or be released from government service as from the date of the
resolution of the Senate. Such person shall be deprived of the
right to hold any political position or to serve in the government
service for five years.
The resolution of the Senate under this
section shall be final and no request for the removal of such
person from office shall be made on the same ground, without,
however, prejudice to the trial of the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions.
Part 4 Criminal Proceedings Against Persons Holding Political Positions
Section
308 []
In the case where the Prime Minister, a minister,
member of the House of Representatives, senator or other political
official has been accused of becoming unusually wealthy, or of the
commission of malfeasance in office according to the Penal Code or
a dishonest act in the performance of duties or corruption
according to other laws, the Supreme Court of Justice's Criminal
Division for Persons Holding Political Positions shall have the
competent jurisdiction to try and adjudicate the case.
The
provisions of paragraph one shall also apply to the case where the
said person or other person is a principal, an instigator or a
supporter.
Section
309 []
A person injured by the act under section 308 shall
have the right to lodge with the National Counter Corruption
Commission the petition for action to be taken under section 301
(2) in accordance with the organic law on counter corruption. The
provisions of section 305 paragraph one, paragraph four and
paragraph five shall apply mutatis mutandis.
Section
310 []
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 265 shall
apply to the performance of duties of the Supreme Court of
Justice's Criminal Division for Persons Holding Political
Positions mutatis mutandis. The provisions on the immunity
of members of the House of Representatives and senators under
section 166 and section 167 shall not apply to a trial of the
Supreme Court of Justice's Criminal Division for Persons Holding
Political Positions.
Section
311 []
An adjudication of a case shall be made by a
majority of votes; provided that every judge constituting the
quorum shall prepare his or her written opinion and make oral
statements to the meeting prior to the passing of a
resolution.
The opinion shall at least contain the following
particulars:
1) name of the accused person;
2) the matter on
which the accusation is made;
3) accusation and a summary of
facts derived from trials;
4) reasons given for the decision of
both questions of law and questions of fact;
5) provisions of
the law referred to;
6) decision and actions to be taken in
connection with the assets concerned, if any.
Orders and
decisions of the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions shall be disclosed and final.
Section
312 []
The State audit shall be carried out by the State
Audit Commission and the Auditor-General who is independent and
impartial.
The State Audit Commission consists of the Chairman
and nine other members appointed by the King with the advice of
the Senate, from persons with expertise and experience in state
audit, accounting, internal audit, finance and other fields.
The
State Audit Commission shall have an independent secretariat, with
the Auditor-General as the superior responsible directly to the
Chairman of the State Audit Commission, as provided by the organic
law on state audit.
The King shall appoint the Auditor-General
with the advice of the Senate from persons with expertise and
experience in state audit, accounting, internal audit, finance or
other fields.
The President of the Senate shall countersign the
Royal Command appointing the Chairman and members of the State
Audit Commission and the Auditor-General.
Members of the State
Audit Commission shall hold office for a term of six years from
the date of their appointment by the King and shall serve for only
one term.
Qualifications, prohibitions, selection, election,
and vacation of office of members of the State Audit Commission
and the Auditor-General as well as powers and duties of the State
Audit Commission, the Auditor-General and the Office of the State
Audit Commission shall be in accordance with the organic law on
state audit.
The determination of qualifications and procedure
for the election of persons to be appointed as members of the
State Audit Commission and the Auditor-General shall be made in
the manner which can secure persons of appropriate qualifications
an integrity and which can provide for the guarantee of the
independence in the performance of duties of such persons.
Chapter XII Amendment of the Constitution
Section
313 []
An amendment of the Constitution may be made only
under the
rules and procedure as follows:
1) a motion for
amendment must be proposed either by the Council of Ministers or
members of the House of Representatives of not less than one-fifth
of the total number of the existing members of the House of
Representatives or members of both Houses of not less than
one-fifth of the total number of the existing members thereof.
Members of the House of Representatives may propose or jointly
propose such motion only upon the resolutions of the political
parties to which they belong;
A motion for amendment which has
the effect of changing the democratic regime of government with
the King as Head of the State or changing the form of the State
shall be prohibited;
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
of 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 the
existing members of both Houses; 7) after the resolution has been
passed in accordance with the above rules and procedure, the draft
Constitution Amendment shall be presented to the King, and the
provisions of section 93 and section 94 shall apply mutatis
mutandis.
[Chapter XIII] Transitory Provisions
Section
314.
The Privy Council holding office on the date of the
promulgation of this Constitution shall be the Privy Council under
the provisions of this Constitution. During the termination of
membership of senators en masse under section 323, the
President of the Privy Council shall also act as the Privy Council
while the remainder of the Privy Council shall act as the National
Assembly under section 19, section 21, section 22 and section 23;
provided that section 20 paragraph three and section 24 paragraph
three shall not apply. The Privy Council shall elect one among
themselves to act as President pro tempore.
Section
315 []
As from the date of the promulgation of this
Constitution, the House of Representatives under the Constitution
of the Kingdom of Thailand, B.E. 2534 as last amended by the
Constitution Amendment (No. 6), B.E. 2539 shall act as the House
of Representatives under this Constitution until the date of the
election of members of the House of Representatives under section
324; and the Senate under the Constitution of the Kingdom of
Thailand, B.E. 2534 as last amended by the Constitution Amendment
(No. 6), B.E.2539 shall act as the Senate under this Constitution
until the expiration of the period of four years, as from the date
of the appointment of senators by the King under paragraph five
(1) or the date of the election of senators under paragraph five
(2), as the case may be.
Members of the House of
Representatives holding office on the date of the promulgation of
this Constitution shall be members of the House of Representatives
under this Constitution until the expiration of term of the House,
the dissolution thereof, or the termination of membership under
section 323, as the case may be. In the case where the office of a
member of the House of Representatives becomes vacant for any
reason whatsoever, the
House shall consist of its remaining
members.
Senators holding office on the date of the
promulgation of this Constitution shall be senators under this
Constitution until membership of senators terminates under the
Constitution of the Kingdom of Thailand, B.E. 2534 as last amended
by the Constitution Amendment (No. 6), B.E. 2539 or under section
323, as the case may be. In the case where the office of a senator
becomes vacant for any reason whatsoever, the Senate shall consist
of the remaining senators.
Section 107 (3), section 118 (7),
section 121, section 125 (2) and (3), section 126 (2) and (3),
section 127, section 130 and section 134 shall not apply to the
members of the House of Representatives under paragraph two and
the senators under paragraph three. In the case where membership
of senators under paragraph three has been caused to have
terminated en masse under paragraph three, there shall be
the first election of senators under this Constitution as follows:
1) in the case where membership of senators terminates at the
expiration of a term of four years as from the date of their
appointment by the King, the election shall be held within sixty
days before the expiration of the term of four years. In such
case, the term of the Senate and membership of the elected
senators shall commence as from the date of the termination of
membership of senators under paragraph three;
2) in the case
where membership of senators has terminated under section 323, the
election shall be held in accordance with the organic law on
election of members of the House of Representatives and senators.
If such law has not yet been enacted, the law on election of
members of the House of Representatives as in force on the date of
the promulgation of this Constitution shall apply in so far as it
is not contrary to or inconsistent with this Constitution;
provided that a term "member of the House of Representatives"
shall be replaced by the term 'senator' everywhere it appears and
that the Chairman of the Election Commission appointed under
section 319 shall have charge and control of the execution of such
law. In the case where the Election Commission is of the opinion
that any provision of the law on election of members of the House
of Representatives is contrary to, or inconsistent with, or does
not correspond with this Constitution, the Election Commission
shall have the power to lay down necessary regulations in
substitution of that provision in order for the election to
proceed in an honest and fair manner. Such regulations and
opinions that the provision of the said law is contrary to, or
inconsistent with, or does not correspond with this Constitution
shall be referred to the Constitution Court for consideration of
their constitutionality before their publication in the Government
Gazette.
The election of senators under (2) shall be held
within ninety days as from the expiration of two hundred and forty
days from the date of the promulgation of this Constitution and
shall not be done on the same date as that of the election of
members of the House of Representatives under section 324.
Section
316 []
The President and Vice-Presidents of the House of
Representatives and the Leader of the Opposition in the House of
Representatives holding office on the date of the promulgation of
this Constitution shall be the President, Vice-Presidents and
Leader of the Opposition of the House of Representatives under
this Constitution.
The President and Vice-Presidents of the
Senate holding office on the date of the promulgation of this
Constitution shall be the President and Vice- Presidents of the
Senate under this Constitution until the expiration of term of the
Senate under section 315 or the vacation of office before the
expiration of term under section 323.
Parliamentary committees
carrying out duties on the date of the promulgation of this
Constitution shall be the parliamentary
committees under this
Constitution.
The rules of procedure of the House of
Representatives, the rules of procedure of the Senate and the
rules of procedure of the National Assembly as in force on the
date of the promulgation of this Constitution shall continue to be
in force in so far as it is not contrary to or inconsistent with
this Constitution and shall cease to be in force upon any of the
following circumstances:
1) the termination or dissolution of
the House of Representatives under section 315 paragraph one or
the occurrence of the circumstance under section 323;
2) the
issuance of new rules of procedure of the Senate in accordance
with this Constitution, which must not be later than two hundred
and forty days as from the date of the promulgation of this
Constitution; or
3) the issuance of new rules of procedure of
the National Assembly in accordance with the Constitution, which
must not be later than two hundred and forty days as from the date
of the convocation of the National Assembly after the first
general election of members of the House of Representatives under
this Constitution.
Section
317 []
The Council of Ministers carrying out the
administration of the State affairs on the date of the
promulgation of this Constitution shall be the Council of
Ministers under this Constitution.
The provisions of section
156 of the Constitution of the Kingdom of Thailand, B.E. 2534 as
last amended by the Constitution Amendment (No. 6), B.E. 2539
shall apply to a debate for a vote of no-confidence in an
individual Minister and the Council of Ministers under paragraph
one or to a debate for a vote of no-confidence in an individual
Minister and in the Council of Ministers newly appointed while the
election of members the House of Representatives under section 324
has not yet been held, as the case may be. If the vote of no-
confidence has passed by the prescribed number of votes, the
Minister or the Council of Ministers shall vacate office.
When
the election of members the House of Representatives has been held
under section 324, the Council of Ministers under paragraph one or
the Council of Ministers appointed before the election under
section 324, as the case may be, shall vacate office; provided
that such Council of Ministers shall continue to perform duties
until the newly appointed Council of Ministers has taken
office.
The provisions of section 118 (7), section 127, section
201, section 202, section 203, section 204, section 206 (2), (3)
and (6), section 209, section 215 paragraph four and section 216
(5) shall not apply to the holding and the vacation of office of
the Prime Minister and Ministers under this section.
Section
318 []
In the initial period, the Judicial Commission under
the law on judicial service shall be the Judicial Commission of
the Courts of Justice under this Constitution until the Judicial
Commission of the Courts of Justice under section 274 is
constituted. The election of members of the Judicial Commission
shall be in accordance with the law on judicial service.
All
necessary acts for the implementation of section 274 of this
Constitution shall be carried out within three years as from the
date of the promulgation of this Constitution.
Section
319 []
In the initial period, the Senate shall elect the
Election Commissioners under section 136 within thirty days as
from the date of the promulgation of this Constitution; provided
that the period of time prescribed under section 138 shall not
apply.
In the initial period in which there is no the President
of the Supreme Administrative Court, the Selective Committee for
Election Commissioners shall have nine members consisting of
Rectors of all State higher education institutions which
are
juristic persons, being elected among themselves to be five
in number, representatives of all political parties having a
member who is a member of the House of Representatives; provided
that each party shall have one representative and all such
representatives shall elect among themselves to be four in
number.
While the organic law on the Election Commission has
not yet been promulgated, the Election Commission shall lay down
necessary regulations for the performance of its duties under this
Constitution. Such regulations shall be submitted to the
Constitutional Court for consideration of their constitutionality
before their publication in the Government Gazette and shall be in
force until the organic law on the Election Commission comes into
force.
Section
320 []
In the initial period, the Constitutional Council
under the Constitution of the Kingdom of Thailand, B.E. 2534 as
last amended by the Constitution Amendment (No. 6), B.E. 2539
shall be the Constitutional Court under this Constitution until
the Constitutional Court under paragraph two has been
established.
In the initial period, there shall be an election
of judges of the C onstitutional Court under section 255 and
section 257 within forty five days as from the date of the
promulgation of this Constitution.
While there is no the
Supreme Administrative Court, section 255(2) shall not apply and
the Constitutional Court shall consist of the President of the
Constitutional Court and twelve judges of the Constitutional Court
appointed by the King from persons under section 255(1), (3) and
(4).
Section
321 []
The Commission of Counter Corruption and the Office
of the Commission of Counter Corruption under the law on counter
corruption shall be the National Counter Corruption Commission and
the Office of the National Counter Corruption Commission under
this Constitution, as the case may be, until the National Counter
Corruption Commission has been appointed or the Office of the
National Counter Corruption Commission has been established in
accordance with the provisions of this Constitution, which shall
be done within two years as from the date of the promulgation of
this Constitution.
For the purpose of implementing this
Constitution, the National Counter Corruption Commission under
paragraph one shall prescribe necessary regulations for the
performance of its duties under this Constitution. Such
regulations shall be submitted to the Constitutional Court for
consideration of their constitutionality before their publication
in the Government Gazette and shall be in force until the organic
law on counter corruption comes into force.
In the initial
period, while there is no the President of the Supreme
Administrative Court, the Selective Committee for members the
National Counter Corruption Commission under section 297 paragraph
three shall have fourteen members consisting the President of the
Supreme Court of Justice, the President of the Constitutional
Court, Rectors of all State higher education institutions which
are juristic persons, being elected among themselves to be seven
in number, and representatives of all political parties having a
member who is a member of the House of Representatives; provided
that each party shall have one representative and all such
representatives shall elect among themselves to be five in number.
Section
322 []
In the initial period, Election Commissioners,
Ombudsmen, members of the National Human Rights Commission, judges
of the Constitutional Court, members of the National Counter
Corruption Commission and members of the State Audit Commission,
who are elected by the resolution of the Senate
under section
315 paragraph three, shall hold office for half a period of the
term designated for such office. For the purpose of the first
election of such persons by the Senate elected under this
Constitution, the provisions allowing the holding of such office
for only one term shall not apply Before the election of senators
under this Constitution, the removal of persons from office under
this Constitution shall be made by a resolution of a joint sitting
of the House of Representatives and the Senate under section 315,
and section 109(14), section 118(10), section 133(8), section
141(5), section 168(3), section 216(8), section 260(6), section
299, section 303, section 304 and section 307 shall apply mutatis
mutandis.
Section
323 []
Within two hundred and forty days as from the date
of the promulgation of this Constitution, the National Assembly
shall complete the consideration and approval of the organic law
bill on the election of members of the House of Representatives
and senators, the organic law bill on the Election Commission, and
the organic law bill on political parties; provided that the House
of Representatives shall not be dissolved during such period.
The
act under paragraph one shall be proceeded as follows: 1) the
House of Representatives shall complete the consideration of the
organic law bills under paragraph one within one hundred and
twenty days as from the date of the promulgation of this
Constitution. In the case where such period of time has expired
but the consideration of all the organic law bills under paragraph
one has not yet been completed, membership of members of the House
of Representatives shall terminate en masse and there shall
not be a general election under this Constitution until all the
organic law bills under paragraph one have been approved, or
unless it is the case under section 324. In such cases, the Senate
shall act as the National Assembly and shall complete the
introduction and consideration of such organic law bills within
ninety days as from the day following the expiration of the period
of one hundred and twenty days after the date of the promulgation
of this Constitution; 2) in the case where the House of
Representatives has considered all the organic law bills under
paragraph one within the time prescribed under (1), the Senate
shall complete the consideration of such bills within ninety days
as from the date of receiving them; 3) in the case where the
Senate is unable to complete the consideration of all the organic
law bills under paragraph one within the time prescribed under (1)
or (2), membership of all senators shall terminate en masse.
Any organic law bill which has been approved by the House of
Representatives shall be deemed to have been approved by the
National Assembly, and section 93 and section 94 shall apply to
such bill mutatis mutandis. When the organic law bill has
been, or is deemed to have been, approved by the National Assembly
under this section, the Prime Minister shall proceed in accordance
with section 93 forthwith, and the time prescribed in section 93
shall not apply.
The provisions of section 169 in so far as it
concerns a money bill shall not apply to the introduction and
consideration of the organic law bills under paragraph one by
members of the House of Representatives or the senators under
paragraph (1) and (2).
Section 168 shall not apply to the
proceeding under this section.
Section
324 []
An election of members of the House of
Representatives shall be held upon any of the following
circumstances:
1) in the case where all organic law bills have
been approved by the National Assembly within the time prescribed
in section 323 paragraph one, or by the House of Representatives
or the Senate acting as the National Assembly under section 323
within the time prescribed in the section 323, the Election
Commission under section 319 shall hold an election under this
Constitution within sixty days as from the date of the
expiration
of term or the dissolution of the House of
Representatives, or when the circumstance under section 323
occurs;
2) in the case where the House of Representatives and
the Senate are unable to complete the consideration and approval
of the organic law bills under section 323 paragraph one within
the prescribed time, an election of members of the House of
Representatives under this Constitution shall be held within
ninety days as from the date of the expiration of the time under
section 323 paragraph one. The law on the election of members of
the House of Representatives as in force on the date of the
promulgation of this Constitution shall apply to the election in
so far as it is not contrary to or inconsistent with this
Constitution and, for this purpose, the Chairman of the Election
Commission established under section 319 shall have charge and
control of the execution of such law, and in the case where the
Election Commission is of the opinion that any provision of the
law on the election of members of the House of Representatives is
contrary to or inconsistent with this Constitution, the Election
Commission shall have the power to prescribe necessary regulations
in substitution of that provision in order to enable the election
to proceed in an honest and fair manner. Such regulations and the
opinion that such provision of law is contrary to or inconsistent
with this Constitution shall be submitted to the Constitutional
Court for consideration of their constitutionality before their
publication in the Government Gazette. When the election of
members of the House of Representatives and senators have been
held under this Constitution but the organic laws under section
323 paragraph one have not yet been all enacted, the House of
Representatives and the Senate shall consider the approval of the
bills not yet enacted under section 323; provided that the time
limit shall commence as from the date of the general election of
members of the House of Representatives and the provisions of (2)
and section 315 paragraph five (2) shall apply mutatis
mutandis.
Section
325 []
The period of time under section 107(4) shall not
apply to the first general election of members of the House of
Representatives after the promulgation of this Constitution.
Section
326 []
In addition to the provisions of this Constitution,
the organic law on the election of members of the House of
Representatives and senators shall at least contain the following
matters as its substance:
1) the declaration of the reason for
inability to be present to vote and the provision of facilities
for the election;
2) the permission of persons having the right
to vote under section 105 paragraph two to cast ballot;
3) the
preparation of name-list of candidates in an election on a
party-list basis, inspection, and deletion from candidacy of
repeated names of candidates and the publicity of names of
candidates listed;
4) the prescription of the form of
ballot-papers, in which space shall be provided for an entry of a
mark indicating the intention to cast a ballot for no candidate,
and the publicity of the number of persons intending to cast
ballot for no candidate;
5) the support of an election of
members of the House of Representatives and the introduction of
candidates in an election of senators by the State including the
procedure under which the introduction of candidates in an
election of senators can be made by the candidates themselves or
by other persons;
6) the limitation of electoral expenditure by
a candidate, the appointment of a treasurer by a candidate, the
inspection of electoral expenditure and the declaration of the
result of the inspection;
7) the counting of votes and the
announcement of the result of the vote-counting in an election of
members of the House of Representatives in each constituency,
which must be done
openly in only one place unless otherwise
provided by the Election Commission due to the necessity in a
particular locality;
8) the counting of votes and the
announcement of the result of the vote-counting in an election of
senators;
9) the announcement of the name of the elected person
from the candidates in an election on a party-list basis and the
elevation of the person whose name is listed in the next order to
replace the elected person who vacates office.
Section
327 []
In addition to the provisions of this Constitution,
the organic law on the Election Commission shall at least contain
the following matters as its substance:
1) powers and duties of
the Election Commission;
2) the activities to be carried out by
the Election Commission, which shall at least include the division
of constituencies, the procurement of rolls of voters and the
re-counting of votes;
3) the provision of education to the
people on the democratic regime of government with the King as
Head of the State;
4) the investigation, inquiry and decision
process of the Election Commission;
5) the bringing of a
lawsuit before the Court by the Election Commission in respect of
offences relating to an election or political parties;
6) the
co-operation to be given to the Election Commission by Courts,
public prosecutors, inquiry officials, or other State agencies;
7)
the acknowledgement and appointment of representatives of private
organisations for the purpose of the supervision of an
election;
8) the establishment of an independent secretariat to
carry out activities in connection with personnel administration,
budget and other activities, with the Chairman of the Election
Commission as the highest superior;
9) the commencement of the
time at which the Election Commission may control, hold or cause
to be held, an election of a local assembly or local
administrators, which shall not be later than ten years as from
the date of the promulgation of this Constitution.
Section
328 []
In addition to the provisions of this Constitution,
the organic law on political parties shall at least contain the
following matters as its substance:
1) the formation of a
political party, which shall be carried out by at least not less
than fifteen persons, and the entry of the formation of a
political party in the Register of Political Parties;
2) the
dissolution of a political party; provided that failure of a
political party to send candidates to stand for election or to
have a member who has been elected in an election shall not be
invoked as a ground for the dissolution;
3) the conduct of
activities of a political party and the preparation of report on
the operation of a political party;
4) the support to be given
by the State in the formation and the development of branches of a
political party;
5) financial support or other benefits to be
given by the State to a political party, the limitation of
expenditure of a political party in an election, and the control
of the donation to a political party;
6) the examination of a
financial status of a political party including the examination
and the disclosure of income sources and expenditure of a
political party;
7) the preparation of an account indicating
revenues and expenses of a political party and an account
indicating assets and liabilities of a political party, which must
disclose its income sources and annual expenditure in every
calendar year, for submission to the Election Commission for
examination and publication.
Section
329 []
Within two years as from the date of the
promulgation of this Constitution, the following organic laws
shall be enacted:
1) the organic law on Ombudsmen;
2) the
organic law on counter corruption;
3) the organic law on
criminal procedure for persons holding political positions;
4)
the organic law on the State audit;
5) the organic law on
referendum.
Section
330 []
In addition to the provisions of this Constitution,
the organic law on Ombudsmen shall at least contain the following
matters as its substance:
1) the performance of duties of the
Ombudsman;
2) the co-operation to be given to the Ombudsmen by
Courts, public prosecutors, inquiry officials, or other State
agencies;
3) qualifications of and procedure for the
appointment of the Secretary-General of the Office of the
Ombudsmen;
4) powers and duties of the Office of the Ombudsmen.
Section
331 []
In addition to the provisions of this Constitution,
the organic law on counter corruption shall at least contain the
following matters as its substance:
1) the description of
characters of unusual wealthiness and acts amounting to
corruption;
2) the prohibition of the commission of an act
representing a conflict between personal interests and public
interests for which holders of political positions or other State
officials must be accountable both during the currency of office
and after the vacation of office;
3) positions and classes of
judges or public prosecutors, and positions and ranks of
Government officials, officials and holders of other positions in
respect of which a declaration of assets and liabilities is
required or from which removal may be made under this
Constitution;
4) the provision for the declaration by holders
of political positions and other State officials of assets and
liabilities together with the supporting documents, rules for the
consideration and inspection of such assets and liabilities every
certain period of time, and rules for the disclosure of the
account of assets and liabilities;
5) the procedure for making
an accusation that a holder of a political position or State
official has been unusually wealthy, corrupted, or committed
malfeasance in office or malfeasance in judicial office or an act
indicative of such circumstances; provided that the circumstances,
evidence or clues shall reasonably be stated;
6) the procedure
for the investigation of facts and preparation of a file in the
case where a holder of a political position is accused, having
regard to the status of the position by virtue of which a high
degree of favour-or-disfavour powers can be exercised and to
reasonable protection of the person accused;
7) the procedure
of the Senate for the removal of persons from office, which shall
be open except where it is necessary for the protection of
important public interests or where a resolution shall be made by
secret ballot;
8) the procedure for investigating and giving
decision in the case where a State official has been unusually
wealthy, committed corruption or malfeasance in office or
malfeasance in judicial office; provided that the procedure to be
prescribed shall be suitable to the rank of the position and
reasonable protection of the accused person;
9) the institution
of a criminal action against other State official not holding a
political position in a Court having competent jurisdiction to try
and decide criminal cases;
10) the co-operation to be given to
the National Counter Corruption Commission by Courts, inquiry
officials or Government agencies;
11) the proceeding under
section 305 paragraph five for the initiation of an action
including the power to bring the accused person to trial;
12)
rules and procedure for compensation for assets in the case where
such assets have been transferred or removed;
13) penalties to
be inflicted on the President or a member of the National Counter
Corruption Commission in the case of the commission of an unjust
act, corruption, malfeasance in office, which must not be less
than twice heavier penalties than those provided in the law
prescribing such offences.
Section
332 []
In addition to the provisions of this Constitution,
an organic law on criminal procedure for persons holding political
positions shall at least contain the following matters as its
substance:
1) competence of the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions;
2)
criminal procedure for holders of political positions, which shall
be founded upon the inquisitorial system as to which the
file-brief prepared by the National Counter Corruption Commission
shall principally be relied on and the principles of equal hearing
and right of defence of the accused persons shall be observed;
3)
open trials except where it is necessary for the protection of
important public interests;
4) the prohibition of repetitious
or duplicate institution of actions for the same offence;
5)
the appointment of a person to institute prosecution under section
305;
6) execution of orders or judgements of the Supreme Court
of Justice's Criminal Division for Persons Holding Political
Positions;
7) other matters necessary for the expeditious and
fair trial and adjudication of cases and, in particular, for the
co-operation to be given to the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions by other
Courts, inquiry officials, or other State agencies.
Section
333 []
In addition to the provisions of this Constitution,
the organic law on State audit shall at least contain the
following matters as its substance:
1) the powers and duties of
the State Audit Commission, viz, the policy-making, the provision
of advice and recommendations, the recommendation for the
correction of defects and errors in the State audit, the
prescription of standard rules for the State audit, the
prescription of rules and procedure for disciplinary actions in
budget and finance, the prescription of administrative penalties,
the consideration and decision, in the capacity as the highest
organ, of disciplinary liability as well as budget and financial
liability and the selection of a person suitable to be the
Auditor-General;
2) the performance of duties of members of the
State Audit Commission and the Auditor-General;
3) the
establishment of the Office of the State Audit Commission which
has autonomy in its personnel administration, budget, work
performance and other activities.
Section
334 []
In the initial period, the following acts shall be
accomplished within the time limit hereunder provided:
1) the
laws under section 68, section 199, section 200, section 248,
section 270, section 275 and section 284 paragraphs two and
paragraph three shall be enacted within two years as from the date
of the promulgation of this Constitution;
2) within two years
as from the date of promulgation of this Constitution, there shall
be enacted the law prescribing rules for the transfer of a judge
of a Court of Justice who will be sixty years of age in any fiscal
year to be a senior judge sitting in a Court of First Instance as
from the day following the date of the
end of such fiscal year
in which he or she reaches the age of sixty until the end of the
fiscal year in which such person becomes sixty five years of age.
Any such senior judge who, upon the appraisal as provided by law,
is still capable of performing duties shall continue to hold
office until the end of the fiscal year in which such person
becomes seventy years of age;
3) the Administrative Courts
under section 276 shall be established within two years as from
the date of the promulgation of this Constitution;
4) the local
administrative committee or local administrators elected by direct
suffrage or with the approval of the local assembly under section
285 paragraph three shall be caused to be in existence within two
years as from the date of the promulgation of this Constitution,
except for the case under section 335(7).
Section
335 []
In the initial period, the following provisions
shall not apply to the following cases: 1) the provisions of
section 29 paragraph two and paragraph three shall not apply to
the law as in force on the date of the promulgation of this
Constitution or already approved by the National Assembly before
the date of the promulgation of this Constitution. If there is
enactment of a new law on that matter or there is any amendment to
such law, it shall comply with section 29; provided that this
requirement shall also apply to rules or regulations issued by
virtue of the provisions of the law mutatis mutandis; 2)
the provisions of section 40 shall not apply until the law
implementing such provisions has been enacted, which shall not be
later than three years as from the date of the promulgation of
this Constitution; provided that such law shall not affect any
licence, concession, or contract valid on the date such law comes
into force until the expiration of such licence, concession, or
contract;
3) the provisions of section 43 paragraph one shall
not apply until the implementation of such provisions has been
carried out, which shall not be later than five years as from the
date of the promulgation of this Constitution;
4) the
provisions of section 170 and section 209 shall not apply until
the law implementing such provisions has been enacted, which shall
not be later than two years as from the date of the promulgation
of this Constitution;
5) the provisions of section 236 and
section 249 paragraph three and paragraph five shall not apply to
a trial of the Courts of Justice and section 273 paragraph two
shall not apply to the Judicial Commission under section 318;
provided that action shall be taken in implementation of such
provisions not later than five years as from the date of the
promulgation of this Constitution;
6) the provisions of section
237 shall not apply until the law has been amended in
implementation of such provisions, which shall not be later than
five years as from the date of the promulgation of this
Constitution;
7) the provisions of section 285 paragraph two
and paragraph three shall not apply to members or the
administrator of Tambon Administrative Organisation ex officio who
hold office on the date of the promulgation of this Constitution
until the expiration of the term of office of members elected by
the Council of such Tambon Administrative Organisation;
8) the
provisions of section 288 paragraph two shall not apply to the
composition of the Local Officials Committee until the law has
been amended or enacted in implementation of such provisions,
which shall not be later than two years as from the date of the
promulgation of this Constitution.
Section
336 []
When the period of five years as from the date of
the promulgation of this Constitution has elapsed, the
Election
Commission, the Constitutional Court, or the National
Counter Corruption Commission shall have the power to submit to
the National Assembly or the Council of Ministers a report
presenting opinions on the amendment of this Constitution or other
laws.
{ Countersigned by: Wanmuhamadnoor Matha President of the National Assembly }
{ Certified correct translation: Dr. Ackaratorn Chularat, Secretary-General of the Council of State Office of the Council of State }
© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.
