Constitution of Thailand (2007)/Chapter 11

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Constitution of Thailand (2007)
Chapter 11 : Constitutional organs

CHAPTER 11 : CONSTITUTIONAL ORGANS[edit]

Part 1 : Constitutional Independent Organs[edit]

1. Election Commission[edit]

Section 229. The Election Commission consists of a Chairman and four other Commissioners appointed, by the King with the advice of the Senate, from persons of apparent political impartiality and integrity. The President of the Senate shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.

Section 230. An Election Commissioner shall have the qualifications and shall not be under any prohibition as follows: (1) being of not less than forty years of age; (2) having graduated with not lower than a Bachelor’s degree or its equivalent; (3) having the qualifications and not being under any of the prohibitions under section 205 (1), (4), (5) and (6); (4) not being a judge of the Constitutional Court, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission or a member

of the National Human Rights Commission. The provisions of section 207 shall apply to Election Commissioners mutatis mutandis.

Section 231. The selection and election of Chairman and Election Commissioners shall be proceeded as follows. (1) There shall be a Selection Committee of seven members consisting of the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, the President of the House of Representatives, Leader of the Opposition in the House of Representatives, one person elected by the general assembly of the Supreme Court of Justice and one person elected by the general assembly of judges of the Supreme administrative Court, as members, to be in charge of selecting three persons who have the qualifications under section 230 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 selection must be passed by votes of not less than two-thirds of the number of all existing members of the Selection Committee. In the case where there is no member in any office or a member in any office exists but becomes unable to perform the duty, the Selection Committee shall, if there remain not less than one-half of its members, consist of the remaining members, provided that the provisions of section 113 paragraph two shall apply mutatis mutandis. The persons elected by the general assembly of the Supreme Court of Justice and the general assembly of judges of the Supreme Administrative Court under paragraph one must not be judges and must not be members of selection committees for holders of office in any other constitutional organs simultaneously. (2) The general assembly of the Supreme Court of Justice

shall select two persons, who have the qualifications under section 230 and who are suitable to be Election Commissioners, for making nomination to the President of the Senate upon consent of the nominated persons. (3) The selection under (1) and (2) shall be made within ninety days as from the date on which there occurs a ground for the selection of persons for such office. In the case where there exists any cause preventing the selection within the time specified or preventing the acquisition of the complete number of selected persons within the time specified under (1), the general assembly of the Supreme Court of Justice shall conduct the replacement selection in order to achieve the complete number within fifteen days as from the expiration of the time specified in (1). (4) The President of the Senate shall convoke the Senate for passing, by secret ballot, a resolution approving the selected persons under (1), (2) or (3). (5) In the case where the Senate gives approval thereto, action shall be further taken in accordance with (6); but, if the Senate does not give approval to any names, whether in whole or in part, the Senate shall refer such names back to the Selection Committee for Election Commissioners or to the general assembly of the Supreme Court of Justice, as the case may be, for reselection. If the Selection Committee for Election Commissioners or the general assembly of the Supreme Court of Justice disagrees with the Senate and passes a resolution affirming its original resolution with unanimous votes or votes of not less than twothirds of the general assembly of the Supreme Court of Justice, as the case may be, action shall be further taken in accordance with (6). But, if the resolution affirming the original resolution is not unanimous or fails to be supported by the specified votes, the selection process shall be re-conducted and shall be completed within thirty days as from the date on which there occurs a ground

for taking such action. (6) The persons approved under (4) or (5) shall meet and elect one amongst themselves as Chairman of the Election Commission and, then, notify the President of the Senate of the result, and the President of the Senate shall present the matter to the King for further appointment.

Section 232. 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. The provisions of section 209 (1), (2), (3), (5), (6) and (7) and the provisions on the disqualifications and prohibitions under section 230 shall apply mutatis mutandis to the vacation of office of Election Commissioners.

Section 233. 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 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 or has acted in contravention of any of the prohibitions under section 230 and the President of the National Assembly shall refer that complaint to the Constitutional Court within three days of receipt thereof for its decision. 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 92 shall also apply mutatis mutandis to the vacation of office of Election Commissioners.

Section 234. In the case where the Election Commissioners have vacated office in toto, action for the selection under section 231 shall be taken within ninety days as from the date of the vacation. In the case where Election Commissioners vacate office on any ground other than the expiration of term, action for the selection under section 231 shall be taken and completed within sixty days as from the date on which such ground occurs, and the approved persons shall serve only for the remainder of the term of the replaced Commissioners.

Section 235. The Election Commission shall control and hold, or cause to be held, an election or selection of members of the House of Representatives, senators, members of a local assembly and local administrators, as the case may be, 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 charge and control of the execution of the Organic Act on the Election of Members of the House of Representatives and the Acquisition of Senators, the Organic Act on Political Parties, the Organic Act on the Election Commission, the Organic Act on Referendum and the law on the election of members of local assemblies or local administrators and shall be the political-party registrar. There shall be the Office of the Election Commission as an independent agency, with autonomy in personnel administration, budgeting and other activities, as provided by law.

Section 236. The Election Commission shall have the following powers and duties: (1) to issue notifications or lay down rules prescribing all activities necessary for the execution of the laws referred to in section 235 paragraph two, and also lay down rules related to election campaigns and any activities of political parties, candidates in an election and voters with a view to ensuring their honesty and fairness, and prescribe rules in connection with activities to be carried out by the State in support of elections with a view to ensuring equality and equal opportunities in launching campaigns; (2) to lay down rules related to prohibitions in the performance of duties of the Council of Ministers and Ministers while remaining in office for performing duties under section 181, having regard to the maintenance of interests of the State and also to honesty, fairness, equality and equal opportunities in an election; (3) to prescribe measures and controls in connection with donations to political parties, financial support by the State, expenditure of political parties and candidates in an election, including the auditing of accounts of political parties in an open manner and controls of disbursement and receipt of money for the purpose of voting at an election; (4) to give orders instructing Government officials, officials or employees of a Government agency, a State agency, a State enterprise or a local government organisation or other State officials to perform all necessary acts under the laws referred to in section 235 paragraph two; (5) to conduct investigations and inquiries for fact-finding and decision on problems or disputes under the laws referred to in section 235 paragraph two; (6) 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; (7) to announce the result of an election and the voting in a referendum; (8) to provide promotion and encouragement to, or coordination with, a Government agency, a State agency, a State enterprise or a local administration, or to provide encouragement to private organisations in educating the public on the democratic regime of government with the King as Head of the State, and promote public participation in politics; (9) 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, Government agencies, 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 237. In the case where any candidate in an election commits any act or instigates or aids and abets the commission of any act which violates the Organic Act on the Election of Members of the House of Representatives and the Acquisition of Senators or the Rule or Notification of the Election Commission and thereby results in an election not proceeding in an honest and fair manner , such person shall have his or her right to vote revoked under the Organic Act on the Election of Members of the House of Representatives and the Acquisition of Senators. If, in the commission of the act by the person under paragraph one, there has appeared convincing evidence that any Leader of a political party or any member of the executive committee of a political party has connived at or allowed the commission thereof or, having known of the commission thereof, failed to prevent or take remedial action in order to render the election to proceed in an honest and fair manner, it shall be deemed that such political party has committed an act with a view to acquiring the power to rule the country by any means which is not in accordance with the modes provided in this Constitution under section 68, and in the case where the Constitutional Court has delivered an order dissolving that political party, there shall be revoked the right to vote of the Leader of such political party and members of its executive committee for the period of five years as from the date of the dissolution order.

Section 238. The Election Commission shall forthwith conduct an investigation and an 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 improperly or unlawfully; (2) a candidate for a selection or a member of the organ under section 114 paragraph one raises an objection that the selection of senators has proceeded improperly or unlawfully; (3) there has appeared convincing evidence that any member of the House of Representatives, senator, member of a local assembly or local administrator, before being elected or selected, had committed any dishonest act to enable him or her to be elected or selected, or has dishonestly been elected or selected as a result of an act committed by any person or political party in violation of rules under the Organic Act on the Election of Members of the House of Representatives and the Acquisition of Senators, the Organic Act on Political Parties or the law on the election of members of local assemblies and local administrators; (4) there has appeared convincing evidence 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 improperly or unlawfully; Upon completion of actions under paragraph one, the Election Commission shall pass a decision forthwith.

Section 239. In the case where the Election Commission passes a decision requiring a new election or revoking the right to vote prior to an announcement of the result of an election of members of the House of Representatives or senators, such decision of the Election Commission shall be deemed final. In the case where the result of an election has been announced, if the Election Commission deems it appropriate to require a new election or to revoke the right to vote of any member of the House of Representatives or senator, a motion shall be submitted to the Supreme Court of Justice for a decision thereon. Upon receipt of the motion submitted by the Election Commission, that member of the House of Representatives or that senator may not continue his or her performance of duties until the Supreme Court of Justice has delivered an order dismissing the motion. In the case where the Supreme Court of Justice has delivered an order instructing a new election in any constituency or revoking the right to vote of any member of the House of Representatives or senator, membership of that member of the House of Representatives or senator in such constituency shall terminate. In the case where the person under paragraph two may not continue his or her performance of duties, such person shall not be included in the total number of existing members of the House of Representatives or the Senate, as the case may be. The provisions of paragraph one, paragraph two and paragraph three shall apply to an election of members of a local assembly and local administrators mutatis mutandis, provided that the motion to be submitted to the Court under paragraph two shall be submitted to the Court of Appeal and an order of the Court of Appeal shall be final.

Section 240. In the case where there is an objection that the selection of any senator has proceeded improperly or unlawfully or there has appeared convincing evidence that any senator has, prior to the selection, committed an act under section 238, the Election Commission shall conduct an investigation and an inquiry forthwith. Upon the decision delivered by the Election Commission, it shall forthwith be submitted to the Supreme Court of Justice for a decision thereon and the provisions of section 239 paragraph two and paragraph three shall apply mutatis mutandis to the discontinuance of performance of duties of such senator. In the case where the Supreme Court of Justice has delivered an order revoking the selection or revoking the right to vote of any senator, membership of such senator shall terminate as from the date of the order of the Supreme Court of Justice, and there shall be conducted a new selection of a senator to fill the vacancy. In pursuing activities under paragraph one or paragraph two, the Chairman of the Election Commission may not participate in the action or decision and the Election Commission shall be constituted by existing members. The objection and the consideration of the Election

Commission shall be as prescribed in the Organic Act on the Election of Members of Representatives and the Acquisition of Senators.

Section 241. During the period in which a Royal Decree calling for an election of members of the House of Representatives or senators, or a Notification calling for a selection of senators, 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 any 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. But, if the Chairman of the Election Commission is arrested or detained, the power to take such action shall be vested in the Election Commission as constituted by existing members.

2. Ombudsmen[edit]

Section 242. There shall be three Ombudsmen 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 persons appointed as Ombudsmen shall meet and elect one amongst themselves to be Chairman of Ombudsmen

and notify it to the President of the Senate. The President of the Senate shall countersign the Royal Command appointing the Chairman of Ombudsmen and Ombudsmen. The qualifications and prohibitions of Ombudsmen shall be in accordance with the Organic Act on Ombudsmen. 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. There shall be the Office of Ombudsmen as an independent agency, with autonomy in personnel administration, budgeting and other activities, as provided by law.

Section 243. The provision of section 206 and section 207 shall apply mutatis mutandis to the selection and election of Ombudsmen; for this purpose, there shall be a Selection Committee of seven members consisting of the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, the President of the House of Representatives, Leader of the Opposition in the House of Representatives, one person elected by the general assembly of the Supreme Court of Justice and one person elected by the general assembly of judges of the Supreme Administrative Court, and the provisions of section 231 (1) paragraph two shall also apply mutatis mutandis.

Section 244. 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 Government agency, a State agency, a State enterprise or a local government organisation; (b) performance of or omission to perform duties of a Government official, an official or employee of a Government agency, a State agency, a State enterprise or a local government organisation, which unjustly causes injury to the complainant or the public, whether such act is lawful or not; (c) scrutiny of a neglect of the performance of duties or the unlawful performance of duties by constitutional organs and organs in the administration of justice, to the exclusion of trial and adjudication of Courts; (d) other cases as provided by law; (2) to take action in connection with ethics of holders of political positions and State officials under section 279 paragraph three and section 280; (3) to monitor, evaluate and prepare recommendations on the compliance with the Constitution, including considerations as to amendment of the Constitution, where it is deemed necessary; (4) to report annually results of audits and results of the performance of duties, together with pertinent remarks, to the Council of Ministers, the House of Representatives and the Senate, provided that such reports shall also be published in the Government Gazette and made open to the public. The powers and duties under (1) (a), (b) and (c) shall be exercisable or taken by Ombudsmen upon a complaint, except that, in the case where Ombudsmen consider that such act threatens to cause injury to the public at large or there arises a need to safeguard public interests, Ombudsmen may consider the matter and conduct inquiries without prior complaint.

Section 245. An Ombudsman may refer the matter to the Constitutional Court or the Administrative Court when the Ombudsman considers that any of the following circumstances occurs: (1) any provisions of law begs the question of constitutionality, in which case the matter shall be referred, together with the opinion of the Ombudsman, to the Constitutional Court and the Constitutional Court shall consider and decide it without delay, in accordance with the Organic Act on Procedure of the Constitutional Court; (2) any bylaw, order or any other act of any persons under section 244 (1) (a) begs the question of constitutionality or compliance with the law, in which case the matter shall be referred, together with the opinion of the Ombudsman, to the Administrative Court and the Administrative Court shall consider and decide it without delay, in accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure.

3. National Counter Corruption Commission[edit]

Section 246. The National Counter Corruption Commission consists of the President and eight other 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 205; for this purpose, members must have been Ministers, Election Commissioners, Ombudsmen, members of the National Human Rights Commission or members of the State Audit Commission, or must have served the government service in the position of not lower than Director-General or Executive in a Government agency with executive powers equivalent to those possessed by Director

General, or hold a position of not lower than Professor, or become representatives of non-governmental organisations or persons engaging in professions that are subjected to professional organisations under the law for a period of not less than three years with endorsement and nomination by such non-governmental organisations or professional organisations into the selection process. The provisions of section 204 paragraph three and paragraph four, section 206 and section 207 shall apply to the selection and election of members of the National Counter Corruption Commission mutatis mutandis. For this purpose, there shall be a Selection Committee of five members, consisting of the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, the President of the House of Representatives and the Leader of the Opposition in the House of Representatives. The President of the Senate shall countersign the Royal Command appointing the President and members of the National Counter Corruption Commission. There shall be members of the Provincial Counter Corruption Committee. The qualifications, selection process and powers and duties of the members shall be as prescribed by the Organic Act on Counter Corruption.

Section 247. 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 209 and section 210 shall apply to the vacation, selection and election of members of the National Counter Corruption Commission mutatis mutandis.

Section 248. Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House or persons having the right to vote of not less than twenty thousand in number have the 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 threefourths of the total number of the existing members of the Senate.

Section 249. Members of the House of Representatives, senators or members of both Houses of not less than one-fifth of the total number of the existing members of both Houses have the 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 delivered a decision dismissing the said request. In the case where members of the National Counter Corruption Commission may not perform duties under paragraph three and there remain members of the National Counter Corruption Commission in the number of less than one-half of its total number, the President of the Supreme Court of Justice and the President of the Supreme Administrative Court shall jointly appoint persons with the same qualifications and without any of the same prohibitions as those applicable to members of the National Counter Corruption Commission as members of the National Counter Corruption Commission for the time being and the appointed persons shall be in office until the original members of the National Counter Corruption Commission may perform duties or until the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions delivers a decision that such original members have committed the alleged act.

Section 250. The National Counter Corruption Commission shall have the following powers and duties: (1) to inquire into facts, provide a summary of the case and prepare opinions in connection with a removal from office, for submission to the Senate in accordance with section 272 and section 279 paragraph three; (2) to inquire into facts, provide a summary of the case and prepare opinions in connection with criminal proceedings

against persons holding political positions, for submission to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions in accordance with section 275; (3) to inquire and decide whether State officials, from high-ranking executives or Government officials holding positions of Director or its equivalent upwards, have become unusually wealthy or have committed an offence of corruption, malfeasance in office or malfeasance in judicial office, and take action against State officials or Government officials holding lower positions, who have committed offences in conspiracy with the aforesaid holders of positions or with persons holding political positions or who have committed offences of such description considered by the National Counter Corruption Commission as warranting its inquisitive action, in accordance with the Organic Act 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 259 and section 264 as stated in the account and supporting documents submitted, in accordance with the rules and procedures prescribed by the National Counter Corruption Commission; (5) to exercise oversight of virtue and ethics of persons holding political positions; (6) to submit an audit 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 such reports in the Royal Gazette and make them open to the public; (7) to carry on other acts as provided by law. Section 213 shall apply to the performance of duties of the National Counter Corruption Commission mutatis mutandis. The President of the National Counter Corruption Commission and members of the National Counter Corruption Commission are officials in judicial service under the law.

Section 251. The National Counter Corruption Commission shall have its 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. There shall be Office of the National Counter Corruption Commission, with autonomy in personnel administration, budgeting and other activities as provided by law.

4. State Audit Commission[edit]

Section 252. The State audit shall be carried out by the State Audit Commission which is independent and impartial. The State Audit Commission consists of the Chairman and six other members appointed by the King from persons with expertise and experience in state audit, accounting, internal audit, finance and other fields. The provisions of section 204 paragraph three and paragraph four, section 206 and section 207 shall apply mutatis mutandis to the selection and election of members of the State Audit Commission and the Auditor-General, save that the composition of the Selection Committee shall be in accordance with section 243. 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. The qualifications, prohibitions 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 Act on State Audit. The determination of qualifications and procedures for the election of persons to be appointed as members of the State Audit Commission and the Auditor-General shall be made in the manner which can secure persons of appropriate qualifications and apparent integrity and which can provide for the guarantee of the independence in the performance of duties of such persons.

Section 253. The State Audit Commission has the powers and duties to prescribe standard rules in connection with the State audit, give advice and suggestions and recommend rectification of shortcomings in connection with the State audit and has the power to appoint an independent fiscal and financial disciplinary committee to be in charge of making the determination of action in connection with disciplines in fiscal affairs, finance and budgeting, and disputed cases in connection with decisions given by the fiscal and financial disciplinary committee in such matters shall be under the jurisdiction of the Administrative Court. The Auditor-General has the powers and duties in connection with the State audit on the basis of independence and impartiality.

Section 254. The State Audit Commission shall have its independent secretariat, with the Auditor-General as the superior

responsible directly to the Chairman of the State Audit Commission. There shall be Office of the State Audit, with autonomy in personnel administration, budgeting and other activities as provided by law.

Part 2 : Other Constitutional Organs[edit]

1. Public Prosecutors[edit]

Section 255. Public Prosecutors have the powers and duties as provided in this Constitution and under the law on powers and duties of public prosecutors and other laws.

Public Prosecutors enjoy independence in making the determination as to prosecution and the performance of duties in the interest of justice.

The appointment and removal from office of Prosecutor-General shall be upon resolution of the Public Prosecutors Commission and upon approval by the Senate.

The President of the Senate shall countersign the Royal Command appointing the Prosecutor-General.

Public Prosecutors shall have an independent secretariat, with autonomy in personnel administration, budgeting and other activities, and with the Prosecutor-General as the superior, as provided by law.

Public Prosecutor shall not be directors in State enterprises or State undertakings of the similar nature, unless upon approval by the Public Prosecutors Commission and shall not engage in an occupation or profession or any act prejudicial to the performance of duties or detrimental to the esteem of the official office, and shall not be directors, managers or legal counsellors or hold any other positions of the similar nature in a corporate body. The provisions of section 202 shall apply mutatis mutandis.

2. National Human Rights Commission[edit]

Section 256. The National Human Rights Commission consists of the President and six 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, removal from office 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.

The provisions of section 204 paragraph three, section 206, section 207 and section 209 (2) shall apply mutatis mutandis, save that the composition of the Selection Committee shall be in accordance with section 243.

There shall be Office of the National Human Rights Commission, with autonomy in personnel administration, budgeting and other activities as provided by law.

Section 257. The National Human Rights Commission has 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 persons or agencies 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 it to the National Assembly for further proceeding;

(2) to refer the matter, together with an opinion, to the Constitutional Court in the case where it agrees with a complaint addressed by a complainant that any provision of law affects human rights and begs a question of constitutionality, in accordance with the Organic Act on Procedure of the Constitutional Court;

(3) to refer the matter, together with an opinion, to the Administrative Court in the case where it agrees with a complaint addressed by a complainant that a bylaw, order or any other administrative act affects human rights and begs a question of constitutionality or compliance with the law, in accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure;

(4) to file a lawsuit to the Court of Justice on behalf of the injured person when a request is made by the injured person and it is deemed appropriate to find a solution to violation of human rights vis. the public at large, as provided by law;

(5) to propose to the National Assembly or the Council of Ministers policies and recommendations with regard to the revision of laws and bylaws for the purpose of promoting and protecting human rights;

(6) to promote education, research and the dissemination of knowledge on human rights;

(7) to promote co-operation and co-ordination amongst Government agencies, private organisations, and other organisations in the sphere of human rights;

(8) to prepare an annual report for the purpose of evaluating situations in the sphere of human rights in the country and submit it to the National Assembly;

(9) 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.

3. National Economic and Social Council[edit]

Section 258. The National Economic and Social Council has the duty to give advice and recommendations to the Council of Ministers on economic and social problems, including legislation concerned.

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 their adoption and publication.

The composition, source, powers and duties and the operation of the National Economic and Social Council shall be as provided by law.

There shall be Office of the National Economic and Social Council, with autonomy in personnel administration, budgeting and other activities as provided by law.