Translation:Administrative Charter of the Kingdom, 2534 Buddhist Era

by by National Peace Keeping Council

Table of contents 

Constitution

Preamble

Section

1. Form of state
2. Sovereign power
3. Exercise of sovereign power
4. Royal sacrosanctity
5. Privy Council
6. National Legislative Assembly (NLA): functions
7. NLA: composition
8. NLA: vote to remove members
9. NLA: presidency
10. NLA: constitution drafting committee (CDC)
11. NLA: consideration of draft constitution prepared by CDC
12. NLA: preparation of new draft constitution after disapproval by NLA
13. NLA: preparation of new draft constitution after re-disapproval by NLA
14. NLA: quorum
15. NLA: privilege; immunity
16. NLA: conduct of meetings
17. NLA: enactment of acts
18. National Peace Keeping Assembly (NPKA): composition
19. NPKA: powers and duties
20. NPKA: joint meeting for tackling governmental problems
21. Council of Ministers (COM): composition, functions
22. COM: removal from office
23. COM: countersignature for appointment and removal
24. COM: qualifications, parliamentary rights
25. Royal decrees
26. Emergency decrees
27. Special power
28. Countersignatures for royal documents concerning public affairs
29. Judicial independence
30. Non liquet
31. Problems of constitutionality
32. Coup legalisation
33. NPKA: transitory functions

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Seal of the Royal Command

Administrative Charter of the Kingdom,
2534 Buddhist Era

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Bhumibol Adulyadej R

Given on the 1st day of March 2534 Buddhist Era
Being the 46th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej, Mahitalathibet Ramathibodi, Chakkrinaruebodin, Sayaminthrathirat, Borommanat Bophit, gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas the Leader of the National Peace Keeping Council, which successfully carried out the seizure and taking control of the administrative power of the State on the 23th day of February 2534 BE, has humbly made the following submission to Him: The National Peace Keeping Council announced the repeal of the Constitution of the Kingdom of Thailand, 2521 Buddhist Era, and the Amendments, because of its desire to have a suitable constitution so that the administration of the Country be in a smooth manner, as well as its intention to completely eliminate the fearful danger to the Nation and the Monarchy, and to quickly restore peace and order, and to as well designate an administrative mechanism which would allow the government of the Country to be efficacious and suitable with the nature of the Country, the economic fundamentals, and the society of the people in the Nation. However, the carrying out of the described enterprise will take an amount of time as may be necessary. Accordingly, an administrative charter of the Kingdom suitable with the situations prevailing at the present moment should be enacted and applied for the time being; therefore,^[1] in order to accomplish that which has been submitted to Him by the Leader of the National Peace Keeping Council, He gives a great royal command by which He orders with His pleasure that the following provisions be applied as an Administrative Charter of the Kingdom until promulgation of the constitution which would be drawn up in accordance with the provisions of this Administrative Charter of the Kingdom:

Section⁠1.⁠Thailand is one and whole kingdom incapable of separation.

The Monarch^[2] is the Divine Head [of State]^[3] and holds the position of Head of the Thai Armed Forces.

Section⁠2.⁠The sovereign power comes from all the Thais. The Monarch, who is the Divine Head [of State], exercises such power only in accordance with the provisions of this Administrative Charter.

Section⁠3.⁠The Monarch exercises the legislative power through the National Legislative Assembly, exercises the executive power through the Council of Ministers, and exercises the judicial power through the courts.

Section⁠4.⁠The person of the Monarch is in the status of being respected and adored,^[4] which shall no one violate, and no accusation or proceeding shall be filed against Him in any manner.

Section⁠5.⁠The Monarch selects and appoints [from amongst] competent persons one as President of the Privy Council and not more than fourteen others as Privy Councillors, who compose a Privy Council.

The Privy Council has the duty to present to the Monarch opinions on all the royal obligatory functions about which the Monarch seeks counsel.

Selection and appointment of Privy Councillors, and removal of Privy Councillors from their positions, are at the royal pleasure.

Section⁠6.⁠There shall be a National Legislative Assembly having the duty to prepare a constitution and consider bills.

In preparing a constitution, the National Legislative Assembly shall have regard to a general election which shall take place within 2534 Buddhist Era.^[5]

Section⁠7.⁠The National Legislative Assembly is composed of Members numbering not less than two hundred but not more than three hundred, whom the Monarch appoints from amongst the persons of the Thai nationality by birth according to a submission made to Him by the President of the National Peace Keeping Assembly.

If a position of Member of the National Legislative Assembly becomes vacant, the Monarch may appoint a person of the qualification under paragraph 1 as a replacing Member.

The President of the National Peace Keeping Assembly countersigns the appointment of Members of the National Legislative Assembly.

Section⁠8.⁠In the event that any Member of the National Legislative Assembly commits an act which impairs the honour of being a Member of the National Legislative Assembly or behaves in such a way that obstructs the performance of duties by a Member of the National Legislative Assembly, Members of the National Legislative Assembly numbering not less than twenty have the right to file a request with the President of the National Legislative Assembly for removing him from his membership.

The resolution of the National Legislative Assembly removing a Member from his membership according to paragraph 1 must obtain a vote of not less than two thirds of the total number of the Members existing on the day of the voting.

Section⁠9.⁠The Monarch appoints [from amongst] the Members of the National Legislative Assembly one as President of the Assembly and one or several as Vice Presidents of the Assembly, according to a resolution of the Assembly.

The President of the National Peace Keeping Assembly countersigns the appointment of the President of the National Legislative Assembly and Vice Presidents of the National Legislative Assembly.

Section⁠10.⁠The National Legislative Assembly shall establish a Committee [composed of Members] numbering not more than twenty to discharge the duty of drawing up a draft constitution to be introduced to the National Legislative Assembly.

The Committee under paragraph 1 may also be composed of persons who are not Members of the National Legislative Assembly.

Section⁠11.⁠Once the National Legislative Assembly has received a draft constitution from the Committee under section 10, it shall consider the draft constitution in three readings. The consideration at the first reading and second reading shall be in accordance with the regulations of the National Legislative Assembly on the conduct of meetings. As regards the third reading, it can only be held after the second reading has been over for fifteen days.

[At] the meeting for the third reading, the Members in attendance must, in order that a quorum be met, not be less than three fourths of the total number of the Members existing on the day of the meeting.

The voting at the third reading shall be conducted by means of roll call and the promulgation of [the draft] as a constitution must be approved by a vote of not less than two thirds of the total number of the Members existing on the day of the voting.

Once the National Legislative Assembly has passed the resolution of approval at the third reading, the President of the National Legislative Assembly shall bring and present the draft constitution to the Monarch for His signature promulgating it as a constitution.

[In] promulgating the constitution, the President of the National Legislative Assembly shall give a countersignature.

Section⁠12.⁠In considering the draft constitution at the third reading, if the vote of approval according to section 11, paragraph 3, cannot be obtained, the National Legislative Assembly shall draw up a new [draft] constitution and consider such draft constitution according to the provisions of this Administrative Charter. However, if the drawing up and consideration of the said draft constitution would result in the inability to organise an election within 2534 Buddhist Era, the time limit for the organisation of the election shall be extended for one hundred and twenty days reckoned from the last day of 2534 Buddhist Era.

Section⁠13.⁠In considering a draft constitution newly prepared in accordance with section 12, if, at the first reading or third reading, the vote of approval according to section 11 cannot be obtained, the Members of the National Legislative Assembly shall all vacate their positions on the day the National Legislative Assembly votes to disapprove [the draft], and the National Peace Keeping Assembly shall hold a joint meeting with the Council of Ministers to consider and improve the draft constitution under section 10 or section 12 or any of the previously promulgated constitutions of the Kingdom of Thailand, which must be finished within thirty days reckoned from the day the National Legislative Assembly votes to disapprove [the draft], before bringing and presenting [the improved draft] to the Monarch for His signature promulgating it as a constitution.

At the joint meeting according to paragraph 1, the President of the National Peace Keeping Assembly shall serve as the president of the meeting.

In carrying out paragraph 1, regard shall be had to an election which has to be organised as soon as possible.

[In] promulgating a constitution in accordance with this section, the Prime Minister shall give a countersignature.

Section⁠14.⁠Subject to section 10, at meetings of the National Legislative Assembly, the Members in attendance must, in order that a quorum be met, not be less than one third of the total number of the Members existing on the meeting day.

Section⁠15.⁠At meetings of the National Legislative Assembly, [if] anyone wishes to utter any word in such a way as to state a fact, or express an opinion, or cast a vote, it is his absolute privilege [to do so]. No one shall take it as a ground for filing a proceeding or denunciation against him in any manner.

The privilege provided in paragraph 1 shall also extend its protection to the members of the committees of the Assembly and the persons who print or the persons who publish meeting proceedings upon order of the President of the National Legislative Assembly.

In the event that a Member of the National Legislative Assembly is held in custody or detention, or is prosecuted in a criminal case, his release or a stay of his trial shall be ordered when the President of the National Legislative Assembly requests it.

Section⁠16.⁠The National Legislative Assembly has the power to enact regulations relating to the selection of and the performance of duties by the President of the Assembly, the Vice Presidents of the Assembly, and members of committees, the procedure for the conduct of meetings, the consideration of a draft constitution, the consideration of bills, the introduction of motions which bear no characteristic of a request for the Council of Ministers to give explanations or express opinions in any matters, the conduct of debates, the passage of resolutions, the maintenance of rule and order, and other affairs in the carrying out of its powers and duties.

Section⁠17.⁠The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.

Bills shall only be introduced by the Council of Ministers.

Section⁠18.⁠There shall be a National Peace Keeping Assembly composed of, as Members, the persons according to the Announcement of the National Peace Keeping Council No. 2 dated the 23rd day of February 2534 BE and the Announcement of the National Peace Keeping Council No. 5 dated the 23rd day of February 2534 BE.

The President of the National Peace Keeping Assembly may appoint not more than fifteen additional Members of the National Peace Keeping Assembly.

The Leader of the National Peace Keeping Council shall become the President of the National Peace Keeping Assembly; one of the Deputy Leaders of the National Peace Keeping Council as appointed by the National Peace Keeping Assembly, the Vice President of the National Peace Keeping Assembly; and the Secretary General of the National Peace Keeping Council, the Secretary General of the National Peace Keeping Assembly.

The National Peace Keeping Assembly shall appoint one or several persons, whether or not being Members of the National Peace Keeping Assembly, as Deputy Secretaries General of the National Peace Keeping Assembly.

In the event that the President of the National Peace Keeping Assembly is absent or unable to perform his duties, the Vice President of the National Peace Keeping Assembly shall serve as President of the National Peace Keeping Assembly. And in the event that the President of the National Peace Keeping Assembly and the Vice President of the National Peace Keeping Assembly are absent or unable to perform their duties, the Members of the National Peace Keeping Assembly shall select one of themselves^[6] to serve as President of the National Peace Keeping Assembly.

Section⁠19.⁠The National Peace Keeping Assembly has the powers and duties to join the Council of Ministers in designating the policy on the handling of the public services of the State which the Council of Ministers would address to the National Legislative Assembly, and to offer recommendations or opinions in any matters which it finds would be of benefit to the Council of Ministers in the handling of the public services of the State, and has other powers and duties as provided in this Administrative Charter.

At a joint meeting of the National Peace Keeping Assembly and the Council of Ministers according to the provisions of this Administrative Charter, the President of the National Peace Keeping Assembly shall serve as the president of the meeting.

Section⁠20.⁠In the event that it is found appropriate, the President of the National Peace Keeping Assembly or the Prime Minister may request a joint meeting of the National Peace Keeping Assembly and the Council of Ministers to together consider and resolve any problem which relates to the handling of the public services of the State.

Section⁠21.⁠The Monarch appoints one Prime Minister according to the submission of the President of the National Peace Keeping Assembly, and [appoints] Ministers in the number submitted by the Prime Minister. They compose a Council of Ministers having the duty to handle the public services of the State.

Section⁠22.⁠The Monarch wields the prerogative to remove the Prime Minister from his position according to the advice presented by the President of the National Peace Keeping Assembly, and remove a Minister from his position according to the advice presented by the Prime Minister.

Section⁠23.⁠The President of the National Peace Keeping Assembly countersigns the appointment of the Prime Minister or the removal of the Prime Minister from his position.

The Prime Minister countersigns the appointment of a Minister or the removal of a Minister from his position.

Section⁠24.⁠The Prime Minister and Ministers shall not at the same time be Members of the National Legislative Assembly and shall not hold any position in a private enterprise which carries out a business for the making of profits.

The Prime Minister and Ministers have the right to attend meetings [of the National Legislative Assembly] in order to address their policy and give explanations or express opinions at the meetings of the National Legislative Assembly, but they have no right to vote, and the provisions of section 15 which relate to privileges shall apply mutatis mutandis.

Section⁠25.⁠The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.

Section⁠26.⁠In the event of emergency where it is urgently necessary to maintain peace and order, or national security, or public safety, or economic security of the Country, or to avert a public disaster, or when it is necessary to have a law relating to taxation or currency which must be considered promptly and security for the maintenance of a benefit of the State, the Prime Minister may, upon approval of the National Peace Keeping Assembly, make a submission to the Monarch for enactment of an emergency decree to be applied as an act.

Upon promulgation of an emergency decree, the Council of Ministers shall introduce the emergency decree to the National Legislative Assembly without delay. If approbated by the National Legislative Assembly, the emergency decree shall continue to be in force as an act. If reprobated by the National Legislative Assembly, the emergency decree shall lapse, but this does not affect the affairs which took place during the application of such emergency decree.

Approbation or reprobation of an emergency decree shall be published in the Government Gazette. In the event that [the emergency decree] is reprobated, [the reprobation] shall come into force from the day of its publication in the Government Gazette.

Section⁠27.⁠In the event that the President of the National Peace Keeping Assembly or the Prime Minister finds it necessary for the purpose of preventing, repressing, or suppressing an act of subverting peace and order or national security, the royal throne, the economy of the Country, or the public services of the State, or an act of disrupting or threatening peace and order or good morals of people, or an act of destroying resources of the Country or debasing the health of people, irrespective of whether it occurs before or after the day of coming into force of this Administrative Charter and whether it occurs inside or outside the Kingdom, the President of the National Peace Keeping Assembly or the Prime Minister, or the President of the National Peace Keeping Assembly and the Prime Minister, have the power to give any order or do any act upon approval of a joint meeting of the National Peace Keeping Assembly and the Prime Minister, and the order or act of the President of the National Peace Keeping Assembly or the Prime Minister, or the order or act jointly given or done [by them], as well as the observance of the said order, shall be deemed lawful.

Once the President of the National Peace Keeping Assembly or the Prime Minister, or the President of the National Peace Keeping Assembly and the Prime Minister, have given any order or done any act in accordance with paragraph 1, a report shall be made to the President of the National Legislative Assembly in order that the National Legislative Assembly be informed thereof.

Section⁠28.⁠All legal provisions, royal autographs,^[7] and royal commands of whatever kind, which relates to the public services of the State, must be countersigned by the Prime Minister or a Minister.

Section⁠29.⁠Judges and justices are independent in trying and adjudicating upon cases in accordance with the law.

Section⁠30.⁠Whenever there is no provision of this Administrative Charter applicable to any case, such case shall be ruled in line with the custom of the administration of Thailand under the regime of democracy.

In the event that a problem relating to the ruling of any case according to the stipulations of paragraph 1 occurs in the purview of the National Legislative Assembly, or occurs because the Council of Ministers applies to the National Legislative Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.

Section⁠31.⁠In the event that there is a problem as to whether any act or observance is contrary to, or inconsistent with, or incompatible with a provision of this Administrative Charter, it shall be the National Legislative Assembly that gives a decisive ruling.

Section⁠32.⁠[As regards] all the acts, announcements, or orders of the Leader of the National Peace Keeping Council or of the National Peace Keeping Council, which were done, made, or given before the day of coming into force of this Administrative Chater and which relate to the seizure and taking control of the administrative power of the State on the 23rd day of February 2534 BE, irrespective of whatever manner they were done in, whatever form they were in, and whether they were done, made, or given for producing legislative, executive, or judicial effect, [those] acts, announcements, or orders, as well as the acts of the persons who observe those announcements or orders and the acts of anyone which have been done in connection with the said seizure or taking control of the administrative power of the State, shall be deemed lawful.

Section⁠33.⁠Before the Council of Ministers is established, the President of the National Peace Keeping Assembly performs the duties of the Prime Minister and the National Peace Keeping Assembly performs the duties of the Council of Ministers.

Countersignatory:
General Sunthorn Kongsompong
Leader of the National Peace Keeping Council

Notes

1. Originally, "and".
2. See also the note about the term phra maha kasat, here translated as "monarch".
3. See also the note about the term pramuk, here translated as "head".
4. See also the note about the term sakkara, here translated as "to adore".
5. The year 1991 Common Era.
6. Originally, "select one Member".
7. See also the note about the term phra ratcha hatthalekha, here translated as "royal autograph".

Bibliography

• "Thammanun Kanpokkhrong Ratcha-anachak Phutthasakkarat Song Phan Ha Roi Samsip Si" [Administrative Charter of the Kingdom, 2534 Buddhist Era]. (1991, 1 March). Ratchakitchanubeksa [Royal Thai Government Gazette], 108(40A Special), 1–14. (In Thai).