Translation:Administrative Charter of the Kingdom, 2515 Buddhist Era

by Revolutionary Council of Thailand (1971)

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): composition, functions
7. NLA: presidency
8. NLA: conduct of meetings
9. NLA: Enactment of acts
10. NLA: Enactment of new constitution
11. NLA: Enactment of new constitution
12. NLA: interpellation
13. NLA: privilege, immunity
14. Council of Ministers
15. Emergency decrees
16. Decrees
17. Special power of prime minister
18. Countersignatures for royal documents concerning public affairs
19. Judicial independence
20. Transitory functions of junta leader
21. Coup legalisation
22. Non liquet
23. Problems of constitutionality

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Seal of the Royal Command

Administrative Charter of the Kingdom,
2515 Buddhist Era

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Bhumibol Adulyadej R
Given on the 15th day of December 2515 BE
Being the 27th 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 gracious pleasure that it be announced as follows:

Whereas the Revolutionary Council, headed by Field Marshal Thanom Kittikhachon, successfully seized the administrative power of the State on the 17th day of November 2514 BE, and the Head of the Revolutionary Council humbly made a submission to Him that the Revolutionary Council announced the repeal of the Constitution of the Kingdom of Thailand, 2511 Buddhist Era, because of the desire to resolve the situations endangering the Nation, Monarchy, and People, so that peace and order, as well as normalcy and happiness, would be restored instantly, and to designate an administrative mechanism suiting the nature of the Country, the economic fundamentals, and the mind of the people, but the resolving of the situations so as to restore peace and order, as well as normalcy and happiness, and the designation of a suitable administrative mechanism, would take time as may be required by the events, and, during the carrying out of the said enterprise, an Administrative Charter of the Kingdom which suits the situation and the defence of the Country should be put into application for the time being; therefore, in order to accomplish that which has been submitted to Him by the Head of the Revolutionary 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 the National Legislative Assembly would resolve to bring and present to Him:

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

The Monarch is the Divine Head [of State] 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 Head [of State], exercises such power only by virtue of 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 Monarch dwells in the position of revered worship, which shall no one violate. In addition, no accusation or proceeding shall be filed against Him in any manner.

Section⁠5.⁠There shall be a Privy Council with [Members] numbering not more than nine. The appointment and vacation of positions of Privy Councillors shall be at the royal pleasure.

Section⁠6.⁠There shall be a National Legislative Assembly composed of Members numbering two hundred and ninety-nine, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth and of the age not lower than full thirty-five years.

The memberships of the Members of the National Legislative Assembly last for a term of three years counted from the day of their appointment by the Monarch.

The Monarch wields the prerogative to appoint as a Member again a person who has retired by rotation.

If a position of Member of the National Legislative Assembly becomes vacant for any other reason than retirement by rotation, the Monarch may appoint a person who has the qualifications under paragraph 1 as a replacing Member. In the event that He has appointed [a Member], such replacing Member can only be in the position until completion of the term of the person replaced by him.

Section⁠7.⁠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.

Section⁠8.⁠Subject to section 10, at meetings of the National Legislative Assembly, the Members in attendance must not be less than one third of the total number of the Members in order that a quorum be met.

Subject to section 10 and section 11, 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 introduction and consideration of bills, the consideration of the draft constitution, the introduction of motions, the conduct of debates, the passage of resolutions, the conduct of interpellation, the maintenance of rule and order, and other affairs in the implementation of its powers and duties.

Section⁠9.⁠The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.

Bills shall only be proposed by Members of the National Legislative Assembly or Council of Ministers. However, money bills—which refer to bills relating to all or any of the following subjects, namely, the establishment, or repeal, or reduction, or alteration, or remission, or regulation of a tax or duty, [or] the appropriation of, or receipt of, or custody of, or spending of, or creation of an obligation binding state money, or the reduction of state revenue, or the raising, or guarantee, or repayment of a loan, or [refers to] a bill on currency—shall only be proposed by the Council of Ministers.

In the event of doubt as to whether or not a bill proposed by Members of the National Legislative Assembly is a money bill, it shall be the power of the President of the National Legislative Assembly to give a ruling.

Section⁠10.⁠It is the Council of Ministers that proposes a draft constitution to the National Legislative Assembly.

The consideration of the draft constitution must be done in three readings. As regards the first and second readings, the regulations of the National Legislative Assembly on the conduct of meetings shall govern. As regards the third reading, it shall only be held after the second reading has been over for fifteen days.

At the third reading, the voting shall be conducted by means of roll call, and the promulgation of the constitution must be approved by a vote of not less than two thirds of the total number of the Members.

At the meeting according to the stipulations of paragraph 3, the Members in attendance must not be less than three fourths of the total number of the Members in order that a quorum be met.

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

In promulgating the constitution, the President of the Assembly shall give a countersignature.

Section⁠11.⁠In the event that the National Legislative Assembly resolves to disapprove the draft constitution at the first reading or third reading, the Council of Ministers shall propose a new draft constitution within ninety days counted from the day of the passage of the resolution of disapproval by the National Legislative Assembly.

The stipulations of section 10 shall apply to the consideration and promulgation of the draft constitution proposed by the Council of Ministers in accordance with paragraph 1.

Section⁠12.⁠At meetings of the National Legislative Assembly, every Member has the right to interpellate a Minister in respect of any matter which relates to the work under his duty, but the Minister does have the right to withhold the answer when he finds that the matter should not yet be disclosed as it relates to the safety or important benefit of the State, or when he finds that the interpellation is prohibited by a regulation. In conducting the interpellation, no Member shall conduct a debate in supplement to the interpellation or shall conduct additional interrogation.

Section⁠13.⁠At meetings of the House, it is an absolute privilege for any person to utter any word in such a way as to state a fact, or express an opinion, or cast a vote. 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 extend its protection to the members of the committees of the Assembly [and] those who print and publish meeting proceedings upon the order of the Assembly also.

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 whenever the President of the Assembly requests it.

Section⁠14.⁠The Monarch appoints one Prime Minister and [appoints] Ministers in accordance with the advice presented by the Prime Minister and in an appropriate number. They compose a Council of Ministers which has the duty to handle the public services of the State.

The Monarch wields the prerogative to remove a Minister from his position in accordance with the advice presented by the Prime Minister.

The Prime Minister and Ministers shall not at the same time be Members of the National Legislative Assembly.

The Prime Minister and Ministers have the right to attend and express explanations or opinions at meetings of the National Legislative Assembly, but they have no right to vote.

The Prime Minister has the power and duty to carry out and control the handling of the public services of the State.

The Ministers have the powers and duties as designated by the law and as authorised by the Council of Ministers or Prime Minister.

The end of the membership of a Member of the National Legislative Assembly according to section 6 does not affect the handling of the public services of the State by the Council of Ministers and the holding of positions of Prime Minister and Ministers.

Section⁠15.⁠When it is urgently necessary to maintain the security of the Kingdom or avert a public disaster, or when it is necessary to have a law relating to taxation or currency, the Monarch wields the prerogative to enact an emergency decree to be applied as an act.

Upon promulgation of an emergency decree, the Council of Ministers shall propose 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 Royal Gazette. In the event of reprobation, it shall take effect from the day of its publication in the Royal Gazette.

Section⁠16.⁠The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.

Section⁠17.⁠In the event that, during the application of this Administrative Charter, the Prime Minister finds it appropriate for the purpose of preventing, repressing, or suppressing an act of subverting the security of the Kingdom, royal throne, economy of the Country, or public services of the State, or an act of disrupting or threatening public order or good morals, or an act of destroying resources of the Country or debasing the health of the people, regardless of whether it occurs before or after the day of announcement of this Administrative Charter and whether it occurs inside or outside the Kingdom, the Prime Minister has the power to give any order or do any act upon a resolution of the Council of Ministers, and such order or act, as well as the observance of the said order, shall be deemed lawful.

Once the Prime Minister has given any order or done any act in accordance with the stipulations of paragraph 1, the Prime Minister shall notify the Assembly thereof.

Section⁠18.⁠All legal provisions, royal rescripts, and royal commands of any kind, which relate to the public services of the State, must be countersigned by the Prime Minister or a Minister.

In appointing a Prime Minister, the President of the Assembly shall give a countersignature.

Section⁠19.⁠Judges are independent in trying and adjudicating upon cases in accordance with the law.

Section⁠20.⁠Before the Council of Ministers is established, the Head of the Revolutionary Council performs the duties of the Council of Ministers and the Prime Minister.

Section⁠21.⁠As for all the announcements of the Revolutionary Council or orders of the Head of the Revolutionary Council which were made or given during [the time from] the revolution on the 17th day of November 2514 BE until the announcement of this Administrative Charter, regardless of any form they might take and whether they were made or given for producing legislative, executive, or judicial effect, those announcements or orders, as well as the observance of those announcements or orders, shall be deemed lawful.

Section⁠22.⁠Whenever no provision of this Administrative Charter is applicable to any case, such case shall be ruled in line with the custom of the democratic administration of Thailand.

In the event that a problem relating 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 Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.

Section⁠23.⁠In the event that there is a problem as to whether any act or observance is contrary to, or inconsistent with, or incompatible with the provisions of this Administrative Charter, it shall be the National Legislative Assembly that gives a decisive ruling.

Countersignatory:
Field Marshal Thanom Kittikachorn
Head of the Revolutionary Council

Bibliography

• "Thammanun Kanpokkhrong Ratcha-anachak Phutthasakkarat Song Phan Ha Roi Sip-ha" [Administrative Charter of the Kingdom, 2515 Buddhist Era]. (1972, 15 December). Ratchakitchanubeksa [Royal Gazette], 89(192A), 1–12. (In Thai).