Translation:Administrative Charter of the Kingdom, 2520 Buddhist Era

by Revolutionary Council of Thailand (1977)

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: presidency
9. NLA: constitution drafting committee (CDC)
10. NLA: consideration of draft constitution prepared by CDC
11. NLA: preparation of new draft constitution after disapproval by NLA
12. NLA: preparation of new draft constitution after re-disapproval by NLA
13. NLA: quorum
14. NLA: privilege, immunity
15. NLA: conduct of meetings
16. NLA: enactment of acts
17. National Policy Assembly (NPA): composition
18. NPA: functions
19. NPA: joint meeting for tackling governmental problems
20. NPA: transitory functions
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 of prime minister
28. Countersignatures for royal documents concerning public affairs
29. Judicial independence
30. Non liquet
31. Problems of constitutionality
32. Coup legalisation

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Seal of the Royal Command

Administrative Charter of the Kingdom,
2520 Buddhist Era

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Bhumibol Adulyadej R
Given on the 9th day of November 2520 Buddhist Era
Being the 32nd 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 Head of the Revolutionary Council has humbly made the following submission to Him: The Revolutionary Council seized the administrative power of the State on the 20th day of October 2520 and announced the repeal of the Constitution of the Constitution of the Kingdom of Thailand, 2519 Buddhist Era, because it desired to accelerate the rehabilitation of the economy, society, unity of the people in the Nation, orderliness, and tranquillity of the people, and to as well strengthen the relations with all countries, so that security, both inside and outside the Kingdom, would be brought about to the government of the Country in the future. The Revolutionary Council would organise the promulgation of a new constitution by charging a national legislative assembly with the drafting thereof under the goal to hold an election within the year 2521 Buddhist Era as already scheduled. However, during the carrying out of the described enterprise, 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, by virtue of the reasons submitted to Him by the Head of the Revolutionary Council, He orders with His gracious pleasure that the following provisions proposed to Him by the Revolutionary Council 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:

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 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 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.⁠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 obligations about which the Monarch seeks their 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 the year 2521 Buddhist Era.

Section⁠7.⁠The National Legislative Assembly is composed of Members numbering not less than three hundred but not more than four hundred, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth according to a submission made to Him by the President of the National Policy 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 Policy Assembly countersigns the appointment of Members of the National Legislative Assembly.

The Monarch wields the prerogative to remove a Member of the National Legislative Assembly from his position upon the advice presented by the President of the National Legislative Assembly according to a resolution of the National Legislative Assembly, and the President of the National Legislative Assembly countersigns the removal of the Member from his position.

Section⁠8.⁠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.

Section⁠9.⁠The National Legislative Assembly shall establish a Committee to discharge the duty of drafting a constitution to be proposed to the National Legislative Assembly.

How many [Members] there will be in the Constitution Drafting Committee, and whether or not they will include persons who are not Members of the National Legislative Assembly, shall be in accordance with a resolution of the National Legislative Assembly.

Section⁠10.⁠Once the National Legislative Assembly has received a draft constitution from the Committee under paragraph 9, it shall consider such 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.

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.

At the meeting for the third reading, 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 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.

Section⁠11.⁠In considering the draft constitution at the third reading, if the vote of approval according to section 10, paragraph 2, cannot be obtained, the National Legislative Assembly shall prepare a new draft constitution in accordance with the provisions of this Administrative Charter. However, if the preparation of the said draft constitution would result in the inability to organise an election within the year 2521 Buddhist Era, the time limit for the organisation of the election shall be extended for one hundred and twenty days counted from the last day of the year 2521 Buddhist Era.

Section⁠12.⁠In considering a draft constitution newly prepared in accordance with section 11, if, at the first reading or third reading, the vote of approval according to section 10 cannot be obtained, the Members of the National Legislative Assembly shall all vacate their positions on the day the National Legislative Assembly voted for disapproval, and the Council of Ministers, upon approval of the National Policy Assembly, shall improve the draft constitution drawn up by the Committee under section 9 or any of the previously promulgated constitutions of the Kingdom of Thailand, which must be finished within thirty days counted from the day the National Legislative Assembly voted for disapproval, before bringing and presenting [the improved draft] to the Monarch for His signature promulgating it as a constitution.

In improving the constitution according to paragraph 1, the Council of Ministers shall have regard to an election which has to be organised as soon as possible.

In promulgating the constitution according to this section, the Prime Minister shall give a countersignature.

Section⁠13.⁠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.

Section⁠14.⁠At meetings of the National Legislative Assembly, 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. It shall not be taken 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 and publish meeting proceedings upon the order 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.

Section⁠15.⁠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 bills, the consideration of a draft constitution, the proposing 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 implementation of its powers and duties.

Section⁠16.⁠The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.

Bills shall only be proposed by the Council of Ministers.

Section⁠17.⁠There shall be a National Policy Assembly composed of as Members the persons from the Revolutionary Council according to the Announcement of the Revolutionary Council No. 6 dated the 22th day of October 2520 Buddhist Era.

The Head of the Revolutionary Council shall become the President of the National Policy Assembly, the Deputy Head of the Revolutionary Council shall become the Vice President of the National Policy Assembly, and the National Policy Assembly shall appoint [from amongst] the Members of the National Policy Assembly one as Secretary General of the National Policy Assembly and one as Deputy Secretary General of the National Policy Assembly.

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

Section⁠18.⁠The National Policy Assembly has the powers and duties to designate the policy of the State and give opinions to the Council of Ministers in order that the handling of the public services of the State be in line with the policy of the State, and has other powers and duties as provided in this Administrative Charter.

Section⁠19.⁠In the event that there is a problem relating to an important policy or when the Prime Minister applies for consideration of any problem, the President of the National Policy Assembly may propose such problem to a joint meeting of the Members of the National Policy Assembly and Council of Ministers for consideration and ruling, and once the joint meeting has adopted a resolution of any kind, the Council of Ministers shall implement it.

At the joint meeting according to paragraph 1, the President of the National Policy Assembly shall serve as president and the stipulations of paragraph 3 of section 17 shall apply mutatis mutandis.

Section⁠20.⁠Before the Council of Ministers is established, the President of the National Policy Assembly performs the duties of the Prime Minister and the National Policy Assembly performs the duties of the Council of Ministers.

Section⁠21.⁠The Monarch appoints one Prime Minister according to a submission of the President of the National Policy Assembly and [appoints] Ministers in the number submitted by the Prime Minister. They compose a Council of Ministers which has 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 Policy Assembly and remove a Minister from his position according to the advice presented by the Prime Minister.

Section⁠23.⁠The President of the National Policy 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 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 state their policy and express explanations or opinions there, but they have no right to vote.

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

Section⁠26.⁠When it is urgently necessary to maintain the national security or to avert a public disaster, or when it is necessary to have a law relating to taxation or currency, the Prime Minister may, upon approval of the National Policy 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 Royal Gazette. In the event of reprobation, it take effect from the day of its publication in the Royal Gazette.

Section⁠27.⁠In the event that the Prime Minister finds it necessary for the purpose of preventing, repressing, or suppressing an act of subverting the security of the Kingdom, the royal throne, the economy of the Country, or the 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 coming into force 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 approval of the Council of Ministers and the National Policy Assembly, and the order or act of the Prime Minister, 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 paragraph 1, he shall notify the National Legislative Assembly thereof.

Section⁠28.⁠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.

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

Section⁠30.⁠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 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 for all acts, announcements, or orders of the Head of the Revolutionary Council, or acts, announcements, or orders of the Revolutionary Council, which were done, made, or given before the day of coming into force of this Administrative Charter and which concern the revolution, regardless of however they were done or whatever form they took 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, shall be deemed lawful.

Countersignatory:
Admiral Sangad Chaloryu
Head of the Revolutionary Council

Bibliography

• "Thammanun Kanpokkhrong Ratcha-anachak Phutthasakkarat Song Phan Ha Roi Yisip" [Administrative Charter of the Kingdom, 2520 Buddhist Era]. (1977, 9 November). Ratchakitchanubeksa [Royal Gazette], 94(111A), 1–14. (In Thai).