Translation:Amendment (No 2) of 2491 BE to the Constitution of the Kingdom of Thailand (Interim)

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Amendment (No 2) of 2491 BE to the Constitution of the Kingdom of Thailand (Interim) (1948)
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National Assembly of Thailand4101772Amendment (No 2) of 2491 BE to the Constitution of the Kingdom of Thailand (Interim)1948Wikisource

Issue 7Volume 65

47
Royal Gazette

3 February 2491

Amendment (No 2)
of 2491 BE to the Constitution of
the Kingdom of Thailand (Interim)

In the name of King Bhumibol Adulyadej
The Supreme Council of State, serving as the Council of Regency

Rangsit Krommakhun Chainatnarenthon
Alongkot
Thaniniwat
Manawaratchasewi
Adundetcharat

Given on the 23rd day of January 2491 BE
Being the 3rd year of the present reign

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era, so that it shall contain compulsory provisions requiring a permanent constitution of the Kingdom of Thailand to be brought into existence in due time and requiring the amendments to this Constitution and the consideration of the draft permanent constitution to be carried out at joint meetings of the National Assembly;

Therefore, with the approval of the National Assembly, the Monarch gives a Great Royal Command that the following Amendment to the Constitution be enacted:

Section1.This Constitution is called the Amendment (No 2) of 2491 BE to the Constitution of the Kingdom of Thailand (Interim).

Section2.This Constitution shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.The following dispositions shall be inserted after subsection (7) of section 70 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era as subsections (8), (9), (10), and (11), respectively:

“(8)the making of an amendment to the Constitution, according to the dispositions of section 93;
(9)the election of Members of the Constitution Drafting Assembly, according to the dispositions of section 95bis;
(10)the establishment of rules regarding the procedure for applying for candidacies and the procedure for electing Members of the Constitution Drafting Assembly, according to the dispositions of section 94quater;
(11)the holding of discussions on a draft constitution, according to the dispositions of section 95sexies”.

Section4.The disposition of section 87 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era shall be repealed and replaced by the following disposition:

“Section87.Subject to sections 56, 74, and 95septies, legal provisions, royal rescripts, and royal commands of any kind, which relate to the public affairs of the State, must be countersigned by a Minister.”

Section5.The following dispositions shall be inserted after section 95 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era as sections 95bis, 95ter, 95quater, 95quinquies, 95 sexies, 95septies, and 95octies, respectively:

“Section95bis.There shall be an Assembly called the Constitution Drafting Assembly, which shall be composed of Members elected by the National Assembly, of whom ten shall be from amongst the Senators, ten shall be from amongst the Members of the Chamber of Deputies, and the rest shall be from the four types of candidates in the election of Members of the Constitution Drafting Assembly as designated in section 95ter, five per each type.

The election of Members of the Constitution Drafting Assembly shall be conducted during the first session of the National Assembly after the election of Members of the Chamber of Deputies according to the transitory provisions of this Constitution.
Section95ter.Those who are not Senators or Members of the Chamber of Deputies and are of the qualifications as designated for any of the following types have the right to apply for candidacies in the election of Members of the Constitution Drafting Assembly:
Type1Those who have the qualifications of the candidates in the election of Members of the Chamber of Deputies according to the transitory provisions of this Constitution;
Type2Those who have the qualifications mentioned in Type 1 and are holding or once held positions of permanent secretaries, director generals, or equivalents;
Type3Those who have the qualifications mentioned in Type 1 and once were Members of the House of Representatives, or Members of the Chamber of Deputies, or Members of the Chamber of Elders, or are holding or once held positions of Ministers;

Type4Those who have the qualifications mentioned in Type 1 and have graduated with bachelor’s degree or equivalents.
Each applicant can only apply for a single type of candidacy, and a person entitled to apply for Type 2, 3, or 4 candidacy shall not apply for Type 1 candidacy.
Section95quater.The procedure for applying for candidacies and the procedure for electing Members of the Constitution Drafting Assembly shall be governed by the rules established by the National Assembly.
The membership of a Member of the Constitution Drafting Assembly ends upon death or resignation only, and no person shall be elected to fill the vacant membership.
Section95quinquies.The Constitution Drafting Assembly shall have the duty to draft a permanent constitution and finish it within one hundred and eighty days from the day the election of Members of the Constitution Drafting Assembly is completed.
Upon having finished drafting a constitution in accordance with the disposition of the previous paragraph, the Constitution Drafting Assembly shall send such draft to the National Assembly without delay, and once the National Assembly has passed a resolution in accordance with the dispositions of section 95sexies, the existence of the Constitution Drafting Assembly shall cease.
Section95sexies.The National Assembly shall discuss the draft constitution sent by the Constitution Drafting Assembly in accordance with the dispositions of the previous section, and pass a resolution as to whether or not it should be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand.
The Members of the Constitution Drafting Assembly have the right to attend meetings for giving supplementary explanations on the draft constitution.
The draft constitution drawn up and sent to the National Assembly by the Constitution Drafting Assembly shall not be amended in any manner.
The passage of a resolution according to the disposition of paragraph 1 shall be done by means of calling the Members out by their names to vote one by one, and shall not be done on the same day as the discussion day.
Section95septies.If the National Assembly, by the vote of more than half of the number of the Members of both chambers, passes a resolution that the draft constitution should be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand, the President of the Senate shall then proceed with it in accordance with such resolution and shall countersign it.
Section95octies.In the event that the National Assembly passes a resolution that the draft constitution should not be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand, or in the event that the Monarch fails to give an endorsing signature to it within a period of one hundred and eighty days from the day it is presented to Him, there shall be a Constitution Drafting Assembly to draw a new draft constitution up and proceed with it in accordance with the provisions of this Constitution until the National Assembly passes a resolution that it should be presented to the Monarch for His signature thenceforth endorsing it as the constitution of the Kingdom of Thailand.”

Countersignature
Khuang Aphaiwong
Prime Minister

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Original:

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For any other work that was created or commissioned by the Thai Government, it is in the public domain if at least 50 years have elapsed since its first publication or it was not published within 50 years of authorship.

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