Translation:Amendment to the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, 2495 Buddhist Era

by the House of People's Representatives of Thailand

Table of contents 

The Amendment

Preamble

Section

1. Reenactment of constitution
2. Amendment as to the Monarch
3. Amendment as to rights and freedoms
4. Amendment as to state policy
5. Amendment as to the Legislative
6. Amendment as to the Executive
7. Amendment as to the Judiciary
8. Amendment as to the Constitutional Tribunal
9. Amendment as to constitutional amendment
10. Amendment as to final and transitory provisions
11. References to amended provisions

---

Seal of the Royal Command

Amendment to
the Constitution of the Kingdom of Thailand, 2475 Buddhist Era,
2495 Buddhist Era

---

Somdet Phra Paramin Maha Bhumibol Adulyadej
Sayaminthrathirat Borommanat Bophit

Let good happen!^[1] The time of the divine Buddhist religion has become the past for 2495 years! At the present moment, it is, in the lunar fashion, the 13th day of the waxing moon, the month of Phagguṇa,^[2] the year of the Nāga,^[3] or, under the solar calendar, the day of Śani,^[4] the 8th solar day of the month of the Coming of the Fish.^[5] The time has thus been determined!^[6]

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej, Mahitalathibet Ramathibodi, Chakkrinaruebodin, Sayaminthrathirat, Borommanat Bophit^[7] —

makes His appearance at the Divine Hall of Eternal Union^[8] amidst a full assembly of senior and junior members of the royal family, corps of diplomats representing various countries, House of People's Representatives Members, and military and civil royal officers, who, in unison and in sequence, are in attendance by the side of His lotus feet.^[9]

With His gracious pleasure, He orders that the following remark of Him be announced: After His Great Divine Majesty the King Uncle, Phra Bat Somdet Phra Paramin Maha Prajadhipok Phra Pok Klao Chaoyuhua,^[10] granted a constitution of the Kingdom of Thailand with His gracious pleasure on the 10th day of December 2475 Buddhist Era,^[11] establishing an administration under the regime of democracy in Thailand for the first time, many more constitutions of the Kingdom of Thailand had later been promulgated up to the Constitution of the Kingdom of Thailand, 2492 Buddhist Era,^[12] so as to introduce new principles suitable with the time. However, it appeared then that the world events and internal situations had changed, for which reason the Interim National Executive Council,^[13] as well as public servants from the Army, Navy, Air Force, and civil service, the Party of the Promoters of the Administrative Change in 2475 Buddhist Era,^[14] the Party of Coup Makers of 2490 Buddhist Era,^[15] and [parties of] patriots, made a submission to [His Majesty], begging to be granted His great royal permission to bring back into application the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, along with the Constitution Amendment on the Name of the Country, 2482 Buddhist Era, and the Constitution Amendment on Transitory Provisions, 2483 Buddhist Era. He entertained an opinion that it was appropriate to put those constitutions into application for the time being, and as the said constitution of the Kingdom of Thailand contained in some sections the provisions not suitable with the situations, He, with His pleasure, ordered the House of People's Representatives to discuss together and further improve it, so that it become an eternal pillar of the process of governance in time to come.

Having well and successfully fulfilled His mandate and repaid His benevolence by holding meetings to discuss and draw up a constitution, the House of People's Representatives brought it before Him, humbly presenting Him with advice and consent, stating that it was ready to be enacted as an Amendment to the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, 2495 Buddhist Era. And, having reviewed it with care and thoroughness, He found it appropriate to express His great royal approval.

Therefore, He gives a great royal command by which He declares to all an order that the Amendment to the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, 2495 Buddhist Era, be enacted, announced, and conferred upon His populace from the date of its publication in the Royal Gazette onwards.

May this Constitution of the Kingdom of Thailand be a pillar preventing catastrophes and calamities which are drawing nigh to the Nation, the religions, and the people. May all the Thais be of one mind and united in preserving and observing the Constitution unanimously, in order to enhance the permanent peace, happiness, and well-being of His citizenry. May the members of the royalty, either senior or junior, the public servants, both civil and military, as well as the people under His authority, uphold unity, in order that the regime of democracy should stay well and beside the State of Thailand, the Royal Land, till the end of the epoch, in accordance with His great royal wish. May all of this be true!

Section⁠1.⁠The Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, and the Constitution Amendment on the Name of the Country, 2482 Buddhist Era, shall be used as the permanent constitutions of the Kingdom of Thailand from the days of their publication in the Royal Gazette.

Section⁠2.⁠The stipulations of chapter 1 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be amended in the following manners:

(1)⁠section 9 to section 11 shall be repealed;

(2)⁠the figures of section 4 to section 8 shall be modified to be 5 to 9,^[16] respectively.

(3)⁠the following sections shall be inserted as section 4 and section 10 to section 23, respectively:

"Section⁠4.⁠No one shall file an accusation or proceeding against the Monarch in any manner."

"Section⁠10.⁠The Monarch wields the prerogative to establish estates^[17] and confer royal decorations."

"Section⁠11.⁠The Monarch wields the prerogative to select and appoint [from amongst] competent persons one as President of the Privy Council and not more than eight 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, and [has] other duties as provided in this Constitution."

"Section⁠12.⁠Selection and appointment of a Privy Councillor, and removal of a Privy Councillor from his position, shall be at the royal pleasure."

"Section⁠13.⁠The Privy Councillors must not be regular public servants, Ministers or other political public servants, or Members of the House of People's Representatives, and must not express attachment^[18] to any political party."

"Section⁠14.⁠Before assuming duties, a Privy Councillor must affirm in the presence of the Monarch that he will be faithful, honest, and loyal to the Monarch and will perform his duties for the benefit of the Country and the people, and that he will also preserve and observe the Constitution of the Kingdom of Thailand in every respect."

"Section⁠15.⁠A Privy Councillor vacates his position upon death, resignation, or removal from the position by a royal command."

"Section⁠16.⁠Appointment and removal of public servants at the royal court^[19] and the Aide-de-Camp General shall be at the royal pleasure."

"Section⁠17.⁠Whenever the Monarch is to not reside in the Kingdom or, for any reason, is to be unable to handle His royal burdens, He will, with the approval of the House of People's Representatives, appoint any person as His Regent, and the President of the House of People's Representatives shall give a countersignature."

"Section⁠18.⁠In the event that the Monarch has not appointed a Regent in accordance with the stipulations of section 17, or in the event that the Monarch is unable to appoint a Regent because He has not yet attained majority or because of any other reason, the Privy Council shall nominate to the House of People's Representatives for approval any person appropriate to hold the position of Regent. Once the House of People's Representatives has given its approval, the President of the House of People's Representatives shall announce in the name of the Monarch appointing such person as Regent.

In the event that no Privy Council exists, the Council of Ministers shall serve as the Privy Council under the stipulations of the first paragraph."

"Section⁠19.⁠Whilst there is no such Regent as provided in section 17 or section 18, or in the event that the Regent appointed in accordance with the stipulations of section 17 or section 18 is unable to perform his duties for any reason, the President of the Privy Council shall serve as Regent temporarily.

Whilst the President of the Privy Council is serving as Regent, the President of the Privy Council shall not perform the duties as the President of the Privy Council.

In the event that the President of the Privy Council is unable to perform his duties for any reason, the Privy Council shall select one Privy Councillor to become the President of the Privy Council temporarily.

In the event that no Privy Council exists, the Council of Ministers shall serve as the President of the Privy Council under the stipulations of the first paragraph."

"Section⁠20.⁠Before assuming duties, the Regent appointed in accordance with the stipulations of section 17 or section 18 must affirm at a meeting of the House of People's Representatives in the following formula: I will be faithful, honest, and loyal to the Monarch and will perform my duties for the benefit of the Country and the people, and will also preserve and observe the Constitution of the Kingdom of Thailand in every respect."

"Section⁠21.⁠Succession to the throne shall be in accordance with the gist^[20] of the Palace Law on Succession, 2467 Buddhist Era, together with the approval of the House of People's Representatives.

No repeal or amendment shall be made to the Palace Law on Succession, 2467 Buddhist Era."

"Section⁠22.⁠The Monarch attains majority upon completing His full eighteen years of age."

"Section⁠23.⁠In the event that the royal throne becomes vacant, the Privy Council shall nominate a successor to the throne in accordance with the Palace Law on Succession, 2467 Buddhist Era, to the House of People's Representatives for approval. Once the House has given its approval, the House shall invite the successor to the throne to ascend the throne as a Monarch henceforth. Then the President of the Assembly shall issue an announcement for the knowledge of the people.

Whilst no successor to the throne has yet been announced in accordance with this section, if any person has been appointed as Regent in accordance with the stipulations of section 17 or section 18, that person shall perform the duties of Regent for the time being. But if no such Regent exists, the President of the Privy Council shall become Regent for the time being.

In the event that the President of the Privy Council becomes Regent in accordance with the stipulations of the previous paragraph, the provisions of section 19, paragraph 2 and paragraph 3, shall apply.

In the event that no Privy Council exists, the Council of Ministers shall serve as the Privy Council or President of the Privy Council, as the case may be."

Section⁠3.⁠The stipulations of chapter 2 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be amended in the following manners:

(1)⁠section 13 to section 15 shall be repealed;

(2)⁠the figure of section 12 shall be modified to be 24;

(3)⁠the following sections shall be inserted as section 25 to section 37, respectively:

"Section⁠25.⁠Persons do have full freedom to profess a religion, religious sect, or religious ideology,^[21] and do have freedom to perform rituals according to their own believes, when these are not adverse to the duties of the citizens and are not contrary to peace and order or good morals of people.

In exercising such freedoms as said in the previous paragraph, persons are protected from the execution by the State of any act which derogates their rights or impairs the benefits which they should have or should acquire, as a result of [the fact that] the religion, religious sect, or religious ideology they profess or the rituals they perform according to their believes are different from [those of] other persons."

"Section⁠26.⁠Persons do have full freedom of property, speech, writing, printing, publication, education, public assembly, establishment of associations, and establishment of political parties; however, this is subject to the provisions of law."

"Section⁠27.⁠Persons do have full freedom of the person.

In any event whatsoever, arrest, detention, or search on the person shall only be executed by virtue of a power under a provision of law."

"Section⁠28.⁠Forced labour shall only be exacted by virtue of a power under a provision of law."

"Section⁠29.⁠The State does respect the ownership of a private person over [his] property. No ownership of a private [person] over [his] property shall be transferred to the State, save where it is necessary for an activity of public utility, or [for] an activity which is directly necessary for the defence of the Country, or [for] acquisition of a natural resource, and fair recompense must have been made to all the owners or right holders injured by such ownership transfer."

"Section⁠30.⁠Persons do have full freedom of abode.

Persons do receive protection in relation to peaceful habitation and possession of their abodes. Entry into an abode without the consent of its possessor or search of an abode shall only be executed by virtue of a power under a provision of law."

"Section⁠31.⁠Persons do have full freedom to choose their places of residence within the Kingdom and to pursue occupation; however, this is subject to the provisions of law.

No person of the Thai nationality shall be deported out of the Kingdom."

"Section⁠32.⁠A single person or several persons jointly do have the right to petition, subject to the conditions and procedure provided by the law."

"Section⁠33.⁠Protected is the right of a person to family [life]."^[22]

"Section⁠34.⁠Protected is the right of a person to sue a public agency with juristic personality in order to hold it liable for an act of a public officer as if being a principal or employer."

"Section⁠35.⁠Never shall a person exercise the rights and freedoms under this Constitution in a manner adverse to the Nation, the Religions, the Monarch, and the Constitution."

"Section⁠36.⁠Persons who are military officers, police officers, other regular public servants, and municipal officials do have the same rights and freedoms under this Constitution as the people who are citizens, save those restricted by the law, or the regulations or regulations^[23] issued by virtue of a power under the law, in relation to politics, capability, or discipline only."

"Section⁠37.⁠Persons do have the duty to maintain the administration under the regime of democracy with a Monarch as Head [of State], and do have the duty to respect the law, defend the Country, and assist the public sector by means of paying taxes and other [means], subject to the conditions and procedure provided by the law."

Section⁠4.⁠The following stipulations shall be inserted in the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, as chapter 3 and section 38 to section 44, respectively:

"Chapter 3
Policy of the State

Section⁠38.⁠The State must maintain independence and cooperate with all countries for [the purpose of] nurturing peace and happiness of the world.

Section⁠39.⁠The State must have military forces for the maintenance of independence and benefit of the Nation.

Section⁠40.⁠The State must maintain internal peace so as to bring about peace and happiness to the inhabitants.

Section⁠41.⁠The State should support the private [sector] in initiating economic [activities], and [should] conduct affairs with characteristics of public utility in harmony with the economic affairs carried out by the private [sector].

Section⁠42.⁠The State should promote and nurture education.

Systematisation of education is a specific duty of the State. All educational institutions are subject to the supervision of the State.

[At] the higher level of education,^[24] the State should enable educational institutions to carry out their own affairs within the scope provided by the law.

Section⁠43.⁠The State should promote public health as well as the assistance of mothers and infants.

The State must prevent and suppress epidemics for people free of charge.

Section⁠44.⁠The provisions of this chapter are intended to be a guideline for the enactment of laws and the handling of public services in accordance with the designated policy, and do not give rise to the right to file a proceeding against the State."

Section⁠5.⁠The stipulations of chapter 3 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be amended in the following manners:

(1)⁠the figure of chapter 3 shall be modified to be 4;

(2)⁠section 18, section 21, section 33, section 34, section 39, and section 41 shall be repealed;

(3)⁠the figures of section 16 to section 17 shall be modified to be 44 to 46, respectively;

(4)⁠the figures of section 19 to section 20 shall be modified to be 48 to 49, respectively;

(5)⁠the figures of section 22 to section 32 shall modified to be 51 to 61, respectively;

(6)⁠the figures of section 35 to section 36 shall modified to be 65 to 66, respectively;

(7)⁠the figure of section 37 shall modified to be 68;

(8)⁠the figure of section 38 shall modified to be 71;

(9)⁠the figure of section 40 shall modified to be 74;

(10)⁠the figures of section 42 to section 45 shall modified to be 77 to 80, respectively;

(11)⁠the following sections shall be inserted as section 47, section 50, section 62 to section 64, section 67, section 69 to section 70, section 72 to section 73, and section 75 to section 76:

"Section⁠47.⁠Members of the House of People's Representatives shall be in their positions for five years at a time. If positions of Members become vacant for any other reason than retirement by rotation, [new] Members shall be elected to fill all the vacant positions, but if^[25] the Members thus admitted to [the House] for the purpose of replacement shall remain in the positions only for a period equivalent to the time limit governing the persons replaced by them."

"Section⁠50.⁠A membership in the House of People's Representatives terminates upon—

(1)⁠retirement by rotation or dissolution of the House;

(2)⁠death;

(3)⁠resignation;

(4)⁠lack of a qualification or attack by a disqualification for an electoral candidate as provided in the law on elections of Members of the House of People's Representatives;

(5)⁠a ruling of the House of People's Representatives removing him from his position after he is found to behave in such a way which brings about impairment^[26] to the House; the resolution on this point must be adopted by a vote of not less than two thirds of the number of the Members attending the meeting.

[In] giving a decisive ruling on (4), the Supreme Court of Justice shall follow the procedure designated by the law. However, the decision of the Supreme Court of Justice does not affect the performance by such Member of the duties in the House before the decision is given."

"Section⁠62.⁠In the course of a session, no Member of the House of People's Representatives shall be arrested, detained, or summoned for inquiry as an alleged offender in a criminal case,^[27] save where permission of the House has been obtained or where [the Member] is arrested whilst committing an offence.

In the event that a Member is arrested whilst committing an offence, a report shall be made to the President of the House urgently, and the President of the House may order the arrestee to be released from detention."

"Section⁠63.⁠In the event that a criminal case is proceeded against a Member of the House of People's Representatives, whether or not during a session [of the House], the court shall not try such case during a session [of the House], save where it has obtained permission of the House. Nevertheless, the trial of the case must not obstruct the Member from attending a meeting of the House.

The trial which the court has executed before there is a claim that the defendant is a Member [of the House] does remain valid.

"Section⁠64.⁠If a Member of the House of People's Representatives has been detained pending inquiry or trial since before a session [of the House], the inquiry official or court, as the case may be, must immediately order his release if the House requests it upon arrival of the session.

The release order according to the stipulations of the previous paragraph shall take effect as from the day of the release until the last day of the session."

"Section⁠67.⁠No act shall be enacted as a law with retroactive effect to criminally punish a person or to impose upon a person a heavier punishment than the punishment designated by the law in application at the time of committing the offence."

"Section⁠69.⁠State money shall only be spent upon that which has been permitted by the law on budget, except in an event of urgent necessity, [in which the money] may be spent first, but this must be in accordance with the criteria and procedure provided by the law. In such an event, approbation of the House of People's Representatives must be sought at the earliest opportunity possible.

The expression of the approbation by the House shall be made in the form of a specific act or included in an act on transfer of budget money, or act on additional budget, or act on the budget of the next year."

"Section⁠70.⁠In a special event where it is appropriate to have schemes in continuation to each other in the matters of the public services of the State relating to public utility and it is necessary to spend state money for a period over one year, an act may be enacted with effect binding annual budgets, but the said period must not be more than five years."

"Section⁠72.⁠Any bill which the Monarch has disapproved and given back to the House of People's Representatives or which He has not given back within sixty days must be rediscussed by the House. If the House passes the same resolution affirming [the bill] with a vote of more than half of the total number of the Members of the House, the Prime Minister shall bring and present the bill before [the Monarch] once again. When the Monarch fails to sign it and give it back within thirty days, the bill shall be published in the Government Gazette and become applicable as a law as if having been signed by the Monarch."

"Section⁠73.⁠Bills shall only be introduced by the Council of Ministers or Members of the House of People's Representatives. However, money bills shall be introduced by Members [of the House] only upon confirmation by the Prime Minister.

A money bill refers to a bill which deals with all of or at least one of the following subjects, namely, the establishment, or repeal, or reduction, or alteration, or remission, or regulation of a tax or duty, the appropriation, or receipt, or custody, or spending of state money, or the raising, or guarantee, or repayment of a loan; or [refers to] a bill on currency.

In the event of doubt, it shall be the power of the President of the House to rule as to whether or not any bill is a money bill."

"Section⁠75.⁠Members of the House of People's Representatives not less than one fifth of the total number of the Members have the right to subscribe and introduce a motion for opening a general debate in the House in order to have the Council of Ministers state facts or express opinions on problems relating to the handling of the public services of the State.

Such motion as said in the previous paragraph shall be filed with the President of the House and the President of the House shall inform the Prime Minister [thereof] in order to schedule the general debate, which must not be later than thirty days reckoned from the day the Prime Minister receives the information. However, the Council of Ministers does have the right to apply for stopping^[28] such general debate when it finds that it deals with the matters which should not yet be disclosed as they relate to the safety or important benefit of the State.

At the general debate opened in accordance with this section, the House shall pass no resolution upon the problems debated."

"Section⁠76.⁠Members of the House of People's Representatives not less than one third of the total number of the Members have right to subscribe and introduce a motion for opening a general debate in order to pass a resolution of no confidence upon the Ministers individually or collectively.

When the general debate in the House has terminated not because of a resolution to pass over the agenda of the debate so opened, the House of People's Representatives shall pass a resolution of confidence or no confidence. However, the resolution in this event shall not be passed on the same day as the day of termination of the debate."

Section⁠6.⁠The stipulations of chapter 4 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be amended in the following manners:

(1)⁠the figure of chapter 4 shall be modified to be 5;

(2)⁠section 46 to section 47, section 51 to section 54, and section 57 shall be repealed;

(3)⁠the figures of section 48 to section 50 shall be modified to be 82 to 84, respectively;

(4)⁠the figure of section 55 shall be modified to be 93;

(5)⁠the figure of section 56 shall be modified to be 95;

(6)⁠the following sections shall be inserted as section 81, section 85 to section 92, section 94, and section 96 to section 98:

"Section⁠81.⁠The Monarch establishes a Council of Ministers composed of one Prime Minister and other Ministers [numbering] fourteen at least, twenty-eight at most.

In appointing the Prime Minister, the President of the House of People's Representatives shall give a countersignature.

The Council of Ministers shall have the duty to handle the public services of the State."

"Section⁠85.⁠If there is a problem relating to the handling of the public services of the State, regarding which the Council of Ministers finds it appropriate to hear opinions of Members of the House of People's Representatives, the Prime Minister may inform the President of the National Legislative Assembly thereof with an application for opening a general debate at a meeting of the House. In such an event, the House shall not pass a resolution upon the problem debated.

"Section⁠86.⁠In the course of handling the public services of the State after having received confidence from the House of People's Representatives, the Council of Ministers may apply to the House for reaffirming the confidence if there is a circumstance for which the Council of Ministers finds it appropriate [to do so]."

"Section⁠87.⁠The Ministers must collectively retire from their positions when the House of People's Representatives passes a resolution of no confidence upon them collectively, or when the House of People's Representatives which gave confidence to them at the time of their assumption of duties terminates, or when the ministership of the Prime Minister terminates. In these three events, the retired Council of Ministers must remain in position in order to continue carrying out activities until a Council of Ministers established anew assumes its duties.

Apart from this, a ministership terminates individually upon—

(1)⁠death;

(2)⁠resignation;

(3)⁠lack of a qualification or attack by a disqualification for an electoral candidate as provided in the law on elections of Members of the House of People's Representatives;

(4)⁠a resolution of no confidence passed by the House of People's Representatives."

"Section⁠88.⁠In case of emergency in which it is urgently necessary to maintain the public safety or avert a public disaster and it is unable to convene the House of People's Representatives in good time, or when such an event occurs during dissolution of the House, the Monarch may enact an emergency decree to be applied as an act.

At the next meeting of the House, the emergency decree shall be introduced to the House without delay. If approbated by the House, the emergency decree shall continue to be an act. If reprobated by the House, the emergency decree shall lapse; however, this does not affect the affairs which took place during the application of such emergency decree.

The expression of the approbation and reprobation shall be made as an act."

"Section⁠89.⁠In the course of a session, if it is necessary to have a law relating to taxation or currency which must be considered urgently and secretly for the maintenance of the benefit of the State, the Monarch may enact an emergency decree to be applied as an act.

The emergency decree enacted in accordance with the stipulations of the previous paragraph must be introduced to the House of People's Representatives within two days reckoned from the day of its publication in the Government Gazette, and the stipulations of section 88, paragraph 2 and paragraph 3, shall apply mutatis mutandis."

"Section⁠90.⁠The Monarch wields the prerogative to promulgate the martial law, according to the characteristics and procedure under the law on martial law.^[29]

In the event of necessity to urgently promulgate the martial law in specific localities, military authorities are able to do so according to the law on martial law."

"Section⁠91.⁠The Monarch wields the prerogative to announce war when He has received the approval of the House of People's Representatives and [when] it is not contrary to the Charter of the United Nations. The resolution of the House of People's Representatives to express its consent must be adopted by a vote of not less than two thirds of the total number of the Members."

"Section⁠92.⁠⁠The Monarch wields the prerogative to conclude written agreements^[30] of peace or pacification of war and conclude other written agreements with all countries.

Any written agreement which provides for a change in the Thai territory or requires the issuance of an act for its implementation must obtain approval of the House of People's Representatives."

"Section⁠94.⁠⁠The Monarch wields the prerogative to remove estates^[31] and recall royal decorations."

"Section⁠96.⁠⁠The Monarch appoints and removes military and civil public servants [to and from] the positions of permanent secretaries, directors general, and equivalents."

"Section⁠97.⁠Designation of qualifications of, instatement of, appointment of, removal of, and infliction of punishments upon public servants shall be in accordance with the provisions of law."

"Section⁠98.⁠Subject to section 17, section 61, and section 71, legal provisions, royal autographs,^[32] and royal commands of any kind, which relate to the public services of the State, must be countersigned by a Minister."

Section⁠7.⁠The stipulations of chapter 5 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be amended in the following manners:

(1)⁠the figure of chapter 5 shall be modified to be 6;

(2)⁠the figures of section 58 to section 59 shall be modified to be 99 to 100, respectively;

(3)⁠the figure of section 60 shall be modified to be 103;

(4)⁠the following sections shall be inserted as section 101, section 102, section 104, and section 105:

"Section⁠101.⁠No new court shall be established for specifically trying and adjudicating upon any case or charge in lieu of a normal court brought into existence by the law for the trial and adjudication of such case."

"Section⁠102.⁠No law shall be enacted to result in the change of or an amendment to the law on the charter of the courts or [on] procedure in order to be specifically applied to any case."

"Section⁠104.⁠The Monarch appoints, transfers, and removes judges."

"Section⁠105.⁠Appointment, transfer, and removal of judges require the approval of the Judicial Commission under the law on rules of judicial public servants before submissions therefor are made to [the Monarch].

Promotion of positions and promotion of monthly salaries of judges require the approval of the Judicial Commission under the law on rules of judicial public servants."

Section⁠8.⁠The following stipulations shall be inserted in the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, as chapter 7 and section 106 to section 110:

"Chapter 7
Constitutional Tribunal

Section⁠106.⁠The Constitutional Tribunal is composed of the President of the Supreme Court of Justice, the Chief Judge of the Court of Appeal, the Director General of the Public Prosecution Department, and three other persons appointed by the House of People's Representatives from competent persons.

The President of the Supreme Court of Justice is the President of the Constitutional Tribunal.

Section⁠107.⁠The Constitutional Tribunal has the duties as provided in this Constitution.

The procedure of the Constitutional Tribunal shall be in accordance with the law thereon.

Section⁠108.⁠Upon every general election, the House of People's Representatives shall newly appoint the Members of the Constitutional Tribunal from competent persons within thirty days reckoned from the day of opening the first session of the House.

The limit of days as said in the previous paragraph shall refer to the days during a session.

In appointing a Member of the Constitutional Tribunal according to the stipulation of the first paragraph, the House may appoint a person who has vacated a position [of Member of the Constitutional Tribunal] as a Member of the Constitutional Tribunal again.

Section⁠109.⁠A Member of the Constitutional Tribunal appointed by the House of People's Representatives vacates his position upon—

(1)⁠the opening of the first session of the House of People's Representatives after a general election;

(2)⁠death;

(3)⁠resignation;

(4)⁠lack of a qualification or attack by a disqualification for an electoral candidate as provided in the law on elections of Members of the House of People's Representatives;

(5)⁠being sentenced to imprisonment.

Section⁠110.⁠If a position of Member of the Constitutional Tribunal appointed by the House of People's Representatives becomes vacant for any other reason than the arrival of the time to retire due to the opening of the first session of the House after a general election, the House shall appoint a Member of the Constitutional Tribunal to fill [the vacancy] within a time limit of thirty days.

The limit of days as said in the previous paragraph shall refer to the days during a session."

Section⁠9.⁠The stipulations of the entire chapter 6 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be repealed, and the following stipulations shall be inserted as chapter 8 and section 111:

"Chapter 8
Constitutional amendment

Section⁠111.⁠This Constitution shall only be amended in accordance with the following conditions:

(1)⁠a motion for amendment must be from the Council of Ministers or from Members of the House of People's Representatives [numbering] not less than one fourth of the total number of the Members;

(2)⁠the House of People's Representatives shall consider this motion for constitutional amendment in three readings;

(3)⁠at the first reading, the stage of adoption of principle, the voting shall be conducted by means of roll call, and the amendment must be approved by a vote of not less than two thirds of the total number of the Members;

(4)⁠at the second reading, the stage of section-by-section consideration, the voting shall adhere to the majority of votes as the rule;

(5)⁠upon finish of the consideration at the second reading, [the motion] shall be put off for fifteen days; upon elapse of this [time] limit, the House of People's Representatives shall further conduct the consideration at the third reading;

(6)⁠at the third reading, the final stage, the voting shall be conducted by means of roll call, and the issuance of the constitutional amendment must be approved by a vote of not less than two thirds of the total number of the Members;

(7)⁠when the voting for passage of resolutions has taken place as said above, [the constitution amendment] shall then be brought and presented to [the Monarch] and the provisions of section 71 and section 72 shall apply mutatis mutandis."

Section⁠10.⁠The stipulations of chapter 7 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, shall be repealed, and the following stipulations shall be inserted as chapter 9, and transitory provisions, and section 112 to section 123:

"Chapter 9
Final provisions

Section⁠112.⁠Subject to section 114, if there is a problem on interpretation of the Constitution which is in the purview of the House of People's Representatives, it shall be the power of the House to make an interpretation and the interpretation of the House shall be deemed final.

In interpreting the Constitution according to the stipulations of the previous paragraph, the Members in attendance must not be less than half of the total number of the Members in order that a quorum be met.

Section⁠113.⁠[When] a provision of any law contains a matter which is inconsistent with or contrary to this Constitution, such provision is inapplicable.

Section⁠114.⁠When a court is to apply a legal provision to any case, if the court entertains an opinion that the legal provision falls under the provision of section 113, the court shall temporarily put off the trial and adjudication of such case and shall, by official means, send the said opinion to the Constitutional Tribunal for consideration and ruling.

The ruling of the Constitutional Tribunal shall be deemed final and applicable to all cases, but it does not affect the court judgments which have already become final.

The ruling of the Constitutional Tribunal shall be published in the Government Gazette.

Transitory provisions

Section⁠115.⁠Subject to section 116, in the initial period, the House of People's Representatives shall, during the period of ten years reckoned from the day of coming into force of this Constitution, be composed of two types of Members in equal numbers:

(1)⁠the 1st Type Members are those elected by the inhabitants in accordance with the provisions of section 45 and section 46;

(2)⁠the 2nd Type Members are those already appointed by the Monarch on the day of coming into force of this Constitution.

Whilst the 1st Type Members have not yet assumed duties, the House of People's Representatives shall be composed of the 2nd Type Members for the time being.

Section⁠116.⁠Once this Constitution has been in force for five years, if the persons having the right to vote in any province, numbering more than half of the persons having the right to vote in such province, have received education to the point of having graduated from primary education [schools] according to the curriculum of the Ministry of Education, the 2nd Type Members in the number equal to the number of the Members of the House of People's Representatives elected for that province shall retire from their positions. The criteria and procedure on the retirement from positions shall be in accordance with the regulations which are to be enacted by the House of People's Representatives.

Whilst there are the 2nd Type Members according to this section, if positions of 2nd Type Members become vacant not as a result of the retirement according to the stipulations of the first paragraph, the Monarch shall appoint persons who have the qualifications and have not the disqualifications for candidates in elections of Members of the House of People's Representatives as 2nd Type Members in the number equal to those vacant positions.

In the event that 2nd Type Members are to retire from their positions according to the stipulations of the first paragraph, the Council of Ministers shall announce the number of the persons having the right to vote who have received education to the point of having graduated from primary education [schools] according to the curriculum of the Ministry of Education on the 1st day of January of every year.

Section⁠117.⁠In the event that 2nd Type Members have to retire from their positions according to section 116, 1st Type Members shall, by the 1st day of April, be additionally elected in the number equal to the number of the 2nd Type Members who have to retire from the positions, and the 2nd Type Members shall retire from the positions on the day the 1st Type Members assume duties.

Section⁠118.⁠Whilst there are 2nd Types Members, if the House is dissolved according to the stipulations of section 5, a new election shall only be held on the part of the 1st Type Members.

Section⁠119.⁠Subject to section 50(2), (3), (4), and (5) of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, the 2nd Type Members can remain in the positions throughout the time designated in section 115, but the House of People's Representatives shall not meet to carry out activities during its dissolution according to the stipulations of section 65.

Section⁠120.⁠Before there is a law on elections of Members of the House of People's Representatives in accordance with this Constitution, the provisions of the law on elections of Members of the House of People's Representatives in force on the day of coming into force of this Constitution shall apply.

Section⁠121.⁠The Council of Ministers incumbent on the day of coming into force of this Constitution shall, for the time being, remain in position to handle the public services of the State in accordance the policy which has been addressed to the House of People's Representatives, and shall vacate position when the 1st Type Members of the House of People's Representatives assume duties, and the stipulations of section 87 shall apply.

Section⁠122.⁠In the initial period, the House of People's Representatives shall finish appointing the Members of the Constitutional Tribunal according to section 106 within a limit of thirty days reckoned from the day the 1st Type Members assume duties.

Section⁠123.⁠Once the 2nd Type Members have ceased to exist, regular public servants must have retired from their positions first, before they can hold positions of Ministers or other political public servants."

Section⁠11.⁠If there are references to the provisions of any sections of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, of which the figures have been modified by this Constitution [Amendment], the references shall be deemed to be made to the provisions of the sections of which the figures have thus been modified.^[33]

Countersignatory:
Field Marshal P. Phibunsongkhram
Prime Minister

Notes

1. See also the note about this opening phrase.
2. The fourth month of the Thai lunar calendar, named after the Hindu month of Phagguṇa (in Pali) or Phālguna (in Sanskrit).
3. Referring to the zodiac sign of Dragon.
4. Saturday, named after the Hindu god Śani.
5. The month of March, known in Thai as Minakhom (Thai: มีนาคม), which literally translates as "Coming of the Fish (Pisces)".
6. The date and time for the monarch to sign the constitution was determined by a royal astrologer. See also this note.
7. The title of King Bhumibol Adulyadej.
8. Ananta Samakhom Throne Hall. See also the note about its etymology.
9. See also this note about the term lotus feet.
10. The title of King Prajadhipok, paternal uncle of King Bhumibol Adulyadej.
11. 1932 Common Era.
12. 1949 Common Era.
13. The military junta that staged a coup on 29 November 2494 BE (1951 CE).
14. The People's Party that overthrew the absolute monarchy of Siam on 24 June 2475 BE (1932 CE).
15. The military junta that staged out a coup on 8 November 2490 BE (1947 CE).
16. Originally, "modified to be the figures of section 5 to section 9".
17. See also the note about the term thanandonsak, here translated as "estate".
18. Kanfakfai (Thai: การฝักใฝ่), here translated as "attachment", is an abstract noun of fakfai (Thai: ฝักใฝ่), which the Royal Society of Thailand (2013) defines as "to pay one's attention to, to be attached to". Pallegoix (1896, p. 144) defines it as "to associate together, to give one's self up to, to apply one's self".
19. Literally, "public servants in the Divine Being".
20. See also the note about the term nai, here translated as "gist".
21. See also the note about the term latthiniyom, here translated as "ideology".
22. The phrase sitthi khong bukkhon nai khropkhrua (Thai: สิทธิของบุคคลในครอบครัว) literally translates "the right of a person in family" and can also be understood to mean "the right of a member of a family" because bukkhon nai khropkhrua ("person in family") can, especially in modern usage, mean a member of a family.
23. See also the note about the terms kot and khobangkhap, which are both translated as "regulation(s)".
24. Originally, "The education [at] the level [of] higher education"
25. The word tha (Thai: ถ้า; "if") here is apparently a typographical error.
26. Khwamsueamsia (Thai: ความเสื่อมเสีย) is an abstract noun of sueamsia (Thai: เสื่อมเสีย), which the Royal Society of Thailand (2013) defines as "to impair" or "impaired". In general, it is used of reputation, credit, or the like, as in the phrase sueamsia chuesiang (Thai: เสื่อมเสียชื่อเสียง; "to impair reputation").
27. Literally, "in the status of such Member being an alleged offender in a criminal case".
28. Ra-ngap (Thai: ระงับ), here translated as "to stop", is defined by the Royal Society of Thailand (2013) as "to repress, to pacify".
29. The law in force at that time was the Martial Law Act, 2457 BE (1914 CE).
30. See also the note about the term nangsue sanya, here translated as "written agreement".
31. See also the note about the term thanandonsak, here translated as "estate".
32. See also the note about the term phra ratcha hatthalekha, here translated as "royal autograph".
33. Literally, "All the various sections of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, which have already undergone the modification of the figures of sections according to this Constitution [Amendment], if [they] have referred to the provisions of any sections of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era Version, it shall be deemed that [they] refer to the provisions of the sections according to such new modification of figures of sections."

Bibliography

Original

• "Ratthathammanun Haeng Ratcha-anachak Thai Phutthasakkarat Song Phan Si Roi Chetsip Ha Kaekhaiphoemtoem Phutthasakkarat Song Phan Si Roi Kaosip Ha" [Amendment to the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, 2495 Buddhist Era]. (1952, 8 March). Ratchakitchanubeksa [Royal Thai Government Gazette], 69(15A Special), 1–40. (In Thai).

References

• Pallegoix, Jean-Baptiste (1896). Siamese French English Dictionary. Bangkok: Imprimerie de la Mission Catholique. 
• Royal Society of Thailand (2013). "Photchananukrom Chabap Ratchabandittayasathan Photo Song Phan Ha Roi Hasip Si" [Royal Institute Dictionary, 2554 BE]. Office of the Royal Society of Thailand (in Thai).