Translation:Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 2), 2559 Buddhist Era
Volume 133, Issue 25A
Royal Gazette
22 March 2559
Amendment to
the Constitution of the Kingdom of Thailand
(Interim), 2557 Buddhist Era,
(No 2),
2559 Buddhist Era
Bhumibol Adulyadej R
Given on the 21st day of March 2559 BE
Being the 71st year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej commands that it be announced as follows:
Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era;
Therefore, He assents to the enactment of the following Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era:
Section1.This Constitution is called the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 2), 2559 Buddhist Era.
Section2.This Constitution shall come into force from the day following the day of its publication in the Royal Gazette onwards.
Section3.The provisions of section 39/1 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which have been amended by the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 1), 2558 Buddhist Era, shall be repealed and replaced by the following provisions:
“Once the Constitution Drafting Commission has finished preparing the draft constitution, it shall notify the Cabinet and the National Legislative Assembly thereof, and the Cabinet shall promptly notify the Election Commission thereof so as to organise the referendum according to this section. And the Constitution Drafting Commission shall prepare an explanation of the material points of the draft constitution by summarising them in a manner allowing the people to easily understand the important contents of the draft constitution, and send [the explanation] to the Election Commission within fifteen days from the day after the day the Cabinet is notified.”
Section4.The following provisions shall be inserted as paragraph 4, paragraph 5, paragraph 6, paragraph 7, paragraph 8, paragraph 9, paragraph 10, paragraph 11, and paragraph 12 of section 39/1 in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which has been amended by the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 1), 2558 Buddhist Era:
“It shall be the duty of the Election Commission to organise the referendum and announce the results of the referendum, and to have the draft constitution and the explanation of the material points of the draft constitution according to paragraph 3 printed for dissemination by whatever means which allows the people to easily and generally be informed thereof.
The criteria, procedure, and time limits for the organisation of the referendum, the qualifications and disqualifications of the persons having the right to vote in the referendum, the dissemination of the draft constitution and the explanation of the material points of the draft constitution, the casting of votes in the referendum, the counting of votes, the invalidity of ballots, and the announcement of the referendum results shall be as provided by the law.
The qualifications and disqualifications of the persons having the right to vote in the referendum must be close to the qualifications and disqualifications of the persons having the right to vote in the last election before the day of coming into force of this Constitution, save the age, [in respect of which] the persons aged not less than eighteen years on the day of the referendum shall be the persons having the rights to vote in the referendum.
The referendum shall be organised for voting as to whether approval or disapproval should be given to the draft constitution in its entirety and must be held on the same day throughout the Kingdom. In this respect, the National Legislative Assembly may resolve to introduce not more than one other issue for which the Election Commission should organise on the same occasion an additional referendum for approval or disapproval. However, this must be introduced within fifteen days from the day after the day [the Assembly] is notified by the Election Commission in accordance with paragraph 3. For this purpose, the National Legislative Assembly shall also take the opinions of the National Reform Assembly into consideration.
The Election Commission shall, by announcement, designate the day of the referendum, which must not be sooner than ninety days, but not later than one hundred and twenty days, from the day after the day the Constitution Drafting Committee sends the explanation of the material points of the draft constitution to the Election Commission in accordance with paragraph 3.
Subject to paragraph 12, in conducting the referendum according to this section, if the results of the referendum contain more votes of approval of the draft constitution than the votes of disapproval, the Prime Minister shall bring and present the draft constitution to [the Monarch] within thirty days from the day of announcement of the referendum results, and once [the Monarch] has signed it, it shall be published in the Royal Gazette and come into force, provided that it be also countersigned by the Prime Minister.
Before the Prime Minister brings and presents the draft constitution to [the Monarch] in accordance with paragraph 9, the Constitution Drafting Commission shall improve the preamble of the draft constitution for perfection and compliance with the results of the referendum.
In the event that the Monarch disapproves the draft constitution and gives it back, or when He fails to give it back within ninety days, the draft constitution shall lapse.
Section 39 shall also apply mutatis mutandis to the performance of duties by the Constitution Drafting Commission. And section 37/1 shall apply mutatis mutandis in the event that an additional issue is introduced by the National Legislative Assembly, but the majority of the votes of approval or disapproval shall be adhered to, for which no approval of the Cabinet shall be required and the powers and duties of the Constitution Drafting Committee shall become the powers and duties of the Constitution Drafting Commission.”
General Prayut Chan-o-cha
Prime Minister
Note: The reasons for the promulgation of this Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, are as follows: Whereas it is appropriate to make an amendment regarding the referendum on the draft constitution to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which has once been amended by the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No. 1), 2558 Buddhist Era, so that it become more suitable; it is therefore necessary to enact this Constitution.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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