Translation:Constitution for Administration of the Kingdom, 2502 Buddhist Era
Volume 76, Issue 17
Royal Gazette
28 January 2502
Constitution for Administration of the Kingdom
Bhumibol Adulyadej R
Given on the 28th day of January 2502 BE
Being the 14th day of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkrinaruebodin Sayaminthrathirat Borommanatbophit commands that it be announced as follows:
Whereas the Head of the Revolutionary Council, who successfully seized the administrative power of the State on the 20th day of October 2501 BE, notified Him of the following: The Revolutionary Council announced the repeal of the Amendment to the ‘Constitution of the Kingdom of Thailand, 2475 Buddhist Era’, 2495 Buddhist Era, because of the desire to acquire a suitable constitution and to have the administration of the Country proceed in a more orderly manner than that under such constitution. In order to acquire such a constitution, it is appropriate to institute a Constitutional Drafting Assembly composed of competent members to draw it up for further promulgation. However, during the period of time before the constitution drawn up by the Constitution Drafting Assembly is obtained and promulgated, it is appropriate to put in place for the time being a constitution for the administration of the Kingdom which is suitable for the ongoing situations; [and whereas] He concurs therewith; therefore, in order to accomplish that which He has been notified of by the Head of the Revolutionary Council, He commands that the following provisions be applied as a Constitution for Administration of the Kingdom until the constitution to be drawn up by the Constitution Drafting Assembly is promulgated:
Section1.The sovereign power comes from all the Thais.
Section2.Thailand is a kingdom which is one and indivisible. A Monarch serves as the Head [of State] and holds the position of Head of the Thai Armed Forces.
Section3.The person of the Monarch enjoys a sacred and inviolable status.
Section4.There shall be a Privy Council with [Members] numbering not more than nine. The appointment and removal from positions of the Privy Councilors shall be at the royal pleasure.
Section5.The Monarch enacts acts for application by and with the advice and consent of the National Assembly.
The Cabinet exercises the executive power and the courts exercise the judicial power. All this shall be done in the name of the Monarch.
Section6.There shall be a Constitution Drafting Assembly which has the duty to draft a constitution and which shall, in the capacity of a National Assembly, discharge legislative duties also.
Section7.The Constitution Drafting Assembly is composed of two hundred and forty Members who are appointed by the Monarch.
In the event that a membership becomes vacant, [the Monarch] will appoint a replacement for such vacancy.
Section8.The Monarch appoints [from amongst] the Members of the Constitution Drafting 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.Subject to sections 10 and 11, the Constitution Drafting Assembly has the power to enact its rules of meetings and deliberations, which relate to the introduction of bills, the introduction of motions, the conduct of meetings, the conduct of discussions, and other affairs in the implementation of its powers and duties.
Section10.Once the Constitution Drafting Assembly has finished drafting a constitution, the Constitution Drafting Assembly shall meet as a National Assembly to consider whether or not such draft constitution should be presented to the Monarch for His signature promulgating it. At the said deliberative meetings, the Assembly cannot amend the draft constitution in any manner.
At the meetings according to the provisions of the previous paragraph, the Members in attendance must, in order to establish a quorum, not be less than three fourths of the number of the Members of the Assembly.
In promulgating the constitution, the President of the Assembly shall give a countersignature.
Section11.If, in adopting a resolution according to the provisions of section 10, the Constitution Drafting Assembly fails to obtain the vote of more than one half of its Members in favour of the presentation of the draft constitution to the Monarch for His signature, the Constitution Drafting Assembly shall consider drawing up a new draft constitution and further proceed with it in accordance with the provisions of this Constitution.
Section12.At meetings of the Constitution Drafting 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 litigation or denunciation against him in any manner.
Such protection as said in the previous paragraph shall also apply to those who print and publish meeting proceedings upon the order of the Assembly.
Section13.In the event that a Member of the Constitution Drafting 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 makes a request.
Section14.The Monarch appoints one Prime Minister and an appropriate number of Ministers, who compose a Cabinet which has the duty to carry out the public administration of the State.
The Prime Minister and Ministers shall not be Members of the Assembly.
The Prime Minister and Ministers have the right to attend and give explanations or express opinions at meetings of the Assembly, but they have no right to vote.
Section15.The Monarch wields the prerogative to remove Ministers from their positions.
Section16.Before the Cabinet is established, the Head of the Revolutionary Council performs the duties of the Cabinet and the Prime Minister.
Section17.In the event that the Prime Minister finds during the application of this Constitution that it is appropriate for the purpose of repressing or suppressing an act of subverting the security of the Kingdom or royal throne, or an act of subverting, disrupting, or threatening the peace, whether it occurs inside or comes from 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 it shall be deemed that such an order or act is lawful.
Once the Prime Minister has given any order or done any act in accordance with the provisions of the previous paragraph, 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 affairs 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.Whenever no provision of this Constitution 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 provision of the previous paragraph occurs in the purview of the Assembly or occurs because the Cabinet applies to the Assembly for a ruling, the Assembly shall give a decisive ruling.
Field Marshal Sarit Thanarat
Head of the Revolutionary Council
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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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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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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