Translation:Constitution for Administration of the Kingdom, 2515 Buddhist Era
- Constitution
- Preamble
- Section
- Form of state
- Sovereign power
- Exercise of sovereign power
- Royal sacrosanctity
- Privy Council
- National Legislative Assembly (NLA): composition, functions
- NLA: presidency
- NLA: conduct of meetings
- NLA: Enactment of acts
- NLA: Enactment of new constitution
- NLA: Enactment of new constitution
- NLA: interpellation
- NLA: privilege, immunity
- Cabinet
- Emergency decrees
- Decrees
- Special power of prime minister
- Countersignatures for royal documents concerning public affairs
- Judicial independence
- Transitory functions of junta leader
- Coup legalisation
- Non liquet
- Problems of constitutionality
Volume 89, Issue 192
Royal Gazette
15 December 2515
Constitution for Administration of the Kingdom,
2515 Buddhist Era
Bhumibol Adulyadej R
Given on the 15th day of December 2515 BE
Being the 27th year 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 Revolutionary Council, headed by Field Marshal Thanom Kittikachorn, successfully seized the administrative power of the State on the 17th day of November 2514 BE, and the Head of the Revolutionary Council notified Him of the following: The Revolutionary Council announced the repeal of the Constitution of the Kingdom of Thailand, 2511 Buddhist Era, because of the desire to resolve the situations endangering the Nation, Monarchy, and People so that peace and order would be restored instantly, and to designate an administrative mechanism suiting the nature of the Country, the economic fundamentals, and the mind of the people. However, the resolving of the situations so as to restore peace and order and the designation of a suitable administrative mechanism would take time as may be required by the events, during which a constitution for the administration of the Kingdom suitable for the situations and the protection of the Country should be put into application for the time being; 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 promulgation of the constitution to be presented to Him in accordance with a resolution passed by the National Legislative Assembly:
Section1.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.
Section2.The sovereign power comes from all the Thais. The Monarch who is the Head [of State] exercises such power only by virtue of the provisions of this Constitution for Administration.
Section3.The Monarch exercises the legislative power through the National Legislative Assembly, exercises the executive power through the Cabinet, and exercises the judicial power through the courts.
Section4.The Monarch enjoys a sacred and inviolable status. In addition, no accusation or litigation can be filed against Him in any manner.
Section5.There shall be a Privy Council with [Members] numbering not more than nine. The appointment and removal from positions of the Privy Councillors shall be at the royal pleasure.
Section6.There shall be a National Legislative Assembly composed of Members numbering two hundred and ninety-nine, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth and of the age not less than full thirty-five years.
The memberships of the Members of the National Legislative Assembly last for a term of three years from the day of their appointment by the Monarch.
The Monarch wields the prerogative to appoint a Member who has retired by rotation as a Member again.
If a position of Member of the National Legislative Assembly becomes vacant for any other reason than retirement by rotation, the Monarch may appoint a person who has the qualifications under paragraph 1 as a replacing Member. In the event that He has made such appointment, the replacing Member can only be in the position until completion of the term of his predecessor.
Section7.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.
Section8.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 to establish a quorum.
Subject to sections 10 and 11, the National Legislative Assembly has the power to enact rules 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 introduction and consideration of bills, the consideration of the draft constitution, the introduction of motions, the conduct of debates, the passage of resolutions, the conduct of interpellation, the maintenance of law and order, and other affairs in the implementation of its powers and duties.
Section9.The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.
Bills can only be introduced by Members of the National Legislative Assembly or Cabinet. However, money bills—which refer to bills relating to all or any of the following subjects, namely, the establishment, repeal, reduction, alteration, remission, or regulation of a tax or duty, the appropriation of, receipt of, custody of, spending of, or creation of an obligation binding state money, the reduction of state revenue, or the raising, guarantee, or repayment of a loan; or bills on currency—can only be introduced by the Cabinet.
In the event of doubt as to whether or not a bill introduced by Members of the National Legislative Assembly is a money bill, it shall be the power of the President of the National Legislative Assembly to give a ruling.
Section10.The Cabinet introduces a draft constitution to the National Legislative Assembly.
The consideration of the draft constitution must be done in three readings. As regards the first and second readings, the rules of meeting of the National Legislative Assembly shall govern. As regards the third reading, it shall only be held after the second reading has passed for fifteen days.
At the third reading, the voting shall be conducted by means of roll call, and the promulgation of the constitution must be approved by a vote of not less than two thirds of the total number of the Members.
At the meeting according to the provisions of paragraph 3, the Members in attendance must not be less than three fourths of the total number of the Members in order to establish a quorum.
Once the National Legislative Assembly has passed a resolution of approval at the third reading, the President of the Assembly shall bring and present the draft to the Monarch for His signature promulgating it as a constitution.
In promulgating the constitution, the President of the Assembly shall give a countersignature.
Section11.In the event that the National Legislative Assembly resolves to disapprove the draft constitution at the first or third reading, the Cabinet shall introduce a new draft constitution within ninety days from the day of the passage of the resolution of disapproval by the National Legislative Assembly.
The provisions of section 10 shall apply to the consideration and promulgation of the draft constitution introduced by the Council of Ministers in accordance with paragraph 1.
Section12.At meetings of the National Legislative Assembly, every Member has the right to interpellate a Minister in respect of any matter which relates to the work under his duty, but the Minister has the right to withhold the answer when he finds that the matter should not yet be disclosed as it relates to the safety or important benefit of the State, or when he finds that the interpellation is prohibited by a rule. In conducting the interpellation, no Member shall conduct a debate in supplement to the interpellation or shall conduct additional interrogation.
Section13.At meetings of the House, 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. No one shall take it as a ground for filing a litigation or denunciation against him in any manner.
The privilege provided in paragraph 1 shall extend its protection to the members of the committees of the Assembly [and] those who print and publish meeting proceedings upon the order of the Assembly also.
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 whenever the President of the Assembly makes a request.
Section14.The Monarch appoints one Prime Minister and [appoints] Ministers in an appropriate number in accordance with the advice presented by the Prime Minister. They compose a Cabinet which has the duty to carry out the public administration of the State.
The Monarch wields the prerogative to remove a Minister from his position in accordance with the advice presented by the Prime Minister.
The Prime Minister and Ministers shall not be Members of the National Legislative Assembly at the same time.
The Prime Minister and Ministers have the right to attend and express explanations or opinions at meetings of the National Legislative Assembly, but they have no right to vote.
The Prime Minister has the power and duty to carry out and control the public administration of the State.
The Ministers have the powers and duties as designated by the law and as authorised by the Cabinet or Prime Minister.
The end of the membership of a Member of the National Legislative Assembly according to section 6 does not affect the public administration of the State by the Cabinet and the holding of positions of Prime Minister and Ministers.
Section15.When it is urgently necessary to maintain the security of the Kingdom or avert a public disaster, or when it is necessary to have a law relating to taxation or currency, the Monarch wields the prerogative to enact an emergency decree to be applied as an act.
Upon promulgation of an emergency decree, the Cabinet shall introduce the emergency decree to the National Legislative Assembly without delay. If approved by the National Legislative Assembly, the emergency decree shall continue to be in force as an act. If disapproved 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.
Approval or disapproval of an emergency decree shall be published in the Royal Gazette. In the event of disapproval, it shall take effect from the day of its publication in the Royal Gazette.
Section16.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.
Section17.In the event that the Prime Minister finds during the application of this Constitution for Administration that it is appropriate for the purpose of preventing, repressing, or suppressing an act of subverting the security of the Kingdom, royal throne, economy of the Country, or public affairs 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, irrespective of whether it occurs before or after the day of promulgation of this Constitution for Administration and whether it occurs inside or outside the Kingdom, the Prime Minister has the power to give any order or do any act upon a resolution of the Cabinet, and such order or act, 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 the provisions of paragraph 1, the Prime Minister shall notify the National Legislative 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.Before the Cabinet is established, the Head of the Revolutionary Council serves as the Cabinet and the Prime Minister.
Section21.As for all the announcements of the Revolutionary Council or orders of the Head of the Revolutionary Council which were made or given during [the time from] the Revolution on the 17th day of November 2514 BE to the promulgation of this Constitution for Administration, irrespective of whatever form they might take and whether they were made or given for producing legislative, executive, or judicial effect, those announcements or orders, as well as the observance of those announcements or orders, shall be deemed lawful.
Section22.Whenever no provision of this Constitution for Administration 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 the ruling of any case according to the provision of paragraph 1 occurs in the purview of the National Legislative Assembly, or occurs because the Cabinet applies to the Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.
Section23.In the event that there is a problem as to whether any act or observance is contrary, or repugnant, or unconformable to a provision of this Constitution for Administration, it shall be the National Legislative Assembly that gives a decisive ruling.
Field Marshal Thanom Kittikachorn
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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