Translation:Charter for Administration of the Kingdom, 2515 Buddhist Era
Table of contents
- Charter
- 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
- Council of Ministers
- 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 89Issue 192
Royal Gazette
15 December 2515
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Charter 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
His Majesty King Maha Bhumibol Adulyadej Mahittalathibet-ramathibodi Chakkrinaruebodin Sayaminthrathirat Borommanatbophit is pleased to give a Great Royal Command that it be announced as follows:
Whereas a Revolutionary Party 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 Party notified His Majesty of the following: The Revolutionary Party announced the repeal of the Constitution of the Kingdom of Thailand, 2511 Buddhist Era, because it desired 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 circumstances, during which a charter 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 Party, His Majesty gives a Great Royal Command that the following provisions be applied as a Charter for Administration of the Kingdom until the constitution which is to be presented to Him in accordance with a resolution passed by the National Legislative Assembly is promulgated:
Section1.Thailand is one and unitary kingdom incapable of division.
A Monarch serves its Chief and holds the position of Head of the Thai Armed Forces.
Section2.The sovereign power derives from all the Thai people. The Monarch who is the Chief exercises such power in accordance with the provisions of this Charter for Administration only.
Section3.The Monarch exercises the legislative power through the National Legislative Assembly, exercises the executive power through the Council of Ministers, and exercises the judicial power through the courts.
Section4.The Monarch dwells in sacrosanctity, which shall no one violate. In addition, no accusation or litigation shall be filed against Him in any manner.
Section5.There shall be a Privy Council with not more than nine Members. The appointment of and vacation of positions by the Privy Councillors shall be at the royal pleasure.
Section6.There shall be a National Legislative Assembly composed of two hundred and ninety-nine Members who are appointed by the Monarch from amongst the persons of Thai nationality by birth and not younger than full thirty-five years of age.
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 retains the royal prerogative to appoint a Member who has retired by rotation as a Member again.
If a position of Member of the National Legislative Assembly falls 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 hold 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 a meeting of the National Legislative Assembly, the attendance of not less than one third of the total number of the Members is required for establishing 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 submission and consideration of bills, the consideration of the draft constitution, the submission of motions, the conduct of debates, the passage of resolutions, the conduct of interpellation, the maintenance of law and order, and other affairs for the execution 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 submitted by Members of the National Legislative Assembly or the Council of Ministers. 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 submitted by the Council of Ministers.
In the event of doubt as to whether or not a bill submitted 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 Council of Ministers submits 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 meetings 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 disposition of paragraph 3, the attendance of not less than three fourths of the total number of the Members is required for establishing 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 constitution 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 Council of Ministers shall submit a new draft constitution within ninety days from the day of the passage of the resolution of disapproval by the National Legislative Assembly.
The dispositions 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 a meeting of the National Legislative Assembly, every Member has the right to interpellate a Minister in respect of any matter relating 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 supplementary debate or additional interrogation.
Section13.At a meeting of the National Legislative Assembly, it is the absolute privilege for anyone 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.
The privilege provided in paragraph 1 shall extend its protection to the members of the committees of the Assembly and to those who print and publish meeting proceedings by orders of the Assembly also.
In the event that a Member of the National Legislative Assembly is in custody or detained or faces a charge in a criminal case, a release or stay of trial shall be ordered whenever the President of the Assembly requests it.
Section14.The Monarch appoints one Prime Minister and appoints Ministers in an appropriate number according to the advice presented by the Prime Minister. They compose a Council of Ministers which has the duty to administer the State.
The Monarch retains the royal prerogative to remove a Minister from his position according to 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 administration of the State.
The Ministers have the powers and duties as designated by the law and as assigned by the Council of Ministers or Prime Minister.
The end of the membership of a Member of the National Legislative Assembly according to section 6 does not affect the administration of the State by the Council of Ministers 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 retains the royal prerogative to enact an emergency decree to be applied as an act.
Upon promulgation of an emergency decree, the Council of Ministers shall submit 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 operation 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 operation 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 retains the royal 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 Charter 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 peace and order or good morals of the people, or an act of destroying resources of the Country or debasing the health of the people, regardless of whether it occurs before or after the day of promulgation of this Charter for Administration and whether it occurs inside or outside the Kingdom, the Prime Minister has the power to order or do anything upon a resolution of the Council of Ministers, and the thing so ordered or done, as well as the observance of the mentioned order, shall be deemed lawful.
Once the Prime Minister has ordered or done anything in accordance with the disposition 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 Council of Minister is established, the Head of the Revolutionary Party serves as the Council of Minister and the Prime Minister.
Section21.As for all the announcements of the Revolutionary Party or orders of the Head of the Revolutionary Party which were made or given during the period from the Revolution on the 17th day of November 2514 BE to the promulgation of this Charter for Administration, regardless 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.When no provision of this Charter 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 disposition of paragraph 1 occurs in the purview of the National Legislative Assembly, or occurs because the Council of Ministers 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, repugnant, or unconformable to a provision of this Charter for Administration, it shall be the National Legislative Assembly that gives a decisive ruling.
Countersignature
Field Marshal Thanom Kittikachorn
Head of the Revolutionary Party
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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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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