Translation:Constitution for Administration of the Kingdom, 2534 Buddhist Era
- Constitution
- Preamble
- Section
- Form of state
- Sovereign power
- Exercise of sovereign power
- Royal sacrosanctity
- Privy Council
- National Legislative Assembly (NLA): functions
- NLA: composition
- NLA: vote to remove members
- NLA: presidency
- NLA: Constitution Drafting Committee (CDC)
- NLA: consideration of draft constitution prepared by CDC
- NLA: preparation of new draft constitution after disapproval by NLA
- NLA: preparation of new draft constitution after re-disapproval by NLA
- NLA: quorum
- NLA: privilege; immunity
- NLA: conduct of meetings
- NLA: enactment of acts
- National Peacekeeping Assembly (NPKA): composition
- NPKA: powers and duties
- NPKA: joint meeting for tackling governmental problems
- Cabinet: composition, functions
- Cabinet: removal from office
- Cabinet: countersignatures for appointment and removal
- Cabinet: qualifications, parliamentary rights
- Royal decrees
- Emergency decrees
- Special power
- Countersignatures for royal documents concerning public affairs
- Judicial independence
- Non liquet
- Problems of constitutionality
- Coup legalisation
- NPKA: transitory functions
Volume 108, Issue 40
Royal Gazette
1 March 2534
Constitution for Administration of the Kingdom,
2534 Buddhist Era
Bhumibol Adulyadej R
Given on the 1st day of March 2534 Buddhist Era
Being the 46th 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 Head of the National Peacekeeping Council, which successfully seized and took control of the administrative power of the State on the 23rd day of February 2534 BE, notified Him of the following: The National Peacekeeping Council announced the repeal of the Constitution of the Kingdom of Thailand, 2521 Buddhist Era, as well as its amendments, because of the desire to have a suitable constitution so that the administration of the Country proceed in a smooth manner, together with the intention to completely eliminate the fearful danger to the Nation and Monarchy, and to quickly restore order, and to as well designate an administrative mechanism which would allow the government of the Country to be efficacious and suitable with the nature of the Country, the economic fundamentals, and the society of the people in the Nation. However, the carrying out of the described enterprise would take a certain amount of time as may be required, for which reason a national administrative constitution suiting the ongoing situations 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 National Peacekeeping Council, He commands that the following provisions be applied as a Constitution for Administration of the Kingdom until the constitution to be drawn up under the provisions of this Constitution for Administration of the Kingdom is promulgated:
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 in accordance with 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 person of the Monarch enjoys a sacred and inviolable status. In addition, no accusation or litigation can be filed against Him in any manner.
Section5.The Monarch selects and appoints [from amongst] competent persons one as President of the Privy Council and not more than fourteen others as Privy Councillors, who compose a Privy Council.
The Privy Council has the duty to present the Monarch with opinions on all the royal works about which the Monarch seeks their counsel.
Selection and appointment of Privy Councillors, and removal of Privy Councillors from their positions, are at the royal pleasure.
Section6.There shall be a National Legislative Assembly having the duty to prepare a constitution and consider bills.
In preparing a constitution, the National Legislative Assembly shall have regard to a general election which shall take place within 2534 Buddhist Era.
Section7.The National Legislative Assembly is composed of Members numbering not less than two hundred but not more than three hundred, whom the Monarch appoints from amongst the persons of the Thai nationality upon notification by the President of the National Peacekeeping Assembly.
If a position of Member of the National Legislative Assembly becomes vacant, the Monarch may appoint a person of the qualification under paragraph 1 as a replacing Member.
The President of the National Peacekeeping Assembly countersigns the appointment of Members of the National Legislative Assembly.
Section8.In the event that any Member of the National Legislative Assembly commits an act which impairs the honour of being a Member of the National Legislative Assembly or behaves in such a way that obstructs the performance of duties by a Member of the National Legislative Assembly, Members of the National Legislative Assembly numbering not less than twenty have the right to file a request with the President of the National Legislative Assembly for removing him from his membership.
The resolution of the National Legislative Assembly removing a Member from his membership according to paragraph 1 must obtain a vote of not less than two thirds of the total number of the Members existing on the day of voting.
Section9.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.
The President of the National Peacekeeping Assembly countersigns the appointment of the President of the National Legislative Assembly and Vice Presidents of the National Legislative Assembly.
Section10.The National Legislative Assembly shall establish a Committee [with Members] numbering not more than twenty to discharge the duty of drafting a constitution and introducing it to the National Legislative Assembly.
The Committee under paragraph 1 may also be composed of persons who are not Members of the National Legislative Assembly.
Section11.Once the National Legislative Assembly has received a draft constitution from the Committee under section 10, it shall consider the draft constitution in three readings. The consideration at the first reading and second reading shall be in accordance with the rules of meetings of the National Legislative Assembly. As regards the third reading, it can only be held after the second reading has passed for fifteen days.
At the meeting for the third reading, the Members in attendance must, in order to establish a quorum, not be less than three fourths of the total number of the Members existing on the day of the meeting.
The voting at the third reading 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 existing on the day of voting.
Once the National Legislative Assembly has passed the resolution of approval at the third reading, the President of the National Legislative 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 National Legislative Assembly shall give a countersignature.
Section12.In considering the draft constitution at the third reading, if the vote of approval according to section 11, paragraph 3, cannot be obtained, the National Legislative Assembly shall draw up a new draft constitution and consider such draft constitution according to the provisions of this Constitution for Administration. However, if the drawing up and consideration of the said draft constitution would result in the inability to organise an election within 2534 Buddhist Era, the time limit for the organisation of the election shall be extended for one hundred and twenty days from the last day of 2534 Buddhist Era.
Section13.In considering a draft constitution newly prepared in accordance with section 12, if, at the first reading or third reading, the vote of approval according to section 11 cannot be obtained, the Members of the National Legislative Assembly shall all vacate their positions on the day the National Legislative Assembly voted for disapproval, and the National Peacekeeping Assembly shall hold a joint meeting with the Cabinet to consider and improve the draft constitution under section 10 or 12 or any of the previously promulgated constitutions of the Kingdom of Thailand, which must be finished within thirty days from the day the National Legislative Assembly voted for disapproval, before bringing and presenting [the improved draft] to the Monarch for His signature promulgating it as a constitution.
At the joint meeting according to paragraph 1, the President of the National Peacekeeping Assembly shall serve as the president of the meeting.
In implementing paragraph 1, regard shall be had to an election which has to be organised as soon as possible.
In promulgating a constitution in accordance with this section, the Prime Minister shall give a countersignature.
Section14.Subject to section 10, at meetings of the National Legislative Assembly, the Members in attendance must, in order to establish a quorum, not be less than one third of the total number of the Members existing on the meeting day.
Section15.At meetings of the National Legislative 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. No person shall take it as a ground for filing a litigation or denunciation against him in any manner.
The privilege provided in paragraph 1 shall also extend its protection to the members of the committees of the Assembly and the persons who print or publish meeting proceedings upon the order of the President of the National Legislative Assembly.
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 National Legislative Assembly makes a request.
Section16.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 consideration of a draft constitution, the consideration of bills, the introduction of motions which are not characteristic of a request for the Cabinet to give explanations or express opinions in any matters, the conduct of debates, the passage of resolutions, the maintenance of law and order, and other affairs in the implementation of its powers and duties.
Section17.The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.
Bills can only be introduced by the Cabinet.
Section18.There shall be a National Peacekeeping Assembly composed of the persons under the Announcement of the National Peacekeeping Council No 2 dated the 23rd day of February 2534 BE and the Announcement of the National Peacekeeping Council No 5 dated the 23rd day of February 2534 BE as Members.
The President of the National Peacekeeping Assembly may appoint not more than fifteen additional Members to the National Peacekeeping Assembly.
The Head of the National Peacekeeping Council shall become the President of the National Peacekeeping Assembly, one of the Deputy Heads of the National Peacekeeping Council as appointed by the National Peacekeeping Assembly shall become the Vice President of the National Peacekeeping Assembly, and the Secretary General of the National Peacekeeping Council shall become the Secretary General of the National Peacekeeping Assembly.
The National Peacekeeping Assembly shall appoint one or several persons, whether or not being Members of the National Peacekeeping Assembly, as Deputy Secretaries General of the National Peacekeeping Assembly.
In the event that the President of the National Peacekeeping Assembly is absent or unable to perform his duties, the Vice President of the National Peacekeeping Assembly shall serve as President of the National Peacekeeping Assembly, and in the event that the President of the National Peacekeeping Assembly and Vice President of the National Peacekeeping Assembly are absent or unable to perform their duties, the Members of the National Peacekeeping Assembly shall select one amongst themselves to serve as President of the National Peacekeeping Assembly.
Section19.The National Peacekeeping Assembly has the powers and duties to join the Cabinet in making the policy for the public administration of the State which the Cabinet shall address to the National Legislative Assembly, and to offer recommendations or opinions on any matters which it finds would be of benefit to the Cabinet in the public administration of the State, and has other powers and duties as provided in this Constitution for Administration.
When a joint meeting of the National Peacekeeping Assembly and Cabinet is held in accordance with the provisions of this Constitution for Administration, the President of the National Peacekeeping Assembly shall serve as the president of the meeting.
Section20.In the event that it is found appropriate, the President of the National Peacekeeping Assembly or Prime Minister may request a joint meeting of the National Peacekeeping Assembly and Cabinet in order to together consider and resolve any problem which relates to the public administration of the State.
Section21.The Monarch appoints one Prime Minister upon notification by the President of the National Peacekeeping Assembly and [appoints] Ministers in the number notified by the Prime Minister. They compose a Cabinet which has the duty to carry out the public administration of the State.
Section22.The Monarch wields the prerogative to remove the Prime Minister from his position according to the advice presented by the President of the National Peacekeeping Assembly, and remove a Minister from his position according to the advice presented by the Prime Minister.
Section23.The President of the National Peacekeeping Assembly countersigns the appointment of the Prime Minister or the removal of the Prime Minister from his position.
The Prime Minister countersigns the appointment of a Minister or the removal of a Minister from his position.
Section24.The Prime Minister and Ministers shall not be Members of the National Legislative Assembly at the same time and shall not hold any position in a private enterprise which carries out business for the making of profits.
The Prime Minister and Ministers have the right to attend meetings of the National Legislative Assembly in order to give an address on their policy and express explanations or opinions there, but they have no right to vote. In addition, the provisions of section 15, which relate to privileges, shall apply mutatis mutandis.
Section25.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.
Section26.In the event of emergency where it is urgently necessary to maintain national order or security, or public safety, or economic security of the Country, or to avert a public disaster, or when it is necessary to have a law relating to taxation or currency which requires urgent and secret consideration in order to maintain the benefits of the State, the Prime Minister, with the approval of the National Peacekeeping Assembly, may notify the Monarch 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.
Section27.In the event that the President of the National Peacekeeping Assembly or the Prime Minister finds it necessary for the purpose of preventing, repressing, or suppressing an act of subverting national order or security, the royal throne, the economy of the Country, or the 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 coming into force of this Constitution for Administration and whether it occurs inside or outside the Kingdom, the President of the National Peacekeeping Assembly or the Prime Minister, or the President of the National Peacekeeping Assembly and the Prime Minister, have the power to give any order or do any act with the approval of a joint meeting of the National Peacekeeping Assembly and the Prime Minister, and the order or act of the President of the National Peacekeeping Assembly or the Prime Minister, or the order or act jointly given or done by them, as well as the observance of the said order, shall be deemed lawful.
Once the President of the National Peacekeeping Assembly or the Prime Minister, or the President of the National Peacekeeping Assembly and the Prime Minister, have given any order or done any act in accordance with paragraph 1, a report shall be made to the President of the National Legislative Assembly to further be notified to the National Legislative Assembly.
Section28.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.
Section29.Judges and justices are independent in trying and adjudicating upon cases in accordance with the law.
Section30.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 to 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 National Legislative Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.
Section31.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.
Section32.As for all the acts, announcements, or orders of the Head of the National Peacekeeping Council or of the National Peacekeeping Council, which were done, made, or given before the day of coming into force of this Constitution for Administration and which relate to the seizure and taking control of the administrative power of the State on the 23rd day of February 2534 BE, irrespective of however they were done or whatever form they took and whether they were done, made, or given for producing legislative, executive, or judicial effect, those acts, announcements, or orders, as well as the acts of the persons who observe those announcements or orders and the acts of anyone which have been done in connection with the said seizure or taking control of the administrative power of the State, shall be deemed lawful.
Section33.Before the Cabinet is established, the President of the National Peacekeeping Assembly serves as the Prime Minister and the National Peacekeeping Assembly serves as the Cabinet.
General Sunthorn Kongsompong
Head of the National Peacekeeping Council
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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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