Translation:Constitution of the Kingdom of Thailand, 2489 Buddhist Era
Table of contents
- Constitution
- Preamble
- General provisions
- Chapter 1 Monarch
- Chapter 2 Rights and duties of the Thai people
- Chapter 3 Legislative power
- Chapter 4 Executive power
- Chapter 5 Judicial power
- Chapter 6 Constitutional amendment
- Chapter 7 Final provisions
- Transitory provisions
- Announcement of election procedure
Issue 30Volume 63
Royal Gazette
10 May 2489
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Ananda Mahidol
Enacted on the 9th day of May 2489 Buddhist Era
Being the 13th year of the present reign
Let good happen! The time of the Buddhist religion has passed for 2,489 years! At this very moment, it is, in the lunar fashion, the 9th day of the waxing moon, the month of Visākha, the year of the Canine, or, under the solar calendar, the day of Jīva, the 9th solar day of the month of the Coming of Taurus. The time has thus been determined!
King Ananda Mahidol makes His appearance at the Ananta Samakhom Throne Hall amidst a full assembly of senior and junior members of the royal family, corps of diplomats representing various countries, House of Representatives Members, and military and civil royal officers, who, in unison and in sequence, are in attendance by the side of His lotus feet.
With His gracious pleasure, He orders that it be announced as follows: His Majesty King Maha Prajadhipok Mahantadechanadilok Ramathibodi Phra Pokklao Chaoyuhua granted His public servants and people a great opportunity to have a say and play a part in improving the Thai Country according to their right ideology for the prosperity of Hers in the future, by kindly conferring upon them on the 27th day of June 2475 Buddhist Era an interim Constitution for national administration, just for enabling the House of Representatives and the People’s Committee to organise the work of governance suiting the change. Later on, He, with His pleasure, ordered the House of Representatives to discuss together and further draft a Constitution of the Kingdom of Thailand which should stay stable as an eternal pillar of the process of governance in time to come. The House of Representatives thus established a Subcommittee to draw up a draft of such Constitution.
Once the Subcommittee had successfully and very well fulfilled His mandate and repaid His benevolence by composing the permanent Constitution and introducing it to the House of Representatives, the House of Representatives considered, discussed, and voted upon it and humbly presented advice to Him, who then reviewed it with care and meticulousness before bestowing upon all heads and pates a Great Royal Command directing that a Constitution of the Kingdom of Thailand be enacted and promulgated from the 10th day of December 2475 Buddhist Era onwards.
Later on, Nai Pridi Banomyong, who at that time held the position of Regent, exchanged remarks with Nai Khuang Aphaiwong, Prime Minister, saying that it had been fourteen years since the Great Monarch granted this Constitution of the Kingdom of Thailand to the Thais, and even though it was true that the democratic administration with this Constitution as the chief pillar had brought about to the Country prosperity in a great many forms and the people had well appreciated the benefit of this system of administration, the situations in the Nation had changed a good deal, and now came the time to terminate the transitory provisions existing in that Constitution and revise the Constitution of the Kingdom of Thailand. The Prime Minister then brought the matter to confer and consult with the Second-Type Members of the House of Representatives as well as the Party of the Promoters of the Request for the Granting of the Constitution. After they had discussed and agreed with each other, the ministry of Nai Khuang Aphaiwong introduced to the House of Representatives on the 19th day of July 2488 Buddhist Era a motion for establishing a Select Committee to consider, research, and investigate as to how the Constitution of the Kingdom of Thailand ought to be revised so as to make it suit the situations of the Country and make the democratic administration more perfectly successful.
The House of Representatives thus created a Select Committee to consider, research, and investigate about the Constitution as per the above suggestion. This Committee carried out its business throughout the tenures of the ministries of Nai Khuang Aphaiwong, Nai Thawi Bunyaket, and Momratchawong Seni Pramoj.
Later, the ministry of Momratchawong Seni Pramoj set up a Committee to collect opinions and draw up provisions to form a draft constitution. After this Committee had completely completed the draft, the Council of Ministers examined and edited it further before referring it to the Council of Regency. The Regents then held a meeting for conferring and consulting with the Second-Type Members of the House of Representatives and the Party of the Promoters of the Request for the Granting of the Constitution. The meeting established a Committee to consider the draft. Once the Committee had examined and edited the draft, the Second-Type Members of the House of Representatives introduced a motion for amending the Constitution of the Kingdom of Thailand to the House of Representatives. Having considered the motion and resolved to adopt its principle, the House of Representatives set up a Select Committee.
After the Select Committee of the House of Representatives finished examining and editing the provisions of the draft constitution and introduced it to the House of Representatives, the House of Representatives considered it completely and humbly presented it to His Majesty. Upon having reviewed it with care and meticulousness, He entertained the opinion that His people were highly versed in the administration of the State, capable of leading their own Nation along the walk towards the universal civilisation of the World with ease.
Therefore, by and with the advice and consent of the House of Representatives, He hereby bestows upon all heads and pates a Great Royal Command that the present Constitution of the Kingdom of Thailand be enacted, promulgated, and directed to come into force from the 10th day of May 2489 Buddhist Era onwards, and that this revised version of the Constitution be applied in place of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, the Constitution Amendment on the Name of the Country, 2482 Buddhist Era, the Constitution Amendment on Transitory Provisions, 2482 Buddhist Era, and the Constitution Amendment on Elections of Members of the House of Representatives, 2485 Buddhist Era.
May this Constitution of the Kingdom of Thailand be a sound and stable pillar endowed with excellent efficacy. May it be a wellspring of well-being, promising peace, and grandiose glory for the people in perpetuity. May it lead the Thai Country to the achievement of all the various types of thriving triumph, all the diverse favourable outcomes, and immense and immortal fame. May the people under His authority be unanimously united in preserving and observing this Constitution of the Kingdom of Thailand, in order that it should stay beside the State of Thailand, the Royal Land, till the end of the epoch, in accordance with His great royal wish. May all of this be true!
Section1.Thailand is one and unitary kingdom incapable of division.
The Thai people, regardless of their origins or religions, are equally under the protection of this Constitution.
Section2.The sovereign power derives from all the Thai people. The Monarch, who is the Head, exercises such power in accordance with the provisions of this Constitution only.
Section3.The person of the Monarch dwells in sacrosanctity, which shall no one violate.
Section4.The Monarch must be a devotee of the Buddha and is the supreme patron of religions.
Section5.The Monarch holds the position of Head of the Thai Armed Forces.
Section6.The Monarch exercises the legislative power through the National Assembly.
Section7.The Monarch exercises the executive power through the Council of Ministers.
Section8.The Monarch exercises the judicial power through the courts.
Section9.Succession to the throne shall be governed by the gist of the Palace Law on Succession, 2467 Buddhist Era, in conjunction with the approval of the National Assembly.
Section10.Whenever the Monarch is to not reside in the Kingdom or, for any reason, is to be unable to handle His royal burdens, He will, with the approval of the National Assembly, appoint to regency a single person or several persons collectively. If the Monarch has not appointed or is unable to appoint a Regent, the National Assembly shall discuss together and appoint any figure, and whilst no one is yet appointed by the National Assembly, three oldest Members of the Chamber of Elders shall compose a temporary Council of Regency.
Section11.In the event that the royal throne falls vacant and no Regent has been appointed in accordance with the dispositions of section 10, three oldest Members of the Chamber of Elders shall compose a temporary Council of Regency.
Section12.Persons are of equal status under the law. No title, whether obtained by birth, by appointment, or by any other means, shall give rise to any kind of privilege at all.
Section13.Persons have full freedom to profess any religion or ideology, and have freedom to perform rituals according to their own belief, when these are not adverse to the civic duties and are not contrary to peace and order or public morals.
Section14.Persons have full freedom of the person, abode, property, speech, writing, printing, publication, education, public assembly, formation of associations, formation of political parties, and occupation, subject to the provisions of law.
Section15.Persons have the right to petition, subject to the conditions and procedure provided by the law.
Section16.Persons have the duty to respect the law and have the duty to defend the Country and assist the public sector by means of paying taxes and others, subject to the conditions and according to the procedure provided by the law.
Section17.The National Assembly is composed of a Chamber of Elders and a Chamber of Deputies, whether in session separately or jointly.
Section18.All bills shall only be enacted into laws by and with the advice and consent of the National Assembly.
Section19.No act shall be enacted as a law to retroactively inflict a criminal punishment upon a person.
Section20.The Prime Minister shall bring and present a bill which the National Assembly has finished drawing up to the Monarch for His signature, and once it has been published in the Royal Gazette, it shall enter into operation as a law.
Section21.If the Monarch disagrees with such a bill and returns it to the National Assembly within one month from the day the Prime Minister brought and presented it to Him or He fails to return it to the National Assembly within such one month, the National Assembly must discuss it anew. If the National Assembly resolves to reaffirm it, the Prime Minister shall bring and present it to the Monarch once again. When the Monarch fails to sign it and return it within fifteen days, the bill shall be published in the Royal Gazette by the Prime Minister and enter into operation as a law.
Section22.All bills may be proposed by the Council of Ministers or by Members of the Chamber of Deputies.
Section23.No person shall be a Member of the Chamber of Elders and a Member of the Chamber of Deputies at the same time.
Section24.The Chamber of Elders is composed of Members who are eighty in number, elected by the people.
The Members of the Chamber of Elders must not be regular public servants.
Elections of Members of the Chamber of Elders shall be conducted by means of indirect and secret ballot.
Section25.The qualifications of electoral candidates and electors, as well as the electoral criteria and procedure, shall be governed by the law on elections of Members of the Chamber of Elders. However, at least the electoral candidates must not be younger than full forty years and must have had for not less than five years the academic standing not lower than a bachelor’s degree or an equivalent, or have once held a public position not lower than head of a division or an equivalent, or have once been Members of the Chamber of Deputies or Members of the House of People’s Representatives.
Section26.The memberships in the Chamber of Elders last for a period of six years each. Only in the initial period, one half of the Members shall, upon completion of a period of three years, be replaced by means of drawing lots, but the retired persons have the right to be elected back again.
If a membership falls vacant for any other reason than retirement by rotation, the National Assembly shall select a person having the qualifications according to the dispositions of section 25 as a replacing Member, subject to the procedure designated in the law on elections of Members of the Chamber of Elders. The Member admitted for such replacement shall only be in office for the time period of his predecessor.
Section27.A membership in the Chamber of Elders ends upon—
(1)retirement by rotation;
(2)death;
(3)resignation;
(4)lack of a qualification according to the law on elections of Members of the Chamber of Elders.
Section28.During dissolution of the Chamber of Deputies, no meeting of the Chamber of Elders shall be held.
Section29.The Chamber of Deputies is composed of Members elected by the people in accordance with the law on elections of Members of the Chamber of Deputies.
The Members of the Chamber of Deputies must not be regular public servants.
Elections of Members of the Chamber of Deputies shall be conducted by means of direct and secret ballot.
Section30.The qualifications of electors and electoral candidates, as well as the electoral criteria and procedure and the number of the Members, shall be governed by the law on elections of Members of the Chamber of Deputies.
Section31.Each Chamber of Deputies lasts for a term of four years.
If a membership falls vacant for any other reason than retirement upon expiry of the Chamber or dissolution of the Chamber, a replacing Member shall be elected within a period of ninety days, save where the remaining term of the Chamber is less than six months. The Member admitted for such replacement only remains in office for the time period of his predecessor.
Section32.The Monarch holds the royal prerogative to dissolve the Chamber of Deputies in order to enable the people to elect its Members anew. In the royal decree for dissolution of the Chamber, the election of new Members must be scheduled to be held within ninety days.
Dissolution of the Chamber of Deputies can only be done once for a single event.
Section33.A membership in the Chamber of Deputies ends upon—
(1)retirement upon expiry of the Chamber or dissolution of the Chamber;
(2)death;
(3)resignation;
(4)lack of a qualification according to the law on elections of Members of the Chamber of Deputies.
Section34.A Member of the Chamber of Deputies has the right to propose a motion, which is seconded by not less than twenty-four Members, for opening a general debate so as to pass a resolution of no confidence upon the Ministers individually or collectively. In such event, the resolution shall not be passed on the same day as the day of discussion.
Section35.Prior to assuming duties, Members of the Chamber of Elders and Members of the Chamber of Deputies must affirm at a meeting of the chamber to which they belong, that they will preserve and observe this Constitution.
Section36.The Members of the Chamber of Elders and the Members of the Chamber of Deputies represent all the Thai people without being subject to any mandate or commitment, and must perform their duties according to their own wholehearted opinion and for the common benefit of all the Thai people.
Section37.The Monarch appoints from amongst the Members of the Chamber of Elders and the Members of the Chamber of Deputies one as the President of either chamber and one or several as Vice Presidents of the same, according to a resolution of such chamber.
Section38.The President of the Chamber of Elders and the President of the Chamber of Deputies have the duty to conduct the affairs of their own chamber in accordance with its regulations. The Vice Presidents have the duty to execute affairs on behalf of their President whenever the President is absent or unable to perform duties.
Section39.Whenever the President and Vice Presidents of the Chamber of Elders or Chamber of Deputies are absent from a meeting, the Members of such chamber shall elect one amongst themselves to preside over that meeting.
Section40.At every meeting of the Chamber of Elders or Chamber of Deputies, the attendance of not less than one third of the total number of the Members is required for establishing a quorum.
Section41.The passage of a resolution to rule upon a discussed issue shall adhere to the majority of votes as the rule, save in the matters especially provided in this Constitution.
One Member has one vote in voting. If there is a tie in the number of votes, the president of the meeting shall be able to give one additional vote as a casting vote.
Section42.At meetings of either chamber, it is the absolute privilege of any Member 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 an action or accusation against such Member in any manner.
This privilege extends its protection to those who print and publish meeting proceedings by orders of either chamber, and also extends its protection to those who are invited by either chamber to state facts or express opinions at its meetings.
Section43.The sessions of the Chamber of Elders and of the Chamber of Deputies commence and end simultaneously.
Section44.In each year, both chambers have one or several sessions as may be designated by the Chamber of Deputies. The first meeting must be designated in such a manner that enables the Members to meet within thirty days from the election day. It shall be the Chamber of Deputies that designates the day of commencement of an annual session.
Section45.Each ordinary session lasts for a period of ninety days, but the Monarch may allow extension thereof.
Furthermore, during such period of ninety days, He may allow closure of the session.
Section46.The Monarch convenes the Chamber of Elders and the Chamber of Deputies according to their sessions. He opens and closes the sessions.
He may come to perform the ceremony of opening a session or may allow the Heir to the Throne who has already attained majority or any particular person to execute the ceremony on His behalf.
Section47.When it is necessary for the benefit of the State, the Monarch may convene an extraordinary session of both chambers.
Section48.Members of both the Chamber of Elders and the Chamber of Deputies, or Members of each chamber, whose number is not less than one third of the number of the Members of both chambers, have the right to subscribe a request that an application be made to the Monarch for convening an extraordinary session of the two chambers.
Such a request as said in the previous paragraph shall be filed with the chamber to the Members of which it belongs. If it belongs to the Members of both chambers, it shall be filed with the President of the chamber with the greater number of subscribing Members. If the numbers are equal, it shall be filed with the President of the Chamber of Elders.
The President of the chamber receiving the request shall make the application to the Monarch and countersign His royal command.
Section49.During a session, when anyone files a criminal charge against a Member of the Chamber of Elders or Member of the Chamber of Deputies, the court must obtain permission of the chamber to which the Member belongs before it can conduct a trial. However, such trial must not be conducted in such a manner that prevents the Member from attending a meeting.
The trial conducted by the court before the raising of a claim that the accused is a Member of any chamber remains valid.
Section50.During a session, no Member of the Chamber of Elders or Member of the Chamber of Deputies shall be arrested or summoned to be confined, save where he is arrested whilst committing an offence. Nevertheless, this must be promptly reported to the President of the chamber of which he is a Member and the President of such chamber may order the arrestee to be released from confinement.
Section51.If a Member of the Chamber of Elders or Chamber of Deputies has been confined pending inquiry or trial since before a session, the inquiry official or court, as the case may be, must order his release if the chamber of which he is a Member requests it upon arrival of the session.
The release order according to the dispositions of the previous paragraph shall be operative from the day of the release until the last day of the session.
Section52.A bill shall be proposed to the Chamber of Deputies first. Once the Chamber of Deputies has considered it and resolved it satisfactory, it shall be introduced to the Chamber of Elders. If the Chamber of Elders has considered it and passed a resolution approving it without amending it, it shall further be proceeded with in accordance with the dispositions of section 20.
If the Chamber of Elders passes a resolution of disapproval, the bill shall be returned to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with the Chamber of Elders, it shall then be deemed that the bill lapses.
If the Chamber of Elders passes a resolution that the bill be amended, the bill shall then be returned to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with the amendments made by the Chamber of Elders, it shall further be proceeded with in accordance with the dispositions of section 20.
If the Chamber of Deputies, by a vote of more than half of the total number of the Members, passes a resolution to reaffirm the bill which has been returned in accordance with the dispositions of paragraph 2 or 3, the bill shall then be deemed to have received the approval of the National Assembly and shall further be proceeded with in accordance with the dispositions of section 20.
Section53.A money bill may be proposed by the Council of Ministers or by Members of the National Assembly upon confirmation by the Prime Minister.
A money bill refers to a bill which deals with all of or at least one of the following subjects, namely, the establishment, repeal, reduction, alteration, remission, or regulation of a tax or duty; or deals with currency, the appropriation, receipt, custody, or spending of state money, or the raising, guarantee, or repayment of a loan.
In the event of doubt, it shall be the power of the President of the Chamber of Deputies to rule as to whether or not any bill is a money bill.
Section54.The Chamber of Elders must, within a period of thirty days, consider and pass a resolution upon a bill which has been resolved satisfactory by the Chamber of Deputies and has been proposed to the Chamber of Elders. But if such bill is a money bill, the Chamber of Elders must consider and pass a resolution upon it within a period of fifteen days.
The day period mentioned in the previous paragraph shall refer to the days during a session and shall be counted from the day the bill arrives at the Chamber of Elders.
If, within such a time period as said in paragraph 1, the Chamber of Elders fails to consider and pass a resolution upon a bill sent by the Chamber of Deputies, it shall then be deemed that the Chamber of Elders has approved the bill.
Section55.An annual budget of the State must be enacted as an act. If the act cannot be issued in time with the new year, the act for the previous year shall apply for the time being.
Section56.The Chamber of Elders and the Chamber of Deputies have the power to control the public affairs of the State in accordance with the provisions of this Constitution.
Section57.At meetings of the Chamber of Elders or Chamber of Deputies, 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.
Section58.The meetings of the Chamber of Elders and of the Chamber of Deputies are public, according to the modes designated in the rules of each chamber. But if the Council of Ministers or not less than twenty-five Members of each chamber request a secret meeting, a secret meeting shall then be held.
Section59.The Chamber of Elders and the Chamber of Deputies have the power to select their own Members to form standing committees and have the power to select the persons who are their Members or are not even their Members as select committees for executing any affairs or considering or inquiring into any matters which fall within their own purview and submitting reports to them. The said committees have the power to summon any persons to appear and give explanations or express opinions in relation to the affairs they are executing or considering.
The privilege provided in section 42 shall also extend its protection to the persons who execute the duties under this section.
Section60.At meetings of a committee under section 59, the attendance of not less than half of the number of its members is required for establishing a quorum.
Section61.The Chamber of Elders and the Chamber of Deputies have the power to establish rules regarding their meetings and discussions for execution of the provisions of this Constitution.
Section62.In the following events, the National Assembly shall meet jointly:
(1)the giving of approval to the succession to the throne, according to the dispositions of section 9;
(2)the appointment of a Regent, according to the dispositions of section 10;
(3)the rediscussion of a bill, according to the dispositions of section 21;
(4)the conduct of a by-election of a Member of the Chamber of Elders, according to the dispositions of section 26;
(5)the ceremony of opening a session of the National Assembly, according to the dispositions of section 46;
(6)the passage of a resolution of confidence upon a Council of Ministers, according to the dispositions of section 69;
(7)the giving of consent to the announcement of war, according to the dispositions of section 75;
(8)the giving of approval to a written agreement, according to the dispositions of section 76;
(9)the making of an amendment to the Constitution, according to the dispositions of section 85;
(10)the interpretation of the Constitution, according to the dispositions of section 92;
(11)the establishment of a Constitutional Tribunal, according to the dispositions of section 89.
Section63.The President of the Chamber of Elders shall be the president of the joint meetings of the National Assembly, and the President of the Chamber of Deputies, vice president.
Section64.At joint meetings of the National Assembly, the rules of the Chamber of Elders regarding meetings and discussions shall apply mutatis mutandis.
Section65.At joint meetings of the National Assembly, the provisions applicable to both chambers shall apply mutatis mutandis.
Section66.The Monarch establishes a Council of Ministers composed of one Prime Minister and other Ministers who are ten at least, eighteen at most.
In appointing a Prime Minister, the President of the Chamber of Elders and the President of the Chamber of Deputies give their countersignatures.
The Ministers must not be regular public servants.
Section67.The Council of Ministers shall have the power to handle the public affairs of the State.
Section68.The Ministers who are not Members have the right to attend and state facts or express opinions at the Chamber of Elders or Chamber of Deputies or joint meetings of the National Assembly, but they have no right to vote.
The privilege provided in section 42 shall apply mutatis mutandis.
Section69.In carrying out the policy on handling the public affairs of the State, the Council of Ministers must obtain confidence of the National Assembly.
A Minister who has been appointed to take charge of a ministry must be constitutionally responsible to the National Assembly for his own duties, and all the Ministers, whether or not having been appointed to take charge of ministries, must be jointly responsible for the general policy of the Council of Ministers.
Section70.The Ministers must collectively retire from their positions upon the passage by the Chamber of Deputies of a resolution of no confidence on them collectively in accordance with section 42 or the refusal by the National Assembly to give confidence in accordance with section 77, or upon the end of the Chamber of Deputies which took part in giving confidence to them at the time of their assumption of duties. In the said events, and in the event that the Council of Ministers resigns of its own accord, the retired Council of Ministers must remain in office to continue working until a new Council of Ministers is established.
Section71.A ministership individually ends upon—
(1)death;
(2)resignation;
(3)lack of the qualification according to the disposition of section 27(4) or 33(4);
(4)a resolution of no confidence passed by the Chamber of Deputies.
Section72.In case of emergency in which it is urgently necessary to maintain public safety or avert a public disaster and it is unable to convene the National Assembly in good time, or when such an event occurs during dissolution of the Chamber of Deputies, the Monarch may enact an emergency decree to be applied as an act.
At the next meeting of the National Assembly, the emergency decree shall be introduced to the National Assembly. If approved by the National Assembly, the emergency decree continues to be an act. If disapproved by the National Assembly, the emergency decree lapses; however, this does not affect the affairs which took place whilst such emergency decree was in operation.
The expression of the approval and disapproval shall be made as an act.
Section73.During a session, if the Council of Ministers finds that any taxation or money bill needs to be considered urgently and secretly for maintenance of the benefit of the State, it may advise the Monarch to enact the bill as an emergency decree to be applied as an act.
The emergency decree enacted in accordance with the dispositions of the previous paragraph must be introduced to the National Assembly within two days from the day of its promulgation, and the dispositions of paragraphs 2 and 3 of section 72 shall apply mutatis mutandis.
Section74.The Monarch holds the royal prerogative to promulgate martial law, according to the modes and procedure under the law on martial law.
Section75.The Monarch holds the royal prerogative to announce war upon receipt of the consent of the National Assembly.
The resolution of the National Assembly to give the consent must obtain a vote of not less than two thirds of the number of the Members of both chambers.
Section76.The Monarch holds the royal prerogative to conclude written agreements of peace or armistice and conclude other written agreements with foreign countries.
Any written agreement which provides for a change in the territory of Thailand or requires the issuance of an act for its implementation must obtain approval of the National Assembly.
Section77.The Monarch holds the royal prerogative to grant pardon.
Section78.The Monarch holds the royal prerogative to enact royal decrees which are not contrary to the law.
Section79.Subject to sections 48 and 66, legal provisions, royal rescripts, and royal commands of any kind, which relate to the public affairs of the State, must be countersigned by a Minister as the person responsible therefor.
Section80.Trial and adjudication of cases are the exclusive power of the courts, which must be carried out in accordance with the law and in the name of the Monarch.
Section81.All courts can only be established by acts.
Section82.No new court shall be established for specifically trying and adjudicating upon any case or charge instead of a normal court brought into existence by the law for trial and adjudication thereof.
Section83.Judges are independent in trying and adjudicating upon cases in accordance with the law.
Section84.Appointment, promotion of positions, promotion of monthly salaries, transfer, and removal of judges require the approval of the Judicial Commission under the law on regulation of judicial public servants.
Section85.This Constitution shall only be amended in accordance with the following conditions:
(1)a motion for amendment must be from the Council of Ministers or from Members of the Chamber of Deputies numbering not less than one fourth of the total number of the Members;
(2)the National Assembly shall jointly consider this motion for constitutional amendment in three readings;
(3)at the first reading, the stage of adoption of principle, the voting shall be conducted by means of roll call, and the amendment must be approved by a vote of not less than two thirds of the number of the Members of both chambers;
(4)at the second reading, the stage of section-by-section consideration, where there are proposals to amend the motion or there are amendments made by committees, the voting shall adhere to the majority of votes as the rule;
(5)upon finish of the consideration at the second reading, the motion shall be set aside for fifteen days, upon expiry of which shall it be introduced to the National Assembly for further consideration at the third reading;
(6)at the third reading, the final stage, the voting shall be conducted by means of roll call, and the issuance of the constitutional amendment as a law must be approved by a vote of not less than two thirds of the number of the Members of both chambers;
(7)once resolutions have been passed in accordance with the above-said, the matter shall then be proceeded with in accordance with the dispositions of section 20.
Section86.Subject to section 88, the National Assembly holds the absolute right to interpret this Constitution.
A resolution for interpreting this Constitution must obtain a vote of not less than half of the number of the Members of both chambers.
Section87.Any provision of a law which contains a matter inconsistent with or contrary to this Constitution is inapplicable.
Section88.When a court is to apply a legal provision to any case, if the court entertains an opinion that the legal provision falls under the provision of section 87, the court shall temporarily halt the trial and adjudication of such case and shall, by official means, report the said opinion to the Constitutional Tribunal for consideration and ruling. Once the Constitutional Tribunal has considered and ruled upon it, it shall notify the court thereof.
The ruling of the Constitutional Tribunal shall be deemed final, and the court shall comply therewith.
Section89.The Constitutional Tribunal is composed of the qualified persons appointed by the National Assembly, one as the Presiding Justice and fourteen others as Justices.
The Constitutional Tribunal shall be established anew every time an election of Members of the Chamber of Deputies is held as result of expiry or dissolution of the Chamber of Deputies.
The procedure of the Constitutional Tribunal shall be governed by the law thereon.
Section90.In the initial period, the Chamber of Elders is composed of the Members elected by the Organisation for the Election of Members of the Chamber of Elders within a period of fifteen days from the day of entry into operation of this Constitution.
The Organisation for the Election of Members of the Chamber of Elders is composed of the person who are Members of the House of Representatives on the last day before the entry into operation of this Constitution.
The persons having the right to apply for candidacies must have the same qualifications as the persons having the right to apply for candidacies in elections of Members of the House of Representatives according to the Amendment (No 3) to the Elections Act, 2475 Buddhist Era, 2479 Buddhist Era, with the prohibitions under section 11 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, being excluded. However, at least the persons applying for candidacies must not be regular public servants, must not be younger than thirty-five years, and must have had the academic standing not lower than a bachelor's degree or an equivalent for not less than five years, or have once held a public position not lower than chief of a division or an equivalent, or have once been Members of the House of Representatives.
The persons applying for candidacies shall, in person, file the applications with the Secretary General of the Organisation for the Election of Members of the Chamber of Elders within twelve days from the day of entry into operation of this Constitution.
The Organisation for the Election of Members of the Chamber of Elders shall designate the electoral procedure.
Section91.In the initial period, the Chamber of Deputies is composed of the Members elected by inhabitants in accordance with the Royal Decree for the Carrying Out of the Election of People’s Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era, and an additional number of Members of the Chamber of Deputies shall be elected using the numeric rule of one hundred thousand inhabitants per one Member of the Chamber of Deputies. If, in the area of any province, the number of inhabitants according to the latest census exceeds one hundred and thousand, that province shall be given an additional number of Members of the Chamber of Deputies, that is, one per every one hundred thousand inhabitants. The residue of one hundred thousand inhabitants shall, if reaching or exceeding the half thereof, be counted as one hundred thousand.
In observing the numeral rule governing Members of the Chamber of Deputies for the area of any province according to the previous paragraph, if the number of Members of the Chamber of Deputies in the area of such province would increase from the number of those already elected in accordance with the Royal Decree for the Carrying Out of the Election of People’s Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era, then the election shall be carried out for the increased number only.
In each province which has more than one Member of the Chamber of Deputies, the constituencies shall be divided in a manner allowing the numbers of inhabitants to be as closest as possible to each other.
The qualifications of electors and electoral candidates, as well as the criteria and procedure for the election, shall be governed by the Amendment (No 3) to the Elections Act, 2475 BE, 2479 Buddhist Era, with the prohibitions under section 11 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, being excluded.
Section92.The election of additional Members of the Chamber of Deputies according to the dispositions of section 91 shall be completely carried out within a period of ninety days from the day of entry into operation of this Constitution.
Section93.The term of the Chamber of Deputies shall start to be counted from the day of entry into operation of this Constitution, and it shall be deemed that, on the day of completion of fifteen days from the election day, the Chamber of Deputies has the full number of Members as additionally elected.
Section94.Before the Chamber of Deputies has the full number of Members as additionally elected, the National Assembly is composed of the Chamber of Elders according to the dispositions of section 90 and the Chamber of Deputies which is composed of the Members elected in accordance with the Royal Decree for the Carrying Out of the Election of People’s Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era.
Section95.The Council of Ministers which has been handling the public affairs of the State until before the day of entry into operation of this Constitution shall remain in office to continue carrying out activities until a new Council of Ministers is established.
Section96.If there is urgent necessity to maintain public safety or avert a public disaster during the time the Council of Ministers has to remain in office to continue carrying out activities in accordance with the dispositions of section 95, the Monarch may enact emergency decrees to be applied as acts.
The dispositions of paragraphs 2 and 3 of section 72 shall apply mutatis mutandis to the event mentioned in the previous paragraph.
Countersignature
Pridi Banomyong
Prime Minister
Announcement
of the Procedure for the Election of Members of the Chamber of Elders According to the Transitory Provisions of the Constitution of the Kingdom of Thailand, 2489 Buddhist Era
By virtue of the power under the dispositions of section 90 of the Constitution of the Kingdom of Thailand, 2489 Buddhist Era, the Organisation for the Election of Members of the Chamber of Elders designates the following procedure for the election of Members of the Chamber of Elders:
Article1.This Announcement shall be called the Announcement of the Procedure for the Election of Members of the Chamber of Elders According to the Transitory Provisions of the Constitution of the Kingdom of Thailand, 2489 Buddhist Era.
Article2.This Announcement shall enter into operation from the 10th day of May 2489.
Chapter 1
General provisions
Article3.An applicant for candidacy must file his application in person with the Secretary General of the Organisation for the Election of Members of the Chamber of Elders during the official hours within the 21th day of May 2489.
Article4.On the 24th day of May 2489, during the time from 9:00 hours to 16:00 hours, the election of Members of the Chamber of Elders shall be conducted in the venue provided therefor at the Ananta Samakhom Throne Hall, which is employed as the Secretariat General of the Organisation for the Election of Members of the Chamber of Elders.
Article5.If there are only eighty or fewer applicants for candidacy, those applicants shall be deemed to have already been elected by the Organisation for the Election of Members of the Chamber of Elders without having to conduct the voting.
Article6.The Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall provide convenience for and maintain peace and order during the election as he finds appropriate.
Article7.The President of the Organisation for the Election of Members of the Chamber of Elders shall be in charge of implementation of this Announcement and shall have the power to lay down regulations for control of voting and other affairs in the execution of the provisions of this Announcement.
Chapter 2
Application for candidacy
Article8.At the time of filing an application according to the dispositions of article 3, an applicant for candidacy must also deliver to the Secretary General of the Organisation for the Election of Members of the Chamber of Elders a sum of one hundred baht and six photographs of himself in the size of six inches, as well as the evidence showing his qualifications and academic standing according to the law.
Article9.When an applicant for candidacy has correctly filed an application, the Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall give an evidential order on that day that the application be accepted and shall issue a receipt to the person filing the application.
The form set up by the Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall be used as the application form.
Article10.The Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall make an inquiry as to whether or not an applicant for candidacy can apply for candidacy in accordance with this Announcement. If he can, his acceptance shall be posted up at the Secretariat General of the Organisation for the Election of Members of the Chamber of Elders. But if he cannot for any reason, he shall be notified thereof promptly and before the election day.
Article11.The Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall designate identification numbers for the applicants for candidacies in the order of the receipt of their applications.
Article12.If the Secretary General of Organisations for the Election of Members of the Chamber of Elders refuses to accept an application, the applicant for candidacy has the right to file a complaint with a five-person committee which has been established therefor by the Organisation for the Election. Once the committee of the Organisation for the Election has received the complaint, it shall rule as to whether or not the application should be accepted, and shall notify the Secretary General of the Organisation for the Election of Members of the Chamber of Elders of its order before the designated election day. The order of the commission shall be deemed final.
Chapter 3
Canvassing committee
Article13.The Organisation for the Election of Members of the Chamber of Elders shall establish a nine-person canvassing committee. After it has been established, a list of the names [of its members] shall be posted up at the Secretariat General of the Organisation for the Election. The canvassing committee shall be deemed to be empowered to act when there are five or more of its members.
Article14.Rulings of the canvassing committee on whatever affairs shall be based upon the majority of votes.
Chapter 4
Voting
Article15.The ballot boxes and ballots which are to be used in the voting shall be as provided by the Secretary General of the Organisation for the Election of Members of the Chamber of Elders.
Article16.When the voting is to be open, the canvassing committee shall open the ballot boxes for the eligible voters present at the election venue to see that the boxes are empty, and shall then close and lock the ballot boxes until the voting is finished.
Article17.During the hours the voting is open, no ballot box shall be opened, save where there is unavoidable necessity, in which case the canvassing committee shall be able to open it without taking any ballot out of it and shall then close it as before. In such an event as this, the canvassing committee shall carry out the act in the presence of the eligible voters present at the election venue and shall also produce a report recording the grounds for opening the ballot box.
Article18.On the election day, the eligible voters shall present themselves before the canvassing committee and sign a list of their names. After the canvassing committee has distributed ballots to them, the eligible voters shall then register their votes by means of crossing on the designated ballots the names of the candidates they find appropriate to be elected as Members of the Chamber of Elders.
Article19.When voting in the election, the eligible voters may exercise the right to vote according to the procedure under article 18 for not more than eighty names.
Article20.Each and every one of the eligible voters may only register one vote for a single candidate. Making several crosses on the name of any candidate on a ballot does not result in the candidate getting any additional score.
Article21.Any eligible voter who receives a ballot for voting and does not wish to vote for any candidate at all shall return the ballot to the canvassing committee and the canvassing committee shall record this on a name list.
Chapter 5
Canvassing and summing up of votes
Article22.On the election day, upon reaching the time of 9:00 hours, the canvassing committee shall announce open the voting.
Article23.Upon reaching the time of 16:00 hours, the canvassing committee shall announce close the voting and shall then open the ballot boxes for further counting the votes.
Article24.In counting the votes, the committee shall rule as to whether any ballot is invalid and shall note down the grounds therefor and keep the invalid ballots out to be gathered as a separate part.
Article25.The following ballots shall be deemed invalid, namely—
(1)forged ballots;
(2)ballots on which voters have crossed more than eighty names;
(3)ballots on which no cross has been made at all.
A ballot marked with a symbol other than that which has been designated or a symbol which is blurry or indistinct that no ruling can be made about it shall be deemed invalid only for the name in question.
Article26.The members of the canvassing committee shall affix their confirming signatures to the vote recording forms which have completely been used in the summing up of the votes.
Article27.After the voting has been closed, the canvassing committee shall count the votes in public. The counting of the votes shall not be adjourned or delayed. It must be done continuously until it is finished at a stretch.
Article28.Once the counting of the votes is finished, the canvassing committee shall promptly report the results of the counting and deliver the boxes containing the ballots, which are closed and locked, to the President of the Organisation for the Election of Members of the Chamber of Elders.
Article29.The Secretary General of the Organisation for the Election of Members of the Chamber of Elders shall announce the election results and report the results to the President of the Organisation for the Election so that they be reported further to the Chamber of Elders and the Government.
This announcement of the election results must promptly be posted up at the Secretariat General of the Organisation for the Election.
Article30.The candidates in the election who receive the highest scores in descending order up to eighty shall be deemed to be elected as Members of the Chamber of Elders. In the event that candidates receive equal scores, their names shall be ordered in accordance with the identification numbers they received when applying for candidacies, and in the event that candidates receive equal scores in the last order, the candidates receiving equal scores shall draw lots in the presence of the Secretary General of the Organisation for the Election of Members of the Chamber of Elders in order to decide which of them is elected.
The lot drawing method is as follows: The lots shall be in the same number as the persons receiving equal scores, amongst which the lots containing a text saying “elected” shall be in any wanted number and the remainder shall contain a text saying “not elected”. Whoever draws up a lot which states “elected” shall be elected as a Member of the Chamber of Elders.
Chapter 6
Challenge to the election
Article31.Any candidate who finds that any electee has been unduly elected has the right to file a request of challenge with the committee according to the dispositions of article 12 within a period of fifteen days from the election day.
Article32.Once the committee has received a challenge, it shall proceed to consider, inquire, and rule as to whether or not the challenged electee has been duly elected. If his election did not take place in a due manner, it shall order revoking his right as an elected Member of the Chamber of Elders.
Once the revocation has been ordered as said in paragraph 1, the elected persons whose scores are next to the eightieth shall respectively become electees instead. In the event that their scores are tied, the rules under article 30 shall apply mutatis mutandis.
Whilst the committee has not yet ordered otherwise, the challenged electee shall be deemed to have been duly elected.
Announced on the 10th day of May 2489 Buddhist Era
Naep Phahonyothin
President of the Organisation for
the Election of Members of the Chamber of Elders
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