Translation:Constitution of the Kingdom of Thailand (Interim), 2490 Buddhist Era
Table of contents
- Constitution
- Preamble
- General provisions
- Chapter 1 Monarch
- Chapter 2 Supreme Councillors of State
- Chapter 3 Rights and duties of the Thai people
- Chapter 4 Legislative power
- Chapter 5 Executive power
- Chapter 6 Judicial power
- Chapter 7 Constitutional amendment
- Chapter 8 Final provisions
- Transitory provisions
- Corrections
Issue 53Volume 64
Royal Gazette
9 November 2490
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Constitution of the Kingdom of Thailand
(Interim)
Enacted on the 9th day of November 2490 Buddhist Era
Rangsit Krommakhun Chainatnarenthon
Being the 2nd year of the present reign
His Majesty is pleased to give a Great Royal Command that it be announced as follows: The Constitution of the Kingdom of Thailand, which was enacted and put into operation as a law for administration of the Nation in 2475 BE and was subsequently modified and promulgated as a new edition in 2489 BE, is considered to be a constitution which suited the Nation in the times past.
Now, the Nation has fallen into a critical state and the private citizens are sustaining difficulty and adversity as a result of lack of food, lack of clothes, and shortage of various other things, including consumable goods of all kinds, of which the prices have risen much higher than before, leading to an unprecedented moral decline amongst the people. All those in charge of administering the State and the Assembly have been unable to fix the wicked and reinstate the former conditions. The actions undertaken by the Government and the control exercised by the National Assembly over the public affairs of the Executive with a view to helping each other in solving the situations for betterment according to the means designated in the mentioned constitution met with no success at all, to the disappointment of the people across the Country, and, on the contrary, it has been seen that all the solutions have successively caused deterioration to the Nation. If this is left at the mercy of fate, ruination would be brought about to the Nation without end to the extent that it would no longer be able to stay in the state which deserves the Thainess.
Most of the Thai people who have paid attention to these happenings, together with the military of the Nation, have jointly submitted to His Majesty a request that the application of the present constitution be terminated and a new constitution be promulgated, which would pave the way for the furtherance of the Nation for the sake of perpetual prosperity, and would also serve as a means to mitigate the state of calamity being undergone by the entire people and further restore the state of normalcy.
Therefore, He is graciously pleased to direct that the application of the present constitution be terminated and a new constitution of the Kingdom of Thailand be promulgated henceforth.
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 Chief 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 is 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 and announces appointment of Senators.
Section7.The Monarch exercises the power to administer the State through the Council of Ministers and announces appointment of the Prime Minister.
Section8.The Monarch exercises the judicial power through the courts.
Section9.The Monarch appoints Supreme Councillors of State, which are positions for those who shall present Him with counsel on public affairs of the State.
Section10.Whenever the Monarch is to leave the Kingdom or to be unable to handle His royal burdens for any reason, He will appoint a Supreme Councillor of State as His Regent. If the Monarch has not made or is unable to make such appointment, the Supreme Council of State shall immediately engage in the administration of the State as a Council of Regency.
Section11.In the event that the royal throne falls vacant and there is no Regent according to the dispositions of section 10, the Supreme Council of State shall temporarily engage in handling the public affairs of the State as a Council of Regency until the person who shall succeed to the throne as a monarch is announced.
Section12.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.
Section13.Supreme Councillors of State are regular positions, are five in number, handle the public affairs pertaining to the Monarch, and present counsel to the Monarch.
Section14.Supreme Councillors of State serve as counsellors to the Monarch by presenting Him with right and correct counsel in every field for the benefit of the Nation.
Section15.The Monarch will appoint a senior person in the Supreme Council of State as President of the Council.
Section16.The Supreme Councillors of State vacate their positions only upon resignation, infirmity, or death.
Section17.When a position of Supreme Councillor of State falls vacant, there will be a royal command appointing a replacing Councillor. At least, the person to be appointed for replacement must have these qualifications: having been a regular public servant for not less than twenty-five years and having served the public in, at least, a position of director general or having been a Minister in charge of a ministry for not less than four years.
Section18.The Supreme Council of State has subsidiary public units as to be announced by royal decrees.
Section19.The President of the Supreme Council of State will entrust any Supreme Councillor of State with direction over the public units designated in royal decrees.
Section20.Installment, appointment, removal, punishment, and designation of qualifications of public servants shall be in accordance with the law.
Section21.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 privilege whatsoever.
Section22.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 against the civic duties and are not contrary to peace and order or good morals of the people.
Section23.Persons have full freedom of the person, abode, property, speech, writing, printing, publication, education, public assembly, establishment of associations, and occupation. However, this shall be subject to the provisions of law.
Section24.Persons have the right to petition, subject to the conditions and procedures provided by the law.
Section25.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 procedures provided by the law, and must also have education and occupation.
Section26.The National Assembly is composed of a Senate and a Chamber of Deputies, whether in session separately or jointly.
Section27.All bills shall only be enacted into laws by and with the advice and consent of the National Assembly.
Section28.No act shall be enacted as a law to retroactively inflict a criminal punishment upon a person.
Section29.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.
Section30.If the Monarch disagrees with such a bill and returns it to the National Assembly within 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 for further promulgation.
Section31.All bills may be submitted by the Council of Ministers or by Members of the National Assembly.
Section32.No person shall be a Senator and a Member of the Chamber of Deputies at the same time.
Section33.The Senate is composed of Members elected by the Monarch in the same number as the Members of the Chamber of Deputies.
Section34.Memberships in the Senate are subject to a term of six years each. Only in the initial period, one half of the Members shall be replaced by means of lot drawing upon completion of three years.
Section35.A membership in the Senate ends upon—
(1)retirement by rotation;
(2)death;
(3)resignation.
Section36.During dissolution of the Chamber of Deputies, a meeting of the Senate may be held if necessary.
Section37.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.
No Member of the Chamber of Deputies shall be a regular public servant.
Elections of Members of the Chamber of Deputies shall be conducted by means of direct and secret ballot.
Section38.The qualifications of electors and electoral candidates, as well as the criteria and procedures for the conduct of elections and the number of the Members, shall be governed by the law on elections of Members of the Chamber of Deputies, and at least the electoral candidates must be Thai nationals and not younger than thirty-five years of age.
Section39.Each Chamber of Deputies lasts for a term of four years.
If a membership falls vacant for any other reason than retirement upon expiry 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 month. In addition, the replacing Member only remains in the position for the time period pertaining to his predecessor.
Section40.The Monarch retains 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.
Section41.A membership in the Chamber of Deputies ends upon—
(1)retirement on expiry 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.
Section42.A Member of the Chamber of Deputies has the right to submit 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.
Section43.Prior to assuming duties, Members of the Senate 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 the Constitution.
Section44.The Members of the Senate and the Members of the Chamber of Deputies represent all the Thai people without being subject to any manday or commitment, and must perform their duties according to their own wholehearted opinion and for the common benefit of the Thai people.
Section45.The Monarch appoints from amongst the Members of the Senate 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.
Section46.The President of the Senate and the President of the Chamber of Deputies have the duty to conduct the affairs of their respective chambers in accordance with its regulations. The Vice Presidents have the duty to execute affairs on behalf of their President when the President is absent or unable to perform duties.
Section47.When the President and Vice Presidents of the Senate or Chamber of Deputies are absent from a meeting, the Members of such chamber shall elect one amongst themselves to preside over that meeting.
Section48.At every meeting of the Senate 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.
Section49.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 and this shall be a casting vote.
Section50.At a meeting 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.
Section51.The sessions of the Senate and of the Chamber of Deputies commence and end simultaneously.
Section52.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 allows 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.
Section53.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.
Section54.The Monarch convenes the Senate and the Chamber of Deputies according to their sessions. He closes and opens 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 person to execute the ceremony on His behalf.
Section55.When it is necessary for the benefit of the State, the Monarch may convene an extraordinary session of both chambers.
Section56.Members of both the Senate and the Chamber of Deputies or Members of each chamber, whose number is not less than one third 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 mentioned 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 Senate.
The President of the chamber receiving the request shall make the application to the Monarch and give a countersignature.
Section57.During a session, when anyone institutes a criminal charge against a Member of the Senate or 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.
Section58.During a session, no Senator 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.
Section59.If a Member of the Senator or Chamber of Deputies has been confined pending inquiry or trial since before a session, the inquiry officer 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.
Section60.A bill shall be submitted to the Chamber of Deputies first. When the Chamber of Deputies has considered it and resolved it satisfactory, it shall be submitted to the Senate. If the Senate 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 29.
If the Senate 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 Senate, it shall then be deemed that the bill lapses.
If the Senate 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 Senate, it shall further be proceeded with in accordance with the dispositions of section 29.
If the Chamber of Deputies, by a vote of more than half of the total 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 29.
Section61.A money bill may be submitted by the Council of Ministers or by Members of the National Assembly after having been seconded by the Prime Minister.
A money bill refers to a bill which deals with all 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.
Section62.The Senate must, within a period of thirty days, consider and pass a resolution upon a bill which has been resolved satisfactory and submitted to it by the Chamber of Deputies. But if such bill is a money bill, the Senate 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 Senate.
If, within the time period mentioned in paragraph 1, the Senate fails to consider and pass a resolution upon a bill sent by the Chamber of Deputies, it shall then be deemed that the Senate has approved the bill.
Section63.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.
Section64.The Senate and the Chamber of Deputies have the power to control the public affairs of the State in accordance with the provisions of this Constitution.
Section65.At a meeting of the Senate 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 benefit of the State.
Section66.The meetings of the Senate and of the Chamber of Deputies are public, according to the particulars 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.
Section67.The Senate 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 mentioned 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 50 shall also extend its protection to the persons who execute the duties under this section.
Section68.At a meeting of a committee under section 67, the attendance of not less than half of the number of its members is required for establishing a quorum.
Section69.The Senate and the Chamber of Deputies have the power to establish rules regarding their meetings and discussions for execution of the provisions of this Constitution.
Section70.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 12;
(2)the rediscussion of a bill, according to the dispositions of section 30;
(3)the ceremony of opening a session of the National Assembly, according to the dispositions of section 54;
(4)the passage of a resolution of confidence upon a Council of Ministers, according to the dispositions of section 77;
(5)the giving of consent to the announcement of war, according to the dispositions of section 83;
(6)the giving of approval to a written agreement, according to the dispositions of section 84;
(7)the interpretation of the Constitution, according to the dispositions of section 94.
Section71.The President of the Senate shall be the president of the joint meetings of the National Assembly, and the President of the Chamber of Deputies, vice president.
Section72.At the joint meetings of the National Assembly, the rules of the Senate regarding meetings and discussions shall apply mutatis mutandis.
Section73.At the joint meetings of the National Assembly, the provisions applicable to both chambers shall apply mutatis mutandis.
Section74.The Monarch establishes a Council of Ministers composed of one Prime Minister and Ministers numbering fifteen at least, twenty-five at most.
In appointing a Prime Minister, the President of the Supreme Council of State gives a countersignature. The Ministers must not be regular public servants.
Section75.The Council of State shall have the power to administer the State.
Section76.The Ministers who are not Members of the Assembly have the right to attend and state facts or express opinions at the Senate, or Chamber of Deputies, or joint meetings of the National Assembly, but they have no right to vote.
The privilege provided in section 50 shall apply mutatis mutandis.
Section77.In carrying out the state administration policy, 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.
The policy carried out by each Council of Ministers, regardless of whether it has been completed already or has been carried out to any extent, shall not be annulled or otherwise modified by a Council of Ministers which thereafter undertakes the administration of the State, save where it has been submitted to the Monarch for His decision and has received His royal permission.
Section78.The Ministers must collectively vacate their positions upon a royal command, or upon the passage by the Chamber of Deputies of a resolution of no confidence 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 when they assumed duties. In the latter event, and in the event that the Council of Ministers resigns of its own accord, the outgoing Council of Ministers must remain in positions to continue working until a new Council of Ministers is established.
Section79.A ministership individually ends upon—
(1)a royal command;
(2)death;
(3)resignation;
(4)lack of the qualification under the disposition of section 41(4);
(5)a resolution of no confidence passed by the National Assembly.
Section80.In the case of emergency where 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 submitted to the National Assembly for its information.
Section81.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 interest of the State, it may advise the Monarch to enact the bill as an emergency decree to be applied as an act.
Section82.The Monarch has the royal prerogative to promulgate martial law.
Section83.The Monarch has the royal prerogative to announce war with the consent of the National Assembly.
Section84.The Monarch has the royal prerogative to conclude written agreements on armistice and conclude other written agreements with foreign countries.
Section85.The Monarch has the royal prerogative to grant pardon.
Section86.The Monarch has the royal prerogative to enact royal decrees.
Section87.Subject to sections 56 and 74, 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.
Section88.It is the exclusive power of the courts to try and adjudicate upon cases, which must be done in accordance with the law and in the name of the Monarch.
Section89.All courts can only be established by acts.
Section90.No new court can be established for trying and adjudicating upon any specific case or charge in place of a normal court brought into existence by the law for the trial and adjudication thereof.
Section91.Judges are independent in trying and adjudicating upon cases in accordance with the law.
Section92.Appointment, promotion of positions, promotion of monthly salaries, transfer, and removal of judges require the approval of the Monarch and of the Judicial Commission under the law on regulation of judicial public servants.
Section93.This Constitution can only be amended with the approval of the National Assembly.
Section94.The National Assembly retains the absolute power to interpret this Constitution.
A resolution on interpretation of this Constitution must be voted in favour by not less than half of the number of the Members of both chambers conjointly.
Section95.Any provision of law the contents of which are repugnant or contrary to this Constitution is void.
Section96.In the initial period, the Senate is composed of the Members elected by the Monarch within a period of fifteen days from the day of entry into operation of this Constitution and the Senate may be convened if necessary, in which event the Senate shall be vested with the powers and duties of the National Assembly until the election of Members of the Chamber of Deputies according to the provisions of this Constitution is completely completed.
Section97.In the initial period, Members of the Chamber of Deputies shall be elected using the standard number of two hundred thousand inhabitants per one Deputy. If, in the area of any province, the number of the inhabitants according to the latest census exceeds two hundred thousand, that province shall be given an additional number of Deputies, that is, one per every two hundred thousand inhabitants. The residue of two hundred thousand inhabitants shall, if reaching or exceeding the half thereof, be counted as two hundred thousand. In addition, the method of combination of provincial areas shall be used as the election method.
The qualifications of electors and electoral candidates, as well as the criteria and procedures for the election, shall be as set out in the Amendment (No 3) of 2479 Buddhist Era to the Elections Act, 2475 BE, in so far as it is not contrary to the area combination method, and the prohibition under section 11 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, shall be excluded.
Section98.The election of Members of the Chamber of Deputies according to the dispositions of section 97 shall be completely carried out within a period of ninety days from the day of entry into operation of this Constitution.
Announced on the 9th day of November 2490 Buddhist Era.
Countersignature
- Field Marshal P Phibunsongkhram
- Military Commander of Thailand
- 9 November 2490
- Military Commander of Thailand
Issue 57Volume 64
Royal Gazette
25 November 2490
The Constitution of the Kingdom of Thailand (Interim), dated 9 November 2490 Buddhist Era, as published in the Royal Gazette, Special Edition, dated 9 November 2490, volume 64, issue 51, page 1, lines 3–5, shall be corrected to be the following:
“In the name of King Bhumibol Adulyadej
The Council of Regency
Rangsit Krommakhun Chainatnarenthon
Given on the 9th day of November 2490 Buddhist Era
Being the 2nd year of the present reign”
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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