Translation:Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era

by National Council for Peace and Order

Table of contents

Constitution

Preamble

Section

1. Form of state
2. Form of government
3. Sovereign power
4. Constitutional protection
5. Non liquet
6. National Legislative Assembly (NLA): composition, functions
7. NLA: matters to be considered in nominating members
8. NLA: member disqualifications
9. NLA: membership termination
10. NLA: presidency
11. NLA: people representation
12. NLA: vote to remove members
13. NLA: conduct of meetings
14. Enactment of acts and organic acts
15. Royal veto of bills
16. NLA: interpellation, debate
17. NLA: general debate
18. NLA: privilege, immunity
19. Council of Ministers (COM): composition, functions, parliamentary rights
20. COM: qualifications, disqualifications
21. Emergency decrees
22. Decrees, pardons, traditional royal prerogatives
23. Treaties
24. Appointment and removal of senior officers
25. Countersignatures for royal documents concerning public affairs
26. Judicial independence
27. National reform
28. National Reform Assembly (NRA): composition, presidency
29. NRA: disqualifications, membership termination
30. NRA: selection of members
31. NRA: authority
32. Constitution Drafting Committee (CDC): composition
33. CDC: qualifications, disqualifications
34. Preparation of new constitution
35. Contents of new constitution
36. Editing of draft constitution
37. Enactment of new constitution
38. Dissolution of NRA and CDC
39. Post NRA dissolution: functions of CDC
40. Compensations for agencies under this Constitution
41. Suspension of legal requirements governing political positions
42. National Council for Peace and Order (NCPO): composition, authority
43. NCPO: authority pending formation of NLA and COM
44. NCPO: special power
45. Constitutional Court
46. Amendment to this Constitution
47. NCPO: legalisation
48. NCPO: amnesty

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Seal of the Royal Command

Constitution of the Kingdom of Thailand
(Interim),
2557 Buddhist Era

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Somdet Phra Paramin Maha
Bhumibol Adulyadej
Sayaminthrathirat Borommanatbophit
Given on the 22nd day of July 2557 Buddhist Era
Being the 69th year of the present reign

His Majesty King Maha Bhumibol Adulyadej Mahittalathibet-ramathibodi Chakkrinaruebodin Sayaminthrathirat Borommanatbophit is pleased to give a Great Royal Command that it be announced as follows:

Whereas the National Council for Peace and Order, which is made up of parties of military and police officers, notified Him of the following: As situations of political conflict had taken place in Bangkok Metropolis and adjoining areas for a long, continuous period to the point that they expanded to almost every region of the Country, people were divided into factions, were lacking in unity, and bore hostile attitude towards each other. At times, violence occurred, and forces and arms of war were employed to harm and hurt each other, causing the well-being and subsistence of the people to deviate from normalcy, the development of the economy, politics, and administration to be interrupted, the exercise of the legislative, executive, and judicial powers to be affected, and the enforcement of laws to be in vain. This was such a grave crisis that had never been seen before. Although the State had resolved the problems through legal mechanisms and measures, such as by enforcing the laws on maintenance of peace and order under various states of affairs, dissolving the House of Representatives, and organising a general election, and even though the factions which were not the rivalling groups, such as business organisations from the private sectors, constitutional organisations, political parties, the Armed Forces, and the Senate, had attempted to arrange negotiations for reconciliation, their efforts were of no avail and would even bring about new legal and political disputes, resulting in a whirlpool of problems that knew no end. In the meantime, the conflict had developed to a larger degree and tended to become more serious to the extent that riots could happen at any time, which might harm the lives, property, and convenience of innocent people, affect the livelihoods and indebtedness of agriculturists, especially paddy farmers, disturb the economic developments of the Country, the prevention of problems from natural disasters, the trust in the state power, and the confidence of foreign investors, and provide more opportunities for the commission of crimes and other acts of unrest, thus likely to eventually shatter the security of the Nation and the faith of the people in the democratic administration with a Monarch as Chief. The National Council for Peace and Order thus needed to step in to seize and take control of the administrative power of the Country on the 22nd day of May 2557 and announced the termination of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, except the provisions of Chapter 2 Monarch. The Council has designated the guideline for resolving the problems into three stages: the urgent stage would be the exercise of powers to deter the use of forces and weapons to threaten people, putting an end to fears and misgivings, and rectifying the problems of the economy, society, politics, and administration which have accumulated for over six months, until they are eased off, so as to be prepared for moving into the second stage, in which an interim constitution would be brought into existence, an assembly would be established to discharge legislative duties, and a governmental body would be created to administer the State, to tackle the critical situations until normalcy returns, to restore peace and order, the feelings of love and unity, and equity, to remedy the problems of the economy, society, politics, and administration, to bring urgently required laws into being, to establish an assembly for national reform and various organisations for initiating reform in the field of politics and other fields, and to draw up a new constitution which would lay down a watertight and suitable political canon, prevent and suppress corruption, and allow the exercise of the state power to be scrutinised in an efficacious, expeditious, and fair manner, before handing over these missions to the representatives of all Thais and a government that would take up the administration of the State in the next stage. In executing the said activities, importance would be given to the fundamental principles rather than to the mere methods of democracy, for which reason it requires time to create an atmosphere of peace, order, and reconciliation for the purpose of bringing the long lost happiness back to the people, and to reform some laws and rules which have been triggers of the conflict, which are unclear, which provide no way out in the time of crisis, or which are devoid of efficiency or equity, in order that they be in line with the nature of the problems and the requirements of the people in the Nation. The time to be so taken would not be so long as that which would be wasted had the situations been left at the mercy of fate; therefore, His Majesty is pleased to give a Great Royal Command that the following provisions be applied as a Constitution of the Kingdom of Thailand (Interim) until the new constitution which is to be prepared in accordance with the provisions of this Constitution is promulgated:

Section1.Thailand is one and unitary kingdom incapable of division.

Section2.Thailand is democratically administered with a Monarch as its Chief.

The provisions of Chapter 2 Monarch of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, which remain operative in accordance with the Announcement of the National Council for Peace and Order No 11/2557 dated the 22nd day of May 2557 Buddhist Era, shall continue to be operative as part of this Constitution. In addition, subject to section 43, paragraph 1, whenever the said provisions refer to the National Assembly or President of the National Assembly, they shall mean the National Legislative Assembly or President of the National Legislative Assembly under this Constitution, as the case may be.

Section3.The sovereign power belongs to all the Thai people. The Monarch who is the Chief exercises such power through the National Legislative Assembly, the Council of Ministers, and the courts in accordance with the provisions of this Constitution.

Section4.Subject to the provisions of this Constitution, all the human dignity, rights, freedoms, and equality which have been protected for the Thai people in accordance with the custom of the democratic administration of Thailand with a Monarch as Chief and in accordance with the already existing international obligations of Thailand, are protected under this Constitution.

Section5.When no provision of this Constitution is applicable to any case, the act in question shall be done or the case in question shall be ruled in line with the custom of the democratic administration of Thailand with a Monarch as Chief, but the said custom must not be contrary or repugnant to this Constitution.

In the event that a problem related to the ruling of any case according to the disposition of paragraph 1 occurs in the purview of the National Legislative Assembly, it shall be the National Legislative Assembly that gives a decisive ruling. But when such an event takes place outside the purview of the National Legislative Assembly, then the National Council for Peace and Order, the Council of Ministers, the Supreme Court of Justice, or the Supreme Administrative Court may apply to the Constitutional Court for a decisive ruling. However, as regards the Supreme Court of Justice and the Supreme Administrative Court, the application shall be made only upon a resolution of the General Assembly of the Supreme Court of Justice or General Assembly of the Justices of the Supreme Administrative Court, and only in relation to the trial and adjudication of a case.

Section6.There shall be a National Legislative Assembly composed of not more than two hundred and twenty Members who are appointed by the Monarch from amongst the persons of Thai nationality by birth and not younger than forty years of age, according to the advice presented to Him by the National Council for Peace and Order.

The National Legislative Assembly shall serve as the House of Representatives, the Senate, and the National Assembly.

Section7.In advising the Monarch to appoint Members of the National Legislative Assembly, regard shall be had to the knowledge, ability, and diversity of persons from all the groups in the public sector, private sector, social sector, academic sector, professional sector, and other sectors which would be of benefit to the performance of duties by the National Legislative Assembly.

Section8.No Member of the National Legislative Assembly shall have the following disqualifications:

(1)holding or having held during the period of three years prior to the date of his appointment as Member of the National Legislative Assembly any position in a political party;

(2)being a bhikṣu, sāmaṇera, vrata practitioner, or ordained person;

(3)being a bankrupt or having once been a dishonest bankrupt;

(4)having once been suspended from the right to vote in elections;

(5)having once been expelled, dismissed, or discharged from a public agency, state agency, or state enterprise on account of having committed corruption in office or of being deemed to have committed corruption or misconduct;

(6)having once been subjected to a judgment imposing confiscation of property to the State on account of unusual wealth or unusual increase of wealth;

(7)being prohibited from holding a political position, or having once been removed from a position;

(8)having once been convicted by a final judgment of an offence against public office, or an offence against judicial office, or an offence under a law related to narcotics, or an offence of hosting gambling or keeping a gambling house according to a law related to gambling;

(9)having once been sentenced to imprisonment by a final judgment, save where it was for an offence committed through negligence or petty offence.

No Member of the National Legislative Assembly shall at the same time be a Member of the National Reform Assembly or a Minister.

Section9.The membership of a Member of the National Legislative Assembly ends upon—

(1)death;

(2)resignation;

(3)lack of a qualification according to section 6, paragraph 1, or attack by a disqualification according to section 8;

(4)removal from the membership by a resolution of the National Legislative Assembly according to section 12;

(5)failure to present himself for the passage of a resolution at a meeting of the National Legislative Assembly in excess of the times designated in the meeting rules.

In the event that there is a problem related to the end of the membership of a Member of the National Legislative Assembly according to paragraph 1, it shall be the National Legislative Assembly that gives a ruling.

Section10.The Monarch appoints from amongst the Members of the National Legislative Assembly one as President of the National Legislative Assembly and not more than two as Vice Presidents of the National Legislative Assembly, according to a resolution of the National Legislative Assembly.

The Head of the National Council for Peace and Order shall countersign the appointment of Members of the National Legislative Assembly and the President and Vice Presidents of the National Legislative Assembly.

Section11.The Members of the National Legislative Assembly represent all the Thai people. They must devote themselves to the faithful and honest performance of duties for the common benefit of all the Thai people.

Section12.When 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-five have the right to file a request with the President of the National Legislative Assembly for enabling the National Legislative Assembly to pass a resolution removing him from his membership.

The resolution of the National Legislative Assembly according to paragraph 1 must obtain a vote of not less than two thirds of the total number of the Members.

Section13.At a meeting of the National Legislative Assembly, the attendance of not less than half of the total number of the Members is required for establishing a quorum.

The National Legislative Assembly has the power to enact rules related to the selection of and the performance of duties by the President of the Assembly, the Vice Presidents of the Assembly, and members of committees, the procedure for the conduct of meetings, the submission and consideration of bills of acts and organic acts, the submission of motions, the conduct of debates, the passage of resolutions, the conduct of interpellation, the maintenance of law and order, and other affairs for the execution of its powers and duties.

Section14.The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.

Bills shall only be submitted by Members of the National Legislative Assembly numbering not less than twenty-five jointly, or the Council of Ministers, or the National Reform Assembly in accordance with section 31, paragraph 2. However, money bills shall only be submitted by the Council of Ministers.

A money bill according to paragraph 2 refers to a bill which is related to the establishment, repeal, reduction, alteration, modification, remission, or regulation of a tax or duty; the appropriation, receipt, custody, or spending of state money; the transfer of an expenditure budget of the State; the raising, guarantee, or repayment of a loan; an activity which binds the property of the State; or currency.

In the event of doubt as to whether or not a bill submitted to the National Legislative Assembly is a money bill, it shall be the President of the National Legislative Assembly that gives a ruling.

A bill submitted by Members of the National Legislative Assembly or National Reform Assembly may, before the National Legislative Assembly adopts its principle, be taken by the Council of Ministers for consideration first.

An organic act shall be enacted in accordance with the procedure provided in this section, but the bill for the organic act shall be submitted by the Council of Ministers or the person in charge of the implementation of such organic act.

Section15.The bill for an act or organic act which has been approved by the National Legislative Assembly shall be brought and presented to the Monarch by the Prime Minister within twenty days from the date of his receipt of the bill for the act or organic act from the National Legislative Assembly so that the Monarch would sign it, and once it has been published in the Royal Gazette, it shall take effect as a law.

As regards the bill for any act or organic act which the Monarch has disapproved and given back to the National Legislative Assembly, or which He still has not given back despite ninety days having passed, the National Legislative Assembly must rediscuss the bill for the act or organic act. If the National Legislative Assembly, by a vote of not less than two thirds of the total number of the existing Members, 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 give it back within thirty days, the Prime Minister shall cause the act or organic act to be published in the Royal Gazette in order to promulgate it as a law as if it has already been signed by the Monarch.

Section16.At a meeting of the National Legislative Assembly, every Member has the right to interpellate a Minister in any matter related 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 for it is related to the safety or important benefit of the State, or when he finds that the interpellation is prohibited by a rule. In this event, the National Legislative Assembly may enact a rule designating a different quorum from that which is provided in section 13, paragraph 1.

When there is an important problem, Members of the National Legislative Assembly numbering not less than half of the total number of the Members may subscribe and submit a motion to open a debate for interrogating the Council of Ministers as to facts, but no resolution of confidence or no confidence shall be passed.

Section17.In the event that there is an important problem related to the administration of the State, regarding which the Council of Ministers finds it appropriate to hear opinions of Members of the National Legislative Assembly, the Prime Minister may notify the President of the National Legislative Assembly to open a general debate at a meeting of the National Legislative Assembly, but the National Legislative Assembly shall not pass a resolution upon the problem debated.

Section18.At a meeting of the National Legislative Assembly, it is the absolute privilege for any Member to utter any word in such a way as to state a fact, or express an opinion, or cast a vote. It shall not be taken as a ground for instituting a litigation or denunciation against him in any manner.

The privilege according to paragraph 1 shall also extend its protection to the members of the committees of the National Legislative Assembly, the persons who print or publish meeting proceedings by orders of the National Legislative Assembly or a committee, the persons who are permitted by the president of a meeting to state facts or express opinions at the meeting of the National Legislative Assembly, as well as the persons who broadcast meetings of the National Legislative Assembly through broadcasting radio, or broadcasting television, or any other means upon permission of the President of the National Legislative Assembly. But it does not protect a Member of the National Legislative Assembly who utters any word at a meeting which is broadcast through broadcasting radio, broadcasting television, or any other means, if the word so uttered at the meeting appears outside the precincts of the National Legislative Assembly and the word is characteristic of a criminal offence or violates a civil right of another person than a Minister or Member of the National Legislative Assembly.

In the event that a Member of the National Legislative Assembly is held in custody or detention, his release shall be ordered upon the request of the President of the National Legislative Assembly, or when a criminal case is instituted against him, the court shall be able to proceed with the trial of the case, save where the President of the National Legislative Assembly requests a stay of the trial.

Section19.The Monarch appoints one Prime Minister in accordance with a resolution of the National Legislative Assembly and appoints not more than thirty-five other Ministers in accordance with the advice presented by the Prime Minister. They make up a Council of Ministers which has the duties to administer the State, to implement the reform in various fields, and to promote unity and harmony amongst the people in the Nation.

Prior to assuming duties, a Minister must affirm before the Monarch in the following form: “I, (name of the affirmer), hereby affirm that I will be loyal to the Monarch and will perform my duties faithfully and honestly for the benefit of the Country and the people, and will also preserve and observe the Constitution of the Kingdom of Thailand in every respect.”

The Monarch retains the royal prerogative to remove the Prime Minister from his position in accordance with the advice presented by the President of the National Legislative Assembly upon a resolution passed by the National Legislative Assembly following a proposal of the National Council for Peace and Order, and to remove a Minister from his position in accordance with the advice presented by the Prime Minister.

In appointing a Prime Minister and removing the Prime Minister from his position, the President of the National Legislative Assembly shall give a countersignature.

The Prime Minister and the Ministers have the right to attend and give explanations or express opinions at meetings of the National Legislative Assembly and National Reform Assembly, but they have no right to vote, and the privilege under section 18 shall also apply mutatis mutandis to the giving of explanations or expression of opinions by the Prime Minister and the Ministers in accordance with this section.

Section20.The Prime Minister and Ministers must possess the following qualifications and must not be attacked by the following disqualifications:

(1)being of Thai nationality by birth;

(2)being not younger than forty years of age;

(3)having graduated with a degree not lower than a bachelor’s one or an equivalent;

(4)not being or having been during the period of three years prior to the date of appointment a member of a political party, and not being attacked by the disqualifications under section 8;

(5)not being a Member of the National Legislative Assembly, Member of the National Reform Assembly, Member of the Constitution Drafting Committee, member of a local assembly, or local administrator;

(6)not being a Justice of the Constitutional Court, a judge or justice, a public prosecutor, a Member of the Election Commission, an Ombudsman, a Member of the National Anti-Corruption Commission, a Member of the State Audit Commission, the Auditor General, or a Member of the National Human Rights Commission.

The ministership of the Prime Minister or Minister ends upon lack of a qualification or attack by a disqualification according to paragraph 1, or upon occurrence of the event under section 9(1) or (2).

Section21.When there occurs an event of emergency in which it is urgently necessary to maintain security of the Kingdom, public safety, or economic security of the Country, or to avert a public disaster, or when it is necessary to have a law related to taxation or currency which must be considered urgently and secretly, the Monarch retains the royal prerogative to enact an emergency decree to be applied as an act.

Upon promulgation of an emergency decree, the Council of Ministers shall submit the emergency decree to the National Legislative Assembly without delay. If approved by the National Legislative Assembly, the emergency decree shall continue to be in operation as an act. If disapproved by the National Legislative Assembly, the emergency decree shall lapse, but this does not affect the affairs which took place during the application of the emergency decree, save where the emergency decree resulted in an amendment to or repeal of any provision of law, in which event the provision of law prior to the amendment or repeal shall resume its operation from the date the said emergency decree lapses.

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 date of its publication in the Royal Gazette.

Section22.The Monarch retains the royal prerogative to enact royal decrees which are not contrary to the law, the royal prerogative to grant pardon, and other royal prerogatives according to the custom of the democratic administration of Thailand with a Monarch as Chief.

Section23.The Monarch retains the royal prerogative to conclude written agreements of peace, agreements of armistice, and other agreements with foreign countries or international organisations.

Any written agreement which provides for a change in the territory of Thailand or an extraterritorial area over which Thailand has a sovereign right or has jurisdiction in accordance with a written agreement or international law, or which requires the issuance of an act for its implementation, or which extensively affects the economic or social security of the Country, must be approved the National Legislative Assembly. In this respect, the National Legislative Assembly must finish its consideration within sixty days from the date of its receipt of the matter.

A written agreement which extensively affects the economic or social security of the Country according to paragraph 2 refers to a written agreement which is related to free trade, a customs union, or the granting of the use of a natural resource, or which causes the Country to lose a right over a natural resource entirely or partially, or which is related to other matters as provided by the law.

When there is a problem as to whether or not any written agreement falls under paragraph 2 or 3, the Council of Ministers may apply to the Constitutional Court for a ruling. In this respect, the Constitutional Court shall finish its ruling within thirty days from the date of its receipt of the application.

Section24.The Monarch appoints military and civil public servants to positions of permanent secretaries, directors general, and equivalents, and appoints judges and justices, holders of positions in the constitutional organisations according to the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, and other public servants as provided by the law. In addition, He removes them from their positions, save where they vacate the positions by reason of death.

Section25.All legal provisions, royal rescripts, and royal commands of any kind, which are related to the public affairs of the State, must be countersigned by a Minister, save where this Constitution provides otherwise.

Section26.Judges and justices are independent in trying and adjudicating upon cases in the name of the Monarch, in a just manner, and in accordance with the Constitution and the law.

Section27.There shall be a National Reform Assembly having the duty to conduct studies and make recommendations so as to bring about the reform in the following fields:

(1)politics;

(2)state administration;

(3)law and justice;

(4)local administration;

(5)education;

(6)economy;

(7)energy;

(8)public health and environment;

(9)mass media;

(10)society;

(11)others;

of which the purposes are to make the democratic administration with a Monarch as Chief suitable with the nature of the Thai society, to have an honest and fair system of election, to have an efficient mechanism for prevention and elimination of corruption and misconduct, to eliminate disparity and bring about economic and social fairness for sustainable development, to allow the mechanisms of the State to provide services to the people in a comprehensive, convenient, and expeditious manner, and to enable the strict and fair enforcement of the law.

Section28.The National Reform Assembly shall be composed of not more than two hundred and fifty Members who are appointed by the Monarch from amongst the persons of Thai nationality by birth and not younger than thirty-five years of age, according to the advice presented to Him by the National Council for Peace and Order.

The Monarch appoints from amongst the Members of the National Reform Assembly one as President of the National Reform Assembly and not more than two as Vice Presidents of the National Reform Assembly, according to a resolution of the National Reform Assembly.

The Head of the National Council for Peace and Order shall countersign the appointment of Members of the National Reform Assembly and the President and Vice Presidents of the National Reform Assembly.

Section29.A Member of the National Reform Assembly must not be attacked by the disqualifications under section 8(2), (3), (4), (5), (6), (7), (8), and (9), and the dispositions of section 9 shall apply mutatis mutandis to the end of the membership of a Member of the National Reform Assembly, but the giving of a ruling according to section 9, paragraph 2, shall be the power of the National Reform Assembly.

Section30.The National Council for Peace and Order shall select the persons appropriate to be appointed as Members of the National Reform Assembly, according to the following criteria:

(1)there shall be committees for recruitment of persons in the fields provided in section 27, one committee per each field, and there shall be, in each province, a provincial recruitment committee for recruitment of persons domiciled in that province;

(2)the National Council for Peace and Order shall establish the committee for recruitment of persons in each field from the qualified persons whose knowledge and experience are accepted by the persons in such field;

(3)the recruitment committees shall recruit the persons who possess the qualifications under section 28, are not attacked by the disqualifications under section 29, and have recognised knowledge and ability in each field, and shall prepare a list of their names and submit it to the National Council for Peace and Order, in respect of which no member of a recruitment committee shall submit his own name;

(4)in recruiting persons according to (3), regard shall be had to the diversity of persons from all the groups in the public sector, private sector, social sector, academic sector, professional sector, and other sectors which would be of use to the performance of duties by the National Reform Assembly; the distribution of persons in line with the provinces; the opportunities and sexual equality; and disadvantages of people;

(5)the provincial recruitment committees shall be composed of such persons as designated by a royal decree;

(6)the National Council for Peace and Order shall select from the name list submitted by the recruitment committees under (1) not more than two hundred and fifty persons found appropriate to be appointed as Members of the National Reform Assembly, of whom a number shall be selected from amongst the persons nominated by the provincial recruitment committees, one per each province.

The number of the members of each recruitment committee, the procedure for the recruitment, the time limit governing the recruitment, the number of the persons needed to be recruited, and other necessary affairs shall be designated by a royal decree.

Section31.The National Reform Assembly shall have the following powers and duties:

(1)to study, analyse, and prepare guidelines and recommendations for the reform in the various fields under section 27, and submit them to the National Legislative Assembly, the Council of Ministers, the National Council for Peace and Order, and relevant agencies;

(2)to submit opinions or recommendations to the Constitution Drafting Committee for the benefit of the preparation of a draft constitution;

(3)to consider and approve the draft constitution prepared by the Constitution Drafting Committee.

In executing (1), if finding that an act or organic act is required to be enacted and put into application for any case, the National Reform Assembly shall prepare a bill for such an act and submit it to the National Legislative Assembly for further consideration. In the event that it is a money bill or a bill for an organic act, it shall be prepared and submitted to the Council of Ministers for further proceedings.

The National Reform Assembly shall submit the opinions or recommendations according to (2) to the Constitution Drafting Committee within sixty days from the date the National Reform Assembly meets for the first time.

The dispositions of sections 13 and 18 shall also apply mutatis mutandis to the performance of duties by the National Reform Assembly.

Section32.There shall be established a Constitution Drafting Committee for preparing a draft constitution, composed of thirty-six members appointed by the President of the National Reform Assembly from the following persons:

(1)the President of the Committee nominated by the National Council for Peace and Order;

(2)twenty persons nominated by the National Reform Assembly;

(3)the persons nominated by the National Legislative Assembly, the Council of Ministers, and the National Council for Peace and Order, five per each agency.

The appointment of the Members of the Constitution Drafting Committee according to paragraph 1 must be finished within fifteen days from the date the National Reform Council is convened for the first time.

In the event that a Member of the Constitution Drafting Committee vacates his position for any reason, the remaining Members of the Constitution Drafting Committee shall continue to perform duties and the Constitution Drafting Committee shall be deemed to be composed of the remaining Members, but the President of the National Reform Assembly shall, within fifteen days from the date the Member of the Constitution Drafting Committee vacates his position, appoint a Member of the Constitution Drafting Committee to fill the vacant position according to the criteria designated in paragraph 1.

The provisions of section 18 shall also apply mutatis mutandis to the performance of duties by the Constitution Drafting Committee.

Section33.The Members of the Constitution Drafting Committee must be of Thai nationality by birth, must not be younger than forty years of age, and must not be attacked by the following disqualifications:

(1)being a holder of a political position, save a holder of a position in the National Council for Peace and Order, a Member of the National Legislative Assembly, or a Member of the National Reform Assembly;

(2)being or having been during the period of three years before the date of appointment a member of or a holder of any position in a political party;

(3)being attacked by a disqualification under section 29;

(4)being a judge or justice or a holder of a position in a constitutional organisation under the Constitution of the Kingdom of Thailand, 2550 Buddhist Era.

For the purpose of eliminating conflicts of interest, no Member of the Constitution Drafting Committee shall hold a political position during two years from the date he vacates his position of Member of the Constitution Drafting Committee.

Section34.The Constitution Drafting Committee shall finish preparing a draft constitution within one hundred and twenty days from the date it receives the opinions or recommendations from the National Reform Assembly according to section 31(2), and shall then submit the draft to the National Reform Assembly for consideration.

In preparing the draft constitution, the Constitution Drafting Committee shall also take into consideration the opinions or recommendations from the National Reform Assembly according to section 31(2), the opinions of the National Legislative Assembly, the Council of Ministers, and the National Council for Peace and Order, and the opinions of the people and relevant agencies.

Section35.The Constitution Drafting Committee must prepare a draft constitution which also covers the following matters:

(1)the recognition of the Kingdom as being one and unitary and being incapable of division;

(2)the adoption of a democratic administration with a Monarch as Chief which is suitable with the nature of the Thai society;

(3)an efficient mechanism to prevent, scrutinise, and eliminate corruption and misconduct in both the public sector and the private sector, as well as a mechanism to curb and control the exercise of the state power for the common benefit of the Nation and the people;

(4)an efficient mechanism to completely prevent and scrutinise the entry into a political position by a person who has been convicted by a lawful judgment or order of corruption or misconduct or of an act which rendered an election dishonest or unfair;

(5)an efficient mechanism to allow state officials, especially holders of political positions and political parties, to perform their duties or execute their activities in an independent manner, free from unlawful influence or direction of any person or body of persons;

(6)an efficient mechanism to strengthen the rule of law and strengthen moral virtues, ethics, and good governance in every sector and at every level;

(7)an efficient mechanism to reconstruct and propel the economic and social systems with a view to bringing about sustainable fairness and preventing the public administration the State from being carried out in a manner seeking to build political popularity which may cause long-term damage to the economic system of the Country and the people;

(8)an efficient mechanism to enable state money to be spent in a cost-effective manner supporting the common benefit of the people and in compliance with the financial and fiscal conditions of the Country, and an efficient mechanism to scrutinise and disclose the spending of state money;

(9)an efficient mechanism to prevent destruction of the important principles to be laid down by the constitution;

(10)a mechanism to push forwards the important aspects of the reform so that they be consummated.

The Constitution Drafting Committee shall consider the necessity and cost-effectiveness of keeping in existence constitutional organisations or organisations established by constitutional powers. In the event that it is necessary to keep any organisation in existence, the Committee shall consider measures for enabling such organisation to operate in an efficient and effective manner also.

Section36.The Constitution Drafting Committee shall submit the finished draft constitution to the President of the National Reform Assembly, and the President of the National Reform Assembly shall arrange for meetings of the National Reform Assembly to finish considering and formulating recommendations or opinions thereon within ten days from the date of receipt of the draft constitution.

Members of the National Reform Assembly may apply for amending the draft constitution within thirty days from the date the National Reform Assembly finishes the consideration according to paragraph 1. An amendment application of a Member of the National Reform Assembly must be seconded by not less than one tenth of the number of the Members of the National Reform Assembly, and a Member of the National Reform Assembly who has filed an application or seconded an application of another Member can no longer file another application or second an application of another Member.

The Constitution Drafting Committee shall also send the draft constitution to the Council of Ministers and the National Council for Peace and Order, and the Council of Ministers or the National Council for Peace and Order may submit its opinions thereon or apply for amendment thereof within thirty days from the date of its receipt of the draft constitution.

Amendment applications shall be filed with the President of the Constitution Drafting Committee.

Section37.The Constitution Drafting Committee shall finish considering the amendment applications within sixty days from the date of completion of the time limit for the making of amendment applications according to section 36, paragraph 2. In this respect, the Constitution Drafting Committee may amend the draft constitution as it finds appropriate.

Once the Constitution Drafting Committee has amended the draft constitution according to paragraph 1, it shall submit the draft constitution to the National Reform Assembly for considering and approving or disapproving the draft constitution in its entirety, in respect of which the National Reform Assembly must adopt a resolution within fifteen days from the date of its receipt of the draft constitution from the Constitution Drafting Committee. However, the National Reform Assembly shall make no amendment to the contents of the draft constitution, save where it is for immaterial errors and is approved by the Constitution Drafting Committee, or where the Constitution Drafting Committee finds that the amendment is necessary for enhancement of perfection.

Once the National Reform Assembly has passed a resolution to approve the draft constitution according to paragraph 2, the President of the National Reform Assembly shall bring and present the draft constitution to the Monarch within thirty days from the date the National Reform Assembly adopted the resolution, and once the Monarch has signed it, it shall enter into operation after having been published in the Royal Gazette and countersigned by the President of the National Reform Assembly.

In the event that the Monarch disapproves the draft constitution and gives it back, or when He still has not given it back despite ninety days having passed, the draft constitution shall lapse.

Section38.In the event that the National Reform Assembly fails to finish considering the draft constitution within the time designated, or it disapproves the draft constitution, or the draft constitution lapses according to section 37, the National Reform Assembly and the Constitution Drafting Committee shall end, and proceedings shall be executed to establish new National Reform Assembly and Constitutional Drafting Committee to exercise the powers and duties as provided in this Constitution instead.

In the event that the Constitution Drafting Committee fails to finish drawing up a draft constitution within the time period designated by section 34, the Constitution Drafting Committee shall end and proceedings shall be executed to establish a new Constitution Drafting Committee within fifteen days from the date of the end of the Constitution Drafting Committee.

The President of the National Reform Assembly, Vice Presidents of the National Reform Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee that have ended in accordance with paragraph 1 or 2 cannot be the President of the National Reform Assembly, Vice Presidents of the National Reform Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee newly established, as the case may be.

Section39.After the preparation of a draft constitution is finished, the National Reform Assembly and the Constitution Drafting Committee shall continue to perform their duties for the purpose of preparing the bill for organic laws or other laws as necessary. However, once the new constitution has been promulgated, the performance of duties by the National Reform Assembly and Constitution Drafting Committee shall be governed by the constitution so promulgated.

Section40.Monthly salaries, positional allowances, and other remunerative benefits of the President and Vice Presidents of the National Legislative Assembly, President and Vice Presidents of the National Reform Assembly, holders of positions in the National Council for Peace and Order, Members of the National Legislative Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee shall be designated by a royal decree.

Section41.In the event that any provision of law designates a qualification or disqualification for the holding of a political position, such provision of law shall not apply to the persons appointed as holders of positions in the National Council for Peace and Order, Members of the National Legislative Assembly, Members of the National Reform Assembly, the Members of the Constitution Drafting Committees, the political public servants according to the law on regulation of political public servants, and the parliamentary political public servants according to the law on regulation of parliamentary public servants.

Section42.The National Council for Peace and Order under the Announcement of the National Council for Peace and Order No 6/2557 dated the 22th day of May 2557 Buddhist Era shall continue to be the National Council for Peace and Order and have the powers and duties to perform such acts as provided in this Constitution.

In the event that it is necessary for the purpose of the performance of duties, the Head of the National Council for Peace and Order may change or add holders of any positions in the National Council for Peace and Order. However, in the event that Members are added, the total Members must not exceed fifteen. In addition, any agency founded appropriate may be designated to serve an administrative unit for the National Council for Peace and Order.

In the event that the National Council for Peace and Order finds that the Council of Ministers should execute any power or duty as designated in section 19, the National Council for Peace and Order shall notify the Council of Ministers to further execute the power or duty.

In the event that it is found appropriate, the Head of the National Council for Peace and Order or the Prime Minister may request a joint meeting of the National Council for Peace and Order and the Council of Ministers to together consider or resolve any problem related to the maintenance of peace and order or national security, as well as to consult or confer about any other matter from time to time.

Section43.Whilst there is still no National Legislative Assembly, if a law provides that the execution of any act requires approval or acknowledgement of the House of Representatives, Senate, or National Assembly, the Head of the National Council for Peace and Order shall have the power to give approval or acknowledgment instead of the House of Representatives, Senate, or National Assembly.

Before the Council of Ministers under this Constitution assumes duties, all the powers and duties of the Prime Minister and the Council of Ministers shall become the powers and duties of the Head of the National Council for Peace and Order.

Section44.In the event that the Head of the National Council for Peace and Order finds it necessary for the purpose of the reform in various fields, the promotion of unity and harmony amongst the people in the Nation, or the prevention, repression, or suppression of an act of subverting peace and order or national security, the royal throne, the economy of the Country, or the public services of the State, whether it occurs inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the power to, with the approval of the National Council for Peace and Order, order, repress, restrain, or perform any act, whether it would produce legislative, executive, or judicial effect, and it shall be deemed that the order or act, as well as the observance of the said order, is lawful and constitutional under this Constitutional and is final. However, after it has been done so, a report shall promptly be made to the President of the National Legislative Assembly and the Prime Minister for their information.

Section45.Subject to sections 5 and 44, the Constitutional Court shall have the power to consider and rule upon the questions as to whether any laws are contrary or repugnant to this Constitution and the questions which the organic law on Ombudsmen and the organic law on political parties designate to be under the power of the Constitutional Court. However, as regards the Ombudsmen, they shall have the power to make referrals to the Constitutional Court only in the event that they find any provisions of law attacked by questions of constitutionality under this Constitution.

The conduct of consideration and the formation of rulings by the Constitutional Court shall be governed by the law thereon. Whilst there is still no such law, the ordinances of the Constitutional Court on the trial procedure and the formation of rulings, which are in operation on the day before the date of entry into operation of this Constitution, shall govern to the extent not contrary or repugnant to paragraph 1 or this Constitution.

Section46.In the event that it is found necessary and appropriate, the Council of Ministers and the National Council for Peace and Order may jointly resolve to amend this Constitution by preparing a draft constitution amendment and submitting it to the National Legislative Assembly for approval.

The National Legislative Assembly shall consider and approve or disapprove the draft constitution amendment according to paragraph 1 within fifteen days from the date of its receipt of the draft constitution amendment.

In considering the draft for the giving of approval, the National Legislative Assembly cannot amend the draft constitution amendment, save where the Council of Ministers and the National Council for Peace and Order approve it.

The resolution of approval must obtain a vote of not less than half of the total number of the existing Members of the National Legislative Assembly.

Once the National Legislative Assembly has approved the draft constitution amendment, the Prime Minister shall bring and present the draft constitution amendment to the Monarch within fifteen days from the date the National Legislative Assembly adopted the resolution so that the Monarch would sign it, and it shall enter into operation after having been published in the Royal Gazette and countersigned by the Prime Minister. In addition, the dispositions of section 37, paragraph 4, apply mutatis mutandis.

Section47.The announcements and orders of the National Council for Peace and Order and the orders of the Head of the National Council for Peace and Order, which were made or given during the period from the 22nd day of May 2557 Buddhist Era up to the date the Council of Ministers under this Constitution assumes duties, regardless of whether they produce constitutional, legislative, executive, or judicial effect, as well as the observance of those announcements or orders, whether done before or after the date of entry into operation of this Constitution, shall all be lawful and constitutional and be final. In addition, the said announcements or orders which are still operative on the day before the date of entry into operation of this Constitution shall continue to be operative until amended or repealed by laws, statutes, rules, resolutions of the Council of Ministers, or orders, as the case may be.

In the event that the National Council for Peace and Order gave before the date of entry into operation of this Constitution an order directing any person to hold or vacate any of the positions specified in section 24, the Prime Minister shall notify the Monarch to appoint such person to the position or remove him from the position also.

Section48.As for all the acts which have been done in connection with the seizure and taking control of the administrative power of the State by the Head of the National Council for Peace and Order on the 22th day of May 2557, and the acts of the persons who are in connection with the said acts, or of the persons authorised by the National Council for Peace and Order or its Head, or of the persons who have been ordered by the persons authorised by the National Council for Peace and Order or its Head, which have been done for the aforesaid acts, regardless of whether they produce constitutional, legislative, executive, or judicial effect, as well as the infliction of punishments and other acts in the administration of the State, whether done as principals, aiders, abettors, or abetted persons, and whether done on the said date or before or after the said date, the doers shall, if those acts are in breach of law, be released from the guilt and liabilities absolutely.

Countersignature
General Prayut Chan-o-cha
Head of the National Council for Peace and Order