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CHAPTER I GENERAL PROVISIONS
CHAPTER II THE KING
CHAPTER III RIGHTS AND LIBERTIES OF THE THAI PEOPLE
PART 1 GENERAL PROVISIONS
PART 2 EQUALITY BEFORE THE LAW
PART 3 PERSONAL RIGHTS AND LIBERTIES
PART 4 RIGHTS TO ACCESS THE JUDICIAL PROCESS
- Right of access to the process of justice that is easy, expedient, quick, available to all;
- Basic right to the procedure process, which at least guarantees the basic right to an open trial, right to be informed of the facts, and to verify the documents adequately, right to present facts, refute, and produce witness and evidence, right to protest or refuse a judge or judges or examiners, right to be considered by judges or examiners in full quorum, and right to be explained about judgment or order;
- A person shall have a right to a fair and correct trial, quickly and be justice;
- The injured party, the accused, plaintiff, defendant, partner, interested party, or witness in the case shall enjoy the right to suitable treatment during the process of justice, including the right for quick investigation and the right against self-incrimination;
- The injured party, the accused, and the witness shall enjoy the right to receive protection, assistance, remuneration from the State; compensation, and other necessary expenses by the virtue of the law;
- Children, youth, females, the handicapped and permanently infirm shall be suitably protected during criminal procedure in case of sexual violent.
- In a criminal case, the accused or defendant has the right for correct, quick investigation and justice; has enough opportunity to contend the case, check or to be correct informed of the facts, to have consultation by his or her advocate and temporary release.
- In a civil case, a person has the right to receive a proper assistance from the State.
PART 5 RIGHTS IN PROPERTY
PART 6 RIGHTS AND LIBERTIES OF OCCUPATION
PART 7 LIBERTY OF EXPRESSION OF INDIVIDUALS AND MASS MEDIA
PART 8 RIGHTS AND LIBERTIES IN EDUCATION
PART 9 RIGHTS TO RECEIVE PUBLIC HEALTH SERVICE AND STATE WELFARE
PART 10 RIGHTS TO RECEIVE INFORMATION AND LODGE COMPLAINTS
PART 11 FREEDOM OF ASSEMBLY AND ASSOCIATION
PART 12 COMMUNITY RIGHTS
PART 13 RIGHTS TO PROTECT THE CONSTITUTION
CHAPTER IV DUTIES OF THE THAI PEOPLE
CHAPTER V DIRECTIVE PRINCIPLES OF FUNDAMENTAL STATE POLICIES
PART 1 GENERAL PROVISIONS
PART 2 POLICY DIRECTIVE ON THE SECURITY OF THE STATE
PART 3 POLICY DIRECTIVE ON ADMINISTRATION OF THE STATE AFFAIRS
- Administration of the State affairs shall aim for sustainable social, economic, and national security development; provided that the implementation of the sustainable economic philosophy shall be promoted and the overall national interests shall be vitally regarded.
- Systematize the Central Administration, the Regional Administration, and the Local Administration with the refine area, authority, and responsibility that are suitable for national development, and encourage the provincial authority to prepare plans and budget for provincial development for the interests of people in the locality.
- Decentralize of powers to the local administration organizations for the purpose of independence and self-determination of local affairs, encourage local administration organizations to give participation in the Directive Principles of Fundamental State Policies, develop local economics, public utilities and facilities systems, as well as the fundamental information infrastructure in the locality thoroughly and equally throughout the country, develop a province that is ready into a large-sized local administration organization with regard to the will of people in that province.
- Develop the State administrative system with emphasis to quality development, good morals, and ethics of the State officials in tandem with improvement of the model and method of operations to ensure efficient administration of the State affairs, and encourage State organs to adopt the principles of Good Governance as direction for performing government services.
- Systematize the government services and other State affairs in order to make management and delivery of public services timely, efficiently, transparently, accountably, with regard to public participation.
- Ensure the State agencies working on legal affairs that have duties to provide opinions on public administration, and vet the State legislation, to function independently, for the administration of the State affairs is based on the rule of law.
- Prepare a political development plan, and set up an independent political council to strictly monitor the implementation of such plan.
(8) Ensure that the government officials and State employees receive adequate fringe benefits
PART 4 POLICY DIRECTIVE ON RELIGION, SOCIAL, PUBLIC HEALTH, EDUCATION AND CULTURE
- Protect and develop children and youth; support the rise up, care, and education at the primary level; promote the equality between women and men; create and develop the family institution’s integrity and the strength of communities; provide aids and welfare to the elderly, the indigent, the disabled or handicapped and the underprivileged for their good quality of life and ability to depend on themselves.
- Promote, support, and develop the health system that emphasizes the health promotion for people to enjoy a sustainable state of happiness; provide and promote the standardized public health service to people universally and efficiently; and encourage private sector and community to participate in the health development and provision of public health services, provided that persons who deliver such services and perform their duties as to the professional standard and ethics, shall be protected by law.
- Develop the quality and standard of education management in all levels and all types in compliance with the changing economic and social environment; to prepare the national education plan and laws for development of the national education; develop the quality of teachers and educational personnel to progressively follow up with to changing of the world community; implant the learners to aware and recognize of Thai identity, disciplines, public interests, and adhere to the democratic regime of government with the King as Head of State.
- Promote and support decentralization of powers for the local administration organizations, communities, religious organizations, and private sector, to organize and participate in the education management for development and equality of education quality and standard and in consistence to the Directive Principles of Fundamental State Policies.
- Promote and support the research in various academic branches, and disseminate those State- subsidized information and research results.
- Promote and support love and harmony, learning, awareness, and disseminate arts, cultures, traditions, and customs of the nation, as well as good social values and local knowledge and intellectuals.
PART 5 POLICY DIRECTIVE ON LEGAL AFFAIRS AND JUSTICE
- Supervise to ensure the accurate, timely, impartial, and universal implementation and enforcement of laws; promote the legal aids and legal learning among people; organize the bureaucratic system and other State affairs in the field of justice administration to work efficiently; participation by people and professional organization in the justice procedure and public legal aids shall be regarded.
- Protect rights and liberties of a person from being violated by both State officials and other people, and provide the equal justice to all people.
- Enact a law to establish an independent agency for law reform with functions to improve and develop the laws in the country, as well as amend the laws to be consistent to the Constitution, with regard to the public opinions and hearing by the people affected by those laws.
- Enact a law to establish an independent agency to reform the procedure of criminal justice, with function to improve and develop the operations of the agencies involving with the criminal justice procedure.
- Support the operations of private organizations that provide the legal aides to people, particularly those affected by the domestic violence.
PART 6 POLICY DIRECTIVE ON FOREIGN RELATIONS
PART 7 POLICY DIRECTIVE ON ECONOMICS
- Encourage a free and fair economic system through market force, and encourage the sustainable economic development by abolishing and refraining the enactment of laws and regulations supervising the businesses that are inconsistent to the business necessity; shall not engage in an enterprise in competition with the private sector, except it is necessary and beneficial for maintaining the security of the State, preserving the common interests, or providing public utilities.
- Promote the practice of virtues, ethics, and good governance in business affairs.
- Control and maintain monetary and fiscal disciplines in support to the country’s economic and social stability and security; improve the tax systems to ensure fairness consistent with the changing social and economic environment.
- Manage for savings for the living at old age among people and State officials thoroughly.
- Supervise the business activities to ensure free and fair competition; prevent monopoly and cut off, directly or indirectly; and protect the consumers’ interests.
- Implement fair distribution of incomes; protect, promote, and expand the business opportunities among people for economic development, including promote and support the development of local and Thai knowledge and intellectuals to generate goods, services, and jobs.
- Promote people at working age to obtain employment; protect child and woman labor; organize system of labor relations and labor tripartite, which workers have rights to elect their own representatives; provide social security system; protect workers, who work on the same type of job, to ensure they get wages, fringe benefits, and welfare equally and impartially.
- Protect and maintain the interests of farmers in production and marketing; promote the highest price possible for agricultural products; encourage the grouping of farmers in the form of the farmer council in order to work out on the agricultural plan and protect their common interests.
- Promote, encourage, and protect the co-operatives system and its independence, as well as the grouping by occupations or professions of the people to carry out their economic activities.
- Provide basic public utilities necessary for the people’s livelihood in the interest of maintaining economic security of the State, provided that such basic public utilities shall not be monopolized by private that shall be detriment to the State.
- Any act that shall cause the fundamental structure or network of basic public utilities necessary for the people’s livelihood, or for the security of the State, fall into the private ownership, or reduce the status of State ownership to less than 51% shall not be permitted.
- Promote and support the commercial maritime business, rail transportation, and implement the management of domestic and international transportation system.
- Promote and support the strength of the economic private organizations both at local level and national level.
- Promote the agricultural product processing industry in order to increase the economic values.
PART 8 POLICY DIRECTIVE ON LAND, NATURAL RESOURCE, AND ENVIRONMENT
- Establish rules on land use to cover the whole country, by considering the consistency of the natural environment, including land area, water surface, ways of life of local communities, and the efficient conservation on the natural resources; provide the standard measures for sustainable land use, with regard to the joint decision-making by the residents of the area affected by that land-use policy;
- Fairly distribute the land possession, and process for farmers to have the ownership or rights over the lands for their agricultural production universally by the method of land reform or other means; provide water resources to farmers for their adequate and proper use for agricultural production.
- Lay out a town and country planning; develop and implement such town and country planning effectively and efficiently for the interests of sustainable natural resource perseveration.
- Set up the systematic water and natural resource management plan for public benefits, with regard to people participation to conserve, maintain, and balanced making use of the natural resources and biological diversity.
- Promote, maintain, and protect the quality of environment on the principle of sustainable development; control and eliminate the pollution that is hazardous to health, sanitary, safety, and quality of life of the people, which people, local communities, and local administration organizations shall participate in directing the operation plan.
PART 9 POLICY DIRECTIVE ON SCIENCES, INTELLECTUAL PROPERTY, AND ENERGY
- Promoting scientific and technological development and innovation in various fields by means of specific legislations, appropriations to support education, research, analysis, and enabling educational and development institutes to apply the results of research and development, to effect technology transfer, and to develop human resources efficiently and appropriately;
- Promoting inventions and innovations, conserving and developing local and Thai knowledge and intellectuals, and protecting intellectual property rights;
- Promoting and supporting research and development of alternative energy from natural sources, eco-friendly, sustainable, and systematic.
PART 10 BASIC POLICY ON CITIZENS’ PARTICIPATION
- To promote citizen participation in making policies and economic development plans at the local and national level throughout the country;
- To promote and support citizen participation in making political decisions, making economic, social, and political development plans including in making public services.
- To promote and support citizen participation in the scrutiny of the exercise of State powers at all levels in the form of occupational or professional bodies.
- To promote and support citizen strengthen themselves politically and to legislate for establishment of the people’s political development funds to support community activities, as well as to support citizen who associate in any form of network to provide evaluation the performance of the local authorities.
- To promote and educate the people on the democratic development and rule with the King as the Head of the State and encourage the people to exercise their rights to vote in elections in honest and fairly.
CHAPTER VI THE NATIONAL ASSEMBLY
PART 1 GENERAL PROVISIONS
PART 2 THE HOUSE OF REPRESENTATIVES
- By determine the population into the country’s total registered population based on the latest census before a general election, average by 400 of the members of the House of Representatives.
- Any Changwat with inhabitants below the number per on member under paragraph (1) shall have one member of the House of Representatives. Any Changwat with more inhabitants than the number of inhabitants per one member shall have an additional member of the House of Representatives for every such number of inhabitants as representing the number of inhabitants per one number.
- Upon the numbers of the House of Representatives of each Changwat being obtain under paragraph (2) should have; and the number of the House of Representatives is still less than 400, any Changwat with the largest fraction remaining from the determination under paragraph (2) shall have an additional member of the House of Representatives in accordance with such procedure shall be made to Changwats in respective order of fractions remaining from the determination until the number of 400 is obtained.
- Constituency shall be regarded by Changwat with a maximum of three seats, such Changwats shall be divided into constituencies in the number equal to such number of members of the House of Representatives as may be elected therein and, for this purpose, and each constituency shall have three members of the House of Representatives.
- If the Changwats inhabitants of a Changwat are not large enough to have three seats in every constituency; such Changwat shall be divided into constituencies in the equal obtained to such number of three members of the House of Representatives first, but the residual constituency shall have minimum of two members of the House of Representatives. Any Changwat can have four members of the House of Representatives to be obtained; such Changwat shall be divided into constituency in the number of two members of the House of Representatives as may be elected.
- In a Changwat which is divided into more constituencies than one, the boundary shall be adjoining and the inhabitants in each constituency must be closely apportioned.
- The country shall be divided into eight electoral Changwat, each consisting of contiguous Changwat shall be a constituency; each constituency shall have 10 seats of the House of Representatives.
- Grouping of the Changwat; the boundary of each Changwat shall be adjoining closely apportioned and as evidence the census announced in the year preceding the year of election; the hold Changwat obtain as one constituency.
- Consist of the names of candidates in the party-list that shall be elected in each constituency, and it shall be arranged in order to the number and be submitted to the Election Commission before the date an application for candidacy in an election on the constituency basis.
- The names of the party-list (1) shall not be repeated by the names of candidates in the election on the constituency basis of any parties, and to take into consideration of the opportunity, acceptable quota and the equality between men and women.
- Being of Thai nationality; provided that a person who has acquired Thai nationality by naturalization must hold the Thai nationality for not less than five years;
- Being not less than eighteen years of age on 1st January of the year of the election; and
- Having his or her name appears on the house register in the constituency for not less than ninety days up to the date of the election. A voter who has a residence outside the constituency, or his or her name appears in the house register in the constituency for the period of less than ninety days up to the date of the election, or who has a residence outside the Kingdom of Thailand shall have the right to cast ballot in an election in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and Senators.
- Being a monk, novice, Brahmin priest, or clergy;
- Being under suspension of the right to vote;
- Being detained by a warrant of the Court or by a lawful order;
- Being of unsound mind or of mental infirmity;
- Thai nationality by birth;
- Being not less than twenty five years of age on the Election Day;
- Being a member of any and only one political party, for a consecutive period of not less than ninety days, except in a general election following an unexpected House dissolution, in which case he or she is required to have been a registered member of a political party not less than thirty days continuously up to the date of an election;
- A candidate in an election on a constituency basis shall also possess any of the following qualifications:
- A person who stands for a patty-list basis shall have appearance either, or as follow (4). If any appearance concerning to any Changwat, it has to be a about group of Changwat.
- Having other qualifications as stipulated in the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.
- Being addicted to drugs;
- Being an undischarged bankrupt or having been bankrupt by fraud,
- Being a person with prohibitions to stand for election for a member of the House of Representatives under Section 101 (1), (2), or (4);
- Having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;
- Sentenced to imprisonment and having been discharged less than five years to the Election Day, except for negligence or minor offences committed through negligence;
- Having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;
- Having been ordered by a judgment or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;
- Being a Government official holding a permanent position or receiving salary except a political official;
- Being a member of a local council or being a local administrator,
- Being a member of the Senate, or have been a Senator; and the membership terminated less than 2 years;
- Being a member of a local assembly or a local administrator or employee of the State agency or State Enterprise;
- Being a judge of the Constitutional Court, an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State AuditCommission, a member of the National Human Right Commission;
- Suspended from holding political office under Section 263;
- Having been removed from office by the resolution of the Senate under section 274.
- Expiry of the term or dissolution of the House of Representatives;
- Disqualification under Section 101;
- Prohibition under Section 102;
- Acting in contravention of any prohibition under Section 265 or Section 266;
- Resignation from membership of his or her political party or his or her political party passes a resolution, with votes of not less than three-fourths of the joint meeting of the Executive Committee of that political party and members of the House of Representatives belonging to that political party, terminating his membership of the political party. In such case, his membership shall be deemed to have been terminated from the date of resignation or resolution of the political party, except when such member of the House of Representatives appeals to the Constitutional Court within 30 days from the date of the resolution of the political party raising objections that the resolution is of such nature as specified in Section 65 paragraph three. If the Constitutional Court decides that the said resolution is not of the nature as specified in Section 65 paragraph three, his membership shall be deemed to have been terminated from the date of the decision of the Constitutional Court. If the Constitutional Court decides that the said resolution is of such nature as specified in Section 65 paragraph three, that member of the House of Representatives may become a member of another political party within 30 days as from the date of the decision of the Constitutional Court;
- Loss of membership of political party in the case where the political party of which he is member is dissolved by an order of the Constitutional Court and he or she is unable to become a member of another political party within 60 days from the date on which the Constitutional Court issues its order. In such case, his or her membership shall be deemed to have been terminated from the day following the date on which such period of 60 days has elapsed;
- Senate passes a resolution under Section 274 removing him or her from office or the Constitutional Court takes decision terminating his or her membership under Section 91, or the Supreme Court of Justice issues an order under section 239, paragraph two. In such case, his membership shall be deemed to have been terminated as from the date on which the Senate passes the resolution or the Constitutional Court takes the decision, as the case may be;
- Remaining absent for more than one-fourth of the total number of days in a session, the length of which is not less than 120 days without permission of the president of the House of Representatives;
- Imprisoned by final judgment to a term or suspended term of imprisonment other than an offence committed through negligence or petty offence.
- In the case of vacancy in the office of a member of the House of Representatives elected through election on constituency basis, an election of member of the House of Representatives to fill up the vacancy shall be held within 45 days from the date of the vacancy unless the remainder of the term of the House of Representatives is less than 180 days.
- In the case of vacancy in the office of a member of the House of Representatives elected through election on proportional basis, the president of the House of Representatives shall by publication in the government gazette within seven days from the date of the vacancy, elevate the person whose name in the list of that political party is placed in the next order to replace the member of the House of Representatives.
PART 3 THE SENATE
- Being of Thai nationality by birth;
- Being of not less than forty years of age on the nomination day;
- Having graduated with not lower than a Bachelor’s degree or its equivalent;
- A person who applicants for Senator shall have such one or another characteristic as follows:
- Not an ancestors, spouse or child of the members of the House of Representative or holding any position by the political party;
- Not a member of any political party or holding any position by the political party, or if so, must have left no less than five years to the day of application or nomination;
- Not a member of the House of Representative or having been a member of the House of representative, and left no less than five years to the day of application or nomination;
- Not being under any of the prohibitions under section 102 (1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14);
- Not being a Minister or having been holding any position that not be the member of the local administrative or of the local official or having been and left no less than five years;
- expiration of the term of the Senate;
- being disqualified or being under any prohibitions under section 115;
- acting in contravention of any of the prohibitions under section 116, section 265, or section 266;
- the Senate passing a resolution under section 274 removing him or her from office, or the Constitutional Court having a decision terminating his or her membership under section 91, or the Supreme Court of Justice issuing the order under section 239, paragraph two, or section 240, paragraph three; in such case, his or her membership shall be deemed to have terminated as from the date of the resolution of the Senate or the decision of the Constitutional Court or the order of the Supreme Court of Justice, as the case may be;
- having been absent for more than one-forth of the number of days in a session, the length of which is not less than one hundred and twenty days without permission of the President of the Senate;
- having been sentenced by a final judgment to imprisonment, notwithstanding the suspension of the infliction of punishment, except for the suspension of the infliction of punishment for an offense committed through negligence, a petty offense, or an offense of defamation.
PART 4 PROVISIONS APPLICABLE TO BOTH HOUSES
- loss of membership of the House of which he or she is a member;
- holding a position of Prime Minister, Minister or other political official;
- being sentenced by a judgment to imprisonment even if the judgment is not final or regardless whether the sentence is a suspended or not, except for negligence, minor offences, or defamation.
- a sitting at which the Senate shall act as the National Assembly under section 19, section 21, section 22, section 23, and section 189, and the votes taken shall be based on the number of senators;
- a sitting at which the Senator shall consider having a person hold any office under applicable provisions of this Constitution;
- a sitting at which the Senate shall consider and pass a resolution removing a person from office.
PART 5 JOINT MEETINGS OF THE NATIONAL ASSEMBLY
- Approval of the appointment of Regent under Section 19;
- Declaration of the Regent under Section 21;
- Acknowledgement of amendments in the Palace Law regarding succession to the throne, B.E. 2497 under Section 22;
- Acknowledgement or approval of the succession to the throne under Section 23;
- Resolution to allow the National Assembly to discuss other matters during an ordinary legislative session under Section 127;
- Approval of prorogation of the session under Section 127;
- Opening of a session under Section 128;
- Enactment of regulations on the sitting of the National Assembly under Section 137;
- Approval to consider organic Bills or Bills under Section 145;
- Advising on Bills or organic Bills under Section 151;
- Approval to consider amendment to the Constitution, Bills, and organic Bills under Section 153 paragraph two;
- Announcement of policy under Section 176;
- Opening of a general debate under Section 179;
- Approving declaration of war under Section 189;
- Listening to clarification and approving a treaty under Section 190;
- Amending the Constitution under Section 291.
PART 6 LEGISLATING ORGANIC BILLS
- Organic Act on election of members of the House of Representatives and selection of the Senate;
- Organic Act on the Election Commission;
- Organic Act on political parties;
- Organic Act on referendum;
- Organic Act on the Constitutional Court’s procedure;
- Organic Act on the Ombudsman;
- Organic Act on the criminal procedure for holders of political positions;
- Organic Act on counter corruption;
- Organic Act on State audit.
- The Council of Ministers
- Members of the House of Representatives numbering not less than one fifth of the existing members in the House, or the combination of the House of Representatives and the Senate with members numbering not less than one fifth of the existing members of the two Houses combined; or
- The Constitutional Court, the Supreme Court, or statutory bodies, who are care-taker government under the relevant organic Act.
- In Stage 1, the vote concerns acceptance of the proposed Bill in principle. In Stage 2, the order of Sections is considered and the passage is based on a simple majority in each House.
- In Stage 3, the proposed Bill must receive votes exceeding one half of the existing members of each House for it to become an Act.
PART 7 LEGISLATIVE PROCESS
- Council of Ministers,
- Members of the House of Representatives of no fewer than 20,
- Courts or statutory agencies, only for laws connected with establishment of agencies and laws under the care of these agencies, or
- Eligible voters of no fewer than 10,000 who sign a petition to propose legislation under Section 163.
- Imposition, abolition, reduction, alteration, relief or regulations about taxes or duties;
- Appropriations, receipts, maintenance, spending of State moneys, or transfer of State budgets;
- Borrowing, guaranteeing, uses of loans, or commitment of State assets; and
- If the Senate agrees with the House of Representatives, the Senate shall proceed under Section 150;
- If the Senate does not agree with the House of Representatives, the Senate shall suspend the Bill and return it to the House of Representatives;
- If the Bill is amended, the Senate shall send the amended Bill to the House of Representatives. If the House of Representatives agrees with the amendment, the House of Representatives shall proceed under Section 150. In all other cases, each House shall appoint members and non- members of the respective Houses in equal numbers as specified by the House of Representatives to form a joint committee for considering the Bill. The joint committee shall jointly prepare a report and submit the Bill which it has considered to both Houses. If both Houses approve, the Bill shall move forward in accordance with Section 150. If either of the Houses disapproves, the Bill shall be suspended for the time being.
PART 8 CONTROL OF ENACTMENT CONTRAVENING THE CONSTITUTION
- If members of the House of Representatives, of the Senate, or the two Houses combined numbering not less than one-tenth of the existing members of the two Houses combined find anything contradicting the Constitution in the Bill, or if its passage is procedurally unconstitutional, they shall express their opinion to the President of the House of Representatives, the President of the Senate, or the President of the National Assembly as the case may be, and cause him or her to submit that opinion to the Constitutional Court for consideration and notify the Prime Minister without delay.
- If the Prime Minister thinks the said Bill contains something that is in conflict with this Constitution or is procedurally unconstitutional, he shall submit such opinion to the Constitutional Court for consideration and notify the President of the House of Representatives and the President of the Senate without delay.
PART 9 CONTROL OF THE ADMINISTRATION OF STATE AFFAIRS
CHAPTER VII CITIZEN PARTICIPATION People’s Direct Political Participation
- Where the Council of Ministers is of the opinion that certain action may affect the interests of the nation or people, the Prime Minister with the consent of the Council of Ministers may seek advice of the President of the House or of the Senate before announcing the referendum in the Government Gazette.
- Where there is a law requiring a referendum:
Chapter VIII Money, Finance and Budget
- Money for payment of the principal of a loan;
- Interest on a loan;
- Money payable in accordance with the law.
Chapter IX The Council of Ministers
- being of Thai nationality by birth;
- being not less than thirty five years of age;
- having graduated with not lower than a Bachelor’s degree or its equivalent;
- not being under any of the prohibitions under section 102 (1), (2), (3), (4), (6), (7), (8), (9), (11), (12), (13) or (14);
- having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment, except for an offense committed through negligence or a petty offense;
- not being a senator or having been a senator whose membership has terminated for not more than one year up to the date of the appointment as Minister.
- the termination of ministership of the Prime Minister under section 182;
- the expiration of the term or the dissolution of the House of Representatives;
- the resignation of the Council of Ministers.
- shall not exercise its power to appoint, transfer, dismiss, or have someone else perform the duties of a government official holding a permanent position or receiving a salary, or an official of a State agency, a State enterprise, or an enterprise, of which the State is a major shareholder, except with the approval of the Election Commission.
- shall not take any action requiring the spending of a reserve budget set aside for cases of emergency or necessity, except with the approval of the Election Commission.
- shall not take any action approving a work or project, or binding on the next Council of Ministers.
- shall not exploit the State’s resources or manpower in a way that will affect the results of the next election or be in contradiction to the rules and regulations of the Election Commission.
- being sentenced to imprisonment even though the case has not been finalized, or in the case of the suspension of a jail term, except for such a case being an offense committed through negligence, a petty offense, or an offense of defamation;
- being sentenced by a judgment to imprisonment;
- the passing of a vote of no-confidence by the House of Representatives under section 158 or section 159;
- the issuance of a Royal Command for the removal of a Minister from his or her office under section 183;
- having done an act prohibited by section 267, section 268, or section 209;
- being removed from office by a resolution of the Senate under section 274.
CHAPTER X THE COURTS
PART 1 GENERAL PROVISIONS
PART 2 CONSTITUTIONAL COURT
- three Judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;
- two Judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;
- two qualified persons in law with thorough knowledge and expertise of law, to be selected under Section 206;
- two qualified persons in political science, public administration, or other social sciences with thorough knowledge and expertise in public administration, to be selected under Section 206.
- Being of Thai nationality by birth;
- Being not less than forty five years of age;
- Having been, in the past, a Minister, an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a member of the National Counter Corruption Commission or a member of the State Audit Commission, or having served, in the past, in a position of not lower than Deputy Prosecutor General, Director-General or its equivalent, or holding a position of not lower than Professor, or a lawyer of at least thirty years of continuous experience from the day of nomination;
- Not being under any of the prohibitions under Section 100 or Section 102 (1), (2), (4), (5), (6), (7), (13), or (14);
- Not being a member of the House of Representatives, Senator, political official, member of a local assembly or local administrator;
- Not being or having been, in the past, a member or holder of other position of a political party over the period of three years before taking of office;
- Not being an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission, or a member of the National Human Rights Commission.
- There shall be a Selection Committee for Judges of the Constitutional Court consisting of the President of the Supreme Court of Justice, the President of the Supreme Administrative Court, the President of the House of Representatives, the Opposition Leader, and one President to be selected from and among the Presidents of the statutory Independent Bodies. The Selection Committee thus formed shall select and elect the qualified persons under Section 204 (3) and (4) within thirty days from the date when selection and election has to be made and submit a name- list of those selected with their consent to the President of the Senate. The decision of the selection process is made by an open ballot and must have a vote of no less than two-third of the total number of the existing Committee members. If there are some vacancies in the Committee or if there are members but these cannot perform duties, if there are fewer than one half, the members available shall constitute the Selection Committee;
- The President of the Senate shall convoke the Senate for a sitting for the purpose of passing persons of approval of the selected under (1) within 30 days from the date of receiving the name list. The vote shall be by secret ballot. If the Senate approves, the President of the Senate submits the name(s) to the King for appointment. Otherwise, in part or in whole, the President of the Senate shall send the names of those rejected back to the Selection Committee for the Constitutional Court, complete with reasons. If the Selection Committee agrees with the rejection, then the Senate shall renew the search. If the Selection Committee disagrees and resolves to confirm the original resolution with unanimous votes, the President of the Senate shall submit the name to the King for appointment.
- be a Government official holding a permanent position or receiving a salary;
- be an official or employee of a State agency, State enterprise or local government organization or a director or adviser of a State enterprise or State agency;
- hold any position in a partnership, a company or an organization carrying out business with a view to sharing profits or incomes, or be an employee of any person;
- engage in any independent profession.
- being of seventy years of age;
- being disqualified or being under any of the prohibitions under Section 205;
- having done an act in violation of Section 207;
- the Senate passing a resolution under Section 274;
- being sentenced by a judgment to imprisonment even if the judgment is not final or the sentence is suspended except for negligence, minor offences, or defamation.
- In the case of a Justice of the Constitutional Court who was selected at the general meeting of the Supreme Court of Justice, Section 204 shall apply within 30 days from the date of vacating office;
- In the case of a Justice of the Constitutional Court who was selected at the general meeting of the Supreme Administrative Court, Section 204 shall apply within 30 days from the date of vacating office;
- In the case of a Justice of the Constitutional Court under Section 204 (3) or (4), Section 206 shall apply within 30 days from the date of vacating office.
PART 3 COURTS OF JUSTICE
- President of the Supreme Court of Justice as Chairman,;
- Qualified members of all levels of Courts: six from the Supreme Court, four from the Appellate Courts, and two from the Courts of First Instance, who are judges of each level of Courts and elected by judicial officials of all level of Courts;
- Two qualified members who are not or were not judicial officials and who are elected by the Senate.
PART 4 ADMINISTRATIVE COURTS
- President of the Supreme Administrative Court as Chairman;
- Nine qualified members who are administrative judges and elected by administrative judges among themselves;
- Three qualified members, two of whom are elected by the Senate and the other by the Council of Ministers.
PART 5 MILITARY COURTS
CHAPTER XI ORGANIZATIONS UNDER THE CONSTITUTION
PART 1 INDEPENDENT ORGANIZATIONS UNDER THE CONSTITUTION
- Aged not less than 40 years;
- Having graduated with not lower than a Bachelor’s degree or its equivalent;
- Having qualifications and not having prohibitions listed in Section 205 (1), (4), (5), and (6);
- Not being a Justice of the Constitutional Court, Ombudsman, Commissioner of the National Counter Corruption Commission, Commissioner of the State Audit, or Commissioner of the National Human Rights Commission.
- There shall be a seven-member Selection Committee for Election Committee, consisting of President of The Constitutional Court, President of the Supreme Court of Justice, President of the Supreme Administrative Court, President of the House of Representatives, Opposition Leader of the House of Representatives, member that appointed by the committee of the Supreme Administrative Court. The Selection Committee shall select 3 suitable candidates with qualifications under Section 230 and submit the name list to the President of the House of Representatives with the nominees’ consent. The resolution must be not less than 2 of 3 in favor. Where the Selection Committee is not complete in number, or if complete, but cannot perform, providing the remaining members represent at least half of the Selection Committee, the Selection Committee shall proceed and select Election Commissioners. In this case the section 113 paragraph 3 shall apply mutatis mutandis.
- Persons which selected by the general meeting of the Supreme Court under paragraph one shall not be judges of the Supreme Court and shall not holder of other position in statutory agencies of the Constitution.
- The general meeting of the Supreme Court of Justice shall consider selecting 2 qualified persons under Section 230 and present the name list to the President of the Senate with the consent of the nominees.
- The selection in (1) and (2) shall be done within 30 days from the date when the selection has to occur. Where it is not possible to do the selecting within the specified time, or not able to find the complete number of persons within the time limit in (1), the general meeting of the Supreme Court of Justice shall select the remaining within 15 days from the expiry date in (1).
- The President of the Senate shall convoke the Senate to decide on the nominees in (1), (2), or (3), which must be done by secret ballot.
- Where the Senate approves the nominees the procedure shall be applied under (6). Where the Senate disapproves the nominees in part or in whole, the President of the Senate shall send the names of the rejected candidates to the Selection Committee or the general meeting of the Supreme Court of Justice as the case may be. If the Selection Committee approves the nominees, or the general meeting of the Supreme Court of Justice agrees with the resolution of the Senate, whichever case may be. If the Selection Committee or the general meeting of the Supreme Court of Justice disagrees with the Senate’s resolution and unanimously affirms the Selection Committee’s choice with a vote of not less than two- thirds of the general meeting of the Supreme Court of Justice, as the case may be, the name list shall be sent back to the Senate to proceed according to (6). If the affirms are not unanimously or the vote cannot be at assign; the procedure shall recommence and make the nomination to obtain the complete number within 30 days as from the date of the expiration of the nomination time.
- The persons approved under (4) or (5) shall meet and elect among themselves Chairman of the Election Commission and, then, notify the President of the Senate of the results. The President of the Senate shall report to the King for royal appointment.
- To make announcement or lay out all the necessary procedures in accordance with Section 235 paragraph 2, including the procedure for election campaigns and other activities by political parties, for electoral candidates, electoral eligibilities so that the elections can carry on honestly and fairly; laying the guidelines for the State in promoting a level playing field for elections and equal opportunities in campaigning;
- To set out rules on prohibitions for Council of Ministers and Ministers while in office to ensure performance of duties under Section 181, considering public interests and honesty, impartiality, equality, and equal opportunities to be elected;
- To set out measures and control of political contributions, financial support by the State, the use of funds by political parties and electoral candidates, open audit of the accounts of political parties, monitoring of spending and revenue for use in voting;
- To give orders instructing Government officials, officials or employees of a State agency, State enterprise or local government organization or other State officials to perform all necessary acts under the laws referred to in Section 235 paragraph 2;
- To conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the laws referred to in Section 235 paragraph two;
- To order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;
- To announce the results of an election and the voting in a referendum;
- To promote and support or coordinate with the State agencies, State enterprises or local government or support private organization, to educate people about democracy type that Thailand adopts a democratic regime of government with the King as Head of the State, and to promote people participation in the politics;
- To perform other acts as provided by law.
- any objection from a voter, a candidate in an election, or a political party with a member running in any of the constituencies, who established that the election in that constituency was conducted erroneously or unlawfully;
- any objection from a selected or member of different organizations as specified in Section 114 para one who established that the selection of Senators was conducted erroneously or unlawfully;
- convincing evidence has appeared that any member of the House of Representatives, the Senate, a member of a local assembly, or a local administrator, before being elected, committed a dishonest act that enabled him to get elected, or was dishonestly elected because of an act committed by any person or political party in violation of the organic act on election of members of the House of Representatives and the taking of office of Senators, the organic law on political parties, or the law on election of members of local assemblies and local administrators;
- Convincing evidence has appeared that the voting in a referendum did not proceed lawfully, or an objection has been raised by a voter by reason that the voting at any polling station was conducted erroneously or unlawfully.
- to consider and inquire into a complaint for fact-finding in the following cases:
- to take action in connection with the moral conduct of persons holding political positions and State officials in accordance with the provisions of Section 279 para three and Section 280.
- to prepare reports for and submit opinions and suggestions to the National Assembly. Such reports shall be published in the Government Gazette and made available to the general public.
- to report results of investigation and performance as well as observations to the Cabinet, House of Representatives, and Senate annually and the said reports shall be published in the Government Gazette. Actions under (1) a (b) and (c) shall be taken by the ombudsmen after having received complaints from injured persons. The ombudsmen may decide to launch an investigation into any matter that is deemed to be detrimental to the general public or the public interest.
- questions over the constitutionality of the provisions of any law have arisen; in such cases the ombudsmen shall request without delay the Constitutional Court’s judgment in accordance with the procedures of the Constitutional Court.
- questions over the constitutionality or legitimacy of regulations or orders or actions taken by persons under Section 244 (1) (a) have arisen; in such cases, the ombudsmen shall request without delay the Administrative Courts’ judgment in accordance with the procedures of the Administrative Courts.
3 National Counter Corruption Commission
- to inquire into the facts, summarize the case, and prepare a verdict to be submitted to the Senate according to Section 272 and Section 279 para three;
- to inquire into the facts, summarize the case, and prepare a verdict to be submitted to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions in accordance with Section 275;
- to investigate and decide whether a state official who holds an executive post or a Government official who holds a position from the Director level upwards or the equivalent has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office, including any state official or Government official at lower level who has colluded with the said state official or Government official to commit a wrongful offence or other offences that the National Counter Corruption Commission deems appropriate to investigate and decide the case in accordance with the Organic Act pertaining to the National Counter Corruption Commission.
- to inspect the accuracy, actual existence, as well as change of assets and liabilities of persons holding positions under Section 259 and Section 264 as stated in the account and supporting documents submitted;
- to supervise and observe the ethics of persons holding political positions;
- to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives, and the Senate annually and to publish that report in the Government Gazette and disseminate it to the public; and
- to carry out other actions as provided by the law.
4 State Audit Commission
PART 2 OTHER ORGANIZATIONS UNDER THE CONSTITUTION
1 Prosecution Organization
2 National Human Rights Commission
- to examine and report the commission or omission of acts which violate human rights or which do not comply with obligations under international treaties to which Thailand is a party, and propose appropriate remedial measures to the person or agency committing or omitting such acts to be acted upon. In the case where it appears that no action has been taken as proposed, the commission shall report to the National Assembly for further proceeding;
- to submit to the Constitutional Court any complaints received and an assessment of the provisions of the law that affect human rights and are inconsistent with the provisions of the Constitution;
- to propose to the Administrative Courts any complaints received and an assessment of any regulations, orders, or other actions that affect human rights and are inconsistent with the provisions of the Constitution;
- to file lawsuit with the court of justice on behalf of the injured when requested and deemed appropriate to solve problems of public human rights violation as specified by law;
- to suggest policy and recommendation to revise laws, regulations to the national Assembly and the Council of Ministers to promote and protect human rights
- to promote education, research and dissemination of information on human rights;
- to promote cooperation and coordination among government agencies, private organizations, and other organizations in the field of human rights;
- to prepare an annual report for the appraisal of situations in the sphere of human rights in the country and submit it to the National Assembly;
- other powers and duties as provided by the law.
3 National Economic and Social Advisory Council
CHAPTER XII INSPECTION OF THE EXERCISE OF STATE POWER
PART 1 SCRUTINY OF ASSETS
- Prime Minister;
- Member of the House of Representatives;
- Other political official;
- Local administrator and member of a local assembly as provided by law.
- Taking office: within 30 days as from the date of taking office;
- Vacating office: within 30 days as from the date of the vacation;
- In the case where the person under Section 259, who has already submitted the account, dies while being in office or before submitting the same after vacating office, an heir or an administrator of an estate of such person shall submit an account showing the particulars of assets and liabilities existing on the date of such person’s death within 90 days as from the date of the death.
PART 2 ACTS DETRIMENTAL TO PUBLIC INTERESTS (ACTS OF CONFLICT OF INTEREST)
- Not hold any position or have any function in any Government agency, State agency or State enterprise; or hold a position of member of a local assembly, be a local administrator or local government official;
- Not receive, interfere, or intervene in the granting of any concession from the State, a State agency or State enterprise; or be a partner in contract in business with the attributes of economic monopoly with the State, a State agency or State enterprise; or a be a partner or shareholder in a partnership or company receiving such concession or be a party to the contract of that nature, directly or otherwise;
- Not receive any special money or benefit from any State enterprise, over and above what the State agency or State enterprise pays to other persons in the normal course of business;
- Not violated that prohibited by the section 48;
- Performance of civil service, or performance of routine duties of a civil servant, staff or employee of a civil service agency, State agency, State enterprise, business in which the State holds a majority stake, or local government;
- Recruitment, appointment, reshuffle, transfer, promotion, and salary increase of a Government official holding a permanent position, receiving a salary and not being a political official, an official or employee of State agency, State enterprise, and business with the State as a majority stakeholder, or local government organization; or
- Removal from office of a Government official holding a permanent position, receiving a salary and not being a political official, an official or employee of State agency, State enterprise, and business with the State as a majority stakeholder, or local government organization.
PART 3 REMOVAL FROM OFFICE
- Judge of the Constitutional Court, Election Commissioner, Ombudsman, and member of the State Audit Commission;
- Judge, public prosecutor or high-ranking official in accordance with the organic Act on counter corruption.
PART 4 CRIMINAL PROCEEDINGS AGAINST PERSONS HOLDING POLITICAL POSITIONS
CHAPTER XIII MORALITY OF PERSONS HOLDING POLITICAL POSITIONS, GOVERNMENT OFFICIALS
CHAPTER XIV LOCAL GOVERNMENT
- Management, preservation, and exploitation of natural resources and environment in the area of the locality;
- Participation in the preservation of natural resources and environment outside the area of the locality only in the case where the living of the inhabitants in the area may be affected;
- Participation in considering an initiation of any project or activity outside the area of the locality which may affect the quality of the environment, health, or sanitary conditions of the inhabitant in the area.
- Participation of the people in the locality.
CHAPTER XV AMENDMENT OF CONSTITUTION
- A motion for an amendment must be proposed either by the Council of Ministers or members of the House of Representatives numbering not less than one-fifth of the total number of the existing members of the House of Representatives or members of both Houses numbering not less than one-fifth of the total number of existing members thereof or not less than 50,000 eligible voters in accordance with the law on a petition for the proposal of bills. A motion for an amendment that has the effect of changing the democratic regime of government with the King as Head of the State or changing the form of the State shall be prohibited;
- A motion for amendment must be proposed in the form of a draft Constitution Amendment, and the National Assembly shall consider it in three readings;
- the voting in the first reading for acceptance in principle shall be by roll call and open voting, and the amendment must be approved by votes numbering not less than one-half of the total number of the existing members of both Houses;
- the consideration in the second reading shall be made section by section and a public hearing shall be held to seek viewpoints from voters who have proposed the amendment; The voting in the second reading for consideration section by section shall be decided by a simple majority of votes;
- at the conclusion of the second reading, there shall be an interval of fifteen days, after which the National Assembly shall proceed with its third reading;
- the voting in the third and final reading shall be by roll call and open voting, and its promulgation as the Constitution must be approved by votes of more than one-half of the total number of existing members of both Houses;
- after the resolution has been passed in accordance with the aforementioned rules and procedures, the draft Constitution Amendment shall be presented to the King, and the provisions of Section 150 and Section 151 shall apply mutatis mutandis.
- The organic Act on the Ombudsmen B.E. 2542 (1999) – President of the Ombudsmen shall serve as the caretaker under this organic Act.
- The organic Act on Counter Corruption B.E. 2542 (1999) – President of the National Counter Corruption Commission shall serve as the caretaker under this organic Act.
- The organic Act on State Audit B.E. 2542 (1999) – President of the State Audit Commission shall serve as the caretaker under this organic Act.
- The organic Act on the Criminal Procedures against Persons Holding Political Positions B.E. 2542 (1999) – President of the Supreme Court of Justice shall serve as the caretaker under this organic Act.
- Laws pertaining to the determination of details about promotion and protection of rights and liberties under section 40 and section 44, laws pertaining to provisions under Part 7/Liberty of Expression of Individuals and Media), Part 8/Education Rights and Liberties, Part 9/Right to Receive Public Health and Welfare Services from State, Part 10/Right to Receive Information and Lodge Complaints (including a law on individual information under section 56), and Part 12/Right to Assembly, a law on independent consumer protection under section 61 paragraph two, a law on independent council of political development under section 78 (7), a law on independent law reform body under section 81 (4), a law on council of farmers under section 84 (8), a law on the establishment of people’s political development funds under 87 (4), and a law on the National Human Rights Commission under section 256 within one year as from the date of the statement of policies (by the Council of Ministers) to the National Assembly under section 176;
- Law on the development of national education under section 80 with focuses on formal education, informal education, self-determined education, self study, lifelong learning, and community college or other forms, including adjustments to relevant laws for the setting up of agency responsible for educational management that is suitable for and consistent with every level of educational system of the fundamental education, within one year as from the date of the statement of policies to the National Assembly under section 176;
- Law pertaining to the provision under section 190, paragraph five, at least with the details on the procedure of the conclusion of treaty, which ensures the checks and balances between the Council of Ministers and the National Assembly, transparency, efficiency, and popular participation, and also with the details on independent study and research carried out before the negotiation of the treaty without a conflict of interest between the State and the researcher at any time during the enforcement of the treaty, within one year as from the date of the statement of policies to the National Assembly under section 176;
- Laws pertaining to section 86 (1) and section 167, paragraph three within two years as from the date of the statement of policies to the National Assembly under section 176;
- Laws pertaining to the determination of plan and procedure of decentralization, local revenue, establishment of local government organizations, local government officials, and others under Chapter 14, Local Government, in accordance with what is prescribed by this Constitution within two years as from the date of the statement of policies to the National Assembly under section 176. Theses laws shall also be enacted in the form of a local code.
- Provisions under section 47 paragraph two shall not be enforced until the enactment of a law on the establishment of an independent state agency in charge of the allocation of frequencies and the supervision of radio and television broadcasting and telecommunication businesses, which shall be made no later than 180 days after statement of the government’s policy to the National Assembly. The law shall at least specify provisions concerning formation of specific committees as separate entities inside the organization to supervise radio and television broadcasting and to supervise telecommunications businesses and include provisions to supervise and protect the businesses, establish communication resource development fund and promote public participation in public mass communication. This law shall not affect the concessions or contracts that have been granted or made before the promulgation of this Constitution until such concessions and contracts expire.
- By virtue of Section 296 paragraph 3, the provisions of Section 102 (10) specifically concerning the status of being a Senator, Section 115 (9) and Section 116 paragraph 2 shall not apply to the election of members of the House of Representatives and their assumption of political positions for the first time under this Constitution.
- Provisions of Section 141 shall not apply to the enactment of the organic law under Section 295.
- Provisions of Section 167 paragraphs 1and 2 two, Section 168 paragraph 9, Section 169 only on the specification of source of income to reimburse the prepaid expenditure , and Section 170 shall not apply for one year after the promulgation of this Constitution.
- Any action concerning the preparation and observation of any treaty that has already been concluded before the promulgation of this Constitution shall proceed and Section 190 paragraph 3 shall not apply to this. Section 190 paragraph three shall apply only to unfinished action that has to be proceeded.
- Provisions of Section 209 (2) shall not apply to the National Human Rights Commission, whose members are still holding office on the date of promulgation of this Constitution.
- Provisions of Section 255 paragraph 5 and Section 288 paragraph 3 shall not apply for a period of one year as from the date of promulgation of this Constitution.