Translation:Constitution of the Kingdom of Thailand, 2489 Buddhist Era
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Constitution of the Kingdom of Thailand
Ananda Mahidol
Enacted on the 9th day of May 2489 Buddhist Era[1]
Being the 13th year of the present reign
Let good happen![2] The time of the divine Buddhist religion has become the past for 2489 years! At the present moment, it is, in the lunar fashion, the 9th day of the waxing moon, the month of Visākha,[3] the year of the Canine,[4] or, under the solar calendar, the day of Jīva,[5] the 9th solar day of the month of the Coming of the Bull.[6] The time has thus been determined![7]
Somdet Phra Chaoyuhua Ananda Mahidol[8] makes His appearance at the Divine Hall of Eternal Union[9] amidst a full assembly of senior and junior members of the royal family, corps of diplomats representing various countries, House of Representatives Members, and military and civil royal officers, who, in unison and in sequence, are in attendance by the side of His lotus feet.[10]
With His gracious pleasure, He orders that it be announced as follows: Phra Bat Somdet Phra Paramin Maha Prajadhipok, Mahantadechanadilok Ramathibodi, Phra Pok Klao Chaoyuhua,[11] granted His public servants and people a great opportunity to have a say and play a part in improving the Thai Country according to their right ideology for the prosperity of Hers in the future, by conferring [upon them] with His gracious pleasure on the 27th day of June 2475 Buddhist Era an interim Constitution for the public administration, just for enabling the House of Representatives and the Committee to organise the work of governance suiting the change. Later on, He, with His pleasure, ordered the House of Representatives to discuss together and further draft a Constitution of the Kingdom of Thailand which should stay stable as an eternal pillar of the process of governance in time to come. The House of Representatives thus established a Subcommittee to draw a draft of such Constitution up.
After the Subcommittee had well and successfully fulfilled His mandate and repaid His benevolence by composing the permanent Constitution and introducing it to the House of Representatives, and [after] the House of Representatives had considered, discussed, and voted upon it and humbly presented its advice to Him, He reviewed it with care and thoroughness before giving a great royal command by which He declared to all an order that [it] be enacted [as] a Constitution of the Kingdom of Thailand and be promulgated from the 10th day of December 2475 Buddhist Era[12] onwards.
Later on, Nai[13] Pridi Banomyong,[14] who at that time held the position of Regent, exchanged remarks with Nai Khuang Aphaiwong,[15] Prime Minister, saying it had been fourteen years since the great divine monarch granted this Constitution of the Kingdom of Thailand to the Thais, and even though the administration under the regime of democracy, of which the Constitution was the pillar, had brought about to the Country prosperity in a great many forms, and although it was true that the people had well appreciated the benefit of this regime of administration, the situations of the Nation had changed a good deal, and now came the time to rescind the transitory provisions existing in that Constitution and revise the Constitution of the Kingdom of Thailand. The Prime Minister then brought the matter to confer and consult with the 2nd Type Members of the House of Representatives as well as the Party of the Promoters of the Request for the Granting of the Constitution.[16] After they had discussed and agreed with each other, the ministry of Nai Khuang Aphaiwong[17] introduced to the House of Representatives on the 19th day of July 2488 Buddhist Era[18] a motion for establishing a Select Committee to consider, research, and investigate as to how the Constitution of the Kingdom of Thailand ought to be revised so as to make it suit the situations of the Country and make the administration under the regime of democracy more perfectly successful.
The House of Representatives thus created a Select Committee to consider, research, and investigate about the Constitution as per the above suggestion. This Committee carried out its business throughout the tenures of the ministries of Nai Khuang Aphaiwong, Nai Thawi Bunyaket,[19] and Momratchawong Seni Pramoj.[20]
Later, the ministry of Momratchawong Seni Pramoj set up a Committee to collect opinions and draw up provisions to form a draft constitution. After this Committee had completely completed [the draft], the Council of Ministers examined and edited it further before referring it to the Council of Regency. The Regents then held a meeting for conferring and consulting with the 2nd Type Members of the House of Representatives and the Party of the Promoters of the Request for the Granting of the Constitution. The meeting established a Committee to consider [the draft]. Once the Committee had examined and edited [the draft], the 2nd Type Members of the House of Representatives introduced a motion for amending the Constitution of the Kingdom of Thailand to the House of Representatives. Having considered [the motion] and resolved to adopt its principle, the House of Representatives set up a Select Committee.
Now, the Select Committee of the House of Representatives has finished examining and editing the provisions of the draft constitution and has introduced [the draft] to the House of Representatives, [and] the House of People's Representatives has completely considered it and humbly presented it to [His Majesty]. Having reviewed it with care and thoroughness, He conceives an opinion that His people are highly versed in the administration of the State, capable of leading their own Nation along the walk towards the universal civilisation of the World with ease.
Therefore, He gives a great royal command by which He declares to all, by and with the advice and consent of the House of Representatives, that the present Constitution of the Kingdom of Siam be enacted, promulgated, and directed to come into force from the 10th day of May 2489 Buddhist Era onwards, and that this amended Constitution be applied in place of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, the Constitution Amendment on the Name of the Country, 2482 Buddhist Era, the Constitution Amendment on Transitory Provisions, 2482 Buddhist Era, and the Constitution Amendment on Elections of Members of the House of Representatives, 2485 Buddhist Era.
May this Constitution of the Kingdom of Thailand be a sound and stable pillar endowed with excellent efficacy. May it be a wellspring of well-being, promising peace, and grandiose glory for the people in perpetuity. May it lead the Thai Country to the achievement of all the various types of thriving triumph, all the diverse favourable outcomes, and immense and immortal fame. May the people under His authority be unanimously united in preserving and observing this Constitution of the Kingdom of Thailand, in order that it should stay beside the State of Thailand, the Royal Land, till the end of the epoch, in accordance with His great royal wish. May all of this be true!
Section1.Thailand is one and whole kingdom incapable of division.
The Thai people, regardless of their origins or religions, are equally under the protection of this Constitution.
Section2.The sovereign power does come from all the Thai people. The Monarch, who is the Head [of State], exercises such power only by virtue of the provisions of this Constitution.
Section3.The person of the Monarch dwells in the position of revered worship, which shall no one violate.
Section4.The Monarch must be a devotee of the Buddha and is the supreme patron of religions.
Section5.The Monarch holds the position of Head of the Thai Armed Forces.
Section6.The Monarch exercises the legislative power through the National Assembly.
Section7.The Monarch exercises the executive power through the Council of Ministers.
Section8.The Monarch exercises the judicial power through the courts.
Section9.Succession to the throne shall be in accordance with the gist of the Palace Law on Succession, 2467 Buddhist Era, together with the approval of the National Assembly.
Section10.Whenever the Monarch is to not reside in the Kingdom or, for any reason, is to be unable to handle His royal burdens, He will, with the approval of the National Assembly, appoint to regency a single person or several persons collectively. If the Monarch has not appointed or is unable to appoint [any Regent], the National Assembly shall discuss together and appoint [any Regent], and whilst no one has yet been appointed by the National Assembly, three oldest Members of the Chamber of Elders shall compose a temporary Council of Regency.
Section11.In the event that the royal throne becomes vacant and no Regent has been appointed in accordance with the stipulations of section 10, three oldest Members of the Chamber of Elders shall compose a temporary Council of Regency.
Section12.Persons are of equal status under the law. No rank of a social estate, [whether obtained] by birth, by appointment, or by any other means, shall give rise to any kind of privilege at all.
Section13.Persons do have full freedom to profess any religion or ideology, and do have freedom to perform rituals according to their own believes, when these are not adverse to the duties of the citizens and are not contrary to public peace and order or morals.
Section14.Persons do have full freedom of the person, abode, property, speech, writing, printing, publication, education, public assembly, establishment of associations, establishment of political parties, and occupation; however, this is subject to the provisions of the law.
Section15.Persons do have the right to petition, subject to the conditions and procedure provided by the law.
Section16.Persons have the duty to respect the law and have the duty to defend the Country and assist the public sector by means of paying taxes and other [means], subject to the conditions and according to the procedure provided by the law.
Section17.The National Assembly[21] is composed of the Chamber of Elders[22] and the Chamber of Deputies,[23] whether in session separately or jointly.
Section18.All bills shall only be enacted into laws by and with the advice and consent of the National Assembly.
Section19.No act shall be enacted as a law which retroactively inflicts a criminal punishment upon a person.
Section20.A bill which the National Assembly has finished drawing up shall be brought and presented to [the Monarch] by the Prime Minister in order that the Monarch would sign it, and once it has been published in the Royal Gazette, it shall become applicable as a law.
Section21.If the Monarch disapproves such a bill and gives it back to the National Assembly within one month counted from the day it was brought and present to Him by the Prime Minister or He fails to give it back to the National Assembly within such one month, the National Assembly must discuss it anew. If the National Assembly resolves to reaffirm it, the Prime Minister shall bring and present it to [the Monarch] once again. When the Monarch fails to sign it and give it back within fifteen days, the bill shall be published in the Royal Gazette by the Prime Minister and become applicable as a law.
Section22.All bills can be proposed by the Council of Ministers or by Members of the Chamber of Deputies.
Section23.No person shall be a Member of the Chamber of Elders and Chamber of Representatives at the same time.
Section24.The Chamber of Elders is composed of Members who are eighty in number, elected by the people.
The Members of the Chamber of Elders must not be regular public servants.
Elections of Members of the Chamber of Elders shall be conducted by means of indirect and secret ballot.
Section25.Qualifications of electoral candidates and electors, as well as the electoral criteria and procedure, shall be in accordance with the law on elections of Members of the Chamber of Elders. However, the electoral candidates must at least be of the age not lower than full forty years, and have had for not less than five years the academic standing not lower than a bachelor's degree or an equivalent, or have once held a public position not lower than head of a division or an equivalent, or have once been Members of the Chamber of Deputies or Members of the House of Representatives.
Section26.The memberships in the Chamber of Elders are subject to a time limit of six years each. Only in the initial period, one half of the Members shall, upon completion of a limit of three years, be replaced by means of sortition, but the retired persons have the right to be elected back again.
If a position of Member becomes vacant for any other reason than retirement by rotation, the National Assembly shall select a person having the qualifications according to the stipulations of section 25 as a replacing Member, subject to the procedure designated in the law on elections of Members of the Chamber of Elders. The Member thus admitted for the purpose of replacement does remain in the position only for a period equivalent to the time limit governing the person replaced by him.
Section27.A membership in the Chamber of Elders terminates upon—
(1)retirement by rotation;
(2)death;
(3)resignation;
(4)lack of a qualification according to the law on elections of Members of the Chamber of Elders.
Section28.During dissolution of the Chamber of Deputies, no meeting of the Chamber of Elders shall be held.
Section29.The Chamber of Deputies is composed of Members elected by the people in accordance with the law on elections of Members of the Chamber of Deputies.
The Members of the Chamber of Deputies must not be regular public servants.
Elections of Members of the Chamber of Deputies shall be conducted by means of direct and secret ballot.
Section30.Qualifications of electors and electoral candidates, as well as the electoral criteria and procedure and the number of the Members, shall be in accordance with the law on elections of Members of the Chamber of Deputies.
Section31.Each Chamber of Deputies lasts for a term of four years.
If a position of Member becomes vacant for any other reason than retirement upon expiry of the Chamber or dissolution of the Chamber, a replacing Member shall be elected within a time limit of ninety days, save where the remaining term of the Chamber is less than six months. The Member thus admitted for the purpose of replacement does remain in the position only for a period equivalent to the time limit governing the person replaced by him.
Section32.The Monarch wields the prerogative to dissolve the Chamber of Deputies in order to enable the people to elect its Members anew. In the royal decree for dissolution of the Chamber, the election of new Members must be scheduled to be conducted within ninety days.
Dissolution of the Chamber of Deputies can only be done once for a single event.
Section33.A membership in the Chamber of Deputies terminates upon—
(1)retirement upon expiry of the Chamber or dissolution of the Chamber;
(2)death;
(3)resignation;
(4)lack of a qualification according to the law on elections of Members of the Chamber of Deputies.
Section34.A Member of the Chamber of Deputies has the right to propose a motion, which is seconded by not less than twenty-four Members, for opening a general debate so as to pass a resolution of no confidence upon the Ministers individually or collectively. In such event, the resolution shall not be passed on the same day as the day of discussion.
Section35.Prior to assuming duties, Members of the Chamber of Elders and Chamber of Deputies must affirm at a meeting of the chamber to which they belong, that they will preserve and observe the Constitution.
Section36.Members of the Chamber of Elders and Chamber of Deputies do represent all the Thai people without being subject to any mandate or commitment, and must perform the duties according to their own wholehearted opinion and for the common benefit of all the Thai people.
Section37.The Monarch appoints [from amongst] the Members of the Chamber of Elders and Chamber of Deputies one as the President of [either] chamber and one or several as Vice Presidents [of the same], according to a resolution of such chamber.
Section38.The President of the Chamber of Elders and President of the Chamber of Deputies have the duty to carry out the affairs of their own chamber in accordance with the rules. The Vice Presidents have the duty to execute affairs on behalf of their President whenever the President is absent or unable to perform his duty.
Section39.Whenever the President and Vice Presidents of the Chamber of Elders or Chamber of Deputies are absent from a meeting, the Members of such chamber shall elect [one amongst] themselves as the president of that meeting.
Section40.At every meeting of the Chamber of Elders or Chamber of Deputies, the Members in attendance must not be less than one third of the total number of the Members in order that a quorum be met.
Section41.The passage of a resolution for ruling upon a discussed issue shall adhere to the majority of votes as the rule, save in the businesses for which this Constitution has special provisions.
One Member does have one vote in voting. If there is a tie in the number of votes, the president of the meeting shall be able to give one additional vote as a casting vote.
Section42.At a meeting of a chamber, it is an 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. No one shall take it as a ground for filing a proceeding or denunciation against such Member in any manner.
This privilege extends its protection to those who print and publish meeting proceedings upon the order of a chamber, and also extends its protection to those who are invited by a chamber to state facts or express opinions at its meetings.
Section43.The sessions of the Chamber of Elders and Chamber of Deputies do commence and terminate simultaneously.
Section44.In each year, both chambers have one or several sessions as may be designated by the Chamber of Deputies. The first meeting must be designated in such a manner that allows the Members to meet within thirty days counted from the election day. It shall be the Chamber of Deputies that designates the day of commencement of an annual session.
Section45.Each ordinary session lasts for a time limit of ninety days, but the Monarch may allow extension thereof.
Furthermore, during such period of ninety days, He may allow closure of the session.
Section46.The Monarch convenes the Chamber of Elders and Chamber of Deputies according to their sessions. He opens and closes their sessions.
He may come to perform the ceremony of opening a session or may allow the Heir to the Throne who has already attained majority or any particular person to execute the ceremony on His behalf.
Section47.When it is necessary for the benefit of the State, the Monarch may convene an extraordinary session of both chambers.
Section48.Members of both the Chamber of Elders and the Chamber of Deputies, or Members of each chamber, whose number is not less than one third of the number of the Members of both chambers, have the right to subscribe a request that an application be made to [the Monarch] for convening an extraordinary session of the two chambers.
Such a request as said in the previous paragraph shall be filed with the chamber to the Members of which it belongs. If it belongs to the Members of both chambers, it shall be filed with the President of the chamber with the greater number of subscribing Members. If the numbers are equal, it shall be filed with the President of the Chamber of Elders.
The President of the chamber receiving the request shall make the application [to the Monarch] and countersign His royal command.
Section49.During a session, [when] anyone files a criminal proceeding against a Member of the Chamber of Elders or Member of the Chamber of Deputies, the court must obtain permission of the chamber to which the Member belongs before it can conduct the trial. However, such trial must not obstruct the Member from attending a meeting.
The trial which the court has executed before there is a claim that the defendant is a Member of any chamber does remain valid.
Section50.During a session, no Member of the Chamber of Elders or Member of the Chamber of Deputies shall be arrested or summoned to be confined, save where he is arrested in the commission of an offence. Nevertheless, this must be promptly reported to the President of the chamber of which he is a Member and the President of such chamber may order the arrestee to be released from confinement.
Section51.If a Member of the Chamber of Elders or Chamber of Deputies has been confined pending inquiry or trial since before a session, the inquiry official or court, as the case may be, must order his release if the chamber of which he is a Member requests it upon arrival of the session.
The release order according to the stipulations of the previous paragraph shall take effect from the day of the release until the last day of the session.
Section52.A bill shall be proposed to the Chamber of Deputies first. Once the Chamber of Deputies has considered it and resolved it satisfactory, it shall be introduced to the Chamber of Elders. If the Chamber of Elders has considered it and passed a resolution approving it without amending it, it shall further be proceeded with in accordance with the stipulations of section 20.
If the Chamber of Elders passes a resolution of disapproval, the bill shall be sent back to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with the Chamber of Elders, it shall then be deemed that the bill lapses.
If the Chamber of Elders passes a resolution that [the bill] be amended, the bill shall then be sent back to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with that which has been amended by the Chamber of Elders, it shall further be proceeded with in accordance with the stipulations of section 20.
If the Chamber of Deputies, by a vote of more than half of the total number of the Members, passes a resolution to reaffirm the bill which has been sent back according to the stipulations of paragraph 2 or paragraph 3, the bill shall then be deemed to have received the approval of the National Assembly and shall further be proceeded with in accordance with the stipulations of section 20.
Section53.A money bill may be proposed by the Council of Ministers or by Members of the National Assembly upon confirmation by the Prime Minister.
A money bill refers to a bill which deals with all of or at least one of the following subjects, namely, the establishment, or repeal, or reduction, or alteration, or remission, or regulation of a tax or duty; or deals with currency, the appropriation, receipt, custody, or spending of state money, or the raising, or guarantee, or repayment of a loan.
In the event of doubt, it shall be the power of the President of the Chamber of Deputies to rule as to whether or not any bill is a money bill.
Section54.The Chamber of Elders must, within a limit of thirty days, consider and pass a resolution upon a bill which has been resolved satisfactory by the Chamber of Deputies and has been proposed to the Chamber of Elders. But if such bill is a money bill, the Chamber of Elders must consider and pass a resolution upon it within a limit of fifteen days.
The limit of days as said in the previous paragraph shall refer to the days during a session and shall be counted from the day the bill arrives at the Chamber of Elders.
If, within such a time limit as said in paragraph 1, the Chamber of Elders fails to consider and pass a resolution upon a bill sent by the Chamber of Deputies, it shall then be deemed that the Chamber of Elders has approved the bill.
Section55.An annual budget of the State must be enacted as an act. If the act cannot be issued in time with the new year, the act for the previous year shall apply for the time being.
Section56.The Chamber of Elders and Chamber of Deputies have the power to control the public services of the State by virtue of the provisions of this Constitution.
Section57.At meetings of the Chamber of Elders or Chamber of Deputies, every Member has the right to interpellate a Minister in respect of any matter which relates to the work under his duty, but the Minister does have the right to withhold the answer when he finds that the matter should not yet be disclosed as it relates to the safety or important benefit of the State.
Section58.The meetings of the Chamber of Elders and Chamber of Deputies are public, according to the modes designated in the regulations of each chamber. But if the Council of Ministers or not less than twenty-five Members of each chamber request a secret meeting, a secret meeting shall then be held.
Section59.The Chamber of Elders and Chamber of Deputies have the power to select their own Members to form standing committees and have the power to select the persons who are their Members or are not even their Members as select committees for executing any affairs or considering or inquiring into any matters which fall within their own purview and make reports to them. The said committees do have the power to summon any persons to appear and give explanations or express opinions in relation to the affairs they are executing or considering.
The privilege provided in section 42 shall also extend its protection to the persons who execute the duties under this section.
Section60.At meetings of a committee under section 59, the members in attendance must not be less than half of the number [of its members] in order that a quorum be met.
Section61.The Chamber of Elders and Chamber of Deputies have the power to establish regulations on the conduct of meetings and discussions of [each] chamber for the carrying out of the provisions of this Constitution.
Section62.In the following events, the National Assembly shall meet jointly:
(1)the giving of approval to the succession to the throne, according to the stipulations of section 9;
(2)the appointment of a Regent, according to the stipulations of section 10;
(3)the rediscussion of a bill, according to the stipulations of section 21;
(4)the conduct of a by-election of a Member of the Chamber of Elders, according to the stipulations of section 26;
(5)the ceremony of opening a session of the National Assembly, according to the stipulations of section 46;
(6)the passage of a resolution of confidence upon a Council of Ministers, according to the stipulations of section 69;
(7)the giving of consent to the announcement of war, according to the stipulations of section 75;
(8)the giving of approval to a written agreement, according to the stipulations of section 76;
(9)the making of an amendment to the Constitution, according to the stipulations of section 85;
(10)the interpretation of the Constitution, according to the stipulations of section 92;
(11)the establishment of a Constitutional Tribunal, according to the stipulations of section 89.
Section63.The President of the Chamber of Elders shall be the president of the joint meetings of the National Assembly, and the President of the Chamber of Deputies, vice president.
Section64.At joint meetings of the National Assembly, the regulations of the Chamber of Elders on the conduct of meetings and discussions shall apply mutatis mutandis.
Section65.At joint meetings of the National Assembly, the provisions applicable to both chambers shall apply mutatis mutandis.
Section66.The Monarch establishes a Council of Ministers composed of one Prime Minister and other Ministers who are ten at least, eighteen at most.
In appointing a Prime Minister, the President of the Chamber of Elders and the President of the Chamber of Deputies give their countersignatures.
The Ministers must not be regular public servants.
Section67.The Council of Ministers shall have the power to handle the public services of the State.
Section68.The Ministers who are not Members [of any chamber] do have the right to attend and state facts or express opinions at the Chamber of Elders or Chamber of Deputies or joint meetings of the National Assembly, but they have no right to vote.
The privilege provided in section 42 shall apply mutatis mutandis.
Section69.In carrying out the policy on the handling of the public services of the State, the Council of Ministers must obtain confidence of the National Assembly.
A Minister who has been appointed to take charge of a ministry must be constitutionally responsible to the National Assembly for his own duties, and all the Ministers, whether or not having been appointed to take charge of ministries, must be jointly responsible for the general policy of the Council of Ministers.
Section70.The Ministers must collectively retire from their positions upon the passage by the Chamber of Deputies of a resolution of no confidence on them collectively in accordance with section 42 or the refusal by the National Assembly to give confidence in accordance with section 77, or upon termination of the Chamber of Deputies which took part in giving confidence to them at the time of their assumption of duties. In the said events, and in the event the Council of Ministers resigns of its own accord, the retired Council of Ministers must remain in position in order to continue working until a new Council of Ministers is established.
Section71.A ministership individually terminates upon—
(1)death;
(2)resignation;
(3)lack of the qualification under the stipulation of section 27(4) or section 33(4);
(4)a resolution of no confidence passed by the Chamber of Deputies.
Section72.In case of emergency in which it is urgently necessary to maintain public safety or avert a public disaster and it is unable to convene the National Assembly in good time, or when such an event occurs during dissolution of the Chamber of Deputies, the Monarch may enact an emergency decree to be applied as an act.
At the next meeting of the National Assembly, the emergency decree shall be introduced to the National Assembly. If approbated by the National Assembly, the emergency decree continues to be an act. If reprobated by the National Assembly, the emergency decree lapses; however, this does not affect the affairs which took place during the application of such emergency decree.
The expression of the approbation and reprobation shall be made as an act.
Section73.During a session, if the Council of Ministers finds that any taxation or money bill needs to be considered urgently and secretly for the maintenance of the benefit of the State, it may advise the Monarch to enact [the bill] as an emergency decree to be applied as an act.
The emergency decree enacted in accordance with the stipulations of the previous paragraph must be introduced to the National Assembly within two days counted from the day of its promulgation, and the stipulations of paragraph 2 and paragraph 3 of section 72 shall apply mutatis mutandis.
Section74.The Monarch wields the prerogative to promulgate martial law, according to the modes and procedure under the law on martial law.
Section75.The Monarch wields the prerogative to announce war upon receipt of the consent of the National Assembly.
The resolution of the National Assembly to give the consent must obtain a vote of not less than two thirds of the number of the Members of both chambers.
Section76.The Monarch wields the prerogative to conclude written agreements of peace or pacification of war and conclude other written agreements with all countries.
Any written agreement which provides for a change in the territory of Thailand or requires the issuance of an act for its implementation must obtain approval of the National Assembly.
Section77.The Monarch wields the prerogative to grant pardon.
Section78.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.
Section79.Subject to section 48 and section 66, legal provisions, royal rescripts, and royal commands of any kind, which relate to the public services of the State, must be countersigned by a Minister as the person responsible therefor.
Section80.Trial and adjudication of cases are the exclusive power of the courts, which must be carried out in accordance with the law and in the name of the Monarch.
Section81.All courts can only be established by acts.
Section82.No new court shall be established for specifically trying and adjudicating upon any case or charge instead of a normal court brought into existence by the law for the trial and adjudication thereof.
Section83.Judges are independent in trying and adjudicating upon cases in accordance with the law.
Section84.Appointment, promotion of positions, promotion of monthly salaries, transfer, and removal of judges require the approval of the Judicial Commission under the law on rules for judicial public servants.
Section85.This Constitution shall only be amended in accordance with the following conditions:
(1)a motion for amendment must be from the Council of Ministers or from Members of the Chamber of Deputies numbering not less than one fourth of the total number of the Members;
(2)the National Assembly shall jointly consider this motion for constitutional amendment in three readings;
(3)at the first reading, the stage of adoption of principle, the voting shall be conducted by means of roll call, and the amendment must be approved by a vote of not less than two thirds of the number of the Members of both chambers;
(4)at the second reading, the stage of section-by-section consideration, where there are proposals to amend the motion or there are amendments made by committees, the voting shall adhere to the majority of votes as the rule;
(5)upon finish of the consideration at the second reading, [the motion] shall be put off for fifteen days; upon elapse of [this time] limit, [the motion] shall be introduced to the National Assembly for further consideration at the third reading;
(6)at the third reading, the final stage, the voting shall be conducted by means of roll call, and the issuance [of the constitutional amendment] as a law must be approved by a vote of not less than two thirds of the number of the Members of both chambers;
(7)when the voting for passage of resolutions has taken place as said above, it shall then be proceeded with in accordance with the stipulations of sections 20.
Section86.Subject to section 88, the National Assembly wields the absolute right to interpret this Constitution.
A resolution for interpreting this Constitution must obtain a vote of not less than half of the number of the Members of both chambers.
Section87.Any provision of a law which contains a matter inconsistent with or contrary to this Constitution is inapplicable.
Section88.When a court is to apply a legal provision to any case, if the court entertains an opinion that the legal provision falls under the provision of section 87, the court shall temporarily put off the trial and adjudication of such case and shall, by official means, report the said opinion to the Constitutional Tribunal for consideration and ruling. Once the Constitutional Court has considered and ruled upon it, it shall notify the court thereof.
The ruling of the Constitutional Court shall be deemed final, and the court shall comply therewith.
Section89.The Constitutional Tribunal is composed of the competent persons appointed by the National Assembly, one as the Presiding Justice and fourteen others as Justices.
The Constitutional Tribunal shall be established anew every time an election of Members of the Chamber of Deputies is held because of expiry or dissolution of the Chamber of Deputies.
The procedure of the Constitutional Tribunal shall be in accordance with the law thereon.
Section90.In the initial period, the Chamber of Elders is composed of the Members elected by the Organisation for the Election of Members of the Chamber of Elders within a limit of fifteen days counted from the day of coming into force of this Constitution.
The Organisation for the Election of Members of the Chamber of Elders is composed of the person who are Members of the House of Representatives on the last day before the coming into force of this Constitution.
The persons having the right to apply for candidacies must have the same qualifications as the persons having the right to apply for candidacies in elections of Members of the House of Representatives according to the "Elections Act, 2475 Buddhist Era" Amendment (No. 3), 2479 Buddhist Era, with the prohibitions under section 11 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, being excluded. However, at least, the persons applying for candidacies must not be regular public servants, must be of the age not lower than thirty-five years, and must have had the academic standing not lower than a bachelor's degree or an equivalent for not less than five years, or have once held a public position not lower than chief of a division or an equivalent, or have once been Members of the House of Representatives.
The persons applying for candidacies shall, in person, file the applications with the Secretary General of the Organisation for the Election of Members of the Chamber of Elders within twelve days counted from the day of coming into force of this Constitution.
It is the Organisation for the Election of Members of the Chamber of Elders that shall designate the electoral procedure.
Section91.In the initial period, the Chamber of Deputies is composed of the Members elected by the people in accordance with the Royal Decree for the Carrying Out of the Election of Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era, and an additional number of Members of the Chamber of Deputies shall be elected using the standard number of one hundred thousand people per one Member of the Chamber of Deputies. If, in the area of any province, the number of the people according to the latest census exceeds one hundred and thousand, that province shall be given an additional number of Members of the Chamber of Deputies, that is, one per every one hundred thousand people. The residue of one hundred thousand people shall, if reaching or exceeding the half thereof, be counted as one hundred thousand.
When the standard number of Members of the Chamber of Deputies for each province according to the previous paragraph has been fulfilled, if, in the area of any province, the number of Members of the Chamber of Deputies would increase from the number of those having already been elected in accordance with the Royal Decree for the Carrying Out of the Election of Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era, then the election shall be carried out for the increased number only.
In each province which has more than one Member of the Chamber of Deputies, the constituencies shall be divided [in a manner] allowing the numbers of people to be as closest as possible to each other.
Qualifications of electors and electoral candidates, as well as the criteria and procedure for the election, shall be in accordance with the "Elections Act, 2475 BE" Amendment (No. 3), 2479 Buddhist Era, with the prohibitions under section 11 of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, being excluded.
Section92.The election of additional Members of the Chamber of Deputies according to the stipulations of section 91 shall be completely carried out within a limit of ninety days counted from the day of coming into force of this Constitution.
Section93.The term of the Chamber of Deputies shall start to be counted from the day of coming into force of this Constitution, and it shall be deemed that, on the day of completion of fifteen days counted from the election day, the Chamber of Deputies has the full number of Members as additionally elected.
Section94.Before the Chamber of Deputies has the full number of Members as additionally elected, the National Assembly is composed of the Chamber of Elders according to the stipulations of section 90 and the Chamber of Deputies which is composed of the Members elected in accordance with the Royal Decree for the Carrying Out of the Election of Representatives of 2488 Buddhist Era, dated 26 October 2488 Buddhist Era.
Section95.The Council of Ministers which has been handling the public services of the State [until] before the day of coming into force of this Constitution shall remain in position in order to continue carrying out activities until a new Council of Ministers is established.
Section96.If there is urgent necessity to maintain public safety or avert a public disaster during the time the Council of Ministers has to remain in position to continue carrying out activities in accordance with the stipulations of section 95, the Monarch may enact emergency decrees to be applied as acts.
The stipulations of paragraph 2 and paragraph 3 of section 72 shall apply mutatis mutandis to such an event as said in the previous paragraph.
Pridi Banomyong
Prime Minister
Notes
[edit]- ↑ 1946 CE.
- ↑ See also the note about this opening phrase.
- ↑ The sixth month of the Thai lunar calendar, named after the Hindu month of Visākha.
- ↑ The zodiac sign of Dog.
- ↑ Thursday, named after the Hindu god Jīva.
- ↑ The month of May, known in Thai as Phruetsaphakhom (Thai: พฤษภาคม), which literally translates as "Coming of the Bull (Taurus)".
- ↑ The date and time for the monarch to sign the constitution was determined by a royal astrologer. See also this note.
- ↑ King Ananda Mahidol. According to Samnak-ngan Soemsang Ekkalak Khong Chat (2012, p. 268), Somdet Phra Chaoyuhua (Thai: สมเด็จพระเจ้าอยู่หัว; literally, "His Divine Majesty the Lord Over the Heads") is a title given to a monarch who has not yet been crowned formally.
- ↑ Ananta Samakhom Throne Hall. See also the note about its etymology.
- ↑ See also this note about the term lotus feet.
- ↑ The title of King Prajadhipok, which literally translates as "The Divine Feet of His Divine Majesty the Paramount Indra, the Great Prajadhipok, the Excellent, Enormous Arrow, the Overlord Rama, the Divine Pok Klao, the Lord Over the Heads".
- ↑ 1932 CE.
- ↑ Nai (Thai: นาย) is a title given to a male commoner.
- ↑ Pridi Banomyong, also known by the noble title of Luang Praditmanutham.
- ↑ Khuang Aphaiwong, also known by the noble title of Luang Kowit-aphaiwong.
- ↑ Referring to the Party which requested a constitution from King Prajadhipok in 1932.
- ↑ The 11th Cabinet of Thailand, led by Khuang Aphaiwong.
- ↑ 1945 CE.
- ↑ The 12th Cabinet of Thailand, led by Thawi Bunyaket.
- ↑ The 13th Cabinet of Thailand, led by Seni Pramoj. Momratchawong (Thai: หม่อมราชวงศ์) was his royal title.
- ↑ Ratthasapha (Thai: รัฐสภา) is a compound consisting of rat ("state") and sapha ("assembly"), thus literally translating as "State Assembly". However, "National Assembly" is its official name in English.
- ↑ Phruetthasapha (Thai: พฤฒสภา) is a compound consisting of phruet ("old") and sapha ("assembly"), thus literally translating as "Old Assembly" or "Assembly of the Old". This name would later be changed to Wutthisapha (Thai: วุฒิสภา), in which wutthi ("senior") replaces phruet. Wutthisapha is officially known in English as "Senate".
- ↑ Under the previous constitution, this organisation was known as Sapha Phuthaen Ratsadon (Thai: สภาผู้แทนราษฎร), literally translating as "Assembly of People's Deputies" but officially known in English as "House of Representatives". Under the present constitution, the word ratsadon ("people") was taken out of its name, causing it to be known as merely Sapha Phuthaen (Thai: สภาผู้แทน), which literally translates as "Assembly of Deputies". During a legislative session for drafting of the previous constitution, the word ratsadon in the names of some organisations was protested by some legislators, who said that it "sounds Soviet" (Secretariat of the House, 1932, p. 504).
Bibliography
[edit]Original
[edit]- "Ratthathammanun Haeng Ratcha-anachak Thai" [Constitution of the Kingdom of Thailand]. (1946, 10 May). Ratchakitchanubeksa [Royal Gazette], 63(30A), 318–368. (In Thai).
References
[edit]- Secretariat of the House of Representatives of Siam (1932). Rai-ngan Kanprachum Sapha Phuthaen Ratsadon Khrang Thi Samsip Paet Thap Song Si Chet Ha [Proceedings of the Meeting of the House of Representatives 38/2475] (in Thai). Bangkok: Secretariat of the House of Representatives of Siam.
- Royal Society of Thailand (2013). "Photchananukrom Chabap Ratchabandittayasathan Photo Song Phan Ha Roi Hasip Si" [Royal Institute Dictionary, 2554 BE]. Office of the Royal Society of Thailand (in Thai).
- Samnak-ngan Soemsang Ekkalak Khong Chat [Office for Strengthening the National Identity] (2012). Rachasap [Royal Words] (in Thai) (4th ed.). Bangkok: Samnakngan Soemsang Ekkalak Khong Chat. ISBN 978-616-235-142-6.
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