Translation:Constitution of the Kingdom of Thailand, 2519 Buddhist Era
- Constitution
- Preamble
- Section
- Form of state
- Form of government
- Sovereign power
- Head of Thai Armed Forces
- Royal sacrosanctity
- Privy Council
- Exercise of sovereign power
- Rights and freedoms of persons
- Duties of persons
- National Administrative Reform Assembly (NARA): composition, functions
- NARA: presidency
- NARA: conduct of meetings
- NARA: privilege
- NARA: immunity
- Bills
- Council of Ministers (COM): composition, qualifications, functions, parliamentary rights
- COM: removal from office
- Advisory Assembly to Prime Minister
- Emergency decrees
- Royal decrees
- Special power of prime minister
- Countersignatures for royal documents concerning public affairs
- Judicial independence
- Constitutional amendment
- Non liquet
- Transitory provision: NARA formation
- Transitory provision: prime minister
- Transitory provision: National Assembly formation
- Coup legalisation
Constitution of the Kingdom of Thailand
Somdet Phra Paramin Maha Bhumibol Adulyadej
Sayaminthrathirat Borommanat Bophit
Given on the 22nd day of October 2519 Buddhist Era
Being the 31st year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej, Mahitalathibet Ramathibodi, Chakkrinaruebodin, Sayaminthrathirat, Borommanat Bophit, gives a great royal command by which He orders with His pleasure that it be announced as follows:
The Leader of the National Administrative Reform Council has humbly made the following submission to Him: Whereas a certain party of persons committed subversive acts against the security of the Kingdom, the royal throne, and the economy of the Country, and eventually caused a seriously turbulent uproar in the Country on the 6th day of October 2519 BE, which was likely to bring disaster and ruination to the Nation in the end, the National Administrative Reform Council thus stepped in to seize power and repeal the Constitution of the Kingdom of Thailand, which was successful on the 6th day of October 2519 BE, at the time of 18:00 hours. And even though all the people have manifestly shown and firmly believed that the administration under the regime of democracy with a Monarch as Head [of State] is a regime of administration which is good and suitable for Thailand in such a way that would bring about the security of the Nation and the universal happiness of the people, the administration under this regime has, as much as [seen] over the [past] forty years, not yet been successful in accordance with the will of the people, because it lacks a structure that needs to be developed phase by phase appropriately and, especially, [because] the Constitution of the Kingdom of Thailand, 2517 Buddhist Era, gives rise to obstacles and hurdles to the point that it cannot be implemented in a smooth manner, whilst the individuals elected to have a say and play a part in the administration of the Country have failed to respect the spirit of that constitution in various manners and have paid more attention to their own interest than to the common interest of the Country. Accordingly, the administration under the regime of democracy has always faltered and staggered, and seen is a sign that the Nation is going to wrack and ruin. It is thus necessary to salvage the administration under the regime of democracy by initiation of a proper national administrative reform through enactment of gradual developments on a phase-by-phrase basis.
In the first four-year period, it will be a period for rehabilitation of national stability in terms of both economy and politics. In this period, the inhabitants should be allowed to take part in the handling of the public services of the State through a National Administrative Reform Assembly, of which Members would be appointed as controllers of the handling of the public services of the State, and, at the same time, people would be encouraged to become interested in and aware of their own duties. In the second four-year period, the inhabitants should be allowed to take more part in the handling of the public services of the State through establishment of a National Assembly composed of a House of People's Representatives with elected Members and a Senate with appointed Members, both of which will share equal powers and duties to control the handling of the public services of the State. In the third four-year period, the powers of the House of People's Representatives should be increased and the powers of the Senate should be decreased as much as possible. From then on, if the inhabitants have already been well aware of their duties and responsibilities for the Nation under the regime of democracy, the Senate might be abolished, allowing only the House of People's Representatives to remain.
As regards the reform of the structure of the administration under this regime, how it will be carried out indeed depends upon the reasons or suitability of the situations in each period, and the constitution must be edited mainly in line with the situations in the period concerned, so that the reform of the administration under the regime of democracy with a Monarch as Head [of State] would achieve the spirit of this constitution, that is, the security of the Nation and the happiness of the people, together with adherence to the key institutions of the Country, namely, the Nation, the Religions, and the Monarch.
Therefore, in order to accomplish the said process and purpose of the National Administrative Reform Council, His Majesty gives a great royal command by which He orders with His pleasure that the present Constitution of the Kingdom of Thailand shall be enacted and shall come into force henceforth.
Section1.Thailand is one and whole kingdom incapable of separation.
Section2.Thailand has an administration under the regime of democracy [and] has a Monarch[1] as the Head [of State].[2]
Section3.The sovereign power comes from all the Thais. The Monarch, who is the Head [of State], exercises such power only by virtue of the provisions of the Constitution.
Section4.The Monarch holds the position of Head of the Thai Armed Forces.
Section5.The person of the Monarch is in the status of being respected and adored,[3] which shall no one violate, and no accusation or proceeding shall be filed against Him in any manner.
Section6.The Monarch selects and appoints [from amongst] competent persons one as President of the Privy Council and not more than fourteen others as Privy Councillors, who compose a Privy Council.
The Privy Council has the duty to present to the Monarch opinions on all the royal obligatory functions about which the Monarch seeks counsel.
Selection and appointment of Privy Councillors, and removal of Privy Councillors from their positions, are at the royal pleasure.
The President of the National Administrative Reform Assembly shall countersign the appointment of the President of the Privy Council or the removal of the President of the Privy Council from his position, and the President of the Privy Council shall countersign the appointment of other Privy Councillors or the removal of other Privy Councillors from their positions.
Section7.The Monarch exercises the legislative power through the National Administrative Reform Assembly, exercises the executive power through the Council of Ministers, and exercises the judicial power through the courts.
Section8.Persons have rights and freedoms, subject to the provisions of law.
Section9.Persons have the duty to maintain the Nation, the Religions, the Monarch, and the administration under the regime of democracy under this Constitution, and have the duty to defend the Country and observe the law.
Section10.There shall be a National Administrative Reform Assembly to discharge the legislative duty. It is composed of Members numbering not less than three hundred but not more than four hundred, who are appointed by the Monarch and are in positions for four years reckoned from the day of their appointment by the Monarch.
The Monarch wields the prerogative to remove a Member of the National Administrative Reform Assembly from his position before the expiry of his term, upon the advice presented by the President of the National Administrative Reform Assembly in accordance with a resolution of the National Administrative Reform Assembly.
[When] a Member is appointed to fill a vacant position or is additionally appointed, the appointed Member shall be in the position only for the [remaining] term of the Members of the National Administrative Reform Assembly.
Section11.The Monarch appoints [from amongst] the Members of the National Administrative Reform Assembly one as President of the National Administrative Reform Assembly and one or several as Vice Presidents of the National Administrative Reform Assembly, according to a resolution of the Assembly.
Section12.The National Administrative Reform Assembly has the power to enact regulations of the Assembly on the conduct of meetings, which relate to the introduction of bills, the introduction of motions, the conduct of meetings, the conduct of interpellation, the conduct of discussions, and other affairs in the carrying out of its powers and duties.
Section13.At meetings of the National Administrative Reform Assembly, [if] anyone wishes to utter any word in such a way as to state a fact, or express an opinion, or cast a vote, it is his absolute privilege [to do so]. No one shall take it as a ground for filing a proceeding or denunciation against him in any manner.
The privilege provided in paragraph 1 shall also extend its protection to the meetings of committees and [to] the persons who print and the persons who publish meeting proceedings upon order of the Assembly.
Section14.If, during a session, any Member of the National Administrative Reform Assembly is held in custody or detention, or is prosecuted in a criminal case, his release or a stay of his preliminary hearing or trial shall be ordered whenever the President of the Assembly requests it.
Section15.All bills shall only be introduced by the Council of Ministers or Members of the National Administrative Reform Assembly. However, Members shall only introduce bills upon confirmation by a select committee for ruling upon bills, of which [the members], numbering not more than twelve, are appointed from amongst the Members of the National Administrative Reform Assembly or other persons.
The National Administrative Reform Assembly and the Council of Ministers shall appoint, not more than six each, members of the select committee for ruling upon bills.
Money bills shall only be introduced by the Council of Ministers. Whether or not any bill is a money bill shall be ruled by the select committee for ruling upon bills.
Section16.The Monarch appoints one Prime Minister and not more than twenty other Ministers, who compose a Council of Ministers which has the duty to handle the public services of the State.
The Prime Ministers and Ministers shall not be Members of the National Administrative Reform Assembly, and shall not be regular public servants or officials of state agencies or state enterprises with regular positions or monthly salaries or hold any position in an enterprise which runs a business for the making of profits.
The President of the National Administrative Reform Assembly shall countersign the appointment of the Prime Minister.
The Prime Minister and Ministers have the right to attend and give explanations or express opinions at meetings of the National Administrative Reform Assembly, but they have no right to vote.
Section17.The Monarch wields the prerogative to remove a Minister from his position according to the advice presented by the Prime Minister.
Section18.There shall be an Advisory Assembly to the Prime Minister, composed of the persons from the National Administrative Reform Council. It has the duty to give opinions on any matters about which the Prime Minister seeks counsel, and has other duties according to this Constitution.
The Council of Ministers and the Advisory Assembly to the Prime Minister shall jointly designate a policy relating to the national security.
In handling the public services relating to the national security, the Council of Ministers must follow the policy designated in accordance with paragraph 2.
In the event that a position of Member of the Advisory Assembly to the Prime Minister becomes vacant or the event that an additional [Member] is to be appointed, it shall be the Prime Minister that appoints [the Member] upon approval of the Advisory Assembly to the Prime Minister.
Section19.When it is urgently necessary to maintain the national security or avert a public disaster, or when it is necessary to have a law relating to taxation or currency, the Monarch wields the prerogative to enact an emergency decree to be applied as an act.
Upon promulgation of an emergency decree, the Council of Ministers shall introduce the emergency decree to the National Administrative Reform Assembly without delay. If approbated by the National Administrative Reform Assembly, the emergency decree shall continue to be in force as an act. If reprobated by the National Administrative Reform Assembly, the emergency decree shall lapse, but this does not affect the affairs which took place during the application of the emergency decree.
Approbation or reprobation of an emergency decree shall be published in the Government Gazette. In the event that [the emergency decree] is reprobated, [the reprobation] shall come into force from the day of its publication in the Government Gazette.
Section20.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.
Section21.In the event that the Prime Minister finds it necessary for the purpose of preventing, repressing, or suppressing an act of subverting the security of the Kingdom, royal throne, economy of the Country, or public services of the State, or an act of disrupting or threatening peace and order or good morals of people, or an act of destroying resources of the Country or debasing the health of people, irrespective of whether it occurs before or after the day of coming into force of this Constitution and whether it occurs inside or outside the Kingdom, the Prime Minister shall have the power to give any order or do any act upon approval of the Council of Ministers and the Advisory Assembly to the Prime Minister, and the order or act of the Prime Minister, as well as the observance of the said order, shall be deemed lawful.
Once the Prime Minister has given any order or done any act in accordance with paragraph 1, the Prime Minister shall inform the National Administrative Reform Assembly thereof.
Section22.All legal provisions, royal autographs,[4] and royal commands of whatever kind, which relate to the public services of the State, must be countersigned by the Prime Minister or a Minister.
Section23.Judges and justices are independent in trying and adjudicating upon cases in accordance with the law.
Section24.The Constitution shall only be amended in accordance with the following criteria and procedure:
(1)a motion for amendment must be from the Council of Ministers;
(2)a motion for amendment must be introduced in the form of a draft constitution amendment, and the National Administrative Reform Assembly shall consider it 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 one half of the total number of the Members of the National Administrative Reform Assembly;
(4)at the second reading, the stage of section-by-section consideration, 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 five days; upon elapse of this [time] limit, the National Administrative Reform Assembly shall further conduct the 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 constitution [amendment] must be approved by a vote of not less than one half of the total number of the Members of the National Administrative Reform Assembly;
(7)when the voting for passage of resolutions has taken place as said, the draft constitution amendment shall be brought and presented to [the Monarch] for Him to sign it, and once such constitution [amendment] has been published in the Government Gazette, it shall become applicable.
Section25.When there is no provision of this Constitution applicable to any case, such case shall be ruled in accordance with the custom of the administration of Thailand under the regime of democracy.
In the event that a problem relating to the ruling of any case according to the stipulations of paragraph 1 occurs in the purview of the National Administrative Reform Assembly, or occurs because the Council of Ministers applies to the National Administrative Reform Assembly for a ruling, the National Administrative Reform Assembly shall give a decisive ruling.
Section26.Appointment of Members of the National Administrative Reform Assembly shall be finished within thirty days reckoned from the day of coming into force of this Constitution.
Whist there is no National Administrative Reform Assembly yet, the Advisory Assembly to the Prime Minister shall serve as the National Administrative Reform Assembly and the privilege provided in section 13 shall apply mutatis mutandis.
Section27.The Prime Minister appointed by [the Monarch] and incumbent on the day of coming into force of this Constitution shall become the Prime Minister appointed by the Monarch in accordance with section 16.
Section28.Within a limit of four years reckoned from the day of coming into force of this Constitution, the Constitution shall be amended in order to bring into existence a National Assembly composed of a House of People's Representatives with elected Members and a Senate of with appointed Members, and in order to designate other relevant affairs in line therewith. And within ninety days reckoned from the day on which a limit of four years reckoned from the day of coming into force of this Constitution completes, [such] election and appointment shall be conducted.
Section29.[As regards] all the acts, announcements, or orders of the Leader of the National Administrative Reform Council, or the acts, announcements, or orders of the National Administrative Reform Council, which were done, made, or given before the day of coming into force of this Constitution and concern the national administrative reform, irrespective of whatever manner they were done in, or whatever form they were in, and whether they were done, made, or given for producing legislative, executive, or judicial effect, [those] acts, announcements, or orders, as well as the acts of the persons who observe those announcements or orders, shall be deemed lawful.
Admiral Sangad Chaloryu
Leader of the National Administrative Reform Council
Notes
[edit]- ↑ See also the note about the term phra maha kasat, here translated as "monarch".
- ↑ See also the note about the term pramuk, here translated as "head".
- ↑ See also the note about the term sakkara, here translated as "to adore".
- ↑ See also the note about the term phra ratcha hatthalekha, here translated as "royal autograph".
Bibliography
[edit]- "Ratthathammanun Haeng Ratcha-anachak Thai" [Constitution of the Kingdom of Thailand]. (1976, 22 October). Ratchakitchanubeksa [Royal Thai Government Gazette], 93(135A Special), 1–15. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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