Translation:Constitution of the Kingdom of Thailand (Interim), 2490 Buddhist Era
- The Constitution
- Preamble
- General provisions
- Chapter 1 Monarch
- Chapter 2 Supreme Councillors of State
- Chapter 3 Rights and duties of the Thai people
- Chapter 4 Legislative power
- Chapter 5 Executive power
- Chapter 6 Judicial power
- Chapter 7 Constitutional amendment
- Chapter 8 Final provisions
- Transitory provisions
Issue 53, Volume 64
Royal Gazette
9 November 2490
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Constitution of the Kingdom of Thailand[1]
(Interim)
Enacted on the 9th day of November 2490 Buddhist Era[2]
Rangsit Krommakhun Chainatnarenthon[3]
Being the 2nd year of the present reign
It is a great royal command that the following be announced: The Constitution of the Kingdom of Thailand, which was enacted in and had been applied as a law for the administration of the Country since 2475 BE[4] and was modified and promulgated as a new edition in 2489 BE,[5] is considered to be a constitution that suited the Nation in the times past.
Now, the Nation has fallen into a crisis. The citizenry has been suffering difficulty and adversity because of lack of food, lack of clothes, and shortage of various other things, including consumable goods of all kinds, of which the prices have risen much higher than before, resulting in an unprecedented moral decline amongst the people. All those in charge of the public administration, as well as the Assembly, have been unable to solve the unfavourable things so as to bring back the former conditions. The actions undertaken by the Government and the control exercised by the National Assembly over the public affairs of the Executive with a view to helping each other in solving [the situations] for betterment according to the means designated in the said constitution met with no success at all, to the disappointment of the people throughout the Country, and, on the contrary, it has been seen that all the solutions have successively caused deterioration to the Nation. If this is left at the mercy of fate, ruination would be brought about to the Nation without end to the extent that it would no longer be able to stay in the state which deserves the Thainess.
Most of the Thai people who have paid attention to these happenings, together with the military of the Nation, have jointly submitted to His Majesty a request that the application of the present constitution be terminated and a new constitution be promulgated, which would pave the way for the furtherance of the Nation for the sake of perpetual prosperity, and would also serve as a means to mitigate the state of calamity being undergone by the entire people and further restore them to normalcy.
Therefore, it is the royal gracious pleasure to order that that the application of the present constitution be terminated and a new constitution of the Kingdom of Thailand be promulgated from this time onwards.
Section1.Thailand is one and indivisible kingdom.
The Thai people, regardless of their origins or religions, are equally under the protection of this Constitution.
Section2.The sovereign power comes from all the Thai people. The Monarch, who is the Head [of State], exercises such power in accordance with the provisions of this Constitution only.
Section3.The person of the Monarch enjoys a sacred and inviolable status.
Section4.The Monarch is a devotee of the Buddha and is the supreme patron of religions.
Section5.The Monarch holds the position of Head of the Thai Armed Forces.
Section6.The Monarch exercises the legislative power through the National Assembly and announces the appointment of Senators.
Section7.The Monarch exercises the power to carry out the public administration through the Cabinet and announces the appointment of the Prime Minister.
Section8.The Monarch exercises the judicial power through the courts.
Section9.The Monarch appoints Supreme Councillors of State, whose positions are for presenting Him with counsel on public affairs of the State.
Section10.Whenever the Monarch is to not reside in the Kingdom or to be unable to handle His royal burdens for any reason, He will appoint a Supreme Councillor of State as His Regent. If the Monarch has not made or is unable to make such appointment, the Supreme Council of State shall immediately engage in the public administration as a Council of Regency.
Section11.In the event that the royal throne becomes vacant and there is no Regent according to the provisions of section 10, the Supreme Council of State shall temporarily engage in the public administration as a Council of Regency until later, when the appointment of a successor as a monarch is announced.
Section12.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.
Section13.Supreme Councillors of State are regular positions, are five in number,[6] administer public affairs which appertain to the Monarch, and present counsel to the Monarch.
Section14.Supreme Councillors of State serve as counsellors to the Monarch by presenting Him with right and correct counsel in every field for the benefit of the Nation.
Section15.[The Monarch] will appoint one senior figure in the Supreme Council of State as the President of the Council.
Section16.The Supreme Councillors of State vacate their duties upon resignation, infirmity, or death.
Section17.When a position of Supreme Councillor of State is vacant, there will be a royal command appointing a replacement. At least, the person to be appointed as a replacement must have these qualifications: having been a regular public servant for not less than twenty-five years and having served the public in, at least, the position of director general or having been a Minister in charge of a ministry for not less than four years.
Section18.The Supreme Council of State has subsidiary public units as to be announced by royal decrees.
Section19.The President of the Supreme Council of State will entrust any Supreme Councillor of State with direction over the public units designated by the royal decrees.
Section20.Installment, appointment, removal, punishment, and designation of qualifications of public officials shall be in accordance with the law.
Section21.Persons are of equal status under the law. No title by birth, by appointment, or by any other means, shall give rise to any privilege whatsoever.
Section22.Persons have full freedom to profess any religion or ideology and do have freedom to perform rituals according to their own belief, when these are not hostile to the duties of citizens and are not contrary to public order or good morals.
Section23.Persons have full freedom of the person, abode, property, speech, writing, printing, publication, education, public assembly, establishment of associations, and occupation. However, this shall be subject to the provisions of law.
Section24.Persons have the right to petition, subject to the conditions and procedure provided by the law.
Section25.Persons have the duty to respect the law and have the duty to defend the Country and assist the public sector by means of paying taxes and others, subject to the conditions and according to the procedure provided by the law, and must also have education and occupation.
Section26.The National Assembly is composed of a Senate and a House of Representatives, whether in session separately or jointly.
Section27.All bills shall only be enacted into laws by and with the advice and consent of the National Assembly.
Section28.Prohibited shall be the enactment of an act as a law which retroactively inflicts a criminal punishment upon a person.
Section29.A bill which the National Assembly has finished drawing up shall be 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 take effect as a law.
Section30.If the Monarch disapproves such a bill and gives it back to the National Assembly within one month, the National Assembly must discuss it anew. If the National Assembly resolves to reaffirm it, the Prime Minister shall bring such bill before [the Monarch] in order to present it [to Him] for further promulgation.
Section31.All bills may be submitted by the Council of Ministers or by Members of the National Assembly.
Section32.No person can be a Member of the Senate and of the House of Representatives at the same time.
Section33.The Senate is composed of Members elected by the Monarch in the same number as the Members of the House of Representatives.
Section34.Memberships in the Senate are subject to a term of six years each. Only in the initial period, one half of the Members shall be replaced by means of sortition upon completion of three years.
Section35.A membership in the Senate terminates upon—
(1)retirement by rotation;
(2)death;
(3)resignation.
Section36.During dissolution of the House of Representatives, a meeting of the Senate may be held if necessary.
Section37.The House of Representatives is composed of Members elected by the people in accordance with the law on elections of Members of the House of Representatives.
No Member of the House of Representatives can be a regular public official.
Elections of Members of the House of Representatives shall be conducted by means of direct and secret ballot.
Section38.Qualifications of electors and electoral candidates, as well as the criteria and procedure for the conduct of elections and the number of the Members, shall be in accordance with the law on elections of Members of the House of Representatives, and the electoral candidates must, at least, be of the Thai nationality and the age not lower than thirty-five years.
Section39.Each House of Representatives lasts for a term of four years.
If a position of Member becomes vacant for any other reason than retirement upon expiry or dissolution of the House, a replacing Member shall be elected within a period of ninety days, save where the remaining term of the House is less than six month. In addition, the Member admitted for such replacement shall hold the position for the [remaining] term of his predecessor only.
Section40.The Monarch wields the prerogative to dissolve the House of Representatives in order to enable the people to elect its Members anew. In the royal decree for dissolution of the House, the election of new Members must be scheduled to be conducted within ninety days.
Dissolution of the House of Representatives can only be done once for a single event.
Section41.A membership in the House of Representatives ends upon—
(1)retirement on expiry or dissolution of the House;
(2)death;
(3)resignation;
(4)lack of a qualification according to the law on elections of Members of the House of Representatives.
Section42.A Member of the House of Representatives has the right to submit a motion, which is seconded by not less than twenty-four Members, for opening a general debate so as to pass a resolution of no confidence upon the Ministers individually or collectively. In such event, the resolution shall not be passed on the same day as the day of discussion.
Section43.Prior to assuming duties, Members of the Senate and House of Representatives must affirm at a meeting of the chamber to which they belong that they will preserve and observe the Constitution.
Section44.Members of the Senate and House of Representatives 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 the Thai people.
Section45.The Monarch appoints [from amongst] the Members of the Senate and House of Representatives one as the President of [either] chamber [and] one or several as Vice Presidents [of the same], according to a resolution of such chamber.
Section46.The Presidents of the Senate and House of Representatives have the duty to carry out the affairs of their respective chambers in accordance with the regulations. The Vice Presidents have the duty to execute the affairs on behalf of their President when the President is absent or unable to perform his duty.
Section47.When the President and Vice Presidents of the Senate or House of Representatives are absent from a meeting, the Members of such chamber shall elect [one amongst] themselves to be the president of that meeting.
Section48.At every meeting of the Senate or House of Representatives, the attendance of not less than one third of the total number of the Members is required for forming a quorum.
Section49.The passage of a resolution for ruling upon a discussed issue shall adhere to the majority of votes as the criterion, save in the matters for which this Constitution has special provisions.
One Member has one vote in voting. If there is a tie in the number of votes, the president of the meeting shall give one additional vote and this shall be a casting vote.
Section50.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 instituting 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.
Section51.The sessions of the Senate and House of Representatives commence and end simultaneously.
Section52.In each year, both chambers have one or several sessions as may be designated by the House of Representatives. The first meeting must be designated in such a manner that allows the Members to meet within thirty days from the day of the election. It shall be the House of Representatives that designates the day of commencement of an annual session.
Section53.Each ordinary session lasts for a period of ninety days, but the Monarch may allow extension thereof.
Furthermore, during such a period of ninety days, He may allow closure of the session.
Section54.The Monarch convenes the Senate and House of Representatives according to their sessions. He closes and opens the sessions.
He may attend and perform the ceremony of opening a session or may allow the Heir to the Throne who has already attained majority or any person to execute the ceremony on His behalf.
Section55.When it is necessary for the benefit of the State, the Monarch may convene an extraordinary session of both chambers.
Section56.Members of both the Senate and the House of Representatives or Members of each chamber, whose number is not less than one third of the Members of both chambers, have the right to subscribe a request for an application to 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 Senate.
The President of the chamber receiving the request shall make the application [to the Monarch] and give a countersignature.
Section57.During a session, when anyone institutes a criminal proceeding against a Member of the Senate or House of Representatives, the court must obtain permission of the chamber to which the Member belongs before it can commence 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 remains valid.
Section58.During a session, no Member of the Senate or House of Representatives 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.
Section59.If a Member of the Senate or House of Representatives 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 after the session has arrived.
The release order according to the provisions of the previous paragraph shall take effect from the day of the release until the last day of the session.
Section60.A bill shall be submitted to the House of Representatives first. When the House of Representatives has considered it and resolved it satisfactory, it shall be submitted to the Senate. If the Senate has considered it and passed a resolution approving it without amending it, it shall further be proceeded with in accordance with the provisions of section 29.
If the Senate passes a resolution of disapproval, the bill shall be sent back to the House of Representatives for reconsideration. If the House of Representatives passes a resolution in agreement with the Senate, it shall then be deemed that the bill lapses.
If the Senate passes a resolution that the bill be amended, it shall be sent back to the House of Representatives for reconsideration. If the House of Representatives passes a resolution in agreement with the amendments made by the Senate, it shall further be proceeded with in accordance with the provisions of section 29.
If the House of Representatives, by a vote of more than half of the total Members, passes a resolution to reaffirm the bill which has been sent back according to the provisions 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 provisions of section 29.
Section61.A money bill may be submitted 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 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 House of Representatives to rule as to whether or not any bill is a money bill.
Section62.The Senate must, within a limit of thirty days, consider and pass a resolution upon a bill which has been resolved satisfactory and submitted to the Senate by the House of Representatives. But if such bill is a money bill, the Senate 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 Senate.
If, within such a time limit as said in paragraph 1, the Senate fails to consider and pass a resolution upon a bill sent by the House of Representatives, it shall then be deemed that the Senate has approved the bill.
Section63.An annual budget of the State must be enacted as an act. If the act cannot be issued in time with the new year, the act for the previous year shall apply for the time being.
Section64.The Senate and House of Representatives have the power to control the public administration by virtue of the provisions of this Constitution.
Section65.At meetings of the Senate or House of Representatives, every Member has the right to interpellate a Minister in respect of any matter which relates to the work under his duty, but the Minister has the right to withhold the answer when he finds that the matter should not yet be disclosed as it relates to the safety or benefit of the State.
Section66.The meetings of the Senate and House of Representatives 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.
Section67.The Senate and House of Representatives 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 have the power to summon any persons to appear and give explanations or express opinions in relation to the affairs they are executing or considering.
The privilege provided in section 50 shall also extend its protection to the persons who execute the duties under this section.
Section68.At meetings of a committee under section 67, the attendance of not less than half of the number [of its members] is required for forming a quorum.
Section69.The Senate and House of Representatives have the power to establish rules on the conduct of meetings and discussions of each chamber for the carrying out of the provisions of this Constitution.
Section70.In the following events, the National Assembly shall meet jointly:
(1)the giving of approval to the succession to the throne, according to the provisions of section 12;
(2)the rediscussion of a bill, according to the provisions of section 30;
(3)the ceremony of opening a session of the National Assembly, according to the provisions of section 54;
(4)the passage of a resolution of confidence upon a Cabinet, according to the provisions of section 77;
(5)the giving of consent to the announcement of war, according to the provisions of section 83;
(6)the giving of approval to a written agreement, according to the provisions of section 84;
(7)the interpretation of the Constitution, according to the provisions of section 94.
Section71.The President of the Senate shall be the president of the joint meetings of the National Assembly, and the President of the House of Representatives, vice president.
Section72.At joint meetings of the National Assembly, the rules of the Senate on the conduct of meetings and discussions shall apply mutatis mutandis.
Section73.At joint meetings of the National Assembly, the provisions applicable to both chambers shall apply mutatis mutandis.
Section74.The Monarch establishes a Cabinet composed of one Prime Minister and Ministers numbering fifteen at least, twenty-five at most.
In appointing a Prime Minister, the President of the Supreme Council of State gives a countersignature. No Minister can be a regular public official.
Section75.The Cabinet shall have the power to carry out the public administration.
Section76.The Ministers who are not Members of the [National] Assembly have the right to attend and state facts or express opinions at the Senate, or House of Representatives, or joint meetings of the National Assembly, but they have no right to vote.
The privilege provided in section 50 shall apply mutatis mutandis.
Section77.In carrying out the public administration policy, the Cabinet must gain the 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 Cabinet.
The policy carried out by each Cabinet, regardless of whether it has been completed already or has been carried out to any extent, shall not be annulled or otherwise modified by a Cabinet which subsequently undertakes the public administration, save where it has been submitted [to the Monarch] for His decision and has received His permission.
Section78.The Ministers must collectively retire from office upon a royal command, or upon a resolution of no confidence passed by the House of Representatives in accordance with section 42 or the refusal by the National Assembly to give confidence in accordance with section 77, or upon the end of the House of Representatives which took part in giving confidence to them at the time when they assumed duties. In the latter event, and in the event that the Cabinet resigns of its own accord, the retired Cabinet must remain in office to continue working until a new Cabinet is established.
Section79.A ministership individually ends upon—
(1)a royal command;
(2)death;
(3)resignation;
(4)lack of the qualification under the provision of section 41(4);
(5)a resolution of no confidence passed by the National Assembly.
Section80.In the event of emergency where it is urgently necessary to maintain public safety or avert a public disaster and it is unable to convene the National Assembly in time, or when such an event occurs during dissolution of the House of Representatives, the Monarch may enact an emergency decree to be applied as an act.
At the next meeting of the National Assembly, the emergency decree shall be submitted to the National Assembly for its acknowledgement.
Section81.During a session, if the Cabinet finds that any taxation or money bill needs to be considered urgently and secretly for the maintenance of the interest of the State, it may advise the Monarch to enact [the bill] as an emergency decree to be applied as an act.
Section82.The Monarch has the prerogative to promulgate martial law.
Section83.The Monarch has the prerogative to announce war with the consent of the National Assembly.
Section84.The Monarch has the prerogative to conclude with all countries written agreements on pacification of war and other written agreements.
Section85.The Monarch has the prerogative to grant pardon.
Section86.The Monarch has the prerogative to enact royal decrees.
Section87.Subject to sections 56 and 74, legal provisions, royal rescripts, and royal commands of any kind which relate to the public administration must be countersigned by a Minister.
Section88.It is the exclusive power of the courts to try and adjudicate upon cases, which must be done in accordance with the law and in the name of the Monarch.
Section89.All courts can only be established by acts.
Section90.No new court can be established for 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.
Section91.Judges are independent in trying and adjudicating upon cases in accordance with the law.
Section92.Appointment, promotion of positions, promotion of monthly salaries, transfer, and removal of judges require the approval of the Monarch and of the Judicial Commission under the law on regulation of judicial public officials.
Section93.This Constitution can only be amended with the approval of the National Assembly.
Section94.The National Assembly wields the absolute power to interpret this Constitution.
A resolution on interpretation of this Constitution must be voted in favour by not less than half of the number of the Members of both chambers conjointly.
Section95.Any provision of law whose contents are repugnant or contrary to this Constitution is void.
Section96.In the initial period, the Senate is composed of the Members elected by the Monarch within a period of fifteen days from the day of coming into force of this Constitution and the Senate may be convened if necessary, in which event the Senate shall be vested with the powers and duties of the National Assembly until the election of Members of the House of Representatives according to the provisions of this Constitution is completely completed.
Section97.In the initial period, Members of the House of Representatives shall be elected using the numerical criterion of two hundred thousand inhabitants per one Member [of the House of] Representatives. If, in the area of any province, the number of the inhabitants according to the latest census exceeds two hundred thousand, that province shall be given an additional number of Members [of the House of] Representatives, that is, one per every two hundred thousand inhabitants. A surplus of two hundred thousand inhabitants shall, if reaching or exceeding the half thereof, be counted as two hundred thousand. In addition, the method of combination of provincial areas shall be used as the election method.
Qualifications of electors and electoral candidates, as well as the criteria and procedure for the election, shall be in accordance with the Third Amendment to “Elections Act, 2475 BE”, 2479 Buddhist Era, in so far as it is not contrary to the area combination method, and the prohibition under section 11[7] of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, shall be excluded.
Section98.The election of Members of the House of Representatives according to the provisions of section 97 shall be completely carried out within a period of ninety days from the day of coming into force of this Constitution.
Countersignature
- Field Marshal P Phibunsongkhram
- Military Commander of Thailand
- 9 November 2490
- Military Commander of Thailand
- ↑ In preparation for the 1947 coup d'état, a group of military officers led by Field Marshal Phin Chunhawan requested a group of jurists to draft this constitution in secret. Amongst the drafters were Phraya Latphli, chief of the Supreme Court of Justice; Colonel Suwan Phenchan, Judge Advocate General; Captain Prasoet Sutbanthat; Khemmachat Bunyarattaphan; and Group Captain Luean Phongsophon. After the drafting was finished, the draft was hidden under a water jar. Hence this constitution is generally known as Ratthathammanun Tai Tum (Thai: รัฐธรรมนูญใต้ตุ่ม; "Under-Jar Constitution"). (Wikisource contributor note)
- Reference: Panto, Piyawan (2020). "Ratthathammanun Tai Tum" [Under-Jar Constitution]. Thai Parliament Museum (in Thai).
- ↑ 1947 Common Era.
- ↑ The sign manual of Prince Rangsit, one of the two members of the Council of Regency for King Bhumibol Adulyadej. The other member, Phraya Manawaratchasewi, refused to sign the constitution, giving rise to the question as to the validity of this constitution because the law at that time required the signatures of both members for the validity of a document. (Wikisource contributor note)
- References
- Arts & Culture Editorial Board (2020). "Ratthaprahan Song Phan Si Roi Kaosip Kap Kamnoet Ratthathammanun Chabap Tai Tum Lae Naiphon Tum Daeng" [The Coup D'état of 2490 and the Origin of the Under-Jar Constitution and the Generals of the Red Jar]. Arts & Culture (in Thai).
- Phanomyong, Pridi (2020). "Khwam Pen Mokha Khong Ratthathammanun Chabap Song Phan Si Roi Kaosip" [Invalidity of the Constitution of 2490]. Pridi Banomyong Institute (in Thai).
- References
- ↑ Referring to the Constitution of 2475 BE (1932 CE).
- ↑ Referring to the Constitution of 2489 BE (1946 CE).
- ↑ In the Thai text, these officers are classified by the masculine classifier nai (Thai: นาย), which implies that these positions were only for males. (Wikisource contributor note)
- ↑ See section 11 of the Constitution of 2475 BE (1932 CE).
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