Translation:Constitution of the Kingdom of Thailand (Interim) Amendment (No. 2), 2491 BE

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Constitution of the Kingdom of Thailand (Interim) Amendment (No. 2), 2491 BE (1948)
National Assembly of Thailand, translated from Thai by Wikisource

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National Assembly of Thailand4101772Constitution of the Kingdom of Thailand (Interim) Amendment (No. 2), 2491 BE1948Wikisource

Constitution of the Kingdom of Thailand
(Interim) Amendment
(No. 2), 2491 BE

In the name of Somdet Phra Chaoyuhua Bhumibol Adulyadej
The Supreme Council of State, in the capacity of a Council of Regency

Rangsit Krommakhun Chainatnarenthon
Alongkot
Thaniniwat
Manawaratchasewi
Adundetcharat

Given on the 23rd day of January 2491 BE
Being the 3rd year of the present reign

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era, so that it shall contain provisions requiring a permanent constitution of the Kingdom of Thailand to be brought into existence in due time and requiring the amendments to this Constitution and the consideration of the draft permanent constitution to be carried out by joint meetings of the National Assembly;

Therefore, with the approval of the National Assembly, the Monarch gives a great royal command that a Constitution Amendment be enacted as follows:

Section1.This Constitution is called the "Constitution of the Kingdom of Thailand (Interim) Amendment (No. 2), 2491 BE".

Section2.This Constitution shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The following stipulations shall be inserted after subsection (7) of section 70 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era as subsections (8), (9), (10), and (11), respectively:

⟨"⟩(8)the making of an amendment to the Constitution, according to the stipulations of section 93;
(9)the election of Members of the Constitution Drafting Assembly, according to the stipulations of section 95bis;
(10)the establishment of regulations on the procedure for applying for candidacies and the procedure for electing Members of the Constitution Drafting Assembly, according to the stipulations of section 94quater;
(11)the discussion of a draft constitution, according to the stipulations of section 95sexies".

Section4.The stipulations of section 87 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era shall be repealed and replaced by the following stipulations:

"Section87.Subject to section 56, section 74, and section 95septies, any legal provisions, royal rescripts, and royal commands which relate to the public services of the State must be countersigned by a Minister."

Section5.The following stipulations shall be inserted after section 95 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era as section 95bis, 95ter, section 95quater, section 59quinquies, section 95 sexies, section 95septies, and section 95octies, respectively:

"Section95bis.There shall be an Assembly called the "Constitution Drafting Assembly", which is composed of Members elected by the National Assembly, of whom ten are from amongst the Members of the Senate, ten are from amongst the Members of the Chamber of Deputies, and [the others] are from the four types of the candidates in the election of Members of the Constitution Drafting Assembly as designated in section 95ter, five per each type.

The election of Members of the Constitution Drafting Assembly shall be conducted during the first session of the National Assembly after the election of Members of the Chamber of Deputies according to the transitory provisions of this Constitution.
Section95ter.Those who are not Members of the Senate or Members of the HChamber of Deputies and are of the qualifications as designated for any of the following types have the right to apply for candidacies in the election of Members of the Constitution Drafting Assembly:
Type1Those who have the qualifications of the candidates in the election of Members of the Chamber of Deputies according to the transitory provisions of this Constitution;
Type2Those who have such qualifications as said in Type 1 and are holding or once held positions of permanent secretaries, or director generals, or equivalents;
Type3Those who have such qualifications as said in Type 1 and once were Members of the House of Representatives, or Members of the Chamber of Deputies, or Members of the House of Elders, or are holding or once held positions of Ministers;

Type4Those who have such qualifications as said in Type 1 and have graduated with bachelor's degree or equivalents.
Candidates can only apply for candidacies in one type, and those who have the right to apply for candidacies in Type 2, Type 3, or Type 4 shall not apply for candidacies in Type 1.
Section95quater.The procedure for applying for candidacies and the procedure for electing the Members of the Constitution Drafting Assembly shall be in accordance with the regulations established by the National Assembly.
The membership of a Member of the Constitution Drafting Assembly terminates upon death or resignation only, and no election of a replacing Member shall be held.
Section95quinquies.The Constitution Drafting Assembly shall have the duty to draft a permanent constitution and finish it within one hundred and eighty days counted from the day the election of Members of the Constitution Drafting Assembly is completed.
Upon having finished drafting a constitution in accordance with the stipulations of the previous paragraph, the Constitution Drafting Assembly shall send such draft to the National Assembly without delay, and once the National Assembly has passed a resolution in accordance with the stipulations of section 95sexies, the existence of the Constitution Drafting Assembly shall terminate.
Section95sexies.The National Assembly shall discuss the draft constitution sent by the Constitution Drafting Assembly in accordance with the stipulations of the previous section, and pass a resolution as to whether or not it should be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand.
The Members of the Constitution Drafting Assembly have the right to go to and supplementarily explain the draft constitution at the meetings.
The draft constitution drawn up and sent to the National Assembly by the Constitution Drafting Assembly shall not be amended in any manner.
The passage of a resolution according to the stipulations of paragraph 1 shall be done by means of calling the Members out by their names to vote one by one, and shall not be done on the same day as the discussion day.
Section95septies.If the National Assembly, by the vote of more than half of the number of the Members of both chambers, passes a resolution that the draft constitution be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand, the President of the Senate shall then proceed with it in accordance with such resolution and shall countersign it.
Section95octies.In the event that the National Assembly passes a resolution that the draft constitution shall not be presented to the Monarch for His signature endorsing it as the constitution of the Kingdom of Thailand, or in the event that the Monarch fails to give an endorsing signature to it within a limit of one hundred and eighty days counted from the day it is presented to Him, there shall be a Constitution Drafting Assembly to draw a new draft constitution up and proceed with it in accordance with the provisions of this Constitution until the National Assembly passes a resolution that it be presented to the Monarch for His signature thenceforth endorsing it as the constitution of the Kingdom of Thailand."

Countersignatory:

Khuang Aphaiwong

Prime Minister

Bibliography

"Ratthathammanun Haeng Ratcha-anachak Thai (Chabap Chua-khrao) Kaekhaiphoemtoem (Chabap Thi Song) Phoso Song Phan Si Roi Kaosip Et" [Constitution of the Kingdom of Thailand (Interim) Amendment (No. 2), 2491 BE]. (1948, 3 February). Ratchakitchanubeksa [Royal Gazette], 65(7A), 47–54. (In Thai).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

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:

7. The following shall not be deemed copyright works under this Act:

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the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

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Translation:

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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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