CONSTITUTION OF THE KINGDOM OF
THAILAND
(INTERIM)
B.E. 2557 (2014)
SOMDET PHRA PARAMINTHARAMAHA
BHUMIBOL ADUYADEJ
SAYAMINTHARATHIRAT
BOROMMANATTHABOPHIT
Given on the 22nd Day
of July B.E. 2557 (2014)
Being the 69th Year of
the Present Reign
Phrabat
Somdet Phra Paramintharamaha Bhumibol Aduyadej Mahitalathibet Ramathibodi
Chakkri Narubodin Sayamintharathirat Borommanatthabophit is graciously pleased
to proclaim that:
Whereas
the National Council for Peace and Order comprising military and police forces
respectfully informed His Majesty that severe political conflict had emerged
and continued within the precinct of Bangkok Metropolitan and the contiguous
areas for the extended period of time and had hastily spread throughout almost
all regions of the country. This
situation had not only broken the unification of the people but also instituted
harmful attitude amongst Thais. The use
of illegal force and lethal weapons against whom having different attitudes
came out several times. Public safety
and living conditions of the people became hardship accordingly. National economic and State administration
had then been interrupted and the exercise of the sovereign powers through the
legislative, the executive and the judiciary had likewise been disrupted
thereby. Law enforcement was failure. This sort of perplexity had never been found.
Though the government tried to solve the
problem through the existed legal mechanisms and measures, e.g. applying the
laws relating to the maintenance of public peace and order, dissolving the
House of Representatives and running the general election; and such third
parties as private entities, the Constitutional Organizations, political
parties, the armed forces and the Senate tried to figure out the conflict by
means of peaceful negotiation, these tries however came to no avail. In addition, the new legal and political
conflicts unveiled and made the problems more complicated. The divergence of thoughts had broadened
widely and became more seriously till the portrayal of riot was foreseeable. This chaotic situation might be harmful to
lives, properties and living conditions of the public at large, works and debts
of farmers; especially rice farmers, national economic development, prevention
of natural disasters, trust in sovereign powers and confidence of foreign
investors. Further, criminals took this
chance to do more crimes and ignited much unrest which inevitably undermined national
security and reliance of the public to the democratic regime of government with
the King as the Head of State. The
National Council for Peace and Order therefore had no choice to deal with the
problems other than seizing and taking control of the State administration on
the 22nd Day of May B.E. 2557 (2014). In addition to declaring the
Constitution of the Kingdom of Thailand B.E. 2550 (2007), except the provisions
of Chapter II The King, come to an end, the National Council for Peace and
Order planned to restore national peace and order and the plan was divided into
three phases. The first and most urgent
phase was to deter the use of illegal force and lethal weapons, to cease
public mistrust and to alleviate economic, social, political and administrative
problems accumulated for more than six months.
The second phase was to bring into force the Interim Constitution in
order to establish the National Legislative Assembly to exercise the
legislative power and the Council of Ministers to exercise the executive power
so as to restore national peace and order, public unification and justice, to
solve economic, social, political and administrative problems and to enact
urgent and necessity legislations. The
National Reform Council and other necessary entities shall be established to
drive political and other reformations systematically. The new Constitution laying down appropriate
political system, measures for prevention and suppression of corruption and efficient,
effective and fair measures for examination of the exercise of State powers shall
also be drafted and completed within this phase. All these missions shall be handed on to the
representatives and the Council of Ministers under the new Constitution in the
last and final phase. For the
completion of the restoration plan as mentioned above, regard shall be had to
fundamental principles rather than symbolic procedure of the democratic regime
of government. In order to facilitate the
restoration process, peaceful atmosphere and harmony shall be created and
maintained so as to bring back public pleasure, meanwhile the unclear,
inefficient and unfair rules and procedures which were the causes of conflict
shall be reviewed in compliance with real public needs. Though the completion of the restoration
process as planned might take a period of time, but value arising therefrom would
be better than letting the crisis went along disorderly. Be it, therefore, commanded by the King that the following provisions shall be promulgated
as the Interim Constitution of the Kingdom of Thailand until the new
Constitution drafted under the provisions of this Constitution comes into
force.[2]
Section 1. Thailand is one and indivisible Kingdom.
Section 2. Thailand adopts a democratic regime of
government with the King as the Head of State.
The provisions
of Chapter II The King of the Constitution of the Kingdom of Thailand B.E. 2550
(2007) which still in force by the Notification of the National Council for Peace
and Order No. 11/2557 dated 22nd Day of May B.E. 2557 (2014) shall
be continued in force as an integral part of this Constitution, but, subject to
section 43 paragraph one, anywhere in those provisions which refer to the
National Assembly or the President of the National Assembly shall mean the
National Legislative Assembly or the President of the National Legislative
Assembly under this Constitution, as the case may be.
Section 3. Sovereign powers belong to Thai people. The King as the Head of State shall exercise
such powers through the National Legislative Assembly, the Council of Ministers
and the Judiciary under the provisions of this Constitution.
Section 4. Subject to the provisions of this
Constitution, all human dignity, rights, liberties and equality of the people
protected by the constitutional convention under a democratic regime of
government with the King as the Head of State, and by international obligations
bound by Thailand, shall be protected and upheld by this Constitution.
Section 5. Whenever no provision under this Constitution
is applicable to any case, it shall be done or decided in accordance with the
constitutional convention under a democratic regime of government with the King
as the Head of State, but such constitutional convention shall not contrary to,
or inconsistent with, this Constitution.
In the case
where the question concerning the decision under paragraph one arises in the
affairs of the National Legislative Assembly, it shall be decided by the
National Legislative Assembly. If the
question does not arise in the affairs of the National Legislative Assembly,
the National Council for Peace and Order, the Council of Ministers, the Supreme
Court or the Supreme Administrative Court may request the Constitutional Court
to make decision thereon, but the request of the Supreme Court or the Supreme
Administrative Court shall be approved by the plenary session of the Supreme
Court or the Supreme Administrative Court and on the matter related to the
trial and adjudication of cases.
Section
6. There shall be the National Legislative
Assembly, consisting of not more than two hundred and twenty members as
appointed by the King from the persons of Thai nationality by birth of not less
than forty years of age in accordance with the recommendation of the National
Council for Peace and Order.
The National
Legislative Assembly shall act as the House of Representatives, the Senate and
the National Assembly.
Section 7. In making of recommendation for the
appointment of the members of the National Legislative Assembly, regard shall
be had to knowledge, experience and varieties of persons from various groups in
public sector, private sector, social sector, academic sector, professional
sector and other sectors which may be beneficial to the performance of duties
of the National Legislative Assembly.
Section 8. A member of the National Legislative Assembly
shall not be under the prohibitions as follows:
(1) being or
having been a person holding any position in a political party within three
years prior to the date of appointment as a member of the National Legislative
Assembly;
(2) being a
Buddhist priest, novice, monk or clergy;
(3) being
bankrupt or having been dishonestly bankrupt;
(4) having been
under suspension of the right to vote;
(5) having been
expelled, dismissed or removed from official service, State agency or State
enterprise on the grounds of dishonest performance of duties or deemed as
having committed dishonest acts or malfeasance in official service;
(6) having been
ordered by a judgement or an order of the Court that his assets shall vest in
the State on the grounds of unusual wealth or an unusual increase of assets;
(7) being under suspension
of the right to hold political position or having been removed from office;
(8) having been
sentenced by a final and conclusive judgement for an offence related to
malfeasance in office, an offence related to malfeasance in judicial office, an
offence related to narcotics drugs or an offence related to gambling as he was
a croupier or host;
(9) having been
sentenced by a final judgement to imprisonment except for an offence committed
through negligence or a petty offence.
No member of the
National Legislative Assembly shall be a member of the National Reform Council or
a Minister at the same time.
Section 9. A member of the National Legislative Assembly
vacates office upon:
(1) death;
(2) resignation;
(3) being
disqualified under section 6 paragraph one or being under the prohibitions
under section 8;
(4) being
removed from office by the resolution of the National Legislative Assembly
under section 12;
(5) failing to
vote at the meeting of the National Legislative Assembly more than the number of
votes as prescribed by the rule of the National Legislative Assembly on
meeting.
A question related
to vacating from office of a member of the National Legislative Assembly under
paragraph one shall be decided by the National Legislative Assembly.
Section 10. The King appoints, in accordance with the
resolution of the National Legislative Assembly, a member of the National
Legislative Assembly to be President of the National Legislative Assembly and
not more than two members to be Vice-Presidents of the National Legislative
Assembly.
The Head of the
National Council for Peace and Order shall countersign the Royal Command
appointing members, President and Vice-Presidents of the National Legislative
Assembly.
Section 11. The members of the National Legislative
Assembly shall be representatives of Thai people and shall devote themselves to
the performance of duties in good faith for public benefit of Thai people.
Section 12. If a member of the National Legislative
Assembly disgraces the dignity of members of the National Legislative Assembly
or obstructs any member of the National Legislative Assembly in the performance
of his duties, not less than twenty five members of the National Legislative
Assembly may request the President of the National Legislative Assembly to remove
that member from office.
The resolution
of the National Legislative Assembly under paragraph one shall be made by the
votes of not less than two-thirds of the total number of the members.
Section 13. At a meeting of the National
Legislative Assembly, the presence of not less than one-half of the total
number of the members shall constitute a quorum.
The National
Legislative Assembly shall have the power to issue the rule on election and the
performance of duties of the President, the Vice-Presidents and its Committee,
meeting, introduction and deliberation of bills and Organic Law bills, submission
of motions, discussion, making resolutions, interpellation, peace keeping and
other related matters for the performance of its duties.
Section 14. The King has the power to enact an Act by
and with the advice and consent of the National Legislative Assembly.
A bill may be
introduced by not less than twenty five members of the National Legislative
Assembly, the Council of Ministers or the National Reform Council under section
31 paragraph two. A money bill shall be
introduced only by the Council of Ministers.
A money bill
under paragraph two means a bill with the provisions dealing with the
imposition, repeal, reduction, alteration, modification, remission or
regulation of taxes or duties, or the allocation, receipt, custody or payment
of State funds, or the transfer of expenditures estimates of the State, or the
raising of, or guaranteeing or redemption of, loans or any binding of State’s
properties, or currency.
In case of doubt
as to whether any bill introduced to the National Legislative Assembly is a
money bill, the President of the National Legislative Assembly shall have the
power to make decision thereon.
If a bill
introduced by members of the National Legislative Assembly or the National
Reform Council, the Council of Ministers may, before the National Legislative
Assembly adopts the principle of that bill, draw that bill for its
consideration.
An enactment of
the Organic Act shall be made in accordance with the provisions of this
section, but an introduction thereof shall be made only by the Council of
Ministers or the person having charge and control of the execution of such
Organic Act.
Section 15. The Prime Minister shall present the
bill or Organic Law bill approved by the National Legislative Assembly to the
King for His signature within twenty days as from the date of receiving such
bill from the National Legislative Assembly and the bill shall come into force
as an Act or Organic Act upon its publication in the Government Gazette.
If the King
refuses His assent to the bill or Organic Law bill either returns it to the
National Legislative Assembly or does not return it within ninety days, the
National Legislative Assembly must reconsider such bill. If the National Legislative Assembly resolves
to reaffirm the bill by the votes of not less than two-thirds of the total
number of existing members, the Prime Minister shall present such bill to the
King for His signature once again. If
the King does not sign and return the bill within thirty days, the prime
Minister shall cause the bill to be promulgated as an Act or Organic Act in the
Government Gazette as if the King had signed it.
Section 16. At a meeting of the National Legislative
Assembly, every member shall have the rights to interpellate a Minister on any
matter under his authority, but the Minister shall have the right to refuse a
reply if he is of opinion that the matter should not be disclosed yet on the
ground of safety or vital interest of the State or that interpellation is
prohibited by the rule of the National Legislative Assembly. The quorum of the National Legislative Assembly
in this case may be different from the quorum as prescribed by section 13
paragraph one if so prescribed by the rule on meeting.
If there is a
matter which involves an important problem, not less than one-third of the
total number of the members of the National Legislative Assembly may submit a
motion for general debate with the Council of Ministers, but the vote of
confidence or no-confidence shall not be made.
Section 17. In the case where there is an important
problem in the administration of State affairs in regard which the Council of
Ministers deems it advisable to take opinions from members of the National
Legislative Assembly, the Prime Minister may give a notice to the President of
the National Legislative Assembly requesting that a general debate be held at a
sitting of the National Legislative Assembly.
In this case, no resolution shall be passed by the National Legislative
Assembly on the issue put in the debate.
Section 18. At a sitting of the National Legislative
Assembly, words expressed in giving statements of fact or opinions, or the
casting of votes by any member, are absolute privileged. No charge or action in any manner whatsoever
shall be brought against such member.
The privilege
under paragraph one extends to all Committees of the National Legislative
Assembly, the printers and publishers of the minutes of the sitting upon the
order of the National Legislative Assembly or its Committees, the persons
permitted by the presiding member to give statements of fact or opinions at the
sitting as well as the persons who broadcast the sitting through radio,
television or other means with the permission of the President of the National
Legislative Assembly. But this privilege
does not extend to a member of the National Legislative Assemble who expresses
words at a sitting which is broadcasted through radio, television or other
means if such words appear out of the precinct of the National Legislative
Assembly and constitute a criminal offence or a wrongful act against any other
person who is not a Minister or a member of the National Legislative Assembly.
In the case
where a member of the National Legislative Assembly is retained or detained,
such member shall be released upon request of the President of the National
Legislative Assembly. In the case where
a criminal charge is brought against a member of the National Legislative
Assembly, the Court shall try the case as usual unless the President of the
National Legislative Assembly requests for the suspension of that trial.
Section 19. The King appoints the Prime Minister in
accordance with the resolution of the National Legislative Assembly and not
more than thirty-five other Ministers as recommended by the Prime Minister to
constitute the Council of Ministers having the duties to carry out the
administration of State affairs, to conduct reformation in all aspects and to
strengthen unification and harmonization of Thai people.
Before taking
office, a Minister must make a solemn declaration before the King in the following
words: “I, (name of the declarer), do solemnly declare that I shall be loyal to
the King and shall faithfully perform my duties in the interests of the country
and of the people. I shall also uphold
and observe the Constitution of the Kingdom of Thailand in every respect.”
The King has the
prerogative to remove the Prime Minister from office in accordance with the
recommendation of the President of the National Legislative Assembly made by
the resolution of the National Legislative Assembly as introduced by the
National Council for Peace and Order, and to remove the Minister in accordance
with the recommendation of the Prime Minister.
The Royal
Command appointing and removing the Prime Minster shall be countersigned by the
President of the National Legislative Assembly.
The Prime
Minister and Minister shall have the right to attend, and to give statements of
fact or opinions to, the sitting of the National Legislative Assembly or the
National Reform Council, but having no right to vote. In this case, the provisions on privilege
under section 17 shall apply to the giving of statements of fact or opinions of
the Prime Minister and Minister under this section mutatis mutandis.
Section 20. The Prime Minister and Minister shall have
the qualifications and not being under the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age;
(3) having graduated with not lower than a
Bachelor’s degree or its equivalent;
(4) not being or having been a member of a political
party within three years prior to the date of appointment, and not being under
the prohibitions under section 8;
(5) not being a member of the National Legislative
Assembly, the National Reform Council, the Constitution Drafting Committee or
local assembly or local administrator;
(6) not being a judge of the Constitutional Court,
a judge of any Court, a State Attorney, a commissioner of the Election
Commission, an Ombudsman, a commissioner of the National Counter Corruption
Commission, a commissioner of the State Audit Commission, the Auditor-General
or a member of the Human Rights Commission.
The Prime
Ministership or the Ministership terminates upon disqualifications or being
under the prohibitions under paragraph one or upon the provisions of section 9
(1) or (2).
Section 21. In case of emergency and necessary urgency
in order to maintain national security, public safety, national economic
security or to avert public calamity or there is necessary to have a law on taxes,
duties or currency which requires an urgent and confidential deliberation, the
King has the prerogative to issue an Emergency Decree which shall have the
force as an Act.
When the
Emergency Decree comes into force, the Council of Ministers shall introduce
such Emergency Decree to the National Legislative Assembly without delay. If the National Legislative Assembly approves
such Emergency Decree, it shall continue to have the force as an Act. In case of disapproval, such Emergency Decree
shall lapse. In this case, the lapsed
Emergency Decree shall not affect any act done through the period of its
enforcement. If the lapsed Emergency
Decree has the effect of amending or repealing any provision of any Act, the
provision that in force before the amendment or repeal shall continue to be in
force as from the day such Emergency Decree had lapsed.
An approval or
disapproval of the Emergency Decree shall be published in the Government
Gazette. In case of disapproval, it
shall be effective as from the date of its publication in the Government
Gazette.
Section 22. The King has the prerogative to issue a
Royal Decree which is not contrary to the law, the prerogative to grant a
pardon and other prerogatives in accordance with the constitutional convention
under a democratic regime of government with the King as the Head of State.
Section 23. The King has the prerogative to conclude a
peace treaty, armistice and other treaties with other States or international
organizations.
A treaty which
provides for a change of the territories of Thailand or the external
territories that Thailand has sovereign rights or jurisdiction thereon under
any treaty or an international law, or requires an enactment of an Act for its
implementation or has wide scale effects on economic or social security of the
country, shall be approved by the National Legislative Assembly. In this case, the National Legislative
Assembly shall complete its deliberation within sixty days as from the date of
receipt of such matter.
The treaty with
wide scale effects on economic or social security of the country under paragraph
two means a treaty related to free trade or customs cooperation area, to the
use of natural resources, to waive the rights in any natural resources of the
country, wholly or partly, or other matters as prescribed by law.
If there is in
doubt whether any treaty is a treaty under paragraph two or paragraph three,
the Council of Ministers may request the Constitutional Court to make a
decision thereon. In this case, the
Constitutional Court shall have a decision within thirty days as from the date
of receipt of the request.
Section 24. The King appoints and removes officials in
the military service and civil service who hold positions of Permanent
Secretary of State, Director-general and their equivalents, judges, positions
of the Constitutional Organs established by the Constitution of the Kingdom of
Thailand B.E. 2550 (2007) and other officials as prescribed by laws, except in
the case where they vacate office upon death.
Section 25. All laws, Royal Manuscripts and Royal
Commands related to State affairs shall be countersigned by a Minister;
provided that otherwise prescribed by this Constitution.
Section 26. Judges are independent in the trial and
adjudication of cases in the name of the King in accordance with the
Constitution and laws.
Section 27. There shall establish the National Reform
Council to study and provide recommendation for reform in the following fields:
(1) politics;
(2)
administration of State affairs;
(3) laws and
judicial procedure;
(4) local
administration;
(5) education;
(6) economy;
(7) energy;
(8) public
health and environment;
(9) mass
communication;
(10) social;
(11) others,
with a view to setting
up of a democratic regime of government with the King as the Head of State
which is suitable for Thai context, establishing the trustworthy and fair
election system, establishing the efficient mechanism for prevention and
suppression of corruption, eliminating economic and social inequality for
sustainable development, enabling State mechanism to provide public services
thoroughly, efficiently and effectively, and strengthening law enforcement rigorously
and fairly.
Section 28. The National Reform Council consisting of
not more than two hundred and fifty members as appointed by the King from the
persons of Thai nationality by birth with not less than thirty-five years of
age in accordance with the recommendation of the National Council for Peace and
Order.
The King
appoints, in accordance with the resolution of the National Reform Council, a
member of the National Reform Council to be the Chairperson of the National
Reform Council and not more than two members of the National Reform Council to
be the Vice-Chairpersons of the National Reform Council.
The Head of the
National Council for Peace and Order shall countersign the Royal Command
appointing members of the National Reform Council, the Chairperson and the Vice-Chairpersons
of the National Reform Council.
Section 29. A member of the National Reform Council
shall not being under the prohibitions under section 8 (2) (3) (4) (5) (6) (7)
(8) and (9), and the provisions of section 9 shall apply to the vacation from
office of a member of the National Reform Council mutatis mutandis, but
the power to make a decision under section 9 paragraph two shall be the power
of the National Reform Council.
Section 30. The National Council for Peace and Order
shall select the persons to be appointed as members of the National Reform
Council in accordance with the following rules:
(1) there shall establish the Selective Committee
for each field of reform under section 27 to nominate the qualified persons in
each field, and there shall establish the Provincial Selective Committee in
each province to nominate the qualified persons whom domiciled in each province;
(2) the Selective Committee for each field of
reform shall be appointed by the National Council for Peace and Order from the
persons having apparent knowledge and experience and being generally accepted
persons in each field;
(3) the Selective Committee shall propose the list
of the nominees whom having qualifications under section 28 and not being under
the prohibitions under section 29 and having apparent knowledge and experience
in each field to the National Council for Peace and Order. In this case, no member of the Selective
Committee shall be nominated;
(4) in the nomination under (3), regard shall be
had to varieties of persons from each group of persons in public sector,
private sector, social sector, academic sector, professional sector and other
sectors which shall be beneficial to the performance of duties of the National
Reform Council, apportion of persons from each province, gender opportunity and
equality of the nominees and the conferment of the socially underprivileged
persons;
(5) the Provincial Selective Committee shall
consist of the members as prescribed by the Royal Decree;
(6) the Nation Council for Peace and Order shall
select not more than two hundred and fifty persons to be appointed as members
of the National Reform Council from the list of nominees proposed by the
Selective Committees under (1). In this number,
one nominee nominated by each Provincial Selective Committee shall be selected.
The number of
members of each Selective Committee, the selection procedure and period of
selection, the number of the nominees and other necessary matters shall be
prescribed by the Royal Decree.
Section 31. The National Reform Council shall have the
powers and duties as follows:
(1) to study, analyze and propose the guideline and
proposal for the reform of any field under section 27 to the National
Legislative Assembly, the Council of Ministers, the National Council for Peace
and Order and other related agencies;
(2) to give advice or recommendation to the
Constitution Drafting Committee for the purpose of Constitution drafting;
(3) to deliberate and approve the Draft
Constitution proposed by the Constitution Drafting Committee.
For the purpose
of (1), if the National Reform Council is of opinion that it is necessary to
have an Act or Organic Act comes into force, it shall prepare and introduce
that bill to the National Legislative Council for deliberation. If it is a money bill or Organic Law bill, it
shall be submitted to the Council of Ministers.
The National
Reform Council shall give advice or recommendation under (2) to the
Constitution Drafting Committee within sixty days as from the date of its first
meeting.
The provisions
of section 13 and section 18 shall apply to the performance of duties of the
National Reform Council mutatis mutandis.
Section 32. There shall establish the Constitution Drafting
Committee to prepare the Draft Constitution, consisting of thirty-six members
appointed by the Chairperson of the National Reform Council from the following
persons:
(1) the Chairperson of the Committee as proposed by
the National Council for Peace and Order;
(2) twenty persons as proposed by the National
Reform Council;
(3) persons as proposed by the National Legislative
Assembly, the Council of Ministers and the National Council for Peace and Order,
five persons each.
An appointment
of the Constitution Drafting Committee under paragraph one shall complete
within fifteen days as from the date of the first meeting of the National
Reform Council.
If a member of
the Constitution Drafting Committee vacates office by whatever reason, the
remaining members shall continue their duties.
In this case, it shall be deemed that the Constitution Drafting
Committee consists of the remaining members, but the Chairperson of the
National Reform Council shall, in accordance with the rules as prescribed in
paragraph one, appoint a new member of the Constitution Drafting Committee to
fulfil the vacancy within fifteen days as from the date the member of the
Constitution Drafting Committee vacates office.
The provisions
of section 18 shall apply to the performance of duties of the Constitution
Drafting Committee mutatis mutandis.
Section 33. A member of the Constitution Drafting
Committee shall be a person of Thai nationality by birth of not less than forty
years of age and not being under the prohibitions as follows:
(1) being a person holding political position, but
not including a member of the National Council for Peace and Order, a member of
the National Legislative Assembly or a member of the National Reform Council;
(2) being or having been a member of, or holding
any position in, political party within three years prior to the appointment;
(3) being under the prohibitions under section 29;
(4) being judge or a person holding any position in
Constitutions Organs under the Constitution of the Kingdom of Thailand B.E.
2550 (2007).
For the
prevention of conflict of interests, no member of the Constitution Drafting
Committee shall hold any political position within two years after vacating
office.
Section 34. The Constitution Drafting Committee shall
propose the Draft Constitution to the National Reform Council for deliberation
within one hundred and twenty days as from the date of receipt of the advice or
recommendation of the National Reform Council under section 31 (2).
The Constitution
Drafting Committee shall, in preparing the draft Constitution, take the advice
or recommendation of the National Legislative Assembly, the Council of
Ministers, the National Council for Peace and Order and comments of the public
and related agencies into its deliberation.
Section 35. The draft Constitution shall cover the
following matters:
(1) the principle of being one and indivisible
Kingdom;
(2) the democratic regime of government with the
King as the Head of State which is suitable for Thai context;
(3) the efficient mechanism for prevention,
examination and suppression of corruption in both public and private sectors,
including mechanism to guarantee that State powers shall be exercised only for
national interest and public benefit;
(4) the efficient mechanism for prevention of a
person whom ordered by a judgement or any legal order that he commits any
corruption or undermines the trustworthiness or fairness of an election from holding
any political position stringently;
(5) the efficient mechanism which enabling State
officials; especially a person holding political position, and political party
to perform their duties or activities independently and without illegal
manipulation or mastermind of any person or group of persons;
(6) the efficient mechanism for strengthening the
Rule of Law and enhancing good moral, ethics and governance in all sectors and
levels;
(7) the efficient mechanism for restructuring and
driving economic and social system for inclusive and sustainable growth and
preventing populism administration which may damage national economic system
and the public in the long run;
(8) the efficient mechanism for accountable
spending of State fund which shall be in response of public needs and
compliance with financial status of the country, and the efficient mechanism
for audit and disclosure of the spending of State fund;
(9) the efficient mechanism for prevention of the
fundamental principle to be laid down by the new Constitution;
(10) the mechanism which is necessary for further
implementation for the completion of reform.
The Constitution
Drafting Committee shall deliberate the necessity and worthiness of the
Constitutional Organs of, and other organizations to be established by the provisions
of, the new Constitution. In case of
necessity, measures to ensure the efficient and effective performance of each
organization shall be addressed.
Section 36. The Constitution Drafting Committee shall
propose the Draft Constitution to the Chairperson of the National Reform
Council. In this case, the Chairperson
of the National Reform Council shall convene the meeting of the National Reform
Council for deliberation of the Draft Constitution within ten days as from the
date the Chairperson of the National Reform Council receives the Draft
Constitution.
A member of the
National Reform Council may submit a proposal for amendment of the Draft
Constitution within thirty days as from the date the meeting under paragraph
one adjourned. Each proposal for
amendment of the Draft Constitution shall be endorsed by not less than
one-tenth of the total number of members of the National Reform Council. A member who proposes or endorses any
proposal for amendment of the Draft Constitution shall not propose or endorse
any other proposal submitted by other members.
The Constitution
Drafting Committee shall also propose the Draft Constitution to the Council of
Ministers and the National Council for Peace and Order for their
recommendations. The proposal for
amendment of the Draft Constitution may be submitted by the Council of
Ministers or the National Council for Peace and Order within thirty days as
from the date of receipt of the Draft Constitution.
The proposal for
amendment of the Draft Constitution shall be submitted directly to the
Chairperson of the Constitution Drafting Committee.
Section 37. The Constitution Drafting Committee shall
deliberate the proposal for amendment of the Draft Constitution within sixty
days as from the expiration of the submission period under section 36 paragraph
two. In this case, the Constitution
Drafting Committee may make an amendment to the Draft Constitution as
appropriated.
The amended
Draft of the Constitution made under paragraph one shall be introduced to the
National Reform Council for its approval or disapproval, and the National
Reform Council shall have the aforesaid resolution within fifteen days as from
the date of receipt of the Draft of the Constitution from the Constitution
Drafting Committee. In this case, the
National Reform Council is unable to make any amendment to the Draft of the
Constitution; provided that an unnecessary mistake has been found and the
Constitution Drafting Committee agrees upon or the Constitution Drafting
Committee is of opinion that it is necessary to make such amendment for the
completion of the Draft of the Constitution.
If the National
Reform Council approves the Draft of the Constitution under paragraph two, the
Chairperson of the National Reform Council shall present the Draft of the Constitution
to the King for His signature within thirty days as from the date the approval
has been made. When His signature has
been given, the Draft of the Constitution shall come into force as the
Constitution upon its publication in the Government Gazette. The Chairperson of the National Reform
Council shall countersign His Royal Command.
In the case
where the King refuses His assent to the Draft of the Constitution and either
returns it to the National Reform Council or does not return it within ninety
days, the Draft of the Constitution shall lapse.
Section 38. In the case where the National Reform
Council is unable to finish its deliberation on the Draft Constitution within
the prescribed period, or where it does not approve the Draft of the Constitution,
or where the Draft of the Constitution is lapsed under section 37, the National
Reform Council and the Constitution Drafting Committee shall be expired. In this case, the new National Reform Council
and Constitution Drafting Committee shall be appointed to exercise the powers
and duties as prescribed by this Constitution.
If the
Constitution Drafting Committee fails to finish the Draft Constitution within
the period as prescribed by section 34, that Constitution Drafting Committee
shall be expired and the new Constitution Drafting Committee shall be appointed
within fifteen days as from the expiry date of its predecessor.
The Chairperson,
Vice-Chairpersons and members of the National Reform Council and the
Chairperson, Vice-Chairpersons and members of the Constitution Drafting
Committee which are expired under paragraph one or paragraph two shall not be
the Chairperson, Vice-Chairpersons and members of the new National Reform
Council or the Chairperson, Vice-Chairpersons and members of the new
Constitution Drafting Committee, as the case may be.
Section 39. Upon the completion of the Draft Constitution,
the National Reform Council and the Constitution Drafting Committee still
existence for the purpose of drafting Organic Bills or other bills as
necessary. In this case, the National
Reform Council may appoint its Committees to deliberate the necessary
bills. Upon the new Constitution comes
into force, the existence and the performance of duties of the National Reform
Council and the Constitution Drafting Committee shall be in accordance with the
provisions of the new Constitution.
Section 40. Salaries, emoluments and other benefits of
the President and Vice-Presidents of the National Legislative Assembly,
Chairperson and Vice-Chairpersons of the National Reform Council, persons
holding position in the National Council for Peace and Order, members of the
National Legislative Assembly, members of the National Reform Council and
members of the Constitution Drafting Committee shall be prescribed by the Royal
Decree.
Section 41. The provisions on qualifications or
prohibitions of the person holding political position in any law shall not
apply to the persons holding position in the National Council for Peace and
Order, members of the National Legislative Assembly, members of the National
Reform Council, members of the Constitution Drafting Committee, political
officials under the law on political officials and political officials of the
National Assembly under the law on administration of officials of the National
Assembly.
Section 42. The National Council for Peace and Order
under the Notification of the National Council for Peace and Order No. 6/2557
dated 22nd Day of May B.E. 2557 (2014) shall be the National Council
for Peace and Order to exercise the powers and duties under this Constitution.
In case of
necessity for the benefit of the performance of duties, the Head of the
National Council for Peace and Order may change or add a person holding
position in the National Council for Peace and Order, but the total number of
members shall not exceed fifteen members.
In this case, the Head of the National Council for Peace and Order may
order any agency to be secretariat unit of the National Council for Peace and
Order as appropriate.
If the National
Council for Peace and Order is of opinion that the Council of Ministers should
perform any matter under its powers and duties under section 19, the National
Council for Peace and Order shall inform the Council of Ministers to proceed
therewith.
If it is
appropriate, the Head of the National Council for Peace and Order or the Prime
Minister may ask for joint sitting between the National Council for Peace and
Order and the Council of Ministers so as to consider or solve any problem
related to the maintenance of peace and order or national security or to
consider any other matter from time to time.
Section 43. Before the existence of the National
Legislative Assembly, if any law prescribes as to whether any matter shall be
approved or acknowledged by the House of Representatives, the Senate or the
National Assembly, the Head of the National Council for Peace and Order shall
have the power to give approval or to acknowledge such matter in place of the House
of Representatives, the Senate or the National Assembly.
Prior to the
date the Council of Ministers under this Constitution takes office, all powers
and duties of the Prime minister and the Council of Ministers shall be
exercised by the Head of the National Council for Peace and Order.
Section 44. In the case where the Head of the National
Council for Peace and Order is of opinion that it is necessary for the benefit
of reform in any field and to strengthen public unity and harmony, or for the
prevention, disruption or suppression of any act which undermines public peace
and order or national security, the Monarchy, national economics or
administration of State affairs, whether that act emerges inside or outside the
Kingdom, the Head of the National Council for Peace and Order shall have the
powers to make any order to disrupt or suppress regardless of the legislative,
executive or judicial force of that order.
In this case, that order, act or any performance in accordance with that
order is deemed to be legal, constitutional and conclusive, and it shall be
reported to the National Legislative Assembly and the Prime Minister without
delay.
Section 45. Subject to section 5 and section 44, the jurisdiction
of the Constitutional Court is to decide whether any law is contrary to, or inconsistent
with, this Constitution as well as the jurisdiction conferred thereto by the
Organic Act on Ombudsmen and the Organic Act on Political Party. In case of the Ombudsmen, the matter to be
submitted to the Constitutional Court is restricted to the matter that any law
is contrary to, or inconsistent with, this Constitution.
The rules of
procedure and judgement of the Constitutional Court shall be in accordance with
the law on such matter. In the absence
of that law, it shall be made in accordance with determinations of the
Constitutional Court on rules of procedure and judgement which is in force prior
to the date this Constitution comes into force if it is not contrary to, or
inconsistent with, the provisions of paragraph one or this Constitution.
Section 46. In case of necessity and appropriateness, the
Council of Ministers and the National Council for Peace and Order shall have
joint resolution to amend this Constitution and propose the draft Constitution
Amendment to the National Legislative Assembly for approval.
The National
Legislative Assembly shall approve or disapprove the draft Constitution
Amendment within fifteen days as from the date of receipt of the draft
Constitution Amendment.
The National
Legislative Assembly is unable to amend the draft Constitution Amendment,
except where the Council of Ministers and the National Council for Peace and
Order agree upon.
The approval
shall be made by a majority of votes of the existing members of the National
Legislative Assembly.
If the National
Legislative Assembly approves the draft Constitution Amendment, the Prime
Minister shall present the draft Constitution Amendment to the King for His
signature within fifteen days as from the date the approval has been given. When His signature has been given, the draft
Constitution Amendment shall come into force as the Constitution upon its
publication in the Government Gazette. The
Prime Minister shall countersign His Royal Command. In this case, section 37 paragraph four shall apply mutatis
mutandis.
Section 47. All Notifications and Orders of the
National Council for Peace and Order as well as Order of the Head of the
National Council for Peace and Order which were notified or made between the 22nd
Day of May B.E. 2557 (2014) until the date the Council of Ministers takes
office under this Constitution, regardless of their legislative, executive or
judicial force, as well as all acts performed in compliance therewith before or
after this Constitution comes into force shall be deemed to be legal,
constitutional and conclusive. Any
Notification or Order that still in force prior to the date this Constitution
comes into force shall be in force until it is amended or repealed by law,
rule, regulation, resolution of the Council of Ministers or order, as the case
may be.
In the case
where the National Council for Peace and Order has ordered any person to hold
or vacate any official position as prescribed by section 24 prior to the date
this Constitution comes into force, the Prime Minister shall present the King
for appointment or removal.
Section 48. All acts which have been done in relation
to the seizure and control of the administration of State affairs on the 22nd
Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and
Order and the National Council for Peace and Order, including all acts which
have been done by any person in connection with the aforesaid acts, or by the
person who has been entrusted or ordered by the Head of the National Council
for Peace and Order or the National Council for Peace and Order, for the
fulfilment of such purposes, regardless of their legislative, executive or
judicial force, as well as any punishment and other acts performed in relation to
the administration of State affairs and whether the actors of those act are principals,
accessories, persons who employ another to commit those acts or the employed
persons and whether those acts done before or after the date mentioned above,
if the aforesaid acts were illegal, all related person shall be exempted from
being offenders and shall be exempted from all liabilities.
Countersigned
by:
General Prayut Chan-O-Cha
Head of the National Council
for Peace and Order
[2]Published in the Government Gazette Vol.
131, Part 55 Kor, dated 22nd Day of July B.E. 2557 (2014)
