Unofficial translation
CONSTITUTION OF THE KINGDOM OF THAILAND
BOOK IV
REFORM AND RECONCILLIATION
CHAPTER 1
General Provisions
Section
277. The provisions in this book
create duties to the National Assembly, Council of Ministers, Courts of
Justice, every government organization and citizen to reform and reconcile in
accordance with the principle and time period as provided in this Constitution.
Section
278. The provisions in this Book
shall cease to be in force as from the date that this Constitution has been in
force for five except if the citizen with the rights to vote for no less than
fifty thousand in number, the National Assembly, or the Council of Ministers
arranges for referendum to have the provisions in this Book to continue to be
in force. However, it shall not exceed five years as from the date that the
majority of the citizen with the rights to vote approves the referendum as
provided by the Organic Law on Referendum.
CHAPTER 2
Reform to Reduce the Disparity
and to Create Fairness
Part 1
National Reform Assembly and the
National Reform Strategy Committee
Section 279. For the benefit of the continuous
reform of the country, there shall be the National Reform Assembly and the
National Reform Strategy Committee which shall consist of the following persons
and origins:
(1)
the National Reform Assembly shall consist of members not
exceeding one hundred and twenty persons, whom are appointed by the King from
the following persons;
(a)
sixty members of the National Reform Assembly under the
Constitution of the Kingdom of Thailand (Interim) B.E. 2557;
(b)
thirty members of the National Legislative Assembly under the
Constitution of the Kingdom of Thailand (Interim) B.E. 2557;
(c)
expertise who have skills in different kinds of reforms;
(2)
the National Reform Strategy Committee shall consist of full time
members of the committees and come from qualified persons who are experts in
different types of reforms for not exceeding fifteen persons appointed by the
King, upon the resolution of the National Reform Assembly.
The Prime Minister shall
countersign the appointment of the members of the National Reform Assembly and
the National Reform Strategy Committee.
Qualifications,
prohibitions, rules and obtaining of members under paragraph (1) and committee
under (2), other powers and duties, execution of work including other necessary
matters shall be in accordance with the Organic Law on National Reform.
The National Reform
Assembly and the National Reform Strategy Committee shall have the following
powers and duties:
(1)
to propel the reform by proposing policies and recommendation for
reform to the National Assembly, Council of Ministers or relevant agencies in
order to reduce the disparity and create fairness as provided in this Chapter.
In respect of other reforms which are not provided in this Chapter shall be
executed in accordance with recommendations of the National Reform Strategy
Committee, with the approval of the National Reform Assembly of a vote of no
less than three-fourth of the total number of the existing members of the
Council;
(2)
to present plans and procedure in the enactment of laws and the
performance in order to create the reform of the National Reform Assembly and
plans and strategic reform of every part to integrate to actually and
continuously reduce the disparity and create fairness;
(3)
to promote education, research, and publication of knowledge
concerning reform;
(4)
to create and develop potentials of the public to be good citizens
including to promote the social movement with the reform assembly procedure;
(5)
to follow up and evaluate the work of related agencies in order to
create harmonised reform in accordance with the provisions in this
Constitution;
(6)
to perform other acts as provided by the Constitution or laws.
When the Council of
Ministers receives the proposal under (1), it shall consider carrying out such
proposal and supporting with sufficient budget. In the case where the
Council of Ministers is unable to carry out the proposal, it shall inform its
reasons to the National Assembly and the National Reform Assembly for
acknowledgement. In the case where the be the National Reform Assembly passes a
resolution with the votes of no less than three-fourths of the total number of
the existing members of the National Reform Assembly that the reform, which the
Council of Ministers does not carry out, is highly important and that the
referendum, on whether or not such execution shall be carried out, shall be
held. The result of such referendum shall have the binding effect on the
Council of Ministers and the National Reform Assembly.
There shall be a
secretariat office of the National Reform Assembly which shall be independent
in management of personnel, budget, and other matters as provided by the
Organic Law on National Reform.
There shall be an annual
assessment of the performance of work of the National Reform Assembly and the
National Reform Strategy Committee by the National Assessment Committee. It
shall inform the National Reform Assembly and the National Reform Strategy
Committee and publish the result of assessment to the public as provided by the
Organic Law on National Reform.
Section 280. In carrying out section 279 paragraph
four (1), if it sees that it is necessary to enact an Act, the National Reform
Assembly and the National Reform Strategy Committee shall draft a bill
concerning such case and submit it to the National Assembly. Such draft shall
be submitted to the Senate first. If the Senate considers the proposed draft
bill and passes the resolution of disapproval, such draft bill shall lapse. If
the Senate considers the draft bill and passes a resolution of approval, the
Senate shall submit such draft bill to the House of Parliament. The provisions
in part 6 on the enactment of an Act and Organic Law and Part 7 on the control
of enactment of an Act which is contradictory or inconsistent to the Constitution
shall apply mutatis mutandis. A Senate committee
considering such draft bill shall consist, at least, one-half of the members of
National
Reform Assembly and the National Reform Strategy Committee.
The Senate and the House
of Representative shall appoint a non-standing committee to consider such bill
and such committee shall consist no less than half of its member of the member
of National Reform Assembly and the National Reform Strategy Committee
When the House of
Representatives have completed its consideration of the draft bill in paragraph
one:
(1)
if it agrees with the Senate, it shall
continue to carry out under section 156;
(2)
if
it disagrees with the Senate, such draft bill shall be returned to the Senate.
If the Senate passes a resolution to reaffirm the original bill by the votes of
more than two-thirds of the total number of the existing members of the Senate,
such bill shall be deemed to be approved by the National Assembly and shall be
carried out under section 156.
In the case where the
proposed draft bill under paragraph one is a money bill it can only be
submitted to the Senate upon the endorsement of the Prime Minister. In this regard, the Prime Minister shall
consider for endorsement within thirty days as from the date of receiving the
bill. In the case where the Prime
Minister fails to notify the result of consideration within the specified
period, the Prime Minister shall be deemed to endorse such bill.
Part 2
Various Fields of
Reforms
Section 281. The plans and procedure
in the reforms, enactment of acts and carrying out to result in different
fields approved by the National Reform Assembly especially the carrying out of
different fields of reforms as provided in this part.
Section
282. There shall be legal
reforms and judicial procedure as follows:
(1)
to allow the public to easily access the
laws and rules, an Act on the legal Code to gather and amend the laws and rules
on different matters shall be enacted in a complete and modern manner to
publicize to the public;
(2)
to allow the citizen with low income to
receive legal and case assistance, an Act on legal and cases assistance shall
be enacted. There shall be an agency to widely provide necessary legal
recommendations to the public, to provide lawyers with actual capacities on
cases to precede penal, criminal and administrative cases to citizen with low
income. A fund providing legal and cases assistance shall be established for
such matter by which the public and professional organizations shall jointly
carry out such performance;
(3)
the Law Reform Commission shall have
duties and powers to submit to the National Reform Assembly to consider a
repeal or amendment of laws or rules, as the case may be, which unnecessary
restricts freedom of the citizen or creates unnecessary burden or procedure;
(4)
to amend the laws on the license issuance in the monopoly manner,
concession, or providing rights to carry out an operation, by publicly
tendering as the principle, except otherwise is necessary. The Council of
Ministers may pass a resolution to carry out by any other means but it shall be
notified to the public. Any license which is not preceded as permitted without
a reasonable ground, such license shall be deemed to cease. The government
agency with the authority to issue the license shall prove the necessity of
having such license to the National Assembly every five year;
(5)
to reform the law on alternative judicial procedure, judicial
procedure for the harmony including dispute settlement between the citizens by
the community judicial procedure or community dispute conciliation for the
integration on mechanism and procedure in such matters;
(6)
there shall be a mechanism for enforcement
of civil cases and administrative cases under the Courts of Justice to enforce
the Court rulings and orders of the Courts of Justice and Administrative Court
as provided by law;
(7)
to arrange the study and training to
cultivate the public to obey the laws, honor the persons who strictly and
honestly obey the laws and to punish state officials who fail to effectively
enforce the laws;
(8)
to reform structure and powers and duties
of Office of the Royal Thai Police by transferring the non-core mission of the
Royal Thai Police to other relating agencies, prescribe measures to prevent
inference with juridical process by political group, prescribe standard criteria
for appointment or transfer of polices to be in accordance with the moral
standard, decentralized administrative power of polices to Changwat level,
establish public participation process in police businesses, improve
investigative works in order to be independent from the Office of the Royal
Thai Police, allow attorney-general official, Governors, Chief District Officer
to have power to join investigation with investigative agency where requested
by the public, improve forensic works in the Office of the Royal Thai Police to
be independent and efficient and having personal administrative system that
adhere to the principle of specialized knowledge, and adequately allocate and
decentralize the power to manage budget to area areal units for efficient
execution.
Section
283. There shall be reforms on
finance, public finance and taxes under the following means:
(1)
to arrange for two levels of taxes which
are the national level and the local level and to allow local administrative
organizations to have income as necessary for the local expenses. There shall
also be the effective system to inspect the use of public budget. In this
regard, it shall be as provided by law;
(2)
to establish the law providing the
personnel to their organization to the related government agency so that every
citizen with income is in the system completely. This is to receive the data
which the state can use for consideration when providing assistance to persons
with insufficient income and for the persons who pay taxes to receive the
benefits as provided by law;
(3)
to adjust the tax system to be efficient,
impartial, fair and reduce the economic disparity by considering an abolishment
of tax reduction or exemption to the least possible ways;
(4)
to arrange the national pension system in
order to cover the citizens which are not in the pension system so that they
can live sufficiently and sustainably.
There shall be the
Committee on Reform of finance and taxes which is independent within the period
of one year as from the date that this Constitution is promulgated. It shall
consist of representatives from public sector, private sector and academic
sector in appropriate proportion and shall have duties and powers to study,
analyze and recommend amendments on laws on finance and taxes to create
efficiency, impartiality, fairness and economic and social disparity
appropriately. This is also to increase the basis of tax in different fields
and other powers and duties as provided by law.
Section 284. There shall be a reform in
administration of state affairs as follows:
(1)
the administration of state affairs and
allocation of budget shall be in accordance with long term national strategies
and national economic and social development plans;
(2)
to clearly specify the scope of the duties
and powers of state agencies in administration of state affairs in the manner
of task force, regional public administration
and other areas and coordinate with integration by holding the principle
of participation and happiness of the public;
(3)
to create the system and mechanism in the
administration of state affairs by highlighting the providing of services via
information technology;
(4)
to revise the work and services to the
public provided by state agencies in order to reduce and abolish an overlapping
work. Any public service which may be provided by the private sector, civil
society or local administrative organizations with quality and standard of no
less than the level provided by the government agency. Moreover, the price is
not too high. Government agency shall terminate its performance and transfer
such duties and services to the private sector,
civil society or local administrative organizations to carry out such
tasks;
(5)
to establish regional administration and
development agency which supports development of provinces located in the
region and supervise government agencies in the area. Such agency is to make
plans and administer the area budget in order to develop the regions in
accordance with the country development plan and its work shall not overlap
with the work of the province and local administrative organizations. It shall
coordinate the development administration between the central administration,
regional administration and local administration. This is to ensure the
integration and sustainability of the develop in provincial areas as provided
by law;
(6)
the independent Committee on remuneration
of state personnel shall be established to study, analyze, compare remuneration
including salary, welfare and other benefits of the state official in every
type and level and remuneration in the private sector. This shall be notified
to the National Assembly and the Council of Ministers and published to the
public every period as provided by law.
Section
285. There shall be reforms in
local administration as follows:
(1)
to enact legislation and establish a
mechanism which is necessary for the establishment of local administrative
organization fully in the provincial areas and shall complete it within one
year as from the date that this Constitution is promulgated. The establishment
of local administrative organizations shall be promptly carried out in the
areas where they are ready and appropriate;
(2)
to establish the national decentralization
of powers Committee which shall consist of representatives from the public
sector, local administrator, local officials and qualified persons and one half of the members of the committee
shall, at least, consist of the qualified persons and representatives from the
citizen assembly. The committee shall specify policies, central standard and
propel the decentralization of powers with unity and successfully decentralize
the powers. There shall be Office of the National Decentralization of Powers
Committee responsible as the secretariat and is responsible for secretariat
work and other duties as necessary as provided by law.
Section 286. There shall be educational reform for
development of persons to be good citizens with knowledge and potentials by
holding the following principles:
(1)
to decentralize the powers in educational
management by reducing the roles of the Sate from the education provider to
provider of education, promotion, support and supervising policies, plans,
standard and following up the assessment of providing of service and promoting
the educational institutes to be able to administer education independently,
efficiently and responsibly to the result of the educational management. In this
regard, the private sector, communities and local administrative organizations
shall jointly participate in such matter in an appropriate manner;
(2)
to directly allocate expenses per head to
every student sufficiently in accordance with necessity and appropriateness for
the education in primary level through the secondary level in both general and
vocational education;
(3)
to improve the system of development
children in the primary years from the moment a child en vatre sa mere.
This shall be done by improving the knowledge to the one who takes care of such
child to ensure appropriate capability and relationship in looking after small
child in the pre-school age to have complete development and readiness to learn
in every aspect including the physical, psychological, intelligence, mood and
society;
(4)
to improve the vocational education to the
production system and development of personnel in the production line to be
skillful and capacity in professional performance in accordance with needs and
fields in which expertise is in short supply;
(5)
to improve the higher educational system
to be under knowledge management and building of knowledge in an effective
manner and to be able to compete with foreign countries and promote academic
potentials to serve the society;
(6)
to develop the knowledge management by
highlighting the thinking process, use of reasons and learning by doing. This
shall include promoting of knowledge environment and public advertisement in
education, promotion of education in science and technology together with
education in the fields of arts, culture, language, and religion and population
study. This is in order to instill conscious of good citizenship with morality,
ethics, and good governance of Thai people in every level and this includes
knowledge which is penetrative to changes of the world society and able to
create the society of intellectual;
(7)
to improve the production system,
development and assessment of teachers and educational personnel by using the
educational achievement of students. In this regard, the production shall
emphasize on the characteristics and capacities as appropriate to different
level of education;
(8)
to develop the system of good governance
in the educational circle in order to solve corruption and malfeasance and to
establish the system of transparency inspection of the administration and
educational management of every level;
(9)
to adjust the systems of test and
evaluation of the educational result to be the test for learning, skills and the qualifications of learners to
spread in every aspect in order to develop such learners. In respect of the
evaluation of educational institutes, it shall be the evaluation for
development and quality certification;
(10)
to improve the structure of national,
regional and local educational administration in order to enhance the level of
quality and efficiency of education and human development and to facilitate the
educational reform and develop human to reach successfulness.
(11)
to improve the professional councils to
have specific powers to certify the curriculum under their responsibilities
without affecting academic freedom of higher educational institutes;
(12)
to establish the educational law code and
this shall be by amending the law on national education, the law on official
administration of the Ministry of Education, the law on teachers and
educational personnel and the law on Teachers’ Council including the law on
standard and educational quality certification, allocation of educational
resources and on actual participation of the public, communities, private
sector and civil society in the educational administration. In this regard, it
shall be as provided in the provision in this part.
In order to execute the
educational reform under this section promptly and continuously, the Committee
on national educational policies and human development shall be established
under the supervision of the Prime Minister within one year as from the date
that this Constitution is promulgated. It shall have the duties to reform the
education and develop human in all aspects of life, to prescribe policies,
strategic plans, to scrutinize the allocation of budget on education and human
development including conducting and improving all laws necessary to resolve
any obstacles to educational reform of every agency which administers
education.
Composition, sources,
powers and duties and operation of the Committee on national educational
policies and human development shall be as provided by law.
Section 287. There shall be reforms in management
and administration of national resources, environment and urban planning. Such
reforms shall consider the philosophy of sufficient economy, good governance on
environment, fair and sustainable access to natural resources and sustainable
development as follows:
(1)
reforms in the system and structure,
organization and laws on management and administration of natural resources and
environment. This shall be by conducting environmental law Code, natural
resources law Code, an enactment of law relating to water management, protected
sea area management, hazardous waste and sewage management and law on community
right and decentralization. This shall include amendment of laws on promotion
and conservation of environmental quality, the law on urban planning and urban
development and other related laws;
(2)
to improve the mechanism for management
and administration of natural resources and environment by developing the
system and structure of the Environmental Impact Assessment Report, Impact
Assessment on health, Environment Fund, urban planning, use of land management,
the system of the use of sea area management. The environment assessment shall be
included in the strategy when specifying policies, plans and area development,
establishment of national income account which include the calculation of cost
on natural resources and environment, the system of environmental tax,
expansion of responsibilities of producers in relation to impacts from products
and the use of other economic tools in environment as necessary;
(3)
to develop the judicial procedure on
environment, to improve the system of calculation of environmental damage cost,
to amend the law on proceeding and rehabilitation of damage, organization and
institutes concerning environmental fairness and enforcement of environmental
cases;
(4)
to improve the mechanism and procedure in
management and administration of natural resources and environment to allow the
public and communities to truly participate.
Section 288. There shall be an
energy reform as follows:
(1)
to manage and administer the energy with
good governance and sustainability. Petrol and other natural fuel which are the
national resources and are for the maximum benefit of the country and the
public truly. There shall be an enactment or amendment of the law on petroleum
and other relevant laws on petroleum in accordance with the earlier principle;
(2)
to improve the exploration, production and
the use of petroleum or other energies. It shall consider the impact on natural
resources, environmental quality including the way of lives and health of the
public and communities;
(3)
to undertake to ensure that the public
acknowledges, accesses and understands the data on energy and participate in
the prescription of policies and plans on energy in both national and local
levels. This shall include the follow-up and inspection of the carrying out of
policies and plans.
Section 289. There shall be the labor reform in
accordance with the following means:
(1)
to enact a law and to specify the
mechanism for the freedom of labor in association, unification
and negotiation in accordance with the international standard;
(2)
to support the establishment of Labor Bank
to be the financial fund for laborer to promote saving and self-development
which would lead to better quality of life.
Section
290. There
shall be a reform in culture under the principle of participation in planning
and management and administration by the public and the principle of balances
between the government sector, private sector and the public in accordance with
the following means:
(1)
to promote the establishment of arts and
culture assembly in the local and national levels which shall consist of the
civil society in accordance with the readiness in each area. This is to
protect, rehabilitate, inherit, promote and develop the arts and culture work
in accordance with the diversity in each area. Such assembly shall be
independent and coordinate with the National Reform Assembly and the National
Reform Strategy Committee;
(2)
to establish the fund on national culture
as the fund for civil society to create arts and culture;
(3)
local administrative organizations shall
support the budget and undertake whatever is necessary for the promotion of
arts and culture.
Section 291. There shall be a reform on science and
technology in accordance with the following means:
(1)
there shall be a measure in promotion and
development of knowledge on basic science, improvement of teaching and learning
of science so that the learners have reasons and are able to think
scientifically. This shall include personnel development on science and
technology to obtain knowledge and expertise. There shall be attractive measure
for Thai scientists who resides in the country and in foreign countries to use
their knowledge and expertise to develop science and technology of the country;
(2)
to
sufficiently invest in education, research, innovation, and infrastructure in
science and technology of the country and there shall be tax incentives and
other means to attract the private sector to undertake such acts or join the
public sector. This shall include assistance measure in technology transfer and
to allow such transfer to truly occur in order to use it as the mechanism in
propelling the country to sustainable development and responsive to
globalization;
(3)
to establish the data on invention in
science and technology and shall widely publicize such data including to
promote the use of the research result and invention in the production process
and services;
(4)
to establish and develop the mechanism in
protecting, sharing and using of the invention, thinking, and creativity in
science and technology efficiently;
(5)
to support or invest in local
administrative organizations, communities and small entrepreneurs in the
sectors of agriculture, production process and services to use the technology
and innovation to increase the value of products and services. Local
administrative organizations, communities and small entrepreneurs shall
participate appropriately to build local and community capacity to be able to
stand by themselves
In order to
execute the reform on science and technology under this section promptly and
continuously, the Committee on national reform of science and technology shall
be established within one year as from the date that this Constitution is
promulgated. It shall have duties to reform the education and develop human in
all aspects of life, to prescribe policies, strategic plans, to scrutinize the
allocation of budget on education and human development including conducting
and improving all laws necessary to resolve any obstacles to the development of
science and technology of the country.
Composition,
sources, powers and duties and operation of the Committee on national
educational policies and human development shall be as provided by law.
Section
292. There shall be the reform
on macro economy in accordance with the following means:
(1)
to amend the law in order to
systematically and effectively prevent, reduce, restrict or destroy monopoly
and restriction to competition. The law shall promote free and fair competition
between businesses, amongst the private sector, and between the state enterprises
and private sector. This shall include a prevention of large business operators
to abuse their dominant powers. In the case where it is necessary for the state
to monopolize in a business which is beneficial to the majority of the public,
the state shall supervise in order to ensure fairness to the consumers;
(2)
to manage and administer the state
enterprises systematically, effectively and transparently. This shall include a
revise of necessity in maintain each state enterprise and their efficiency. Operational
goals of each state enterprise shall be established clearly and good governance
of state enterprise shall be improved to the international level.
Roles and duties of the governmental organizations relating
to state enterprise shall be prescribed clearly by dividing the difference
between the agencies which supervise the businesses in sectorial economy and
agencies which are the owner of the state enterprise on behalf of the state.
The principle of good governance and prevention of political interference shall
be used. There shall be a reform of state enterprise which are making a loss or
inefficient by establishing an independent organization to take responsibility
in restoring such state enterprises;
(3)
to undertake acts which allow the public and
community organization to be equal in opportunity, to have basic knowledge on
finance, and to access basic financial
services in the forms of community saving fund, community cooperatives, banking
system, capital market or other forms including access to important public
utility;
(4)
to continuously allocate additional
budgets for extra development in accordance with appropriateness in order to
develop poor areas and groups of low income to allow community to be strong and
to reduce economic disparity;
(5)
to support the private sector and the
public to participate in resolving the problems of economic and social
disparity by using appropriate tax legal measure;
(6)
to adjust the structure of supervision and
promotion of the cooperatives by improving the standard of performance of the
cooperatives to be for saving and to be a secured financial institute with good
governance. This is also to improve of other cooperatives in order to promote
unification and strength of members under the philosophy of sufficiency economy.
For the benefits in
resolving the issue of poverty and disparity of income and social opportunity,
a central organization shall be established to have powers and duties in
prescribing strategies, scope of policy, goal in poverty elimination, and reduction
in clear disparity amongst the public. It shall also be responsible for
coordination and evaluation of performance of work and other duties and powers
as provided by law.
Section 293. The State shall reform micro-economy
in accordance with the following means:
(1) there
shall be a strategy plan and execution plan on development of the agricultural
sector and agriculturalists, defining the agricultural area including
development of standard of agricultural products, the system of product process
and agricultural innovation by integrating local knowledge and research study
and development. This is to ensure that the agriculturalists have knowledge and
income security and to establish Thailand as the base for food security and
central future agricultural products and food trading in Asia;
(2) to
dissipate the possession of land fairly, to provide, to reform and to manage
the State and private lands which are not economically used so that such lands
can facilitate the agriculturists and communities to gain access to the land
for making a living. This shall include preserving the land under the
conditions as provided by law. The measure used shall be: the establishment of
the Land Bank, granting the privilege to the communities to manage the land and
resources, land and building tax collection or other appropriate measures. This
shall be systematically coordinated and shall lead to the maximum benefit use
of land;
(3) to
protect the agriculturalists to receive fairness from agricultural monopoly,
contract farming and unfair contract by amending the law on unfair contract
terms and enact a law in order to organize contract farming to render it fair
for agriculturalists;
(4) to
promote the risk security system for agriculturalists in the case where the
risk of production or marketing occurs;
(5) to
promote the development and expansion of area for sustainable agriculture to
ensure that it covers, at least, one fourth of the agricultural area. This is
to create safety and food security and to increase competitiveness in Thai
agricultural sector. There shall also be the law on development and promotion
of sustainable agriculture and the agriculturalist organizations and
communities shall play an important role in promoting the system of sustainable
agriculture together with the public sector. There shall be a control on
advertisement on agricultural chemical and promoting its appropriate use in
accordance with the academic principle. This is to reduce unnecessary use of
agricultural chemicals, to reduce impacts on environment, health of the
agriculturalists and consumers;
(6) to
promote tourism sector to be quality tourist places. They shall not be
hazardous to the environment and are in accordance with the identity and
culture in order to increase income to the country and to distribute such
income to the public widely. Participation of such acts shall come from the
public sector, private sector and communities and harmonize the work including
plans and budgets;
(7) to reform
in order to improve the infrastructure and logistics, to reform the
transportation system and to connect every kind of transportation in the
domestic and international levels. This is to promote the management of supply
chain, to increase the competitiveness and to increase the quality of life
including to build a mechanism in cooperation between the public sector and the
private sector in such reform;
(8) to build
and develop a society of entrepreneurs by supporting an systematic
establishment of small and medium enterprise, supporting the investment,
creating the capability to access capital, using innovation to produce
commercial products including promoting the creative economy;
(9) to
systematically promote and support investment of Thai private sector in foreign
countries in creating opportunities, providing information, establishing the
tax measure and other protection measures, investment banks and other related
matters.
Section 294. There shall be a reform on public health in
accordance with the following means:
(1)
to speed up the development of public
health system which highlight the service providing of primary health
emphasizing the area as base and the public as the center. This shall include
health promotion and protection of threatening diseases and dangers. All these
are to result in the communities and local administrative organizations being
able to operate such matters together;
(2)
to reform the management and
administration of the health security including finance of the health fund to
have similar characteristics and standard and to contain equality and fairness,
sufficiency and sustainability. This shall emphasis on the participation of all
stakeholders in looking after the system. This shall consider wide
accessibility, effectiveness and efficiency. These are to oversee the overall
picture and sustainability of finance and to establish the execution policies
which are fair, reduce disparity, efficient in management and administration
and reach the standard and accepted in public health service providing;
(3)
to control expenditure on health by
promoting to the public the basic information on looking after their health;
(4)
to establish a mechanism which supervises
healthcare system and provision of healthcare service in the fair market
economy system, to supervise price of drugs and medical fee to be at the
appropriate level and fair to service recipients;
(5)
to reform the production system and
decentralize personnel to the countryside by promoting the building of medical
personnel via state and private educational institutes;
Section 295. There shall be a social reform in
accordance with the following means:
(1)
to reform the laws, rules, and regulations
which would help to promote communities to be strong, have the right to take
care and manage natural resources and community fund. This is to provide public
services and welfare for people in the communities by cooperating with local
administrative organizations, private sector and civil society;
(2)
to reform the social welfare system
including the social service providing, social security of all groups of
citizens, social assistance, and support for social partnership to have wide
coverage, sufficient, sustainable, with quality, accessible, and partner with
different sectors. This shall highlight the families and communities as the
base to establish the strength promotion for civil society and volunteers to
execute such work. These are also to improve the assistance system to be
continuous to the underprivileged people, disabled people and people near the
borders. These shall include the architecture and the housing system which are
appropriate to eliminate the disparity and to establish the fairness and good
quality of life of the public;
(3)
the state, state organizations, local
administrative organizations, and religious places shall arrange for public
space to allow people in the communities to jointly use for the activities to
create social relationship, entertaining activities and sports;
(4)
to establish a long term plan and execute
such plan in order to be ready for the society of old citizen of Thailand
especially to establish the saving system for living as the elderly and to be
ready for the appropriate elderly age of the public. It shall improve the
appropriate retirement system. There shall also be the reform of elderly
welfare for those who have insufficient income to survive and to allow them to
live appropriately. There shall be a long term care and the use of intelligence
capital of the elderly including promoting strong unification and network. A
system, mechanism and procedure in management and administration of assets
ensuring the long-term care of elderly shall be established;
(5)
the safety security of products and
services especially on food safety and a system or mechanism to protect
consumers in accordance with advance protection shall be established. These are
to prescribe the protection measure to prevent damages or to reduce the impact
from cases where they are predictable and a fund for primary compensation and
damages for consumers who receive damage from unsafe products or services shall
be established.
There shall be a
Committee on social and community reform within one year as from the date that
this Constitution is promulgated. Such Committee shall study and establish
plans, recommendations and other laws to push forward the social and community
reform. It shall also have duties to follow up, supervise, and promote the
social reform to be solid and continuous. In this regard, composition, sources
and powers and duties are as provided by law.
Section 296. There shall be a reform in media and
information technology for the benefit of receiving information of the public.
This shall reach the standard with high quality and receive credibility in the
country level and at the international level. The reform shall be in accordance
with the following means;
(1)
to establish a mechanism to promote the
media professions to have freedom together with responsibility, to push forward
the development of mechanism which would secure the freedom from domination and
interference by the state powers and capital. This is to ensure that the
information gained is correct, complete and covers every aspect. This shall
include the promotion of welfare and welfare in the performance of media
professions;
(2)
to push forward the development of
measures and mechanisms in supervising the media to be more efficient and to be
able to supervise themselves on the ethic matter, to supervise the public
sector, to establish the measure to promote the public, users and consumers to
be aware of the media and to be aware of rights and freedom and responsibilities.
These are to avoid hatred between people in the nation, religion and violence
between one another;
(3)
to
establish a mechanism for distribution and sharing of national communication
resources in order to provide opportunities to the public to gain access and to
jointly use the benefits. These shall include the promotion of alternative
media, community media, peace media and the promotion and support of creativity
and production and content which are the public interest and there shall be an
agency with legal authority to supervise such matters.
CHAPTER 3
Reconciliation
Section
297. For the
purpose of establishing the harmony, unity and reconciliation among the people
of the nation to peacefully live together in the democratic society with
differences and measure which will lead the country to sustainable stability
and peace, there shall be an independent National Reconciliation Promotion
Committee consisting of members of no less than fifteen people appointed by the
King from qualified persons who are politically impartial or are not sided with
any side of the conflicts or a leader of the conflict.
Sources,
term of office, powers and duties and operation of the independent National
Reconciliation Promotion Committee including the secretariat and other
necessary matters shall be in accordance with the Organic Law on the Thailand
Reform Committee and promotion of reconciliation.
Section
298. The Independent National
Reconciliation Promotion Committee shall have the following duties and powers:
(1)
to study and analyze in order to find
grounds for conflicts in the country, damages occurred and recommend means to
resolve such matters to the Council of Ministers or National Assembly. In this
regard, it shall consider the report or study result produced by other
organizations, whether it is domestic or foreign one;
(2)
to establish, execute, and coordinate to
create the environment which facilitates the living in harmony and
reconciliation of the people in the country. It shall promote the knowledge
learning and the use of resolution process to jointly resolve the conflict, to
build the network in order to establish the reconciliation in different sectors
and to establish the process of reconciliation;
(3)
to be a mediator in coordinating between
leaders of the conflict in order to reduce or cease the conflict between one
another;
(4)
to gather facts and to conduct reports
concerning the conflict, violation of law, violation of human rights and
related persons who are offenders. In this regard, the names of related persons
or other data which may reveal the identify shall be prohibited except
otherwise is a reveal in accordance with the rules, procedure and time as
provided by law;
(5)
to rehabilitate people who are victims and
their families including to restore human dignity and mind of the affected
persons;
(6)
to submit an enactment of a Royal Decree
offering Pardon to person who provides facts which are highly useful to the
execution of work and to offenders who illustrate their awareness in the
offence to the independent National Reconciliation Promotion Committee;
(7)
to study and publicize to the public so
that they are aware of the impact of violence, hatred including necessity and
benefits of resolving the conflict by peaceful means. This shall include an
establishment of reminder for the society to consider the harmful effect and
damage occurred to jointly prevent such incidents from reoccurring;
(8)
to promote and recommend the reform to
create the fairness in the society especially the judicial proceeding. Such
proceeding shall take into consideration the diversity in the society and
culture. The Committee shall submit a bill for such act to the Thailand Reform
Committee to further submit it to the National Assembly;
(9)
to execute any other matter as provided by
Organic Law on the Thailand Reform Committee and promotion of reconciliation.
The Council
of Ministers, the National Assembly, and state organization shall coordinate
with the independent National Reconciliation Promotion Committee including the
allocation of sufficient budget for the execution of the independent National
Reconciliation Promotion Committee.
FINAL PROVISIONS
Amendment of the
Constitution
Section
299. The Motion to amend the
Constitution which results in a change of the democratic regime of government
with the King as Head of State or a change of the form of the State shall be
prohibited.
Section
300. The amendment of the
provisions in the Constitution in the General Chapter Book I the King and the
citizen and the amendment of the important basic principle as provided in this
Constitution shall be executed in accordance with the rules and procedure in
section 302.
The
important basic principle under paragraph one means:
(1)
security to protect rights and freedom and
political participation of the citizen;
(2)
the structure of the political institute
namely the establishment of the two assemblies, composition of each assembly,
checks and balances between the executive branch and the legislative branch;
(3)
the mechanism to maintain the discipline
on finance, public finance and budget;
(4)
the substance of the provisions in Book
III Rule of Law, Court and Organization Inspecting the Exercise of Powers of
the State;
(5)
the substance of the provisions in Book IV
on Reform and Reconciliation;
(6)
the rules to amend the Constitution as
provided in this final provision.
The amendment to extend
or to increase the right and freedom or political participation of the citizen
or to increase the efficiency of the performance of the Court or Constitutional
Organs which have duties to inspect the exercise of State powers shall not be
deemed an amendment of the important basic principle under this section.
Section 301. An amendment of the Constitution
shall be in accordance with the rules and procedure as follows:
(1) a motion
for amendment must be proposed either by the Council of Ministers, Members of
the House of Representatives of no less than one-fourth of the total existing
members of the House of Representatives or members of the House of
Representatives and the Senate of no less one-fourth of the total existing
members of both Houses or persons having the rights to votes of no less than
fifty thousand in number under the law on the public submission of a bill;
(2) a motion
for amendment must be proposed in the form of a draft Constitution Amendment
and the National Assembly shall consider it in three readings;
(3) voting in
the first reading for adoption in principle shall be by roll call and open
voting, and the amendment must be approved by votes of not less than one–half
of the total existing members of both Houses;
(4) section
by section deliberations in the second reading shall be made in consultation
with citizens having the right to vote who submit a draft Constitution
Amendment;
Voting in the second reading for
section by section deliberations shall be decided by a simple majority of
votes;
(5) at the
conclusion of the second reading, there shall be an interval of fifteen days
after which the National Assembly shall proceed with its third reading;
(6) voting in
the third and final reading shall be by roll call and open voting, and its
promulgation as the Constitution shall be approved by votes of no less than
two-third of the total existing member of both Houses;
(7) after a
resolution has been passed in accordance with the above rules and procedure,
prior to presenting the draft to the King for his Royal Signature, the draft
Constitution Amendment, approved by the National Assembly, shall be submitted
to the Constitutional Court to consider whether such draft Constitution
Amendment has been enacted in accordance with the provisions in the
Constitution or whether there is any statement which is contradictory or
inconsistent with section 299. Such act shall be complete within thirty days as
from the date of receipt. In the case where the Constitutional Court rules that
the draft Constitution Amendment has been enacted in contradictory with the
provisions of this Constitution or contained any statement which is
contradictory or inconsistent with section 299, such draft constitution
amendment shall lapse. However, in the case where the Constitutional Court sees
that the amendment is the amendment to the important basic principle, the
National Assembly shall further proceed under section 302;
(8) the draft
Constitution Amendment ruled by the Constitutional Court that it is not
contradictory or inconsistent with this Constitution shall be presented to the
King, within twenty days as from the date that the Constitution has its ruling,
for His Royal Signature. When it is promulgated in the Government Gazette, it
shall come into force. The provisions in section 156 and section 157 shall
apply mutatis mutandis but a resolution shall be voted with the majority of no
less than two-thirds of the total existing members in both Houses.
Section 302. The Constitution
Amendment under section 300 shall be executed in accordance with the rules and procedure
under section 301 (1) (2) (3) (4) (5) (6) and (7). President of the National
Assembly shall submit the draft Constitutional Amendment to the Election
Commission to arrange for a referendum by citizens having the right to vote
prior to presenting the draft to the King as provided by the Organic Law on
Referendum.
In the case where the
majority of people with the rights to vote disapprove of the promulgation of
the draft Constitution, such draft shall lapse. However, in the case where the
majority people with the rights to vote approve of the promulgation of the
draft Constitution, such draft shall be presented to the King for his Royal
Signature and come into force upon its publication in the Government Gazette.
Section 303. Every five year as from the date that
this Constitution is promulgated, the Secretariat of the House of
Representatives shall notify the House of Representatives, the Senate, the
Council of Ministers, the Supreme Court of Justice, the Constitutional Court,
the Supreme Administrative Court and Constitutional Organs which have duties to
inspect the exercise of the State powers to appoint qualified person from each
of the mentioned organization to be an independent group of qualified persons
to assess the enforcement of the Constitution.
In the case where the
group of qualified persons under paragraph one sees that it is appropriate to
amend the Constitution, it shall submit a draft Constitution Amendment to the
House of Representatives, the Senate, the Council of Ministers in order to
consider the execution of their powers and duties and public to the public for
information.
TRANSITORY PROVISIONS
Section
304. The Privy Council holding
office on the date of the promulgation of this Constitution shall be Privy
Council under the provisions of this Constitution.
Section
305. The National Legislative
Assembly under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557
shall act as the National Assembly, the House of Representatives, and the
Senate under the provisions of this Constitution until the first meeting of the
National Assembly under section 136.
During the
period under paragraph one, if the provisions of this Constitution or other
laws prescribes that the President of the National Assembly, the President of
the House of Representatives, or the President of the Senate shall countersign
a Royal Command, the President of the National Assembly shall countersign the
Royal Command in lieu thereof.
At the
initial period, if there must be a first meeting of the National Assembly under
section 136 but a Senate is not yet formed, the National Legislative Assembly
shall continue to act as the Senate; except for the consideration for
appointment or removal of any person from office under the provisions of this
Constitution. This shall continue until there is a Senate under this
Constitution and any act performed by the National Legislative Assembly during
such period is deemed to be an act of the Senate. In the case where this
Constitution or other laws prescribes that the President of the Senate shall
countersign the Royal Command, the President of the National Legislative
Assembly shall countersign the Royal Command in lieu thereof.
The
provisions of section 103, section 104, section 105, section 110, section 111,
section 112, section 115, section 116, section 119, section 121, section 123,
section 124, section 219 paragraph three, section 247 and the provisions of any
laws which prohibits persons from holding political positions shall not apply
to the holding of positions of members of the National Legislative Assembly.
The
provisions of section 162 shall apply mutatis mutandis to the lapse of
the National Legislative Assembly.
Section
306. For the purpose of the
establishment of the Organic Law and other necessary laws, the National Reform
Assembly and the Constitution Drafting Commission under the Constitution of the
Kingdom of Thailand (Interim) B.E. 2557 shall lapse on the first day of the
session of the National Assembly.
For the
purpose of eliminating conflict of interests, no member of the Constitution
Drafting Commission shall apply for candidacy in an election of members of the
House of Representatives or hold a position of senator, political position,
members of the local council, local administration executives or a local
administrator, official or any person holding political position in a political
party or a political group within two years as from the date of vacation from
office under paragraph one.
Section
307. The Constitution
Drafting Commission shall draft the following Organic Laws and Acts and submit
them to the National Legislative Assembly for consideration. The National
Legislative Assembly shall consider such draft Organic Laws and Acts within the
specified time as follows:
(1)
draft Organic Law on Election of Members
of the House of Representatives and Obtaining of Members of the Senate, the
draft Organic Law on Political Party, and draft Organic Law on Election
Commission shall be complete within sixty days as from the date of receiving
the draft laws from the Constitution Drafting Commission;
(2)
draft Organic Laws under section 159 (2)
(5) (6) (7) (8) (9) (10) (11) and (12) shall be complete within one hundred and
twenty day as from the date of receiving the draft laws from the Constitution
Drafting Commission;
(3)
draft Organic Law which the Constitution
Drafting Commission sees that it is necessary to achieve the purpose of this
Constitution and shall be drafted and submitted to the National Legislative
Assembly within one hundred and twenty day as from the date of receiving the
draft law from the Constitution Drafting Commission;
In
consideration of the Organic Laws and Acts under paragraph one, the national
Legislative Assembly shall appoint no less than two members of the Constitution
Drafting Commission to be members of the Committee in consideration of such e
Organic Laws and Acts.
When the
National Legislative Assembly approves the draft Organic Law in (1) or (2),
prior to presenting the draft to the King for his Royal Signature, such draft
shall be submitted to the Constitutional Court for considering the legitimacy
under the Constitution in accordance with section 163.
In the case
where the time period in paragraph one lapses but the National Legislative
Assembly has not yet finished its consideration on the draft Organic Laws or
Acts in paragraph one, it shall be deemed that such draft Organic Laws or Acts
has been approved by the National Legislative Assembly. The followings shall be
executed:
(1)
the President of the National Legislative
shall submit the draft Organic Laws, proposed by the Constitution Drafting
Commission, to the Constitutional Court within seven days for its consideration
and section 163 shall mutatis mutandis apply. The Prime Minister shall
subsequently execute section 156 promptly;
(2)
the Prime Minister shall promptly submit
the draft Acts, conducted by the Constitution Drafting Commission, to the King
for his Royal Signature.
During the
period where the Organic Law on Election of Members of the House of
Representatives and Obtaining of Members of the Senate, the Organic Law on
Political Party, and the Organic Law on Election Commission in paragraph one
(1) has not yet come into force, the Organic Law on Election of Members of the
House of Representatives and Obtaining Members of the Senate B.E. 2550, the
Organic Law on Political Party B.E. 2550, and Organic Law on Election
Commission B.E. 2550 shall continue to be in force so far as they are not
contradictory or inconsistent with this Constitution and until such Organic
Laws have come into force.
In the case
where the National Reform Assembly approves any bill, such bill shall be
submitted to the National Assembly for further consideration. In the case of a
money bill, it shall be submitted to the Council of Ministers for further
proceeding. In considering the bill that is proposed by the National Reform
Assembly, the National Assembly shall appoint non-standing committee,
consisting at least for one-third of its member of members of the National
Reform Assembly, to consider such bill.
Section
308. During the initial period
from the date of the promulgation of this Constitution:
(1)
election for members of the House of
Representatives under this Constitution shall be held within ninety days and
the obtaining of senators under this Constitution shall be held within one
hundred and fifty days as from the date the Organic Law under section 307 (1)
has come into force. The Election Commission shall execute the election of
members of the House of Representative under this Constitution instead of the Committee
to execute elections under section 268.
At the first general election of
member of the House of Representatives after the date of promulgation of this
Constitution, a person who is eligible to be a candidate in an election shall
be a member of only one political party or political group for not less than
thirty days up to the election day except if he is a member of the political
association which is a political group established from the date of the
promulgation of this Constitution;
(2)
a group of persons which intent to be a
political group under this Constitution shall notify its purpose to the
Election Commission. And upon such notification, such group shall be eligible
to submit a person who is a member of such political group for election under
the Organic Law on election of members of the House of Representatives and
obtaining members of the Senate;
(3)
the provisions in section 124 (5) and
section 125 paragraph two shall not apply to person who used to be members of
the Senate elected or selected under the Constitution of the Kingdom of
Thailand B.E. 2550;
(4)
upon a completion of three years as from
the beginning day of the membership, one-half of the members of the Senate in
section 121, in each type and field, shall vacate office by drawing lots.
Section 124 (5) section 125 paragraph two and section 126 paragraph two on the
prohibition of position for more than one executive term shall not apply to
such person in the obtaining of members of the Senate. The rules, procedure and
conditions in obtaining of members of the Senate whereby the positions become
available under paragraph one shall be in accordance with the Organic Law on
Election of Members of the House of Representatives and Obtaining Members of
the Senate and the procedure shall be complete within ninety days as from the
day the position becomes available in paragraph one.
Section 309. The Council of
Ministers carrying out the administration of State Affairs on the date of
promulgation of this Constitution shall be the Council of Ministers under this
Constitution and shall vacate the office en masse when the Council of
Ministers appointed under this Constitution takes office.
The National Council for
Peace and Order under the Constitution of the Kingdom of Thailand (Interim)
B.E. 2557 shall vacate office en masse at the time when the Council of
Ministers carrying out the administration of State affairs on the date of
promulgation of this Constitution vacate office.
The provisions of
section 172, section 175, and section 185 (4) (7) and (8) shall not apply to
the holding of office of the Prime Minister and Ministers carrying out the
administration of State affairs on the date of promulgation of this
Constitution vacate office.
During the initial
period, the provisions of section 174 shall not apply to the Ministers
appointed by the King, for the first time, under this Constitution.
Section 310. Judges of the Constitutional Court
holding positions on the date of promulgation of this Constitution shall be
judges of the Constitutional Court under this Constitution and shall remain in
office until the expiration of the term of office. In such case, the term of
office shall commence as from the date the appointment is made by the King and
the selection process for the judges of the Constitution Court to the available
positions shall be preceded under section 229 and shall be complete within
sixty days as from the date of promulgation of this Constitution. In this
regard, it shall be in accordance with the rules and procedure as provided by
section 230 and section 231.
All cases or matters
under the consideration of the Constitutional Court under paragraph one shall
be considered by the Constitutional Court under this section. During the period
where there is no enactment of the Organic Law on Constitutional Court and Procedure,
the provisions in Procedure and Rendering of Decision of the Constitutional
Court shall apply, pro tempore, until the Organic has is enacted under
section 307 (2).
Members of the Election
Commission holding positions on the date of promulgation of this Constitution
shall be members of the Election Commission under this Constitution and shall
remain in office until the expiration of the term of office. In such case, the
term of office shall commence as from the date the appointment is made by the King.
Members of the National
Counter Corruption Commission holding positions on the date of promulgation of
this Constitution shall be members of National Counter Corruption Commission
under this Constitution and shall remain in office until the expiration of the
term of office. In such case, the term of office shall commence as from the
date the appointment is made by the King. The selection process for the members
of National Counter Corruption Commission to the available positions shall be
preceded and complete, in accordance with section 271, within sixty days as
from the date there are grounds for such selection of the persons in office
under this Constitution. In this regard, it shall be in accordance with the
rules and procedure as provided by section 271.
Audit Commissioners and
the Audit-General holding positions on the date of promulgation of this
Constitution shall be Audit Commissioners and the Audit–General under this
Constitution and shall remain in office until the expiration of the term of
office, prior to the date of promulgation of this Constitution. In such case,
the term of office shall commence as from the date of appointment. The
provision on holding of office for one term under section 270 paragraph four
shall not apply to such persons in the new appointment of Audit Commissioners
and the Audit–General, for the first time, under this Constitution.
Persons under this
section shall continue to perform their duties under the Organic Law or related
laws which are in force on the date of promulgation of this Constitution until
Organic Laws or laws in accordance with this Constitution are enacted, except
if the provisions are contradictory or inconsistent with the provisions in this
Constitution, the provisions in this Constitution prevails.
Persons who hold the
positions or used to be members or hold the positions in any Constitutional
Organs as provided in the Constitution of the Kingdom of Thailand B.E. 2550
shall be prohibited from the selection of members or persons holding positions
in Constitutional Organs which have duties to inspect the exercise of State
powers under this Constitution.
Section 311. The Ombudsman and the National Human
Rights Commission shall be merged to be Human Rights Ombudsman and shall
execute the followings:
(1)
the Ombudsman holding the position prior
to the date of promulgation of this Constitution shall be the Human Rights
Ombudsman under this Constitution and shall remain in office until the
expiration of the term of office. In such case, the term of office shall
commence as from the date the appointment is made by the King;
(2)
members of the National Human Rights
Commission performing their duties as the National Human Rights Commission on
the date of promulgation of this Constitution shall perform their duties as the
Human Rights Ombudsmen under this Constitution and shall continue to perform
their duties until the Human Rights Ombudsmen under this Constitution are
appointed under this Constitution. Such procedure shall be complete within
sixty as from the date of promulgation of this Constitution;
(3)
there shall be a selection of the
remaining Human Rights Ombudsmen for the number as provided in section 275
which shall be proceeded together with the selection in (2) and shall complete
within sixty days as from the date of promulgation of this Constitution;
(4)
Office of the Human Rights Ombudsman shall
be established by integrating the Office of Ombudsman and Office of the
National Human Rights Commission. The personnel of both agencies shall remain
in office and receive benefits, pro tempore, until Organic Law on Human
Rights Ombudsman comes into force;
Persons who, prior to
the date of promulgation of this Constitution, used to hold the positions of
ombudsman or National Human Rights Commissioner shall be prohibited from the
selection of Human Right Ombudsmen under this Constitution.
Section 312. In the initial period, the following
provisions shall not apply to cases under the following conditions:
(1)
the provisions of section 207 shall not
apply to the consideration for appointment or reassignment of civil servants or
removal of such persons from office until the enactment of the law under
section 207 and the establishment of the Commission under such laws. This shall
not exceed one year as from the date of promulgation of this Constitution;
(2)
the provisions of section 201 paragraph
two on the annual revenue and expenditure shall not apply to annual revenue
following the budgetary year from the date of promulgation of this
Constitution;
Section 313. In the
initial period, the following execution shall be complete within the specified
period:
(1)
there shall be an enactment of law on the
Committees which are the secretariat of the personnel of judges under section
225 including the appeal right of the disciplinary punishment under section 219
paragraph five. Such process shall be complete within one year as from the date
of promulgation of this Constitution;
(2)
rules on the Procedure shall be enacted at
the plenary session of the Supreme Court of Justice under section 241 (1) and
(2) and shall be complete within sixty days as from the day the Organic Law on
Election of Members of the House of Representatives and Obtaining of Members of
the Senate in section 307 comes into force;
(3)
there shall be an enactment of law on
decisive jurisdiction of the Court under section 222 and it shall be complete
within one hundred and twenty days as from the date of promulgation of this
Constitution.
Section 314. All provisions in the
laws which are contradictory or inconsistent with this Constitution, the person
having charge and control of such law and the Council of Ministers shall enact
or amend such law within two years as from the date of promulgation of this
Constitution.
Section 315. Any act, the legality and
constitutionality of which has been recognized by the Constitution of the
Kingdom of Thailand (Interim) B.E. 2557, including all acts related therewith
committed whether before or after the date of promulgation of this
Constitution, shall be deemed as constitutional under this Constitution.
Countersigned by:
………………………......
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