Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558

Translation

CONSTITUTION OF THE KINGDOM OF THAILAND (INTERIM), B.E. 2557
AMENDMENT (No. 1), B.E. 2558 (2015)

                               

BHUMIBOL ADULYADEJ, REX.

Given on the 15^th Day of July B.E. 2558;

Being the 70^th Year of the Present Reign.

                        His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

                           Whereas it is expedient to amend the Constitution of the Kingdom of Thailand (Interim) B.E. 2557;

                           Be it, therefore, enacted by the King, the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment, as follows:

                           Section 1.     This Constitution is called the “Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558”.

                           Section 2.     This Constitution shall come into force as from the day following the date of its publication in the Government Gazette.

                           Section 3.     The provisions of (4) of section 8 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 shall be repealed and replaced by the followings:

                           “(4) not being under suspension of the right to vote;”

                           Section 4.     The followings shall be inserted as paragraph six of section 19 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557:

                           “The King may command that the making of a solemn declaration before the King under the Constitution or any other law may be made before the Heir to the throne who is sui juris or His royal representative.”

                          Section 5.     The provisions of section 37 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 shall be repealed and replaced by the followings:

                          “Section 37.        The Constitution Drafting Committee shall deliberate the proposal for amendment of the Draft Constitution within sixty days as from the expiration date for submission of the proposal for amendment under section 36 paragraph two.  In this case, the Constitution Drafting Committee may make an amendment to the Draft Constitution as it think fit.  If there are many issues to be deliberated or an amendment may affect structure of the Draft Constitution and the Constitution Drafting Committee is of opinion that its deliberation may be unable to finish within the aforesaid period, the Constitution Drafting Committee may extend the deliberation period only once but the extended period shall not exceed thirty days as from the expiration date of the aforesaid period.  The resolution for extension of the deliberation period of the Constitution Drafting Committee together with supporting reason shall be delivered to the National Reform Council for information prior to the expiration of that period.

                          The Draft Constitution as amended under paragraph one shall be introduced to the National Reform Council.  The National Reform Council shall suspend the Draft Constitution for fifteen days as from the date of receiving that draft from the Constitution Drafting Committee, and the National Reform Council shall have a resolution for approval or disapproval of the Draft Constitution within three days after the expiration of the suspended period.  In this case, the National Reform Council is unable to make any amendment to the Draft Constitution, but the Constitution Drafting Committee may do so to any unnecessary error which has been found for the completion of the Draft Constitution.

                          The National Reform Council shall then, upon approval of the Draft Constitution under paragraph two, inform the Council of Ministers and the Council of Ministers shall further inform the Election Commission forthwith.  The Election Commission shall have the duty to organize referendum on the Draft Constitution in accordance with the rules, procedure and period of time as notified by the Election Commission with approval of the National Legislative Assembly and published in the Government Gazette.  In this case, the Organic Act on Referendum, B.E. 2552 (2009) in relation to offenses and penalties shall apply to the referendum under this Constitution.

                          The referendum under this Constitution shall be referendum for approval or disapproval of the Draft Constitution and shall be held on the same day throughout the Kingdom.  For the greatest benefit of the referendum to be organized, the National Reform Council or the National Legislative Assembly may have a resolution submitting additional proposal for referendum, one proposal each.  In such case, the Chairperson of the National Reform Council of the President of the National Legislative Assembly shall submit its resolution thereon to the Council of Ministers for consideration.  If the Council of Ministers agrees with the proposal, any one or both, it shall deliver such proposal to the Election Commission within fifteen days as from the date it receives the resolution of the National Reform Council or the National Legislative Assembly, and the Election Commission shall organize referendum on such additional proposal simultaneously with the referendum on the Draft Constitution.  The result of referendum on additional proposal bases on majority rule.

                          The National Reform Council shall have the resolution on the additional proposal for referendum under paragraph four on the same day its resolution on approval or disapproval of the Draft Constitution is made, and the National Legislative Assembly shall have that resolution within three days as from the date the Draft Constitution has been approved by the National Reform Council.

                           The Election Commission shall notify the referendum date under paragraph four in between thirty days and forty-five days as from the date the copies of the Draft Constitution have been distributed to the persons having the right to vote at a referendum exceeding eighty per cent of the numbers of the house where the persons having the right to vote at a referendum have been registered with.

                           The persons having the right to vote at a referendum shall have the qualifications and shall not being under the prohibitions as same as the person having the right to vote at the last general election prior to the date this Constitution comes into force.  Subject to section 37/1, if the majority at the referendum approves the Draft Constitution, the Prime Minister shall present the Draft Constitution to the King for His signature within thirty days as from the date the referendum result is published.  When His signatures has been given, the Draft Constitution shall come into force upon its publication in the Government Gazette.  The Prime Minister shall countersign His Royal Command.

                           In the case where the King refuses His assent to the Draft Constitution and returns it or does not return it within ninety days, the Draft Constitution shall lapse.”

                           Section 6.     The followings shall be inserted as section 37/1 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557:

                           “Section 37/1.       In the case where the additional proposal for referendum as agreed upon by the Council of Ministers under section 37 paragraph four has been approved by the majority at the referendum as well, if any provision of the Draft Constitution as approved at the referendum is inconsistent with that additional proposal for referendum, the Constitution Drafting Committee shall make amendment to the Draft Constitution for the compliance with that additional proposal for referendum within thirty days as from the date the referendum result has been published, and shall then propose the Draft Constitution so amended to the Constitutional Court for consideration as to whether such amendment complies with the referendum result on additional proposal or not.  The Constitutional Court shall finish its consideration within thirty days as from the date it receives the Draft Constitution as amended.  If the Constitutional Court is of opinion that such amendment complies with the referendum result or any provision is inconsistent with the referendum result and it returns the Draft Constitution to the Constitution Drafting Committee for amendment and that Committee finishes its amendment which shall be done within fifteen days as from the date the ruling of the Constitutional Court has been made, the Prime Minister shall present the Draft Constitution to the King for His signature  under section 37 paragraph seven as from the date he receives the complete Draft Constitution as amended.”

                            Section 7.     The provisions of section 38 and section 39 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 shall be repealed and replaced by the followings:

                             “Section 38.        The National Reform Council shall come to an end when:

                              (1) it is unable to finish deliberation of the Draft Constitution with the prescribed period;

                              (2) it finishes deliberation of the Draft Constitution irrespective of whether its approval has been given or not.

                              If it appears that the Constitutional Drafting Committee is unable to finish the Draft Constitution within the period under section 34 or there is the case under (1) or the Draft Constitution is disapproved by the National Reform Council, the Constitution Drafting Committee shall come to an end.  The provisions of section 33 paragraph two shall not apply to the member of the Constitution Drafting Committee who vacates office on the aforesaid grounds.

                                Section 39.         In the case where the National Reform Council comes to an end; but the Constitution Drafting Committee still exist, the Constitution Drafting Committee shall continue to perform its duties, unless the result of referendum disapproves the Draft Constitution.  In this case, the Constitution Drafting Committee shall come to an end as from the date the result of referendum is published.  If the Draft Constitution is approved at the referendum, the Constitution Drafting Committee still exist to make the Organic Law or other necessary laws so as to propose the National Legislative Assembly for consideration.  When the new Constitution comes into force, the performance of duties of the Constitution Drafting Committee shall be in accordance with the provisions of that Constitution.

                                 In the case where the National Reform Council comes to an end; but the Constitution Drafting Committee still exist, 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, and the Chairperson of the National Council for Peace and Order shall have the power to appoint a new member of the Constitution Drafting Committee to fulfil the vacancy without delay.  In such case, the provisions of section 32 paragraph one, paragraph two and paragraph three shall not be applied.”

                                Section 8.     The followings shall be inserted as section 39/1, section 39/2 and section 39/3 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557:

                                “Section 39/1.       The National Council for Peace and Order shall, within thirty days as from the date the National Reform Council and the Constitution Drafting Committee come to an end or the date the Constitution Drafting Committee comes to an end under section 39 or the date the Draft Constitution is lapsed under section 37 paragraph eight; as the case may be, appoint the Constitution Drafting Commission consisting of the Chairperson and not more than twenty commissioners charged with the duty to prepare the draft Constitution within one hundred and eighty days as from the appointment date.  In this regard, section 33 and section 35 shall apply mutatis mutandis.

                                 The Constitution Drafting Commission shall, in preparation of the Draft Constitution, take opinions of the National Council for Peace and Order, the Council of Ministers, the National Legislative Assembly and the public into consideration in accordance with its determined rules and procedure and period of time.

                                 The Constitution Drafting Commissioner shall, upon the completion of the Draft Constitution, inform the Council of Ministers and the Council of Ministers shall further inform the Election Commission forthwith.  The Election Commission shall have the duty to organize referendum on the Draft Constitution in accordance with the rules, procedure and period of time as notified by the Election Commission with approval of the National Legislative Assembly and published in the Government Gazette.  In this regard, section 37 paragraph four, paragraph five, paragraph six, paragraph seven and paragraph eight, section 37/1 and section 39 paragraph one shall apply mutatis mutandis, and the powers and duties of the Constitution Drafting Committee shall be the powers and duties of the Constitution Drafting Commission.

                                Section 39/2.        When the National Reform Council comes to an end under section 38, no National Reform Council under this Constitution shall be established and the National Reform Assembly shall be established in lieu thereof so as to proceed the national reform in the fields under section 27.  In this case, regard shall be had to priority and effectiveness of the reform within the remaining period, and section 31 paragraph one (1) and paragraph two shall apply mutatis mutandis.

                                 The National Reform Assembly consists of not more than two hundred members appointed by the Prime Minister from the persons of Thai nationality by birth and not less than thirty five years of age.  Such appointment shall be made within thirty days as from the date the National Reform Council comes to an end.

                                 The Prime Minister shall, in accordance with the resolution of the National Reform Assembly, appoint members of the National Reform Assembly as the Chairperson and not more than two Vice-Chairpersons.

                                 Section 13, section 18 and section 29 shall apply to the National Reform Assembly and a member of the National Reform Assembly mutatis mutandis, but the decision under section 9 paragraph two shall be the power of the National Reform Assembly.

                              Section 39/3.        Section 40 and section 41 shall apply to the Chairperson, Vice-Chairpersons and members of the National Reform Assembly and the Chairperson and Commissioners of the Constitution Drafting Commission mutatis mutandis.”

                              Section 9.     The provisions of paragraph five of section 46 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 shall be repealed and replaced by the followings:

                                “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 eight shall apply mutatis mutandis.”

Countersigned by:

    General Prayut Chan-o-cha

              Prime Minister

(c) 2015, Pakorn Nilprapunt, Full-time Law Councillor, Office of the Council of State of Thailand pakorn.nilprapunt@gmail.com <personal copyright>