Unofficial
translation
Pakorn Nilprapunt
Deputy Secretary-General of the Council of State
pakorn.nilprapunt@gmail.com
(c) 2016
CONSTITUTION OF THE KINGDOM OF THAILAND
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CHAPTER I
General Provisions
Section
1. Thailand
is one and indivisible Kingdom.
Section 2. Thailand adopts a democratic regime of government with the
King as Head of State.
Section
3. The sovereign power belongs to
the Thai people. The King as Head of
State shall exercise such power through the National Assembly, the Council of
Ministers and the Courts in accordance with the provisions of the Constitution.
The
performance of duties of the National Assembly, the Council of Ministers, the
Courts, independent organizations and State agencies shall be in accordance with the Constitution, law
and the rule of law for the common good of the nation and for contentedness of
the public at large.
Section 4. Human
dignity, right, liberty and equality of individual shall be protected.
The Thai people shall
enjoy equal protection under the Constitution.
Section 5. The
Constitution is the supreme law of State.
The provision of any law, rule, regulation or any other act which is contrary
to or inconsistent with the Constitution shall be unenforceable.
If no provision of this
Constitution is applicable to any case, there shall act or decide that case in
accordance with the constitutional convention of Thailand under a democratic
regime of government with the King as Head of State.
The President of the
Constitutional Court shall, upon the emergence of the case under paragraph two,
convene the joint meeting of the President of the House of Representatives, the
Leader of the Opposition Parties of the House of Representatives, the President
of the Senate, the Prime Minister, the President of the Supreme Court, the
President of the Supreme Administrative Court, the President of the
Constitutional Court and the Chairperson of all independent organizations for
consideration.
In each joint meeting
under paragraph three, the members shall elect one among themselves to preside
over the meeting. If any of the
aforesaid position is vacant, the joint meeting shall consist of the remaining
member.
A decision of the joint
meeting shall be made by majority of votes.
In case of equality of votes, the person presiding over the meeting
shall have an additional vote as a casting vote.
A decision of the joint
meeting shall be final and conclusive and binding the National Assembly, the
Council of Ministers, the Courts, independent organizations and State agencies.
CHAPTER II
The King
Section 6. The King
shall be enthroned in a position of revered worship and shall not be violated.
No person shall expose
the King to any sort of accusation or action.
Section 7. The King is a Buddhist and Upholder of
religions.
Section 8. The King holds the position of Head of
the Thai Armed Forces.
Section 9. The King has the prerogative to create
and abolish titles and to
confer and withdraw decorations.
Section 10. The King selects and appoints qualified
persons to be the President of the Privy Council and not more than eighteen
Privy Councilors to constitute the Privy Council.
The Privy Council has
the duty to render advice to the King on all matters pertaining to His
functions as He may consult and has other duties as prescribed by the
Constitution.
Section 11. The selection, appointment or removal of
a Privy Councilor shall be at the King's pleasure.
The President of the
National Assembly shall countersign the Royal Command appointing or removing
the President of the Privy Council.
The President of the
Privy Council shall countersign the Royal Command appointing or removing other
Privy Councilors.
Section 12. A Privy Councilor shall not be a member
of the House of Representatives, a senator, a person holding any political
position, a Constitutional Court judge, a commissioner or member of any independent
organization, a government official, an official of State enterprise, a State
official or a member or official of any political party, and shall not manifest
loyalty to any political party.
Section 13. Before taking office, a Privy Councilor
shall 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 His Majesty the King
and shall faithfully perform my duties in the interests of State and the
people. I shall also uphold and observe
the Constitution of the Kingdom of Thailand in every respect.”
Section 14. A Privy Councilor vacates office upon
death, resignation or being removed by Royal Command.
Section
15. The appointment and removal of
officials of the Royal Household and of the Royal Chief Aide-de-Camp shall be
at the King’s pleasure.
The
organization and personnel administrations of the Royal Household shall be at
the King’s pleasure as prescribed by the Royal Decree.
Section
16. Whenever the King is absent from
the Kingdom or unable to perform His functions for any reason whatsoever, the
King may appoint a person as the Regent.
In this regard, the President of the National Assembly shall countersign
the Royal Command therefor.
Section
17. In the case where the King does
not appoint the Regent under section 16, or the King is unable to appoint the
Regent owing to He is not being sui juris or any other reason
whatsoever, the Privy Council shall submit the name of a person suitable to
hold the office of the Regent to the National Assembly for approval. Upon the approval of the National Assembly,
the President of the National Assembly shall make an announcement, in the name
of the King, to appoint such person as the Regent.
Section
18. While there is no the Regent
under section 16 or section 17, the President of the Privy Council shall be the Regent pro tempore.
In the case where the Regent appointed under section 16 or section 17 is
unable to perform his duties, the President of the Privy Council shall act as
the Regent pro tempore.
While being
the Regent under paragraph one or acting as the Regent under paragraph two, the
President of the Privy Council shall not perform his duties as the President of the Privy Council. In such case, the Privy Councilors shall
elect one among themselves to be acting President of the Privy Council pro
tempore.
Section 19. Before taking office, the Regent appointed under section 16 or section
17 shall make a solemn declaration before the National Assembly in the
following words:
“I, (name
of the declarer), do solemnly declare that I shall be loyal to His Majesty the
King (name of the King) and shall faithfully perform my duties in the interests
of the State and the people. I shall
also uphold and observe the Constitution of the Kingdom of Thailand in every
respect.”
Section 20. Subject to section 21, the succession to the Throne shall be in
accordance with the Palace Law on Succession, B.E. 2467.
The
Amendment of the Palace Law on Succession, B.E. 2467 shall be the prerogative
of the King. At the initiative of the
King, the Privy Council shall draft the Palace Law Amendment and shall present
it to the King for His consideration.
When the King has approved and signed the
draft Palace Law Amendment, the President of the Privy Council shall notify the
President of the National Assembly for informing the National Assembly. The President of the National Assembly shall
countersign the Royal Command. The
Palace Law Amendment shall come into force upon its publication in the
Government Gazette.
Section
21. In the case where the Throne
becomes vacant and the King has appointed His Heir to the Throne under the
Palace Law on Succession, B.E. 2467, the Council of Ministers shall notify the
President of the National Assembly. The
President of the National Assembly shall then convoke the National Assembly for
acknowledgement and shall invite such Heir to ascend the Throne and proclaim
such Heir the King.
In the case
where the Throne becomes vacant and the King has not appointed His Heir under
paragraph one, the Privy Council shall submit the name of the Successor to the
Throne under section 20 to the Council of Ministers for further submission to
the National Assembly for approval. In
this regards, the name of a Princess may be submitted. Upon the approval of the National Assembly,
the President of the National Assembly shall invite such Successor to ascend
the Throne and proclaim such Successor the King.
Section 22. Pending the proclamation of the name of
the Heir or the Successor to the Throne under section 21, the President of the
Privy Council shall be the Regent pro
tempore. In the case where the
Throne becomes vacant while the Regent has been appointed under section 16 or
section 17 or while the President of the Privy Council is the Regent under
section 18 paragraph one, such Regent, as the case may be, shall continue to be
the Regent until the proclamation of the name of the Heir or the Successor to
ascend the Throne as the King.
In the case
where the Regent who has been appointed and continues to be the Regent under
paragraph one is unable to perform his duties, the President of the Privy
Council shall act as the Regent pro tempore.
In the case where the President of the Privy Council is the Regent under
paragraph one or acts as the Regent pro tempore under paragraph two, the
provisions of section 18 paragraph three shall apply.
Section 23. In the case where the Privy Council has to
perform its duties under section 17 or section 21 paragraph two, or the
President of the Privy Council has to be or act as the
Regent under section 18 paragraph one or paragraph two or section 22
paragraph two, and there is, during that period, no President of the Privy
Council or the President of the Privy Council is unable to perform his duties,
the remaining Privy Councilors shall elect one among themselves to act as the
President of the Privy Council or to be or act as the
Regent under section 18 paragraph one or paragraph two or section 22
paragraph two, as the case may be.
Section 24. In respect of the making of solemn declaration before
the King under the Constitution or law, the King may allow the declarer to do so to the Heir to the Throne who
is sui juris or His representative.
During the period where
the solemn declaration has not yet made under
paragraph one, the King may allow the declarer to
perform his duties pro tempore.
CHAPTER III
Right and Liberty of Thai People
Section 25. Apart from the right and duty as prescribed
by the provisions of the Constitution, a person shall enjoy the right and
liberty to do any act which is not prohibited or restricted by the Constitution
or law and such act shall also be protected by the Constitution in so far as
the exercise of such right or liberty does not affect or endanger the security
of State or public order or good morals and does not violate the right or
liberty of any other.
In
case of the right or liberty which is required by the Constitution to be
exercised in accordance with the provision of law or the rule and procedure as
prescribed by law, the person or community shall enjoy such right or liberty
within the spirit of the Constitution even though the relevant law has not been
enacted yet.
A
person whose right or liberty under the Constitution is violated may claim the
protection under the Constitution to protect or defend himself in the Court.
A
person who gets damaged from the violation of his right or liberty or from the
commission of criminal offense of other shall be entitled to remedy or
assistance from State as prescribed by law.
Section
26. The enactment of law restricting
the right or liberty of a person shall be in accordance with the condition as
prescribed by the Constitution. If such condition is nonexistent, the law to
be enacted shall not be inconsistent with the rule of law and shall not append
unnecessary burden to, or unreasonably restriction on right and liberty of, a person
and shall not affect inherited dignity of human. Additionally, the justification for the
restriction of right and liberty shall also be specified.
The
law under paragraph one shall apply generally, not for particular case or
person.
Section
27. All persons are equal before the
law and their rights and liberties are protected
equally under the law.
Men
and women shall enjoy equal right.
Unjust
discrimination against any person on the ground of differences in place of birth, race, language, sex, age, disabilities, physical or
health condition, economic or social status, religion, education or political
view which is not contrary to the provision of the Constitution or any other
ground shall not be made.
Any
measure determined by the State in order to
eliminate any obstacle, to enable a
person to exercise his right and liberty as same as the other, or to protect or
facilitate children, women, the elderly or the disabled
or disadvantaged people shall not be deemed as unjust discrimination under
paragraph three.
A
member of the armed force, police, government official, State official and
officer or employee of any State agency shall enjoy the same right and liberty
as those enjoyed by general person, unless such enjoyment is restricted by law and
in the matter particularly to politics,
efficiency, disciplines or ethics.
Section
28. A person shall enjoy the right
and liberty in his life and person.
Arrest
and detention of a person shall not be made except by order or warrant issued
by the Court or on the
ground as provided by law.
Search
of person or any act affecting the right and liberty in life or person shall
not be made except by virtue of law.
Torture,
brutal acts or cruel or inhumane punishment
shall not be made.
Section
29. No person shall be subject to a
criminal penalty unless he has committed an act which the law in force at the
time of commission of such act provides to be an offence and provides a
punishment therefor. The punishment
shall not be greater severity than that provided by law in force at the time of
the commission of the offence.
A
suspect or defendant in a criminal case shall be presumed innocent, and before
a final judgment convicting a person for an offence, such person shall not be
treated as a convict.
Confinement
and detention of a suspect or defendant shall be made just
to ensure the prevention of escape.
In
a criminal case, a person shall not be compelled to testify against himself.
A
request for bail of a suspect or defendant in a criminal case shall have to be considered, and the amount of bail shall not be excessively. A
refusal of a request for bail shall be made on
the ground as provided by law.
Section
30. Forced labor shall not be
imposed except by virtue of law enacted for the purpose of averting public
calamity or during the time when the state of
emergency or martial law is declared or when the country is in a state of war or fighting.
Section
31. A person shall enjoy liberty to
profess a religion and shall enjoy the liberty to exercise or conduct any form
of worship in accordance with his belief, but it shall not be contrary to the
duties of Thai people, or being endanger safety of
the State or being inconsistent with public
order or good morals.
Section
32. A person shall enjoy the right
of privacy, honor, reputation and family.
Any
act violating or affecting the right of a person under paragraph one or the
exploitation of personal information for benefit in any manner whatsoever shall
not be made except by virtue of law enacted merely for
public benefit.
Section
33. A person shall enjoy the liberty
of dwelling.
Entry
into a dwelling without consent of its possessor or search of a dwelling or
private place shall not be made except by order or warrant issued by the Court
or on the ground as provided by law.
Section
34. A person shall enjoy freedom of opinion,
speech, writing, printing, publication and expression by any other mean. Restriction of such
freedom shall not be imposed except by virtue of law necessary for the protection
of State security, or of right or liberty of other, or of public order or good morals, or of public health.
Academic
freedom shall be protected. The exercise
of academic freedom shall, with respect to and
recognize of different thoughts, not be contrary to the duties of Thai
people or good morals.
Section
35. A person
practicing mass media profession shall, in
accordance with professional ethics, enjoy freedom of the press
in presenting news and information or expressing
opinion.
The order to close newspaper or other mass media business with a view to interfere the freedom under
paragraph one shall not be made.
Censorship
of news or statements by State authority before its
publication in a newspaper or other mass media shall not be made, except where the country is in a state of war.
The
owner of a newspaper or other mass media business shall
be a Thai national.
The
State shall not contribute any subsidy, whether in cash or in kind, to private
newspaper or any other mass media. A
State agency spending money or any other property to any mass media for the
purpose of advertising, public relations or the like shall disclose detailed
information on such spending to the State Audit Commission within the period prescribed
thereby and shall also disclose such information to public.
A State official who
performs the duty of media shall enjoy the freedom under paragraph one with due regard to objectives and mission of his affiliated
agency.
Section
36. A person shall enjoy the liberty
of communication by lawful means.
Censorship,
detention or disclosure of communication between persons as well as any other act done in any manner whatsoever to
know or obtain information under communication between persons shall not
be made, except by order or warrant issued by the Court or on other grounds as
provided by law.
Section
37. A person shall enjoy the right
to properties and succession.
The
extent and restriction of the aforesaid right
shall be as prescribed by law.
An
expropriation of immovable property shall not be made, except by virtue of law
enacted for the provision of public utility, for national defense, for the acquisition of natural
resources or for any other public benefit.
In this case, fair compensation shall be paid in due time to the
owner as well as other entitled persons who
suffer loss as a result of such expropriation with due
regard to public benefit, impact on the expropriated person and benefit in
which that person may obtain from such expropriation.
An
expropriation of immovable property shall be made in so far as it is necessary for the
purpose of use as provided in paragraph three, except an expropriation in
which the expropriated property being a part of fair compensation to be paid to
the owner of the expropriated property as provided by law.
The
law to be enacted for the expropriation of immovable property shall clarify the purpose of, and the utilization period of,
the expropriation. If the expropriated property
has not been utilized within such period or
remained, it shall, upon a request of the original
owner or his heir, be returned thereto.
A
request for, and a return of, the unutilized or remaining expropriated property
to the original owner or his heir and a recall of the paid compensation shall be provided by law.
An
enactment of the expropriation law by mean of prescribing
the specific property or owner thereof shall
not be deemed to be contrary to section 26
paragraph two.
Section
38. A person shall enjoy the liberty
of movement and the freedom to choose his
residence.
Restriction
on the liberty and
freedom under paragraph one shall not be imposed except by virtue of law
enacted for the protection of national security,
public order or public welfare, urban planning or family or youth welfare.
Section
39. No person of Thai nationality
shall be deported from, or prohibited to enter into, the Kingdom.
Revocation
of Thai nationality acquired by birth shall be prohibited.
Section
40. A person shall enjoy the liberty
to engage in an occupation.
Restriction
of the liberty under paragraph one shall not be
imposed except by virtue of law enacted for the protection of national
security or economy or fair
competition, prevention or elimination of barrier
to trade or monopoly, consumer protection,
regulation of occupation as necessary, or for other public benefits.
An
enactment of law to regulate occupation under paragraph two shall not be of
discriminatory manner or interfering the provision
of education of educational institution.
Section
41. A person and community shall have the following
rights:
(1) to be informed of, and
to access to, public information in possession of State agency as
provided by law;
(2) to petition to State agency and to be informed of the result thereon without
delay;
(3) to bring legal
action against State agency for an act or an omission
of an act of its official, officer or employee.
Section 42. A person shall enjoy the freedom to associate with others as an association,
co-operative, union, organization, community or any other group.
Restriction of the freedom under paragraph one shall not be imposed except by virtue of law enacted for the protection of public benefit, public order or good
morals or prevention or elimination of barrier to trade
or monopoly.
Section 43. A person and
community shall have the following rights:
(1) to conserve, revive or promote good local
and national wisdom, arts, cultures, tradition and custom;
(2) to manage, maintain and utilize national
resources, environment and biological diversity in balanced and sustainable
manner in accordance with the procedure as provided by law;
(3) to jointly with others to propose a State
agency to do something which may be beneficial to the public or community or to
omit doing something which may produce adverse effect to normal living
conditions of the public or community and shall be informed of the result
thereon without delay. In this regard, a
State agency shall consider the proposal with participation of related
stakeholders in accordance with the procedure as provided by law;
(4) to provide community welfare.
The rights of a person
and community under paragraph one include the right to join with local
administration or State in doing so.
Section 44. A person shall enjoy the liberty to assemble
peacefully and without arms.
Restriction of the liberty under paragraph one shall not be
imposed except by virtue of law enacted for the
protection of national security, public safety, public order or good
morals or right or liberty of others.
Section 45. A person shall enjoy the liberty to unite
and form a political party under the democratic
regime of government with the King as Head of State as provided by law.
The law under paragraph
one shall at least have the provisions on transparency
and accountability of the administration of political party and on
participation of the members thereof in, to the greatest
extent, determining political party’s policy and selecting of candidate in an election as
well as the measure to prevent the political party from manipulation of any
person who is not a member thereof and to supervise a
member of the political party to refrain from any act which is contrary to, or
inconsistent with, the law related to an election.
Section 46. Consumer right shall be protected.
A person shall have the
right to unite and form consumer organization to protect and defend consumer
right.
The consumer
organization under paragraph two shall have the right to unite and form an
autonomous organization to strengthen capability in protection and defense of consumer
right with support of State. The rule
and procedure for the formation, legal status as a representative of consumers
and financial support of State shall be provided by law.
Section 47. A person shall have the right to obtain public
health service as provided by State.
An indigent shall have
the right to obtain public health service as provided by State without charge
as provided by law.
A person shall have the
right obtain prevention and elimination of contagious disease provided by State
without charge.
Section 48. Right of mother to protection and assistance during
a period before and after childbirth shall be accorded as provided by law.
A person over sixty
years of age and earning insufficient incomes to live his life and an indigent
shall have the right to appropriate assistance provided by State as provided by
law.
Section 49. No person shall exercise his right or liberty
to overthrow the democratic regime of government with the
King as Head of State.
Any person
who knows of an act under paragraph one shall have the right to petition to the
Attorney-General so as to request the Constitutional Court to terminate such
act.
In the case
where the Attorney-General refuses the petition or fails to request the
Constitutional Court within fifteen days as from the date of receipt of the
petition, the person lodging the petition may make a request directly to the
Constitutional Court.
The exercise of the right under this section shall not be
prejudice to the criminal prosecution against the person committing the act
under paragraph one.
N.B. In this translation, singular includes plural and masculine includes feminine.
