Translation:Amendment to the Constitution of the Kingdom of Thailand (No. 6), 2539 Buddhist Era

by National Assembly of Thailand

Seal of the Royal Command

Amendment to
the Constitution of the Kingdom of Thailand (No. 6),
2539 Buddhist Era

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Bhumibol Adulyadej R
Given on the 27th day of September 2535 BE
Being the 51st year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand;

Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following [Amendment to] the Constitution of the Kingdom of Thailand be enacted:

Section1.This Constitution [Amendment] is called the "Amendment to the Constitution of the Kingdom of Thailand (No. 6), 2539 Buddhist Era".

Section2.This Constitution [Amendment] shall come into force from the day following the day of its publication in the Government Gazette onwards.

Section3.The following stipulations shall be inserted as (15), (16), and (17) of section 160 in the Constitution of the Kingdom of Thailand, 2534 Buddhist Era, which has been amended by the Amendment to the Constitution of the Kingdom of Thailand (No. 5), 2538 Buddhist Era:

"(15)the carrying out of elections of Members of the Constitution Drafting Assembly according to section 211octies and section 211decies, paragraph 3;

(16)the giving of approval to a draft constitution according to section 211quinquiesdecies, paragraph 3;

(17)the giving of approval to a motion for preparation of a new constitution according to section 211noniesdecies".

Section4.The following stipulations shall be inserted as Chapter 12: Preparation of new constitution, section 211bis to section 211noniesdecies, in the Constitution of the Kingdom of Thailand, 2534 Buddhist Era, which has been amended by the Amendment to the Constitution of the Kingdom of Thailand (No. 5), 2538 Buddhist Era:

"Chapter 12
Preparation of new constitution

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Section211bis.There shall be a Constitution Drafting Assembly having the duty to prepare a new constitution in accordance with this chapter. It is composed of the following Members:

(1)Members, one per each province, elected by the National Assembly from amongst the candidates under section 211sexies;

(2)Members, twenty-three in number, elected by the National Assembly from amongst the following persons with expertise or experience:

(a)persons with expertise in the field of public law, who are eight in number;

(b)persons with expertise in the field of political science or public administration, who are eight in number;

(c)persons with experience in politics, the handling of the public services of the State, or the drafting of a constitution according to the criteria designated by the President of the National Assembly, who are seven in number.

Section211ter.A person who has the right to apply for candidacy in an election of Members of the Constitution Drafting Assembly according to section 211bis(1) must have the following qualifications:

(1)being of the Thai nationality by birth;

(2)being of the age not lower than full thirty-five years on the day of the election;

(3)having graduated with a degree not lower than a bachelor's one or an equivalent;

(4)having had, for a consecutive period of not less than one year up to the day of the application for candidacy, the name on the household register of the province where the application for candidacy is made, or having been born in the province where the application for candidacy is made;

Section211quater.A person who is disqualified from exercising the right to apply for candidacy in an election of Members of the Constitution Drafting Assembly according to section 211bis(1) is a person who has the following characteristics:

(1)being a person disqualified from exercising the right to apply for candidacy in an election of Members of the House of People's Representatives according to section 113(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12);

(2)being a Senator, Member of the House of People's Representatives, or political public servant;

(3)being a public servant with a regular position or monthly salary;

(4)being an official or employee of a state agency, or state enterprise, or local public body.

Section211quinquies.A Member of the Constitution Drafting Assembly according to section 211bis(2) must be qualified according to section 211ter(1), (2), and (3), and must not be disqualified according to section 211quater(1) and (2).

Section211sexies.There shall be an election of Members of the Constitution Drafting Assembly according to section 211bis(1) within ninety days reckoned from the day on which there arises a cause for the preparation of a new constitution according to this chapter.

Anyone who wishes to apply for candidacy in an election of Members of the Constitution Drafting Assembly according to section 211bis(1) shall file with the governor of the province where he is domiciled or was born, an application together with evidence according to the form and by the scheduled day and time as designated by a royal decree, which must designate the recruitment days to be the same days throughout the Kingdom.

Once the governor of the province has checked the qualifications of the candidates and found them to be already correct, he shall, in the event that the candidates are less than ten, send the names of the candidates to the President of the National Assembly for further proceedings or, in the event that the candidates are more than ten, organise a joint meeting of the candidates, at which they shall elect some amongst themselves by secret ballot and each of them shall have the right to elect not more than three amongst themselves.

The governor of the province shall send to the President of the National Assembly for further proceedings the names of the first ten candidates with highest points, together with their evidential documents.

In the event that some have obtained equal points, causing a surplus in the number of ten, the governor of the province shall organise a new vote on those with equal points only, in order to obtain the first ten candidates with highest points. In this respect, the governor of the province shall finish carrying out the activity and send the names of the candidates to the President of the National Assembly within five days reckoned from the day on which the designated recruitment period expires.

The President of the National Assembly shall prepare lists of the names received from the governor of every province by separating the lists according to the provinces and ordering the names of the candidates of each province alphabetically for further proceedings according to section 211octies.

Section211septies.The council of each higher education institution which confers degrees in the field of law, political science, or public administration shall select persons qualified to become Members of the Constitution Drafting Assembly under section 211bis(2) in each of the types under section 211bis(2)(a), (b), and (c), not more than five per each type, before preparing a list of names for each type together with the details as designated by the President of the National Assembly and sending [the lists] to the President of the National Assembly within five days reckoned from the day on which the designated recruitment period under section 211sexies expires. And the President of the National Assembly shall prepare lists of persons whose names were sent by higher education institution councils, by separating each list according to the type and ordering the names alphabetically.

Section211octies.Once the President of the National Assembly has prepared the lists according to section 211sexies, paragraph 6, and has received the lists of persons according to section 211septies, he shall organise a joint meeting of the National Assembly within ten days reckoned from the day on which he receives the lists in full.

The Senators and Members of the House of People's Representatives shall vote for candidates under the lists for provinces, one per each province, and shall, in the number designated for each type by section 211bis(2), vote for candidates under the lists sent by higher education institution councils. The said voting shall be conducted in secret.

The person who has been elected for each province, and the persons with expertise or experience in the numbers designated in section 211bis who have respectively obtained the highest points, shall be the persons elected as Members of the Constitutional Drafting Assembly. In the event that there are persons obtaining equal points in any order, which would cause a surplus in the number of the persons obtaining the highest points, the voting shall be carried out anew only for those who have obtained equal points. If there still are [persons with] equal points, the President of the National Assembly shall draw lots to [decide] which of them shall be the elected one.

In the event that there are problems relating to the recruitment of candidates and the elections of Members of the Constitution Drafting Assembly according to this chapter, the President of the National Assembly shall designate the criteria and procedure for the ruling of the said problems.

The President of the National Assembly shall publish in the Government Gazette a list of the persons elected as Members of the Constitution Drafting Assembly.

Section211nonies.In the event that the National Assembly has to carry out any act in accordance with this chapter whilst the National Assembly is not in session, the President of the National Assembly shall bring word to [the Monarch] to issue a royal command convening an extraordinary session of the National Assembly, and the President of the National Assembly shall give a countersignature thereto. However, if the term of the House of People's Representatives has terminated or the House of People's Representatives has been dissolved and the National Assembly has to carry out any act within a period of time designated under this chapter, the period of time from the day of termination of the term of the House of People's Representatives or dissolution of the House of People's Representatives, as the case may be, to the day of the first meeting of the House of People's Representatives after issuance of a royal command appointing the President of the House of People's Representatives, shall not be included in the period of time within which the National Assembly has to carry out the act.

Section211decies.The membership of a Member of the Constitution Drafting Assembly under section 211bis(1) or (2) commences from the day on which he is elected by the National Assembly.

The membership of a Member of the Constitution Drafting Assembly under section 211bis(1) or (2) terminates upon—

(1)termination of the Constitution Drafting Assembly according to section 211octiesdecies;

(2)death;

(3)resignation;

(4)lack of a qualification according to section 211ter or attack by a disqualification according to section 211quater or section 211quinquies, as the case may be.

Once a position of Member of the Constitution Drafting Assembly under section 211bis(1) or (2) has become vacant for any other reason than arrival of the time to vacate [the position] according to section 211octiesdecies, the National Assembly shall elect from the lists of candidates prepared by the President of the National Assembly according to section 211sexies, paragraph 6, or section 211septies, a Member of Constitution Drafting Assembly to fill the vacant position within a limit of thirty days, save where the remaining period of time for the Constitution Drafting Assembly to prepare a draft constitution according to section 211terdecies is less than ninety days.

In the event that [the position of] a Member of the Constitution Drafting Assembly under section 211bis(1) elected by the National Assembly from amongst the candidates of any province has become vacant and there is no other name left in the list of candidates of such province, or in the event that [the position of] a Member of the Constitution Drafting Assembly of any type under section 211bis(2)(a), (b), or (c) has become vacant and there is no name of a person with expertise or experience left in the list for the type of the vacant [position], the Constitution Drafting Assembly shall continue to perform its duty without having to carry out an election to fill such vacant position, provided, however, that the remaining Members of the Constitution Drafting Assembly be not less than one half of the number of the Members under section 211bis(1) and (2).

Section211undecies.The Constitution Drafting Assembly has one President of the Constitution Drafting Assembly and one or two Vice Presidents of the Constitution Drafting Assembly, whom the Monarch appoints from amongst the Members of the Constitution Drafting Assembly in accordance with a resolution of the Constitution Drafting Assembly and [for whose appointment] the President of the National Assembly shall give a countersignature.

The President of the Constitution Drafting Assembly has the power and duty to carry out the affairs of the Constitution Drafting Assembly in accordance with this chapter. The Vice Presidents of the Constitution Drafting Assembly have the powers and duties as authorised by the President of the Constitution Drafting Assembly and shall act on behalf of the President when the President is absent or unable to act.

When the President and Vice Presidents are absent from a meeting, the Members of the Constitution Drafting Assembly shall elect [one] amongst themselves as their President during such meeting.

Section211duodecies.Positional allowances and other remunerative benefits of the President and Vice Presidents of the Constitution Drafting Assembly, Members of the Constitution Drafting Assembly, and members of the committees established by the Constitution Drafting Assembly shall be as designated by a royal decree.

Section211terdecies.The Constitution Drafting Assembly must finish preparing a draft constitution within a time limit of two hundred and forty days reckoned from the day on which the Members of the Constitution Drafting Assembly come into existence in full number according to section 211bis.

The fact that the term of the House of People's Representatives has ended or the House of People's Representatives has been dissolved does not affect the performance by the Constitution Drafting Assembly of the duty under paragraph 1.

In preparing a draft constitution, the Constitution Drafting Assembly must have due regard to opinions of people.

Prohibited shall be the making of a draft constitution which results in the change of the administration under the regime of democracy with a Monarch as Head [of State] or the change of the form of the State.

In the event that the National Assembly rules that the draft constitution bears the characteristic under paragraph 4, the draft constitution shall lapse.

Section211quaterdecies.The regulations of the National Assembly on the conduct of meetings shall apply mutatis mutandis as the procedure for the consideration and preparation of a draft constitution, the conduct of meetings, the passage of resolutions, the appointment of members of committee and the carrying out of activities by members of committee, the maintenance of rule and order, and other affairs in the carrying out of the provisions of this chapter. Whilst there is no regulation of the National Assembly on the conduct of meetings yet, the regulations of the House of People's Representatives on the conduct of meetings shall apply mutatis mutandis for the time being.

The provisions of section 129 and section 130 shall apply mutatis mutandis to the meetings of the Constitution Drafting Assembly.

The privileges provided in section 131 and section 132, and the immunities provided in section 139, section 140, and section 141, shall apply mutatis mutandis to the meetings of the Members of the Constitution Drafting Assembly and members of committees.

Section211quinquiesdecies.Once the Constitution Drafting Assembly has finished preparing a draft constitution, it shall introduce [the draft] to the National Assembly.

The Members of the Constitution Drafting Assembly have the right to attend and give explanations in supplement to the draft constitution at joint meetings of the National Assembly.

The National Assembly shall consider as to whether approval should be given to the draft constitution in its entirety, to which it shall make no amendment in any manner. The voting shall be conducted by means of roll call and open ballot, and the issuance of [the draft] as a constitution must be approved by a vote of more than one half of the number of the existing members of both chambers. Once the National Assembly has resolved to approve the draft constitution, the President of the National Assembly shall bring and present the draft constitution to [the Monarch], and the provisions of section 93 shall apply mutatis mutandis, and the President of the National Assembly shall give a countersignature.

In the event that the Monarch disapproves the draft constitution and gives it back, or when a limit of ninety days has expired already and He has not given it back still, the draft constitution shall lapse.

In the event that the votes of approval are less than one half of the number of the existing members of both chambers, a referendum shall be carried out to allow the people to vote as to whether they would approve or disapprove the draft constitution introduced by the Constitution Drafting Assembly.

Section211sexiesdecies.In the event that a referendum has to be carried out to allow the people to vote [on the draft] according to section 211quinquiesdecies, paragraph 5, the President of the National Assembly shall publish in the Government Gazette the designation of the day for the people to vote in the referendum, which must not be sooner than ninety days, but not later than one hundred and twenty days, reckoned from the day of the publication. In this respect, the day of the referendum must be the same day throughout the Kingdom.

The persons who have the right to vote in elections of Members of the House of People's Representatives have the right to vote in the referendum.

The criteria and procedure for the conduct of the referendum shall be in accordance with the law thereon.

In the referendum, if the outcome indicates that the majority of the people approves the draft constitution, the President of the National Assembly shall proceed with it in accordance with section 211septiesdecies, but if the majority disapproves the draft constitution or the number of the persons present to exercise the right to vote is less than one fifth of the number of the persons having the right to vote, the draft constitution shall lapse.

Section211septiesdecies.When the draft constitution has been approved in the referendum, the President of the National Assembly shall bring and present the draft constitution to [the Monarch], and the provisions of section 93 and section 211quinquiesdecies, paragraph 4, shall apply mutatis mutandis, and the President of the National Assembly shall give a countersignature.

Section211octiesdecies.The Constitution Drafting Assembly terminates in the following events:

(1)the number of the remaining Members of the Constitution Drafting Assembly according to section 211decies, paragraph 4, is less than one half;

(2)the Constitution Drafting Assembly fails to finish preparing a draft constitution within the period of time designated by section 211terdecies, paragraph 1;

(3)the draft constitution is published in the Government Gazette, thus promulgated as a constitution of the Kingdom of Thailand;

(4)the draft constitution lapses in accordance with section 211terdecies, paragraph 5, section 211quinquiesdecies, paragraph 4, section 211sexiesdecies, paragraph 4, or section 211septiesdecies.

In the event that the Constitution Drafting Assembly has terminated in accordance with paragraph 1(2), the proceedings under this chapter shall be carried out to have new Members of the Constitution Drafting Assembly within ninety days reckoned from the day on which the period of time under section 211terdecies, paragraph 1, terminates. However, the persons who are former Members of the Constitution Drafting Assembly shall not again be Members of the Constitution Drafting Assembly.

Section211noniesdecies.If a draft constitution prepared in accordance with this chapter lapses, the Council of Ministers, or Members of the House of People's Representatives numbering not less than one third of the number of the existing Members of the House of People's Representatives, or Senators and Members of the House of People's Representatives numbering not less than one third of the number of the existing members of both chambers, have the right to introduce to the National Assembly a motion for the National Assembly to pass a resolution to have a new constitution prepared in accordance with this chapter again. The voting of the National Assembly to approve [the motion] shall adhere to the majority of votes as the rule.

When the National Assembly has adopted any resolution according to paragraph 1, no such motion as that under paragraph 1 shall again be introduced, except upon a new general election."

Section5.In the initial period, there shall be enacted a royal decree designating the recruitment of candidates in an election of Members of the Constitution Drafting Assembly to be held within thirty days reckoned from the day of coming into force of this Constitution [Amendment], and the carrying out of section 211sexies shall be finished within ninety days reckoned from he day of coming into force of this Constitution [Amendment].

Countersignatory:
Banharn Silpa-archa
Prime Minister

Note: The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand are as follows: Whereas it is appropriate to have a procedure for preparation of an entirely new constitution to serve as an important foundation for political reform, in respect of which the regime of democracy with a Monarch as Head [of State] would still and forever be maintained, a constitution drafting committee composed of persons from various fields and occupations would be established as an institution charged with the preparation of a draft constitution for the purpose of developing a new political structure which is more stable and efficient, and people would also be given an opportunity to take part in approbating the constitution through a referendum; it is therefore necessary to enact this [Amendment to] the Constitution of the Kingdom of Thailand.

Bibliography

• "Ratthathammanun Haeng Ratcha-anachak Thai Kaekhaiphoemtoem (Chabap Thi Hok) Phutthasakkarat Song Phan Ha Roi Samsip Paet" [Amendment to the Constitution of the Kingdom of Thailand (No. 6), 2539 Buddhist Era]. (1996, 22 October). Ratchakitchanubeksa [Royal Thai Government Gazette], 113(53A), 1–15. (In Thai).