Translation:Constitution of the Kingdom of Thailand (Interim), 2490 Buddhist Era

Constitution of the Kingdom of Thailand (Interim), 2490 Buddhist Era (1947)
National Military Council of Thailand, translated from Thai by Wikisource
4101660Constitution of the Kingdom of Thailand (Interim), 2490 Buddhist Era1947National Military Council of Thailand

Garuda emblem of Thailand
Garuda emblem of Thailand

Constitution of the Kingdom of Thailand[1]
(Interim)
Enacted on the 9th day of November 2490 Buddhist Era[2]
Rangsit Krommakhun Chainatnarenthon[3]
Being the 2nd year of the present reign



It is the great royal command and pleasure that the following is announced: The Constitution of the Kingdom of Thailand, which was enacted in and had been applied as a law for administration of the Nation since 2475 BE[4] and was modified and promulgated as a new edition in 2489 BE,[5] is considered to be a constitution that suited the Nation in the times past.

Now, the Nation has fallen into a crisis. The citizenry has been suffering difficulty and adversity because of lack of food, lack of clothes, and shortage of various other things, including consumable goods of all kinds, of which the prices have risen much higher than before, resulting in an unprecedented moral decline amongst the people. All those handling the public services of the State, as well as the Assembly, have been unable to solve the unfavourable things so as to bring back the former conditions. The actions undertaken by the Government and the control exercised by the National Assembly over the public services of the Executive with a view to helping each other in solving [the situations] for betterment according to the means designated in the said constitution met with no success at all, to the disappointment of the people throughout the Country, and, on the contrary, it has been seen that all the solutions have successively caused deterioration to the Nation. If this is left at the mercy of the fate, ruination would be brought about to the Nation without end that it would no longer be able to stay in the state deserving the Thainess.

Most of the Thai people, who have paid attention to these happenings, together with the military of the Nation, have jointly submitted to His Majesty a request that the application of the present constitution be terminated and a new constitution be promulgated, which would pave the way for the furtherance of the Nation for the sake of perpetual prosperity, and would also serve as a means to mitigate the state of calamity being undergone by the entire people and further restore them to normalcy.

Therefore, it is the royal gracious pleasure to order that that the application of the present constitution be terminated and a new constitution of the Kingdom of Thailand be promulgated from this time onwards.



Section1.Thailand is one and whole kingdom incapable of division.

The Thai people, regardless of their origins or religions, are equally under the protection of this Constitution.

Section2.The sovereign power does come from all the Thai people. The Monarch, who is the Head [of State], exercises such power in accordance with the provisions of this Constitution only.



Section3.The person of the Monarch dwells in the position of revered worship, which shall no one violate.

Section4.The Monarch is a devotee of the Buddha and is the supreme patron of religions.

Section5.The Monarch holds the position of Head of the Thai Armed Forces.

Section6.The Monarch exercises the legislative power through the National Assembly and announces the appointment of Senators.

Section7.The Monarch exercises through the Council of Ministers the power of handling the public services of the State, and announces the appointment of the Prime Minister.

Section8.The Monarch exercises the judicial power through the courts.

Section9.The Monarch appoints Supreme Councillors of State, which are positions for presentation of counsel on the public services of the State to Him.

Section10.Whenever the Monarch is to not reside in the Kingdom or, for any reason, is to be unable to handle His royal burdens, He will appoint a Supreme Councillor of State as His Regent. If the Monarch has not appointed or is unable to appoint [any Regent], the Supreme Council of State shall immediately engage in the handling of the public services of the State as a Council of Regency.

Section11.In the event that the royal throne becomes vacant and there is no Regent in accordance with the stipulations of section 10, the Supreme Council of State shall temporarily engage in the handling of the public services of the State as a Council of Regency until later, when the appointment of a royal successor as a monarch is announced.

Section12.Succession to the throne shall be in accordance with the gist of the Palace Law on Succession, 2467 Buddhist Era, together with the approval of the National Assembly.



Section13.Supreme Councillors of State are regular positions, are five in number,[6] handle the public services appertaining to the Monarch, and present counsel to the Monarch.

Section14.Supreme Councillors of State serve as counsellors to the Monarch by presenting Him right and correct counsel for the benefit of the Nation in every field.

Section15.[The Monarch] will appoint one senior figure in the Supreme Council of State as the President of the Council.

Section16.The Supreme Councillors of State vacate their duties upon resignation, infirmity, or death.

Section17.When a position of Supreme Councillor of State is vacant, there will be a royal command appointing a replacement. At least, the person to be appointed as a replacement must have [these] qualifications: having been in the regular public service for not less than twenty-five years and having been in the public service in, at least, the position of director general or having been a Minister in charge of a ministry for not less than four years.

Section18.The Supreme Council of State has subsidiary public units as to be announced by royal decrees.

Section19.The President of the Supreme Council of State will entrust any Supreme Councillor of State with direction over the public units designated by the royal decrees.

Section20.Installment, appointment, removal, punishment, and designation of qualifications of public servants shall be in accordance with the law.



Section21.Persons are of equal status under the law. No rank of a social estate, [whether obtained] by birth, by appointment, or by any other means, gives rise to any privilege whatsoever.

Section22.Persons do have full freedom to profess any religion or ideology and do have freedom to perform rituals according to their own believes, when these are not adverse to the duties of citizens and are not contrary to peace and order or good morals of people.

Section23.Persons do have full freedom of the person, abode, property, speech, writing, printing, publication, education, public assembly, establishment of associations, and occupation; however, this is subject to the provisions of law.

Section24.Persons do have the right to petition, subject to the conditions and procedure provided by the law.

Section25.Persons have the duty to respect the law and have the duty to defend the Country and assist the public sector by means of paying taxes and other [means], subject to the conditions and according to the procedure provided by the law, and must also have education and occupation.





Section26.The National Assembly is composed of the Senate and the Chamber of Deputies, whether in session separately or jointly.

Section27.All bills shall only be enacted into laws by and with the advice and consent of the National Assembly.

Section28.No act shall be enacted as a law which retroactively inflicts a criminal punishment upon a person.

Section29.A bill which the National Assembly has finished drawing up shall be brought and presented to [the Monarch] by the Prime Minister in order that the Monarch would sign it, and once it has been published in the Royal Gazette, it shall become applicable as a law.

Section30.If the Monarch disapproves such a bill and gives it back to the National Assembly within one month, the National Assembly must discuss it anew. If the National Assembly resolves to reaffirm it, the Prime Minister shall bring such bill before [the Monarch] in order to present it [to Him] for further promulgation.

Section31.All bills may be introduced by the Council of Ministers or by Members of the National Assembly.

Section32.No person shall be a Member of the Senate and Chamber of Deputies at the same time.

Section33.The Senate is composed of Members elected by the Monarch in the same number as the Members of the Chamber of Deputies.

Section34.Memberships in the Senate are subject to a term limit of six years each. Only in the initial period, one half of the Members shall, upon completion of a limit of three years, be replaced by means of sortition.

Section35.A membership in the Senate terminates upon—

(1)retirement by rotation;

(2)death;

(3)resignation.

Section36.During dissolution of the Chamber of Deputies, a meeting of the Senate may be held if necessary.



Section37.The Chamber of Deputies is composed of Members elected by the people in accordance with the law on elections of Members of the Chamber of Deputies.

The Members of the Chamber of Deputies must not be regular public servants.

Elections of Members of the Chamber of Deputies shall be conducted by the electoral means of direct and secret ballot.

Section38.Qualifications of electors and electoral candidates, as well as the criteria and procedure for the conduct of elections and the number of the Members, shall be in accordance with the law on elections of Members of the Chamber of Deputies, and the electoral candidates must, at least, be of the Thai nationality and the age not lower than thirty-five years.

Section39.Each Chamber of Deputies lasts for a term of four years.

If a position of Member becomes vacant for any other reason than retirement upon expiry of the Chamber or dissolution of the Chamber, a replacing Member shall be elected within a time limit of ninety days, save where the remaining term of the Chamber is less than six month. In addition, the Member thus admitted for the purpose of replacement does remain in the position only for a period equivalent to the time limit governing the person replaced by him.

Section40.The Monarch wields the prerogative to dissolve the Chamber of Deputies in order to enable the people to elect its Members anew. In the royal decree for dissolution of the Chamber, the election of new Members must be scheduled to be conducted within ninety days.

Dissolution of the Chamber of Deputies can only be done once for a single event.

Section41.A membership in the House of Deputies terminates upon—

(1)retirement upon expiry of the Chamber or dissolution of the Chamber;

(2)death;

(3)resignation;

(4)lack of a qualification according to the law on elections of Members of the Chamber of Deputies.



Section42.A Member of the Chamber of Deputies has the right to propose a motion, which is seconded by not less than twenty-four Members, for opening a general debate so as to pass a resolution of no confidence upon the Ministers individually or collectively. In such event, the resolution shall not be passed on the same day as the day of discussion.

Section43.Prior to assuming duties, Members of the Senate and Members of the Chamber of Deputies must affirm at a meeting of the chamber to which they belong, that they will preserve and observe the Constitution.

Section44.Members of the Senate and Chamber of Deputies do represent all the Thai people without being subject to any mandate or commitment, and must perform the duties according to their own wholehearted opinion and for the common benefit of the Thai people.

Section45.The Monarch appoints [from amongst] the Members of the Senate and Members of the Chamber of Deputies one as the President of [either] chamber [and] one or several as Vice Presidents [of the same], according to a resolution of such chamber.

Section46.The President of the Senate and President of the Chamber of Deputies have the duty to carry out the affairs of their respective chambers in accordance with the rules. The Vice Presidents have the duty to execute affairs on behalf of their President when the President is absent or unable to perform his duty.

Section47.When the President and Vice Presidents of the Senate or Chamber of Deputies are absent from a meeting, the Members of such chamber shall elect [one amongst] themselves to be the president of that meeting.

Section48.At every meeting of the Senate or Chamber of Deputies, the Members in attendance must not be less than one third of the total number of the Members in order that a quorum be met.

Section49.The passage of a resolution for ruling upon a discussed issue shall adhere to the majority of votes as the rule, save in the businesses for which this Constitution has special provisions.

One Member does have one vote in voting. If there is a tie in the number of votes, the president of the meeting shall be able to give one additional vote and this shall be a casting vote.

Section50.At a meeting of a chamber, it is an absolute privilege for any Member to utter any word in such a way as to state a fact, or express an opinion, or cast a vote. No one shall take it as a ground for filing a proceeding or denunciation against such Member in any manner.

This privilege extends its protection to those who print and publish meeting proceedings upon the order of a chamber, and also extends its protection to those who are invited by a chamber to state facts or express opinions at its meetings.

Section51.The sessions of the Senate and Chamber of Deputies do commence and terminate simultaneously.

Section52.In each year, both chambers have one or several sessions as may be designated by the Chamber of Deputies. The first meeting must be designated in such a manner that allows the Members to meet within thirty days reckoned from the election day. It shall be the Chamber of Deputies that designates the day of commencement of an annual session.

Section53.Each ordinary session lasts for a time limit of ninety days, but the Monarch may allow extension thereof.

Furthermore, during such a period of ninety days, He may allow closure of the session.

Section54.The Monarch convenes the Senate and Chamber of Deputies according to their sessions. He closes and opens their sessions.

He may come to perform the ceremony of opening a session or may allow the Heir to the Throne who has already attained majority or any particular person to execute the ceremony on His behalf.

Section55.When it is necessary for the benefit of the State, the Monarch may convene an extraordinary session of both chambers.

Section56.Members of both the Senate and the Chamber of Deputies, or Members of each chamber, whose number is not less than one third of the Members of both chambers, have the right to subscribe and file a request that an application be made to [the Monarch] for convening an extraordinary session of the two chambers.

Such a request as said in the previous paragraph shall be filed with the chamber to the Members of which it belongs. If it belongs to the Members of both chambers, it shall be filed with the President of the chamber with the greater number of subscribing Members. If the numbers are equal, it shall be filed with the President of the Senate.

The President of the chamber receiving the request shall make the application [to the Monarch] and countersign His royal command.

Section57.During a session, [when] anyone files a criminal proceeding against a Member of the Senate or Member of the Chamber of Deputies, the court must obtain permission of the chamber to which the Member belongs before it can conduct the trial. However, such trial must not obstruct the Member from attending a meeting.

The trial which the court has executed before there is a claim that the defendant is a Member of any chamber does remain valid.

Section58.During a session, no Member of the Senate or Member of the Chamber of Deputies shall be arrested or summoned to be confined, save where he is arrested in the commission of an offence. Nevertheless, this must be promptly reported to the President of the chamber of which he is a Member and the President of such chamber may order the arrestee to be released from confinement.

Section59.If a Member of the Senate or Chamber of Deputies has been confined pending inquiry or trial since before a session, the inquiry official or court, as the case may be, must order his release if the chamber of which he is a Member requests it upon arrival of the session.

The release order according to the stipulations of the previous paragraph shall take effect from the day of the release until the last day of the session.

Section60.A bill shall be proposed to the Chamber of Deputies first. When the Chamber of Deputies has considered it and resolved it satisfactory, it shall be introduced to the Senate. If the Senate has considered it and passed a resolution approving it without amending it, it shall further be proceeded with in accordance with the stipulations of section 29.

If the Senate passes a resolution of disapproval, the bill shall be sent back to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with the Senate, it shall then be deemed that the bill lapses.

If the Senate passes a resolution that [the bill] be amended, the bill shall then be sent back to the Chamber of Deputies for reconsideration. If the Chamber of Deputies passes a resolution in agreement with that which has been amended by the Senate, it shall further be proceeded with in accordance with the stipulations of section 29.

If the Chamber of Deputies, by a vote of more than half of the total Members, passes a resolution to reaffirm the bill which has been sent back according to the stipulations of paragraph 2 or paragraph 3, the bill shall then be deemed to have received the approval of the National Assembly and shall further be proceeded with in accordance with the stipulations of section 29.

Section61.A money bill may be proposed by the Council of Ministers or by Members of the National Assembly upon confirmation by the Prime Minister.

A money bill refers to a bill which deals with all of or at least one of the following subjects, namely, the establishment, or repeal, or reduction, or alteration, or remission, or regulation of a tax or duty; or deals with currency, the appropriation, receipt, custody, or spending of state money, or the raising, or guarantee, or repayment of a loan.

In the event of doubt, it shall be the power of the President of the Chamber of Deputies to rule as to whether or not any bill is a money bill.

Section62.The Senate must, within a limit of thirty days, consider and pass a resolution upon a bill which has been resolved satisfactory by the House of Deputies and has been proposed to the Senate. But if such bill is a money bill, the Senate must consider and pass a resolution upon it within a limit of fifteen days.

The limit of days as said in the previous paragraph shall refer to the days during a session and shall be counted from the day the bill arrives at the Senate.

If, within such a time limit as said in paragraph 1, the Senate fails to consider and pass a resolution upon a bill sent by the Chamber of Deputies, it shall then be deemed that the Senate has approved the bill.

Section63.An annual budget of the State must be enacted as an act. If the act cannot be issued in time with the new year, the act for the previous year shall apply for the time being.

Section64.The Senate and Chamber of Deputies have the power to control the public services of the State by virtue of the provisions of this Constitution.

Section65.At meetings of the Senate or Chamber of Deputies, every Member has the right to interpellate a Minister in respect of any matter which relates to the work under his duty, but the Minister does have the right to withhold the answer when he finds that the matter should not yet be disclosed as it relates to the safety or benefit of the State.

Section66.The meetings of the Senate and Chamber of Deputies are public, according to the modes designated in the regulations of each chamber. But if the Council of Ministers or not less than twenty-five Members of each chamber request a secret meeting, a secret meeting shall then be held.

Section67.The Senate and Chamber of Deputies have the power to select their own Members to form standing committees and have the power to select the persons who are their Members or are not even their Members as select committees for executing any affairs or considering or inquiring into any matters which fall within their own purview and make reports to them. The said committees do have the power to summon any persons to appear and give explanations or express opinions in relation to the affairs they are executing or considering.

The privilege provided in section 50 shall also extend its protection to the persons who execute the duties under this section.

Section68.At meetings of a committee under section 67, the members in attendance must not be less than half of the number [of its members] in order that a quorum be met.

Section69.The Senate and Chamber of Deputies have the power to establish regulations on the conduct of meetings and discussions of [each] chamber for the carrying out of the provisions of this Constitution.



Section70.In the following events, the National Assembly shall meet jointly:

(1)the giving of approval to the succession to the throne, according to the stipulations of section 12;

(2)the rediscussion of a bill, according to the stipulations of section 30;

(3)the ceremony of opening a session of the National Assembly, according to the stipulations of section 54;

(4)the passage of a resolution of confidence upon a Council of Ministers, according to the stipulations of section 77;

(5)the giving of consent to the announcement of war, according to the stipulations of section 83;

(6)the giving of approval to a written agreement, according to the stipulations of section 84;

(7)the interpretation of the Constitution, according to the stipulations of section 94.

Section71.The President of the Senate shall be the president of the joint meetings of the National Assembly, and the President of the Chamber of Deputies, vice president.

Section72.At joint meetings of the National Assembly, the regulations of the Senate on the conduct of meetings and discussions shall apply mutatis mutandis.

Section73.At joint meetings of the National Assembly, the provisions applicable to both chambers shall apply mutatis mutandis.



Section74.The Monarch establishes a Council of Ministers composed of one Prime Minister and Ministers who are fifteen at least, twenty-five at most.

In appointing a Prime Minister, the President of the Supreme Council of State gives a countersignature. The Ministers must not be regular public servants.

Section75.The Council of Ministers shall have the power to handle the public services of the State.

Section76.The Ministers who are not Members of [any] chamber do have the right to attend and state facts or express opinions at the Senate or Chamber of Deputies or joint meetings of the National Assembly, but they have no right to vote.

The privilege provided in section 50 shall apply mutatis mutandis.

Section77.In carrying out the policy on the handling of the public services of the State, the Council of Ministers must obtain confidence of the National Assembly.

A Minister who has been appointed to take charge of a ministry must be constitutionally responsible to the National Assembly for his own duties, and all the Ministers, whether or not having been appointed to take charge of ministries, must be jointly responsible for the general policy of the Council of Ministers.

The policy carried out by each Council of Ministers, regardless of whether it has been completed already or has been carried out to any extent, shall not be annulled or otherwise modified by a Council of Ministers which subsequently undertakes the handling of the public services of the State, save where it has been proposed [to the Monarch] for His royal decision and has received His royal permission.

Section78.The Ministers must collectively retire from their positions upon a royal command, or upon a resolution of no confidence passed by the Chamber of Deputies in accordance with section 42 or the refusal by the National Assembly to give confidence in accordance with section 77, or upon termination of the Chamber of Deputies which took part in giving confidence to them at the time of their assumption of duties. In the latter event, and in the event that the Council of Ministers resigns of its own accord, the retired Council of Ministers must remain in position in order to continue working until a new Council of Ministers is established.

Section79.A ministership individually terminates upon—

(1)a royal command;

(2)death;

(3)resignation;

(4)lack of the qualification under the stipulation of section 41(4);

(5)a resolution of no confidence passed by the National Assembly.

Section80.In case of emergency in which it is urgently necessary to maintain public safety or avert a public disaster and it is unable to convene the National Assembly in good time, or when such an event occurs during dissolution of the Chamber of Deputies, the Monarch may enact an emergency decree to be applied as an act.

At the next meeting of the National Assembly, the emergency decree shall be submitted to the National Assembly for its acknowledgement.

Section81.During a session, if the Council of Ministers finds that any taxation or money bill needs to be considered urgently and secretly for the maintenance of the interest of the State, it may advise the Monarch to enact [the bill] as an emergency decree to be applied as an act.

Section82.The Monarch has the prerogative to promulgate martial law.

Section83.The Monarch has the prerogative to announce war upon receipt of the consent of the National Assembly.

Section84.The Monarch has the prerogative to conclude with all countries written agreements on pacification of war and other written agreements.

Section85.The Monarch has the prerogative to grant pardon.

Section86.The Monarch has the prerogative to enact royal decrees.

Section87.Subject to section 56 and section 74, legal provisions, royal rescripts, and royal commands of any kind, which relate to the public services of the State, must be countersigned by a Minister.



Section88.Trial and adjudication of cases are the exclusive power of the courts, which must be carried out in accordance with the law and in the name of the Monarch.

Section89.All courts can only be established by acts.

Section90.No new court shall be established for specifically trying and adjudicating upon any case or charge instead of a normal court brought into existence by the law for the trial and adjudication thereof.

Section91.Judges are independent in trying and adjudicating upon cases in accordance with the law.

Section92.Appointment, promotion of positions, promotion of monthly salaries, transfer, and removal of judges require the approval of the Monarch and of the Judicial Commission under the law on rules for judicial public servants.



Section93.This Constitution shall only be amended with the approval of the National Assembly.



Section94.The National Assembly wields the absolute power to interpret this Constitution.

A resolution on interpretation of this Constitution must be voted in favour by not less than half of the number of the Members of both chambers conjointly.

Section95.Any provision of a law which contains a matter inconsistent with or contrary to this Constitution is void.



Section96.In the initial period, the Senate consists of the Members elected by the Monarch within a limit of fifteen days counted from the day of coming into force of this Constitution, and, if necessary, the Senate may be convened, in which case shall the Senate have the powers and duties of the National Assembly until the election of Members of the Chamber of Deputies according to the provisions of this Constitution is completely completed.

Section97.In the initial period, Members of the Chamber of Deputies shall be elected using the standard number of two hundred thousand people per one Member [of the Chamber of] Deputies. If, in the area of any province, the number of the people according to the latest census exceeds two hundred thousand, that province shall be given an additional number of Members [of the Chamber of] Deputies, that is, one per every two hundred thousand people. A surplus of two hundred thousand people shall, if reaching or exceeding the half thereof, be counted as two hundred thousand. In addition, the method of combination of provincial areas shall be used as the procedure for the election.

Qualifications of electors and electoral candidates, as well as the criteria and procedure for the election, shall be in accordance with the "Elections Act, 2475 BE" Amendment No. 3, 2479 Buddhist Era, in so far as it is not contrary to the area combination method, and the prohibition under section 11[7] of the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, shall be excluded.

Section98.The election of Members of the Chamber of Deputies according to the stipulations of section 97 shall be completely carried out within a limit of ninety days counted from the day of coming into force of this Constitution.

Announced on the 9th day of November 2490 Buddhist Era.

Countersignatory:

Field Marshal P. Phibunsongkhram
Military Commander of Thailand
9 November 2490

Notes edit

  1. Panto (2020): In preparation for the 1947 coup d'état, a group of military officers led by Field Marshal Phin Chunhawan requested a group of jurists to draft this constitution in secret. Amongst the drafters were Phraya Latphli, chief of the Supreme Court of Justice; Colonel Suwan Phenchan, Judge Advocate General; Captain Prasoet Sutbanthat; Khemmachat Bunyarattaphan; and Group Captain Luean Phongsophon. After the drafting was finished, the draft was hidden under a water jar. Hence this constitution is generally known as Ratthathammanun Tai Tum (Thai: รัฐธรรมนูญใต้ตุ่ม; "Under-Jar Constitution").
  2. 1947 Common Era.
  3. The sign manual of Prince Rangsit, one of the two members of the Council of Regency for King Bhumibol Adulyadej. The other member, Phraya Manawaratchasewi, refused to sign the constitution, giving rise to the question as to the validity of this constitution because the law at that time required the signatures of both members for the validity of a document (Arts & Culture Editorial Board, 2020; Phanomyong, 2020).
  4. Referring to the Constitution of 2475 BE (1932 CE).
  5. Referring to the Constitution of 2489 BE (1946 CE).
  6. In the Thai text, these officers are classified by the masculine classifier nai (Thai: นาย), which implies that these positions were only for males.
  7. See section 11 of the Constitution of 2475 BE (1932 CE).

Bibliography edit

Original edit

  • "Ratthathammanun Haeng Ratcha-anachak Thai (Chabap Chua-khrao)" [Constitution of the Kingdom of Thailand (Interim)]. (1947, 9 November). Ratchakitchanubeksa [Royal Gazette], 64(53A), 1–32. (In Thai).

References edit

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Original:

 

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

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Translation:

 

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