Section 159. The House of Representatives shall complete its consideration for approval of the person suitable to be appointed as Prime Minister from a person who has the qualifications and is not under any of the prohibitions under section 160, and is a person listed by a political party under section 88, only with respect to the list of names of political parties whose members have been elected as Members of the House of Representatives constituting not less than five per cent of the total number of existing Members of the House of Representatives.
The nomination under paragraph one shall be endorsed by members comprising not less than one-tenth of the total number of the existing Members of the House of Representatives.
The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be passed by open votes and by the votes of more than onehalf of the total number of the existing Members of the House of Representatives.
Section 160. A Minister must:
- (1) be of Thai nationality by birth;
- (2) be not less than thirty-five years of age;
- (3) have graduated with not lower than a Bachelor’s degree or its equivalent;
- (4) be of evident integrity;
- (5) not have behaviour which is a serious violation of or failure to comply with ethical standards;
- (6) not be under any of the prohibitions under section 98;
- (7) not be a person sentenced by a judgment to imprisonment, irrespective of the finality of the case or a suspension of the punishment, except for an offence committed through negligence, a petty offence or a defamation offence;
- (8) not be a person whose office has been vacated on the grounds of committing any prohibited act under section 186 or section 187, for a period of less than two years up to the date of appointment.
Section 161. Before taking office, a Minister must make a solemn declaration before the King in the following words:
“I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”
In the case where the King has commanded the Council of Ministers to perform duties before making a solemn declaration, such Council of Ministers may proceed in accordance with section 162 paragraph two. In this case, the Council of Ministers
