Translation:Administrative Charter of the Kingdom, 2502 Buddhist Era

Administrative Charter of the Kingdom, 2502 Buddhist Era (1959)
Revolutionary Council of Thailand (1958), translated from Thai by Wikisource

1153669Administrative Charter of the Kingdom, 2502 Buddhist Era1959Revolutionary Council of Thailand (1958)

Administrative Charter of the Kingdom

Bhumibol Adulyadej R
Given on the 28th day of January 2502 BE
Being the 14th day of the present reign

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

As the Head of the Revolutionary Council, who successfully seized the administrative power of the State on the 20th day of October 2501 BE, humbly made a submission to Him that the Revolutionary Council announced the repeal of the Amendment to the Constitution of the Kingdom of Thailand, 2475 Buddhist Era, 2495 Buddhist Era, because of the desire to have a suitable constitution and to have the administration of the Country proceed in a more orderly manner than that under such constitution, and in order to have such a constitution, it is appropriate to institute a Constitutional Drafting Assembly composed of competent members to draw up a draft for further promulgation, but, during the period of time before the constitution drawn up by the Constitution Drafting Assembly is obtained and promulgated, it is appropriate to put to use for the time being an administrative charter of the Kingdom which is suitable for the situation prevailing at this moment; He entertains an opinion in agreement therewith. And in order to accomplish that which has been submitted to Him by the Head of the Revolutionary Council, He therefore gives a great royal command by which He orders with His pleasure that the following provisions be applied as an Administrative Charter of the Kingdom until promulgation of the constitution which is to be drawn up by the Constitution Drafting Assembly:

Section⁠1.⁠The sovereign power comes from all the Thais.

Section⁠2.⁠Thailand is one and whole kingdom incapable of division. The Monarch is the Divine Head [of State] and holds the position of Head of the Thai Armed Forces.

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

Section⁠4.⁠There shall be a Privy Council with [Members] numbering not more than nine. The appointment and vacation of positions of Privy Councilors shall be at the royal pleasure.

Section⁠5.⁠The Monarch enacts acts for application by and with the advice and consent of the National Assembly.

The Council of Ministers exercises the executive power and the courts exercise the judicial power. All this shall be done in the name of the Monarch.

Section⁠6.⁠There shall be a Constitution Drafting Assembly which has the duty to draft a constitution and which shall also be in the capacity of a National Assembly discharging legislative duties.

Section⁠7.⁠The Constitution Drafting Assembly is composed of two hundred and forty Members who are appointed by the Monarch.

In the event that a position of Member becomes vacant, [the Monarch] will appoint a replacement for such vacant position.

Section⁠8.⁠The Monarch appoints [from amongst] the Members of the Constitution Drafting Assembly one as President of the Assembly [and] one or several as Vice Presidents of the Assembly, according to a resolution of the Assembly.

Section⁠9.⁠Subject to section 10 and section 11, the Constitution Drafting Assembly has the power to enact its meeting and discussion regulations, which relate to the proposing of bills, the proposing of motions, the conduct of meetings, the conduct of discussions, and other affairs in the implementation of its powers and duties.

Section⁠10.⁠Once the Constitution Drafting Assembly has finished drafting a constitution, the Constitution Drafting Assembly shall meet as a National Assembly to consider whether or not such draft constitution should be brought and presented to the Monarch for His signature promulgating it. At the said discussional meetings, the Assembly shall not amend the draft constitution in any manner.

At the meetings according to the stipulations of the previous paragraph, the Members in attendance must not be less than three fourths of the number of the Members of the Assembly in order that a quorum be met.

In promulgating the constitution, the President of the Assembly shall give a countersignature.

Section⁠11.⁠In the event that the Constitution Drafting Assembly holds a vote for passing a resolution in accordance with the stipulations of section 10 and fails to obtain from its Members the vote of more than one half of their number in favour of the bringing and presentation of the draft constitution to the Monarch for His signature, the Constitution Drafting Assembly shall consider drawing up a new draft constitution and further proceed with it in accordance with the provisions of this Charter.

Section⁠12.⁠At a meeting of the Constitution Drafting Assembly, it is an absolute privilege for any person to utter any word in such a way as to state a fact, or express an opinion, or cast a vote. It shall not be a cause for which a proceeding or denunciation against him may be filed in any manner.

The protection as said in the previous paragraph shall also apply to those who print and publish meeting proceedings upon the order of the Assembly.

Section⁠13.⁠In the event that a Member of the Constitution Drafting Assembly is held in custody or detention, or is prosecuted in a criminal case, his release or a stay of his trial shall be ordered whenever the President of the Assembly requests it.

Section⁠14.⁠The Monarch appoints one Prime Minister and an appropriate number of Ministers, who compose a Council of Ministers which has the duty to handle the public services of the State.

The Prime Minister and Ministers shall not be Members of the Assembly.

The Prime Minister and Ministers have the right to attend and give explanations or express opinions at meetings of the Assembly, but they have no right to vote.

Section⁠15.⁠The Monarch wields the prerogative to remove Ministers from their positions.

Section⁠16.⁠Before the Council of Ministers is established, the Head of the Revolutionary Council performs the duties of the Council of Ministers and the Prime Minister.

Section⁠17.⁠In the event that, during the application of this Charter, the Prime Minister finds it appropriate for the purpose of repressing or suppressing an act of subverting the security of the Kingdom or royal throne, or an act of subverting, disrupting, or threatening the peace, whether it occurs inside or comes from outside the Kingdom, the Prime Minister has the power to give any order or do any act upon a resolution of the Council of Ministers and it shall be deemed that such an order or act is lawful.

Once the Prime Minister has given any order or done any act in accordance with the stipulations of the previous paragraph, the Prime Minister shall notify the Assembly thereof.

Section⁠18.⁠All legal provisions, royal rescripts, and royal commands of any kind, which relate to the public services of the State, must be countersigned by the Prime Minister or a Minister.

In appointing a Prime Minister, the President of the Assembly shall give a countersignature.

Section⁠19.⁠Judges are independent in trying and adjudicating upon cases in accordance with the law.

Section⁠20.⁠Whenever no provision of this Charter is applicable to any case, such case shall be ruled in line with the custom of the democratic administration of Thailand.

In the event that a problem relating to the ruling of any case according to the stipulations of the previous paragraph occurs in the purview of the Assembly or occurs because the Council of Ministers applies to the Assembly for a ruling, the Assembly shall give a decisive ruling.

Countersignatory:
Field Marshal Sarit Thanarat
Head of the Revolutionary Council

Bibliography edit

"Thammanun Kanpokkhrong Ratcha-anachak" [Administrative Charter of the Kingdom]. (1959, 28 January). Ratchakitchanubeksa [Royal Gazette], 76(174A), 1–8. (In Thai).

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