Translation:Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 1), 2558 Buddhist Era
Volume 132, Issue 64A
Royal Gazette
15 July 2558
Amendment to
the Constitution of the Kingdom of Thailand
(Interim), 2557 Buddhist Era,
(No 1),
2558 Buddhist Era
Bhumibol Adulyadej R
Given on the 15th day of July 2558 BE
Being the 70th year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej commands that it be announced as follows:
Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era;
Therefore, He assents to the enactment of the following Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era:
Section1.This Constitution is called the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 1), 2558 Buddhist Era.
Section2.This Constitution shall come into force from the day following the day of its publication in the Royal Gazette onwards.
Section3.The provisions of (4) of section 8 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, shall be repealed and replaced by the following provisions:
“(4)not being subjected to disfranchisement”.
Section4.The following provisions shall be inserted in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, as paragraph 6 of section 19:
“As regards the taking of an oath of allegiance in the presence of the Monarch according to the Constitution or law, the Monarch may permit it to be done in the presence of the Heir to the Throne who has already attained majority or in the presence of a royal representative.”
Section5.The provisions of section 17 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, shall be repealed and replaced by the following provisions:
“Section37.The Constitution Drafting Committee shall finish considering the amendment applications within sixty days from the day of completion of the time limit for the making of amendment applications according to section 36, paragraph 2. In this respect, the Constitution Drafting Committee may amend the draft constitution as it finds appropriate. In the event that the amendment applications contain a great number of issues which have to be considered or are likely to affect the structure of the draft constitution, and the Constitution Drafting Committee finds that it is unable to finish the consideration within the said time limit, the Constitution Drafting Committee may resolve to have the period of time for consideration of the amendment applications extended once, which must not be more than thirty days from the day on which the time limit for the consideration of the said amendment applications expires, and shall, prior to the completion of the time limit, also notify the National Reform Assembly of the resolution to extend the period of time, together with the reasons therefor.
Once the Constitution Drafting Committee has amended the draft constitution in accordance with paragraph 1, it shall introduce the draft constitution to the National Reform Assembly. Then the National Reform Assembly shall put it off for fifteen days from the day of its receipt of the draft constitution from the Constitution Drafting Committee. Upon expiry of this limit, the National Reform Assembly shall, within three days from the day of expiry of the said limit, meet to resolve whether it shall approve or disapprove the draft constitution in its entirety. In this respect, no amendment shall be made, except by the Constitution Drafting Committee and only upon discovery of an immaterial error which needs to be rectified for complete correctness.
Once the National Reform Assembly has resolved to approve the draft constitution according to paragraph 2, it shall notify the Cabinet thereof, and the Cabinet shall promptly notify the Election Commission thereof. Then it shall be the duty of the Election Commission to organise a referendum in accordance with the criteria, procedure, and time limits designated by an announcement of the Election Commission with the approval of the National Legislative Assembly and published in the Royal Gazette. In this respect, the parts of the Organic Act on Referendums, 2552 BE, which deal with offences and punishments, shall also apply to the conduct of the referendum according to this Constitution.
The referendum under this Constitution shall be organised for voting as to whether approval or disapproval should be given to the draft constitution in its entirety and must be held on the same day throughout the Kingdom. In this respect, the National Reform Assembly or National Legislative Assembly may resolve to introduce any other issue, not more than one per each Assembly, for which the Election Commission should organise a referendum on the same occasion. In such event, the President of the National Reform Assembly or President of the National Legislative Assembly shall introduce the issue to the Cabinet for consideration. If the Cabinet approves any issue, it shall notify the Election Commission thereof within fifteen days from the day of its receipt of the resolution of the National Reform Assembly or National Legislative Assembly, and the Election Commission shall organise a referendum for such issue on the same occasion as the referendum on the draft constitution, in respect of which the majority of votes shall be adhered to.
The adoption of a resolution to introduce an issue in accordance with paragraph 2 shall be conducted by the National Reform Assembly on the same day as the adoption of a resolution to approve or disapprove the draft constitution, and the National Legislative Assembly shall adopt its resolution within three days from the day the National Reform Assembly adopted the resolution approving the draft constitution.
The Election Commission shall, by announcement, designate the day for the referendum under paragraph 4, which must not be sooner than thirty days, but not later than forty-five days, from the day the Election Commission successfully sends the draft constitution to the persons having the right to vote in the referendum [in the number] not less than eighty per cent of the total households in the household registers of which the names of the persons having the right to vote in the referendum are contained.
In the referendum, the persons having the right to vote must be qualified and not disqualified in the same manner as the persons having the right to vote in the last general election before the day of coming into force of this Constitution. And, subject to section 37/1, if the majority of the persons having the right to vote in the referendum approves the draft constitution, the Prime Minister shall bring and present the draft constitution to [the Monarch] within thirty days from the day of announcement of the referendum results, and once [the Monarch] has signed it, it shall be published in the Royal Gazette and become applicable, provided that it be also countersigned by the Prime Minister.
In the event that the Monarch disapproves the draft constitution and gives it back, or when He fails to give it back within ninety days, the draft constitution shall lapse.”
Section6.The following provisions shall be inserted in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, as section 37/1:
“Section37/1.In the event that the Cabinet approves the organisation of a referendum for an additional issue according to section 37, paragraph 4, and the majority of the persons voting in the referendum approves the said issue, resulting in provisions of the draft constitution to be incompatible with the referendum result, the Constitution Drafting Committee shall effect, and finish within thirty days from the day of announcement of the referendum results, amendments to the relevant parts of the draft constitution so that they be compatible with the referendum results, and shall send the said draft constitution to the Constitutional Court for consideration as to whether or not it is in line with the referendum results, in respect of which the Constitutional Court must finish its consideration within thirty days from the day of its receipt of the draft constitution. If the Constitutional Court finds that the amendments are already compatible with the referendum results; or in the event that the Constitutional Court finds any provision not yet compatible with the referendum results and sends the draft constitution back to the Constitution Drafting Committee, the Constitution Drafting Committee shall effect rectification according to the ruling of the Constitutional Court, which must be finished within fifteen days from the day the Constitutional Court gave the ruling, upon which the Prime Minister shall bring and present the draft constitution to [the Monarch] in accordance with section 37, paragraph 7, provided that [the time limit] shall be counted from the day the Prime Minister receives the perfectly amended draft constitution.”
Section7.The provisions of sections 38 and 39 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, shall be repealed and replaced by the following provisions:
“Section38.The National Reform Assembly shall come to an end in the following events:
(1)the National Reform Assembly fails to finish considering the draft constitution within the designated time;
(2)the National Reform Assembly has finished considering the draft constitution in accordance with section 37, irrespective of whether or not it resolved to approve the draft constitution.
When the Constitution Drafting Committee fails to finish drawing up a draft constitution within the period of time under section 34, or when the event under (1) occurs, or when the National Reform Assembly resolves to disapprove the draft constitution, the Constitution Drafting Committee shall come to an end also, but section 33, paragraph 2, shall not apply to the Members of the Constitution Drafting Committee who vacate their positions for the said reason.
Section39.In the event that the National Reform Assembly has terminated but the Constitution Drafting Committee remains still, the Constitution Drafting Committee shall continue to perform its duties, save where the draft constitution is disapproved in the referendum, in which case the Constitution Drafting Committee shall terminate from the day of announcement of the referendum results. However, in the case that the draft constitution is approved in the referendum, the Constitution Drafting Committee shall continue to perform its duties in order to prepare the bills of the organic acts or other laws as necessary and introduce them to the National Legislative Assembly, and after the constitution has been promulgated, the performance of duties by the Constitution Drafting Committee shall be in accordance with the constitution so promulgated.
In the event that the National Reform Assembly has come to an end but the Constitution Drafting Committee still remains, if a Member of the Constitution Drafting Committee vacates his position for whatever reason during such period, the remaining [Members of the] Constitution Drafting Committee shall be able to continue their duties and the Constitution Drafting Committee shall be deemed composed of the remaining Members, and the Chief of the National Council for Peace and Order shall promptly appoint a Member of the Constitution Drafting Committee to fill the vacant position, provided that section 32, paragraphs 1, 2, and 3, shall not be applied.”
Section8.The following provisions shall be inserted in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, as sections 39/1, 39/2, and 39/3:
“Section39/1.Within thirty days from the day the National Reform Assembly and the Constitution Drafting Committee came to an end, or from the day the Constitution Drafting Committee came to an end according to section 39, or from the day of the draft constitution lapsed according to section 37, paragraph 8, as the case may be, the National Council for Peace and Order shall establish a Constitution Drafting Commission, composed of one President and not more than twenty other Members, to discharge the duty of drafting a constitution, which must be finished within one hundred and eighty days counted from the day of the establishment, provided that sections 33 and 35 shall apply mutatis mutandis.
In the course of the preparation of a draft constitution, the Constitution Drafting Commission shall also take into account the opinions of the National Council for Peace and Order, the Cabinet, the National Legislative Assembly, and the people, provided that this be subject to the criteria, procedure, and time limits designated by the Constitution Drafting Commission.
Once the Constitution Drafting Commission has finished drafting a constitution, it shall notify the Cabinet thereof, and the Cabinet shall promptly notify the Election Commission thereof. Then it shall be the duty of the Election Commission to organise a referendum in accordance with the criteria, procedure, and time limits designated by an announcement of the Election Commission with the approval of the National Legislative Assembly and published in the Royal Gazette, and section 37, paragraphs 4, 5, 6, 7, and 8, section 37/1, and section 39, paragraph 1, shall apply mutatis mutandis, provided that the powers and duties of the Constitution Drafting Committee shall become the powers and duties of the Constitution Drafting Commission.
Section39/2.Once the National Reform Assembly has come to an end in accordance with section 38, there shall never again be a National Reform Assembly according to this Constitution, and there shall, instead of a National Reform Assembly, be a National Reform Steering Assembly to bring about the reform in various fields according to section 27 in succession to the National Reform Assembly, in respect of which regard shall be had to the urgent importance and effectuality of the reform during the remaining period of time, and section 31, paragraphs 1(1) and 2, shall apply mutatis mutandis.
The National Reform Steering Assembly shall be composed of Members numbering not more than two hundred, who are appointed by the Prime Minister from amongst the persons of the Thai nationality by birth and of the age not less than thirty-five years, provided that the appointment be finished within thirty days from the day the National Reform Assembly came to an end.
The Prime Minister shall appoint [from amongst] the Members of the National Reform Steering Assembly one as President of the National Reform Steering Assembly and not more than two as Vice Presidents of the National Reform Steering Assembly, provided that this be in accordance with a resolution of the National Reform Steering Assembly.
Sections 13, 18, and 29 shall apply mutatis mutandis to the National Reform Steering Assembly and Members of the National Reform Steering Assembly. But the issuance of a ruling in accordance with section 9, paragraph 2, shall become the power of the National Reform Steering Assembly.
Section39/3.Sections 40 and 41 shall also apply mutatis mutandis to the President, Vice Presidents, and Members of the National Reform Steering Assembly and the President and Members of the Constitution Drafting Commission.”
Section9.The provisions of paragraph 5 of section 46 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, shall be repealed and replaced by the following provisions:
“Once the National Legislative Assembly has approved the amended draft constitution, the Prime Minister shall bring and present the amended draft constitution to [the Monarch] within fifteen days from the day the National Legislative Assembly resolved to [have it presented to] the Monarch for His signature, and [the draft] shall come into force upon publication in the Royal Gazette, provided that it be also countersigned by the Prime Minister and that section 38, paragraph 8, be applied mutatis mutandis.”
General Prayut Chan-o-cha
Prime Minister
Note: The reasons for the promulgation of this Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, are as follows: Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, so as to designate a more suitable procedure for the organisation of a referendum on the draft constitution, it is therefore necessary to enact this Constitution.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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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:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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