Translation:Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era
- Constitution
- Preamble
- Section
- Form of state, head of state, royal sacrosanctity
- Sovereign power, separation of powers
- Constitutional protection
- Privy Council
- National Legislative Assembly (NLA): composition; functions
- NLA: membership termination
- NLA: presidency
- NLA: vote to remove members
- NLA: conduct of meetings
- NLA: enactment of acts
- NLA: interpellation, debate
- NLA: general debate
- NLA: privilege, immunity
- Cabinet: composition, functions, parliamentary rights
- Emergency decrees
- Decrees
- Countersignatures for royal documents concerning public affairs
- Judicial independence
- Constitution Drafting Assembly (CDA): composition, functions, privilege, immunity, conduct of meetings
- National People's Assembly (NPA): composition
- NPA: presidency
- NPA: functions
- CDA: appointment of members
- CDA: appointment of substitute members
- CDA: preparation of new constitution through Constitution Drafting Committee (CDC)
- CDC: dissemination of draft constitution
- CDA: amendment to draft constitution
- CDA: consideration of draft constitution
- Referendum on draft constitution
- CDC: drafting of organic laws, prohibition of conflict of interest
- Promulgation of new constitution approved in referendum
- Promulgation of new constitution in case CDA fails to fulfil duty or draft constitution is disapproved
- Compensations for agencies under this Constitution
- Council for National Security (CNS): composition
- Constitutional Tribunal
- CNS: legalisation
- CNS: amnesty
- Non liquet
- CNS: transitory capacity as cabinet
Constitution of the Kingdom of Thailand
(Interim),
2549 Buddhist Era[1]
Somdet Phra Paramin Maha Bhumibol Adulyadej
Sayaminthrathirat Borommanatbophit
Given on the 1st day of October 2549 Buddhist Era
Being the 61st year of the present reign
Phrabat Somdet Phra Paramin Maha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkrinaruebodin Sayaminthrathirat Borommanatbophit commands that it be announced as follows:
Whereas the Chief of the Council for Democratic Reform, which successfully seized the administrative power of the State on the 19th day of September 2549 Buddhist Era, informed Him of the following: The reason for which it seized the power and announced the repeal of the Constitution of the Kingdom of Thailand was its desire to remedy the loss of faith in the public administration of the State, the lack of efficiency in the control of the public administration of the State and the scrutiny of the exercise of state power which had brought about extensive corruption and misconduct without being able to detect and take to punishment the offenders, thereby constituting a serious crisis in terms of politics and administration, as well as the problems of disaccord amongst the people who had been stirred up to take sides to the extent shattering the feelings of love and harmony amongst the people in the Nation, thus resulting in a severe crisis with respect to the society. Even though many sectors had attempted to rectify the described crises, their efforts were of no avail, whilst the severity of the incidents tended to increase to the degree that forces might be employed to attack each other, from which the loss of life and limb might ensue. This is deemed an enormous peril to the administrative regime, the economic system, and the order of the Country, and prompts the need to create for provisional application an administrative mechanism suitable for the situations, taking into account the rule of law according to the custom of the democratic administration of Thailand with a Monarch as Head [of State], the restoration of the feelings of love and harmony, the economic system, and the order of the Country, the strengthening of a firm system of corruption scrutiny and a system of good ethics, the promotion and protection of rights and freedoms of the people, the observance of the Charter of the United Nations and obligations under treaties or international agreements, the promotion of relations with foreign countries, the pursuit of life in line with the principles of sufficiency economy, as well as the taking of measures to accelerate the preparation of a new draft constitution through extensive participation by the people in every stage; therefore, in order to accomplish that which He has been informed of by the Chief of the Council for Democratic Reform, He commands that the following provisions be applied as a Constitution of the Kingdom of Thailand (Interim) until promulgation of the constitution which is to be drawn up and presented to Him:
Section1.Thailand is one and indivisible kingdom.
A Monarch serves as the Head [of State] and holds the position of Head of the Thai Armed Forces.
The person of the Monarch enjoys a sacred and inviolable status. In addition, no accusation or litigation can be filed against Him in any manner.
Section2.The sovereign power belongs to all the Thai people. The Monarch who is the Head [of State] exercises such power through the National Legislative Assembly, the Cabinet, and the courts in accordance with the provisions of this Constitution.
Section3.Subject to the provisions of this Constitution, all the human dignity, rights, freedoms, and equality which have been protected for the Thai people in accordance with the custom of the democratic administration of Thailand with a Monarch as Head [of State] and in accordance with the already existing international obligations of Thailand, shall remain protected under this Constitution.
Section4.The Monarch selects and appoints one President of the Privy Council and not more than eighteen other Privy Councillors, who compose a Privy Council.
Selection, appointment, and retirement of the President of the Privy Council and other Privy Councillors shall be at the royal pleasure.
The President of the National Legislative Assembly shall countersign the appointment of the President of the Privy Council, and the President of the Privy Council shall countersign the appointment of other Privy Councillors.
Section5.There shall be a National Legislative Assembly composed of not more than two hundred and fifty Members, who are appointed by the Monarch from amongst the persons of Thai nationality by birth and of the age not less than thirty-five years.
The National Legislative Assembly shall serve as the House of People’s Representatives, Senate, and National Assembly.
In recruiting persons for appointment as Members of the National Legislative Assembly, due regard shall be had to persons from various groups in the public sector, private sector, social sector, and academic sector in all regions.
In the event that a law prohibits a person from holding a political position, such law shall not apply to the appointment as a Member of the National Legislative Assembly.
Section6.The membership of a Member of the National Legislative Assembly ends upon—
(1)death;
(2)resignation;
(3)lack of such qualification as designated in section 5;
(4)holding of a ministerial position;
(5)removal from the membership by a resolution of the National Legislative Assembly according to section 8.
Section7.The Monarch appoints from amongst the Members of the National Legislative Assembly one as President of the National Legislative Assembly and one or several as Vice Presidents of the National Legislative Assembly, according to a resolution of the National Legislative Assembly.
The provisions of section 6 shall also apply mutatis mutandis to the vacation of positions by the President and Vice Presidents of the National Legislative Assembly.
The President of the Council for National Security shall countersign the appointment of Members of the National Legislative Assembly and the appointment of the President and Vice Presidents of the National Legislative Assembly.
Section8.In the case that any Member of the National Legislative Assembly commits an act which impairs the honour of being a Member of the National Legislative Assembly or behaves in such a way that obstructs the performance of duties by a Member of the National Legislative Assembly, Members of the National Legislative Assembly numbering not less than twenty have the right to subscribe a request to the President of the National Legislative Assembly for removing him from his membership.
The resolution of the National Legislative Assembly to remove a Member from his membership in accordance with paragraph 1 must obtain a vote of not less than two thirds of the total number of the Members existing on the voting day.
Section9.At meetings of the National Legislative Assembly, the Members in attendance must not be less than one half of the total number of the Members in order that a quorum be met.
The National Legislative Assembly has the power to enact regulations relating to the selection of and the performance of duties by the President of the Assembly, the Vice Presidents of the Assembly, and members of committees, the procedure for the conduct of meetings, the introduction and consideration of bills, the introduction of motions, the conduct of debates, the passage of resolutions, the conduct of interpellation, the maintenance of rule and order, and other affairs for the execution of its powers and duties.
Section10.The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.
Subject to section 30, bills shall only be introduced by Members of the National Legislative Assembly numbering not less than twenty-five jointly, or the Council of Ministers. However, money bills shall only be introduced by the Council of Ministers.
A money bill according to paragraph 2 refers to a bill which deals with all or any of the following subjects, namely, the establishment, repeal, reduction, alteration, modification, remission, or regulation of a tax or duty, the appropriation of, receipt of, custody of, spending of, transfer of, or creation of an obligation binding state money, the reduction of state revenue, or the raising, guarantee, or repayment of a loan, or [refers to] a bill on currency.
In the case of doubt as to whether or not a bill introduced by Members of the National Legislative Assembly is a money bill, it shall be the power of the President of the National Legislative Assembly to give a ruling.
Section11.At meetings of the National Legislative Assembly, every Member has the right to interpellate a Minister in 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 for it relates to the safety or important benefit of the State, or when he finds that the interpellation is prohibited by a regulation.
When there is an important problem, Members of the National Legislative Assembly numbering not less than one hundred may subscribe and introduce a motion to open a debate for interrogating the Council of Ministers as to the facts, but no resolution of confidence or no confidence shall be passed.
Section12.In the case that there is an important problem relating to the administration of the public services of the State, regarding which the Council of Ministers finds it appropriate to hear opinions of Members of the National Legislative Assembly, the Prime Minister may apply to the President of the National Legislative Assembly for opening a general debate at a meeting of the National Legislative Assembly. In such case, the National Legislative Assembly shall not pass a resolution upon the problem debated.
Section13.At meetings of the National Legislative Assembly, it is an absolute privilege for anyone 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 taken as a ground for filing a proceeding or denunciation against him in any manner.
The privilege provided in paragraph 1 shall also extend its protection to the members of the committees of the National Legislative Assembly, the persons who print or publish meeting proceedings upon order of the National Legislative Assembly or a committee, the persons who are permitted by the president of a meeting to state facts or express opinions at the meeting of the National Legislative Assembly, as well as the persons who broadcast meetings of the National Legislative Assembly through broadcasting radio, or broadcasting television, or any other means upon permission of the President of the National Legislative Assembly. But it does not protect a Member of the National Legislative Assembly who utters [any] word at a meeting which is broadcast through broadcasting radio, broadcasting television, or any other means, if the word so uttered at the meeting appears outside the precincts of the National Legislative Assembly and the utterance of such a word is characteristic of a criminal offence or violates a civil right of another person than a Minister or Member of the National Legislative Assembly.
In the case that a Member of the National Legislative Assembly is held in custody or detention, his release shall be ordered upon request of the President of the National Legislative Assembly, or when a criminal case is filed against him, the court shall be able to proceed with the trial of the case, save where the President of the National Legislative Assembly requests a stay of the trial.
Section14.The Monarch appoints one Prime Minister and [appoints] other Ministers numbering not more than thirty-five in accordance with the advice presented by the Prime Minister. They make up a Council of Ministers which has the duties to administer the public services of the State.
The Monarch wields the prerogative to remove the Prime Minister from his position according to the advice presented by the President of the Council for National Security, and to remove a Minister from his position according to the advice presented by the Prime Minister.
In appointing the Prime Minister and removing the Prime Minister from his position, the President of the Council for National Security shall give a countersignature.
The Prime Minister and Ministers shall not at the same time be Members of the National Legislative Assembly, Members of the Constitution Drafting Assembly, or Members of the Constitution Drafting Committee.
The Prime Minister and Ministers have the right to attend and give explanations or express opinions at meetings of the National Legislative Assembly and National Reform Assembly, but they have no right to vote.
Section15.In the case [that it is necessary] for the purpose of maintaining the security of the Kingdom, safety of the Country, or economic security of the Country, or averting a public disaster, or when it is necessary to have a law relating to taxation or currency which must be considered promptly and secretly, the Monarch wields the prerogative to enact an emergency decree to be applied as an act.
Upon promulgation of an emergency decree, the Council of Ministers shall introduce the emergency decree to the National Legislative Assembly without delay. If approbated by the National Legislative Assembly, the emergency decree shall continue to be in force as an act. If reprobated by the National Legislative Assembly, the emergency decree shall lapse, but this does not affect the affairs which took place during the application of the emergency decree, save where the emergency decree results in an amendment to or repeal of any provision of law, [in which case] the provision of law existing prior to the amendment or repeal shall continue to be in force from the day the reprobation of such emergency decree comes into force.
Approbation or reprobation of an emergency decree shall be published in the Royal Gazette. In the case of reprobation, it shall take effect from the day of its publication in the Royal Gazette.
Section16.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law.
Section17.All legal provisions, royal rescripts, and royal commands of any kind, which relate to the public affairs of the State, must be countersigned by the Prime Minister or a Minister, save where otherwise provided by this Constitution.
Section18.Judges and justices are independent in trying and adjudicating upon cases in the name of the Monarch, in a just manner, and in accordance with the law and this Constitution.
Section19.There shall be a Constitution Drafting Assembly to prepare a draft constitution, composed of one hundred Members appointed by the Monarch’s Most Gracious Majesty in accordance with the procedures provided in this Constitution.
The Monarch appoints one of the Members of the Constitution Drafting Assembly as President of the Constitution Drafting Assembly and not more than two thereof as Vice Presidents of the Constitution Drafting Assembly, subject to a resolution of the Constitution Drafting Assembly.
The Members of the Constitution Drafting Assembly must not be or have been members of a political party or have held any position in a political party during the period of two years before the day of being selected as Members of the Constitution Drafting Assembly, and must not at the same time be Members of the National Legislative Assembly.
The Members of the Constitution Drafting Assembly, the members of the committees of the Assembly, the persons who print or publish meeting proceedings upon the order of the Constitution Drafting Assembly or a committee, the persons who are permitted by the president of a meeting to state facts or express opinions at the meeting of the Constitution Drafting Assembly, and the persons who broadcast meetings of the Constitution Drafting Assembly through broadcasting radio or broadcasting television with the permission of the President of the Constitution Drafting Assembly, shall, in the same manner as the Members of the National Legislative Assembly, enjoy the privilege and immunity as provided in section 13.
Section 9, paragraph 1, shall apply mutatis mutandis to the quorum of the Constitution Drafting Assembly; and the rules of the National Legislative Assembly, to the meetings of the Constitution Drafting Assembly.
Section20.There shall be a National People’s Assembly composed of not more than two thousand Members appointed by the Monarch’s Most Gracious Majesty from amongst the persons of Thai nationality by birth and of the age not less than eighteen years.
The President of the Council for National Security shall countersign the appointment of the Members of the National People’s Assembly under paragraph 1.
The provisions of section 5, paragraphs 3 and 4, shall also apply mutatis mutandis to the recruitment of and the appointment as Members of the National People’s Assembly.
Section21.At meetings of the National People’s Assembly, the President of the National Legislative Assembly shall serve as the President of the National People’s Assembly, and the Vice Presidents of the National Legislative Assembly shall serve as the Vice Presidents of the National People’s Assembly.
The conduct of meetings of the National People’s Assembly and the procedures for selection of Members of the Constitution Drafting Assembly shall be as designated by the person serving as the President of the Assembly.
Section22.The National People’s Assembly shall have the duty to select two hundred of its Members to form a list of the persons eligible to be appointed as Members of the Constitution Drafting Assembly, which must be finished within seven days from the day of opening of the first meeting of the National People’s Assembly. And when the Members of the Constitution Drafting Assembly have been selected, or when they still cannot be selected completely despite the time limit having expired already, the National People’s Assembly shall end.
In conducting the selection according to paragraph 1, the Members of the National People’s Assembly shall have the right to select not more than three names each, and two hundred persons that receive the highest points shall respectively be the selectees. In the event of a tie of points in any order which would result in there being more than two hundred selectees, sortition shall be resorted to.
Section23.Upon receipt of the list of the selectees from the National People’s Assembly, the Council for National Security shall select one hundred out of the persons under the said list and notify the Monarch’s Most Gracious Majesty to appoint them as Members of the Constitution Drafting Assembly.
In the event that the National People’s Assembly fails to finish performing the duty within the time limit under section 22, paragraph 1, the Council for National Security shall select one hundred of the Members of the National People’s Assembly as Members of the Constitution Drafting Assembly before notifying the Monarch’s Most Gracious Majesty for further appointment.
The President of the Council for National Assembly shall countersign the appointment of Members of the Constitution Drafting Assembly.
The provisions of section 5, paragraph 4, shall also apply mutatis mutandis to the appointment of Members of the Constitution Drafting Assembly and Members of the Committee under section 25.
Section24.Whilst the Constitution Drafting Assembly has not yet finished performing the duties under this Constitution, if a Member of the Constitution Drafting Assembly vacates his position for any reason, the President of the Council for National Security shall select a person from amongst the remaining names in the list under section 22 or from amongst the persons who have once been Members of the National People’s Assembly, as the case may be, before notifying [the Monarch] to appoint him as a Member of the Constitution Drafting Assembly to fill the vacancy. All this [shall be done] within thirty days from the day the position becomes vacant.
Whilst no Member of the Constitution Drafting Assembly has yet been appointed to fill the vacancy, the Constitution Drafting Assembly shall only be composed of the Members who remain.
Section25.In preparing a draft constitution, the Constitution Drafting Assembly shall establish a Constitution Drafting Committee composed of twenty-five qualified persons selected in accordance with a resolution of the Assembly, irrespective of whether or not they are Members of the Constitution Drafting Assembly, as well as ten qualified persons according to the advice of the President of the Council for National Security, irrespective also of whether or not they are Members of the Constitution Drafting Assembly. All this [shall be done] in accordance with the criteria and procedures designated in a royal decree.
Section26.Once the Constitution Drafting Committee has finished preparing a draft constitution, it shall prepare an explanation as to how the newly prepared draft constitution is different from the Constitution of the Kingdom of Thailand, 2540 Buddhist Era, together with [a statement of] grounds for the modifications, [and send them to] the Members of the Constitution Drafting Assembly [and] the following organisations and persons for them to consider and introduce [any] opinions:
(1)the Council for National Security;
(2)the National Legislative Assembly;
(3)the Cabinet;
(4)the Supreme Court of Justice;
(5)the Supreme Administrative Court;
(6)the Election Commission;
(7)the National Anti-Corruption Commission;
(8)the Auditor General;
(9)the National Assembly’s Ombudsmen;
(10)the National Human Rights Commission;
(11)the National Economic and Social Advisory Council;
(12)higher education institutions.
The Constitution Drafting Committee shall disseminate to the general public for its information the draft constitution and the explanatory documents according to paragraph 1, and shall also promote and organise the hearing of public opinions in supplement thereto.
Section27.Once a Member of the Constitution Drafting Assembly has received the draft constitution and the documents according to section 26, if he desires to amend it, he shall be able to do so when Members of the Constitution Drafting Assembly numbering not less than one tenth of the existing Members of the Constitution Drafting Assembly have countersigned [his amendment], and the amendment application must be filed together with [a statement of] grounds before the day appointed for the meeting of the Constitution Drafting Assembly according to section 28.
A Member who has filed an amendment application or has countersigned an amendment of another Member can no longer file any other amendment application or countersign an amendment of any other Member.
Section28.Upon expiry of the limit of thirty days from the day of sending the documents according to section 26, the Constitution Drafting Committee shall consider the opinions received in accordance with section 26 and the amendments under section 27, and shall prepare a report on granted and denied amendments as well as [a statement of] grounds to be disseminated for general information, before introducing the draft constitution to the Constitution Drafting Assembly for consideration.
The consideration by the Constitution Drafting Assembly according to paragraph 1 is for giving approval or disapproval to the draft constitution in its entirety and to the only sections for which Members have filed amendment applications according to section 27 or for which the Constitution Drafting Committee has made recommendations, provided that no Member of the Constitution Drafting Assembly shall submit any amendment in addition to those provided in section 27, save where approved by the Constitution Drafting Committee or by Members of the Constitution Drafting Assembly numbering not less than three fifths.
Section29.The Constitution Drafting Assembly shall prepare a draft constitution and consider it in accordance with section 28, which must be finished within one hundred and eighty days from the day of opening the first meeting of the Constitution Drafting Assembly.
Once its preparation is finished, the draft constitution shall be disseminated to the public for its information, and a referendum shall be organised to approve or disapprove the draft constitution in its entirety, which must be held not sooner than fifteen days and not later than thirty days from the day the draft constitution is disseminated as said. All this [shall be done] in accordance with the criteria and procedures designated by an announcement of the Constitution Drafting Assembly.
The referendum must be held on the same day throughout the Kingdom.
Section30.Upon having finished preparing the draft constitution according to section 29, paragraph 1, the Constitution Drafting Committee shall draw up, and finish within forty days from the day the preparation of the draft constitution is finished, the bills of those organic acts which are necessary for the purposes of organising an election, in order to introduce them to the National Legislative Assembly for further proceedings. The National Legislative Assembly must finish considering them within forty-five days from the day it receives them from the Constitution Drafting Committee.
For the purposes of eliminating [conflicts of] interest, no Member of the Constitution Drafting Committee shall apply for candidacy in an election of Members of the House of People’s Representatives or hold a position of Senator during two years from the day he vacates his membership in the Constitution Drafting Committee.
Section31.In the referendum, if the people who have the right to vote approve the promulgation of the draft new constitution through the majority of the present voters, the President of the National Legislative Assembly shall bring and present the draft constitution to [the Monarch], and once [the Monarch] has signed it, it shall be published in the Royal Gazette and come into force.
Once the constitution has been promulgated and the Constitution Drafting Assembly has finished preparing the bills of the organic acts according to section 30, or once the period of time designated under section 30 has completed, depending on whichever is earlier, the Constitution Drafting Assembly shall end.
Section32.In the event that the Constitution Drafting Assembly fails to finish preparing the draft constitution within the time limit under section 29, paragraph 1, or the Constitution Drafting Assembly disapproves the draft constitution according to section 28, paragraph 2, or the people, through the majority of the voters present at a referendum, disapprove the promulgation of the draft new constitution, the Constitution Drafting Assembly shall end, and the Council for National Security shall hold joint meetings with the Cabinet to consider and improve any of the previously promulgated constitutions of the Kingdom of Thailand, which must be finished within thirty days from the day the disapproval is expressed in the referendum, and shall bring and present [the finished draft] to [the Monarch] in order that [the Monarch] would further sign it and promulgate it as a constitution.
At the joint meetings according to paragraph 1, the President of the Council for National Security shall preside over the meetings.
In promulgating the constitution according to this section, the Prime Minister shall give a countersignature.
Section33.Positional allowances and other remunerative benefits of the Presidents and Vice Presidents of the National Legislative Assembly and Constitution Drafting Assembly, the holders of positions in the Council for National Security, the Members of the National Legislative Assembly, the Members of the Constitution Drafting Assembly, the Members of the Constitution Drafting Committee, and the holders of positions in the Constitutional Tribunal, shall be as designated in a royal decree.
Section34.For the purpose of maintaining national order and security, there shall be a Council for National Security composed of the persons according to the Announcement of the Council for Democratic Reform No 24 dated the 29th day of September 2549 Buddhist Era.
The President of the Council for National Security may additionally appoint not more than fifteen Members of the Council for National Security.
The Chief, Deputy Chiefs, Members, Secretary General, and Assistant Secretaries General of the Council for Democratic Reform shall become the President, Vice Presidents, Members, Secretary General, and Assistant Secretaries General of the Council for National Security, respectively.
In the event that the President of the Council for National Security is absent or unable to perform the duties, the Vice President of the Council for National Security according to the order [of precedence] designated by the President of the Council for National Security shall serve as the President of the Council for National Security. And in the event that the President of the Council for National Security and the Vice Presidents of the Council for National Security are absent or unable to perform the duties, the Members of the Council for National Security shall select one Member of the Council for National Security to serve as the President of the Council for National Security.
In the event that it is found appropriate, the President of the Council for National Security or the Prime Minister may request a joint meeting of the Council for National Security and the Cabinet to together consider and resolve any problem relating to the maintenance of national order and security, as well as to consult or confer on any other matter from time to time.
Section35.All and any matters which the law designates to be [under] the power of the Constitutional Court or the questions as to whether any laws are unconstitutional shall become [subject to] the power of a Constitutional Tribunal, which is composed of the President of the Supreme Court of Justice as President; the President of the Supreme Administrative Court as Vice President; five judges of the Supreme Court of Justice whose positions are not lower than judges of the Supreme Court of Justice and who have been selected by the General Assembly of the Supreme Court of Justice by means of secret ballot, as Members; and two justices of the Supreme Administrative Court who have been selected by the General Assembly of the Supreme Administrative Court by means of secret ballot, as Members.
The Office of the Constitutional Court according to the law on the Office of the Constitutional Court shall carry out administrative duties and any other matters assigned by the President of the Constitutional Tribunal.
The quorum for the conduct of trial and adjudication, the procedure, and the formation of rulings shall be as designated by the Constitutional Tribunal and published in the Royal Gazette.
All and any cases or matters which have been pending before the Constitutional Court [since] before the 19th day of September 2549 Buddhist Era shall be transferred to and become subject to the power and responsibility of the Constitutional Tribunal.
Section36.All the announcements and orders of the Council for Democratic Reform or the orders of the Chief of the Council for Democratic Reform, which were made or given during [the period from] the 19th day of September 2549 Buddhist Era to the day of promulgation of this Constitution, shall continue to be in force, irrespective of whatever form they might take and whether they were made or given to produce legislative, executive, or judicial effect. And those announcements or orders, as well as the observance of those announcements or orders, whether done before or after the promulgation of this Constitution, shall be deemed lawful and constitutional.
Section37.As for all the acts of the Chief of the Council for Democratic Reform which have been done in connection with the seizure and taking control of the administrative power of the State on the 19th day of September 2549 Buddhist Era, and the acts of the persons connected with the said acts, or of the persons authorised by the Council for Democratic Reform or its Chief, or of the persons ordered by the persons authorised by the Council for Democratic Reform or its Chief, which have been done for the aforesaid acts, whether for producing legislative, executive, or judicial effect, as well as the infliction of punishments and other acts of public administration, whether done as principals, accessories, inciters, or incited persons and whether done on the said day or before or after the said day, the doers shall, if the acts are in breach of the law, be released from the guilt and liabilities absolutely.
Section38.Whenever no provision of this Constitution is applicable to any case, such case shall be ruled in line with the custom of the democratic administration of Thailand with a Monarch as Head [of State].
In the event that a problem relating to the ruling of any case according to the provision of paragraph 1 occurs in the purview of the National Legislative Assembly, or when there is a case for which the Cabinet applies to the National Legislative Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.
Section39.Before the Cabinet takes office, the President of the Council for National Security shall serve as the Prime Minister and the Cabinet.
General Sonthi Boonyaratglin
Chief of the Council for Democratic Reform
- ↑ This constitution was drafted by Bowonsak Uwanno, Michai Ruechuphan, and Witsanu Khruea-ngam. [Reference: Komchadluek (2021-12-11). "Paetsip Kao Pi Rothono Thai Michai Ruechuphan Netiborikon Chan Khru Mue Rang Ratthathammanun Yam Wikrit" [89 years of Thai constitutions: Michai Ruechuphan, guru-level legal service provider who drafted constitutions in critical times] (in Thai). Archived from the original on 2024-04-05.] (Wikisource contributor note)
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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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