Translation:Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era

Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era (2006)
Council for Democratic Reform, translated from Thai by Wikisource
1327106Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era2006Council for Democratic Reform
Table of contents 
Constitution
Preamble
Section
  1. Form of state, head of state, royal sacrosanctity
  2. Sovereign power, separation of powers
  3. Constitutional protection
  4. Privy Council
  5. National Legislative Assembly (NLA): composition; functions
  6. NLA: membership termination
  7. NLA: presidency
  8. NLA: vote to remove members
  9. NLA: conduct of meetings
  10. NLA: enactment of acts
  11. NLA: interpellation, debate
  12. NLA: general debate
  13. NLA: privilege, immunity
  14. Cabinet: composition, functions, parliamentary rights
  15. Emergency decrees
  16. Decrees
  17. Countersignatures for royal documents concerning public affairs
  18. Judicial independence
  19. Constitution Drafting Assembly (CDA): composition, functions, privilege, immunity, conduct of meetings
  20. National People's Assembly (NPA): composition
  21. NPA: presidency
  22. NPA: functions
  23. CDA: appointment of members
  24. CDA: appointment of substitute members
  25. CDA: preparation of new constitution through Constitution Drafting Committee (CDC)
  26. CDC: dissemination of draft constitution
  27. CDA: amendment to draft constitution
  28. CDA: consideration of draft constitution
  29. Referendum on draft constitution
  30. CDC: drafting of organic laws, prohibition of conflict of interest
  31. Promulgation of new constitution approved in referendum
  32. Promulgation of new constitution in case CDA fails to fulfil duty or draft cosntitution is disapproved
  33. Compensations for agencies under this Constitution
  34. Council for National Security (CNS): composition
  35. Constitutional Tribunal
  36. CNS: legalisation
  37. CNS: amnesty
  38. Non liquet
  39. CNS: transitory capacity as cabinet

Seal of the Royal Command
Seal of the Royal Command

Constitution of the Kingdom of Thailand
(Interim),
2549 Buddhist Era[1]


Somdet Phra Paramin Maha Bhumibol Adulyadej
Sayaminthrathirat Borommanat Bophit

Given on the 1st day of October 2549 Buddhist Era
Being the 61st year of the present reign

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

Whereas the Head of the Council for Democratic Reform,[2] which successfully seized the administrative power of the State on the 19th day of September 2549 Buddhist Era, has humbly made the following submission to Him: 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 administration of the public services of the State, the lack of efficiency in the control of the administration of the public services of the State and the scrutiny of the exercise of state power which 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 discord amongst all 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 resolve the described crises, their efforts were of no avail, whilst the gravity 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 designate an administrative mechanism suitable with the situations to be applied for the time being, taking into account the rule of law in line with the custom of the democratic administration of Thailand with Monarch as Head [of State], the restoration of the feelings of love and harmony, the economic system, and the order of the Land, 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 of the people in every stage; therefore, in order to accomplish that which has been submitted to Him by the Head of the Council for Democratic Reform, He gives a great royal command by which He orders with His pleasure 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 whole kingdom incapable of separation.

The Monarch is the Head [of State] and holds the position of Head of the Thai Armed Forces.

The person of the Monarch dwells in the position of revered worship, which shall no one violate. In addition, no accusation or proceeding shall be filed against Him in any manner.

Section2.The sovereign power belongs to all Thais. The Monarch, who is the Head [of State], exercises such power through the National Legislative Assembly, the Council of Ministers, 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 Thais in accordance with the custom of the democratic administration of Thailand with Monarch as Head [of State] and in accordance with the already existing international obligations of Thailand, do 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 the Privy Council.

Selection, appointment, and vacation of positions 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 Members numbering not more than two hundred and fifty, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth and of the age not lower than thirty-five years.

The National Legislative Assembly shall serve as the House of 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 status of being appointed as a Member of the National Legislative Assembly.

Section6.The membership of a Member of the National Legislative Assembly terminates upon—

(1)death;

(2)resignation;

(3)lack of such qualification as designated in section 5;

(4)holding of a position of Minister;

(5)removal from the membership by a resolution adopted by 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 stipulations of section 6 shall also apply mutatis mutandis to the vacation of positions of 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 services of the State, must be countersigned by the Prime Minister or a Minister, save where this Constitution provides otherwise.

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 Members numbering one hundred, who are appointed by [the Monarch] in accordance with the procedure provided in this Constitution.

The Monarch appoints [from amongst] the Members of the Constitution Drafting Assembly one as President of the Constitution Drafting Assembly and not more than two as Vice Presidents of the Constitution Drafting Assembly, according to a resolution of the Constitution Drafting Assembly.

The Members of the Constitution Drafting Assembly must not be or have once 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 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 upon 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 also apply mutatis mutandis to the quorum of the Constitution Drafting Assembly; and the regulations of the National Legislative Assembly, to the meetings of the Constitution Drafting Assembly.

Section20.There shall be a National People's Assembly[3] composed of Members numbering not more than two thousand, who are appointed by [the Monarch] from amongst the persons of the Thai nationality by birth and of the age not lower than eighteen years.

The President of the Council for National Security shall countersign the appointment of the Members of the National People's Assembly according to paragraph 1.

The stipulations of section 5, paragraph 3 and paragraph 4, shall also apply mutatis mutandis to the recruitment of and the status of being appointed 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 procedure 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 [Members of the] National People's Assembly shall have the duty to select their fellow Members, numbering two hundred, to form a list of the persons appropriate to be appointed as Members of the Constitution Drafting Assembly, which must be finished within seven days counted 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 completed already, the National People's Assembly shall terminate.

In 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 case of a tie of points in any order which would result in there being more than two hundred selectees, a method of lot drawing shall be resorted to.

Section23.Upon having received 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] 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] for further appointment.

The President of the Council for National Assembly shall countersign the appointment of Members of the Constitution Drafting Assembly.

The stipulations 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 whatsoever, 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 fil the vacancy. All this [shall be done] within thirty days counted 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 be composed of the remaining Members.

Section25.In preparing a draft constitution, the Constitution Drafting Assembly shall establish a Constitution Drafting Committee composed of competent persons selected in accordance with a resolution of the Assembly, who are twenty-five in number, whether or not being Members of the Constitution Drafting Assembly, as well as competent persons according to the advice of the President of the Council for National Security, who are ten in number, whether or not being Members of the Constitution Drafting Assembly. All this [shall be done] in accordance with the criteria and procedure 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)he National Legislative Assembly;

(3)the Council of Ministers;

(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 Ombudsmen of the National Assembly;

(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 counted 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 of 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 it is 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 counted 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 counted from the day the draft constitution is disseminated as said. All this [shall be done] in accordance with the criteria and procedure 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 counted from the day the preparation of the draft constitution is finished, the bills of the only organic acts that are necessary for the purpose 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 counted from the day it receives them from the Constitution Drafting Committee.

For the purpose 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 Representatives or shall hold a position of Senator during two years counted from the day he vacates his position of Member of 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 become applicable.

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 terminate.

Section32.In the case 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, in the referendum, the people disapprove the promulgation of the draft new constitution through the majority of the present voters, the Constitution Drafting Assembly shall terminate, and the Council for National Security shall hold joint meetings with the Council of Ministers to consider and improve any of the previously promulgated constitutions of the Kingdom of Thailand, which must be finished within thirty days counted from the day the disapproval is expressed in the referendum, and shall bring and present [the finished draft] to [the Monarch] in order that He 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 serve as the president of 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 Head, Deputy Heads, 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 case 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 Council of Ministers 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 acts which the law designates to be [under] the power of the Constitutional Court or the questions as to whether any laws are contrary to the Constitution 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; judges of the Supreme Court of Justice, numbering five, 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 justices of the Supreme Administrative Court, numbering two, 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 Office of the Constitutional Court shall execute administrative duties and any other affairs as authorised 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 through publication in the Royal Gazette.

All and any cases or affairs which have been pending before the Constitutional Court [since] before the 19th day of September 2549 Buddhist Era shall be transferred 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 Head 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, regardless 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 Head 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 in connection with the said acts, or of the persons authorised by the Council for Democratic Reform or its Head, or of the persons ordered by the persons authorised by the Council for Democratic Reform or its Head, 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 administering the public services of the State, whether done as principals, aiders, abettors, or abetted 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 Monarch as Head [of State].

In the event that a problem relating to the ruling of any case according to the stipulations of paragraph 1 occurs in the purview of the National Legislative Assembly, or when there is a case on which the Council of Ministers applies to the National Legislative Assembly for a ruling, the National Legislative Assembly shall give a decisive ruling.

Section39.Before the Council of Ministers assumes the duties, the President of the Council for National Security shall perform the duties of the Prime Minister and the Council of Ministers.

Countersignatory:
General Sonthi Boonyaratglin
Head of the Council for Democratic Reform

Notes edit

  1. Komchadluek (2021): This constitution was drafted by Bowonsak Uwanno, Michai Ruechuphan, and Witsanu Khruea-ngam.
  2. The Thai name of the junta, Khana Patirup Kanpokkhrong Nai Rabop Prachathippatai An Mi Phra Maha Kasat Song Pen Pramuk (Thai: คณะปฏิรูปการปกครองในระบอบประชาธิปไตยอันมีพระมหากษัตริย์ทรงเป็นประมุข), literally translates as "Council for Reform of Administration in Democratic Regime With Monarch As Head [of State]". However, "Council for Democratic Reform" is its official title in English.
  3. The Thai name of the assembly, Samatcha Haeng Chat (Thai: สมัชชาแห่งชาติ), literally translates as "National Assembly". However, "National People's Assembly" is its official title in English, whilst "National Assembly" is the English official title of the Thai parliament, of which the Thai name, Ratthasapha (Thai: รัฐสภา), literally translates as "State Assembly".

Bibliography edit

Original edit

  • "Ratthathammanun Haeng Ratcha-anachak Thai (Chabap Chua-khrao) Phutthasakkarat Song Phan Ha Roi Sisip Kao" [Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era]. (2006, 1 October). Ratchakitchanubeksa [Royal Gazette], 123(102A), 1–14. (In Thai).

References edit

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Original:

 

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