Translation:Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era

Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era (2014)
National Council for Peace and Order, translated from Thai by Wikisource
1677741Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era2014National Council for Peace and Order
Table of contents 
Constitution
Preamble
Section
  1. Form of state
  2. Form of government
  3. Sovereign power
  4. Constitutional protection
  5. Non liquet
  6. National Legislative Assembly (NLA): composition, functions
  7. NLA: matters to be considered in nominating members
  8. NLA: member disqualifications
  9. NLA: membership termination
  10. NLA: presidency
  11. NLA: people representation
  12. NLA: vote to remove members
  13. NLA: conduct of meetings
  14. Enactment of acts and organic acts
  15. Royal veto of bills
  16. NLA: interpellation, debate
  17. NLA: general debate
  18. NLA: privilege, immunity
  19. Council of Ministers (COM): composition, functions, parliamentary rights
  20. COM: qualifications, disqualifications
  21. Emergency decrees
  22. Decrees, pardons, traditional royal prerogatives
  23. Treaties
  24. Appointment and removal of senior officers
  25. Countersignatures for royal documents concerning public affairs
  26. Judicial independence
  27. National reform
  28. National Reform Assembly (NRA): composition, presidency
  29. NRA: disqualifications, membership termination
  30. NRA: selection of members
  31. NRA: authority
  32. Constitution Drafting Committee (CDC): composition
  33. CDC: qualifications, disqualifications
  34. Preparation of new constitution
  35. Contents of new constitution
  36. Editing of draft constitution
  37. Enactment of new constitution
  38. Dissolution of NRA and CDC
  39. Post NRA dissolution: functions of CDC
  40. Compensations for agencies under this Constitution
  41. Suspension of legal requirements governing political positions
  42. National Council for Peace and Order (NCPO): composition, authority
  43. NCPO: authority pending formation of NLA and COM
  44. NCPO: special power
  45. Constitutional Court
  46. Amendment to this Constitution
  47. NCPO: legalisation
  48. NCPO: amnesty

Seal of the Royal Command
Seal of the Royal Command

Constitution of the Kingdom of Thailand
(Interim),
2557 Buddhist Era[1]


Somdet Phra Paramin Maha Bhumibol Adulyadej
Sayaminthrathirat Borommanat Bophit

Given on the 22nd day of July 2557 Buddhist Era
Being the 69th 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 National Council for Peace and Order,[2] which is made up of parties of military and police officers, has humbly made the following submission to Him: As situations of political conflict had taken place in Bangkok Metropolis and adjoining areas for a long, continuous period to the point that they expanded to almost every region of the Country, people were divided into factions, were lacking in unity, and bore hostile attitude towards each other. At times, violence occurred, and forces and arms of war were employed to harm and hurt each other, [causing] the well-being and subsistence of the people to deviate from normalcy, the development of the economy, politics, and administration to be interrupted, the exercise of the legislative, executive, and judicial powers to be affected, and the enforcement of laws to be in vain. [This was] such a grave crisis that had never been seen before. Although the State had [started to] resolve the problems through legal mechanism and measures, such as by enforcing the laws on maintenance of order under various states of affairs, dissolving the House of Representatives, and organising a general election, [and even though] the factions which were not the rivalling groups, as business organisations from the private sectors, constitutional organisations, political parties, the Armed Forces, and the Senate, had attempted to arrange negotiations for reconciliation, [their efforts] were of no avail and would even bring about new legal and political disputes, resulting in a whirlpool of problems that knows no end. In the meantime, the conflict had developed to a larger degree and tended to become more serious to the extent that riots could happen at any time, which might harm the lives, property, and convenience of innocent people, affect the livelihoods and indebtedness of agriculturists, especially paddy farmers, [disturb] the economic developments of the Country, the prevention of problems from natural disasters, the trust in the state power, and the confidence of foreign investors, and provide more opportunities for the commission of crimes and other acts of unrest, thus likely to eventually shatter the security of the Nation and the faith of the people in the democratic administration with Monarch as Head [of State]. The National Council for Peace and Order thus needed to step in to seize and take control of the administrative power of the Country on the 22nd day of May 2557, and announced the termination of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, except the stipulations in Chapter 2: The Monarch. The guideline designated for resolving the problems is of three stages: the urgent stage would be the exercise of powers for deterring the use of forces and weapons to threaten people, putting an end to fears and misgivings, and mending the problems of the economy, society, and politics and administration which have accumulated for over six months, until they are eased off, so as to prepare for moving into the second stage, in which an interim constitution would be brought into existence, an assembly would be established to discharge legislative duties, and a governmental body would be created to administer the public services of the State, to tackle the critical situations until they return to their normal state, to restore order, the feelings of love and unity, and equity, to remedy the problems of the economy, society, politics, and administration, to bring into being laws which are in urgent need, to establish an assembly for national reform and various organisations for the purpose of initiating reform in the field of politics and other fields, and to draw up a new constitution which would lay down a watertight and suitable political canon, prevent and suppress corruption, and allow the exercise of the state power to be scrutinised in an efficacious, expeditious, and fair manner, before handing over these missions to the representatives of all Thais and a government that are to take up the administration of the public services of the State in the next stage. In executing the said activities, importance would be given to the fundamental principles rather than to the mere methods of democracy, for which reason it requires time to create an atmosphere of order and reconciliation for the purpose of bringing the long lost happiness back to the people, and to reform some laws and rules which have been triggers of the conflict, which are unclear, which provide no way out in the time of crisis, or which are devoid of efficiency or equity, in order that they be in line with the nature of the problems and the requirements of the people in the Nation. The time to be so taken would not be so long as that which would be wasted had the situations been left at the mercy of fate; therefore, 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 new constitution, which is to be prepared in accordance with the provisions of this Constitution:

Section1.Thailand is one and whole kingdom incapable of division.

Section2.Thailand is democratically administered with a Monarch as Head [of State].

The provisions of Chapter 2: The Monarch, of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, which remain in force still by virtue of the Announcement of the National Council for Peace and Order No. 11/2557 dated the 22nd day of May 2557 Buddhist Era, shall continue to be in force as part of this Constitution. And, subject to section 43, paragraph 1, whenever the said provisions refer to the National Assembly or President of the National Assembly, they shall mean the National Legislative Assembly or President of the National Legislative Assembly under this Constitution, as the case may be.

Section3.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.

Section4.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.

Section5.When no provision of this Constitution is applicable to any case, the act in question shall be done or the case in question shall be ruled in line with the custom of the democratic administration of Thailand with Monarch as Head [of State], but the said administrative custom must not be contrary to or inconsistent with this Constitution.

In the case 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, it shall be the National Legislative Assembly that gives a decisive ruling; or when [such] a case takes place outside the purview of the National Legislative Assembly, [then] the National Council for Peace and Order, the Council of Ministers, the Supreme Court of Justice, or the Supreme Administrative Court may apply to the Constitutional Court for a decisive ruling. However, as regards the Supreme Court of Justice and the Supreme Administrative Court, [such an application] shall be made only upon a resolution of the General Assembly of the Supreme Court of Justice or General Assembly of Justices of the Supreme Administrative Court, and only in relation to the trial and adjudication of a case.

Section6.There shall be a National Legislative Assembly composed of Members numbering not more than two hundred and twenty, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth and of the age not lower than forty years, according to the advice presented by the National Council for Peace and Order.

The National Legislative Assembly shall serve as the House of Representatives, Senate, and National Assembly.

Section7.In advising the Monarch to appoint Members of the National Legislative Assembly, regard shall be had to the knowledge, ability, and diversity of persons from all the groups in the public sector, private sector, social sector, academic sector, professional sector, and other sectors which would be of benefit to the performance of duties by the National Legislative Assembly.

Section8.No Member of the National Legislative Assembly shall have the following disqualifications:

(1)holding or having held during the period of three years prior to the day of his appointment as Member of the National Legislative Assembly any position in a political party;

(2)being a Buddhist monk, Buddhist novice, ascetic, or priest;

(3)being a bankrupt or having once been a dishonest bankrupt;

(4)having once been subjected to the revocation of the right to vote;

(5)having once been expelled, dismissed, or discharged from the public service, a state agency, or a state enterprise by cause of corruption in duty or of being deemed to have committed corruption or misconduct;

(6)having once been subjected to a judgment forfeiting the property to the State on grounds of unusual wealth or unusual increase of wealth;

(7)being subjected to the prohibition of holding a political position, or having once been removed from [such a] position;

(8)having once been convicted by a final judgment of an offence against public functions, or an offence against judicial functions, or an offence under a law relating to narcotics, or an offence of hosting gambling or keeping a gambling house under a law relating to gambling;

(9)having once been subjected to a final judgment imposing imprisonment, save where it was for an offence committed through negligence or a petty offence.

No Member of the National Legislative Assembly shall at the same time be a Member of the National Reform Assembly or a Minister.

Section9.The membership of a Member of the National Legislative Assembly terminates upon—

(1)death;

(2)resignation;

(3)lack of a qualification according to section 6, paragraph 1, or presence of a disqualification according to section 8;

(4)removal from the membership by a resolution adopted by the National Legislative Assembly according to section 12;

(5)failure to present himself for the passage of a resolution at a meeting of the National Legislative Assembly in excess of the times designated in the meeting regulations.

In the case that there is a problem relating to the termination of the membership of a Member of the National Legislative Assembly according to paragraph 1, it shall be the National Legislative Assembly that gives a ruling.

Section10.The Monarch appoints [from amongst] the Members of the National Legislative Assembly one as President of the National Legislative Assembly and not more than two as Vice Presidents of the National Legislative Assembly, according to a resolution of the National Legislative Assembly.

The Head of the National Council for Peace and Order shall countersign the appointment of Members of the National Legislative Assembly and the President and Vice Presidents of the National Legislative Assembly.

Section11.The Members of the National Legislative Assembly do represent all the Thais. They must devote themselves to the faithful and honest performance of duties for the common benefit of all the Thais.

Section12.When 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-five have the right to file a request with the President of the National Legislative Assembly for allowing the National Legislative Assembly to pass a resolution removing him from his membership.

The resolution of the National Legislative Assembly according to paragraph 1 must obtain a vote of not less than two thirds of the total number of the Members.

Section13.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 of acts and organic acts, 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.

Section14.The Monarch enacts acts by and with the advice and consent of the National Legislative Assembly.

Bills shall only be introduced by Members of the National Legislative Assembly numbering not less than twenty-five jointly, or the Council of Ministers, or the National Reform Assembly in accordance with section 31, paragraph 2. However, money bills shall only be introduced by the Council of Ministers.

A money bill according to paragraph 2 refers to a bill which relates to the establishment, repeal, reduction, alteration, modification, remission, or regulation of a tax or duty; [or] the appropriation, receipt, custody, or spending of state money; or the transfer of an expenditure budget of the State; [or] the raising, guarantee, or repayment of a loan; or the execution of an activity which binds the property of the State; or currency.

In the case of doubt as to whether or not a bill introduced to the National Legislative Assembly is a money bill, it shall be the President of the National Legislative Assembly who gives a ruling.

A bill introduced by Members of the National Legislative Assembly or National Reform Assembly may, before the National Legislative Assembly adopts its principle, be taken by the Council of Ministers for its consideration first.

An organic act shall be enacted in accordance with the procedure provided in this section, but the bill of the organic act shall be introduced by the Council of Ministers or the person in charge of the execution of such organic act.

Section15.The bill of an act or organic act which has been approved by the National Legislative Assembly shall be brought and presented to [the Monarch] by the Prime Minister within twenty days counted from the day of his receipt of the bill of the act or organic act from the National Legislative Assembly, so that the Monarch would sign it, and once it has been published in the Royal Gazette, it shall become applicable as a law.

As regards the bill of any act or organic act which the Monarch has disapproved and given back to the National Legislative Assembly, or which He still has not given back despite ninety days having elapsed, the National Legislative Assembly must discuss the bill of the act or organic act anew. If the National Legislative Assembly, by a vote of not less than two thirds of the total number of the existing Members, resolves to reaffirm it, the Prime Minister shall bring and present it to [the Monarch] once again. When the Monarch fails to sign it and give it back within thirty days, the Prime Minister shall cause the act or organic act to be published in the Royal Gazette in order to promulgate it as a law as if it has already been signed by the Monarch.

Section16.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. In this case, the National Legislative Assembly may enact a regulation designating a quorum different from that which is provided in section 13, paragraph 1.

When there is an important problem, Members of the National Legislative Assembly numbering not less than one half of the total number of the Members 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.

Section17.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 notify the President of the National Legislative Assembly thereof in order to open a general debate at a meeting of the National Legislative Assembly, but the National Legislative Assembly shall not pass a resolution upon the problem debated.

Section18.At meetings of the National Legislative Assembly, it is an absolute privilege for any Member 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 according to 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 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.

Section19.The Monarch appoints one Prime Minister in accordance with a resolution of the National Legislative Assembly 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, to implement the reform in various fields, and to promote unity and harmony amongst the people in the Nation.

Prior to assuming duties, a Minister must, in the presence of the Monarch, take an oath of allegiance in the following formula: "I, (name of the oath taker), hereby take an oath of allegiance, declaring that I will be loyal to the Monarch and will perform my duties faithfully and honestly for the benefit of the Country and the people, and will also preserve and observe the Constitution of the Kingdom of Thailand in every respect."

The Monarch wields the prerogative to remove the Prime Minister from his position in accordance with the advice presented by the President of the National Legislative Assembly upon a resolution passed by the National Legislative Assembly following a proposal of the National Council for Peace and Order, and to remove a Minister from his position in accordance with the advice presented by the Prime Minister.

In appointing a Prime Minister and removing the Prime Minister from his position, the President of the National Legislative Assembly shall give a countersignature.

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, and the privilege under section 18 shall also apply mutatis mutandis to the giving of explanations or expression of opinions by the Prime Minister and the Ministers in accordance with this section.

Section20.The Prime Minister and Ministers must be qualified and not be disqualified as follows:

(1)being of the Thai nationality by birth;

(2)being of the age not lower than forty years;

(3)having graduated with a degree not lower than a bachelor's one or an equivalent;

(4)not being or having been during the period of three years prior to the day of appointment a member of a political party, and not being disqualified according to section 8;

(5)not being a Member of the National Legislative Assembly, Member of the National Reform Assembly, Member of the Constitution Drafting Committee, or member of a local assembly, or a local executive;

(6)not being a Justice of the Constitutional Court, a judge or justice, a public prosecutor, a Member of the Election Commission, an Ombudsman, a Member of the National Anti-Corruption Commission, a Member of the State Audit Commission, the Auditor-General, or a Member of the National Human Rights Commission.

The ministership of the Prime Minister or Minister terminates upon lack of a qualification or presence of a disqualification according to paragraph 1, or upon occurrence of the case under section 9(1) or (2).

Section21.When there occurs a case of emergency in which it is urgently necessary to maintain security of the Kingdom, public safety, or economic security of the Country, or to avert 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 said emergency decree lapses.

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.

Section22.The Monarch wields the prerogative to enact royal decrees which are not contrary to the law, the prerogative to grant pardon, and other prerogatives according to the custom of the democratic administration of Thailand with Monarch as Head [of State].

Section23.The Monarch wields the prerogative to conclude written agreements of peace, agreements for pacification of war, and other agreements with foreign countries or international organisations.

Any written agreement which provides for a change in the territory of Thailand or an extraterritorial area over which Thailand has a sovereign right or has jurisdiction in accordance with a written agreement or international law, or which requires the issuance of an act for its implementation, or which extensively affects the economic or social security of the Country, must obtain approval of the National Legislative Assembly. In this respect, the National Legislative Assembly must finish its consideration within sixty days counted from the day of its receipt of the matter.

A written agreement which extensively affects the economic or social security of the Country according to paragraph 2 refers to a written agreement which relates to free trade, a customs union, or the granting of the use of a natural resource, or which causes the Country to lose a right over a natural resource entirely or partially, or [which relates to] other matters as provided by the law.

When there is a problem as to whether or not any written agreement gives rise to a case according to paragraph 2 or paragraph 3, the Council of Ministers may apply to the Constitutional Court for a ruling. In this respect, the Constitutional Court shall finish its ruling within thirty days counted from the day of its receipt of the application.

Section24.The Monarch appoints military and civil public servants to the positions of permanent secretaries, directors general, and equivalents, [and appoints] judges and justices, holders of positions in the constitutional organisations according to the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, and other public servants, provided that this be governed by the law. In addition, He removes them from their positions, save where they vacate the positions by reason of death.

Section25.All legal provisions, royal rescripts, and royal commands of any kind, which relate to the public services of the State, must be countersigned by a Minister, save where this Constitution provides otherwise.

Section26.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 Constitution and law.

Section27.There shall be a National Reform Assembly having the duty to conduct studies and make recommendations so as to bring about the reform in the following fields:

(1)politics;

(2)administration of public services of the State;

(3)law and justice;

(4)local administration;

(5)education;

(6)economy;

(7)energy;

(8)public health and environment;

(9)mass media;

(10)society;

(11)others;

of which the purposes are to make the democratic administration with Monarch as Head [of State] suitable with the nature of the Thai society, to have an honest and fair system of election, to have an efficient mechanism for prevention and elimination of corruption and misconduct, to eliminate disparity and bring about economic and social fairness for sustainable development, to allow the mechanism of the State to provide services to the people in a comprehensive, convenient, and expeditious manner, and to enable the strict and fair enforcement of the law.

Section28.The National Reform Assembly shall be 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, according to the advice presented by the National Council for Peace and Order.

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

The Head of the National Council for Peace and Order shall countersign the appointment of Members of the National Reform Assembly and the President and Vice Presidents of the National Reform Assembly.

Section29.A Member of the National Reform Assembly must not have the disqualifications under section 8(2), (3), (4), (5), (6), (7), (8), and (9), and the stipulations of section 9 shall apply mutatis mutandis to the termination of the membership of a Member of the National Reform Assembly, but the giving of a ruling according to section 9, paragraph 2, shall become the power of the National Reform Assembly.

Section30.The National Council for Peace and Order shall select the persons appropriate to be appointed as Members of the National Reform Assembly, according to the following criteria:

(1)there shall be commissions for recruitment of persons in the fields provided in section 27, one commission for each field, and there shall be, in each province, a provincial recruitment commission for recruitment of persons domiciled in that province;

(2)the National Council for Peace and Order shall establish the commission for recruitment of persons in each field from the competent persons whose knowledge and experience are accepted by the persons in such field;

(3)the recruitment commissions shall recruit the persons who are qualified according to section 28, are not disqualified according to section 29, and have recognised knowledge and ability in each field, and shall prepare a list of their names and introduce it to the National Council for Peace and Order, in respect of which no [member of a] recruitment commission may introduce his own name;

(4)in recruiting persons according to (3), regard shall be had to the diversity of persons from all the groups in the public sector, private sector, social sector, academic sector, professional sector, and other sectors which would be of use to the performance of duties by the National Reform Assembly; the distribution [of persons] according to provinces; the opportunities and sexual equality; and disadvantages of people;

(5)the provincial recruitment commissions shall be composed of such persons as designated in a royal decree;

(6)the National Council for Peace and Order shall select from the name list introduced by the recruitment commissions under (1) not more than two hundred and fifty persons found appropriate to be appointed as Members of the National Reform Assembly, of whom a number shall be selected from amongst the persons introduced by the provincial recruitment commissions, one per each province.

The number of the members of each recruitment commission, the procedure for the recruitment, the time limit governing the recruitment, the number of the persons needed to be recruited, and other necessary affairs shall be as designated in a royal decree.

Section31.The National Reform Assembly shall have the following powers and duties:

(1)to study, analyse, and prepare guidelines and recommendations for the reform in the various fields under section 27, and introduce them to the National Legislative Assembly, the Council of Ministers, the National Council for Peace and Order, and relevant agencies;

(2)to introduce opinions or recommendations to the Constitution Drafting Committee for the benefit of the preparation of a draft constitution;

(3)to consider and approve the draft constitution prepared by the Constitution Drafting Committee.

In executing (1), if finding that an act or organic act is required to be enacted and put into application for any case, the National Reform Assembly shall prepare a bill of such an act and introduce it to the National Legislative Assembly for further consideration. In the case that it is a money bill or organic act bill, it shall be prepared and introduced to the Council of Ministers for further proceedings.

The National Reform Assembly shall introduce the opinions or recommendations according to (2) to the Constitution Drafting Committee within sixty days counted from the day the first meeting of the National Reform Assembly is held.

The stipulations of section 13 and section 18 shall also apply mutatis mutandis to the performance of duties by the National Reform Assembly.

Section32.There shall be set up a Constitution Drafting Committee for preparing a draft constitution, composed of thirty-six members appointed by the President of the National Reform Assembly from the following persons:

(1)the President of the Committee as introduced by the National Council for Peace and Order;

(2)the persons introduced by the National Reform Assembly, numbering twenty;

(3)the persons introduced by the National Legislative Assembly, the Council of Ministers, and the National Council for Peace and Order, five per each agency.

The appointment of [the Members of] the Constitution Drafting Committee according to paragraph 1 must be finished within fifteen days counted from the day the first meeting of the National Reform Council is convened.

In the case that a Member of the Constitution Drafting Committee vacates his position for any reason, the remaining [Members of the] Constitution Drafting Committee shall continue to perform the duties and the Constitution Drafting Committee shall be deemed composed of the remaining Members, but the President of the National Reform Assembly shall, within fifteen days counted from the day the Member of the Constitution Drafting Committee vacates his position, appoint a Member of the Constitution Drafting Committee to fill the vacant position according to the criteria designated in paragraph 1.

The stipulations of section 18 shall also apply mutatis mutandis to the performance of duties by the Constitution Drafting Committee.

Section33.The Members of the Constitution Drafting Committee must be of the Thai nationality by birth, must be of the age not lower than forty years, and must not have the following disqualifications:

(1)being a holder of a political position, save a holder of a position in the National Council for Peace and Order, a Member of the National Legislative Assembly, or a Member of the National Reform Assembly;

(2)being or having been during the period of three years before the day of appointment a member of or a holder of any position in a political party;

(3)having a disqualification according to section 29;

(4)being a judge or justice or a holder of a position in a constitutional organisation under the Constitution of the Kingdom of Thailand, 2550 Buddhist Era.

For the purpose of eliminating [conflicts of] interest, no Member of the Constitution Drafting Committee shall hold a political position during two years counted from the day he vacates his position of Member of the Constitution Drafting Committee.

Section34.The Constitution Drafting Committee shall finish preparing a draft constitution within one hundred and twenty days counted from the day it receives the opinions or recommendations from the National Reform Assembly according to section 31(2), and shall then introduce [the draft] to the National Reform Assembly for consideration.

In preparing the draft constitution, the Constitution Drafting Committee shall also take into consideration the opinions or recommendations from the National Reform Assembly according to section 31(2), the opinions of the National Legislative Assembly, the Council of Ministers, and the National Council for Peace and Order, and the opinions of the people and relevant agencies.

Section35.The Constitution Drafting Committee must prepare a draft constitution which also covers the following:

(1)the recognition of the Kingdom as being one and whole and being incapable of division;

(2)the adoption of a democratic administration with Monarch as Head [of State], which is suitable with the nature of the Thai society;

(3)an efficient mechanism to prevent, scrutinise, and eliminate corruption and misconduct in both the public sector and the private sector, as well as a mechanism to curb and control the exercise of the state power so that it be for the common benefit of the Nation and the people;

(4)an efficient mechanism to completely prevent and scrutinise the entry into a political position by a person who has been convicted by a lawful judgment or order of corruption or misconduct or of an act which rendered an election dishonest or unfair;

(5)an efficient mechanism to allow state authorities, especially holders of political positions and political parties, to perform their duties or execute their activities in an independent manner, free from unlawful influence or direction of any person or body of persons;

(6)an efficient mechanism to strengthen the rule of law and strengthen moral virtues, ethics, and good governance in every sector and at every level;

(7)an efficient mechanism to reconstruct and propel the economic and social systems with a view to bringing about sustainable fairness and preventing the public services of the State from being administered in a manner seeking to build political popularity which may cause long-term injury to the economic system of the Country and the people;

(8)an efficient mechanism to allow the cost-effective spending of state money in response to the common benefit of the people and in compliance with the financial and fiscal conditions of the Country, and an efficient mechanism to scrutinise and disclose the spending of state money;

(9)an efficient mechanism to prevent the destroying of important principles to be laid down by the constitution;

(10)a mechanism to perfectly push forwards the reform of important matters.

The Constitution Drafting Committee shall consider the necessity and cost-effectiveness of keeping in existence constitutional organisations or organisations established by virtue of constitutional powers. In the case that it is necessary to keep [any organisation] in existence, [the Committee] shall consider measures for enabling such organisation to operate in an efficient and effective manner also.

Section36.The Constitution Drafting Committee shall introduce the finished draft constitution to the President of the National Reform Assembly, and the President of the National Reform Assembly shall arrange for meetings of the National Reform Assembly at which the consideration and making of recommendations or giving of opinions [on the draft] shall be finished within ten days counted from the day of receipt of the draft constitution.

Members of the National Reform Assembly may apply for amending the draft constitution within thirty days counted from the day the National Reform Assembly finishes the consideration according to paragraph 1. An amendment application of a Member of the National Reform Assembly must be countersigned by not less than one tenth of the number of the Members of the National Reform Assembly, and a Member of the National Reform Assembly who has filed an application or countersigned an application of another Member can no longer file another application or countersign an application of another Member.

The Constitution Drafting Committee shall also send the draft constitution to the Council of Ministers and the National Council for Peace and Order. And the Council of Ministers or the National Council for Peace and Order may introduce its opinions [thereon] or apply for amendment [thereof] within thirty days counted from the day of its receipt of the draft constitution.

Amendment applications shall be filed with the President of the Constitution Drafting Committee.

Section37.The Constitution Drafting Committee shall finish considering the amendment applications within sixty days counted 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.

Once the Constitution Drafting Committee has amended the draft constitution according to paragraph 1, it shall introduce the draft constitution to the National Reform Assembly for consideration of and giving of approval or disapproval to that draft constitution in its entirety, in respect of which the National Reform Assembly must adopt a resolution within fifteen days counted from the day of its receipt of the draft constitution from the Constitution Drafting Committee. However, the National Reform Assembly shall make no amendment to the contents of the draft constitution, save where it is for immaterial errors and is approved by the Constitution Drafting Committee, or where the Constitution Drafting Committee finds that the amendment is necessary for enhancement of perfection.

Once the National Reform Assembly has resolved to approve the draft constitution according to paragraph 2, the President of the National Reform Assembly shall bring and present the draft constitution to [the Monarch] within thirty days counted from the day the National Reform Assembly adopted the resolution, and once [the Monarch] has signed it, it shall be published in the Royal Gazette and become applicable, provided it be countersigned by the President of the National Reform Assembly.

In the case that the Monarch disapproves the draft constitution and gives it back, or when He fails to give it back within a limit of ninety days, the draft constitution shall lapse.

Section38.In the case that the National Reform Assembly fails to finish considering the draft constitution within the time designated, or it disapproves the draft constitution, or the draft constitution lapses according to section 37, the National Reform Assembly and the Constitution Drafting Committee shall terminate, and proceedings shall be executed to establish new National Reform Assembly and Constitutional Drafting Committee to execute the powers and duties as provided in this Constitution instead.

In the case that the Constitution Drafting Committee fails to finish drawing up a draft constitution within the period of time designated by section 34, the Constitution Drafting Committee shall terminate and proceedings shall be executed to establish a new Constitution Drafting Committee within fifteen days counted from the day of termination of the Constitution Drafting Committee.

The President of the National Reform Assembly, Vice Presidents of the National Reform Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee in the set that has terminated according to paragraph 1 or paragraph 2 shall not become the President of the National Reform Assembly, Vice Presidents of the National Reform Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee in the new set, as the case may be.

Section39.After the preparation of a draft constitution is finished, the National Reform Assembly and the Constitution Drafting Committee shall continue to perform their duties for the purpose of bringing into existence drafts of organic laws or other laws as necessary. However, once the new constitution has been promulgated, the performance of duties by the National Reform Assembly and Constitution Drafting Committee shall be in accordance the constitution so promulgated.

Section40.Monthly salaries, positional allowances, and other remunerative benefits of the President and Vice Presidents of the National Legislative Assembly, President and Vice Presidents of the National Reform Assembly, holders of positions in the National Council for Peace and Order, Members of the National Legislative Assembly, Members of the National Reform Assembly, and Members of the Constitution Drafting Committee shall be as designated by a royal decree.

Section41.In the case that any provision of law designates a qualification or disqualification for the holding of a political position, such provision of law shall not apply to the persons appointed as holders of positions in the National Council for Peace and Order, Members of the National Legislative Assembly, Members of the National Reform Assembly, the Members of the Constitution Drafting Committees, the political public servants according to the law on rules for political public servants, and the parliamentary public servants in politics according to the law on rules for parliamentary public servants.

Section42.The National Council for Peace and Order under the Announcement of the National Council for Peace and Order No. 6/2557 dated the 22th day of May 2557 Buddhist Era shall continue to be the National Council for Peace and Order and have the powers and duties to perform such acts as provided in this Constitution.

In the case that it is necessary for the purpose of the performance of duties, the Head of the National Council for Peace and Order may change or add holders of any positions in the National Council for Peace and Order. However, in the case of addition, [the Members,] when totalled up together, must not exceed fifteen. And [the Head] may require any agency he finds appropriate to serve as a secretariat for the National Council for Peace and Order.

In the case that the National Council for Peace and Order finds that the Council of Ministers should execute any power or duty as designated in section 19, the National Council for Peace and Order shall notify the Council of Ministers thereof so that it would further execute the power or duty.

In the case that it is found appropriate, the Head of the National Council for Peace and Order or the Prime Minister may request a joint meeting of the National Council for Peace and Order and the Council of Ministers to together consider or resolve any problem relating to the maintenance of national order or security, as well as to consult or confer on any other matter from time to time.

Section43.Whilst there is no National Legislative Assembly yet, if a law provides that the execution of any act requires approval or acknowledgement of the House of Representatives, Senate, or National Assembly, it shall become the power of the Head of the National Council for Peace and Order to give approval or acknowledgment instead of the House of Representatives, Senate, or National Assembly.

Before the Council of Ministers under this Constitution assumes duties, all the powers and duties of the Prime Minister and Council of Ministers shall become the powers and duties of the Head of the National Council for Peace and Order.

Section44.In the case that the Head of the National Council for Peace and Order finds it necessary for the purpose of the reform in various fields, the promotion of unity and harmony amongst the people in the Nation, or the prevention, repression, or suppression of an act of subverting national order or security, the royal throne, the economy of the Country, or the public services of the State, whether it occurs inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the power to, with the approval of the National Council for Peace and Order, order, repress, restrain, or perform any act, whether it would produce legislative, executive, or judicial effect, and it shall be deemed that the order or act, as well as the observance of the said order, is lawful and constitutional under this Constitutional and is final. However, after it has been done so, a report shall promptly be made to the President of the National Legislative Assembly and the Prime Minister for their acknowledgment.

Section45.Subject to section 5 and section 44, the Constitutional Court shall have the power to consider and rule upon the questions as to whether any laws are contrary to or inconsistent with this Constitution and [the questions] which the organic law on Ombudsmen and the organic law on political parties designate to be [under] the power of the Constitutional Court. However, as regards the Ombudsmen, they shall have the power to make referrals to the Constitutional Court only in the case that they find any provisions of law attacked by questions of constitutionality according to this Constitution.

The conduct of consideration and the formation of rulings by the Constitutional Court shall be in accordance with the law thereon. Whilst there is no such a law yet, they shall, only to the extent not contrary to or inconsistent with paragraph 1 or this Constitution, be in accordance with the ordinances of the Constitutional Court on the conduct of consideration and the formation of rulings, which are in force on the day before the day of coming into force of this Constitution.

Section46.In the case that it is found necessary and appropriate, the Council of Ministers and the National Council for Peace and Order may jointly resolve to amend this Constitution by preparing a draft constitution amendment and introducing it to the National Legislative Assembly for approval.

The National Legislative Assembly shall consider and approve or disapprove the draft constitution amendment according to paragraph 1 within fifteen days counted from the day of its receipt of the draft constitution amendment.

In considering [the draft] for the giving of approval, the National Legislative Assembly cannot amend the draft constitution amendment, save where the Council of Ministers and the National Council for Peace and Order approve it.

The resolution of approval must obtain a vote of not less than one half of the total number of the existing Members of the National Legislative Assembly.

Once the National Legislative Assembly has approved the draft constitution amendment, the Prime Minister shall bring and present the draft constitution amendment to [the Monarch] within fifteen days counted from the day the National Legislative Assembly adopted the resolution, so that the Monarch would sign it. And once it has been published in the Royal Gazette, it shall become applicable, provided that it be countersigned by the Prime Minister and that the stipulations of section 37, paragraph 4, apply mutatis mutandis.

Section47.As for all the announcements and orders of the National Council for Peace and Order and the orders of the Head of the National Council for Peace and Order, which were made or given, whether for producing constitutional, legislative, executive, or judicial effect, during [the period from] the 22nd day of May 2557 Buddhist Era to the day of assumption of duties by the Council of Ministers under this Constitution, as well as the acts of observing those announcements or orders, whether done before or after the day of coming into force of this Constitution, those announcements, orders, or acts shall be lawful and constitutional, and be final. In addition, the said announcements or orders which are still in force on the day before the day of coming into force of this Constitution shall continue to be in force until they are amended or repealed by laws, kot, khobangkhap,[3] resolutions of the Council of Ministers, or orders, as the case may be.

In the case that the National Council for Peace and Order gave before the day of coming into force of this Constitution an order directing any person to hold or vacate any of the positions specified in section 24, the Prime Minister shall also notify [the Monarch] thereof in order that He would appoint the person to such position or remove the person from the position.

Section48.As for all the acts which have been done in connection with the seizure and taking control by the Head of the National Council for Peace and Order of the administrative power of the State on the 22th day of May 2557, and the acts of the persons who are in connection with the said acts, or of the persons authorised by the National Council for Peace and Order or its Head, or of the persons who have been ordered by the persons authorised by the National Council for Peace and Order or its Head, which have been done for the aforesaid acts, whether for producing constitutional, legislative, executive, or judicial effect, as well as the infliction of punishments and other acts of administering the public services of the States, 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.

Countersignatory:
General Prayut Chan-o-cha
Head of the National Council for Peace and Order

Notes edit

  1. Thaipublica (2014): This constitution was drafted by a team of jurists from the Royal Thai Army's Office of the Judge Advocate, the Council of State, and the Secretariat-General of the National Council for Peace and Order, with Phonphet Wichitchonlachai, former judge of the Supreme Court of Justice, as its head.
  2. The Thai name of the junta, Khana Raksa Khwamsa-ngop Haeng Chat (Thai: คณะรักษาความสงบแห่งชาติ), literally translates "National Peacekeeping Council". "National Council for Peace and Order" is its official title in English.
  3. Both kot (Thai: กฎ) and khobangkhap (Thai: ข้อบังคับ) have the same meaning and are often translated as "regulations". Their difference is that kot generally refers to regulations made by the Executive, such as kot krasuang (Thai: กฎกระทรวง), or "ministerial regulations", and kot kopho (Thai: กฎ ก.พ.), or "CSC [Civil Service Commission] regulations", whilst khobangkhap commonly refers to those made by the other branches or independent organisations, such as khobangkhap prathan san dika (Thai: ข้อบังคับประธานศาลฎีกา), or "regulations of the President of the Supreme Court of Justice", and khobangkhap ratchabandittayasapha (Thai: ข้อบังคับราชบัณฑิตยสภา), or "Royal Society regulations".

Bibliography edit

Original edit

  • "Ratthathammanun Haeng Ratcha-anachak Thai (Chabap Chua-khrao) Phutthasakkarat Song Phan Ha Roi Hasip Chet" [Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era]. (2014, 22 July). Ratchakitchanubeksa [Royal Gazette], 131(55A), 1–17. (In Thai).

References edit

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