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Constitution of the Kingdom of Thailand 1997 |
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Preamble
May there be virtue. Today is the tenth day of the waxing moon in the eleventh
month of the year of the Ox under the lunar calendar, being Saturday, the eleventh
day of October under the solar calendar, in the 2540th year of the Buddhist
Era.
Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that whereas Constitutions have been promulgated as the principle of the democratic regime of government with the King as Head of the State in Thailand for more than sixty-five years, and there had been annulment and amendment to the Constitutions on several occasions, it is manifest that the Constitution is changeable depending upon the situation in the country. In addition, the Constitution must clearly lay down fundamental rules as the principle of the administration of the State and the guideline for the preparation of the organic laws and other laws in conformity therewith; and whereas the Constitution of the Kingdom of Thailand, B.E. 2534 as amended by the Constitution Amendment (No. 6), B.E. 2539 established the Constituent Assembly, consisting of ninety- nine members elected by the National Assembly, charged with the duty to prepare a draft of a new Constitution as the fundamental of political reform and His Majesty the King graciously granted an audience to members of the Constituent Assembly for taking His Royal speeches and receiving blessings in carrying out this task, and, thereafter, the Constituent Assembly prepared the draft Constitution with the essential substance lying in additionally promoting and protecting rights and liberties of the people, providing for public participation in the governance and inspecting the exercise of State power as well as improving a political structure to achieve more efficiency and stability, having particular regard to public opinions and observing procedures provided in the Constitution of the Kingdom of Thailand, B.E. 2534 as amended by the Constitution Amendment (No. 6), B.E. 2539 (1996) in every respect;
Having carefully considered the Draft Constitution prepared by the Constituent Assembly in the light of the situation of the country, the National Assembly passed a resolution approving the presentation of the draft Constitution to the King for His Royal signature to promulgate it as the Constitution of the Kingdom of Thailand;
Having thoroughly examined the draft Constitution, the King deemed it expedient to grant His Royal assent in accordance with the resolution of the National Assembly;
Be it, therefore, commanded by the King that the Constitution of the Kingdom of Thailand be promulgated to replace, as from the date of its promulgation, the Constitution of the Kingdom of Thailand, B.E. 2534 promulgated on 9th December B.E. 2534.
May the Thai people unite in observing, protecting and upholding the Constitution
of the Kingdom of Thailand in order to maintain the democratic regime of government
and the sovereign power derived from the Thai people, and to bring about happiness,
prosperity, and dignity to His Majesty's subjects throughout the Kingdom according
to the will of His
Majesty in every respect.
Section 1
Thailand is one and indivisible Kingdom.
Section 2
Thailand adopts a democratic regime of government with the King as Head of the State.
Section 3
The sovereign power belongs to the Thai people. The King as Head of the State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.
Section 4
The human dignity, right and liberty of the people shall be protected.
Section 5
The Thai people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution.
Section 6
The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable.
Section 7
Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional practice in the democratic regime of government with the King as Head of the State.
Section 8
The King shall be enthroned in a position of revered worship and shall not be
violated. No person shall expose the King to any sort of accusation or action.
Section 9
The King is a Buddhist and Upholder of religions.
Section 10
The King holds the position of Head of the Thai Armed Forces.
Section 11
The King has the prerogative to create titles and confer decorations.
Section 12
The King selects and appoints qualified persons to be the President of the Privy
Council and not more than eighteen Privy Councillors to constitute the Privy
Council. The Privy Council has a duty to render such advice to the King on all
matters pertaining to His functions as He may consult, and has other duties
as provided in this Constitution.
Section 13
The selection and appointment or the removal of a Privy Councillor shall depend
entirely upon the King's pleasure. The President of the National Assembly shall
countersign the Royal Command appointing or removing the President of the Privy
Council. The President of the Privy council shall countersign the Royal Command
appointing or removing other Privy Councillors.
Section 14
A Privy Councillor shall not be a member of the House of Representatives, senator, Election Commissioner, Ombudsman, member of the National Human Rights Commission, judge of the Constitutional Court, judge of an Administrative Court, member of the National Counter Corruption Commission, member of the State Audit Council, Government official holding a permanent position or receiving a salary, official of a State enterprise, other State official or holder of other position of member or official of a political party, and must not manifest loyalty to any political party.
Section 15
Before taking office, a Privy Councillor shall make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
Section 16
A Privy Councillor vacates office upon death, resignation or removal by a Royal Command.
Section 17
The appointment and removal of officials of the Royal Household and of the Royal Chief Aide-de-Camp shall depend entirely upon the King's pleasure.
Section 18
Whenever the King is absent from the Kingdom or unable to perform His functions
for any reason whatsoever, the King will appoint a person Regent, and the President
of the National Assembly shall countersign the Royal Command therefor.
Section 19
In the case where the King does not appoint a Regent under section 18, or the
King is unable to appoint a Regent owing to His not being sui juris or any other
reason whatsoever, the Privy Council shall submit the name of a person suitable
to hold the office of Regent to the National Assembly for approval. Upon approval
by the National Assembly, the President of National Assembly shall make an announcement,
in the name of the King, to appoint such person as Regent.
During the expiration the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in giving an approval under paragraph one.
Section 20
While there is no Regent under section 18 or section 19, the President of the
Privy Council shall be Regent pro tempore.
In the case where the Regent appointed under section 18 or section 19 is unable to perform his or her duties, the President of the Privy Council shall act as Regent pro tempore.
While being Regent under paragraph one or acting as Regent under paragraph two, the President of the Privy Council shall not perform his or her duties as President of the Privy Council. In such case, the Privy Council shall select a Privy Councillor to act as President of the Privy Council pro tempore.
Section 21
Before taking office, the Regent appointed under section 18 or section 19 shall
make a solemn declaration before the National Assembly in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King (name of the King) and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly under this section.
Section 22
Subject to section 23, the succession to the Throne shall be in accordance with
the Palace Law on Succession, B.E. 2467.
The Amendment of the Palace Law on Succession, B.E. 2467 shall be the prerogative of the King. At the initiative of the King, the Privy Council shall draft the Palace Law Amendment and shall present it to the King for his consideration. When the King has already approved the draft Palace Law Amendment and put His signature thereon, the President of the Privy Council shall notify the President of the National Assembly for informing the National Assembly. The President of the National Assembly shall countersign the Royal Command, and the Palace Law Amendment shall have the force of law upon its publication in the Government Gazette.
During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in acknowledging the matter under paragraph two.
Section 23
In the case where the Throne becomes vacant and the King has already appointed
His Heir to the Throne under the Palace Law on Succession, B.E. 2467, the Council
of Ministers shall notify the President of the National Assembly. The President
of the National Assembly shall convoke the National Assembly for the acknowledgement
thereof, and the President of the National Assembly shall invite such Heir to
ascend the Throne and proclaim such Heir King.
In the case where the Throne becomes vacant and the King has not appointed His Heir under paragraph one, the Privy Council shall submit the name of the Successor to the Throne under section 22 to the Council of Ministers for further submission to the National Assembly for approval. For this purpose, the name of a Princess may be submitted. Upon the approval of the National Assembly, the President of the National Assembly shall invite such Successor to ascend the Throne and proclaim such Successor King.
During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in acknowledging the matter under paragraph one or in giving an approval under paragraph two.
Section 24
Pending the proclamation of the name of the Heir or the Successor to the Throne
under section 23, the President of the Privy Council shall be Regent pro
tempore. In the case where the Throne becomes vacant while the Regent has
been appointed under section 18 or section 19 or while the President of the
Privy Council is acting as Regent under section 20 paragraph one, such Regent,
as the case may be, shall continue to be the Regent until the proclamation of
the name of the Heir or the Successor to ascend the Throne as King.
In the case where the Regent who has been appointed and continues to be the Regent under paragraph one is unable to perform his or her duties, the President of the Privy council shall act as Regent pro tempore.
In the case where the President of the Privy Council is the Regent under paragraph one or acts as Regent pro tempore under paragraph two, the provisions of section 20 paragraph three shall apply.
Section 25
In the case where the Privy Council will have to perform its duties under section
19 or section 23 paragraph two, or the President of the Privy Council will have
to perform his or her duties under section 20 paragraph one or paragraph two
or section 24 paragraph two, and during that time there is no President of the
Privy Council or the President of the Privy Council is unable to perform his
or her duties, the remaining Privy Councillors shall elect one among themselves
to act as President of the Privy Council or to perform the duties under section
20 paragraph one or paragraph two or section 24 paragraph three, as the case
may be.
Chapter III Rights and Liberties of the Thai People
Section 26
In exercising powers of all State authorities, regard shall be had to human dignity, rights and liberties in accordance with the provisions of this Constitution.
Section 27
Rights and liberties recognised by this Constitution expressly, by implication or by decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, Courts and other State organs in enacting, applying and interpreting laws.
Section 28
A person can invoke human dignity or exercise his or her rights and liberties
in so far as it is not in violation of rights and liberties of other persons
or contrary to this Constitution or good morals.
A person whose rights and liberties recognised by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit or to defend himself or herself in the court.
Section 29
The restriction of such rights and liberties as recognised by the Constitution
shall not be imposed on a person except by virtue of provisions of the law specifically
enacted for the purpose determined by this Constitution and only to the extent
of necessity and provided that it shall not affect the essential substances
of such rights and liberties.
The law under paragraph one shall be of general application and shall not be intended to apply to any particular case or person; provided that the provision of the Constitution authorising its enactment shall also be mentioned therein.
The provisions of paragraph one and paragraph two shall apply mutatis mutandis to rules or regulations issued by virtue of the provisions of the law.
Section 30
All persons are equal before the law and shall enjoy equal protection under
the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.
Measures determined by the State in order to eliminate obstacle to or to promote persons' ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination under paragraph three.
Section 31
A person shall enjoy the right and liberty in his or her life and person.
A torture, brutal act, or punishment by a cruel or inhumane means shall not be permitted; provided, however, that punishment by death penalty as provided by law shall not be deemed the punishment by a cruel or inhumane means under this paragraph.
No arrest, detention or search of person or act affecting the right and liberty under paragraph one shall not be made except by virtue of the law.
Section 32
No person shall be inflicted with a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by the law in force at the time of the commission of the offence.
Section 33
The suspect or the accused in a criminal case shall be presumed innocent.
Before the passing of a final judgement convicting a person of having committed an offence, such person shall not be treated as a convict.
Section 34
A person's family rights, dignity, reputation or the right of privacy shall
be protected.
The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public.
Section 35
A person shall enjoy the liberty of dwelling.
A person is protected for his or her peaceful habitation in and for possession of his or her dwelling place. The entry into a dwelling place without consent of its possessor or the search thereof shall not be made except by virtue of the law.
Section 36
A person shall enjoy the liberty of travelling and the liberty of making the
choice of his or her residence within the Kingdom.
The restriction on such liberties under paragraph one shall not be imposed except by virtue of the law specifically enacted for maintaining the security of the State, public order, public welfare, town and country planing or welfare of the youth.
No person of Thai nationality shall be deported or prohibited from entering the Kingdom.
Section 37
A person shall enjoy the liberty of communication by lawful means.
The censorship, detention or disclosure of communication between persons including any other act disclosing a statement in the communication between persons shall not be made except by virtue of the provisions of the law specifically enacted for security of the State or maintaining public order or good morals.
Section 38
A person shall enjoy full liberty to profess a religion, a religious sect or
creed, and observe religious precepts or exercise a form of worship in accordance
with his or her belief; provided that it is not contrary to his or her civic
duties, public order or good morals.
In exercising the liberty referred to in paragraph one, a person is protected from any act of the State, which is derogatory to his or her rights or detrimental to his or her due benefits on the grounds of professing a religion, a religious sect or creed or observing religious precepts or exercising a form of worship in accordance with his or her different belief from that of others.
Section 39
A person shall enjoy the liberty to express his or her opinion, make speeches,
write, print, publicise, and make expression by other means.
The restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.
The closure of a pressing house or a radio or television station in deprivation of the liberty under this section shall not be made.
The censorship by a competent official of news or articles before their publication in a newspaper, printed matter or radio or television broadcasting shall not be made except during the time when the country is in a state of war or armed conflict; provided that it must be made by virtue of the law enacted under the provisions of paragraph two.
The owner of a newspaper or other mass media business shall be a Thai national as provided by law.
No grant of money or other properties shall be made by the State as subsidies to private newspapers or other mass media.
Section 40
Transmission frequencies for radio or television broadcasting and radio telecommunication
are national communication resources for public interest.
There shall be an independent regulatory body having the duty to distribute the frequencies under paragraph one and supervise radio or television broadcasting and telecommunication businesses as provided by law.
In carrying out the act under paragraph two, regard shall be had to utmost public benefit at national and local levels in education, culture, State security, and other public interests including fair and free competition.
Section 41
Officials or employees in a private sector undertaking newspaper or radio or
television broadcasting businesses shall enjoy their liberties to present news
and express their opinions under the constitutional restrictions without the
mandate of any State agency, State enterprise or the owner of such businesses;
provided that it is not contrary to their professional ethics.
Government officials, officials or employees of a State agency or State enterprise engaging in the radio or television broadcasting business enjoy the same liberties as those enjoyed by officials or employees under paragraph one.
Section 42
A person shall enjoy an academic freedom.
Education, training, learning, teaching, researching and disseminating such research according to academic principles shall be protected; provided that it is not contrary to his or her civic duties or good morals.
Section 43
A person shall enjoy an equal right to receive the fundamental education for
the duration of not less than twelve years which shall be provided by the State
thoroughly, up to the quality, and without charge.
In providing education by the State, regard shall be had to participation of local government organisations and the private sector as provided by law.
The provision of education by professional organisations and the private sector under the supervision of the State shall be protected as provided by law.
Section 44
A person shall enjoy the liberty to assemble peacefully and without arms.
The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining public order during the time when the country is in a state of war, or when a state of emergency or martial law is declared.
Section 45
A person shall enjoy the liberty to unite and form an association, a union,
league, co-operative, farmer group, private organisation or any other group.
The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for protecting the common interest of the public, maintaining public order or good morals or preventing economic monopoly.
Section 46
Persons so assembling as to be a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources and the environment in a balanced fashion and persistently as provided by law.
Section 47
A person shall enjoy the liberty to unite and form a political party for the
purpose of making political will of the people and carrying out political activities
in fulfilment of such will through the democratic regime of government with
the King as Head of the State as provided in this Constitution.
The internal organisation, management and regulations of a political party shall be consistent with fundamental principles of the democratic regime of government with the King as Head of the State.
Members of the House of Representatives who are members of a political party, members of the Executive Committee of a political party, or members of a political party, of not less than the number prescribed by the organic law on political parties shall, if of the opinion that their political party's resolution or regulation on any matter is contrary to the status and performance of duties of a member of the House of Representatives under this Constitution or contrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, have the right to refer it to the Constitutional Court for decision thereon.
In the case where the Constitutional Court decides that such resolution or regulation is contrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, such resolution or regulation shall lapse.
Section 48
The property right of a person is protected. The extent and the restriction
of such right shall be in accordance with the provisions of the law.
The succession is protected. The right of succession of a person shall be in accordance with the provisions of the law.
Section 49
The expropriation of immovable property shall not be made except by virtue of
the law specifically enacted for the purpose of public utilities, necessary
national defence, exploitation of national resources, town and country planning,
promotion and preservation of the quality of the environment, agricultural or
industrial development, land reform, or other public interests, and fair compensation
shall be paid in due time to the owner thereof as well as to all persons having
the rights thereto, who suffer loss by such expropriation, as provided by law.
The amount of compensation under paragraph one shall be fairly assessed with due regard to the normal purchase price, mode of acquisition, nature and situation of the immovable property, and loss of the person whose property or right thereto is expropriated.
The law on expropriation of immovable property shall specify the purpose of the expropriation and shall clearly determine the period of time to fulfil that purpose. If the immovable property is not used to fulfil such purpose within such period of time, it shall be returned to the original owner or his or her heir.
The return of immovable property to the original owner or his or her heir under paragraph three and the claim of compensation paid shall be in accordance with the provisions of the law.
Section 50
A person shall enjoy the liberties to engage in an enterprise or an occupation
and to undertake a fair and free competition.
The restriction on such liberties under paragraph one shall not be imposed except by virtue of the law specifically enacted for maintaining the security and safety of the State or economy of the country, protecting the public in regard to public utilities, maintaining public order and good morals, regulating the engagement in an occupation, consumer protection, town and country planning, preserving natural resources or the environment, public welfare, preventing monopoly, or eliminating unfair competition.
Section 51
Forced labour shall not be imposed except by virtue of the law specifically enacted for the purpose of averting imminent public calamity or by virtue of the law which provides for its imposition during the time when the country is in a state of war or armed conflict, or when a state of emergency or martial law is declared.
Section 52
A person shall enjoy an equal right to receive standard public health service,
and the indigent shall have the right to receive free medical treatment from
public health centres of the State, as provided by law.
The public health service by the State shall be provided thoroughly and efficiently and, for this purpose, participation by local government organisations and the private sector shall also be promoted insofar as it is possible.
The State shall prevent and eradicate harmful contagious diseases for the public without charge, as provided by law.
Section 53
Children, youth and family members shall have the right to be protected by the
State against violence and unfair treatment.
Children and youth with no guardian shall have the right to receive care and education from the State, as provided by law.
Section 54
A person who is over sixty years of age and has insufficient income shall have the right to receive aids from the State, as provided by law.
Section 55
The disabled or handicapped shall have the right to receive public conveniences and other aids from the State, as provided by law.
Section 56
The right of a person to give to the State and communities participation in
the preservation and exploitation of natural resources and biological diversity
and in the protection, promotion and preservation of the quality of the environment
for usual and consistent survival in the environment which is not hazardous
to his or her health and sanitary c ondition, welfare or quality of life, shall
be protected, as provided by law.
Any project or activity which may seriously affect the quality of the environment shall not be permitted, unless its impacts on the quality of the environment have been studied and evaluated and opinions of an independent organisation, consisting of representatives from private environmental organisations and from higher education institutions providing studies in the environmental field, have been obtained prior to the operation of such project or activity, as provided by law.
The right of a person to sue a State agency, State enterprise, local government organisation or other State authority to perform the duties as provided by law under paragraph one and paragraph two shall be protected.
Section 57
The right of a person as a consumer shall be protected as provided by law.
The law under paragraph one shall provide for an independent organisation consisting of representatives of consumers for giving opinions on the enactment and issuance of law, rules and regulations and on the determination of various measures for consumer protection.
Section 58
A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organisation, unless the disclosure of such information shall affect the security of the State, public safety or interests of other persons which shall be protected as provided by law.
Section 59
A person shall have the right to receive information, explanation and reason from a State agency, State enterprise or local government organisation before permission is given for the operation of any project or activity which may affect the quality of the environment, health and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinions on such matters in accordance with the public hearing procedure, as provided by law.
Section 60
A person shall have the right to participate in the decision-making process of State officials in the performance of administrative functions which affect or may affect his or her rights and liberties, as provided by law.
Section 61
A person shall have the right to present a petition and to be informed of the result of its consideration within the appropriate time, as provided by law.
Section 62
The right of a person to sue a State agency, State enterprise, local government organisation or other State authority which is a juristic person to be liable for an act or omission done by its Government official, official or employee shall be protected, as provided by law.
Section 63
No person shall exercise the rights and liberties prescribed in the Constitution
to overthrow the democratic regime of government with the King as Head of the
State under this Constitution or to acquire the power to rule the country by
any means which is not in accordance with the modes provided in this Constitution.
In the case where a person or a political party has committed the act under
paragraph one, the person knowing of such act
shall have the right to request the Prosecutor General to investigate its facts
and submit a motion to the Constitutional Court for ordering cessation of such
act without, however, prejudice to the institution of a criminal action against
such person.
In the case where the Constitutional Court makes a decision compelling the political party to cease to commit the act under paragraph two, the Constitutional Court may order the dissolution of such political party.
Section 64
Members of the armed forces or the police force, Government officials, officials or employees of State agencies, State enterprises or local government organisations shall enjoy the same rights and liberties under the Constitution as those enjoyed by other persons, unless such enjoyment is restricted by law, by-law or regulation issued by virtue of the law specifically enacted in regard to politics, efficiency, disciplines or ethics.
Section 65
A person shall have the right to resist peacefully any act committed for the acquisition of the power to rule the country by a means which is not in accordance with the modes provided in this Constitution.
Chapter IV Duties of the Thai People
Section 66
Every person shall have a duty to uphold the Nation, religions, the King and the democratic regime of government with the King as Head of the State under this Constitution.
Section 67
Every person shall have a duty to obey the law.
Section 68
Every person shall have a duty to exercise his or her right to vote at an election.
The person who fails to attend an election for voting without notifying the appropriate cause of such failure shall lose his or her right to vote as provided by law.
The notification of the cause of failure to attend an election and the provision of facilities for attendance thereat shall be in accordance with the provisions of the law.
Section 69
Every person shall have a duty to defend the country, serve in armed forces, pay taxes and duties, render assistance to the official service, receive education and training, protect and pass on to conserve and the national arts and culture and local knowledge and conserve natural resources and the environment, as provided by law.
Section 70
A Government official, official or employee of a State agency, State enterprise
or local government organisation and other State official shall have a duty
to act in compliance with the law in order to protect public interests, and
provide convenience and services to the public.
In performing the duty and other acts relating to the public, the persons under paragraph one shall be politically impartial.
In the case where the persons under paragraph one neglect or fail to perform the duties under paragraph one or paragraph two, the interested person shall have the right to request the persons under paragraph one or their superiors to explain reasons and request them to act in compliance with the provisions of paragraph one or paragraph two.
Chapter V Directive Principles of Fundamental State Policies
Section 71
The State shall protect and uphold the institution of kingship and the independence and integrity of its territories.
Section 72
The State shall arrange for the maintenance of the armed forces for the protection and upholding of its independence, security of the State, institution of kingship, national interests and the democratic regime of government with the King as Head of the State, and for national development.
Section 73
The State shall patronise and protect Buddhism and other religions, promote good understanding and harmony among followers of all religions as well as encourage the application of religious principles to create virtue and develop the quality of life.
Section 74
The State shall promote friendly relations with other countries and adopt the principle of non-discrimination.
Section 75
The State shall ensure the compliance with the law, protect the rights and liberties
of a person, provide efficient administration of justice and serve justice to
the people expediently and equally and organise an efficient system of public
administration and other State affairs to meet people's demand.
The State shall allocate adequate budgets for the independent administration of the Election Commission, the Ombudsmen, the National Human Rights Commission, the Constitutional Court, the Courts of Justice, the Administrative Courts, the National Counter Corruption Commission and the State Audit Commission. readiness
Section 76
The State shall promote and encourage public participation in laying down policies, making decision on political issues, preparing economic, social and political development plans, and inspecting the exercise of State power at all levels.
Section 77
The State shall prepare a political development plan, moral and ethical standard of holders of political positions, Government officials, officials and other employees of the State in order to prevent corruption and create efficiency of the performance of duties.
Section 78
The State shall decentralise powers to localities for the purpose of independence and self-determination of local affairs, develop local economics, public utilities and facilities systems and information infrastructure in the locality thoroughly and equally throughout the country as well as develop into a large-sized local government organisation a province ready for such purpose, having regard to the will of the people in that province.
Section 79
The State shall promote and encourage public participation in the preservation, maintenance and balanced exploitation of natural resources and biological diversity and in the promotion, maintenance and protection of the quality of the environment in accordance with the persistent development principle as well as the control and elimination of pollution affecting public health, sanitary conditions, welfare and quality of life.
Section 80
The State shall protect and develop children and the youth, promote the equality
between women and men, and create, reinforce and develop family integrity and
the strength of communities.
The State shall provide aids to the elderly, the indigent, the disabled or handicapped and the underprivileged for their good quality of life and ability to depend on themselves.
Section 81
The State shall provide and promote the private sector to provide education to achieve knowledge alongside morality, provide law relating to national education, improve education in harmony with economic and social change, create and strengthen knowledge and instil right awareness with regard to politics and a democratic regime of government with the King as Head of the State, support researches in various sciences, accelerate the development of science and technology for national development, develop the teaching profession, and promote local knowledge and national arts and culture.
Section 82
The State shall thoroughly provide and promote standard and efficient public health service.
Section 83
The State shall implement fair distribution of incomes.
Section 84
The State shall organise the appropriate system of the holding and use of land, provide sufficient water resources for farmers and protect the interests of farmers in the production and marketing of agricultural products to achieve maximum benefits, and promote the assembling of farmers with a view to laying down agricultural plans and protecting their mutual interests.
Section 85
The State shall promote, encourage and protect the co-operatives system.
Section 86
The State shall promote people of working age to obtain employment, protect labour, especially child and woman labour, and provide for the system of labour relations, social security and fair wages.
Section 87
The State shall encourage a free economic system through market force, ensure and supervise fair competition, protect consumers, and prevent direct and indirect monopolies, repeal and refrain from enacting laws and regulations controlling businesses which do not correspond with the economic necessity, and shall not engage in an enterprise in competition with the private sector unless it is necessary for the purpose of maintaining the security of the State, preserving the common interest, or providing public utilities.
Section 88
The provisions of this Chapter are intended to serve as directive principles
for legislating and determining policies for the administration of the State
affairs.
In stating its policies to the National Assembly under section 211, the Council of Ministers which will assume the administration of the State affairs shall clearly state to the National Assembly the activities intended to be carried out for the administration of the State affairs in implementation of the directive principles of fundamental State policies provided in this Chapter and shall prepare and submit to the National Assembly an annual report on the result of the implementation, including problems and obstacles encountered.
Section 89
For the purpose of the implementation of this Chapter, the State shall establish
the National Economic and Social Council to be charged with the duty to give
advice and recommendations to the Council of Ministers on economic and social
problems.
A national economic and social development plan and other plans as provided by law shall obtain opinions of the National Economic and Social Council before they can be adopted and published.
The composition, source, powers and duties and the operation of the National Economic and Social Council shall be in accordance with the provision of law.
Chapter VI The National Assembly
Section 90
The National Assembly consists of the House of Representatives and the Senate.
Joint or separate sittings of the National Assembly shall be in accordance with the provisions of this Constitution.
Section 91
The President of the House of Representatives is President of the National Assembly.
The President of the Senate is Vice- President of the National Assembly.
In the case where there is no President of the House of Representatives, or the President of the House of Representatives is not present or is unable to perform his or her duties, the President of the Senate shall act as President of the National Assembly in his or her place.
The President of the National Assembly shall have the powers and duties as provided in this Constitution and shall conduct the proceedings of the National Assembly at joint sittings in accordance with the rules of procedure.
The President of the National Assembly and the person who acts as President of the National Assembly in his or her place shall be impartial in the performance of duties.
The Vice-President of the National Assembly shall have the powers and duties as provided in this Constitution and as entrusted by the President of the National Assembly.
Section 92
A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly.
Section 93
After a bill or an organic law bill has already been approved by the National Assembly, the Prime Minister shall present it to the King for signature within twenty days as from the date of the receipt of such bill from the National Assembly, and it shall come into force upon its publication in the Government Gazette.
Section 94
If the King refuses His assent to a bill or an organic law bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existing members of both Houses, the Prime Minister shall present such bill to the King for signature once again. If the King does not sign and return the bill within thirty days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had signed it.
Section 95
No person shall be a member of the House Representatives or a senator simultaneously.
Section 96
Members of the House of Representatives or senators of not less than one-tenth
of the total number of the existing members of each House have the right to
lodge with the President of the House of which they are members a complaint
asserting that the membership of any member of such House has terminated under
section 118 (3), (4), (5), (6), (7), (8), (9), (11), or (12) or section 133
(3), (4), (5), (6), (7), (9), or (10), as the case may be, and the President
of the House with whom the complaint is lodged shall refer it to the Constitutional
Court for decision as to whether the membership of such person has terminated.
When the Constitutional Court has made a decision, it shall notify the President of the House with which the complaint is lodged under paragraph one of such decision.
Section 97
The vacation of the office of a member of the House of Representatives or a senator after the day on which his or her membership terminates or the day on which the Constitutional Court decides that the membership of any member terminates does not affect any act done by such member in the capacity as member including the receipt of emolument or other remuneration by such member before he or she vacates office or the President of the House of which such person is a member has been notified of the decision of the Constitutional Court, as the case may be, except that in the case of vacation of office on the ground of his or her being elected in violation of the organic law on the election of members of the House of Representatives and senators, emolument and other remuneration received from being in office shall be returned.
Part 2 The House of Representatives
Section 98
The House of Representatives consists of five hundred members, one hundred of
whom are from the election on a party-list basis under section 99 and four hundred
of whom are from the election on a constituency basis under section 102.
In the case where the office of a member of the House of Representatives becomes vacant for any reason and an election of a member of the House of Representatives has not been held to fill the vacancy, the House of Representatives shall consist of the existing members of the House.
Section 99
In an election of members of the House of Representatives on a party-list basis,
a voter shall have the right to cast ballot from the lists of candidates prepared
by political parties; provided that only one party-list may be voted for and
the territory of Thailand shall be regarded as the whole constituency.
The party-lists of candidates in the election under paragraph one shall be
prepared by political parties. Each party shall prepare one list which shall
contain not more than one hundred persons and be submitted to the Election Commission
before the date an application for candidacy in an election on the constituency
basis commences.
Names of persons in the party-list under paragraph one shall:
1) consist of the names of candidates from equitably various regions;
2) not be repeated by the names in the lists prepared by other political parties
and names of candidates in the election on the constituency basis under section
102 and;
3) be placed in numerical order.
Section 100
The list of any political party receiving votes of less than five percent of
the total number of votes throughout the country shall be regarded as one for
which no person listed therein is elected and such votes shall not be reckoned
in the determination of the proportional number of the members of the House
of Representatives under paragraph two.
The determination of the proportion of votes received by the party- list of each political party according to which the persons whose names are listed therein shall be regarded as being elected in that proportion shall be in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and senators.
It shall be deemed that the candidates whose names are in the list of each political party are elected in respective order of the allocated numbers in the list in accordance with such proportional number of the members of the House of Representatives as determined for that list.
Section 101
Subject to section 119(1), in the case where there occurs, during the term of the House of Representatives, any cause resulting in the members elected from the election on a party-list basis being less than one hundred in number, such members shall consist of the existing members.
Section 102
In the election of members of the House of Representatives on a constituency
basis, the person having the right to vote shall cast ballot for one candidate
in each constituency.
The determination of the ratio of the number of inhabitants to one member shall be made by reference to the division of such number of inhabitants throughout the country as evidenced in the census announced in the year preceding the year of election by the number of four hundred members of the House of Representatives.
The number of members of the House of Representatives of each Changwat [electoral district] shall be determined by the division of the number of inhabitants in that Changwat [electoral district] by such number of inhabitants per one member as determined under paragraph two. Any Changwat [electoral district] with inhabitants below the number of inhabitants per one member under paragraph two shall have one member of the House of Representative. Any Changwat [electoral district] with more inhabitants than the number of inhabitants per one member shall have an additional member of the House of Representatives for every such number of inhabitants as representing the number of inhabitants per one member.
Upon the number of members of the House of Representatives of each Changwat [electoral district] being obtained under paragraph three, if the number of members of the House of Representatives is still less than four hundred, any Changwat [electoral district] with the largest fraction remaining from the determination under paragraph three shall have an additional member of the House of Representatives and the addition of the members of the House of Representatives in accordance with such procedure shall be made to Changwat [electoral district]s in respective order of fractions remaining from the determination under paragraph three until the number of four hundred is obtained.
Section 103
In a Changwat [electoral district] where the number of members of the House
of Representatives to be elected is not more than one, the area of that Changwat
[electoral district] shall be regarded as the constituency and in a Changwat
[electoral district] where the number of members of the House of Representatives
is more than one, such Changwat [electoral district] shall be divided into constituencies
in the number equal to such number of members of the House of Representatives
as may be elected therein and, for this purpose, each constituency shall have
one member of the House of Representatives.
In a Changwat [electoral district] which is divided into more constituencies
than one, the boundary of each constituency shall
be adjoining and the number of inhabitants in each constituency must be closely
apportioned.
Section 104
In a general election, a voter shall have the right to cast ballot for only
one list of candidates prepared by the political party and, in an election on
a constituency basis, for one candidate in that constituency.
In an election of a member of the House of Representatives to replace the member of the House of Representatives elected on a constituency basis whose office becomes vacant under section 119(2), a voter shall have the right to cast ballot for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In each constituency, the counting of votes from every polling station altogether shall be conducted and the result of the vote-counting shall be a nnounced publicly at any single place in that constituency as designated by the Election Commission, except that in the case where necessity arises in a particular locality, the Election Commission may provide otherwise in accordance with the organic law on the election of members of the House of Representatives and senators. The provisions of paragraph four shall apply mutatis mutandis to the counting and announcement of votes received by each party-list in each constituency under section 103.
Section 105
A person having the following qualifications has the right to vote at an election:
1) being of Thai nationality; provided that a person who has acquired Thai nationality by naturalisation must hold the Thai nationality for not less than five years;
2) being not less than eighteen years of age on 1st January of the year of the election; and
3) having his or her name appear on the house register in the constituency for not less than ninety days up to the date of the election.
A voter who has a residence outside the constituency under section 103 within which his or her name appear in the house register, or who has his or her name appear in the house register in the constituency for the period of less than ninety days up to the date of the election, or who has a residence outside the Kingdom of Thailand shall have the right to cast ballot in an election in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and senators.
Section 106
A person under any of the following prohibitions on the election day is disfranchised:
1) being of unsound mind or of mental infirmity;
2) being a Buddhist priest, novice, monk or clergy;
3) being detained by a warrant of the Court or by a lawful order;
4) being under suspension of the right to vote.
Section 107
A person having the following qualifications has the right to be a candidate
in an election of members of the House of Representatives:
1) being of Thai nationality by birth;
2) being not less than twenty five years of age on the election day;
3) having graduated with not lower than a Bachelor's degree or its equivalent except for the case of having been a member of the House of Representatives or a senator before;
4) being a member of any and only one political party, for a consecutive period of not less than ninety days, up to the date of applying for candidacy in an election;
5) a candidate in an election on a constituency basis shall also possess any of the following qualifications:a) having his or her name appear in the house register in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than one year up to the date of applying for candidacy;
b) having been a member of the House of Representatives in Changwat [electoral district] where he or she stands for election, a member of a local assembly or a local administrator of such Changwat [electoral district] before;
c) being born in Changwat [electoral district] where he or she stands for election;
d) having studied in an education institution situated in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than two academic years before;
e) having served in the official service before or having had his or her name appear in the house register in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than two years before.
Section 108
A political party sending member to stand for election in any constituency shall send only one member in such constituency.
Section 109
A person under any of the following prohibitions shall have no right to be a
candidate in an election of members of the House of Representatives:
1) being addicted to drugs;
2) being an undischarged bankrupt;
3) being disfranchised under section 106(1), (2) or (4);
4) having been sentenced by a judgement to imprisonment and being detained by a warrant of the Court;
5) having been discharged for a period of less than five years on the election day after being sentenced by a judgement to imprisonment for a term of two years or more except for an offence committed through negligence;
6) having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;
7) having been ordered by a judgement or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;
8) being a Government official holding a permanent position or receiving salary except a political official;
9) being a member of a local assembly or a local administrator;
10) being a senator;
11) being an official or employee of a State agency, State enterprise or local government organisation, or other State official;
12) being an Election Commissioner, an Ombudsman, a member of the National Human Right Commission, a judge of the Constitutional Court, a judge of an Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission;
13) being under the prohibition from holding a political position under section 295;
14) having been removed from office by the resolution of the Senate under section 307; provided that, from the date of the resolution to the election day, the period of five years has not elapsed.
Section 110
A member of the House of Representatives shall not:
1) hold any position or have any duty in any State agency or State enterprise, or hold a position of member of a local assembly, local administrator or local government official except other political official other than Minister;
2) receive any concession from the State, a State agency or
State enterprise, or become a party to a contract of the nature of economic monopoly with the State, a State agency or State enterprise, or a become partner or shareholder in a partnership or company receiving such concession or becoming a party to the contract of that nature;
3) receive any special money or benefit from any State agency or State enterprise apart from that given by the State agency or State enterprise to other persons in the ordinary course of business.
The provisions of this section shall not apply in the case where a member of the House of Representatives receives military pensions, gratuities, pensions, annuities or any other form of payment of the same nature, and shall not apply in the case where a member of the House of Representatives accepts or holds a position of committee member of the National Assembly, the House of Representatives or the Senate, or committee member appointed as a qualified member under the provisions of law or committee member appointed in the course of the administration of the State affairs in case he or she holds a position of other political official other than Minister.
Section 111
A member of the House of Representatives shall not, through the status or position of member of the House of Representatives, interfere or intervene in the recruitment, appointment, reshuffle, transfer, promotion and elevation of the salary scale of a Government official holding a permanent position or receiving salary and not being a political official, an official or employee of a State agency, State enterprise or local government organisation, or cause such persons to be removed from office.
Section 112
Subject to the provisions of this Constitution, rules and procedure for an election of members of the House of Representatives shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
Section 113
In the interest of honesty and fairness of an election of members of the House
of Representatives, the State shall provide support for the election in the
following matters:
1) preparing places for posting notices and posters relating to the election in public places owned by the State;
2) publishing and supplying to persons having the right to vote documents relating to the election;
3) providing places for election campaigns to candidates in the election;
4) allocating radio and television broadcasting time to political parties;
5) other activities specified by Notifications of the Election Commission.
The activities under (1), (4) and (5) by candidates in the election, political
parties or other persons other than the State shall not be permitted.
Rules, conditions and procedure for carrying out the acts under this section
shall be in accordance with the organic law on the election of members of the
House of Representatives and senators, which shall afford equal opportunities.
Section 114
The term of the House of Representatives is four years from the election day.
Section 115
Upon the expiration of the term of the House of Representatives, the King will
issue a Royal Decree calling for a general election of members of the House
of Representatives in which the election day must be fixed within forty five
days as from the date of the expiration of the term of the House of Representatives
and the election day must be the same throughout the Kingdom.
Section 116
The King has the prerogative to dissolve the House of Representatives for a
new election of members of the House.
The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed within sixty days and such election day must be the same throughout the Kingdom.
The dissolution of the House of Representatives may be made only once under the same circumstance.
Section 117
Membership of the House of Representatives commences on the election day.
Section 118
Membership of the House of Representatives terminates upon:
1) expiration of the term or dissolution of the House of Representatives;
2) death;
3) resignation;
4) being disqualified under section 107;
5) being under any prohibition provided in section 109(1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13) or (14);
6) acting in contravention of any prohibition under section 110 or section 111;
7) being appointed Prime Minister or Minister;
8) resignation from membership of his or her political party or his or her political party passing a resolution, with the votes of not less than three- fourths of the joint meeting of the Executive Committee of that political party and members of the House of Representatives belonging to that political party, terminating his or her membership of the political party. In such cases, his or her membership shall be deemed to have terminated as from the date of the resignation or the resolution of the political party except where such member of the House of Representatives appeals to the Constitutional Court within thirty days as from the date of the resolution of the political party for raising an objection that such resolution is of such nature as specified in section 47 paragraph three. If the Constitutional Court decides that the said resolution is not of the nature as specified in section 47 paragraph three, his or her membership shall be deemed to have terminated as from the date of the decision of the Constitutional Court. If the Constitutional Court decides that the said resolution is of such nature as specified in section 47 paragraph three, that member of the House of Representatives may become a member of another political party within thirty days as from the date of the decision of the Constitutional Court;
9) loss of membership of the political party in the case where the political party of which he or she is a member is dissolved by an order of the Constitutional Court and he or she is unable to become a member of another political party within sixty days as from the date on which the Constitutional Court issues its order. In such case, his or her membership shall be deemed to have terminated as from the day following the date on which such period of sixty days has elapsed;
10) the Senate passing a resolution under section 307 removing him or her from office or the Constitutional Court having a decision terminating his or her membership under section 96. In such case, his or her membership shall be deemed to have terminated as from the date on which the Senate passes a resolution or the Constitutional Court has a decision, as the case may be;
11) having been absent for more than one-fourth of the number of days in a session the length of which is not less than ninety days without permission of the President of the House of
Representatives;
12) having been imprisoned by a final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence.
The termination of membership of the House of Representatives under (7) shall be effective as from the day following the date on which the period of thirty days, from the date of the appointment by the Royal Command, has elapsed.
Section 119
When the office of member of the House of Representatives becomes vacant for
any reason other than the expiration of the term or the dissolution of the House
of Representatives, the following actions shall be taken:
1) in the case where the vacancy is that of the office of a member of the House of Representatives listed in the list prepared by a political party under section 99, the President of the House of Representatives shall, by publication in the Government Gazette within seven days as from the date of the vacancy, elevate the person whose name in the list of that political party is placed in the next order to be a replacing member of the House of Representatives;
2) in the case where the vacancy is that of the office of a member of the House of Representatives elected from the election on a constituency basis under section 102, an election of a member of the House of Representatives to fill the vacancy shall be held within forty five days as from the date of the vacancy unless the remainder of the term of the House of Representatives is less than one hundred and eighty days.
Membership of the replacing member of the House of Representatives under (1) shall commence as from the day following the date of the publication of the name of the replacing member, while membership of the replacing member of the House of Representatives under (2) shall commence as from the day on which the election to fill the vacancy is held. The replacing member of the House of Representatives may serve only for the remainder of the term of the House.
Section 120
After the Council of Ministers has assumed the administration of the State affairs,
the King will appoint as Leader of the Opposition in the House of Representatives
a member of the House who is the leader of the political party having its members
holding no ministerial positions and having the largest number of members among
the political parties having their members holding no ministerial positions,
provided that such number must not be less than one-fifth of the total number
of members of the House of Representatives at the time of the appointment.
In the case where no political party in the House of Representatives meets the condition as prescribed under paragraph one, the leader of the political party, who receives a majority of supporting votes from the members of the House who belong to the political parties having their members holding no ministerial positions, shall be the Leader of the Opposition in the House. In case of an equality of supporting votes, it shall be decided by lot.
The President of the House of Representatives shall countersign the Royal Command appointing the Leader of the Opposition in the House of Representatives. The Leader of the Opposition in the House of Representatives shall vacate office upon being disqualified as specified in paragraph one or paragraph two, and section 152 shall apply mutatis mutandis, and in such case, the King will appoint a new Leader of the Opposition in the House of Representatives to fill the vacancy.
Section 121
The Senate shall consist of two hundred members to be elected by the people.
In the case where the office of the senator becomes vacant for any reason whatsoever and an election of a senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining senators.
Section 122
In an election of senators, the area of Changwat [electoral district] shall be regarded as one constituency.
The number of senators each Changwat [electoral district] can have shall be determined in accordance with the procedure provided in section 102 paragraph two, paragraph three and paragraph four mutatis mutandis.
Section 123
The person having the right to vote at an election of senators may cast ballot,
at the election, for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat [electoral district] can have more than one senator, the candidates who receive the highest number of votes in respective order in the number of senators that Changwat [electoral district] can have shall be elected as senators.
Section 124
The provisions of section 105 and section 106 shall apply mutatis mutandis to the qualifications and prohibitions to which a person having the right to be a candidate in an election of senators shall be subjected.
Section 125
A person having the following qualifications has the right to be a candidate
in an election of senators:
1) being of Thai nationality by birth;
2) being of not less than forty years of age on the election day;
3) having graduated with not lower than a Bachelor's degree or its equivalent;
4) having any of the qualifications under section 107(5).
Section 126
A person under any of the following qualifications shall have no right to be
a candidate in an election of senators:
1) being a member of or holder of other position of a political party;
2) being a member of the House of Representatives or having been a member of the House of Representatives and his or her membership has terminated for not yet more than one year up to the date of applying for the candidacy;
3) being or having been a senator in accordance with the provisions of this Constitution during the term of the Senate preceding the application for the candidacy;
4) being disfranchised under section 109(1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14).
Section 127
A senator shall not be a Minister or other political official.
The person having held office of senator with membership having terminated for not more than one year, shall not be a Minister or other political official unless the membership has terminated under section 133(1).
Section 128
The provisions of section 110 and section 111 shall also apply mutatis mutandis to the prohibitions to which a senator shall be subjected.
Section 129
Subject to the provisions of this Constitution, rules and procedure for an election
of senators shall be in accordance with the organic law on the election of members
of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election, the State shall carry out the following acts:
1) causing notices and posters relating to the election and candidates in the election to be posted;
2) publishing and furnishing to persons having the right to vote documents relating to the election and candidates in the election;
3) providing places and allocating radio and television broadcasting time for introducing candidates in the election;
4) carrying out other acts as prescribed by the Election Commission.
Rules and procedure for carrying out the acts under paragraph two shall be
in accordance with the organic law on the election of members of the House of
Representatives and senators.
The introduction of candidates by themselves or other persons is permitted only
insofar as provided in the organic law on the election of members of the House
of Representatives and senators.
Section 130
The term of the Senate is six years as from the election day.
Section 131
Upon expiration of the term of the Senate, the King will issue a Royal Decree
calling for a new general election of senators in which the election day must
be fixed within thirty days as from the date of the expiration of the term of
the Senate and the election day must be the same throughout the Kingdom.
For the purpose of proceeding under section 168, the senators holding office on the day on which the term of the Senate terminates under paragraph one shall continue to perform their duties until newly elected senators assume their duties.
Section 132
Membership of the Senate commences on the election day.
Section 133
Membership of the Senate terminates upon:
1) expiration of the term of the Senate;
2) death;
3) resignation;
4) being disqualified under section 125;
5) being under any of the prohibitions under section 126;
6) being under any of the prohibitions under section 127;
7) acting in contravention of any of the prohibitions under section 128;
8) the Senate passing a resolution under section 307 removing him or her from office or the Constitutional Court having a decision terminating his or her membership under section 96; in such case, his or her membership shall be deemed to have terminated as from the date of the resolution of the Senate or the decision of the Constitutional Court, as the case may be;
9) having been absent for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the President of the Senate;
10) having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence.
Section 134
When the office of senator becomes vacant for any reason other than the expiration
of term of the Senate, an election of a senator to fill the vacancy shall be
held within forty five days as from the date of the vacancy unless the remainder
of the term of the Senate is less than one hundred and eighty days.
The replacing senator may serve only for the remainder of the term of the Senate.
Section 135
In considering the selection, appointment, recommendation or approval of a person
to hold any position under section 138, section 143, section 196, section 199,
section 257, section 261, section 274(3), section 277, section 278, section
279(3), section 297, section 302 and section 312, the Senate shall appoint a
committee for examining past records and behaviours of the person nominated
for holding such position as well as gathering necessary facts and evidence
to be reported to the Senate for its further consideration.
The proceeding by the committee under paragraph one shall be in accordance with the Rules of Procedure of the Senate.
Section 136
The Election Commission consists of a Chairman and other four Commissioners
appointed, by the King with the advice of the Senate, from persons of apparent
political impartiality and integrity.
The President of the Senate shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.
Section 137
An Election Commissioner shall have the qualifications and shall not be under
any prohibition as follows:
1) being of Thai nationality by birth;
2) being of not less than forty years of age on the nomination day;
3) having graduated with not lower than a Bachelor's degree or its equivalent;
4) not being under any of the prohibitions under section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
5) not being a member of the House of Representatives or the Senate, a political official, a member of a local assembly or a local administrator;
6) not being or having been a member of or holder of other position in a political party throughout the period of five years preceding the holding of office;
7) not being an Ombudsman, a member of the National Human Right Commission, a judge of the Constitutional Court, a judge of the Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.
Section 138
The selection and election of Chairman and Election Commissioners shall be proceeded
as follows:
1) there shall be a Selective Committee of ten members consisting of the President of the Constitutional Court as Chairman, President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be four in number, and representatives of all political parties having a member who is a member of the House of Representatives, provided that each party shall have one representative and all such representatives shall elect among themselves to be four in number, to be in charge of the consideration and selection of five persons, who have the qualifications under section 137 and who are suitable to be Election Commissioners, for making nomination to the President of the Senate upon consent of the nominated persons. The resolution making such nomination must be passed by votes of not less than three-fourths of the number of all existing members of the Selective Committee;
2) the Supreme Court of Justice shall, at its general meeting, consider and select five persons who are suitable to be Election Commissioners for making nomination to the President of the
Senate upon consent of the nominated persons;
3) the nominations under (1) and (2) shall be made within thirty days as from the date when a ground for the selection of persons to be in such office occurs. In the case where the Selective Committee under (1) is unable to make nomination, or unable to make nomination in the complete number, within the prescribed time, the Supreme Court of Justice shall, at its general meeting, make nomination to obtain the complete number within fifteen days as from the date of the expiration of the nomination time under (1);
4) the President of the Senate shall convoke the Senate for passing, by secret ballot, a resolution electing the nominated persons under (1), (2) and (3). For this purpose, the first five persons who receive the highest votes which are more than one half of the total number of the existing senators shall be elected as Election Commissioners, but if the number of the said elected persons is less than five, the name-list of those not elected in that first occasion shall be submitted to the senators for voting on another occasion and consecutively. In such case, the persons receiving the highest number of votes in respective order up to five shall be deemed to be elected as Election Commissioner. On this occasion, if there are persons receiving equal votes in any order which result in having more than five elected persons, the President of the Senate shall draw lots to determine who are elected persons;
5) the elected persons under (4) shall meet and elect among themselves Chairman of the Election Commission and, then, notify the President of the Senate of the result. The President of the Senate shall report to the King for further appointment.
Section 139
An Election Commissioner shall not:
1) be a Government official holding a permanent position or receiving salary;
2) be an official or employee of a State agency, State enterprise or local government organisation;
3) hold any position in a partnership, a company or an organisation carrying out businesses for sharing profits or incomes, or be an employee of any person;
4) engage in any other independent profession.
In the case where the Senate has elected a person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2), (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of election. If that person has not resigned or ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be an Election Commissioner and the provisions of section 138 shall apply mutatis mutandis.
Section 140
Election Commissioners shall hold office for a term of seven years as from the
date of their appointment by the King and shall serve for only one term.
The Election Commissioners who vacate office upon the expiration of the term shall remain in office to continue to perform their duties until the newly appointed Election Commissioners take office.
Section 141
In addition to the vacation of office upon the termination of the term, an Election
Commissioner vacates office upon:
1) death;
2) resignation;
3) being disqualified or being under any of the prohibitions under section 137 or section 139;
4) having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through
negligence or a petty offence;
5) the Senate passing a resolution under section 307 removing him or her from office.
When a case under paragraph one occurs, the remaining Election Commissioners may continue to perform their duties.
Section 142
Members of the House of Representatives, senators, or members of both Houses
of not less than one-tenth of the total number of the existing members of the
two Houses have the right to lodge with the President of the National Assembly
a complaint that any Election Commissioner is disqualified or is under any of
the prohibitions under section 137 or has acted in contravention of any of the
prohibitions under section 139 and the President shall refer that complaint
to the Constitutional Court for its decision as to whether that Election Commissioner
has vacated his or her office.
When the Constitutional Court has passed a decision, it shall notify the President of the National Assembly and the Chairman of the Election Commission of such decision. The provisions of section 97 shall also apply mutatis mutandis to the vacation of office of Election Commissioners.
Section 143
In the case where the Election Commissioners have vacated office in toto, actions under section 138 shall be taken within forty five days as from the date of the vacation.
In the case where Election Commissioners vacate office for any reason other than the expiration of term, section 138 shall apply mutatis mutandis to the selection and election of Election Commissioners to fill the vacancies. In this case, persons, in the twice number of the outgoing persons, who are suitable to be Election Commissioners shall be nominated to the Presidents of the Senate for election by a resolution of the Senate; provided that this procedure shall be completed within forty five days as from the date of the vacation, and the elected persons shall serve only for the remainder of the term of the replaced Commissioners.
Section 144
The Election Commission shall control and hold, or cause to be held, an election
of members of the House of Representatives, senators, members of a local assembly
and local administrators including the voting in a referendum for the purpose
of rendering it to proceed in an honest and fair manner.
The Chairman of the Election Commission shall have the charge and control of the execution of the organic law on the election of members of the House of Representatives and senators, the organic law on political parties, the organic law on the voting in a referendum and the law on the election of members of local assemblies or local administrators and shall be the political- party registrar.
Section 145
The Election Commission shall have the following powers and duties:
1) to issue Notifications determining all activities necessary for the execution of the laws referred to in section 144 paragraph two;
2) to give orders instructing Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials to perform all necessary acts under the laws referred to in section 144 paragraph two;
3) to conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the laws referred to in section 144 paragraph two;
4) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a
referendum in that or those polling stations has not proceeded in an honest and fair manner;
5) to announce the result of an election and the voting in a referendum;
6) to perform other acts as provided by law.
In the performance of duties, the Election Commission has the power to summon
any relevant document or evidence from any person, or summon any person to give
statements as well as to request the Courts, public prosecutors, inquiry officials,
State agencies, State enterprises or local government organisations to take
action for the purpose of performing duties, investigating, conducting inquiries
and passing decisions.
The Election Commission has the power to appoint persons, a group of persons
or representatives of private organisations to perform such duties as entrusted.
Section 146
Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials shall have the duty to comply with orders of the Election Commission given under section 145.
Section 147
The Election Commission shall forthwith conduct an investigation and inquiry
for finding facts in any of the following cases;
1) an objection by a voter, a candidate in an election or a political party a member of which stood for the election in any of the constituencies has been raised that the election in that constituency has proceeded inappropriately or unlawfully;
2) convincing evidence has appeared that any member of the House of Representatives, senator, member of a local assembly or local administrator, before being elected, had committed any dishonest act to enable him or her to be elected, or has dishonestly been elected as a result of an act committed by any person or political party in violation of the organic law on the election of members of the House of Representatives and senators, the organic law on political parties or the law on the election of members of local assemblies and local administrators;
3) convincing evidence has appeared that the voting in a referendum did not proceed lawfully or an objection has been raised by a voter that the voting in a referendum in any polling station proceeded inappropriately or unlawfully;
Upon completion of actions under paragraph one, the Election Commission shall pass a decision forthwith.
Section 148
During the period in which a Royal Decree calling for an election of members of the House of Representatives or senator or a Notification calling for the voting in a referendum is effective, no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry except in the case where permission of the Election Commission is obtained or where the arrest is made in flagrante delicto.
In the case where an Election Commissioner has been arrested in flagrante delicto, or where an Election Commissioner is arrested or detained in other cases, it shall be forthwith reported to the Chairman of the Election Commission and the Chairman may order a release of the person so arrested.
Part 5 Provisions Applicable to both Houses
Section 149
Members of the House of Representatives and senators are representatives of the Thai people, and shall honestly perform the duties for the common interest of the Thai people.
Section 150
Before taking office, a member of the House of Representatives and a senator
shall make a solemn declaration at a sitting of the House of which he or she
is a member in the following words:
"I, (name of the declarer), do solemnly declare that I will perform my duties in accordance with the honest dictates of my conscience for the common interest of the Thai people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
Section 151
The House of Representatives and the Senate shall each have one President and one or two Vice-Presidents who are appointed by the King from the members of such House in accordance with its resolution.
Section 152
The President and the Vice-Presidents of the House of Representatives hold office
until the expiration of the term or the dissolution of the House.
The President and the Vice-Presidents of the Senate hold office until the day preceding the date of the election the new President and Vice- Presidents.
The President and the Vice-Presidents of the House of Representatives and the President and the Vice-Presidents of the Senate vacate office before the expiration of the term of office under paragraph one or paragraph two, as the case may be, upon:
1) loss of membership of the House of which he or she is a member;
2) resignation;
3) holding a position of Prime Minister, Minister or other political official;
4) being sentenced by a judgment to imprisonment.
Section 153
The President of the House of Representatives and the President of the Senate
shall have the powers and duties to carry out the business of each House in
accordance with its rules of procedure. The Vice- presidents have the powers
and duties as entrusted by the President and act on behalf of the President
when the President is not present or unable to perform his or her duties.
The President of the House of Representatives, the President of the Senate and the persons who act on behalf of the President shall be impartial in the performance of duties.
Section 154
When the President and the Vice-Presidents of the House of Representatives or the President and the Vice-Presidents of the Senate are not present at any sitting, the members of each House shall elect one among themselves to preside over such sitting.
Section 155
At a sitting of the House of Representatives or the Senate, the presence of not less than one-half of the total number of the existing members of each House is required to constitute a quorum, except that in the case of considering the agenda on interpellation under section 183 and section 184, the House of Representatives and the Senate may otherwise prescribe a quorum in the rules of procedure.
Section 156
A resolution on any issue shall be made by a majority of votes, unless it is
otherwise provided in this Constitution.
In casting a vote, each member has one vote. In case of an equality of votes, the presiding member shall have an additional vote as a casting vote.
The President of the National Assembly, the President of the House of Representatives
and the President of the Senate shall cause the voting of each member to be
recorded and disclose
such record in a place where the public entry for its inspection is possible,
except for the case of the voting by secret ballot.
The casting of votes to elect or give approval to a person for holding office shall be secret, unless otherwise provided in this Constitution, and members shall have autonomy and shall not be bound by resolutions of their political parties or any other mandate.
Section 157
At a sitting of the House of Representatives or the Senate or at a joint sitting
of the National Assembly, words expressed in giving statements of fact or opinions
or in casting the vote by any member are absolutely privileged. No charge or
action in any manner whatsoever shall be brought against such member.
The privilege under paragraph one does not extend to a member who expresses
words at a sitting which is broadcast through radio or television if such words
appear out of the precinct of the National Assembly and the expression of such
words constitutes a criminal offence or a wrongful act against any other person,
who is not a Minister or member of that House.
In the case of paragraph two, if the words expressed by the member cause damage
to other person who is not a Minister or member of that House, the President
of that House shall cause explanations to be published as requested by that
person in accordance with procedure and within such period of time as prescribed
in the rules of the procedure of that House, without prejudice to the person's
right to bring the case before the Court.
Section 158
The privilege provided in section 157 extends to printers and publishers of the minutes of sittings in accordance with the rules of procedure of the House of Representatives, the Senate or the National Assembly, as the case may be, and to persons permitted by the presiding member to give statements of fact or opinions at such sitting as well as to persons who broadcasts the sitting through radio or television with the permission of the President of such House mutatis mutandis.
Section 159
The National Assembly shall, within thirty days as from the date of the election
of members of the House of Representatives, be summoned for the first sitting.
Each year, there shall be general ordinary session and a legislative ordinary session.
The day on which the first sitting under paragraph one is held shall be considered as the first day of the general ordinary session, and the first day of the legislative ordinary session shall be fixed by the House of Representatives. In the case where the first sitting under in paragraph one has less than one hundred and fifty days up to the end of a calendar year, the legislative ordinary session may be omitted in that year.
During the legislative ordinary session, the National Assembly shall hold a sitting only in such cases as prescribed in Chapter 2 or in cases of the consideration of bills or organic law bills, the approval of an Emergency Decree, the approval of the declaration of war, the approval of a treaty, the election or approval of a person for holding office, the removal of a person from office, the interpellation and the amendment of the Constitution, unless the National Assembly has passed a resolution, by the votes of more than one-half of the total number of the existing members of both Houses, for considering other matters.
Section 160
An ordinary session of the National Assembly shall last one hundred and twenty
days but the King may prolong it.
An ordinary session may be prorogued before the end of one hundred and twenty days only with the approval of the National Assembly.
Section 161
The King convokes the National Assembly, opens and prorogues its session.
The King may be present to perform the opening ceremony of the first general ordinary session under section 159 paragraph one or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.
Section 162
When it is necessary for the interests of the State, the King may convoke an extraordinary session of the National Assembly.
Section 163
Members of both Houses or members of the House of Representatives of not less
than one-third of the total number of the existing members of both Houses have
the right to present their petition to the King for the issuance of a Royal
Command convoking an extraordinary session of the National Assembly.
The petition referred to in paragraph one shall be lodged with the President of the National Assembly.
The President of the National Assembly shall present the petition to the King and countersign the Royal Command.
Section 164
Subject to section 163, the convocation, the prolongation of session and the prorogation of the National Assembly shall be made by a Royal Decree.
Section 165
No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.
In the case where a member of the House of Representatives or a senator has been arrested in flagrante delicto, it shall be forthwith reported to the President of the House of which he or she is a member and such President may order the release of the person so arrested.
Section 166
In the case where a criminal charge is brought against a member of the House
of Representatives or a senator, whether the House is in session or not, the
Court shall not try the case during a session, unless permission of the House
of which he or she is a member is obtained or it is a case concerning the organic
law on the election of members of the House of Representatives and senators,
the organic law on Election Commission or the organic law on political parties;
provided that the trial of the Court shall not hinder such member from attending
the sitting of the House.
The trial and adjudication of the Court conducted before it is invoked that the accused is a member of either House are valid.
Section 167
If a member of the House of Representatives or a senator is detained during
the inquiry or trial before the beginning of a session, when the session begins,
the inquiry official or the Court, as the case may be, must order his or her
release as soon as the President of the House of which he or she is a member
has so requested.
The order of release under paragraph one shall be effective as from the date of such order until the last day of the session.
Section 168
During the expiration of the term or the dissolution of the House of Representatives,
the Senate shall not hold its sitting except in the following cases:
1) a sitting at which the Senate shall act as the National Assembly under section
19, section 21, section 22, section 23
and section 223, and the votes taken shall be based on the number of senators;
2) a sitting at which the Senator shall elect, appoint, recommend or give approval
to a person for holding any office under section 138, section 143, section 196,
section 199, section 257, section 261, section 274(3), section 277, section
278, section 279(3), section 297, section 302 and section 312;
3) a sitting at which the Senate shall consider and pass a resolution removing
a person from office.
Section 169
Subject to section 170, a bill or an organic law bill may be introduced only
by members of the House of Representatives or the Council of Ministers, but
a money bill may be introduced by members of the House of Representatives only
with the endorsement of the Prime Minister.
A member of the House of Representatives may introduce a bill or an organic law bill only if the political party of which he or she is a member has passed a resolution approving the introduction thereof and the bill is endorsed by not less than twenty members of the House of Representatives. A money bill means a bill with provisions dealing with any of the following matters:
1) the imposition, repeal, reduction, alteration, modification, remission, or regulation of taxes or duties;
2) the allocation, receipt, custody, payment of the State funds, or transfer of expenditure estimates of the State;
3) the raising of loans, or guarantee or redemption of loans;
4) currency.
In case of doubt as to whether a bill or an organic law bill is a money bill
which requires the endorsement of the Prime Minister or not, it shall be the
power of a joint sitting of the President of the House of Representatives and
Presidents of all its standing committees to make a decision thereon.
The President of the House of Representatives shall hold a joint sitting to
consider the case under paragraph four within fifteen days as from the date
such case occurs.
The resolution of the joint sitting under paragraph four shall be decided by
a majority of votes. In case of an equality of votes, the President of the House
of Representatives shall have an additional vote as a casting vote.
Section 170
The persons having the right to vote of not less than fifty thousand in number
shall have a right to submit a petition to the President of the National Assembly
to consider such law as prescribed in Chapter 3 and Chapter 5 of this Constitution.
A bill must be attached to the petition referred to in paragraph one.
The rules and procedure for the petition and the examination thereof shall be in accordance with the provisions of the law.
Section 171
For any bill or any organic law bill introduced by members of the House of Representatives which, at the stage of the adoption of its principle, was not a money bill but was then amended by the House of Representatives and, in the opinion of the President of the House, such amendment has rendered it to exhibit the characteristic of a money bill, the President of the House shall suspend the consideration of such bill and, within fifteen days as from the day on which such case occurs, shall refer it to a joint sitting of the President of the House of Representatives and Presidents of all its standing committees to make a decision thereon. If the joint sitting decides that the amendment resulted in such bill or organic law bill exhibiting the characteristic of a money bill, the President of the House shall refer it to the Prime Minister for endorsement. In the case where the Prime Minister does not endorse it, the House of Representative shall amend it so as to prevent it from being a money bill.
Section 172
A bill or an organic law bill shall be first submitted to the House of Representatives.
Section 173
When a bill which has been specified by the Council of Ministers, in its policies stated to the National Assembly under section 211, as necessary for the administration of the State affairs or when any organic law bill is not approved by a resolution of the House of Representatives and the votes disapproving it are less than one-half of the total number of the existing members of the House, the Council of Ministers may request the National Assembly to hold a joint sitting for passing a resolution on another occasion. If it is approved, the National Assembly shall appoint the persons, being or not being its members, in such an equal number as proposed by the Council of Ministers, to constitute a joint committee of the National Assembly for considering such bill or organic law bill, and the joint committee of the National Assembly shall prepare a report thereon and submit the bill or organic law bill which it has already considered to the National Assembly. If such bill or organic law bill is approved by the National Assembly, further proceedings under section 93 shall be taken. If it is not approved, such bill or organic law bill shall lapse.
Section 174
Subject to section 180, when the House of Representatives has considered a bill
or an organic law bill submitted under section 172 and resolved to approve it,
the House of Representatives shall submit such bill or organic law bill to the
Senate. The Senate must finish the consideration of such bill or organic law
bill within sixty days; but if it is a money bill, the consideration thereof
must be finished within thirty days; provided that the Senate may, as a special
case, resolve to extend the period for not more than thirty days. The said period
shall mean the period during a session and shall be counted as from the day
on which such bill or organic law bill reaches the Senate.
The period referred to in paragraph one shall not include the period during which the bill or the organic law bill is under the consideration of the Constitutional Court under section 177.
If the Senate has not finished the consideration of the bill or the organic law bill within the period referred to in paragraph one, it shall be deemed that the Senate has approved it.
In the case where the House of Representatives submits a money bill to the Senate, the President of the House of Representatives shall also advise the Senate that the bill or the organic law bill so submitted is a money bill. The advice of the President of the House of Representatives shall be deemed final.
In the case where the President of the House of Representatives does not advise the Senate that the bill or the organic law bill is a money bill, such bill shall not be deemed a money bill.
Section 175
Subject to section 180, after the Senate has finished the consideration of a
bill or an organic law bill,
1) if it agrees with the House of Representatives, further proceedings under section 93 shall be taken;
2) if it disagrees with the House of Representatives, such bill or organic law bill shall be withheld and returned to the House of Representatives;
3) if there is an amendment, the amended bill or the amended organic law bill shall be returned to the House of Representatives. If the House of Representatives approves such amendment, further proceedings under section 93 shall be taken. In other cases, each House shall appoint persons, being or not being its members, in such an equal number as may be fixed by the House of Representatives, to constitute a joint committee for considering the bill or the organic law bill and the joint committee shall prepare a report thereon and submit the bill or the organic law bill which it has already considered to both Houses. If both Houses approve the bill or the organic law bill already considered by the joint committee, further proceedings under section 93 shall be taken. If either House disapproves it, the bill or the organic law bill shall be withheld.
The joint committee has the power to demand documents from any person or summon any person to give statements of fact or opinions in respect of the consideration of the bill or the organic law bill and the privileges provided in section 157 and section 158 shall also extend to the person performing his or her duties under this section. At a meeting of the joint committee, the presence of the members of the joint committee appointed by both Houses of not less than one-half of the total number of its members is required to constitute a quorum and the provisions of section 194 shall apply mutatis mutandis.
Section 176
A bill or an organic law bill withheld under section 175 may be reconsidered
by the House of Representatives only after the lapse of one hundred and eighty
days as from the date the bill or the organic law bill is returned to the House
of Representatives by the Senate in case of withholding under section 175(2)
and as from the date either House disapproves it in case of withholding under
section 175(3). In such cases, if the House of Representatives resolves to reaffirm
the original bill or the bill considered by the joint committee by the votes
of more than one-half of the total number of the existing members of the House
of Representatives, such bill or organic law bill shall be deemed to have been
approved by the National Assembly and further proceedings under section 93 shall
be taken.
If the bill or the organic law bill withheld is a money bill, the House of Representatives may forthwith proceed to reconsider it. In such case, if the House of Representatives resolves to reaffirm the original bill or the bill considered by the joint committee by the votes of more than one-half of the total number of the existing members of the House of Representatives, such bill or organic law bill shall be deemed to have been approved by the National Assembly and further proceedings under section 93 shall be taken.
Section 177
While a bill or an organic law bill is being withheld under section 175, the
Council of Ministers or members of the House of Representatives may not introduce
a bill or an organic law bill having the same or similar principle as that of
the bill or the organic law bill so withheld.
In the case where the House of Representatives or the Senate is of the opinion that the bill or the organic law bill so introduced or referred to for consideration has the same or similar principle as that of the bill or the organic law bill being withheld, the President of the House of Representatives or the President of the Senate shall refer the said bill or organic law bill to the Constitutional Court for decision. If the Constitutional Court decides that it is a bill or an organic law bill having the same or similar principle as that of the bill or the organic law bill so withheld, such bill or organic law bill shall lapse.
Section 178
In the case where the term of the House of Representatives expires or the House
of Representatives is dissolved, the draft Constitution Amendment, or all bills
or organic law bills to which the King has refused His assent or which have
not been returned by the King within ninety days, shall lapse.
In the case where the term of the House of Representatives expires or where the House of Representatives is dissolved, the National Assembly, the House of Representatives or the Senate, as the case may be, may, after a general election of members of the House of Representatives, continue the consideration of the draft Constitution Amendment, the bill or the organic law bill which has not yet been approved by the National Assembly if the Council of Ministers which is newly appointed after the general election so requests within sixty days as from the first sitting day of the National Assembly after the general election and the National Assembly approves it. If the Council of Ministers does not so request within such period of time, such draft Constitution Amendment, bill or organic law bill shall lapse.
The further consideration of the draft Constitution Amendment, the bill or the organic law bill under paragraph two shall be in accordance with the rules of procedure of the National Assembly.
Section 179
The expenditure estimates of the State shall be made in the form of an Act. If the Annual Appropriations Act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceding fiscal year shall apply for the time being.
Section 180
The House of Representatives must finish the consideration of an annual appropriations
bill, a supplementary appropriations bill and a transfer of appropriations bill
within one hundred and five days as from the date the bill reaches the House
of Representatives.
If the House of Representatives has not finished the consideration of the bill within the period referred to in paragraph one, such bill shall be deemed to have been approved by the House of Representatives and shall be submitted to the Senate.
In the consideration by the Senate, the Senate must approve or disapprove it without any amendment within twenty days as from the date the bill reaches the Senate. Upon the lapse of such period, such bill shall be deemed to have been approved; in such case and in the case where the Senate approves it, further proceedings under section 93 shall be taken. If the Senate disapproves the bill, the provisions of section 176 paragraph two shall apply mutatis mutandis. In the consideration of the annual appropriations bill, the supplementary appropriations bill and the transfer of appropriations bill, a member of the House of Representatives shall not submit a motion adding any item or amount to the bill, but may submit a motion reducing or abridging the expenditures which are not expenditures according to any of the following obligations:
1) money for payment of the principal of a loan;
2) interest on a loan;
3) money payable in accordance with the law.
In the consideration by the House of Representatives or a committee, any proposal,
submission of a motion or commission of an act, which results in direct or indirect
involvement by members of the House of Representatives, senators or members
of a committee in the use of the appropriations, shall not be permitted.
In the case where members of the House of Representatives or senators of not
less than one-tenth of the total number of the existing members of each House
are of the opinion that the violation of the provisions of paragraph six has
occurred, they shall refer it to the Constitutional Court for decision and the
Constitutional Court shall decide it within seven days as from the date of its
receipt. In the case where the Constitutional Court decides that the violation
of the provisions of paragraph six has occurred, such proposal, submission of
the motion, or commission of the act shall be ineffective.
Section 181
The payment of State funds shall be made only when it has been authorised by
the law on appropriations, the law on budgetary procedure, the law on transfer
of appropriations or the law on treasury balance, except that it may be prepaid
in the case of urgent necessity under the rules and procedure provided by the
law. In such case, the expenditure estimates for reimbursement must be set aside
in the Transfer of Appropriations Act, the Supplementary Appropriations Act,
or the Annual Appropriations Act for the following fiscal year, or except it
is the case under section 230 paragraph two.
Section 182
The House of Representatives and the Senate are, by virtue of this Constitution, vested with the power to control the administration of the State affairs.
Section 183
Every member of the House of Representatives or senator has the right to interpellate a Minister on any matter within the scope of his or her authority, but the Minister has the right to refuse to answer it if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the State.
Section 184
In the administration of the State affairs on any matter which involves an important
problem of public concern, affects national or public interest, or requires
urgency, a member of the House of Representatives may notify the President of
the House of Representatives in writing prior to the commencement of the sitting
of the day, that they will interpellate the Prime Minister or the Minister responsible
for the administration of the State affairs on that matter without specifying
the question, and the President of the House of Representatives shall place
such matter on the agenda of the meeting of that day.
The interpellation and the answer to the interpellation under paragraph one may be made once a week, and a verbal interpellation by a member of the House of Representatives on a matter involving the administration of the State affairs may be made not exceeding three times on each matter in accordance with the rules of procedure of the House of Representatives.
Section 185
Members of the House of Representatives of not less than two-fifths of the total
number of the existing members of the House have the right to submit a motion
for a general debate for the purpose of passing a vote of no-confidence in the
Prime Minister. Such motion must nominate the suitable next Prime Minister who
is also a person under section 201 paragraph two and, when the motion has been
submitted, the dissolution of the House of Representatives shall not be permitted,
except that the motion is withdrawn or the resolution is passed without being
supported by the vote in accordance with paragraph three.
In the submission of the motion for a general debate under paragraph one, if
it is concerned with the behaviour of the Prime Minister, which involves circumstances
of unusual wealthiness, exhibits a sign of malfeasance in office or intentionally
violates the provisions of the Constitution or law, it shall not be submitted
without the petition under section 304 having been presented. Upon the submission
of the petition under section 304, it may be proceeded with without awaiting
the outcome of the proceedings under section 305.
If the general debate is concluded with a resolution not to pass over the agenda
of the general debate, the House of Representatives shall pass a vote of confidence
or no-confidence. Voting in such case shall not take place on the date of the
conclusion of the debate. The vote of no-confidence must be passed by more than
one-half of the total number of the existing members of the House of Representatives.
In the case where a vote of no-confidence is passed by not more than one-half
of the total number of the existing members of the House of Representatives,
the members of the House of
Representatives who submit the motion for the general debate shall no longer
have the right to submit another motion for a general debate for the purpose
of passing a vote of no-confidence in the Prime Ministers throughout the session.
In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the House of Representatives, the President of the House of Representatives shall submit the name of the person nominated under paragraph one to the King for further appointment and section 202 shall not apply.
Section 186
Members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House of Representatives have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister.
The provisions of section 185 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.
Section 187
Senators of not less than three-fifths of the total number of the existing members
of the Senate have the right to submit a motion for a general debate in the
Senate for the purpose of requesting the Council of Ministers to give statements
of fact or explain important problems in connection with the administration
of the State affai