1st Draft of the Constitution of the Kingdom of Thailand - BOOK II.1

Unofficial translation

CONSTITUTION OF THE KINGDOM OF THAILAND

BOOK II

GOOD LEADERSHIPS AND DESIRABLE POLITICAL SYSTEM

                       

CHAPTER 1

Good Leadership and Desirable Political System

                       

                        Section 73.   A political leader, both national and local levels, who dedicates himself to perform public duties shall be good citizen, sacrificed, honest, accountable to the performance of duties, the Country and the people, being role model of the people, adhering to ethics and governance, pledging his loyalty to the nation, religious and the King, and serving the public to the utmost degree.  Such political leaders are, viz.

                        (1) a candidate in an election at all levels;

                        (2) a person holding any political position both in national and local levels.

                        Other leaders in public sector are required to behave as if the political leader under paragraph one as imposed by virtue of law.

                        Section 74.   The ethical standard of political leader and each kind of State official shall be in accordance with the Code of Ethics prepared or approved by the National Moral Assembly and there shall establish the efficient mechanism and system for enforcement of the Code of Ethics as well as procedure for punishment according to gravity of violation.

                         Any act of a State official in contrary to, or violation of, the ethical standard under paragraph one is deemed to be a breach of discipline and his superior shall proceed with disciplinary procedure against him.  If the person holding political position violates or fails to comply therewith, the National Moral Assembly or the entrusted person shall conduct an investigation on such matter without delay and the National Moral Assembly shall report the result thereof to the House of Representatives, the Senate, the Council of Ministers or related local assembly as well as the Citizen Assembly for information.  In the case where the National Moral Assembly is of opinion that the disclosure of such report to public may prevent the emergence of similar violation, such report may be published.

                        After receiving the report of the National Moral Assembly, the organization under paragraph two shall proceed further with procedure under its powers and duties without re-investigation and inform the result thereof to the National Moral Assembly within the period as determined by the National Moral Assembly.  In this case, the National Moral Assembly shall make such report known to public.

                        The serious violation of, or failure to comply with, the ethical standard of the Prime Minister, Minister, member of the House of Representatives or senator shall be the ground for removal such person from office or deprivation of the right of such person to hold any political office under section 253.  In this case, the National Moral Assembly shall forward such matter to the Election Commission for further proceeding without delay.  If the person who violates or fails to comply with the ethical standard holds any other political position, the National Moral Assembly shall forward such matter to the National Assembly for removal under section 253.  The proceedings under this paragraph shall be in accordance with the law on National Moral Assembly.

                        The Election Commission shall organize the vote for the purpose of paragraph four in the next general election of the members of the House of Representatives.  In case of the person holding the position of Prime Minister or Minister, the vote shall be casted in all constituencies throughout the country, but in case of the person holding the position of member of the House of Representatives or senator, the vote shall be casted in the region where such person was elected or having domicile, as the case may be.  After the vote:

                        (1) If the majority of votes cast for removal of any person, such person shall be removed from office and the right of such person to hold political position or any other position shall be deprived for five years as from the voting date;

                        (2) In the case where the casting of votes has done when such person vacated office, if the majority of votes cast for removal of any person, the right of such person to hold political position or any other position shall be deprived for five years as from the voting date.

                        The casting of votes under this section shall be final.  The request for removal of such person from office or deprivation of the right of such person to hold political position or any other position upon the same ground shall not be made, but this is not prejudice to the proceedings of the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions.

                        In an application for a candidate in an election and in an election, selection or nomination of, or consideration on, or appointment of, any person to hold any position charged with the power to exercise State powers as well as the rotation, promotion, raising of salary or punishment of any person, the ethical behavior of such person shall seriously be taken into deliberation.

                        The National Moral Assembly shall have the powers and duties in implanting and enhancing ethics of the people as well as the person holding public position and having any other power and duty.

                        Composition, acquisition, powers and duties, inquisitional method and proceedings of the National Moral Assembly as well as any other necessary matter shall be in accordance with the law on National Moral Assembly.

                        Section 75.   The person holding political position and other leaders in public sector shall at least behave as follows:

                        (1) leaving his personal interests while exercising powers and duties and adhering to national and public interest without regard to personal benefit or interest of his political party or group;

                        (2) hearing public opinion, supporting public participation in politics, administration of State’s affairs and examination at all levels and taking public consultation result into consideration;

                        (3) giving sufficient, correct and undistorted opinion, statement or information to public;

                        (4) showing up political accountability if he or any person under his responsibility commits any wrongful act or causes any damage to the country or public;

                        (5) opposing any act done in contrary to the Constitution, laws or Code of Ethics if such act is known to him and informing the Constitutional Organizations with duties to examine the exercise of State power for information and execution under their powers and duties.

                        The person holding political position and other leaders in public sector shall not at least behave as follows:

                        (1) committing malfeasance in office for personal interest or for the interest of his political party or political group or doing any act of conflict of interest irrespective of whether such act is prohibited by this Constitution or any other law;

                        (2) violating the essential element of moral, religion or custom;

                        (3) using impolite language or causing national or religious hatred;

                        (4) being under illegally dominant or control power of any person or group of persons or acting in a manner that contrary to the code of ethics for the performance of any duty or activity;

                        (5) exercising of powers and duties to establish political popularity which may detrimental to national economic or the public in the long run;

                        (6) avoiding or guiding any person to avoid the compliance with this Constitution or laws or expressing similar opinion to public.

                        Section 76.   The internal organization, management and regulation of a political party shall be consistent with the fundamental principles of the democratic regime of government with the King as Head of State and shall not contrary to the status and the performance of duties of the member of the House of Representatives as representative of the Thai people and shall protect national and public interest.

                        The board of directors of a political party shall carry out any business of a political party in accordance with the Constitution, laws and regulations of a political party deliberately, carefully and faithfully for national and public interest and shall enhance democratic value within political party.  The provisions of section 75 shall apply to behavior of a member of the board of directors of a political party mutatis mutandis.

                        In any nomination of candidate for an election of a member of the House of Representatives both on constituency and party list basis, polling of the people or members of a political party in each constituency or region on the candidate to be nominated shall be taken into consideration.  If the list of candidates of a political party consisting of candidates of one gender more than another gender, the difference proportion of the genders shall not exceed one-thirds.  The rules and procedure related the aforesaid shall be prescribed by the Organic Law on Political Party.

                        Receiving of donation and spending of money for political activity of a political party, a candidate in an election for a member of the House of Representatives and a member of the House of Representatives whom being member of a political party shall be supervised and under responsibility of the board of directors of a political party and shall be made in accordance with the laws and upon transparency and accountability basis as prescribed by the Organic Law on Political Party and the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        A political party may request its members who are members of the House of Representatives to vote on any matter in the House of Representatives only by resolution of its members who are members of the House of Representatives.

                        If members of the House of Representatives of any political party in an amount of not less than one-fourth, or any director of the board of directors of a political party, or not less than five thousand individuals are of opinion that an internal organization, management, regulation or resolution of a political party is inconsistent with this section, such persons shall have the right to request the board of directors of a political party to correct that inconsistency for the compliance with this section.  If the board of directors of a political party fails to comply with that request or doing others, such persons shall have the right to bring the case to the Constitutional Court.

                         In the case where an internal organization, management, regulation or resolution of a political party is decided by the Constitutional Court that it is inconsistent with this section, it shall come to an end and the board of directors of a political party shall act in compliance with the decision of the Constitutional Court as soon as possible.

                        The provisions of this section shall apply with a political group established by a group of persons associated altogether with political purpose and registered with the Election Commission as appropriate.  In this regards, the Election Commission shall establish the applicable rule by consulting with the political groups under the Organic Law on Political Party.

                        Section 77.   The National Moral Assembly shall evaluate behavior of political leader and public sector leader and the National Assessment Commission shall evaluate an act of political party and political group.  An evaluation report shall be made known to such person, political party, political group and public as prescribed by law.

                        Composition, acquisition and powers and duties of the National Assessment Commission shall be prescribed by law.

CHAPTER 2

Directive Principles of Fundamental State Policies

                       

                        Section 78.     The provisions in this Chapter are intended to be used as directive principles of legislation and determination of policies.

                        Section 79.     The State shall protect and uphold the Monarchy, State independence, sovereignty and integrity of territory and jurisdiction, State security, democratic regime of government with the King as Head of State and national benefits and shall arrange for the maintenance of necessary and adequate armed forces and modern military ordnances and technology for the aforesaid purpose and for national development.

                        Section 80.     The State shall patronize and protect Buddhism as religion observed by most Thais for a long period of time and other religions and shall promote good understanding and harmony among the followers of all religions as well as encourage the application of religious principles to promote morality, concentration and wisdom of the public.

                         Section 81.     The State shall provide amicable relationship and collaboration with other States and international organizations and act incompliance with all adopted international treaties and obligations for the benefits of the State and the public on the matters of human rights, politics, national security, economics and socials, natural resources, environment, culture and development upon the ground of receptiveness of territorial integrity, equality, mutual benefits and international laws, and shall allocate appropriate resources for progressive implementation of all adopted international obligations.

                        Section 82.     The State shall act in compliance with the directive principles of fundamental State policies and shall organize working system of official tasks and other tasks of the State as follows:

                        (1) to organize working system of official tasks and other tasks of the State in accordance with the principle of good governance;

                        (2) to provide any develop and occasion to eradicate inequitableness and establish sustainable fairness;

                        (3) to strengthen decentralization, to make clear of missions, powers and duties and accountabilities among central, provincial and local administrations, and to develop any available Changwat to be a local government organization with due regard to the common will of the people of that Changwat;

                        (4) to provide efficient measures for prevention and suppression of corruption in both public and private sectors;

                        (5) to provide measure for supervision and control of the exercise of State powers for the benefit of the nation and the public;

                        (6) to provide lives and properties safety protection to the people and to render comprehensive, convenient and efficient services to the people;

                        (7) to promote State officials to perform their duties in ethical manner and to provide protection thereto.

                        If any local government organization, community or person is capable to provide any public service better than the State, the State may commit such local government organization, community or person to do that mission under appropriate supervision of the State.

                        Section 83.     The State shall strengthen local community in the following matters:

                        (1) participation with government agency and local government organization for the development and determination of any policy, plan and budget related to local development;

                        (2) preservation, maintenance and exploitation of natural resources in the community sustainably;

                        (3) protection and maintenance of environment and health and promotion of better living, both economic and social perspective, and harmonization of people in the community and between communities;

                         (4) promotion and conservation of traditional convention, arts and culture and local and national wisdom;

                        (5) protection of indigenous and ethnic groups to maintain their identities with dignity.

                        The State shall promote and support intensified public participation with the State, community and locality for the execution of this section.

                        Section 84.     The State shall provide, foster and support education at all levels and forms as follows:

                        (1) supporting the provision of learner-centered education and training so as to develop knowledge, moral, mentality, intellectual and life skill of person which is suitable for and compliant with national requirement and the changing of national and global economic and social changes;

                        (2) preparing continual education policy;

                        (3) providing sufficient basic budget for education;

                        (4) improving education curriculum at both national and local levels for the compliance with geosocial and global development;

                        (5) developing teacher, education personnel and local intellectuals and systemizing payment and benefits of teachers and education personnel of State and private personnel with a view to eradicate inequality;

                        (6) promoting and supporting education, research and development in science, technology and innovation and disseminating information thereof and providing protection to intellectual property and any other related benefit incurred therefrom.

                        Section 85.     The State shall protect and develop physical, mental, intellectual, and moral and ethics of child and youth, strengthen and develop unity of family institution, provide assistance and welfare to indigent, disabled or handicapped and destitute person, develop income security and other welfares system for old aged persons for their better livings upon self-reliance basis, and promote and support participation of community, local government organization and private sector in so doing.

                        Section 86.     The State shall provide and promote the public to enjoy quality and standard public health service and fundamental and necessary benefits comprehensively and equally, promote the use of local and Thai wisdom in the provision of medical service, develop health and environment system emphasizing on health promotion towards sustainable health conditions of the public, and promote contribution of the community, local government organization and private entity in the provision and development of public health system.

                         Section 87.     The State shall conduct law development to be in compliance with the existing conditions and to eradicate economic and social inequality and unfairness, to repeal or revise the provisions of the existing legislations which cause unnecessary burden or procedure, to enable State organ to provide public service comprehensively, equally, conveniently, efficiently and fairly, and shall provide impact assessment of all proposed bills and shall conduct public consultation of the people affected by the enactment of laws and rules.

                        The State shall supervise the application and enforcement of laws accurately, efficiently and fairly and shall protect rights and liberties of people from violation by State official or any other person.

                        The State shall organize a working system for official tasks and judicial process so as to provide justice to the public efficiently, comprehensively, and equally at low cost, to prevent the seeking of illegal benefits from the public, to enhance the provision of legal knowledge and legal assistance to the people, to provide such dispute settlement mechanism as community justice and alternative dispute resolutions, and to promote participation of the people and professional organizations in judicial process and in the provision of legal assistance.

                        Section 88.     The State shall promote and support the application of the philosophy of sufficient economy for the balance, stable and sustainable development at all levels.

                        The State shall encourage fair and free economic system, eradicate economic and social inequality and unfairness, immerse sustainable development, promote the application of good governance in all business and promote and support private organization to participate in both national and local economic development in order to strengthen national economy, and shall protect, promote and extend jobs’ opportunities of the people and shall prevent both direct and indirect monopoly.

                        The State shall refrain from any engagement in an enterprise in competition with the private; provided that, it is necessary for the maintenance of State security, preservation of public benefit or provision of public utilities.

                        The State shall support the carrying out of small and medium enterprise, community enterprise and social enterprise, promote and support goods and services related to local and Thais wisdom, promote co-operatives system, and develop quality and sustainable national tourism.

                        Section 89.     The State shall, in relation to determining of public monetary and fiscal policies and spending of State’s Fund, uphold the principle of fiscal disciplinary and sustainability and worthiness spending of State’s Fund, provide monetary and fiscal system for society, provide fair and efficient tax system for the greatest benefit of the public in response of the changing of economic and social conditions, allocate budget with due regard to the equality of sex and other aspects of equality, provide the mechanism to prevent populism in the administration of State’s affair which may cause national and individual economic damage in the long run, and shall provide efficient mechanism for examination and disclosure of State’s Fund.

                        Section 90.     The State shall promote people at working age to work and provide aging people to have appropriate work, provide protection to labor who is a child, woman, the disabled or the handicapped, sick labor and any other labor with similar problem, provide labor relation and social security system, and shall ensure worker to obtain fair wages, benefits and welfares upon indiscrimination basis.

                        Section 91.     The State shall ensure the people to have access to public services comprehensively and equally.

                        The State shall provide fundamental public utilities which are necessary for livelihood of the people and shall prevent such public utilities from monopolization of private sector which may be harmful to the State or may cause excessive cost to the people or may obstruct the opportunity of the people to get access to such public utilities.

                        Section 92.     Natural resources are national resources for public interest.  The State shall manage natural resources for the greatest benefit of the State, the public and community at both national and local levels and shall conduct environmental management in accordance with the principle of environmental governance and sustainable development for the balancing of economic, social, environmental and cultural development.

                        The State shall promote, maintain and protect environmental quality and control and removal of pollution through effective measure, and shall provide equipment and mechanism in order to support, promote and protect the living of people in sound and safe environmental conditions and to provide environmental justice.

                        The State shall provide management plans for water, forest, marine and biological diversity resources as well as other resources and shall implement those plans systematically and sustainably for public benefit in accordance with the principles of fair access to natural resources, economic and social conditions, natural environment and way of life of local community.

                        The State shall provide urban and rural planning and development integrally, the national land use system with sustainable standard of land use and appropriate and fair distribution of landholdings and land use.

                        The State shall promote and support participation of the people, local community and local government organization for an implementation of this section.

                         Section 93.     The State shall assure energy security, regulate the business related to, and the consumption of, energy and alternative energy standardly, efficiently, fairly and worthily with regard to the effect to the health of the people, community and environment, support the production and consumption of renewable energy at the greatest capacity and promote and support research and development related to all sorts of energy continually and systematically, and shall enhance the people, community, local government organization and private sector to take part in energy conservation and production for self-consumption and for sale.

                        Section 94.     The State shall, with regard to participation of the public, community and local government organization, promote arts and culture to be the fundamental identity of the nation and community, conduct culture management in order to develop economic value-added and provide public space for arts and culture activities.  In this regards, the State shall promote and support public, community and local administration participation in so doing.

                        Section 95.     The State shall promote sports’ development to develop health and quality of lives of the people and for the excellent at all levels, and shall provide systematic, modern and standard sports management comprehensively and fairly.

CHAPTER 3

National Assembly

                       

Part 1

General Provisions

                       

                        Section 96.     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.

                        No citizen shall be a member of the House of Representatives or the Senate simultaneously.

                         Section 97.     The President of the House of Representative is President of the National Assembly.  The President of the Senate is Vice-President of the National Assembly.

                        If there is no President of the House of Representatives or he is absent or unable to perform his duties, the President of the Senate shall act as President of the National Assembly.  In the case where there is no both President of the House of Representatives and the President of the Senate or neither of them are absent or unable to perform their duties, the Vice-President of the House of Representatives or the Vice-President of the Senate shall act as President of the National Assembly respectively.

                        The President of the National Assembly shall have the powers and duties as prescribed by this Constitution and shall conduct the proceedings of the National Assembly at the joint sittings in accordance with the rules of procedure.

                        The President of the National Assembly and the person acting as President of the national Assembly shall be impartial in the performance of duties.

                        The Vice-President of the National Assembly shall have the powers and duties as prescribed by this Constitution and as entrusted by the President of the national Assembly.

                        Section 98.     An Organic Law bill and a bill may be enacted as law only by and with the advice and consent of the National Assembly and when the King’s signature has been given or deemed to be given thereto under this Constitution; it shall come into force upon its publication in the Government Gazette.

                        Section 99.     Members of the House of Representatives or senators of not less than one-tenth of the total number of the existing number of each House shall 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 116 (3), (4), (5), (6), (7), (8), (9), (10), (11) or (12) or section 128 (3), (4), (5), (6), (7), (8) or (9), as the case may be, and the President of the House with whom the complaint is lodged shall refer to the Constitutional Court for decision as to whether the membership of such person has terminated.

                        When the decision is made, the Constitutional Court shall notify that decision to the President of the House of which the complaint was lodged under paragraph one.

                        In the case where the Election Commission is of opinion that membership of any member of the House of Representatives or any senator has terminated under paragraph one, it shall refer the matter to the President of the House of which such person is a member and the President of that House shall then refer it to the Constitutional Court for decision under paragraph one and paragraph two.

                         Section 100.  Members of the House of Representatives or senators of not less than one-fourth of the total number of the existing number of each House shall, if they are of opinion that an act or behavior of any member of the House they are members is detrimental to the dignity of the membership of the House of Representatives or senator, have the right to lodge with the President of the House of which they are members a complaint requesting the House of Representatives or the Senate to pass a resolution removing such member from office.

                        The resolution of the House of Representatives or the Senate under paragraph one shall be made by the votes of not less than three-fourths of the total number of the existing members of each House.

                        Section 101.  If a member of the House of Representatives or senator vacates office when his membership has terminated or after the date the Constitutional Court has decided that his membership has terminated, such vacation from office shall not prejudice to any act done by such member while he was in office, including the receiving of salary or other benefits he received prior to the vacation from office or prior to the date the President of the House he is member receiving the decision of the Constitutional Court, as the case may be; provided that, he vacates office on the ground that he was election or selected illegally under the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.  In this case, such person shall redeem all salaries and benefits he received while being in office to the State.

                        Section 102.  In the case where this Constitution requires an enactment of any Organic Law, Act or Rule or an implementation of any act for the compliance with this Constitution, but the person having duty to propose or consider such law or rule or to conduct such act fails to do so within the period imposed by this Constitution or within a reasonable period if that period has not been imposed by this Constitution and such failure causes the application of this Constitution ineffectively, it shall be deemed that the Council of Ministers, the head of the responsible government agency, a member of the House of Representatives or a senator having duty to propose or consider such law or rule or to conduct such act omits the performance of his duty.  If such omission causes any damage, the injured person shall have the right to bring the case against the State for compensation.

  

Part 2

House of Representatives

                       

                        Section 103.  The House of Representatives consists of not less than four hundred and fifty members but not more than four hundred and seventy members, comprising two hundred and fifty members from election on constituency basis and not less than two hundred but not more than two hundred and twenty members from election on party list basis.

                        An election of the members of the House of Representatives shall be made by direct suffrage and secret ballot via electronic or any other means, and voting for the members of the House on each basis shall be separated.

                        The rules and procedure for an election of the members of the House of Representatives in order to acquire the proportional mixed-members between the members elected on constituency and party list basis shall be in accordance with the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        In the case where there is, in a general election, any circumstance resulting the number of the members of the House of Representatives elected in that election being less than four hundred and fifty but not less than ninety percent of the number of four hundred and fifty,[1] the number of such members is deemed to constitute the House of Representatives.  In this case, the acquisition for the shortfall of the number of the members of the House of Representatives as prescribed by paragraph one shall be completed within one hundred and eighty days as from the date such circumstance has occurred and the members acquired under this condition shall hold office for the remaining term of the House of Representatives.

                        In the case where the office of a member of the House of Representatives becomes vacant for any reason resulting the number of the members of the House of Representatives elected on constituency basis being less than the number as prescribed by paragraph one and an election of a member of the House of Representatives has not been held to fulfill the vacancy, the House of Representatives shall consists of the existing numbers of members of the House.

                        If the number of the members of the House of Representatives elected on party list basis is less than two hundred in number during the term of the House of Representatives by any reason, it shall be deemed that the members of the House elected on party list basis consist of the existing members.

                         Section 104.  In an election of the members of the House of Representatives on constituency basis, each eligible voter in each constituency shall have the right to cast votes for one candidate.

                        The number of inhabitants to one member of the House shall be calculated by averaging the number of inhabitants throughout the country as evidenced in a census announced in the year preceding the year of election by the number of two hundred and fifty members of the House of Representatives.

                        In determining the number of the members of the House of Representatives of each Changwat, the average number calculated under paragraph two shall be benchmark.  Any Changwat with lower inhabitants than the benchmark under paragraph two shall have one member of the House; any Changwat with more inhabitants than the benchmark shall have an additional member of the House for every such number of inhabitants attaining the benchmark number of inhabitants per member.

                        If the total number of the members of the House of Representatives of each Changwat calculated under paragraph three is less than two hundred and fifty, a Changwat with the largest fraction remaining from the calculation under paragraph two shall have additional member of the House, and the addition of the members of the House in accordance with such procedure shall apply to other Changwat in descending order of fractions remaining from the calculation under paragraph three until the number of two hundred and fifty is fulfilled.

                        In a Changwat with not more than one member of the House of Representatives, the whole area of such Changwat shall be regarded as a constituency.  In a Changwat with more than one member of the House of Representatives, the whole area of such Changwat shall be divided into constituencies and each constituency shall have one member of the House of Representatives.  In dividing constituencies in a Changwat with more than one constituency, each constituency shall consist of connected areas and the number of inhabitants of each constituency shall be approximated.

                        Section 105.  In an election of the members of the House of Representatives on party list basis, an eligible voter shall vote for a list of candidates proposed by political parties or political groups and may spell out a candidate named in the list whom he wants to cast his vote for in particular.

                        If any list of candidates of any political party or political group is voted over the benchmark for allocation of members of the House of Representatives, such political party or political group shall have the number of the members of the House of Representatives as prescribed by the benchmark.  In this case, the candidate of each list whom voted by the eligible voters in order shall be deemed to be elected and the Election Commission shall publish the name of the elected, in order, of such political party or political group.

                         Section 106.  For the purpose of an election on party list basis, the whole area of the country is deemed to be six regions and each region is deemed to be a constituency.

                        Each region composes of a group of Changwat with adjacent physical boundaries and the number of inhabitants of each region as evidenced in a census announced in the year preceding the year of election shall not be approximate with others.

                        The preparation of party list, the number of candidates to be in the list, the submission of party list and other related matters shall be provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 107.  The calculation for the number of the members of the House of Representatives in which each political party or political group shall obtain in an election shall be as follows:

                        (1) the total number of votes which all political parties or political groups obtained from all regions in an election on party list basis shall be counted altogether for the calculation of the proportion of the number of the members of the House of Representatives in which each political party or political group shall have at the national level;

                        (2) the number of the members of the House of Representatives which each political party or political group obtained in an election on constituency basis shall be compared with the number of the total members of the House of Representatives in which each political party or political group shall have under (1) so as to calculate the number of the members of the House of Representatives on party list basis in which each political party or political group shall have under (3) or (4), as the case may be;

                        (3) if the number of the members of the House of Representatives which each political party or political group shall have under (1) is more than the total number of the members of the House of Representatives which that political party or political group obtained from an election on constituency basis from all constituencies, that political party or political group shall obtain additional number of the members of the House of Representatives to reach the number of the members of the House of Representatives as calculated under (1);

                        (4) if the number of the members of the House of Representatives which each political party or political group shall have under (1) is equal to or less than the total number of the members of the House of Representatives which that political party or political group obtained from an election on constituency basis from all constituencies, that political party or political group shall have the members of the House of Representatives only whom elected on constituency basis;

                         (5) if the total members of the House of Representatives calculated under (3) is more than two hundred and twenty in number, the number of the members of the House of Representatives of each political party or political group on party list basis shall be deducted proportionally to two hundred and twenty in number.

                        The calculation of the number of the members of the House of Representatives under (3) to a political party or political group in each region shall be made by averaging the proportion of votes in which that political party or political group obtained in that region and the total number of votes of that political party or political group obtained throughout the country under (1).

                        The rules and procedure for calculation under paragraph one and paragraph two and the calculation by other means in the case of re-election or other cases shall be provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 108.  A person having the following qualifications has the right to vote at an election:

                        (1) being of Thai nationality; provided that a person acquiring Thai nationality by naturalization must hold Thai nationality for not less than five years;

                        (2) being not less than eighteen years of age on the 1^st of January of the year of the election; and

                        (3) having his name registered in the house register in the constituency for not less than ninety days up to the election day.

                        A voter residing outside the constituency in which he is registered in the house register or whose name has been registered in the house register in the constituency less than ninety days up to the election day or residing outside the Kingdom and enrolling for vote shall have the right to cast vote in an election in accordance with the rules, procedure and conditions provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 109.  A person under any of the following prohibitions on the election day is disfranchised:

                        (1) being a Buddhist priest, novice, monk or clergy;

                        (2) being under suspension of the right to vote by judgment;

                        (3) being detained by a warrant of the Court or by a lawful order;

                        (4) being of unsound mind or mental infirmity.

                        Section 110.  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 any of the following qualifications in case of a candidate in an election on constituency basis;

                               (a) having his name registered in the house register in Changwat which is a constituency for not less than five consecutive years up to the election day;

                              (b) having a place of birth in Changwat which is a constituency;

                              (c) having been studied in an education institution located in Changwat which is a constituency for at least four consecutive academic years;

                              (d) having been served official service in, or having his name registered in the house register in, Changwat which is a constituency for at least five consecutive years;

                        (4) having any of the qualifications under (3) in case of a candidate in an election on party list.  In this case, Changwat means any Changwat within the same region;

                        (5) presenting copies of tax filing forms three years backward to the Election Commission; provided that he is a person with no income and exempted to file tax under the provisions of law;

                        (6) other qualifications as provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 111.  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 narcotics:

                        (2) being bankrupt or having been dishonestly bankrupt;

                        (3) being disfranchised under section 109 (1), (2) or (4);

                        (4) having been sentenced by a judgment 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 judgment to imprisonment except for an offence through negligence or a pretty offence;

                        (6) having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the grounds of dishonest performance of duties or deemed as having committed dishonest acts and malfeasance in official service;

                        (7) having been ordered by a judgment or an order of the Court that his assets shall vest in the State on the grounds of unusual wealth or unusual increase of assets;

                        (8) having been ordered by a judgment or lawful order that he committed dishonest acts and malfeasance in official service or commit any act resulting in corruptible or unfair election;

                        (9) being a government official holding permanent position or receiving salary or a political official;

                        (10) being a member of a local assembly or a local administrator;

                        (11) being a senator or having been senator who vacates office for a period of less than two years;

                        (12) being an official or employee of a government agency, State agency or State enterprise or any other State official;

                        (13) being a judge, an Election Commissioner, a State Audit Commissioner, a National Counter Corruption Commissioner or a Human Rights Ombudsman;

                        (14) being under the prohibition from holding a political position under section 254;

                        (15) having been removed from office or having been deprived of the right to hold political position or any other position;

                        (16) other prohibitions provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 112.  A candidate in an election of the members of the House of Representatives shall be a member of political party or political group.

                        A political party or political group which nominates candidates in an election of the members of the House of Representatives on party list basis in any region shall also nominates candidates in an election on constituency basis in such region and the number of these candidates shall not less than the number of the nominated candidates in an election on party list basis.

                        At the expiration of the nomination period, a candidate himself or a political party or political group which nominates a candidate shall not revoke a nomination or change the nominated candidates.

                        Section 113.  A candidate in an election of the members of the House of Representatives on constituency basis and the candidates list in an election on party list basis shall be elected candidate or list if the number of the votes for such candidate or list is not less than the number of the abstention vote of all candidates or lists.

                        Section 114.  The term of the House of Representatives is four years as from the election day.

                        During the term of the House of Representatives, no merger of political parties or political groups having members as members of the House of Representatives shall be made.

                        Section 115.  Membership of the House of Representatives commences on the election day.

  

                        Section 116.  Membership of the House of Representatives terminates upon:

                        (1) expiration of term or dissolution of the House of Representatives;

                        (2) death;

                        (3) resignation;

                        (4) resolution of the House of Representatives under section 100;

                        (5) being disqualified under section 110;

                        (6) being under the prohibitions under section 111;

                        (7) acting in contravention of section 252;

                        (8) resignation from membership of political party or political group of which he is a member;

                        (9) loss of membership of political party or political group in the case where the political party or political group of which he is a member is dissolved by an order of the Constitutional Court and he is unable to become a member of another political party or political group within sixty days as from the date the order of the Constitutional Court is given.  In this case, his membership shall be deemed to have terminated as from the day following the date on which such period of sixty days has elapsed;

                        (10) being under the judgment of the Constitutional Court under section 99 or being removed from office under section 253 or the Court has an order to re-election or to deprive his voting right.  In this case, his membership shall be deemed to have terminated as from the date he removed or the date the Court has such judgment or order, as the case may be;

                        (11) having been absent from the meeting more than one-fourth of the total number of days in each session without permission of the President of the House of Representatives or failing to present himself for voting at the meeting more than the times as provided by the rule of the meeting;

                        (12) being sentenced by a final judgment to imprisonment  notwithstanding the suspension of sentence, except for an offence committed through negligence, a petty offence or a defamation offence.

                        Section 117.  The King shall, upon the expiration of the term of the House of Representatives or the House is dissolved, issue a Royal Decree calling for a general election of the members of the House of Representatives.  In this regards, the Election Commission shall fix the election day within forty-five days as from the expiration date of the term of the House and the election day must be the same day throughout the Kingdom.

                        If an election at any polling station is unable to be made on the election day under paragraph one by whatever reasons, the Election Commission shall fix a new voting day for that polling station or act in any manner whatsoever in order to finish an election of that polling station.  In this case, the election result of the constituency where such polling station is located shall be disclosed when voting at all polling stations is finished under the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 118.    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 by a Royal Decree.  In this regards, the Election Commission shall fix the election day during forty-five to sixty days as from the day the House of Representatives has been dissolved.  The election day shall be the same day throughout the Kingdom and the provisions of section 117 paragraph two shall apply mutatis mutandis.

                        The dissolution of the House of Representatives may be made only once under the same circumstance.

                        Section 119.    If a member of the House of Representatives vacates office by any reason other than vacation from office at the expiration of the term of office or the House of Representative is dissolved;

                        (1) in case of a member elected on constituency basis, an election to fulfil the vacancy shall be held within forty-five days as from the vacancy date; provided that, the remaining term of the House of Representatives is less than one hundred and eighty days.  In this case the provisions of section 107 shall not apply;

                        (2) in case of a member elected on party list basis, the President of the House of Representatives shall, by publication in the Government Gazette within seven days as from the date of the vacancy, nominate the candidate whom voted by the eligible voters in the next order as published by the Election Commission under section 105 paragraph two to fulfil the vacancy.  If no such candidate to be nominated, the House of Representatives shall consist of the existing members.

                        Membership of the member of the House of Representatives under (1) shall commence as from the day on which the election day and membership of the member under (2) shall commence as from the day following the date of the publication of the name of the replacing member in the Government Gazette.  The replacing member shall remain in office for the remaining term of the House of Representatives.

                        Section 120.    After the Council of Ministers has assumed the administration of State affairs, the King may appoint a member of the House of Representatives who is the leader of the political party or political group having its members holding no ministerial positions and having the largest number of members among the political parties or political groups having their members holding no ministerial positions, but of not less than one-fifth of the total number of the members of the House of Representatives at the time of the appointment, to be the Leader of the Opposition in the House of Representatives.

                        If there is no such political party or political group under paragraph one, the leader of the political party or political group having support from the members of the House of Representatives of the political parties or political group having their members holding no ministerial positions shall be the Leader of the Opposition in the House of Representatives.  In case of an equality of support, The decision shall be made by drawing lots.

                        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 under paragraph one or paragraph two, as the case may be, and section 133 paragraph four shall apply mutatis mutandis. In this case, the King may appoint the new Leader of the Opposition in the House of Representatives to fulfill the vacancy.

Part 3

Senate

                       

                        Section 121.    The Senate consists of not more than two hundred members in which each Changwat shall have one elected member while the remaining number of the members shall be elected by representatives and selected under the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators as follows: 

                        (1) members who having been civil services holding position of Permanent Secretary or equivalent which is an administrative position, military officials who having been Permanent Secretary of the Ministry of Defense, Commander in Chief or Commander of the Armies.  Each peer shall elect ten representatives among themselves to be members;

                        (2) not more than fifteen members whom the representatives of the professional council or organizations or professions established by law elected among themselves;

                        (3) not more than thirty members whom the representatives of the agriculture, labor, academic, community and local organizations elected among themselves;

                        (4) fifty-eight members selected from qualified persons with morals in the fields of politics, security, administration of State Affairs, law and justice, local administration, education, economics, public health, environment, town planning, natural resources, energy, science and technology, social, ethnics, religions, art, culture, consumer protection, child and youths, women, person with disability, person with disadvantage, local intellectuals, self-employed and others fields;

                        (5) members elected from each Changwat on the basis of one Changwat per one member.  In this case, each Changwat shall have not more than ten qualified and moral candidates to be elected.  If the number of Changwat increases, the number of the members under (4) shall be deducted and that number shall be added as the member under (5).

                         There shall be the Selective Committee under (4) to find out the qualified persons to be nominated as senators in the number as prescribed by paragraph one.  The qualified persons under (4) shall have the right to be a candidate in an election under (5).

                        There shall be the Candidates Screening Committee to find out and screen not more than ten qualified and moral persons in each Changwat so as to be candidates to be voted by eligible voters in each Changwat under (5).  This election shall be made by direct suffrage and secret ballot and the whole area of each Changwat is deemed to be one constituency.

                        Subjected to section 141, if the number of senators is less than eighty-five percent of the total number of senators as notified by the notification on obtaining of senators by whatever reasons, no meeting of the senators shall be held.  In this regards, the procedure under paragraph one shall complete so as to fulfill the shortfall senators within ninety days as from the occurrence day of such circumstance.  The newcomer senator shall be in office for the remaining term of office of the senator he replaces.

                        The number of the qualified persons and representatives as well as the rules, procedure and conditions for the election under (1), (2) and (3) including the selection under (4) and the find out and screening and campaigning of candidates and the election under (5) shall be provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 122.    Upon the vacancy of a senator by whatever reasons and the election or selection for the fulfilment of the vacancy has not yet completed, the Senate shall consist of the remaining senators.

                        Section 123.    A candidate or nominee to be a senator shall have the following qualifications:

                        (1) being of Thai nationality by birth;

                        (2) being of not less than forty years of age on the date the notification for obtaining of senators is published;

                        (3) having qualifications under section 121;

                        (4) having graduated with not lower than a Bachelor’s degree or its equivalent for the Senators under section 121 (1), (2), (4) and (5);

                        (5) other qualifications as provided by the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators.

                        Section 124.    A candidate or nominee to be a senator shall not have any of the following prohibitions:

                        (1) being an ascendant, a spouse or a child of a member of the House of Representatives or a person holding political position;

                         (2) holding or having held any position in a political part or political group or position of member of the House of Representatives within the period of five years before taking office;

                        (3) holding or having held position in any Constitutional Organization having duty to examine the exercise of State power within the period of two years before taking office;

                        (4) being prohibited to be a candidate in an election under section 111 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15) or (16);

                        (5) being a Minister or a person holding any political position other than a member of a local assembly or local administrator or having held that position but vacates office for not more than five years.

                        Section 125.    A senator shall not be a Minister or holding any political position or holding position in any Constitutional Organization having duty to examine the exercise of State power.

                        A senator whom his senatorship terminated for not more than two years shall not be a Minister or holding any political position or holding position in any Constitutional Organization having duty to examine the exercise of State power.

                        Section 126.    Membership of a senator elected from Changwat election basis commences on the election day and membership of a senator from election of representatives and selection basis commences on the day the notification on obtaining of senators is published.

                        Membership of a senator is six years as from the election yay or the day the notification on obtaining of senators is published under paragraph one, and no one shall be a senator for two consecutive terms.

                        At the expiration of the term of office, the senators vacating office shall remain in office to continue their duties until the acquisition of the new senators.  In this case, the President or Vice-President of the Senate who vacates office upon the expiration of the term continues to perform the duties as the President or Vice-President of the Senate until the day the notification on obtaining of senators is published by the Election Commission.  In this regards, the eldest senators in order shall be acting President and Vice-President of the Senate respectively until an election of the President or Vice-President of the Senate.

                        Section 127.  The King shall, upon the expiration of the term of office of the senators elected from Changwat election basis, issue a Royal Decree calling for a general election of the members of this kind of senators.  In this regards, the election day shall be fixed within sixty days as from the expiration date of the term of office of the senators of that kind and the election day must be the same day throughout the Kingdom.

                         Upon the expiration of the term of office of the senators from election of representatives and selection basis, the acquisition for the senators of those kinds shall be finished within ninety days as from the expiration date of the term of office of the senators of those kinds.  In this regards, the acquisition of each kind of senator under section 121 shall begin on the same day.

                        Section 128.  Senatorship terminates upon:

                        (1) expiration of the term of office;

                        (2) death;

                        (3) resignation;

                        (4) being dismissed by the resolution of the Senate under section 100;

                        (5) being disqualified under section 123;

                        (6) being under the prohibitions under section 124;

                        (7) acting in contravention of section 125 or section 252;

                        (8) being removed from office by the decision of the Constitutional Court to terminate his senatorship under section 99, being removed from office under section 254 or the Court has an order to reorganize the acquisition procedure for obtaining of senators or to revoke the election.  In such cases, senatorship is deemed to be terminated as from the date of removal or the date the decision or order of the Court, as the case may be, has been made;

                        (9) having been absent from the meeting more than one-fourth of the total number of days in each session without permission of the President of the Senate or failing to present himself for voting at the meeting more than the times as provided by the rule of the meeting;

                        (10) being sentenced by a final judgment to imprisonment  notwithstanding the suspension of sentence, except for an offence committed through negligence, a petty offence or a defamation offence.

                        Section 129.    When the office of a senator becomes vacant under section 128, the acquisition for the new senator to fulfill the vacancy shall finish within ninety days as from the day the office becomes vacant.  In this regards, the new senator shall remain in office for the remaining term of office of the senator he replaces.  In the case where the term of office of a senator who vacates office is less than one hundred and eighty days, the acquisition for the new senator may be omitted.

                        Section 130.    In the case where the provisions of this Constitution require the Senate to consider any person to hold any position, the Senate shall appoint a committee having the duty to probe background, general behavior and ethical behavior of the nominee and to gather necessary fact and evidences so as to report to the Senate for further consideration in accordance with the rules of the meeting of the Senate.

                         In the case where the Senate has to provide recommendation on the person whom nominated by the Prime Minister to constitute the Council of Ministers or to be a Minister, it shall proceed with the procedure under paragraph one, but no resolution on approval or disapproval shall be made.  The recommendation shall be informed to the Prime Minister and shall be published for public acknowledgement.  This procedure shall finish within fifteen days as from the date the Senate receiving the name of such person from the Prime Minister.

Part 4

Provisions Applicable to Both Houses

                       

                        Section 131.    Members of the House of Representatives and senators are representatives of the Thai people and free from any mandate, commitment or control and shall honestly perform their duties for the common interests of the Thai people without conflict of interest.

                        Section 132.    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 is a member in the following words:

                        “I, (name of the declarer), do solemnly declare that I shall perform my duties in accordance with the honest dictates of my conscience for the common interests of the Thai people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

                        Section 133.    The House of Representatives and the Senate shall each have one President and two Vice-Presidents as appointed by the King from the members of such House in accordance with its resolution.

                        At the first instance, the President of the House of Representatives shall be elected to chair the meeting.  The member of the House of Representatives whom elected by the majority of votes shall be President of the House of Representatives.  After the appointment of the Council of Ministers, two Vice-Presidents of the House of Representatives shall be elected whereby the first Vice-President shall be the member of the political party or a political group having seat in the House of Representatives under section 120.

                        The President and Vice-Presidents of the House of Representatives hold offices until the expiration of the term or the dissolution of the House.

                         The President and Vice-Presidents of the Senate hold offices until the day before the election day for the new President and Vice-Presidents of the Senate which shall be carried out every three years.

                        The President and Vice-Presidents of the House of Representatives and the Senate vacate office before the expiration of the term of office under paragraph three upon:

                        (1) termination of membership of the House of which he is a member;

                        (2) resignation;

                        (3) being the Prime Minister, Minister or holding any political official position;

                        (4) being sentenced by a judgment to imprisonment notwithstanding the case is not come to an end or the suspension of the execution of imprisonment has been granted, except for an offence committed through negligence, a petty offence or a defamation offense.

                        While being in the office, the President and Vice-Presidents of the House of Representatives shall not be members of the Executive Committee or holding any position in a political party or political group simultaneously, and shall not attend the meeting of a political party or political group.

                        Section 134.    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 shall have the powers and duties as entrusted by the President and shall act on behalf of the President when the President is absent or unable to perform his duties.

                        The President of the House of Representatives, the President of the Senate and the persons who act on their behalf shall be impartial in the performance of duties.

                        In the case where the President and Vice-Presidents of the House of Representatives or the President and Vice-Presidents of the Senate are absent, the members of each House shall elect one among themselves to preside over that sitting.

                        Section 135.    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; provided that, the consideration of interpellation under section 165, the House of Representatives and the Senate may otherwise prescribe a quorum in the rules of procedure.

                        A resolution on any issue shall be made by a majority of votes, unless it is otherwise provided in this Constitution.

                        In casting vote, each member shall have 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 shall disclose such record at the place where public entry for inspection is allowed, except for voting by secret ballot.

                        The casting of votes to elect or give approval to a person for holding office shall be in camera, unless otherwise provided in this Constitution.  Each member is independent and shall not be bound by the resolution of political parties, political group, person or any other mandate.

                        Section 136.    Subject to section 103 paragraph four, the National Assembly shall, within thirty days as from the date of the election of the members of the House of Representatives, be summoned for the first sitting.

                        Each year, there shall be a 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.

                        Subject to section 181 and section 182, during the legislative ordinary session, the National Assembly shall hold a sitting only in such cases as prescribed in Book I Chapter 1 The King 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 hearing and 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, except where 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, to consider other matters.

                        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 137.    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 or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.

                        When it is necessary for the interests of State, the King may convoke an extraordinary session of the National Assembly.

                        Subject to section 138, the convocation, the prolongation of session and the prorogation of the National Assembly shall be made by a Royal Decree.

                        Section 138.    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 the 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 139.    Subject to section 31 and section 299, words expressed in giving statements of fact or opinions or in casting the vote by any member at a sitting of the House of Representatives or the Senate or at a joint sitting of the National Assembly 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 without permission of the member presiding the sitting or the member presiding the sitting orders such member cease that expression or the words broadcasted through radio, television or any medium 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 procedure of that House, without prejudice to the right of such person to bring the case before the Court.

                        The privilege provided in this section 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, television or any medium with the permission of the President of such House mutatis mutandis.

                        Section 140.    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 is a member is obtained or he is arrested in flagrante delicto or in an offence of malfeasant in office.

                         In the case where a member of the House of Representatives or a Senator has been arrested in flagrante delicto, it shall be reported forthwith to the President of the House of which he is a member and such President may order the release of the person so arrested.

                        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 is a member is obtained or it is a case of malfeasant in office or it is a case concerning the Organic Law on Election of Members of the House of Representatives and Obtaining of Senators, the Organic Law on Election Commission or the Organic Law on Political Party and Political Group; 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.

                        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 release as soon as the President of the House of which he 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 141.    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 of the Senate under section 7 paragraph two or a sitting at which the Senate shall act as the National Assembly under section 19, section 21, section 22, section 23 and section 192;

                        (2) a sitting at which the Senate shall consider of a person for holding office under the provisions of this Constitution or express an opinion under section 130 paragraph two or paragraph three;

                        (3) other utmost necessary and important case which is unavoidable to get the work of the Senate or legislation work going while the House of Representative is absent.

                        The President of the Senate shall present the petition to the King for the issuance of a Royal Command convoking a sitting of the Senate and countersign the Royal Command.

                        In the case under (3), members of not less than one-tenth of the total number of the existing senators may request the Constitutional Court to make a decision thereon.

                         Section 142.    A sitting of the House of Representatives and of the Senate and a joint sitting of the National Assembly shall be in public under the conditions stipulated in the rules of procedure of each House.  A sitting in camera shall be held at the request of the Council of Ministers or members of not less than one-fourth of the total number of the existing members of each House or of both Houses, as the case may be.

                        Section 143.    The House of Representatives and the Senate have the power to lay down the rules of procedure governing the election and performance of duties of the President, Vice-Presidents, matters or activities which are within the powers and duties of each standing committee, performance and quorum of committees, sittings, submission and consideration of bills and organic law bills, submission of motions, consultation, debate, passing of a resolution, recording and disclosure of the passing of a resolution, interpellation, general debate, observation of the rules and orders and other relevant matters and the power to make the codes of ethics of members and committee members and other matters for the execution under this Constitution.

                        The rules of procedure of the House of Representatives under paragraph one shall, at least, have the provisions requiring a member of the House of Representatives who is not a member of a political party or political group which its member holds the position of Minister to be the chairperson of the standing committee having the duty relating to anti-corruption or regulating and monitoring of State expenditure.

                        The rules of procedure as approved by the House of Representatives or the Senate shall, prior to its application, be submitted to the Constitutional Court for consideration of its constitutionality.  In this case the Constitutional Court shall finish its consideration within thirty days from the date of receiving of such matter.

                        If the Constitutional Court decides that any provision of the rules of procedure is unconstitutional, such provision shall lapse.  In the case where Constitutional Court decides that such provision is an essential matter or the rules of procedure as a whole is made in contravention of the provisions of this Constitution, such rules of procedure shall lapse.

                        Section 144.    The House of Representatives, the Senate and the National Assembly shall have the power to select and appoint its members to constitute a standing committee and the power to select and appoint any person, whether he is a member of the House, to constitute ad hoc committee in order to perform any act, consider or investigation or study any matter within the scope of powers and duties of the House and to report the findings to the House.  The resolution appointing ad hoc committee shall identify scope of works clearly and the scope of work of each ad hoc committee shall not be redundant.

                        The privilege provided by section 139 shall extend to the person performing duties under this section.

                         The members of a standing committee shall be in conform with or approximate to the ratio of the number of members of the House of Representatives of each political party or political group having seat in the House of Representatives.

                        While there is no such rules of procedure of the House of Representatives under section 145, the President of the House of Representatives shall determine the ratio under paragraph three.

                        The committee under paragraph one shall have the power to make an order calling for document from any person or summon any person to give statement of fact or opinion on the matter under investigation or study.  Such order shall be applicable legally as provided by law, but it shall not be applicable to a judge performing his powers and duties in trial of the case or to the personnel management of each Court and to members of the Constitutional Organization having direct duty to examine the exercise of State power under this Constitution or law.

                        In the case where the person under paragraph five is a government official, official or employee of State agency, the Chairperson of the committee shall inform the Minister who supervises and controls the agency to which such person is attached for information and to order such person to proceed with the provisions under paragraph five, but in the case of national security or for the important benefit of the State, such person shall have the right to refuse the giving of such statement or opinion.

Part 5

Joint Sittings

                       

                        Section 145.    The National Assembly shall hold a joint sitting in the following cases:

                        (1) the approval of the appointment of the Regent under section 19;

                        (2) the making of a solemn declaration by the Regent before the National Assembly under section 21;

                        (3) the acknowledgment of an amendment of the Palace Law on Succession, B.E. 2467 (1924) under section 22;

                        (4) the acknowledgment or approval of the succession to the Throne under section 23;

                        (5) the passing of a resolution for the consideration by the National Assembly of other matters during a legislative ordinary session under section 136 paragraph four;

                        (6) the approval of the prorogation of a session under section 136;

                        (7) the opening of the session of the National Assembly under section 137;

                        (8) the laying down of the rules of procedure of the National Assembly under section 146;

                        (9) the approval of the further consideration of an organic law bill or a bill under section 151 and section 161 paragraph two;

                        (10) the reconsideration of an organic law bill or a bill under section 157;

                        (11) the give approval to draft Constitution Amendment, an organic law bill or a bill under section 162 paragraph two;

                        (12) the announcement of policy under section 177 paragraph one;

                        (13) the holding of a general debate under section 180;

                        (14) the approval of national strategy or national economic and social development plan under section 179;

                        (15) the approval of the declaration of war under section 192;

                        (16) the hearing and approval of a treaty under section 193;

                        (17) the amendment of the Constitution under section 301 and section 302.

                        Section 146.    At a joint sitting of the National Assembly, the rules of procedure of the National Assembly shall apply.  While the rules of procedure of the National Assembly have not yet been laid down, the rules of procedure of the House of Representatives shall apply mutatis mutandis.

                        The provisions of section 143 paragraph three and paragraph four shall apply mutatis mutandis to the laying down of the rules of procedure of the National Assembly.

                        The provisions applicable to both Houses shall apply mutatis mutandis to the joint sitting of the National Assembly, except for the appointment of a committee.  The members of a standing committee appointed from each House shall be in conform with or approximate to the ratio of the number of members of each House.

Part 6

Enactment of an Act and an Organic Act

                       

                        Section 147.    A bill may be introduced only by the followings:

                        (1) the Council of Ministers;

                        (2) members of the House of Representatives of not less than twenty in number;

                         (3) senators of not less than forty in number;

                        (4) the Court or the Constitutional Organization having duty to examine the exercise of State power, particularly to the bill relating to organization administration and the bill in which the President of such Court or organization having charge and control of the execution of such bill; or

                        (5) citizen who are eligible voters of not less than ten thousand in number whom jointly introduce a bill under section 66 paragraph one.

                        If the bill under (2), (3), (4), or (5) is a money bill, it shall be introduced with the endorsement of the Prime Minister.

                        In case of the bill introduced by citizen under (5), the House to which such bill is introduced shall begin consideration thereon within one hundred and eighty days as from the date of receiving of such bill or the date of receiving the endorsement of the Prime Minister.  In the case where the person under (1), (2) or (3) introduces the bill having the same principle therewith, the provisions of section 66 paragraph three shall apply to the consideration of such bill.

                        For the purpose of the compliance with the provisions of Book IV Reform and Reconciliation, the National Reform Assembly and the National Reform Strategy Committee under section 279 shall have the power to introduce a bill under Book IV, but the consideration thereof shall be in accordance with section 280.

                        Section 148.    A bill shall be submitted either to the House of Representatives or the Senate, as the case may be.  A bill under section 147 (1), (2), (4) and (5) shall be submitted to the House of Representatives, but a bill under section 147 (3) shall be submitted to the Senate.

                        The bill under paragraph one shall be submitted altogether with its explanatory memorandum.

                        The bill submitted to the House of Representatives or the Senate shall be disclosed to public and public access thereto shall be convenient.

                        Section 149.    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 the transfer of expenditure estimates of the State;

                        (3) the raising of, or guarantee or redemption of, loans or any binding of State’s properties;

                        (4) currency.

                         In case of doubt as to whether a bill is a money bill which requires the endorsement of the Prime Minister or not, it shall be the power of the joint sitting of the President of the House of Representatives, the Vice-Presidents of the House of Representatives and the chairpersons of all standing committees of the House of Representatives to make a decision thereon.

                        The President of the House of Representatives shall hold the joint under paragraph two within fifteen days as from the date such case occurs.

                        The resolution of the joint sitting under paragraph two 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 150.    A bill which, at the first reading for adoption of its principle was not a money bill, had been amended by the House of Representatives or the Senate and the President of the House of Representative or the President of the Senate is of opinion that such amendment causing such bill to be a money bill, the President of the House of Representative or the President of the Senate shall suspend further consideration of such bill and shall, within fifteen days as from the day on which such case occurs, refer it to the joint sitting of the President of the House of Representatives, the Vice-Presidents of the House of Representatives and the chairpersons of all standing committees of the House of Representatives to make a decision thereon.

                        If the joint sitting under paragraph one decides that such amendment causing such bill to be a money bill, the President of the House of Representative or the President of the Senate shall refer it to the Prime Minister for endorsement.  If the endorsement is not given, the House of Representatives or the Senate shall amend it from being a money bill.

                        Section 151.    In case of a bill identified by the Council of Ministers in its policy statement presented to the National Assembly under section 177 that it is necessary for the administration of State affairs, if that bill is not approved by the House of Representatives but the votes for disapproval 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 consideration.  If the National Assembly approves that bill, each House shall then jointly appoint the committee of the National Assembly consisting of the persons, irrespective of whether they are members of the House, nominated by each House in an equal number as proposed by the Council of Ministers to consider such bill and submit the considered bill to the National Assembly for consideration.  If the National Assembly approves that bill, it shall be proceed with section 156.  In the case where the National Assembly disapproves that bill, it shall lapse.

                         Section 152.    Subject to section 202, if the House of Representatives or the Senate approves the bill submitted under section 148, that bill shall be submitted to another House for further consideration.  In this case, the latter House shall finish its consideration on such bill within sixty days, or thirty days in case of a money bill; unless that House has a resolution to extend the consideration period of that bill which shall not exceeding thirty days.  The period for consideration in this case means the period during a session and shall be counted as from the day on which that House receives such bill.

                        The period under paragraph one shall not include the period in which the bill is under the consideration of the Constitutional Court under section 155.

                        If the latter House is unable to finish its consideration of the receiving bill within the period under paragraph one, it shall be deemed that the latter House approves that bill.

                        In the case where the House of Representatives submits a money bill to the Senate, the President of the House of Representatives shall also notify the Senate that the bill so submitted is a money bill.  The notification of the President of the House of Representatives is deemed final.

                        If the notification of the President of the House of Representatives on a money bill is not made, such bill shall not be deemed to be a money bill.

                        Section 153.    Subject to section 202, if the House receiving a bill from another House finishes its consideration:

                        (1) if it totally agrees with sending House, it shall proceed with section 156;

                        (2) if it disagrees with the sending House, it shall return such bill to the sending House;

                        (3) if it make amendment to a bill, it shall return the amended bill to the sending House.  If the sending House totally agrees with such amendment, it shall proceed with section 156.  In other cases, the joint committee of the both Houses consisting of the persons, irrespective of whether they are members of the Houses, nominated by each House in an equal number as proposed by the House of Representatives to consider such bill and submit the considered bill to each House.  If the both Houses approve that bill, it shall be proceed with section 156.  In the case where either House disapproves that bill, that bill shall be suspended. 

                        The joint committee may demand documents from any person or summon any person to give statements of fact or opinion for consideration of the bill and the privileges provided by section 130 shall be extended to the person performing his 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 146 shall apply mutatis mutandis.

                         If the House receiving a bill from another House does not return the bill to the sending House within the period under section 152, it shall be deemed that the House receiving a bill from another approves such bill and it shall proceed with section 156.

                        Section 154.    In case of the bill suspended under section 153:

                        (1) if the House of Representatives suspends the bill submitted by the Senate under section 153 (2), the Senate may reconsider that bill after the expiration of one hundred and eighty days as from the date that bill was suspended by the House of Representatives.  If the Senate reaffirms the original bill by the votes of more than one-half of its existing members, it shall proceed with section 153 paragraph one (3), paragraph two, paragraph three and paragraph four.  In the case where either House disagrees with the bill approved by the jointly committee, such bill shall lapse.  If the Senate fails to reaffirm the original bill within the aforesaid period or reaffirms the original bill with not exceeding one-half of its existing members, that bill is deemed to be lapsed;

                        (2) if the Senate suspends the bill submitted by the House of Representatives under section 153 (2), the House of Representatives may reconsider that bill after the expiration of one hundred and eighty days as from the date that bill was suspended by the Senate.  If the House of Representatives reaffirms the original bill by the votes of more than one-half of its existing members, it shall be deemed that such bill has been approved by the National Assembly and it shall proceed with section 156.  If the House of Representatives reaffirms the original bill with not exceeding one-half of its existing members, that bill is deemed to be lapsed;

                        (3) if the bill is suspended under section 153 (3), the House of Representatives may reconsider that bill after the expiration of one hundred and eighty days as from the date either House disagreed therewith.  In the case where the House of Representatives reaffirms the original bill of the House of Representatives or of the Senate or the bill agrees upon by the joint committee by the votes of more than one-half of its existing members, it shall be deemed that such bill has been approved by the National Assembly and it shall proceed with section 156;

                        (4) if the suspended bill is a money bill, the House of Representatives may reconsider that bill forthwith irrespective of whether the Senate reaffirms that bill or not.  In such case, if the House of Representatives reaffirms the original bill or the bill agrees upon by the joint committee by the votes of more than one-half of its existing members, it shall be deemed that such bill has been approved by the National Assembly and it shall proceed with section 156;

                        (5) in case of a bill introduced by the citizen under section 147 (5), if that bill is lapse, members of the House of Representatives, senators or members of the both Houses in an amount of not less than one-tenth of the existing number of the both Houses may request for referendum under the Organic Law on Referendum for finding solution.

                        Section 155.    During suspension of any bill under section 153, the Council of Ministers, members of the House of Representatives, senators, the Courts or Constitutional Organization having duty to examine the exercise of State power, the National Reform Assembly and the National Reform Strategy Committee as well as citizen who are eligible voters shall not introduce a bill with the same or similar principle as the bill so suspended.

                        In the case where the House of Representatives or the Senate is of opinion that the bill introduced or submitted thereto having the same or similar principle as the suspended bill, the President of the House of Representatives or the President of the Senate shall refer that bill to the Constitutional Court for decision.  If the Constitutional Court decides that such bill having the same or similar principle as the suspended bill, such bill shall lapse.

                        Section 156.    The Prime Minister shall present the bill approved by the National Assembly to the King for His signature within twenty days as from the date of receiving such bill from the National Assembly, and the bill shall come into force as an Act upon its publication in the Government Gazette.

                        Section 157.    If the King refuses His assent to a bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly shall reconsider 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 the existing members of the both Houses, the Prime Minister shall present such bill to the King for signature once again.  If the King does not sign or 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 158.    In considering of a bill decided by the President of the House of Representatives or the President of the Senate that the essential matter of that bill relating to children, youth, women, elderly, disabled or handicapped, if the House of Representatives or the Senate does not consider it by committee of the whole, the House of Representatives or the Senate shall appoint an ad hoc committee which consists of members who are representatives of private organizations working in relation to such persons in an amount of not less than one-third of the total number of members of the committee and the total members of the committee shall compose of women and men in approximate number.

                        Section 159.    There shall be the following Organic Laws:

                        (1) Organic Law on Election of Members of the House of Representatives and Obtaining of Senators;

                        (2) Organic Law on Council of Ministers

                         (3) Organic Law on Election Commission;

                        (4) Organic Law on Political Party and Political Group;

                        (5) Organic Law on Referendum;

                        (6) Organic Law on Constitutional Court and Rules and Procedure of the Constitutional Court;

                        (7) Organic Law on Criminal Proceedings Against Persons Holding Political Positions;

                        (8) Organic Law on State Audit;

                        (9) Organic Law on Counter Corruption;

                        (10) Organic Law on Human Rights Ombudsmen;

                        (11) Organic Law on Public Finance and State Budgeting;

                        (12) Organic Law on National Reform.

                        Section 160.    An organic law bill may be introduced by the following:

                        (1) the Council of Ministers;

                        (2) members of the House of Representatives of not less than one-tenth of the total number of the existing members of the House of Representatives or members of the House of Representatives and senators of not less than one-tenth of members of the both Houses;

                        (3) senators of not less than one-fourth of the existing members of the Senate; or,

                        (4) the Constitutional Court, the Supreme Court or the Constitutional Organization having duty to examine the exercise of State power whereby the President of such Court or of such organization having charge and control of the execution of such bill.

                        Section 161.    The consideration of an organic law bill in the House of Representatives and the Senate shall be made in three readings as follows:

                        (1) voting for adoption of the principle of the bill in the first reading and considering section by section of a bill in the second reading.  The decision shall be made by the majority of votes of each House;

                        (2) voting for approval in the third reading shall be made by the votes of more than one-half the existing members in each House.

                        The provisions in relation to the enactment of an act shall apply mutatis mutandis to the enactment of an organic law bill.

                        Section 162.    If the term of the House of Representatives expires or the House of Representatives is dissolved, the draft Constitution Amendment or the organic law bill and the bill 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 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 consideration of the draft Constitution Amendment or the organic law bill and the 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 fails to make that request within the aforesaid period, such draft Constitution Amendment or the organic law bill and the bill shall lapse.  In case of a bill introduced by citizen who are eligible voters under section 147 (5) which the National Assembly has not yet approved, the newly-elected National Assembly shall continue the consideration of such bill regardless of the resolution under this section.

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[1]or not less than four hundred and five (405) members – Translators. 

N.B. As of April 17, 2015.

©2015 Pakorn Nilprapunt, Chintapun Dungsubutra, Vareerat Ratanaviboonsom and Natthanicha Aneksomboonphol, Office of the Council of State of Thailand <personal copyright>

Remark: This translation has been made within timely limit so as to portray the draft Constitution to foreigners. Any reference shall be made to Thai version.