Thailand 2007 Historical

In exercising of all State authorities, regard shall be had a human dignity, rights, and liberties as provided in this Constitution.

The rights and liberties, recognized by this Constitution expressly, by implication or by decisions of the Constitutional Court, shall be protected and directly binding on the National Assembly, the Council of Ministers, the Courts, and other State organs in enacting, applying and interpreting laws.

A person shall be able to invoke or exercise his or her human dignity, rights, or liberties in so far as it is not in violation of this Constitution or good morals of the people.

A person whose rights or liberties recognized by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit or to defend themselves in court.

A person shall be able to directly exercise his or her to bring a lawsuit to cause the State to comply with the provisions of this paragraph. However, where there already exists a law with details of the exercise of such rights and liberties enshrined in this Constitution, the exercise of the rights and liberties shall be in accordance with the provisions of the said law.

A person shall have the right to receive support, encouragement, and assistance from the State in the exercise of the rights in this paragraph.

It is prohibited to restrict a person’s rights and liberties enshrined in this Constitution except by virtue of law, which must not materially affect the important substance of such rights and liberties.

The law under paragraph one shall be of general application and shall not be intended to apply to any particular case or person; provided that the provision of the Constitution authorizing its enactment shall also be mentioned therein.

The provisions in paragraph one and paragraph two shall apply mutatis mutandis to rule of the provisions of the law.

All persons shall be equal before the law and shall enjoy equal protection under it.

Males and Females shall enjoy equal rights.

Unjust discrimination against a person on grounds of difference in origin, race, language, sex, age, physical conditions or health, economic or social status, religious belief, education or constitutionally political view, which does not contravene the provisions of this Constitution, shall not be permitted.

Measures determined by the State in order to eliminate obstacles to or to promote person’ abilities as other persons shall not be deemed as unjust discrimination under paragraph three.

Military personnel, police, government servants, other State officials, and employees of State agencies shall enjoy the same constitutional rights and liberties as the rest of the population, except for restrictions in ordinances, rules, or regulations issued by virtue of law, particularly in parts relating to politics, efficiency, and discipline or code of conduct.

A person shall enjoy the right and liberty in his or her life and person.

A Torture or brutal act or punishment by a cruel or inhumane means shall not be permitted; however, corporal punishment as provided by law shall not be regarded as punishment using cruel and inhumane means under this particular paragraph.

Arrest and custody of person are prohibited, except directed by court order or another virtue of the law.

Search of Person or act affecting the rights and liberties under paragraph one shall not be made, except virtue of the law.

In case of act affecting the rights and liberties under paragraph one, injured person, public prosecutor or other persons shall have the right to demand a halt or withdrawal of such action, and, within reasonable limits, choice of procedure or remedy for the damage that may have occurred.

A person shall enjoy the liberty of dwelling.

A person is protected for his or her peaceful habitation in and for possession of his or her dwelling place.

The entry into a dwelling without consent of its possessor or the search thereof is prohibited, except by court order or virtue of the law.

A person shall enjoy liberty of travelling and the liberty of making the choice of his or her residence within the Kingdom.

The restriction of such liberties under paragraph one is prohibited except by virtue of law, specifically for maintaining the security of the State, public peace and order or public welfare, town and country planning, or welfare of the youth.

Deporting of the Thai nationality or denied person of the Thai nationality entering into the Kingdom cannot be done.

The rights of a family member, honors, and reputation, and private life shall be protected.

To spread or publicize news or images by any means to the general public, which violates or infringes a person’s rights or those of his or her family, or private life, is prohibited, except in public interest.

A Person has a right to be protected by misfeasance of his or her private information, as well as by virtue of the law.

A person shall enjoy the liberty to communicate with one another by lawful means.

It is prohibited to check, detain, or disclose communication between or among persons, including such other acts as to gain advance knowledge of the contents of the communication, except by virtue of law, specifically to protect national security or to maintain peace and order, or good morals of the people.

A person shall enjoy full liberty to profess religion, religious sect or creed, and observe religious precept or exercise a form of worship in accordance with his or her belief; provided that it is not contrary to his or her civic duties, public order or good morals.

In exercising the liberty referred to in paragraph one, a person is protected from any act of the State, which is derogatory to his or her rights or detrimental to his or benefits on the grounds of professing a religion, a religious sect or creed or observing religious precepts or exercising a form of worship in accordance with his or her different belief from that of other.

Forced labour shall not be imposed except by virtue of the law specifically enacted for the purpose of averting imminent public calamity or by virtue of the law which provides for its imposition during the time when the country is in a state of war or armed conflict, or when a state of emergency or martial law is declared.

A person shall not be punished except for having committed an act or acts which the law at the time of commission forbade and for which the law prescribed punishment. The punishment shall not exceed what was allowed by the law in force at the time of commission of such act.

In a criminal case, it shall be presumed that the accused is not guilty.

Before a final verdict of guilt is handed down, it is prohibited to treat the accused as if he or she is guilty.

A person shall have the rights to the process of justice as follows:

1. Right of access to the process of justice that is easy, expedient, quick, available to all;

2. Basic right to the procedure process, which at least guarantees the basic right to an open trial, right to be informed of the facts, and to verify the documents adequately, right to present facts, refute, and produce witness and evidence, right to protest or refuse a judge or judges or examiners, right to be considered by judges or examiners in full quorum, and right to be explained about judgment or order;

3. A person shall have a right to a fair and correct trial, quickly and be justice;

4. The injured party, the accused, plaintiff, defendant, partner, interested party, or witness in the case shall enjoy the right to suitable treatment during the process of justice, including the right for quick investigation and the right against self-incrimination;

5. The injured party, the accused, and the witness shall enjoy the right to receive protection, assistance, remuneration from the State; compensation, and other necessary expenses by the virtue of the law;

6. Children, youth, females, the handicapped and permanently infirm shall be suitably protected during criminal procedure in case of sexual violent.

7. In a criminal case, the accused or defendant has the right for correct, quick investigation and justice; has enough opportunity to contend the case, check or to be correct informed of the facts, to have consultation by his or her advocate and temporary release.

8. In a civil case, a person has the right to receive a proper assistance from the State.

The property right of a person is protected. The extent and the restriction of such right shall be in accordance with the provisions of the law.

The succession is protected. The right of succession of a person shall be in accordance with the provisions of the law.

The expropriation of immovable property shall not be made except by virtue of the law specifically enacted for the State affairs on public utilities, necessary national defense, exploitation of national resources, town and country planning, promotion and preservation of the quality of the environment, agricultural or industrial development, land reform, preservation of ancient site or historic source, or other public interests, and fair compensation shall be paid in due time to the owner thereof, as well as to all persons having the rights thereto, who suffer loss by such expropriation, as provided by law.

The amount of compensation under paragraph one shall be fairly assessed with due regard to the normal purchase price, mode of acquisition, nature and situation of the immovable property, loss of the person whose property or right thereto is expropriated, and the benefits the State and the person whose property is expropriated shall receive back from making use of that expropriated immovable property.

The law on expropriation of immovable property shall specify the purpose of the expropriation and shall clearly determine the period of time to fulfill that purpose. If the immovable property is not used to fulfill such purpose within such period of time, it shall be returned to the original owner or his or her heir.

The return of immovable property to the original owner or his or her heir under paragraph three and the claim of compensation paid shall be in accordance with the provisions of the law.

A person shall enjoy the liberties to engage in an enterprise or an occupation and to undertake a fair and free competition.

The restriction on such liberties under paragraph one shall not be imposed except by virtue of the law specifically enacted for maintaining the security and safety of the State or economy of the country, protecting the public in regard to public utilities, maintaining public order and good morals, regulating the engagement in an occupation, consumer protection, town and country planning, preserving natural resources or the environment, public welfare, or preventing monopoly or eliminating unfair competition.

A person shall have rights to the guarantee of personal safety and security at work, including the guarantee of due living during and post employment, as provided by law.

A person shall be free the liberties to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.

The restriction on liberty under paragraph one shall not be prohibited except by virtue of law, specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity reputation, family or privacy rights of the person, maintaining public or good morals or preventing the deterioration of the mind or health of the public.

The closure of a pressing house or other mass media to deprivation of the liberty under this section is prohibited.

It is prohibited to ban a newspaper or other mass media from presenting news and information or expressing opinion in whole or in part, or to interfere by any means with the liberty of expression to restrict the liberty of the press under this Section except by virtue of law, expressly enacted under paragraph two.

The censorship of news or articles by a officials of news or articles before their publication in a newspaper, printed matter, or radio and television board casting shall not be made except during the time when the country is in a state of war or armed conflict; provided this act can only be done by virtue of the law enacted under the provisions of paragraph two.

The owner of any newspaper or other mass media shall be a Thai national.

No grant of money or other properties shall be made by the State as subsidizes the activities of any private newspaper or other mass media.

Officials or employees in a private newspaper, radio, television board casting, or other mass media shall enjoy their liberties to present news and express their opinions under the constitutional restrictions without the mandate of any State agency, State enterprise or the owner of such business; provided that is not contrary to their professional ethics and have a right to organize institutions to protect their rights, liberties and justice, as well as to have a mechanism to control each other professional ethics.

Civil servants, staff or employees of State agencies or State enterprises engaging in radio broadcast, telecast, or other mass media shall enjoy the same rights as their counterparts in the private sector under paragraph one.

Any act, direct or indirect, by holders of political office, State officials, or owners of the enterprise to obstruct or intervene in presentation of news or expression of opinion on public issues by a person under paragraph one and paragraph two, shall be regarded as intentional abuse of powers and duties and shall have no legal effect except to ensure compliance with the professional ethics.

Transmission frequencies for radio and television, and telecommunication are national communication resources for public interest.

There shall be one independent State agency whose responsibility is to allocate the frequencies under paragraph one and supervise radio and television broadcasting and telecommunication businesses as providing by law.

In carrying out the act under paragraph two, regard shall be had to utmost public benefit at national and local levels in terms of education, culture, State security, other public interests, promotion of free and fair competition, and public participation in the operations.

In directing and operating the business under paragraph two, there shall be measures to prevent merger or market dominance among themselves, which might result in obstruction of liberties of information or liberty to receive information from diverse sources.

A holder of political office shall not be the owner or have the stakes in the newspaper, radio, television, and telecommunication businesses, no matter in his own name, or assign any other to act as owner or hold the stakes; or exercising by other means, direct or otherwise, which shall allow the administration of such business as if he owns or holds the stakes of such business.

A person shall enjoy an equal right to receive the education for the duration of not less than twelve years which shall be provided by the State thoroughly, up to the quality, and without charge.

The deprived, the disabled or the permanently infirm, or those in difficult situations shall receive such rights as prescribed in paragraph one and the State support to ensure the education on equal footing as others.

Education and training management by the professional organization or private section, alternative education, self-education, and life-long learning shall be protected and promoted by the State.

A person shall enjoy an academic freedom.

Education, training, learning, teaching, researching and disseminating such research according to academic principles shall be protected; provided that it is not contrary to his or her civic duties or good morals of the people.

A person shall enjoy an equal right to receive appropriate and standard public health service, and the indigent shall have the right to receive free medical treatment from public health centers of the State.

A person shall have the rights to receive public health services provided by the State universally and efficiently.

A person shall have the rights to be prevented and eradicated from harmful contagious diseases by the State appropriately, without charge, and in timely manner.

Children and youth shall have the rights of survival and to receive physical, mental, and intellectual development according to their potential in a suitable environment with vital regard to children and youth’s participation

Children, youth, women, and family members shall have the rights to be protected by the State against violence and unfair treatment, and have the rights to be cured and rehabilitated when such incident happens.

Intervention and restriction of the rights of children, youth, and family members shall not be permitted, except by virtue of law, specifically to conserve and maintain the status of family or for the greatest benefits of those individuals.

Children and youth with no guardian shall have the rights to receive appropriate care and education from the State.

A person who is over sixty years of age and has insufficient income shall have the rights to receive welfare, dignified public facilitation, and appropriate aids from the State.

The disabled or handicapped shall have the rights to access and make use of welfare, public facilitation, and appropriate aids from the State.

A mentally-ill person shall have the rights to receive appropriate aids from the State.

A person, who is homeless and has insufficient income, shall have the rights to receive appropriate aids from State.

A person shall have the right of access and regard public information in the possession of government agencies, State agencies, State enterprises, or local governments, unless disclosure of such information or information may jeopardize the security of the State, public safety, or the interests of a person or persons who should be protected as providing by law.

A person shall have the right to receive information, explanation, and reason from government agencies, State agencies, State enterprises, or local government before the approval or implementation of a project or activities which might have a serious impact on the environment, health, sanitary conditions, quality of life, or other important interests of his or her own or of the community, and shall also have the right to voice his or her own opinion to the responsible agency to be used as input in appraising the said project or activities.

In making a plan for social, economic, political, and cultural development, or in expropriation of private property by eminent domain, or in town planning, zoning, or in issuing regulations with an important impact on the benefits of the people, the State must organize comprehensive public hearings before implementation.

A person shall have the right to participate in the procedure of State officials administering the State affairs, which may affect their personal rights and liberties.

A person shall have the right to lodge a complaint and get response within a reasonable time.

A person shall have the right to sue a government agency, State agency, State enterprise, local government, or any other State organ which is a juristic person, for act or omission of act by a civil servant, or staff member or person(s) in their employ.

The right of a person to receive truthful information as a consumer shall be protected, and he or she shall enjoy the right to lodge a complaint and demand a remedy for damages, and the right to assemble to protect consumers’ rights.

An independent body shall be instituted to protect consumers, consisting of consumer representatives whose duty is to offer opinions for use in consideration by the State agencies enacting and enforcing laws and rules, to offer opinions in laying down provisions, and scrutinize and report acts or omission of acts to protect consumers. The State has to provide government statement of expenditure to such independent body.

A person shall have the right to monitor and demand scrutiny of holders of political office or State officials in their discharge of duties.

A person shall be protected, who provides information to the agency scrutinizing the exercise of State powers by holders of political office, State agencies, or State officials.

A person shall enjoy the liberty of peaceful and unarmed assembly.

Restriction of such liberty under paragraph one is prohibited except by virtue of law specifically enacted in the context of public assembly and to secure convenience for the people using the public place, or to maintain public peace and order during war or a state of emergency or when martial law has been declared.

A person shall enjoy the liberty of assembly in the form of association, unions, cooperatives, farmers’ associations, private organizations, nongovernmental organization and other groups.

Civil servants and State officials shall enjoy the liberty of assembly like the general public, provided that doing so does not affect the efficient administration of State affairs and the continuity of delivery of public services as providing by law.

Restriction of liberty under paragraph one and paragraph two is prohibited except by virtue of law specifically to protect public interests, to maintain public peace and order or good morals, or to prevent economic monopoly.

A person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfillment of such will through the democratic regime of government with the King as Head of the State as provided in this Constitution.

The internal organization, management and regulations of a political party shall be consistent with fundamental principles of the democratic regime of government with the King as Head of the State.

Members of the House of Representatives who are members of a political party, members of the Executive Committee of a political party, or members of a political party, as to the number prescribed by the organic law on political parties shall, if of the opinion that their political party's resolution or regulation on any matter is contrary to the status and performance of duties of a member of the House of Representatives under this Constitution, or contrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, have the rights to refer it to the Constitutional Court for decision thereon.

In the case where the Constitutional Court decides that such resolution or regulation is contrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, such resolution or regulation shall lapse.

Persons so assembling to be a community, local community, or traditional community shall have the rights to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources, environment, and biological diversity in a balanced fashion and persistently.

The rights of a person to give to the State and communities participation in the conservation, preservation and exploitation of natural resources and biological diversity and in the protection, promotion and preservation of the quality of the environment for usual and consistent survival in the environment which is not hazardous to his or her health and sanitary condition, welfare or quality of life, shall be appropriately protected.

Any project or activity which may seriously affect to the community in quality of the environment, natural resources, and health shall not be permitted, unless its impacts on the quality of the environment and health condition of people in the community have been studied and evaluated; and procedure on public hearing from the people and those affected, including from an independent organization, consisting of representatives from private environmental and health organizations and from higher education institutions providing studies in the environmental, natural resources, and health field, have been obtained prior to the operation of such project or activity.

The rights of a community to sue a government agency, State agency, State enterprises, local government organization, or other State agencies which are juristic persons, to perform the duties as provided by this provision shall be protected.

A person is prohibited from using the rights and liberties provided in the Constitution to overthrow the democratic rule with the King as the Head of the State as provided by this Constitution; or to acquire power to rule the country by means other than is provided in the Constitution.

Where a person or political party acts under paragraph one, the witness thereof has the right to report the matter to the Prosecutor General to investigate facts and to submit a request to the Constitutional Court for decision to order cessation of such act without prejudice to criminal proceedings against the doer of the act.

If the Constitutional Court decides to order cessation of the said act under paragraph two, the Constitutional Court may order dissolution of that political party.

In case of order dissolution of that political party by the Constitutional Court under paragraph three, the leader of the dissolute Party and the member of the board of the executive committee under paragraph one are prohibited the right of election for five years from the date of order by the Constitutional Court.

A person shall have the right to peacefully resist any act committed to obtain powers to rule the country by means not in accordance with the modus operandi as provided in the Constitution.

Provisions in this Chapter express the intention to the State to legislate and direct policies in administering the State affairs.

In the policy statement to the National Assembly, the Council of Ministers, which is to assume the administration of the State affairs, shall expressly declare to the National Assembly what activities are to carry out in what associated timeframe in order to administrating the State affairs in compliance with the Directive Principles of Fundamental State Policies, and shall prepare a report of performance progress, including problems and obstacles encountered before the National Assembly once a year.

The Council of Ministers shall prepare the national administration plan to present the measures and details of direction of official performances for each year of administration, which shall be in compliance with the Directive Principles of Fundamental State Policies.

In administration of the State affairs, the Council of Ministers shall prepare a plan to enact the necessary legislation for the execution of the administration policy and program.

The State shall protect and uphold the institution of kingship, the independence, the sovereignty, and integrity of its territories, and shall arrange for the maintenance of the armed forces, weapons and military equipments, and adequate, necessary, modern technology for the protection and upholding of its independence, sovereignty, security of the State, institution of kingship, national interests, and the democratic regime of government with the King as Head of the State, and for national development.

The State shall implement the policy directive on administration of the state affairs as follows:

1. Administration of the State affairs shall aim for sustainable social, economic, and national security development; provided that the implementation of the sustainable economic philosophy shall be promoted and the overall national interests shall be vitally regarded.

2. Systematize the Central Administration, the Regional Administration, and the Local Administration with the refine area, authority, and responsibility that are suitable for national development, and encourage the provincial authority to prepare plans and budget for provincial development for the interests of people in the locality.

3. Decentralize of powers to the local administration organizations for the purpose of independence and self-determination of local affairs, encourage local administration organizations to give participation in the Directive Principles of Fundamental State Policies, develop local economics, public utilities and facilities systems, as well as the fundamental information infrastructure in the locality thoroughly and equally throughout the country, develop a province that is ready into a large-sized local administration organization with regard to the will of people in that province.

4. Develop the State administrative system with emphasis to quality development, good morals, and ethics of the State officials in tandem with improvement of the model and method of operations to ensure efficient administration of the State affairs, and encourage State organs to adopt the principles of Good Governance as direction for performing government services.

5. Systematize the government services and other State affairs in order to make management and delivery of public services timely, efficiently, transparently, accountably, with regard to public participation.

6. Ensure the State agencies working on legal affairs that have duties to provide opinions on public administration, and vet the State legislation, to function independently, for the administration of the State affairs is based on the rule of law.

7. Prepare a political development plan, and set up an independent political council to strictly monitor the implementation of such plan.

8. Ensure that the government officials and State employees receive adequate fringe benefits.

The State shall patronize and protect Buddhism, which is the religion the majority of Thai people have practiced for long time, and other religions, promote good understanding and harmony among followers of all religions, as well as encourage the application of religious principles to create virtue and develop the quality of life.

The State shall carry out the Policy Directive on Social, Public Health, Education, and Culture as follows:

1. Protect and develop children and youth; support the rise up, care, and education at the primary level; promote the equality between women and men; create and develop the family institution’s integrity and the strength of communities; provide aids and welfare to the elderly, the indigent, the disabled or handicapped and the underprivileged for their good quality of life and ability to depend on themselves.

2. Promote, support, and develop the health system that emphasizes the health promotion for people to enjoy a sustainable state of happiness; provide and promote the standardized public health service to people universally and efficiently; and encourage private sector and community to participate in the health development and provision of public health services, provided that persons who deliver such services and perform their duties as to the professional standard and ethics, shall be protected by law.

3. Develop the quality and standard of education management in all levels and all types in compliance with the changing economic and social environment; to prepare the national education plan and laws for development of the national education; develop the quality of teachers and educational personnel to progressively follow up with to changing of the world community; implant the learners to aware and recognize of Thai identity, disciplines, public interests, and adhere to the democratic regime of government with the King as Head of State.

4. Promote and support decentralization of powers for the local administration organizations, communities, religious organizations, and private sector, to organize and participate in the education management for development and equality of education quality and standard and in consistence to the Directive Principles of Fundamental State Policies.

5. Promote and support the research in various academic branches, and disseminate those State- subsidized information and research results.

6. Promote and support love and harmony, learning, awareness, and disseminate arts, cultures, traditions, and customs of the nation, as well as good social values and local knowledge and intellectuals.

The State shall follow the Policy Directive on Legal Affairs and Justice as follows:

1. Supervise to ensure the accurate, timely, impartial, and universal implementation and enforcement of laws; promote the legal aids and legal learning among people; organize the bureaucratic system and other State affairs in the field of justice administration to work efficiently; participation by people and professional organization in the justice procedure and public legal aids shall be regarded.

2. Protect rights and liberties of a person from being violated by both State officials and other people, and provide the equal justice to all people.

3. Enact a law to establish an independent agency for law reform with functions to improve and develop the laws in the country, as well as amend the laws to be consistent to the Constitution, with regard to the public opinions and hearing by the people affected by those laws.

4. Enact a law to establish an independent agency to reform the procedure of criminal justice, with function to improve and develop the operations of the agencies involving with the criminal justice procedure.

5. Support the operations of private organizations that provide the legal aides to people, particularly those affected by the domestic violence.

The State shall promote friendly relations and cooperation with other countries and adopt the principle of non-discrimination, and shall observe the treaties and agreements on human rights that Thailand is a member, as well as other commitments that have made with other countries and international organizations.

The State shall promote trade, investment, and tourism with other countries, and shall provide protection and oversee the interests of Thai citizens abroad.

The State shall promote and support the implementation of philosophy of sufficiency economy.

The State shall follow the Policy Directive on Economics as follows:

1. Encourage a free and fair economic system through market force, and encourage the sustainable economic development by abolishing and refraining the enactment of laws and regulations supervising the businesses that are inconsistent to the business necessity; shall not engage in an enterprise in competition with the private sector, except it is necessary and beneficial for maintaining the security of the State, preserving the common interests, or providing public utilities.

2. Promote the practice of virtues, ethics, and good governance in business affairs.

3. Control and maintain monetary and fiscal disciplines in support to the country’s economic and social stability and security; improve the tax systems to ensure fairness consistent with the changing social and economic environment.

4. Manage for savings for the living at old age among people and State officials thoroughly.

5. Supervise the business activities to ensure free and fair competition; prevent monopoly and cut off, directly or indirectly; and protect the consumers’ interests.

6. Implement fair distribution of incomes; protect, promote, and expand the business opportunities among people for economic development, including promote and support the development of local and Thai knowledge and intellectuals to generate goods, services, and jobs.

7. Promote people at working age to obtain employment; protect child and woman labor; organize system of labor relations and labor tripartite, which workers have rights to elect their own representatives; provide social security system; protect workers, who work on the same type of job, to ensure they get wages, fringe benefits, and welfare equally and impartially.

8. Protect and maintain the interests of farmers in production and marketing; promote the highest price possible for agricultural products; encourage the grouping of farmers in the form of the farmer council in order to work out on the agricultural plan and protect their common interests.

9. Promote, encourage, and protect the co-operatives system and its independence, as well as the grouping by occupations or professions of the people to carry out their economic activities.

10. Provide basic public utilities necessary for the people’s livelihood in the interest of maintaining economic security of the State, provided that such basic public utilities shall not be monopolized by private that shall be detriment to the State.

11. Any act that shall cause the fundamental structure or network of basic public utilities necessary for the people’s livelihood, or for the security of the State, fall into the private ownership, or reduce the status of State ownership to less than 51% shall not be permitted.

12. Promote and support the commercial maritime business, rail transportation, and implement the management of domestic and international transportation system.

13. Promote and support the strength of the economic private organizations both at local level and national level.

14. Promote the agricultural product processing industry in order to increase the economic values.

The State shall follow the Policy Directive on Land, Natural Resource, and Environment as follows:

1. Establish rules on land use to cover the whole country, by considering the consistency of the natural environment, including land area, water surface, ways of life of local communities, and the efficient conservation on the natural resources; provide the standard measures for sustainable land use, with regard to the joint decision-making by the residents of the area affected by that land-use policy;

2. Fairly distribute the land possession, and process for farmers to have the ownership or rights over the lands for their agricultural production universally by the method of land reform or other means; provide water resources to farmers for their adequate and proper use for agricultural production.

3. Lay out a town and country planning; develop and implement such town and country planning effectively and efficiently for the interests of sustainable natural resource perseveration.

4. Set up the systematic water and natural resource management plan for public benefits, with regard to people participation to conserve, maintain, and balanced making use of the natural resources and biological diversity.

5. Promote, maintain, and protect the quality of environment on the principle of sustainable development; control and eliminate the pollution that is hazardous to health, sanitary, safety, and quality of life of the people, which people, local communities, and local administration organizations shall participate in directing the operation plan.

The State shall observe the policy directive on sciences, intellectual property, and energy by:

1. Promoting scientific and technological development and innovation in various fields by means of specific legislations, appropriations to support education, research, analysis, and enabling educational and development institutes to apply the results of research and development, to effect technology transfer, and to develop human resources efficiently and appropriately;

2. Promoting inventions and innovations, conserving and developing local and Thai knowledge and intellectuals, and protecting intellectual property rights;

3. Promoting and supporting research and development of alternative energy from natural sources, eco-friendly, sustainable, and systematic.

The State shall implement the citizen participation policy as follows:

1. To promote citizen participation in making policies and economic development plans at the local and national level throughout the country;

2. To promote and support citizen participation in making political decisions, making economic, social, and political development plans including in making public services.

3. To promote and support citizen participation in the scrutiny of the exercise of State powers at all levels in the form of occupational or professional bodies.

4. To promote and support citizen strengthen themselves politically and to legislate for establishment of the people’s political development funds to support community activities, as well as to support citizen who associate in any form of network to provide evaluation the performance of the local authorities.

5. To promote and educate the people on the democratic development and rule with the King as the Head of the State and encourage the people to exercise their rights to vote in elections in honest and fairly.

In case of participating of the citizen in this paragraph the quote of men and women has to be considered.

The National Assembly consists of the House of Representatives and the Senate.

The National Assembly may meet jointly or separately in accordance with this Constitution.

Joint or separate sittings of the National Assembly shall be in accordance with the provisions of this Constitution.

A person cannot concurrently be a member of the House of Representatives and a member of the Senate.

The President of the House of Representatives is President of the National Assembly. The President of the Senate is Vice-President of the National Assembly.

In the case where there is no President of the House of Representatives or the President of the House of Representatives is not present or is unable to perform his or her duties, the President of the Senate shall act as President of the National Assembly in his or her place.

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

The President of the National Assembly and the person who acts as President of the National Assembly in his or her place shall be impartial in the performance of duties.

The Vice-president of the National Assembly shall have the powers and duties as provided in this Constitution and as entrusted by the President of the National Assembly.

A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly; and if the King had signed it or as if the King had signed it as provided in this Constitution it shall come into force upon its publication in the Government Gazette.

Members of the House of Representatives or of the Senate with not less than one-tenth of the total number of the existing members there are in each House shall have the right to collect names and petition to their respective President to have the membership of any of their members ended in accordance with Sections 106 (3), (4), (5), (6), (7), (8), (10), or (11) or Section 119 (3), (4), (5), (7), or (8) as the case may be; the President shall forward the said petition to the Constitutional Court for the latter’s decision whether or not the membership of the said member should be ended.

When the Constitutional Court has made its decision, it shall notify the President of the House from which it received the petition under paragraph one.

In the case where the Election Commission thinks the membership of a member of the House of Representatives or a member of the Senate has cause to be ended under paragraph one, the Election Commission shall send the matter to the President of the House to which that member belongs and the President of the House shall forward the matter to the Constitutional Court for decision under paragraph one and paragraph two.

The vacation of the office of a member of the House of Representatives or a Senator after the day on which his or her membership terminates or the day on which the Constitutional Court decides that the membership of any member terminates does not affect any act done by such member in the capacity as member including the receipt of emolument or other remuneration by such member before he or she vacates office or the President of the House of which such person is a member has been notified of the decision of the Constitutional Court, as the case may be, except that in the case of vacation of office on the ground of his or her being elected in violation of the organic law on the election of members of the House of Representatives and Senators, emolument and other remuneration received from being in office shall be returned.

The House of Representatives consists of 480 members. From the election on a constituency basis four hundred members, eighty of whom are from the election on a party-list basis.

The election shall be by direct suffrage and secret ballot; one ballot for each kind of constituency it shall be given.

Rules and condition to precept the election of member of the House of Representatives provided by the organic law on this Constitution which’s said how the member of the House of Representatives and the Senators shall be elected.

In the case where the office of a member of the House of Representatives becomes vacant for any reason and an election of a member of the House of Representatives has not been held to fill the vacancy, the House of Representatives shall consist of the existing members of the House.

When the members of the party-list basis under section 109 (2) becomes vacant during the period of the House of Representatives less than 80 persons, the members of the party-list basis shall consist of the existing members.

In any of cases the total number of members of the House elected does not reach 480, but is less than 95 percent of that number, the existing members shall constitute the House of Representatives. Meanwhile elections must be held to fill all the vacant seats within 180 days. The newly elected members shall have a term of office equal to the remainder of the term of the House.

In the election of members of the House of Representatives on a constituency basis, the person having the right to vote shall cast ballot for candidates that can be elected of each constituency.

To determine the number of members of the House of Representatives of each constituency and to setting up of the constituency shall be conducted as follows:

1. By determine the population into the country’s total registered population based on the latest census before a general election, average by 400 of the members of the House of Representatives.

2. Any Changwat with inhabitants below the number per on member under paragraph (1) shall have one member of the House of Representatives. Any Changwat with more inhabitants than the number of inhabitants per one member shall have an additional member of the House of Representatives for every such number of inhabitants as representing the number of inhabitants per one number.

3. Upon the numbers of the House of Representatives of each Changwat being obtain under paragraph (2) should have; and the number of the House of Representatives is still less than 400, any Changwat with the largest fraction remaining from the determination under paragraph (2) shall have an additional member of the House of Representatives in accordance with such procedure shall be made to Changwats in respective order of fractions remaining from the determination until the number of 400 is obtained.

4. Constituency shall be regarded by Changwat with a maximum of three seats, such Changwats shall be divided into constituencies in the number equal to such number of members of the House of Representatives as may be elected therein and, for this purpose, and each constituency shall have three members of the House of Representatives.

5. If the Changwats inhabitants of a Changwat are not large enough to have three seats in every constituency; such Changwat shall be divided into constituencies in the equal obtained to such number of three members of the House of Representatives first, but the residual constituency shall have minimum of two members of the House of Representatives. Any Changwat can have four members of the House of Representatives to be obtained; such Changwat shall be divided into constituency in the number of two members of the House of Representatives as may be elected.

6. In a Changwat which is divided into more constituencies than one, the boundary shall be adjoining and the inhabitants in each constituency must be closely apportioned.

The counting of the votes shall be conducted in each constituency and the result of the votes counting shall be sent altogether to the polling station; the result of the votes counter shall be announced publicly at any single place in that constituency as designed by the Election Commission, except that in the case where necessity arises in a particular locality, the Election Commission may provide otherwise in accordance with the organic law on the election of members of the House of Representatives and Senators.

In an election of members of the House of Representatives on a party-list basis, a voter shall have the right to cast ballot from the lists of candidates prepared by political parties; provided that only one ballot for one party-list may be voted for each constituency.

Each party shall send a list of candidates in every constituency or shall send some selected constituency.

The party-list of candidates prepared by the political party that submitted; if any circumstance happened before or during the election that have made the party-list prepared by the political party not complete as well as the list that submitted by the political party, the residuary numbers of the party-list prepared by the political parties shall be excepted; and in this cases the House of Representatives consist of the existing members of the House of Representatives which are elected.

For the purpose of affecting constituency of the party-list basis it has to be affected as follows.

1. The country shall be divided into eight electoral Changwat, each consisting of contiguous Changwat shall be a constituency; each constituency shall have 10 seats of the House of Representatives.

2. Grouping of the Changwat; the boundary of each Changwat shall be adjoining closely apportioned and as evidence the census announced in the year preceding the year of election; the hold Changwat obtain as one constituency.

In an election of members of the House of Representatives on a party-list basis, the party-list shall be done as follow:

1. Consist of the names of candidates in the party-list that shall be elected in each constituency, and it shall be arranged in order to the number and be submitted to the Election Commission before the date an application for candidacy in an election on the constituency basis.

2. The names of the party-list (1) shall not be repeated by the names of candidates in the election on the constituency basis of any parties, and to take into consideration of the opportunity, acceptable quota and the equality between men and women.

The number of proportional-representation seats that a contesting political party wins will depend on the total number of votes it receives for its constituency throughout the country. After collecting the votes it receives, it shall be calculated how many seats related for each party shall be win. It shall be deemed with the names in the list of each political party are elected in respective order of the placed in numerical order in the list in accordance with such proportional number of the members of the House of Representatives; in accordance with the rules provided in of the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

The drawing of constituency boundaries, methods of election, voting, vote counting, method of calculating proportional-representation members shall be in accordance with the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

The provision of section 94 shall apply mutatis mutandis to the counting and announcement of votes received by each party-list. The Election Commission may provide any Changwat as a polling station at the beginning for the counting of votes.

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

1. Being of Thai nationality; provided that a person who has acquired Thai nationality by naturalization must hold the Thai nationality for not less than five years;

2. Being not less than eighteen years of age on 1st January of the year of the election; and

3. Having his or her name appears on the house register in the constituency for not less than ninety days up to the date of the election.

A voter who has a residence outside the constituency, or his or her name appears in the house register in the constituency for the period of less than ninety days up to the date of the election, or who has a residence outside the Kingdom of Thailand shall have the right to cast ballot in an election in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and Senators.

A person having the following prohibitions on the Election Day is disfranchised:

1. Being a monk, novice, Brahmin priest, or clergy;

2. Being under suspension of the right to vote;

3. Being detained by a warrant of the Court or by a lawful order;

4. Being of unsound mind or of mental infirmity;

A person having the following qualifications has the right to be a candidate in an election of members of the House of Representatives:

1. Thai nationality by birth;

2. Being not less than twenty five years of age on the Election Day;

3. Being a member of any and only one political party, for a consecutive period of not less than ninety days, except in a general election following an unexpected House dissolution, in which case he or she is required to have been a registered member of a political party not less than thirty days continuously up to the date of an election;

4. A candidate in an election on a constituency basis shall also possess any of the following qualifications:

a. Having his or her name appears in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years up to the date of applying for candidacy;

b. Born in the Changwat where he or she stands for the election;

c. Having studied in an education institution situated in Changwat where he or she stands for election for a consecutive period of not less than five academic years before;

d. Having served in the official service before or having had his or her name appear in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years before.

5. A person who stands for a patty-list basis shall have appearance either, or as follow (4). If any appearance concerning to any Changwat, it has to be a about group of Changwat.

6. Having other qualifications as stipulated in the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

A person under any of the following prohibitions shall have no right to be a candidate in an election of members of the House of Representatives:

1. Being addicted to drugs;

2. Being an undischarged bankrupt or having been bankrupt by fraud,

3. Being a person with prohibitions to stand for election for a member of the House of Representatives under Section 101 (1), (2), or (4);

4. Having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;

5. Sentenced to imprisonment and having been discharged less than five years to the Election Day, except for negligence or minor offences committed through negligence;

6. Having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;

7. Having been ordered by a judgment or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;

8. Being a Government official holding a permanent position or receiving salary except a political official;

9. Being a member of a local council or being a local administrator,

10. Being a member of the Senate, or have been a Senator; and the membership terminated less than 2 years;

11. Being a member of a local assembly or a local administrator or employee of the State agency or State Enterprise;

12. Being a judge of the Constitutional Court, an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission, a member of the National Human Right Commission;

13. Suspended from holding political office under Section 263;

14. Having been removed from office by the resolution of the Senate under section 274.

A political party cannot field more candidates in a constituency than the maximum allowed for that constituency.

If any of the political party has already sent candidates for running an election allowed after paragraph one; even if afterward the members of the candidatures are not complete without any reasons, this political party has obtained fully the members of the candidatures for running an election.

Once a political party has fielded candidates for running an election; it’s not permitted to change or revoke the candidatures from running an election.

The term of the House of Representatives is four years from the Election Day.

During the term, political parties with seats in the House shall not be permitted to merge.

Membership of members of the House of Representatives shall take effect as from the Election Day.

Membership of the House of Representatives terminates on:

1. Expiry of the term or dissolution of the House of Representatives;

2. Death;

3. Resignation;

4. Disqualification under Section 101;

5. Prohibition under Section 102;

6. Acting in contravention of any prohibition under Section 265 or Section 266;

7. Resignation from membership of his or her political party or his or her political party passes a resolution, with votes of not less than three-fourths of the joint meeting of the Executive Committee of that political party and members of the House of Representatives belonging to that political party, terminating his membership of the political party. In such case, his membership shall be deemed to have been terminated from the date of resignation or resolution of the political party, except when such member of the House of Representatives appeals to the Constitutional Court within 30 days from the date of the resolution of the political party raising objections that the resolution is of such nature as specified in Section 65 paragraph three. If the Constitutional Court decides that the said resolution is not of the nature as specified in Section 65 paragraph three, his membership shall be deemed to have been terminated from the date of the decision of the Constitutional Court. If the Constitutional Court decides that the said resolution is of such nature as specified in Section 65 paragraph three, that member of the House of Representatives may become a member of another political party within 30 days as from the date of the decision of the Constitutional Court;

8. Loss of membership of political party in the case where the political party of which he is member is dissolved by an order of the Constitutional Court and he or she is unable to become a member of another political party within 60 days from the date on which the Constitutional Court issues its order. In such case, his or her membership shall be deemed to have been terminated from the day following the date on which such period of 60 days has elapsed;

9. Senate passes a resolution under Section 274 removing him or her from office or the Constitutional Court takes decision terminating his or her membership under Section 91, or the Supreme Court of Justice issues an order under section 239, paragraph two. In such case, his membership shall be deemed to have been terminated as from the date on which the Senate passes the resolution or the Constitutional Court takes the decision, as the case may be;

10. Remaining absent for more than one-fourth of the total number of days in a session, the length of which is not less than 120 days without permission of the president of the House of Representatives;

11. Imprisoned by final judgment to a term or suspended term of imprisonment other than an offence committed through negligence or petty offence.

Upon expiry of the term of the House of Representatives, the King will issue a Royal Decree calling for general election of members of the House of Representatives and the election date must be fixed within 45 days from the date of expiry of the term of the House of Representatives and the election day must be the same throughout the Kingdom.

The King has the prerogative to dissolve the House of Representatives for new election of members of the House. Dissolution of the House of Representatives shall be made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. Dissolution of the House of Representatives may be made only once under the same circumstances.

When the office of member of the House of Representatives becomes vacant for any reason other than expiry of term or dissolution of the House of Representatives, the following actions shall be taken:

1. In the case of vacancy in the office of a member of the House of Representatives elected through election on constituency basis, an election of member of the House of Representatives to fill up the vacancy shall be held within 45 days from the date of the vacancy unless the remainder of the term of the House of Representatives is less than 180 days.

2. In the case of vacancy in the office of a member of the House of Representatives elected through election on proportional basis, the president of the House of Representatives shall by publication in the government gazette within seven days from the date of the vacancy, elevate the person whose name in the list of that political party is placed in the next order to replace the member of the House of Representatives.

Membership of replacing member of the House of Representatives under (1) shall commence from the day the election to fill up the vacancy is held; while membership of replacing member of the House of Representatives under (2) shall commence from the day following the date of publication of the name of the replacing member of the House of Representatives in the government gazetteer. The replacing member of the House of Representatives may serve only for the remainder of the term of the House.

After the Council of Ministers has assumed the administration of state affairs, the King will appoint as leader of the Opposition in the House of Representatives a member of the House who is the leader of the political party having its members holding no ministerial positions and having the largest number of members among the political parties having members holding no ministerial positions, provided that this number must not be less than one-fifth of the total number of members of the House of Representatives at the time of the appointment.

In the case when no political party in the House of Representatives has the description as prescribed under paragraph one, the leader of the political party, who receives majority of supporting votes from members of the House who belong to the political parties having their members holding no ministerial positions, shall be the leader of the Opposition in the House. In case of an equality of supporting votes, it shall be decided by lot.

The president of the House of Representatives shall countersign the Royal Command appointing the leader of the Opposition in the House of Representatives.

The leader of the Opposition in the House of Representatives shall vacate office upon being disqualified as specified in paragraph one or paragraph two and Section 124, paragraph four shall apply mutatis mutandis, and in such case, the King will appoint a new leader of the Opposition in the House of Representatives to fill up the vacancy

The Senate shall consist of 150 members, to be elected by the people from each Changwat; one member from each Changwat, and appointed the equal of numbers of above divided from the member of the elected person.

In the case of increase or decrease of Changwat during the term elected Senator the senate shall consist of the remaining Senators.

In the case where the office of the Senator becomes vacant for any reason whatsoever and an election of a Senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining Senators.

In the case of any affairs that made the office of Senator becomes vacant under paragraph one, and the existing Senators are more than ninety-five percent of the office of senate, the senate shall consist of the remaining Senators, but an election or appointed of a Senator to fill the vacancy shall held within hundred and eighty days; the replacing Senator may serve only for the remainder of the term of the Senate.

In an election of Senators, the area of Changwat shall be regarded as one constituency, and one member of the Senator each Changwat shall be elected; the person having the right to vote at an election of Senators may cast ballot, at the election for one candidate in that constituency.

For the benefit of an election of the senate, the senate shall be able to run the campaign to introduce about the duties of the Senators.

Rules, procedure and conditions for running an election and campaign for election of the senate shall be in accordance with the organic law on the election of members of the House of Representatives and Senators.

There shall be a Selection Committee for Senators consisting of the President of the Constitutional Court, the President of the Election Commission, the President of the ombudsman, the President of the National Counter Corruption Commission, the President of the Office of Auditor General, the President of the National Human Rights Commission, a judge to be assigned by the general meeting of the Supreme Court of Justice, a judge to be assigned by the Supreme Administrative Court. The Selection Committee for the Senate shall select persons under Section 114 within 30 days from the day of receiving the name-list from the Election Commission and shall submit the list of selected candidates to the President of the House of Representatives. The Election Commission shall promulgate the appointing Senators that selected from the list of persons.

The Selection Committee under paragraph one appoints one person to be the President of the Selection Committee.

If there is no member for any position in the Selection Committee, or if there is, but he or she cannot perform his or her duty, the remaining members shall constitute the Selection Committee provided they represent not less than half of the full Committee.

The Selection Committee for Senators shall appoint the member of proper persons which are proposed by the different organizations including the academia, the public sector, the private sector, occupational groups, and other groups qualified to perform Senatorial functions until the required number is met under section 111 paragraph one.

In making the selection under paragraph one, particular attention shall be paid to knowledge, skills or expertise and experience of practice relevant to the performance of Senatorial functions; to a mix of people with different branches of knowledge.

Rules, procedure and conditions for appointing Senators shall be in accordance with the organic law on the election of members of the House of Representatives and Senators.

A person shall have the qualifications and shall not be under any prohibition shall have the right to apply or be nominated for selection as a Senator as follows:

1. Being of Thai nationality by birth;

2. Being of not less than forty years of age on the nomination day;

3. Having graduated with not lower than a Bachelor's degree or its equivalent;

4. A person who applicants for Senator shall have such one or another characteristic as follows:

a. Having his or her name appears in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years up to the date of applying for candidacy;

b. Born in the Changwat where he or she stands for the election;

c. Having studied in an education institution situated in Changwat where he or she stands for election for a consecutive period of not less than five academic years before;

d. Having served in the official service before or having had his or her name appear in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years before;

5. Not an ancestors, spouse or child of the members of the House of Representative or holding any position by the political party;

6. Not a member of any political party or holding any position by the political party, or if so, must have left no less than five years to the day of application or nomination;

7. Not a member of the House of Representative or having been a member of the House of representative, and left no less than five years to the day of application or nomination;

8. Not being under any of the prohibitions under section 102 (1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14);

9. Not being a Minister or having been holding any position that not be the member of the local administrative or of the local official or having been and left no less than five years;

The member of the Senate shall not be a Minister or other political official or being an official of an independent entity.

A person who having been a member of the Senate and the membership left no less than two years shall not be a Minister or holding of political party.

Membership of the elected Senate commences on the election day and membership of the selected Senate commences on the day of announcement of the selection result by the Selective Committee for selected senators.

The term of the Senate is six years as from the election day or the day of announcement of the selection result by the Selective Committee for selected senators, as the case may be. Senators shall not serve for consecutive terms.

A senator whose membership terminates upon the expiration of the term of the Senate shall remain in office to continue to perform his duties until there is a new senator.

Upon the expiration of the term of the elected Senate, the King will issue a Royal Decree calling for a new general election of senators, in which the election day must be fixed within thirty days as from the date of the expiration of the term of the elected Senate and the election day must be the same throughout the Kingdom.

Upon the expiration of the term of the selected Senate, the Election Commission shall issue Notifications determining the starting date and the period of new senators selection procedure, which shall be completed within sixty days as from the date of the expiration of the term of the selected Senate.

Membership of the Senate terminates upon;

1. expiration of the term of the Senate;

2. death;

3. resignation;

4. being disqualified or being under any prohibitions under section 115;

5. acting in contravention of any of the prohibitions under section 116, section 265, or section 266;

6. the Senate passing a resolution under section 274 removing him or her from office, or the Constitutional Court having a decision terminating his or her membership under section 91, or the Supreme Court of Justice issuing the order under section 239, paragraph two, or section 240, paragraph three; in such case, his or her membership shall be deemed to have terminated as from the date of the resolution of the Senate or the decision of the Constitutional Court or the order of the Supreme Court of Justice, as the case may be;

7. having been absent for more than one-fourth of the number of days in a session, the length of which is not less than one hundred and twenty days without permission of the President of the Senate;

8. having been sentenced by a final judgment to imprisonment, notwithstanding the suspension of the infliction of punishment, except for the suspension of the infliction of punishment for an offense committed through negligence, a petty offense, or an offense of defamation.

When the office of senator becomes vacant for reasons under section 119, the provisions under section 112, section 113, section 114, and section 118 shall apply to an election or a selection of a senator to fill the vacancy. The replacing senator shall serve only for the remainder of the term of whom he or she has replaced. In the case where the remainder of the said term is less than one hundred and eighty days, there may not be an election or a selection of a senator to fill the vacancy.

In the case where the Senate shall consider having a person hold any position under provisions of this Constitution, a committee shall be appointed by the Senate to examine past records, behaviors, and moral conducts of the person nominated for holding such position, and to gather necessary facts and evidence to be reported to the Senate for its further consideration.

The proceeding by the committee under paragraph one shall be in accordance with the Rules of Procedure of the Senate.

Members of the House of Representatives and senators are representatives of the Thai people, and shall honestly perform the duties for the common interest of the Thai people. Not bound by any assigned mandate, nor dominated by political influence, they shall carry out their duties for the benefits of the people honestly, faithfully, and free from conflict of interest.

Before taking office, a member of the House of Representatives and a Senator shall make a solemn declaration at a sitting of the House of which he or she is a member in the following words:

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

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

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

The President and the Vice-Presidents of the Senate hold office until the day preceding the date of the election the new President and Vice-Presidents.

The President and the Vice-Presidents of the House of Representatives and the President and the Vice-Presidents of the Senate vacate office before the expiration of the term of office under paragraph two or paragraph three, as the case may be, upon:

1. loss of membership of the House of which he or she is a member;

2. resignation;

3. holding a position of Prime Minister, Minister or other political official;

4. being sentenced by a judgment to imprisonment even if the judgment is not final or regardless whether the sentence is a suspended or not, except for negligence, minor offences, or defamation.

While in office, the President or Vice-Presidents of the House of Representatives cannot be an executive or hold any position in a political party.

The President of the House of Representatives and the President of the Senate shall have the powers and duties to perform the functions of their respective House according to rules and regulations. The Vice-Presidents shall have the powers and duties as assigned by the President and shall act on his or her behalf during his or her absence or when the President is unable to perform duty.

The President of the House of Representatives, the President of the Senate, and their surrogate shall perform their duties impartially.

When the President and Vice-Presidents of the House of Representatives or of the Senate are not at the sitting, members of the respective House shall elect from among themselves someone to preside over that meeting.

To have a quorum, the sitting of the House of Representatives and of the Senate must have a presence of no less than one-half of the existing members in their respective House except during interpellation under Section 156 and Section 157. The House of Representatives and the Senate may specify the rule of quorum otherwise.

A vote on consultative issues shall be based on a simple majority unless otherwise required by this Constitution.

Each member shall have one vote. If the votes are equal, the President at the sitting shall have the casting vote.

The President of the National Assembly, the President of the House of Representatives and the President of the Senate shall arrange to have the vote of each member recorded and disclose those records in places where the public may inspect, unless it is a secret ballot.

Voting to select or to express approval for a person in any position shall be made in secret unless the provisions of this Constitution require otherwise. Members are free and not bound by his or her political party’s resolution or other mandate.

Within 30 days from a general election of the House of Representatives, a sitting of the National Assembly shall be convoked so that the members can have their first sitting.

Each year there shall be an ordinary general session and an ordinary legislative session.

The day of the first sitting under paragraph one shall mark the beginning of the ordinary general session while the first day of the ordinary legislative session shall be left to the House of Representatives to decide. Sitting for the first time under paragraph one, if there remain fewer than 150 days to the end of the calendar year, it is possible not to have an ordinary legislative session in that particular year.

During the legislative ordinary session, the National Assembly shall hold a sitting only in such cases as prescribed in Chapter 2 or in cases of the consideration of bills or organic law bills, the approval of an Emergency Decree, the approval of the declaration of war, the approval of a treaty, the election or approval of a person for holding office, the removal of a person from office, the interpellation and the amendment of the Constitution, unless the National Assembly has passed a resolution, by the votes of more than one-half of the total number of the existing members of both Houses, for considering other matters.

It is permissible to prorogue the general ordinary session less than 120 day subject to the approval of the National Assembly.

The King convokes the National Assembly, opens and prorogues its session.

The King may be present to perform the opening ceremony of the first general ordinary session under section 127 paragraph one or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.

In the interest of the public, the King may convoke the National Assembly to an extraordinary sitting.

Convocation, extension of sessions, and proroguing them shall be effected by Royal Decree under Section 129.

Members of both Houses or members of the House of Representatives of not less than one- third of the total number of the existing members of both Houses have the right to present their petition to the King for the issuance of a Royal Command convoking an extraordinary session of the National Assembly.

The petition referred to in paragraph one shall be lodged with the President of the National Assembly.

The President of the National Assembly shall submit the petition to the King and countersign his Royal Command thereof.

At the meeting of the House of Representatives and of the Senate or at a joint meeting of the National Assembly, a member may use words or make statements expressing views or vote as a matter of absolute privilege. No person shall be permitted to use it as cause for legal action.

The privilege under paragraph one does not give immunity to the member who speaks at the meeting with radio or TV coverage, specifically if the utterances appear elsewhere than the National Assembly’s premises, are criminally offensive or infringe the rights of other persons who are not Ministers or members of that particular Chamber.

In the circumstances under paragraph two, if a member says something that may cause damage to a person or persons who are not Ministers or members of that House, the President of the House shall arrange a public explanation in the way demanded by the injured party and within the time limit under the rules of meeting of that particular House, without prejudice to his or her rights to sue.

The protection of the privilege under this Section shall extend to publishers and advertisers of the proceedings of the meeting in accordance with the regulations of the House of Representatives, the Senate, or the National Assembly as the case may be. It shall also extend to the person who the President allowed to speak or express views at the sitting, as well as to the licensed broadcasters and telecasters mutatis mutandis.

No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.

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

In the case where a criminal charge is brought against a member of the House of Representatives or a senator, whether the House is in session or not, the Court shall not try the case during a session, unless permission of the House of which he or she is a member is obtained or it is a case concerning the organic Act on the Election of Members of the House of Representatives and the Taking of Office of Senators, the organic Act on the Election Commission, the organic Act on Political Parties; provided that the trial of the Court shall not hinder such member from attending the sitting of the House.

The trial and jurisdiction 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 or her release as soon as the President of the House of which he or she is a member has so requested.

The order of release shall be effective as from the date of such order until the last day of the session.

During the expiration of the term or the dissolution of the House of Representatives, the Senate shall not hold its sitting except in the following cases:

1. a sitting at which the Senate shall act as the National Assembly under section 19, section 21, section 22, section 23, and section 189, and the votes taken shall be based on the number of senators;

2. a sitting at which the Senator shall consider having a person hold any office under applicable provisions of this Constitution;

3. a sitting at which the Senate shall consider and pass a resolution removing a person from office.

A sitting of the House of Representatives and of the Senate and a joint sitting of the National Assembly are 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.

The House of Representatives and the Senate have the power to make 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 organic law bills and 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 related matters. The House of Representatives and the Senate also have the power to make the rules of procedure governing codes of ethics of members and committee members, and other matters for the execution of this Constitution.

The House of Representatives and the Senate have the power to select and appoint members of each house to constitute a standing committee and have the power to select and appoint persons, being or not being its members, to constitute an ad hoc committee in order to perform any act, inquire into or study any matter within the powers and duties of the House and report its findings to the House. The resolution appointing such ad hoc committee must specify the activity or the matter concerned clearly and without repetition or duplication.

The committees under paragraph one have the power to demand documents from any person or summon any person to give statements of fact or opinions on the act or the matter under its inquiry or study. Such power shall be enforceable by law, but shall not be applicable to magistrates or judges who perform their duties concerning the trial and adjudication of legal proceedings or the personnel administration of each Court, nor to the Ombudsmen and members of independent organizations under this Constitution, who perform their duties as provided by this Constitution or by organic Acts, as the case may be.

In the case where the person under paragraph two is a Government official, official or employee of State agency, State enterprise or local government organization, the Chairman of the committee shall notify the Minister who supervises and controls the agency to which such person is attached in order to instruct him or her to act as prescribed in paragraph two, except that, in the case of the safety or benefit of importance to the State, it shall be deemed as a ground of an exemption to the compliance with paragraph two.

The privileges provided in section 130 shall also extend to the persons performing their duties under this section.

The number of members of a standing committee appointed solely from members of the House of Representatives shall be in proportion to or in close proportion to the number of members of the House of Representatives of each political party or group of political parties in the House of Representatives.

In the absence of the rules of procedure of the House of Representatives under section 134, the President of the House of Representatives shall determine the proportion under paragraph five.

A joint sitting of the National Assembly shall take place for the following purposes:

1. Approval of the appointment of Regent under Section 19;

2. Declaration of the Regent under Section 21;

3. Acknowledgement of amendments in the Palace Law regarding succession to the throne, B.E. 2497 under Section 22;

4. Acknowledgement or approval of the succession to the throne under Section 23;

5. Resolution to allow the National Assembly to discuss other matters during an ordinary legislative session under Section 127;

6. Approval of prorogation of the session under Section 127;

7. Opening of a session under Section 128;

8. Enactment of regulations on the sitting of the National Assembly under Section 137;

9. Approval to consider organic Bills or Bills under Section 145;

10. Advising on Bills or organic Bills under Section 151;

11. Approval to consider amendment to the Constitution, Bills, and organic Bills under Section 153 paragraph two;

12. Announcement of policy under Section 176;

13. Opening of a general debate under Section 179;

14. Approving declaration of war under Section 189;

15. Listening to clarification and approving a treaty under Section 190;

16. Amending the Constitution under Section 291.

In a joint sitting of the National Assembly, the rules of procedure of the National Assembly shall apply. In the absence of such rules, the rules of procedure of the House of Representatives shall apply mutatis mutandis.

In a joint sitting of the National Assembly, the provisions for both Houses shall apply mutatis mutandis, except in forming committees. The committee members from each House shall be closely proportional to the respective total number of the existing members of both Houses.

Enactment of Organic Bills requires the recommendation and approval of the National Assembly as follows:

1. Organic Act on election of members of the House of Representatives and selection of the Senate;

2. Organic Act on the Election Commission;

3. Organic Act on political parties;

4. Organic Act on referendum;

5. Organic Act on the Constitutional Court’s procedure;

6. Organic Act on the Ombudsman;

7. Organic Act on the criminal procedure for holders of political positions;

8. Organic Act on counter corruption;

9. Organic Act on State audit.

Organic Bills can only be proposed by:

1. The Council of Ministers

2. Members of the House of Representatives numbering not less than one fifth of the existing members in the House, or the combination of the House of Representatives and the Senate with members numbering not less than one fifth of the existing members of the two Houses combined; or

3. The Constitutional Court, the Supreme Court, or statutory bodies, who are care-taker government under the relevant organic Act.

Consideration of the organic Bill on the House of Representatives and the Senate shall be conducted in three stages or readings as follows:

1. In Stage 1, the vote concerns acceptance of the proposed Bill in principle. In Stage 2, the order of Sections is considered and the passage is based on a simple majority in each House.

2. In Stage 3, the proposed Bill must receive votes exceeding one half of the existing members of each House for it to become an Act.

The provisions in Part 6 of Chapter 7 on enactment of organic Bills shall apply mutatis mutandis.

When the National Assembly has approved an organic Bill, before presenting it to the King for signature, a copy shall be sent to the Constitutional Court to ascertain whether it is consistent with the Constitution, which has to be completed within 30 days from the date the document is received.

If the Constitutional Court rules that the organic Bill contains a point or points in conflict with the Constitution, the said point(s) shall be dropped. If the decision says the important substances of the organic Bill contravene the provisions in the Constitution, then the entire Bill shall be rejected.

In cases of rejected Bill by the Constitutional Court that made the organic Bill dropped under paragraph 2, this organic Bill shall be sent back to the House of Representative and the Senate for adjustment, so that Bill shall not contravene the provision in the Constitution. The proposed Bill must receive votes exceeding one half of the existing members of each House for it to become an Act; and the Prime Minister shall proceed in accordance with Section 90, section 150 or Section 151 as the case may be.

By virtue of Section 139, a Bill may be proposed only by:

1. Council of Ministers,

2. Members of the House of Representatives of no fewer than 20,

3. Courts or statutory agencies, only for laws connected with establishment of agencies and laws under the care of these agencies, or

4. Eligible voters of no fewer than 10,000 who sign a petition to propose legislation under Section 163.

If the Bill proposed by persons under (2), (3), and (4) is connected with money, it has to be endorsed by the Prime Minister.

If the propose by eligible voters under (4), and other person under (1), (2) provide the same Bill, the Bill under section 163 paragraph 4 has to be presented too.

A Bill has to propose first to the House of Representatives.

In proposing a Bill under paragraph one, it is necessary to attach to the proposed Bill, records of analysis and summary of the key points.

The Bill presented to the National Assembly must be disclosed to the public and the people must be able to have ready access to its detailed contents.

A money Bill means the Bill concerns any one of the matters listed below:

1. Imposition, abolition, reduction, alteration, relief or regulations about taxes or duties;

2. Appropriations, receipts, maintenance, spending of State moneys, or transfer of State budgets;

3. Borrowing, guaranteeing, uses of loans, or commitment of State assets; and

4. Currency.

If in doubt whether the proposed Bill concerns money, which, if it does, shall require Prime Minister’s endorsement, the decision shall be left to the power of a joint sitting between the President of the House of Representatives and the Chairs of all the Parliamentary Standing Committees.

The President of the House of Representatives shall arrange a joint sitting under paragraph two within 15 days from the day the issue arises.

The resolution of the joint sitting under paragraph two shall be based on a simple majority. If the votes for and against are equal, the President of the House of Representatives shall have the casting vote.

For any Bill or organic Bill introduced by members of the House of Representatives which, at the stage of adopting its principle, was not a money Bill, but after amendment by the House, the President of the House decides it has the characteristics of a money Bill, the President of the House shall temporarily suspend the consideration of the Bill. Within fifteen days of the suspension, he or she shall refer it to a joint sitting of the President of the House and Chairs of all the Standing Committees to make a decision thereon.

If the joint sitting confirms under paragraph one that the amendment has made the Bill bear the characteristics of a money Bill, the President of the House of Representatives shall send the said Bill to the Prime Minister for endorsement. If the Prime Minister refuses to endorse, then the House of Representatives shall make further amendment so that the Bill is not a money Bill.

If a Bill or organic Bill, which the Council of Ministers in its policy statement to the National Assembly under Section 176 said was necessary for the administration of State affairs, is not passed by the House of Representatives, and if the votes against it is less than one-half of the existing members of the House, the Council of Ministers may request the National Assembly to hold a joint sitting to review the resolution. If the joint sitting agrees, the National Assembly shall appoint persons, members or non-members, in equal numbers between the two Houses as specified by the House of Representatives, to form a joint committee of the National Assembly for considering the Bill in question. The joint committee shall then prepare a report and submit the Bill which it has considered to the National Assembly for approval. If it is approved, the Bill shall move forward under Section 146. Otherwise, it shall lapse.

Under Section 168, when the House of Representatives has considered a Bill introduced under Section 142 and voted in favors, the House of Representatives shall submit the Bill in question to the Senate for consideration. The Senate must finish its deliberation within 60 days or within 30 days if it is a money Bill. As a special case, the Senate may however extend the time limit by another 30 days maximum. All the dates must be set with regard to the session time remaining from the day the Bill reaches the Senate.

The said period in paragraph one shall not include the time the Constitutional Court takes to consider the Bill under Section 149.

If the Senate cannot finish consideration of the Bill within the time mentioned in paragraph one, it shall be deemed as if it has approved the Bill.

If the House of Representatives submit a money Bill to the Senate, the President of the House must indicate so. The President of the House of Representatives does say that it is a money Bill. The notification of the President of the House of Representatives shall be considered final.

If the President of the House of Representatives does not say that it is a money Bill, then the Bill shall be regarded as a non-money Bill.

By virtue of Section 168, when the Senate has finished consideration of a Bill:

1. If the Senate agrees with the House of Representatives, the Senate shall proceed under Section 150;

2. If the Senate does not agree with the House of Representatives, the Senate shall suspend the Bill and return it to the House of Representatives;

3. If the Bill is amended, the Senate shall send the amended Bill to the House of Representatives. If the House of Representatives agrees with the amendment, the House of Representatives shall proceed under Section 150. In all other cases, each House shall appoint members and non- members of the respective Houses in equal numbers as specified by the House of Representatives to form a joint committee for considering the Bill. The joint committee shall jointly prepare a report and submit the Bill which it has considered to both Houses. If both Houses approve, the Bill shall move forward in accordance with Section 150. If either of the Houses disapproves, the Bill shall be suspended for the time being.

The joint committee may ask for documents from someone or summon him or her to give facts or opinion on the consideration of the Bill. The privilege provided in Section 1304 shall protect whoever acts under this Section as well.

The sitting of the joint committee must have the presence of half the number of committee members to have a quorum. Section 137 shall apply mutatis mutandis.

If the Senate does not return the Bill to the House within the stipulated time under Section 146, it shall be considered as if the Senate approves and the Bill shall move forward under Section 150.

A Bill suspended under Section 147 may be reconsidered only after a lapse of 180 days from the date the Senate sent it back to the House of Representatives, if suspended under Section 147 (2), or from the date of rejection by one or the other House if suspended under Section 147 (3). In such cases, if the House of Representatives reaffirms in a motion to keep the original Bill or the one the joint committee has adopted with votes of more than half the number of the existing members of the House of Representatives, then the Bill shall be considered approved and shall proceed according to Section 150.

If the suspended Bill is about money, the House of Representatives may reconsider it afresh immediately. In such cases, if the House of Representatives stand firm on the original Bill or the one the joint committee has adopted with a vote of more than half the number of the existing members of the House of Representatives, then the Bill shall be considered approved and shall proceed in accordance with Section 150.

During the period of suspension under Section 147, the Council of Ministers or members of the House of Representatives shall not introduce Bills of the same or similar principle.

If the House of Representatives or the Senate think the new Bill introduced or submitted for their consideration has the same or similar principle to the suspended Bill, the President of the House of Representatives or the President of the Senate shall submit it to the Constitutional Court for review. If the Constitutional Court concurs, then the Bill shall be considered to have lapsed.

After the Bill is approved by the House of Representatives and within 20 days from the day it was received from the National Assembly, the Prime Minister shall submit it to the King for His signature. And immediately following its announcement in the Government Gazette, the Bill shall be in force as law.

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 must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of the existing members of both Houses, the Prime Minister shall present such bill to the King for signature once again. If the King does not sign and return the bill within thirty days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had signed it.

In considering a bill the substance of which is decided by the President of the House of Representatives to be concerned with children, youth, women, older persons, the disabled or handicapped, if the House of Representatives does not consider it by its full committee, the House of Representatives shall appoint an ad hoc committee consisting of representatives, from private organizations concerned with the respective types of persons, of not less than one-third of the total number of members of the committee, and with a close proportion of male and female members.

In the case where the term of the House of Representatives expires or the House of Representatives is dissolved, the draft Constitution Amendment or all bills to which the King has refused His assent or which have not been returned by the King within ninety days, shall lapse.

In the case where the term of the House of Representatives expires or where the House of Representatives is dissolved, the National Assembly, the House of Representatives or the Senate, as the case may be, may, after a general election of members of the House of Representatives, continue the consideration of the draft Constitution Amendment or 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 does not so request within such period of time, such draft Constitution Amendment or bill shall lapse.

The further consideration of the draft Constitution Amendment or the bill under paragraph two shall be in accordance with the rules of procedure of the House of Representatives, the Senate or the National Assembly, as the case may be.

Before the Prime Minister submits a Bill passed by the National Assembly to the King for His signature under Section 150 or before re-submitting a Bill that the National Assembly has reaffirmed under Section 151, the following shall be done:

1. If members of the House of Representatives, of the Senate, or the two Houses combined numbering not less than one-tenth of the existing members of the two Houses combined find anything contradicting the Constitution in the Bill, or if its passage is procedurally unconstitutional, they shall express their opinion to the President of the House of Representatives, the President of the Senate, or the President of the National Assembly as the case may be, and cause him or her to submit that opinion to the Constitutional Court for consideration and notify the Prime Minister without delay.

2. If the Prime Minister thinks the said Bill contains something that is in conflict with this Constitution or is procedurally unconstitutional, he shall submit such opinion to the Constitutional Court for consideration and notify the President of the House of Representatives and the President of the Senate without delay.

Pending the decision of the Constitutional Court, the Prime Minister shall suspend the process of announcement in the Government Gazette.

If the Constitutional Court rules that the Bill does contain something in conflict with this Constitution or is procedurally unconstitutional, particularly if the said text is substantively important, the Bill shall be considered to have lapsed.

If the Constitutional Court rules that the Bill contains a passage or passages that contradict this Constitution but do not come into the frame of paragraph 3, the said passage(s) shall be dropped and the Prime Minister shall proceed in accordance with Section 150 or Section 151 as the case may be.

The provisions in Section 154 shall apply mutatis mutandis to Bills on the rules of procedure of the House of Representatives, of the Senate, and of the National Assembly, which have been approved by the House of Representatives, the Senate, or the National Assembly as the case may be, but have not been announced in the Government Gazette.

Every member of the House of Representatives and of the Senate has the right to question a Minister or Ministers about work under their responsibility. However, the Minister or Ministers have the right not to answer if the Council of Ministers decides it is not yet time to disclose on ground that the matter concerns national security or interests.

In administering the State affairs, an important problem, which affects national or public interest and attracts public attention, may arise and become a matter of urgency. [In the circumstances], a member of the House of Representatives may notify the President of the House in writing before the sitting of the day begins that he or she wishes to question the Prime Minister or Minister concerned with the issue without having to specify the question but asking the President of the House to enter the said item in the agenda of the day.

Interpellation or ministerial questioning may take place once a week, allowing a member of the House of Representatives to orally ask no more than three questions in accordance with the rules of procedure of the House of Representatives.

Members of the House of Representatives of no less than one-fifth of the existing members of the House shall have the right to call for a general debate of no-confidence in the Prime Minister. The said motion must propose a suitable replacement, with qualifications specified in Section 171 paragraph two. After the motion is lodged, it is not permitted to dissolve the House unless the motion is withdrawn or the motion is not carried under paragraph three.

A motion for a general debate under paragraph one shall not be permitted without first submitting a petition under Section 271, specifically if it concerns the conduct of the Prime Minister who has become “unusually rich” through apparent misfeasance or for deliberate defiance of the provisions of the Constitution or law. When the petition is submitted under Section 271, the proceedings shall move forward without having to wait for the results of the action under Section 272.

When the general debate has ended without passing the motion of no- confidence, such a resolution shall not be on the same day the general debate ends. For the motion of no-confidence to be carried, it must have votes exceeding half the number of the existing members of the House.

Where the votes is less than half the number of the existing members of the House of the House of Representatives, those proposing the motion shall have no right to call another debate of no-confidence the rest of the session.

Where the votes exceed one-half of the existing members of the House, the President shall submit the proposed name under paragraph one to the King for His appointment. He or she shall not apply Section 172.

Members of the House of Representatives of not less than one-sixth of the total number of the existing members of the House of Representatives have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister. The provisions of section 158, paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.

The Minister who has vacated his office but is still holding another ministerial position after the members of the House of Representatives submits the motion under paragraph one shall still be subject to the debate for the purpose of passing a vote of no-confidence under paragraph one.

The provision of paragraph two shall apply mutatis mutandis to the Minister who has vacated his office for less than a period of ninety days when the members of the House of Representatives submit the motion under paragraph one, and who is still holding another ministerial position.

In the case where the number of members of the House of Representatives are not members of political parties to which ministers belong is insufficient to submit a motion for the purpose of passing a vote of no-confidence under section 158 or section 159, members of the House of Representatives of more than half of the total number of the existing members shall have the right to submit a motion for the purpose of passing a vote of no-confidence on the prime minister or an individual minister under section 158 or section 159 after the Council of Ministers has been in office for more than two years.

Senators of not less than one-thirds of the total number of the existing members of the Senate have the right to submit a motion for a general debate in the Senate for the purpose of requesting the Council of Ministers to give statements of fact or explain important problems in connection with the administration of the State affairs without a resolution to be passed.

The motion for the general debate under this section may be submitted only once in each session.

In a sitting of the House of Representatives or the Senate during which an interpellation is raised concerning the carrying out of duties by ministers or in the case of a general debate of no- confidence in the prime minister or individual ministers is held, the prime minister or minister subject to the no-confidence debate shall have the duty to attend such sitting to answer such an interpellation in person, except if they are unavoidably prevented from attending such a sitting, for which they must notify the President of the House of Representatives and the president of the Senate in advance or on the day of such sitting.

Members of the House of Representatives shall be free from resolutions adopted by political parties in raising an interpellation, engaging in a debate, and voting in a no-confidence debate.

The trial and adjudication of cases are the powers of the Courts, which must proceed in accordance with the Constitution and the law and in the name of the King.

A judge is free and independent to adjudicate correctly, justly, and quickly in accordance with the Constitution and law.

Transfer of Judges and Justices without their consent is prohibited except for timing as provided by the law and promotion, or in the case of disciplinary action or being a criminal defendant, or prejudicial to an on-going trial, unavoidable necessity, or force majeure, as provided by law. Judges and Justices are prohibited to hold political positions.

All courts can only be established by Acts.

A new court for the trial and adjudication of any particular case or a case of any particular charge in place of an ordinary Court existing under the law and having jurisdiction over such case shall not be established.

A law is prohibited if it would have an effect of changing or amending the law on the organization of Courts or on judicial procedure for the purpose of its application to a particular case.

Where there is a dispute over the competent jurisdiction among the Court of Justice, the Administrative Court, the Military Court or any other Court, it shall be decided by a committee consisting of the President of the Supreme Court of Justice as Chairman, the President of the Supreme Administrative Court, the President of such other Court, and not more than four qualified persons as members as provided by law.

The rules of submission of the dispute under paragraph one shall be as provided by law.

The King appoints and removes judges except in the case of removal from office upon death.

The appointment and removal from office of a judge of any Court other than the Constitutional Court, the Court of Justice, the Administrative Court and the Military Court as well as the adjudicative jurisdiction and procedure of such Courts shall be in accordance with the law on the establishment of such Courts.

Before taking office, a judge shall make a solemn declaration before the King in the following words:

"I, (name of the declarer) do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the name of the King without any partiality in the interest of justice, of the people and of the public order of the Kingdom. I will also uphold and observe the democratic regime of government with the King as Head of the State, the Constitution of the Kingdom of Thailand and the law in every respect."

Salaries, emoluments and other benefits of judges shall be as provided by law; provided that the system of salary-scale or emoluments applicable to civil servants shall not be applied.

The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen, members of the National Counter Corruption Commission and members of the State Audit Commission mutatis mutandis.

No person may simultaneously become a member, whether an ex officio member or a qualified member, of the Judicial Commission of the Courts of Justice, the Administrative Court or any other Court as provided by law.

The Constitutional Court consists of the President and eight other Judges to be appointed by the King upon advice of the Senate from the following persons:

1. three Judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;

2. two Judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;

3. two qualified persons in law with thorough knowledge and expertise of law, to be selected under Section 206;

4. two qualified persons in political science, public administration, or other social sciences with thorough knowledge and expertise in public administration, to be selected under Section 206.

Where no Judges in the Supreme Court of Justice or Justices in the Supreme Administrative Court are selected under (1) or (2), the general meeting of the Supreme Court or the general meeting of the Supreme Administrative Court as the case may be select qualified candidates without prohibited characteristics under Section 205 and with knowledge and expertise in law fit for the performance of duties as Constitutional Court justices under (1) or (2) as the case may be.

Those selected under paragraph one shall meet and select the President of The Constitutional Court and notify the President of the Senate.

The President of the Senate shall countersign the royal appointment of the President and Justices of the Constitutional Court.

The qualified person under Section 204 (3) and (4) shall possess the qualifications and shall not be under any of the prohibitions as follows:

1. Being of Thai nationality by birth;

2. Being not less than forty five years of age;

3. Having been, in the past, a Minister, an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a member of the National Counter Corruption Commission or a member of the State Audit Commission, or having served, in the past, in a position of not lower than Deputy Prosecutor General, Director-General or its equivalent, or holding a position of not lower than Professor, or a lawyer of at least thirty years of continuous experience from the day of nomination;

4. Not being under any of the prohibitions under Section 100 or Section 102 (1), (2), (4), (5), (6), (7), (13), or (14);

5. Not being a member of the House of Representatives, Senator, political official, member of a local assembly or local administrator;

6. Not being or having been, in the past, a member or holder of other position of a political party over the period of three years before taking of office;

7. Not being an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission, or a member of the National Human Rights Commission.

The selection and election of Judges of the Constitutional Court under Section 204 (3) and (4) shall proceed as follows:

1. There shall be a Selection Committee for Judges of the Constitutional Court consisting of the President of the Supreme Court of Justice, the President of the Supreme Administrative Court, the President of the House of Representatives, the Opposition Leader, and one President to be selected from and among the Presidents of the statutory Independent Bodies. The Selection Committee thus formed shall select and elect the qualified persons under Section 204 (3) and (4) within thirty days from the date when selection and election has to be made and submit a name- list of those selected with their consent to the President of the Senate. The decision of the selection process is made by an open ballot and must have a vote of no less than two-third of the total number of the existing Committee members. If there are some vacancies in the Committee or if there are members but these cannot perform duties, if there are fewer than one half, the members available shall constitute the Selection Committee;

2. The President of the Senate shall convoke the Senate for a sitting for the purpose of passing persons of approval of the selected under (1) within 30 days from the date of receiving the name list. The vote shall be by secret ballot. If the Senate approves, the President of the Senate submits the name(s) to the King for appointment. Otherwise, in part or in whole, the President of the Senate shall send the names of those rejected back to the Selection Committee for the Constitutional Court, complete with reasons. If the Selection Committee agrees with the rejection, then the Senate shall renew the search. If the Selection Committee disagrees and resolves to confirm the original resolution with unanimous votes, the President of the Senate shall submit the name to the King for appointment.

Where it is not possible to select qualified persons within the time limit under (1), for any reason, the general meeting of the Supreme Court shall appoint three judges in the Supreme Court with positions of not lower than Judges of the Supreme Court; the general meeting of the Supreme Administrative Court shall appoint two Justices for Selection Committee to perform the functions in place of (1).

The President and Judges of the Constitutional Court shall not:

1. be a Government official holding a permanent position or receiving a salary;

2. be an official or employee of a State agency, State enterprise or local government organization or a director or adviser of a State enterprise or State agency;

3. hold any position in a partnership, a company or an organization carrying out business with a view to sharing profits or incomes, or be an employee of any person;

4. engage in any independent profession.

In the case where the general meeting of the Supreme Court of Justice, the general meeting of the Supreme Administrative Court or the Senate, as the case may be, has elected the person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of the election. If such person has not resigned or has not ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be a judge of the Constitutional Court and the provisions of section 204 and section 206 shall apply.

The President and Judges of the Constitutional Court shall hold office for nine years as from the date of their appointment by the King and shall hold office for only one term.

The outgoing President and Judges of the Constitutional Court shall remain in office to perform duties until the newly appointed President and Judges of the Constitutional Court take office.

The President and Judges of the Constitutional Court shall be judicial officials under the law.

In addition to the vacation of office upon the expiration of term, the President and Justices of the Constitutional Court vacate office upon:

1. death;

2. being of seventy years of age;

3. resignation;

4. being disqualified or being under any of the prohibitions under Section 205;

5. having done an act in violation of Section 207;

6. the Senate passing a resolution under Section 274;

7. being sentenced by a judgment to imprisonment even if the judgment is not final or the sentence is suspended except for negligence, minor offences, or defamation.

When a case under paragraph one occurs, the remaining judges shall continue to perform their duties subject to Section 216.

Where the President and Justices of the Constitutional Court vacate office en masse at the expiration of term, the steps under Section 204 and Section 206 shall be taken within thirty days as from the date of the vacation of office.

Where the President and Justices of the Constitutional Court vacate office otherwise than in the case under paragraph one, the following steps shall be taken:

1. In the case of a Justice of the Constitutional Court who was selected at the general meeting of the Supreme Court of Justice, Section 204 shall apply within 30 days from the date of vacating office;

2. In the case of a Justice of the Constitutional Court who was selected at the general meeting of the Supreme Administrative Court, Section 204 shall apply within 30 days from the date of vacating office;

3. In the case of a Justice of the Constitutional Court under Section 204 (3) or (4), Section 206 shall apply within 30 days from the date of vacating office.

In the case where some or all Justices of the Constitutional Court vacate office out of a session of the National Assembly, the steps under Section 204 shall be taken within 30 days from the date of the opening of a session of the National Assembly.

In the case where the President of the Constitutional Court vacates office, the provisions of Section 204 paragraph three shall apply.

In applying the provisions of any law to any case, if the Court by itself is of the opinion that, or a party to the case raises an objection that, the provisions of such law fall within the provisions of Section 6 and there has not yet been a decision of the Constitutional Court on such provisions, the Court shall submit its opinion in the course of official service, to the Constitutional Court for consideration and decision. Meanwhile, the Court can continue deliberation, but hold the judgment pending the decision from the Constitutional Court.

In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one is not essential for decision, the Constitutional Court may refuse to accept the case for consideration.

The decision of the Constitutional Court shall apply to all cases but shall not affect final judgments of the Court.

A person whose rights and freedoms provided by this Constitution have been violated is entitled to petition to the Constitutional Court for decision whether the provisions of the law contradict the Constitution.

The exercise of the rights to petition under paragraph one shall be the last resort in accordance with the provisions of the organic Act on the Constitutional Procedure.

In the performance of duties, the Constitutional Court shall have the power to demand documents or relevant evidence from any person or summon any person to give statements of fact as well as request the Courts, inquiry officials, a State agency, State enterprise or local government organization to carry out any act for the purpose of its consideration.

The Constitutional Court shall have the power to appoint a person or a group of persons to carry out duties as entrusted.

In the case where a dispute arises as to the powers and duties of two or more non-court organs under the Constitution, the President of the National Assembly, the Prime Minister, or such organs shall submit the matter together with an opinion to the Constitutional Court for decision.

In the case where the Constitutional Court is of the opinion that a matter or case having been petitioned for its decision is a matter or case that it has once made a decision on, the Constitutional Court may refuse to accept the matter or case for consideration.

The quorum of judges of the Constitutional Court for hearing and giving a decision shall consist of not less than five judges. The decision of the Constitutional Court shall be made by a majority of votes, unless otherwise provided in this Constitution.

Every judge of the Constitutional Court who constitutes a quorum shall give opinions for a decision on his or her own part and make an oral statement to the meeting before passing a resolution.

The decisions of the Constitutional Court and all judges thereof shall be published in the Government Gazette.

The decision of the Constitutional Court must at least consist of the background or allegation, summary of facts obtained from hearings, reasons for the decision on questions of fact and questions of law and the provisions of the Constitution and the law invoked and resorted to.

The decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organs.

The procedure of the Constitutional Court shall be in accordance with the organic Act on the Procedure of the Constitutional Court.

The Constitutional Court shall have its independent secretariat, with the Secretary-General of the Office of the Constitutional Court as the superior responsible directly to the President of the Constitutional Court.

The appointment of the Secretary-General of the Office of the Constitutional Court must be nominated by the President of the Constitutional Court and be approved by judges of the Constitutional Court as provided by law.

The Office of the Constitutional Court shall have autonomy in personnel administration, budget and other activities as provided by law.

The Courts of Justice have the powers to try and adjudicate all cases except those specified by this Constitution or the law to be within the jurisdiction of other courts.

There shall be three levels of Courts of Justice, namely: Courts of First Instance, Courts of Appeal, and the Supreme Court of Justice, except otherwise provided by this Constitution or other laws.

The Supreme Court of Justice shall have powers as provided by the Constitution or the law to consider and adjudicate cases brought before it directly, appeal cases, or review the decisions or orders of the Court of First Instance or the Court of Appeal except in cases in which the Supreme Court of Justice thinks the legal point and facts presented for appeal are not sufficiently substantive. In such cases, the Supreme Court shall have the powers not to accept the case subject to the procedure of the general meeting.

The Supreme Court shall have the power to consider and adjudicate a case connected with elections and revocation of the right to stand in the election of members of the House of Representatives. And the Appellate Court shall have the power to consider and adjudicate cases connected with elections and revocation of the right to stand in local elections and election of local administrators. The proceedings shall be in accordance with the procedure of the general meeting of the Supreme Court, using the inquisitorial method and acting quickly.

There shall be in the Supreme Court of Justice a Criminal Division for Persons Holding Political Positions, which quorum in court consists of nine Judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot and on a case-by-case basis.

The competence of the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions and the criminal procedure for such persons shall be as provided by this Constitution and organic law on criminal procedure for persons holding political positions.

The appointment and removal from office of a Judge of a Court of Justice must be approved by the Judicial Commission of the Courts of Justice before they are tendered to the King.

The promotion, salary increase, and punishment of judges of the Courts of Justice must be approved by the Judicial Commission of the Courts of Justice. For this purpose, the Judicial Commission of the Courts of Justice shall appoint a sub-committee in each level of Courts for preparing and presenting its opinion on such matter for consideration.

The approval by the Judicial Commission of the Courts of Justice under paragraph one and paragraph two, has to consider about erudition, performance and moral ethic of his or her mainly.

The Judicial Commission of the Courts of Justice consists of the following persons:

1. President of the Supreme Court of Justice as Chairman,;

2. Qualified members of all levels of Courts: six from the Supreme Court, four from the Appellate Courts, and two from the Courts of First Instance, who are judges of each level of Courts and elected by judicial officials of all level of Courts;

3. Two qualified members who are not or were not judicial officials and who are elected by the Senate.

The qualifications, prohibitions and procedure for the election of the qualified members shall be in accordance with the provisions of the law.

In cases of no qualified members under paragraph one (3) or not complete of two qualified members; if the Judicial Commission of the Courts of Justice less than 7 members see the necessity of the pressing that shall be approved, the Judicial Commission of the Courts of Justice shall be one of the composition and shall have a meeting for making the decision.

The Courts of Justice shall have an independent secretariat, with the Secretary-General of the Office of the Courts of Justice as the superior responsible directly to the President of the Supreme Court of Justice.

The appointment of the Secretary-General of the Office of the Courts of Justice shall be proposed by the President of the Supreme Court of Justice and must be approved by the Judicial Commission of the Courts of Justice.

The Office of the Courts of Justice shall have autonomy in personnel administration, budget and other activities as provided by law.

Administrative Courts have the powers to try and adjudicate cases of dispute between a State agency. State enterprise, local government organization, or State official under the super-intendance or supervision of the Government on one part and a private individual on the other part, or between a State agency. State enterprise, local government organization, or State official under the superintendence or supervision of the Government on one part and another such agency, enterprise, organization or official on the other part, which is the dispute as a consequence of the act or omission of the act that must be, according to the law, performed by such State agency, State enterprise, local government organization, or State official, or as a consequence of the act or omission of the act under the responsibility of such State agency, State enterprise, local government organization or State official in the performance of duties under the law, as provided by law.

The powers of the Supreme Administrative Courts under paragraph one are not combine with the adjudicate cases of the Constitution Court or any act that in the powers of the Constitution Court under that Constitution.

There shall be the Supreme Administrative Court and Administrative Courts of First Instance, and there may also be the Appellate Administrative Court.

The appointment and removal from office of an administrative judge must be approved by the Judicial Commission of the Administrative Courts as provided by law before they are tendered to the King.

Qualified persons in the field of law or the administration of the State affairs may be appointed as judges of the Supreme Administrative Court. Such appointment shall be made in the number of not less than one-third of the total number of judges of the Supreme Administrative Court and must be approved by the Judicial Commission of the Administrative Courts as provided by law and by the Senate before it is tendered to the King.

The promotion, increase of salaries, and punishment of administrative judges must be approved by the Judicial Commission of the Administrative Courts as provided by law.

Number of administrative judges in each Administrative Court shall be prescribed by the Judicial Commission of the Administrative Courts.

The appointment of an administrative judge as President of the Supreme Administrative Court, shall, when already approved by the Judicial Commission of the Administrative Courts and the Senate, be tendered by the Prime Minister to the King for appointment.

The Judicial Commission of the Administrative Courts consists of the following persons:

1. President of the Supreme Administrative Court as Chairman;

2. Nine qualified members who are administrative judges and elected by administrative judges among themselves;

3. Three qualified members, two of whom are elected by the Senate and the other by the Council of Ministers.

The qualifications, prohibitions and procedure for the election of the qualified members shall be in accordance with the provisions of the law.

In the case where there are no qualified members under paragraph one (3), or there are less than three of them, if members of the Judicial Commission of the Administrative Courts of not less than six are of the opinion that any case is an urgent matter requiring the Commission’s approval, such members shall form a quorum to consider that urgent matter.

The Administrative Courts shall have an independent secretariat, with the Secretary-General of the Office of the Administrative Courts as the superior responsible directly to the President of the Supreme Administrative Court.

The appointment of the Secretary-General of the Office of the Administrative Courts must be nominated by the President of the Supreme Administrative Court and be approved by the Judicial Commission of Administrative Courts as provided by law.

The Office of the Administrative Courts shall have autonomy in personnel administration, budget and other activities as provided by law.

Military Courts have the powers to try and adjudicate criminal cases, of which perpetrators are within jurisdiction of the Military Courts, and other cases as provided by law.

The appointment and removal from office of military judges shall be as provided by law.

Persons holding the following political positions shall submit an account showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris to the National Counter Corruption Commission each time taking or vacating office:

1. Prime Minister;

2. Minister;

3. Member of the House of Representatives;

4. Senator;

5. Other political official;

6. Local administrator and member of a local assembly as provided by law.

The account under paragraph one shall be submitted together with supporting documents proving the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year.

The submission of an account showing the particulars of assets and liabilities under paragraph one and paragraph two shall include the assets which the political office holder has entrusted to others or are in possession and care of others, directly or otherwise.

The account showing the particulars of assets and liabilities under Section 259 shall disclose the particulars of assets and liabilities actually existing as of the date of submission, and shall be submitted within specified periods as follows:

1. Taking office: within 30 days as from the date of taking office;

2. Vacating office: within 30 days as from the date of the vacation;

3. In the case where the person under Section 259, who has already submitted the account, dies while being in office or before submitting the same after vacating office, an heir or an administrator of an estate of such person shall submit an account showing the particulars of assets and liabilities existing on the date of such person’s death within 90 days as from the date of the death.