Thailand's Constitution 2014
Thailand's Constitution 2014
constituteproject.org
Thailand's Constitution of
2014
© Pakorn Nilprapunt
Translated by Pakorn Nilprapunt
Prepared for distribution on constituteproject.org with content generously provided by Pakorn
Nilprapunt. This document has been recompiled and reformatted using texts collected from
http://lawdrafter.blogspot.de/2014/07/translation-of-constitution-of-ki
constituteproject.org PDF generated: 06 Jun 2017, 22:24
Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Preamble
SOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADUYADEJ
SAYAMINTHARATHIRAT BOROMMANATTHABOPHIT
Given on the 22nd Day of July B.E. 2557 (2014)
Being the 69th Year of the Present Reign
• Political theorists/figures Phrabat Somdet Phra Paramintharamaha Bhumibol Aduyadej Mahitalathibet
Ramathibodi Chakkri Narubodin Sayamintharathirat Borommanatthabophit is
graciously pleased to proclaim that:
Whereas the National Council for Peace and Order comprising military and police
forces respectfully informed His Majesty that severe political conflict had emerged
and continued within the precinct of Bangkok Metropolitan and the contiguous
areas for the extended period of time and had hastily spread throughout almost all
regions of the country. This situation had not only broken the unification of the
people but also instituted harmful attitude amongst Thais. The use of illegal force
and lethal weapons against whom having different attitudes came out several times.
Public safety and living conditions of the people became hardship accordingly.
National economic and State administration had then been interrupted and the
exercise of the sovereign powers through the legislative, the executive and the
judiciary had likewise been disrupted thereby. Law enforcement was failure. This
sort of perplexity had never been found. Though the government tried to solve the
problem through the existed legal mechanisms and measures, e.g. applying the laws
relating to the maintenance of public peace and order, dissolving the House of
Representatives and running the general election; and such third parties as private
entities, the Constitutional Organizations, political parties, the armed forces and the
Senate tried to figure out the conflict by means of peaceful negotiation, these tries
however came to no avail. In addition, the new legal and political conflicts unveiled
and made the problems more complicated. The divergence of thoughts had
broadened widely and became more seriously till the portrayal of riot was
foreseeable. This chaotic situation might be harmful to lives, properties and living
conditions of the public at large, works and debts of farmers; especially rice farmers,
national economic development, prevention of natural disasters, trust in sovereign
powers and confidence of foreign investors. Further, criminals took this chance to do
more crimes and ignited much unrest which inevitably undermined national security
and reliance of the public to the democratic regime of government with the King as
the Head of State. The National Council for Peace and Order therefore had no choice
to deal with the problems other than seizing and taking control of the State
administration on the 22nd Day of May B.E. 2557 (2014). In addition to declaring the
Constitution of the Kingdom of Thailand B.E. 2550 (2007), except the provisions of
Chapter II The King, come to an end, the National Council for Peace and Order
planned to restore national peace and order and the plan was divided into three
phrases. The first and most urgent phrase was to deter the use of illegal force and
lethal weapons, to cease public mistrust and to alleviate economic, social, political
and administrative problems accumulated for more than six months. The second
phrase was to bring into force the Interim Constitution in order to establish the
National Legislative Assembly to exercise the legislative power and the Council of
Ministers to exercise the executive power so as to restore national peace and order,
public unification and justice, to solve economic, social, political and administrative
problems and to enact urgent and necessity legislations. The National Reform
Council and other necessary entities shall be established to drive political and other
reformations systematically. The new Constitution laying down appropriate political
system, measures for prevention and suppression of corruption and efficient,
effective and fair measures for examination of the exercise of State powers shall also
be drafted and completed within this phrase. All these missions shall be handed on to
the representatives and the Council of Ministers under the new Constitution in the
last and final phrase. For the completion of the restoration plan as mentioned above,
regard shall be had to fundamental principles rather than symbolic procedure of the
democratic regime of government. In order to facilitate the restoration process,
peaceful atmosphere and harmony shall be created and maintained so as to bring
back public pleasure, meanwhile the unclear, inefficient and unfair rules and
procedures which were the causes of conflict shall be reviewed in compliance with
real public needs. Though the completion of the restoration process as planned
might take a period of time, but value arising therefrom would be better than letting
the crisis went along disorderly.
• Source of constitutional authority Be it, therefore, commanded by the King that the following provisions shall be
promulgated as the Interim Constitution of the Kingdom of Thailand until the new
Constitution drafted under the provisions of this Constitution comes into force.
Section 1
Thailand is one and indivisible Kingdom.
Section 2
• Name/structure of executive(s) Thailand adopts a democratic regime of government with the King as the Head of
• Type of government envisioned
State.
The provisions of Chapter II The King of the Constitution of the Kingdom of Thailand
B.E. 2540 (2007) which still in force by the Notification of the National Council for
Peace and Order No. 11/2557 dated 22nd Day of May B.E. 2557 (2014) shall be
continued in force as an integral part of this Constitution, but, subject to section 43
paragraph one, anywhere in those provisions which refer to the National Assembly
or the President of the National Assembly shall mean the National Legislative
Assembly or the President of the National Legislative Assembly under this
Constitution, as the case may be.
Section 3
Sovereign powers belong to Thai people. The King as the Head of State shall exercise
such powers through the National Legislative Assembly, the Council of Ministers and
the Judiciary under the provisions of this Constitution.
• Human dignity
• General guarantee of equality
Section 4
• International law
Subject to the provisions of this Constitution, all human dignity, rights, liberties and
equality of the people protected by the constitutional convention under a
democratic regime of government with the King as the Head of State, and by
international obligations bound by Thailand, shall be protected and upheld by this
Constitution.
Section 5
Whenever no provision under this Constitution is applicable to any case, it shall be
done or decided in accordance with the constitutional convention under a
democratic regime of government with the King as the Head of State, but such
constitutional convention shall not contrary to, or inconsistent with, this
Constitution.
• Establishment of administrative courts In the case where the question concerning the decision under paragraph one arises
• Structure of the courts
in the affairs of the National Legislative Assembly, it shall be decided by the National
Legislative Assembly. If the question does not arise in the affairs of the National
Legislative Assembly, the National Council for Peace and Order, the Council of
Ministers, the Supreme Court or the Supreme Administrative Court may request the
Constitutional Court to make decision thereon, but the request of the Supreme
Court or the Supreme Administrative Court shall be approved by the plenary session
of the Supreme Court or the Supreme Administrative Court and on the matter
related to the trial and adjudication of cases.
Section 6
• Minimum age for first chamber There shall be the National Legislative Assembly, consisting of not more than two
• Eligibility for first chamber
• Size of first chamber hundred and twenty members as appointed by the King from the persons of Thai
• First chamber selection
nationality by birth of not less than forty years of age in accordance with the
recommendation of the National Council for Peace and Order.
• Structure of legislative chamber(s) The National Legislative Assembly shall act as the House of Representatives, the
Senate and the National Assembly.
8. having been sentenced by a final and conclusive judgment for an offence
related to malfeasance in office, an offence related to malfeasance in
judicial office, an offence related to narcotics drugs or an offence related to
gambling as he was a croupier or host;
9. having been sentenced by a final judgment to imprisonment except for an
offence committed through negligence or a petty offence.
• Eligibility for cabinet No member of the National Legislative Assembly shall be a member of the National
• Outside professions of legislators
Reform Council or a Minister at the same time.
Section 11
The members of the National Legislative Assembly shall be representatives of Thai
people and shall devote themselves to the performance of duties in good faith for
public benefit of Thai people.
Section 13
• Quorum for legislative sessions At a meeting of the National Legislative Assembly, the presence of not less than
one-half of the total number of the members shall constitute a quorum.
• Legislative committees The National Legislative Assembly shall have the power to issue the rule on election
• Organic laws
and the performance of duties of the President, the Vice-Presidents and its
Committee, meeting, introduction and deliberation of bills and Organic Law bills,
submission of motions, discussion, making resolutions, interpellation, peace keeping
and other related matters for the performance of its duties.
Section 14
• Head of state decree power The King has the power to enact an Act by and with the advice and consent of the
National Legislative Assembly.
• Budget bills A bill may be introduced by not less than twenty five members of the National
• Finance bills
• Initiation of general legislation Legislative Assembly, the Council of Ministers or the National Reform Council under
• Spending bills
• Tax bills section 31 paragraph two. A money bill shall be introduced only by the Council of
Ministers.
• Budget bills A money bill under paragraph two means a bill with the provisions dealing with the
• Finance bills
• Spending bills imposition, repeal, reduction, alteration, modification, remission or regulation of
• Tax bills
taxes or duties, or the allocation, receipt, custody or payment of State funds, or the
transfer of expenditures estimates of the State, or the raising of, or guaranteeing or
redemption of, loans or any binding of State’s properties, or currency.
In case of doubt as to whether any bill introduced to the National Legislative
Assembly is a money bill, the President of the National Legislative Assembly shall
have the power to make decision thereon.
• Powers of cabinet If a bill introduced by members of the National Legislative Assembly or the National
Reform Council, the Council of Ministers may, before the National Legislative
Assembly adopts the principle of that bill, draw that bill for its consideration.
• Organic laws An enactment of the Organic Act shall be made in accordance with the provisions of
this section, but an introduction thereof shall be made only by the Council of
Ministers or the person having charge and control of the execution of such Organic
Act.
• Veto override procedure If the King refuses His assent to the bill or Organic Law bill either returns it to the
National Legislative Assembly or does not return it within ninety days, the National
Legislative Assembly must reconsider such bill. If the National Legislative Assembly
resolves to reaffirm the bill by the votes of not less than two-thirds of the total
number of existing members, the Prime Minister shall present such bill to the King
for His 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 or Organic
Act in the Government Gazette as if the King had signed it.
Section 17
In the case where there is an important problem in the administration of State affairs
in regard which the Council of Ministers deems it advisable to take opinions from
members of the National Legislative Assembly, the Prime Minister may give a notice
to the President of the National Legislative Assembly requesting that a general
debate be held at a sitting of the National Legislative Assembly. In this case, no
resolution shall be passed by the National Legislative Assembly on the issue put in
the debate.
Section 19
• Establishment of cabinet/ministers The King appoints the Prime Minister in accordance with the resolution of the
• Powers of cabinet
• Cabinet selection National Legislative Assembly and not more than thirty-five other Ministers as
• Name/structure of executive(s)
• Head of government selection recommended by the Prime Minister to constitute the Council of Ministers having
the duties to carry out the administration of State affairs, to conduct reformation in
all aspects and to strengthen unification and harmonization of Thai people.
• Oaths to abide by constitution Before taking office, a Minister must make a solemn declaration before the King in
the following words: “I, (name of the declarer), do solemnly declare that I shall be
loyal to the King and shall faithfully perform my duties in the interests of the country
and of the people. I shall also uphold and observe the Constitution of the Kingdom of
Thailand in every respect.”
• Cabinet removal The King has the prerogative to remove the Prime Minister from office in
• Head of government removal
accordance with the recommendation of the President of the National Legislative
Assembly made by the resolution of the National Legislative Assembly as introduced
by the National Council for Peace and Order, and to remove the Minister in
accordance with the recommendation of the Prime Minister.
The Royal Command appointing and removing the Prime Minster shall be
countersigned by the President of the National Legislative Assembly.
The Prime Minister and Minister shall have the right to attend, and to give
statements of fact or opinions to, the sitting of the National Legislative Assembly or
the National Reform Council, but having no right to vote. In this case, the provisions
on privilege under section 17 shall apply to the giving of statements of fact or
opinions of the Prime Minister and Minister under this section mutatis mutandis.
• Counter corruption commission 6. not being a judge of the Constitutional Court, a judge of any Court, a State
• Electoral commission
• Human rights commission Attorney, a commissioner of the Election Commission, an Ombudsman, a
• Ombudsman
commissioner of the National Counter Corruption Commission, a
commissioner of the State Audit Commission, the Auditor-General or a
member of the Human Rights Commission.
• Cabinet removal The Prime Ministership or the Ministership terminates upon disqualifications or
• Head of government removal
being under the prohibitions under paragraph one or upon the provisions of section
9 (1) or (2).
• Emergency provisions
• Head of state decree power
Section 21
In case of emergency and necessary urgency in order to maintain national security,
public safety, national economic security or to avert public calamity or there is
necessary to have a law on taxes, duties or currency which requires an urgent and
confidential deliberation, the King has the prerogative to issue an Emergency Decree
which shall have the force as an Act.
When the Emergency Decree comes into force, the Council of Ministers shall
introduce such Emergency Decree to the National Legislative Assembly without
delay. If the National Legislative Assembly approves such Emergency Decree, it shall
continue to have the force as an Act. In case of disapproval, such Emergency Decree
shall lapse. In this case, the lapsed Emergency Decree shall not affect any act done
through the period of its enforcement. If the lapsed Emergency Decree has the effect
of amending or repealing any provision of any Act, the provision that in force before
the amendment or repeal shall continue to be in force as from the day such
Emergency Decree had lapsed.
An approval or disapproval of the Emergency Decree shall be published in the
Government Gazette. In case of disapproval, it shall be effective as from the date of
its publication in the Government Gazette.
• International law
• Treaty ratification
Section 23
• Foreign affairs representative The King has the prerogative to conclude a peace treaty, armistice and other treaties
• International organizations
with other States or international organizations.
• Accession of territory A treaty which provides for a change of the territories of Thailand or the external
• Colonies
• Secession of territory territories that Thailand has sovereign rights or jurisdiction thereon under any
treaty or an international law, or requires an enactment of an Act for its
implementation or has wide scale effects on economic or social security of the
country, shall be approved by the National Legislative Assembly. In this case, the
National Legislative Assembly shall complete its deliberation within sixty days as
from the date of receipt of such matter.
• Ownership of natural resources The treaty with wide scale effects on economic or social security of the country
under paragraph two means a treaty related to free trade or customs cooperation
area, to the use of natural resources, to waive the rights in any natural resources of
the country, wholly or partly, or other matters as prescribed by law.
• Constitutional court powers If there is in doubt whether any treaty is a treaty under paragraph two or paragraph
three, the Council of Ministers may request the Constitutional Court to make a
decision thereon. In this case, the Constitutional Court shall have a decision within
thirty days as from the date of receipt of the request.
Section 25
All laws, Royal Manuscripts and Royal Commands related to State affairs shall be
countersigned by a Minister; provided that otherwise prescribed by this
Constitution.
Section 27
There shall establish the National Reform Council to study and provide
recommendation for reform in the following fields:
1. politics;
2. administration of State affairs;
3. laws and judicial procedure;
4. local administration;
5. education;
6. economy;
7. energy;
8. public health and environment;
9. mass communication;
10. social;
11. others,
• Mentions of social class with a view to setting up of a democratic regime of government with the King as the
Head of State which is suitable for Thai context, establishing the trustworthy and fair
election system, establishing the efficient mechanism for prevention and
suppression of corruption, eliminating economic and social inequality for sustainable
development, enabling State mechanism to provide public services thoroughly,
efficiently and effectively, and strengthening law enforcement rigorously and fairly.
Section 28
The National Reform Council consisting of not more than two hundred and fifty
members as appointed by the King from the persons of Thai nationality by birth with
not less than thirty-five years of age in accordance with the recommendation of the
National Council for Peace and Order.
The King appoints, in accordance with the resolution of the National Reform Council,
a member of the National Reform Council to be the Chairperson of the National
Reform Council and not more than two members of the National Reform Council to
be the Vice-Chairpersons of the National Reform Council.
The Head of the National Council for Peace and Order shall countersign the Royal
Command appointing members of the National Reform Council, the Chairperson and
the Vice-Chairpersons of the National Reform Council.
Section 29
A member of the National Reform Council shall not being under the prohibitions
under section 8 (2) (3) (4) (5) (6) (7) (8) and (9), and the provisions of section 9 shall
apply to the vacation from office of a member of the National Reform Council
mutatis mutandis, but the power to make a decision under section 9 paragraph two
shall be the power of the National Reform Council.
Section 30
The National Council for Peace and Order shall select the persons to be appointed as
members of the National Reform Council in accordance with the following rules:
1. there shall establish the Selective Committee for each field of reform under
section 27 to nominate the qualified persons in each field, and there shall
establish the Provincial Selective Committee in each province to nominate
the qualified persons whom domiciled in each province;
2. the Selective Committee for each field of reform shall be appointed by the
National Council for Peace and Order from the persons having apparent
knowledge and experience and being generally accepted persons in each
field;
3. the Selective Committee shall propose the list of the nominees whom
having qualifications under section 28 and not being under the prohibitions
under section 29 and having apparent knowledge and experience in each
field to the National Council for Peace and Order. In this case, no member
of the Selective Committee shall be nominated;
4. in the nomination under (3), regard shall be had to varieties of persons from
each group of persons in public sector, private sector, social sector,
academic sector, professional sector and other sectors which shall be
beneficial to the performance of duties of the National Reform Council,
apportion of persons from each province, gender opportunity and equality
of the nominees and the conferment of the socially underprivileged
persons;
5. the Provincial Selective Committee shall consist of the members as
prescribed by the Royal Decree;
6. the Nation Council for Peace and Order shall select not more than two
hundred and fifty persons to be appointed as members of the National
Reform Council from the list of nominees proposed by the Selective
Committees under (1). In this number, one nominee nominated by each
Provincial Selective Committee shall be selected.
The number of members of each Selective Committee, the selection procedure and
period of selection, the number of the nominees and other necessary matters shall
be prescribed by the Royal Decree.
Section 31
The National Reform Council shall have the powers and duties as follows:
1. to study, analyze and propose the guideline and proposal for the reform of
any field under section 27 to the National Legislative Assembly, the Council
of Ministers, the National Council for Peace and Order and other related
agencies;
2. to give advice or recommendation to the Constitution Drafting Committee
for the purpose of Constitution drafting;
3. to deliberate and approve the Draft Constitution proposed by the
Constitution Drafting Committee.
• Budget bills For the purpose of (1), if the National Reform Council is of opinion that it is necessary
• Finance bills
• Organic laws to have an Act or Organic Act comes into force, it shall prepare and introduce that
• Spending bills
• Tax bills bill to the National Legislative Council for deliberation. If it is a money bill or Organic
Law bill, it shall be submitted to the Council of Ministers.
The National Reform Council shall give advice or recommendation under (2) to the
Constitution Drafting Committee within sixty days as from the date of its first
meeting.
The provisions of section 13 and section 18 shall apply to the performance of duties
of the National Reform Council mutatis mutandis.
Section 32
There shall establish the Constitution Drafting Committee to prepare the Draft
Constitution, consisting of thirty-six members appointed by the Chairperson of the
National Reform Council from the following persons:
1. the Chairperson of the Committee as proposed by the National Council for
Peace and Order;
2. twenty persons as proposed by the National Reform Council;
3. persons as proposed by the National Legislative Assembly, the Council of
Ministers and the National Council for Peace and Order, five persons each.
An appointment of the Constitution Drafting Committee under paragraph one shall
complete within fifteen days as from the date of the first meeting of the National
Reform Council.
If a member of the Constitution Drafting Committee vacates office by whatever
reason, the remaining members shall continue their duties. In this case, it shall be
deemed that the Constitution Drafting Committee consists of the remaining
members, but the Chairperson of the National Reform Council shall, in accordance
with the rules as prescribed in paragraph one, appoint a new member of the
Constitution Drafting Committee to fulfil the vacancy within fifteen days as from the
date the member of the Constitution Drafting Committee vacates office.
The provisions of section 18 shall apply to the performance of duties of the
Constitution Drafting Committee mutatis mutandis.
Section 33
A member of the Constitution Drafting Committee shall be a person of Thai
nationality by birth of not less than forty years of age and not being under the
prohibitions as follows:
1. being a person holding political position, but not including a member of the
National Council for Peace and Order, a member of the National Legislative
Assembly or a member of the National Reform Council;
2. being or having been a member of, or holding any position in, political party
within three years prior to the appointment;
3. being under the prohibitions under section 29;
4. being judge or a person holding any position in Constitutions Organs under
the Constitution of the Kingdom of Thailand B.E. 2550 (2007).
For the prevention of conflict of interests, no member of the Constitution Drafting
Committee shall hold any political position within two years after vacating office.
Section 34
The Constitution Drafting Committee shall propose the Draft Constitution to the
National Reform Council for deliberation within one hundred and twenty days as
from the date of receipt of the advice or recommendation of the National Reform
Section 35
The draft Constitution shall cover the following matters:
1. the principle of being one and indivisible Kingdom;
2. the democratic regime of government with the King as the Head of State
which is suitable for Thai context;
3. the efficient mechanism for prevention, examination and suppression of
corruption in both public and private sectors, including mechanism to
guarantee that State powers shall be exercised only for national interest
and public benefit;
4. the efficient mechanism for prevention of a person whom ordered by a
judgment or any legal order that he commits any corruption or undermines
the trustworthiness or fairness of an election from holding any political
position stringently;
5. the efficient mechanism which enabling State officials; especially a person
holding political position, and political party to perform their duties or
activities independently and without illegal manipulation or mastermind of
any person or group of persons;
6. the efficient mechanism for strengthening the Rule of Law and enhancing
good moral, ethics and governance in all sectors and levels;
7. the efficient mechanism for restructuring and driving economic and social
system for inclusive and sustainable growth and preventing populism
administration which may damage national economic system and the public
in the long run;
8. the efficient mechanism for accountable spending of State fund which shall
be in response of public needs and compliance with financial status of the
country, and the efficient mechanism for audit and disclosure of the
spending of State fund;
9. the efficient mechanism for prevention of the fundamental principle to be
laid down by the new Constitution;
10. the mechanism which is necessary for further implementation for the
completion of reform.
The Constitution Drafting Committee shall deliberate the necessity and worthiness
of the Constitutional Organs of, and other organizations to be established by the
provisions of, the new Constitution. In case of necessity, measures to ensure the
efficient and effective performance of each organization shall be addressed.
Section 36
The Constitution Drafting Committee shall propose the Draft Constitution to the
Chairperson of the National Reform Council. In this case, the Chairperson of the
National Reform Council shall convene the meeting of the National Reform Council
for deliberation of the Draft Constitution within ten days as from the date the
Chairperson of the National Reform Council receives the Draft Constitution.
A member of the National Reform Council may submit a proposal for amendment of
the Draft Constitution within thirty days as from the date the meeting under
paragraph one adjourned. Each proposal for amendment of the Draft Constitution
shall be endorsed by not less than one-tenth of the total number of members of the
National Reform Council. A member who proposes or endorses any proposal for
amendment of the Draft Constitution shall not propose or endorse any other
proposal submitted by other members.
The Constitution Drafting Committee shall also propose the Draft Constitution to
the Council of Ministers and the National Council for Peace and Order for their
recommendations. The proposal for amendment of the Draft Constitution may be
submitted by the Council of Ministers or the National Council for Peace and Order
within thirty days as from the date of receipt of the Draft Constitution.
The proposal for amendment of the Draft Constitution shall be submitted directly to
the Chairperson of the Constitution Drafting Committee.
Section 37
The Constitution Drafting Committee shall deliberate the proposal for amendment
of the Draft Constitution within sixty days as from the expiration of the submission
period under section 36 paragraph two. In this case, the Constitution Drafting
Committee may make an amendment to the Draft Constitution as appropriated.
The amended Draft of the Constitution made under paragraph one shall be
introduced to the National Reform Council for its approval or disapproval, and the
National Reform Council shall have the aforesaid resolution within fifteen days as
from the date of receipt of the Draft of the Constitution from the Constitution
Drafting Committee. In this case, the National Reform Council is unable to make any
amendment to the Draft of the Constitution; provided that an unnecessary mistake
has been found and the Constitution Drafting Committee agrees upon or the
Constitution Drafting Committee is of opinion that it is necessary to make such
amendment for the completion of the Draft of the Constitution.
If the National Reform Council approves the Draft of the Constitution under
paragraph two, the Chairperson of the National Reform Council shall present the
Draft of the Constitution to the King for His signature within thirty days as from the
date the approval has been made. When His signature has been given, the Draft of
the Constitution shall come into force as the Constitution upon its publication in the
Government Gazette. The Chairperson of the National Reform Council shall
countersign His Royal Command.
In the case where the King refuses His assent to the Draft of the Constitution and
either returns it to the National Reform Council or does not return it within ninety
days, the Draft of the Constitution shall lapse.
Section 38
In the case where the National Reform Council is unable to finish its deliberation on
the Draft Constitution within the prescribed period, or where it does not approve
the Draft of the Constitution, or where the Draft of the Constitution is lapsed under
section 37, the National Reform Council and the Constitution Drafting Committee
shall be expired. In this case, the new National Reform Council and Constitution
Drafting Committee shall be appointed to exercise the powers and duties as
prescribed by this Constitution.
If the Constitution Drafting Committee fails to finish the Draft Constitution within
the period as prescribed by section 34, that Constitution Drafting Committee shall
be expired and the new Constitution Drafting Committee shall be appointed within
fifteen days as from the expiry date of its predecessor.
The Chairperson, Vice-Chairpersons and members of the National Reform Council
and the Chairperson, Vice-Chairpersons and members of the Constitution Drafting
Committee which are expired under paragraph one or paragraph two shall not be the
Chairperson, Vice-Chairpersons and members of the new National Reform Council
or the Chairperson, Vice-Chairpersons and members of the new Constitution
Drafting Committee, as the case may be.
Section 39
Upon the completion of the Draft Constitution, the National Reform Council and the
Constitution Drafting Committee still existence for the purpose of drafting Organic
Bills or other bills as necessary. In this case, the National Reform Council may
appoint its Committees to deliberate the necessary bills. Upon the new Constitution
comes into force, the existence and the performance of duties of the National
Reform Council and the Constitution Drafting Committee shall be in accordance
with the provisions of the new Constitution.
Section 41
The provisions on qualifications or prohibitions of the person holding political
position in any law shall not apply to the persons holding position in the National
Council for Peace and Order, members of the National Legislative Assembly,
members of the National Reform Council, members of the Constitution Drafting
Committee, political officials under the law on political officials and political officials
of the National Assembly under the law on administration of officials of the National
Assembly.
Section 42
The National Council for Peace and Order under the Notification of the National
Council for Peace and Order No. 6/2557 dated 22nd Day of May B.E. 2557 (2014)
shall be the National Council for Peace and Order to exercise the powers and duties
under this Constitution.
In case of necessity for the benefit of the performance of duties, the Head of the
National Council for Peace and Order may change or add a person holding position in
the National Council for Peace and Order, but the total number of members shall not
exceed fifteen members. In this case, the Head of the National Council for Peace and
Order may order any agency to be secretariat unit of the National Council for Peace
and Order as appropriate.
If the National Council for Peace and Order is of opinion that the Council of
Ministers should perform any matter under its powers and duties under section 19,
the National Council for Peace and Order shall inform the Council of Ministers to
proceed therewith.
• Head of government powers If it is appropriate, the Head of the National Council for Peace and Order or the
Prime Minister may ask for joint sitting between the National Council for Peace and
Order and the Council of Ministers so as to consider or solve any problem related to
the maintenance of peace and order or national security or to consider any other
matter from time to time.
Section 43
Before the existence of the National Legislative Assembly, if any law prescribes as to
whether any matter shall be approved or acknowledged by the House of
Representatives, the Senate or the National Assembly, the Head of the National
Council for Peace and Order shall have the power to give approval or to
acknowledge such matter in place of the House of Representatives, the Senate or the
National Assembly.
Prior to the date the Council of Ministers under this Constitution takes office, all
powers and duties of the Prime minister and the Council of Ministers shall be
exercised by the Head of the National Council for Peace and Order.
Section 47
All Notifications and Orders of the National Council for Peace and Order as well as
Order of the Head of the National Council for Peace and Order which were notified
or made between the 22nd Day of May B.E. 2557 (2014) until the date the Council of
Ministers takes office under this Constitution, regardless of their legislative,
executive or judicial force, as well as all acts performed in compliance therewith
before or after this Constitution comes into force shall be deemed to be legal,
constitutional and conclusive. Any Notification or Order that still in force prior to the
date this Constitution comes into force shall be in force until it is amended or
repealed by law, rule, regulation, resolution of the Council of Ministers or order, as
the case may be.
In the case where the National Council for Peace and Order has ordered any person
to hold or vacate any official position as prescribed by section 24 prior to the date
this Constitution comes into force, the Prime Minister shall present the King for
appointment or removal.
Topic index
Accession of territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Budget bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 10
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Eligibility for head of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 19
Establishment of administrative courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Establishment of constitutional court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 11
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 10
Political theorists/figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 10
Publication of deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Radio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8
Secession of territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14
Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5