Part 3
The Senate
SECTION 121.- The Senate shall consist of two hundred members to be elected by the people.
In the case where the office of the senator becomes vacant for any reason whatsoever and an election of a senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining senators.
SECTION 122.- In an election of senators, the area of Changwat shall be regarded as one constituency.
The number of senators each Changwat can have shall be determined in accordance with the procedure provided in section 102 paragraph two, paragraph three and paragraph four mutatis mutandis.
SECTION 123.- The person having the right to vote at an election of senators may cast ballot, at the election, for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat can have more than one senator, the candidates who receive the highest number of votes in respective order in the number of senators that Changwat can have shall be elected as senators .
SECTION 124.- The provisions of section 105 and section 106 shall apply mutatis mutandis to the qualifications and prohibitions to which a person having the right to be a candidate in an election of senators shall be subjected.
SECTION 125.- A person having the following qualifications has the right to be a candidate in an election of senators:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age on the election day;
(3) having graduated with not lower than a Bachelor's degree or its equivalent;
(4) having any of the qualifications under section 107(5).
SECTION 126.- A person under any of the following qualifications shall have no right to be a candidate in an election of senators:
(1) being a member of or holder of other position of a political party;
(2) being a member of the House of Representatives or having been a member of the House of Representatives and his or her membership has terminated for not yet more than one year up to the date of applying for the candidacy;
(3) being or having been a senator in accordance with the provisions of this Constitution during the term of the Senate preceding the application for the candidacy;
(4) being disfranchised under section 109(1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14).
SECTION 127.- A senator shall not be a Minister or other political official.
The person having held office of senator with membership having terminated for not more than one year, shall not be a Minister or other political official unless the membership has terminated under section 133(1).
SECTION 128.- The provisions of section 110 and section 111 shall also apply mutatis mutandis to the prohibitions to which a senator shall be subjected.
SECTION 129.- Subject to the provisions of this Constitution, rules and procedure for an election of senators shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election, the State shall carry out the following acts:
(1) causing notices and posters relating to the election and candidates in the election to be posted;
(2) publishing and furnishing to persons having the right to vote documents relating to the election and candidates in the election;
(3) providing places and allocating radio and television broadcasting time for introducing candidates in the election;
(4) carrying out other acts as prescribed by the Election Commission.
Rules and procedure for carrying out the acts under paragraph two shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
The introduction of candidates by themselves or other persons is permitted only insofar as provided in the organic law on the election of members of the House of Representatives and senators.
SECTION 130.- The term of the Senate is six years as from the election day.
SECTION 131.- Upon expiration of the term of the Senate, the King will issue a Royal Decree calling for a new general election of senators in which the election day must be fixed within thirty days as from the date of the expiration of the term of the Senate and the election day must be the same throughout the Kingdom.
For the purpose of proceeding under section 168, the senators holding office on the day on which the term of the Senate terminates under paragraph one shall continue to perform their duties until newly elected senators assume their duties.
SECTION 132.- Membership of the Senate commences on the election day.
SECTION 133.- Membership of the Senate terminates upon:
(1) expiration of the term of the Senate;
(2) death;
(3) resignation;
(4) being disqualified under section 125;
(5) being under any of the prohibitions under section 126;
(6) being under any of the prohibitions under section 127;
(7) acting in contravention of any of the prohibitions under section 128;
(8) the Senate passing a resolution under section 307 removing him or her from office or the Constitutional Court having a decision terminating his or her membership under section 96; in such case, his or her membership shall be deemed to have terminated as from the date of the resolution of the Senate or the decision of the Constitutional Court, as the case may be;
(9) having been absent for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the President of the Senate;
(10) having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence.
SECTION 134.- When the office of senator becomes vacant for any reason other than the expiration of term of the Senate, an election of a senator to fill the vacancy shall be held within forty five days as from the date of the vacancy unless the remainder of the term of the Senate is less than one hundred and eighty days.
The replacing senator may serve only for the remainder of the term of the Senate.
SECTION 135.- In considering the selection, appointment, recommendation or approval of a person to hold any position under section 138, section 143, section 196, section 199, section 257, section 261, section 274(3), section 277, section 278, section 279(3), section 297, section 302 and section 312, the Senate shall appoint a committee for examining past records and behaviours of the person nominated for holding such position as well as gathering necessary facts and evidence to be reported to the Senate for its further consideration.
The proceeding by the committee under paragraph one shall be in accordance with the Rules of Procedure of the Senate.
Part 4
Election Commission
SECTION 136.- The Election Commission consists of a Chairman and other four Commissioners appointed, by the King with the advice of the Senate, from persons of apparent political impartiality and integrity.
The President of the Senate shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.
SECTION 137.- An Election Commissioner shall have the qualifications and shall not be under any prohibition as follows:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age on the nomination day;
(3) having graduated with not lower than a Bachelor's degree or its equivalent;
(4) not being under any of the prohibitions under section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
(5) not being a member of the House of Representatives or the Senate, a political official, a member of a local assembly or a local administrator;
(6) not being or having been a member of or holder of other position in a political party throughout the period of five years preceding the holding of office;
(7) not being an Ombudsman, a member of the National Human Right Commission, a judge of the Constitutional Court, a judge of the Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.
SECTION 138.- The selection and election of Chairman and Election Commissioners shall be proceeded as follows:
(1) there shall be a Selective Committee of ten members consisting of the President of the Constitutional Court as Chairman, President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be four in number, and representatives of all political parties having a member who is a member of the House of Representatives, provided that each party shall have one representative and all such representatives shall elect among themselves to be four in number, to be in charge of the consideration and selection of five persons, who have the qualifications under section 137 and who are suitable to be Election Commissioners, for making nomination to the President of the Senate upon consent of the nominated persons. The resolution making such nomination must be passed by votes of not less than three-fourths of the number of all existing members of the Selective Committee;
(2) the Supreme Court of Justice shall, at its general meeting, consider and select five persons who are suitable to be Election Commissioners for making nomination to the President of the Senate upon consent of the nominated persons;
(3) the nominations under (1) and (2) shall be made within thirty days as from the date when a ground for the selection of persons to be in such office occurs. In the case where the Selective Committee under (1) is unable to make nomination, or unable to make nomination in the complete number, within the prescribed time, the Supreme Court of Justice shall, at its general meeting, make nomination to obtain the complete number within fifteen days as from the date of the expiration of the nomination time under (1);
(4) the President of the Senate shall convoke the Senate for passing, by secret ballot, a resolution electing the nominated persons under (1), (2) and (3). For this purpose, the first five persons who receive the highest votes which are more than one half of the total number of the existing senators shall be elected as Election Commissioners, but if the number of the said elected persons is less than five, the name-list of those not elected in that first occasion shall be submitted to the senators for voting on another occasion and consecutively. In such case, the persons receiving the highest number of votes in respective order up to five shall be deemed to be elected as Election Commissioner. On this occasion, if there are persons receiving equal votes in any order which result in having more than five elected persons, the President of the Senate shall draw lots to determine who are elected persons;
(5) the elected persons under (4) shall meet and elect among themselves Chairman of the Election Commission and, then, notify the President of the Senate of the result. The President of the Senate shall report to the King for further appointment.
SECTION 139.- An Election Commissioner shall not:
(1) be a Government official holding a permanent position or receiving salary;
(2) be an official or employee of a State agency, State enterprise or local government organisation;
(3) hold any position in a partnership, a company or an organisation carrying out businesses for sharing profits or incomes, or be an employee of any person;
(4) engage in any other independent profession.
In the case where the Senate has elected a person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2), (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of election. If that person has not resigned or ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be an Election Commissioner and the provisions of section 138 shall apply mutatis mutandis.
SECTION 140.- Election Commissioners shall hold office for a term of seven years as from the date of their appointment by the King and shall serve for only one term.
The Election Commissioners who vacate office upon the expiration of the term shall remain in office to continue to perform their duties until the newly appointed Election Commissioners take office.
SECTION 141.- In addition to the vacation of office upon the termination of the term, an Election Commissioner vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the prohibitions under section 137 or section 139;
(4) having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence;
(5) the Senate passing a resolution under section 307 removing him or her from office.
When a case under paragraph one occurs, the remaining Election Commissioners may continue to perform their duties.
SECTION 142.- Members of the House of Representatives, senators, or members of both Houses of not less than one-tenth of the total number of the existing members of the two Houses have the right to lodge with the President of the National Assembly a complaint that any Election Commissioner is disqualified or is under any of the prohibitions under section 137 or has acted in contravention of any of the prohibitions under section 139 and the President shall refer that complaint to the Constitutional Court for its decision as to whether that Election Commissioner has vacated his or her office.
When the Constitutional Court has passed a decision, it shall notify the President of the National Assembly and the Chairman of the Election Commission of such decision.
The provisions of section 97 shall also apply mutatis mutandis to the vacation of office of Election Commissioners.
SECTION 143.- In the case where the Election Commissioners have vacated office in toto, actions under section 138 shall be taken within forty five days as from the date of the vacation.
In the case where Election Commissioners vacate office for any reason other than the expiration of term, section 138 shall apply mutatis mutandis to the selection and election of Election Commissioners to fill the vacancies. In this case, persons, in the twice number of the outgoing persons, who are suitable to be Election Commissioners shall be nominated to the Presidents of the Senate for election by a resolution of the Senate; provided that this procedure shall be completed within forty five days as from the date of the vacation, and the elected persons shall serve only for the remainder of the term of the replaced Commissioners.
SECTION 144.- The Election Commission shall control and hold, or cause to be held, an election of members of the House of Representatives, senators, members of a local assembly and local administrators including the voting in a referendum for the purpose of rendering it to proceed in an honest and fair manner.
The Chairman of the Election Commission shall have the charge and control of the execution of the organic law on the election of members of the House of Representatives and senators, the organic law on political parties, the organic law on the voting in a referendum and the law on the election of members of local assemblies or local administrators and shall be the political-party registrar.
SECTION 145.- The Election Commission shall have the following powers and duties:
(1) to issue Notifications determining all activities necessary for the execution of the laws referred to in section 144 paragraph two;
(2) to give orders instructing Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials to perform all necessary acts under the laws referred to in section 144 paragraph two;
(3) to conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the laws referred to in section 144 paragraph two;
(4) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;
(5) to announce the result of an election and the voting in a referendum; (6) to perform other acts as provided by law.
In the performance of duties, the Election Commission has the power to summon any relevant document or evidence from any person, or summon any person to give statements as well as to request the Courts, public prosecutors, inquiry officials, State agencies, State enterprises or local government organisations to take action for the purpose of performing duties, investigating, conducting inquiries and passing decisions.
The Election Commission has the power to appoint persons, a group of persons or representatives of private organisations to perform such duties as entrusted.
SECTION 146.- Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials shall have the duty to comply with orders of the Election Commission given under section 145.
SECTION 147.- The Election Commission shall forthwith conduct an investigation and inquiry for finding facts in any of the following cases;
(1) an objection by a voter, a candidate in an election or a political party a member of which stood for the election in any of the constituencies has been raised that the election in that constituency has proceeded inappropriately or unlawfully;
(2) convincing evidence has appeared that any member of the House of Representatives, senator, member of a local assembly or local administrator, before being elected, had committed any dishonest act to enable him or her to be elected, or has dishonestly been elected as a result of an act committed by any person or political party in violation of the organic law on the election of members of the House of Representatives and senators, the organic law on political parties or the law on the election of members of local assemblies and local administrators;
(3) convincing evidence has appeared that the voting in a referendum did not proceed lawfully or an objection has been raised by a voter that the voting in a referendum in any polling station proceeded inappropriately or unlawfully; Upon completion of actions under paragraph one, the Election Commission shall pass a decision forthwith.
SECTION 148.- During the period in which a Royal Decree calling for an election of members of the House of Representatives or senator or a Notification calling for the voting in a referendum is effective, no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry except in the case where permission of the Election Commission is obtained or where the arrest is made in flagrante delicto.
In the case where an Election Commissioner has been arrested in flagrante delicto, or where an Election Commissioner is arrested or detained in other cases, it shall be forthwith reported to the Chairman of the Election Commission and the Chairman may order a release of the person so arrested.
Part 5
Provisions Applicable to both Houses
SECTION 149.- Members of the House of Representatives and senators are representatives of the Thai people, and shall honestly perform the duties for the common interest of the Thai people.
SECTION 150.- Before taking office, a member of the House of Representatives and a senator shall make a solemn declaration at a sitting of the House of which he or she is a member in the following words:
"I, (name of the declarer), do solemnly declare that I will perform my duties in accordance with the honest dictates of my conscience for the common interest of the Thai people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
SECTION 151.- The House of Representatives and the Senate shall each have one President and one or two Vice-Presidents who are appointed by the King from the members of such House in accordance with its resolution.
SECTION 152.- The President and the Vice-Presidents of the House of Representatives hold office until the expiration of the term or the dissolution of the House.
The President and the Vice-Presidents of the Senate hold office until the day preceding the date of the election the new President and Vice- Presidents.
The President and the Vice-Presidents of the House of Representatives and the President and the Vice-Presidents of the Senate vacate office before the expiration of the term of office under paragraph one or paragraph two, as the case may be, upon:
(1) loss of membership of the House of which he or she is a member;
(2) resignation;
(3) holding a position of Prime Minister, Minister or other political official;
(4) being sentenced by a judgment to imprisonment.
SECTION 153.- The President of the House of Representatives and the President of the Senate shall have the powers and duties to carry out the business of each House in accordance with its rules of procedure. The Vice- presidents have the powers and duties as entrusted by the President and act on behalf of the President when the President is not present or unable to perform his or her duties.
The President of the House of Representatives, the President of the Senate and the persons who act on behalf of the President shall be impartial in the performance of duties.
SECTION 154.- When the President and the Vice-Presidents of the House of Representatives or the President and the Vice-Presidents of the Senate are not present at any sitting, the members of each House shall elect one among themselves to preside over such sitting.
SECTION 155.- At a sitting of the House of Representatives or the Senate, the presence of not less than one-half of the total number of the existing members of each House is required to constitute a quorum, except that in the case of considering the agenda on interpellation under section 183 and section 184, the House of Representatives and the Senate may otherwise prescribe a quorum in the rules of procedure.
SECTION 156.- A resolution on any issue shall be made by a majority of votes, unless it is otherwise provided in this Constitution. In casting a vote, each member has one vote. In case of an equality of votes, the presiding member shall have an additional vote as a casting vote. The President of the National Assembly, the President of the House of Representatives and the President of the Senate shall cause the voting of each member to be recorded and disclose such record in a place where the public entry for its inspection is possible, except for the case of the voting by secret ballot.
The casting of votes to elect or give approval to a person for holding office shall be secret, unless otherwise provided in this Constitution, and members shall have autonomy and shall not be bound by resolutions of their political parties or any other mandate.
SECTION 157.- At a sitting of the House of Representatives or the Senate or at a joint sitting of the National Assembly, words expressed in giving statements of fact or opinions or in casting the vote by any member are absolutely privileged. No charge or action in any manner whatsoever shall be brought against such member.
The privilege under paragraph one does not extend to a member who expresses words at a sitting which is broadcast through radio or television if such words appear out of the precinct of the National Assembly and the expression of such words constitutes a criminal offence or a wrongful act against any other person, who is not a Minister or member of that House.
In the case of paragraph two, if the words expressed by the member cause damage to other person who is not a Minister or member of that House, the President of that House shall cause explanations to be published as requested by that person in accordance with procedure and within such period of time as prescribed in the rules of the procedure of that House, without prejudice to the person's right to bring the case before the Court .
SECTION 158.- The privilege provided in section 157 extends to printers and publishers of the minutes of sittings in accordance with the rules of procedure of the House of Representatives, the Senate or the National Assembly, as the case may be, and to persons permitted by the presiding member to give statements of fact or opinions at such sitting as well as to persons who broadcasts the sitting through radio or television with the permission of the President of such House mutatis mutandis.
SECTION 159.- The National Assembly shall, within thirty days as from the date of the election of members of the House of Representatives, be summoned for the first sitting.
Each year, there shall be general ordinary session and a legislative ordinary session.
The day on which the first sitting under paragraph one is held shall be considered as the first day of the general ordinary session, and the first day of the legislative ordinary session shall be fixed by the House of Representatives. In the case where the first sitting under in paragraph one has less than one hundred and fifty days up to the end of a calendar year, the legislative ordinary session may be omitted in that year.
During the legislative ordinary session, the National Assembly shall hold a sitting only in such cases as prescribed in Chapter 2 or in cases of the consideration of bills or organic law bills, the approval of an Emergency Decree, the approval of the declaration of war, the approval of a treaty, the election or approval of a person for holding office, the removal of a person from office, the interpellation and the amendment of the Constitution, unless the National Assembly has passed a resolution, by the votes of more than one-half of the total number of the existing members of both Houses, for considering other matters.
SECTION 160.- An ordinary session of the National Assembly shall last one hundred and twenty days but the King may prolong it. An ordinary session may be prorogued before the end of one hundred and twenty days only with the approval of the National Assembly.
SECTION 161.- The King convokes the National Assembly, opens and prorogues its session.
The King may be present to perform the opening ceremony of the first general ordinary session under section 159 paragraph one or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.
SECTION 162.- When it is necessary for the interests of the State, the King may convoke an extraordinary session of the National Assembly.
SECTION 163.- Members of both Houses or members of the House of Representatives of not less than one-third of the total number of the existing members of both Houses have the right to present their petition to the King for the issuance of a Royal Command convoking an extraordinary session of the National Assembly.
The petition referred to in paragraph one shall be lodged with the President of the National Assembly. The President of the National Assembly shall present the petition to the King and countersign the Royal Command.
SECTION 164.- Subject to section 163, the convocation, the prolongation of session and the prorogation of the National Assembly shall be made by a Royal Decree.
SECTION 165.- No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.
In the case where a member of the House of Representatives or a senator has been arrested in flagrante delicto, it shall be forthwith reported to the President of the House of which he or she is a member and such President may order the release of the person so arrested.
SECTION 166.- In the case where a criminal charge is brought against a member of the House of Representatives or a senator, whether the House is in session or not, the Court shall not try the case during a session, unless permission of the House of which he or she is a member is obtained or it is a case concerning the organic law on the election of members of the House of Representatives and senators, the organic law on Election Commission or the organic law on political parties; provided that the trial of the Court shall not hinder such member from attending the sitting of the House.
The trial and adjudication of the Court conducted before it is invoked that the accused is a member of either House are valid.
SECTION 167.- If a member of the House of Representatives or a senator is detained during the inquiry or trial before the beginning of a session, when the session begins, the inquiry official or the Court, as the case may be, must order his or her release as soon as the President of the House of which he or she is a member has so requested. The order of release under paragraph one shall be effective as from the date of such order until the last day of the session.
SECTION 168.- During the expiration of the term or the dissolution of the House of Representatives, the Senate shall not hold its sitting except in the following cases:
(1) a sitting at which the Senate shall act as the National Assembly under section 19, section 21, section 22, section 23 and section 223, and the votes taken shall be based on the number of senators;
(2) a sitting at which the Senator shall elect, appoint, recommend or give approval to a person for holding any office under section 138, section 143, section 196, section 199, section 257, section 261, section 274(3), section 277, section 278, section 279(3), section 297, section 302 and section 312;
(3) a sitting at which the Senate shall consider and pass a resolution removing a person from office.
SECTION 169.- Subject to section 170, a bill or an organic law bill may be introduced only by members of the House of Representatives or the Council of Ministers, but a money bill may be introduced by members of the House of Representatives only with the endorsement of the Prime Minister.
A member of the House of Representatives may introduce a bill or an organic law bill only if the political party of which he or she is a member has passed a resolution approving the introduction thereof and the bill is endorsed by not less than twenty members of the House of Representatives.
A money bill means a bill with provisions dealing with any of the following matters:
(1) the imposition, repeal, reduction, alteration, modification, remission, or regulation of taxes or duties;
(2) the allocation, receipt, custody, payment of the State funds, or transfer of expenditure estimates of the State;
(3) the raising of loans, or guarantee or redemption of loans;
(4) currency.
In case of doubt as to whether a bill or an organic law bill is a money bill which requires the endorsement of the Prime Minister or not, it shall be the power of a joint sitting of the President of the House of Representatives and Presidents of all its standing committees to make a decision thereon.
The President of the House of Representatives shall hold a joint sitting to consider the case under paragraph four within fifteen days as from the date such case occurs.
The resolution of the joint sitting under paragraph four shall be decided by a majority of votes. In case of an equality of votes, the President of the House of Representatives shall have an additional vote as a casting vote.
SECTION 170.- The persons having the right to vote of not less than fifty thousand in number shall have a right to submit a petition to the President of the National Assembly to consider such law as prescribed in Chapter 3 and Chapter 5 of this Constitution.
A bill must be attached to the petition referred to in paragraph one.
The rules and procedure for the petition and the examination thereof shall be in accordance with the provisions of the law.
SECTION 171.- For any bill or any organic law bill introduced by members of the House of Representatives which, at the stage of the adoption of its principle, was not a money bill but was then amended by the House of Representatives and, in the opinion of the President of the House, such amendment has rendered it to exhibit the characteristic of a money bill, the President of the House shall suspend the consideration of such bill and, within fifteen days as from the day on which such case occurs, shall refer it to a joint sitting of the President of the House of Representatives and Presidents of all its standing committees to make a decision thereon. If the joint sitting decides that the amendment resulted in such bill or organic law bill exhibiting the characteristic of a money bill, the President of the House shall refer it to the Prime Minister for endorsement. In the case where the Prime Minister does not endorse it, the House of Representative shall amend it so as to prevent it from being a money bill.
SECTION 172.- A bill or an organic law bill shall be first submitted to the House of Representatives.
SECTION 173.- When a bill which has been specified by the Council of Ministers, in its policies stated to the National Assembly under section 211, as necessary for the administration of the State affairs or when any organic law bill is not approved by a resolution of the House of Representatives and the votes disapproving it are less than one-half of the total number of the existing members of the House, the Council of Ministers may request the National Assembly to hold a joint sitting for passing a resolution on another occasion. If it is approved, the National Assembly shall appoint the persons, being or not being its members, in such an equal number as proposed by the Council of Ministers, to constitute a joint committee of the National Assembly for considering such bill or organic law bill, and the joint committee of the National Assembly shall prepare a report thereon and submit the bill or organic law bill which it has already considered to the National Assembly. If such bill or organic law bill is approved by the National Assembly, further proceedings under section 93 shall be taken. If it is not approved, such bill or organic law bill shall lapse.
SECTION 174.- Subject to section 180, when the House of Representatives has considered a bill or an organic law bill submitted under section 172 and resolved to approve it, the House of Representatives shall submit such bill or organic law bill to the Senate. The Senate must finish the consideration of such bill or organic law bill within sixty days; but if it is a money bill, the consideration thereof must be finished within thirty days; provided that the Senate may, as a special case, resolve to extend the period for not more than thirty days. The said period shall mean the period during a session and shall be counted as from the day on which such bill or organic law bill reaches the Senate.
The period referred to in paragraph one shall not include the period during which the bill or the organic law bill is under the consideration of the Constitutional Court under section 177.
If the Senate has not finished the consideration of the bill or the organic law bill within the period referred to in paragraph one, it shall be deemed that the Senate has approved it.
In the case where the House of Representatives submits a money bill to the Senate, the President of the House of Representatives shall also advise the Senate that the bill or the organic law bill so submitted is a money bill. The advice of the President of the House of Representatives shall be deemed final.
In the case where the President of the House of Representatives does not advise the Senate that the bill or the organic law bill is a money bill, such bill shall not be deemed a money bill.
SECTION 175.- Subject to section 180, after the Senate has finished the consideration of a bill or an organic law bill,
(1) if it agrees with the House of Representatives, further proceedings under section 93 shall be taken;
(2) if it disagrees with the House of Representatives, such bill or organic law bill shall be withheld and returned to the House of Representatives;
(3) if there is an amendment, the amended bill or the amended organic law bill shall be returned to the House of Representatives. If the House of Representatives approves such amendment, further proceedings under section 93 shall be taken. In other cases, each House shall appoint persons, being or not being its members, in such an equal number as may be fixed by the House of Representatives, to constitute a joint committee for considering the bill or the organic law bill and the joint committee shall prepare a report thereon and submit the bill or the organic law bill which it has already considered to both Houses. If both Houses approve the bill or the organic law bill already considered by the joint committee, further proceedings under section 93 shall be taken. If either House disapproves it, the bill or the organic law bill shall be withheld.
The joint committee has the power to demand documents from any person or summon any person to give statements of fact or opinions in respect of the consideration of the bill or the organic law bill and the privileges provided in section 157 and section 158 shall also extend to the person performing his or her duties under this section. At a meeting of the joint committee, the presence of the members of the joint committee appointed by both Houses of not less than one-half of the total number of its members is required to constitute a quorum and the provisions of section 194 shall apply mutatis mutandis.
SECTION 176.- A bill or an organic law bill withheld under section 175 may be reconsidered by the House of Representatives only after the lapse of one hundred and eighty days as from the date the bill or the organic law bill is returned to the House of Representatives by the Senate in case of withholding under section 175(2) and as from the date either House disapproves it in case of withholding under section 175(3). In such cases, if the House of Representatives resolves to reaffirm the original bill or the bill considered by the joint committee by the votes of more than one-half of the total number of the existing members of the House of Representatives, such bill or organic law bill shall be deemed to have been approved by the National Assembly and further proceedings under section 93 shall be taken.
If the bill or the organic law bill withheld is a money bill, the House of Representatives may forthwith proceed to reconsider it. In such case, if the House of Representatives resolves to reaffirm the original bill or the bill considered by the joint committee by the votes of more than one-half of the total number of the existing members of the House of Representatives, such bill or organic law bill shall be deemed to have been approved by the National Assembly and further proceedings under section 93 shall be taken.
SECTION 177.- While a bill or an organic law bill is being withheld under section 175, the Council of Ministers or members of the House of Representatives may not introduce a bill or an organic law bill having the same or similar principle as that of the bill or the organic law bill so withheld.
In the case where the House of Representatives or the Senate is of the opinion that the bill or the organic law bill so introduced or referred to for consideration has the same or similar principle as that of the bill or the organic law bill being withheld, the President of the House of Representatives or the President of the Senate shall refer the said bill or organic law bill to the Constitutional Court for decision. If the Constitutional Court decides that it is a bill or an organic law bill having the same or similar principle as that of the bill or the organic law bill so withheld, such bill or organic law bill shall lapse.
SECTION 178.- In the case where the term of the House of Representatives expires or the House of Representatives is dissolved, the draft Constitution Amendment, or all bills or organic law bills to which the King has refused His assent or which have not been returned by the King within ninety days, shall lapse.
In the case where the term of the House of Representatives expires or where the House of Representatives is dissolved, the National Assembly, the House of Representatives or the Senate, as the case may be, may, after a general election of members of the House of Representatives, continue the consideration of the draft Constitution Amendment, the bill or the organic law bill which has not yet been approved by the National Assembly if the Council of Ministers which is newly appointed after the general election so requests within sixty days as from the first sitting day of the National Assembly after the general election and the National Assembly approves it. If the Council of Ministers does not so request within such period of time, such draft Constitution Amendment, bill or organic law bill shall lapse. The further consideration of the draft Constitution Amendment, the bill or the organic law bill under paragraph two shall be in accordance with the rules of procedure of the National Assembly.
SECTION 179.- The expenditure estimates of the State shall be made in the form of an Act. If the Annual Appropriations Act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceding fiscal year shall apply for the time being.
SECTION 180.- The House of Representatives must finish the consideration of an annual appropriations bill, a supplementary appropriations bill and a transfer of appropriations bill within one hundred and five days as from the date the bill reaches the House of Representatives.
If the House of Representatives has not finished the consideration of the bill within the period referred to in paragraph one, such bill shall be deemed to have been approved by the House of Representatives and shall be submitted to the Senate.
In the consideration by the Senate, the Senate must approve or disapprove it without any amendment within twenty days as from the date the bill reaches the Senate. Upon the lapse of such period, such bill shall be deemed to have been approved; in such case and in the case where the Senate approves it, further proceedings under section 93 shall be taken.
If the Senate disapproves the bill, the provisions of section 176 paragraph two shall apply mutatis mutandis.
In the consideration of the annual appropriations bill, the supplementary appropriations bill and the transfer of appropriations bill, a member of the House of Representatives shall not submit a motion adding any item or amount to the bill, but may submit a motion reducing or abridging the expenditures which are not expenditures according to any of the following obligations:
(1) money for payment of the principal of a loan;
(2) interest on a loan;
(3) money payable in accordance with the law.
In the consideration by the House of Representatives or a committee, any proposal, submission of a motion or commission of an act, which results in direct or indirect involvement by members of the House of Representatives, senators or members of a committee in the use of the appropriations, shall not be permitted.
In the case where members of the House of Representatives or senators of not less than one-tenth of the total number of the existing members of each House are of the opinion that the violation of the provisions of paragraph six has occurred, they shall refer it to the Constitutional Court for decision and the Constitutional Court shall decide it within seven days as from the date of its receipt. In the case where the Constitutional Court decides that the violation of the provisions of paragraph six has occurred, such proposal, submission of the motion, or commission of the act shall be ineffective.
SECTION 181.- The payment of State funds shall be made only when it has been authorised by the law on appropriations, the law on budgetary procedure, the law on transfer of appropriations or the law on treasury balance, except that it may be prepaid in the case of urgent necessity under the rules and procedure provided by the law. In such case, the expenditure estimates for reimbursement must be set aside in the Transfer of Appropriations Act, the Supplementary Appropriations Act, or the Annual Appropriations Act for the following fiscal year, or except it is the case under section 230 paragraph two.
SECTION 182.- The House of Representatives and the Senate are, by virtue of this Constitution, vested with the power to control the administration of the State affairs.
SECTION 183.- Every member of the House of Representatives or senator has the right to interpellate a Minister on any matter within the scope of his or her authority, but the Minister has the right to refuse to answer it if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the State.
SECTION 184.- In the administration of the State affairs on any matter which involves an important problem of public concern, affects national or public interest, or requires urgency, a member of the House of Representatives may notify the President of the House of Representatives in writing prior to the commencement of the sitting of the day, that they will interpellate the Prime Minister or the Minister responsible for the administration of the State affairs on that matter without specifying the question, and the President of the House of Representatives shall place such matter on the agenda of the meeting of that day.
The interpellation and the answer to the interpellation under paragraph one may be made once a week, and a verbal interpellation by a member of the House of Representatives on a matter involving the administration of the State affairs may be made not exceeding three times on each matter in accordance with the rules of procedure of the House of Representatives.
SECTION 185.- Members of the House of Representatives of not less than two-fifths of the total number of the existing members of the House have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Minister. Such motion must nominate the suitable next Prime Minister who is also a person under section 201 paragraph two and, when the motion has been submitted, the dissolution of the House of Representatives shall not be permitted, except that the motion is withdrawn or the resolution is passed without being supported by the vote in accordance with paragraph three.
In the submission of the motion for a general debate under paragraph one, if it is concerned with the behaviour of the Prime Minister, which involves circumstances of unusual wealthiness, exhibits a sign of malfeasance in office or intentionally violates the provisions of the Constitution or law, it shall not be submitted without the petition under section 304 having been presented. Upon the submission of the petition under section 304, it may be proceeded with without awaiting the outcome of the proceedings under section 305.
If the general debate is concluded with a resolution not to pass over the agenda of the general debate, the House of Representatives shall pass a vote of confidence or no-confidence. Voting in such case shall not take place on the date of the conclusion of the debate. The vote of no-confidence must be passed by more than one-half of the total number of the existing members of the House of Representatives.
In the case where a vote of no-confidence is passed by not more than one-half of the total number of the existing members of the House of Representatives, the members of the House of Representatives who submit the motion for the general debate shall no longer have the right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Ministers throughout the session.
In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the House of Representatives, the President of the House of Representatives shall submit the name of the person nominated under paragraph one to the King for further appointment and section 202 shall not apply.
SECTION 186.- Members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House of Representatives have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister.
The provisions of section 185 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.
SECTION 187.- Senators of not less than three-fifths of the total number of the existing members of the Senate have the right to submit a motion for a general debate in the Senate for the purpose of requesting the Council of Ministers to give statements of fact or explain important problems in connection with the administration of the State affairs without a resolution to be passed.
The motion for the general debate under this section may be submitted only once in each session.
SECTION 188.- 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.
SECTION 189.- 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.
In the case where the person under paragraph two is a Government official, official or employee of State agency, State enterprise or local government organisation, 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 157 and section 158 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 191, the President of the House of Representatives shall determine the proportion under paragraph five.
SECTION 190.- In considering a bill the substance of which is decided by the President of the House of Representatives to be concerned with children, women, the elderly, 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 organisations concerned with the respective types of persons, of not less than one-third of the total number of members of the committee.
SECTION 191.- 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 bills and organic law bills, submission of motions, consultation, debate, passing of a resolution, recording and disclosure of the passing of a resolution, interpellation, general debate, observation of the rules and orders, codes of ethics of members and committee members, and other matters for the execution of this Constitution.
SECTION 192.- The fundamental substance of the organic laws on various matters as prescribed in the Transitory Provisions shall necessarily be contained in the organic law on such matter in accordance with this Constitution.
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