Part 6
Joint Sittings of the National Assembly
SECTION 193.- The National Assembly shall hold a joint sitting in the following cases:
(1) the approval of the appointment of the Regent under section 19;
(2) the making of a solemn declaration by the Regent before the National Assembly under section 21;
(3) the acknowledgment of an amendment of the Palace Law on Succession, B.E. 2467 under section 22;
(4) the acknowledgment or approval of the succession to the Throne under section 23;
(5) the reconsideration of a bill or an organic law bill under section 94;
(6) the passing of a resolution for the consideration by the National Assembly of other matters during a legislative ordinary session under section 159;
(7) the approval of the prorogation of a session under section 160;
(8) the opening of the session of the National Assembly under section 161;
(9) the approval of the further consideration of a bill or an organic law bill under section 173;
(10) the approval of the further consideration of a Constitution Amendment, a bill or an organic law bill under section 178 paragraph two;
(11) the making of the rules of procedure of the National Assembly under section 194;
(12) the announcement of policies under section 211;
(13) the holding of a general debate under section 213;
(14) the approval of the declaration of war under section 223;
(15) the approval of a treaty under section 224;
(16) the amendment of the Constitution under section 313;
SECTION 194.- At a joint sitting of the National Assembly, the rules of procedure of the National Assembly shall apply. While the rules of procedure of the National Assembly has not yet been issued, the rules of procedure of the House of Representatives shall apply mutatis mutandis.
SECTION 195.- The provisions applicable to both Houses shall apply mutatis mutandis to the joint sitting of the National Assembly, except that, for the appointment of a committee, the number of committee members appointed from the members of each House must be in proportion to or in close proportion to the number of members of each House.
Part 7
Ombudsmen
SECTION 196.- The Ombudsmen shall not be more than three in number, who shall be appointed, by the King with the advice of the Senate, from the persons recognised and respected by the public, with knowledge and experience in the administration of the State affairs, enterprises or activities of common interest of the public and with apparent integrity.
The President of the Senate shall countersign the Royal Command appointing the Ombudsmen.
The qualifications, prohibitions, selection and election of the Ombudsmen shall be in accordance with the organic law on Ombudsmen.
The Ombudsmen shall hold office for a term of six years as from the date of their appointment by the King and shall serve for only one term.
SECTION 197.- The Ombudsmen have the powers and duties as follows:
(1) to consider and inquire into the complaint for fact-findings in the following cases:
(a) failure to perform in compliance with the law or performance beyond powers and duties as provided by the law of a Government official, an official or employee of a State agency, State enterprise or local government organisation;
(b) performance of or omission to perform duties of a Government official, an official or employee of a State agency, State enterprise or local government organisation, which unjustly causes injuries to the complainant or the public whether such act is lawful or not;
(c) other cases as provided by law;
(2) to prepare reports and submit opinions and suggestions to the National Assembly.
SECTION 198.- In the case where the Ombudsman is of the opinion that the provisions of the law, rules, regulations or any act of any person under section 197(1) begs the question of the constitutionality, the Ombudsman shall submit the case and the opinion to the Constitutional Court or Administrative Court for decision in accordance with the procedure of the Constitutional Court or the law on the procedure of the Administrative Court, as the case may be.
The Constitutional Court or Administrative Court, as the case may be, shall decide the case submitted by the Ombudsman under paragraph one without delay.
Part 8
The National Human Rights Commission
SECTION 199.- The National Human Rights Commission consists of a President and ten other members appointed, by the King with the advice of the Senate, from the persons having apparent knowledge and experiences in the protection of rights and liberties of the people, having regard also to the participation of representatives from private organisations in the field of human rights.
The President of the Senate shall countersign the Royal Command appointing the President and members of the National Human Rights Commission.
The qualifications, prohibitions, selection, election, removal and determination of the remuneration of members of the National Human Rights Commission shall be as provided by law.
The members of the National Human Rights Commission shall hold office for a term of six years as from the date of their appointment by the King and shall serve for only one term.
SECTION 200.- The National Human Rights have the powers and duties as follows:
(1) to examine and report the commission or omission of acts which violate human rights or which do not comply with obligations under international treaties to which Thailand is a party, and propose appropriate remedial measures to the person or agency committing or omitting such acts for taking action. In the case where it appears that no action has been taken as proposed, the Commission shall report to the National Assembly for further proceeding;
(2) to propose to the National Assembly and the Council of Ministers policies and recommendations with regard to the revision of laws, rules or regulations for the purpose of promoting and protecting human rights;
(3) to promote education, researches and the dissemination of knowledge on human rights;
(4) to promote co-operation and co-ordination among Government agencies, private organisations, and other organisations in the field of human rights;
(5) to prepare an annual report for the appraisal of situations in the sphere of human rights in the country and submit it to the National Assembly;
(6) other powers and duties as provided by law.
In the performance of duties, the National Human Rights Commission shall also have regard to the interests of the country and the public.
The National Human Rights Commission has the power to demand relevant documents or evidence from any person or summon any person to give statements of fact including other powers for the purpose of performing its duties as provided by law.
CHAPTER VII
The Council of Ministers
SECTION 201.- The King appoints the Prime Minister and not more than thirty-five other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs.
The Prime Minister must be appointed from members of the House of Representatives or persons who have been members of the House of Representatives whose membership has terminated under section 118 (7) during the term of the same House.
The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.
SECTION 202.- The House of Representatives shall complete its consideration and approval of the person suitable to be appointed as Prime Minister within thirty days as from the day the National Assembly is convoked for the first sitting under section 159.
The nomination of a person who is suitable to be appointed as Prime Minister under paragraph one shall be endorsed by members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House.
The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be passed by the votes of more than one-half of the total number of the existing members of the House of Representatives. The passing of the resolution in such case shall be by open votes.
SECTION 203.- In the case where the period of thirty days as from the date the National Assembly is convoked for the first sitting of its members has elapsed and no one has been approved for appointment as Prime Minister under section 202 paragraph three, the President of the House of Representatives shall, within fifteen days as from the lapse of such period, present to the King for the issuance of a Royal Command appointing the person who has received the highest votes as Prime Minister.
SECTION 204.- No Prime Minister and Ministers shall be members of the House of Representatives or senators simultaneously. A member of the House of Representatives who has been appointed as Prime Minister or Minister shall vacate office on the day following the date on which thirty days have elapsed as from the date of the issuance of the appointing Royal Command.
SECTION 205.- 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 will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
SECTION 206.- A Minister must possess the qualifications and must not be under any of the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being not less than thirty five years of age;
(3) having graduated with not lower than a Bachelor's degree or its equivalent;
(4) not being under any of the prohibitions under section 109 (1), (2), (3), (4), (6), (7), (12), (13) or (14);
(5) having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment for a term of two years or more, except for an offence committed through negligence;
(6) not being a senator or having been a senator whose membership has terminated for not more than one year up to the date of the appointment as Minister except for the termination of membership under section 133 (1).
SECTION 207.- A Minister shall not be a Government official holding a permanent position or receiving a salary except political official.
SECTION 208.- A Minister shall not hold a position or perform any act provided in section 110, except the position required to be held by the operation of law, and shall not hold any other position in a partnership, company or any organisation which engages in a business with a view to sharing profits or incomes or be an employee of any person.
SECTION 209.- A Minister shall not be a partner or shareholder of a partnership or a company or retain his or her being a partner or shareholder of a partnership or a company up to the limit as provided by law. In the case where any Minister intends to continue to receive benefits in such cases, such Minister shall inform the President of the National Counter Corruption Commission within thirty days as from the date of the appointment and shall transfer his or her shares in the partnership or company to a juristic person which manages assets for the benefit of other persons as provided by law.
The Minister shall not do any act which, by nature, amounts to the administration or management of shares or affairs of such partnership or company.
SECTION 210.- A Minister has the right to attend and give statements of fact or opinions at a sitting of the House but has no right to vote. In the case where the House of Representatives or the Senate has passed a resolution requiring Ministers to attend a sitting for any matter, they shall attend the sitting.
The provisions of section 157 and section 158 governing privileges shall apply mutatis mutandis.
SECTION 211.- The Council of Ministers which will assume the administration of the State affairs must, within fifteen days as from the date it takes office, state its policies to the National Assembly; provided that no vote of confidence shall be passed.
Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect material benefits of the State, the Council of Ministers which has taken office may, for the time being, carry out such acts in so far as it is necessary.
SECTION 212.- Ministers shall carry out the administration of the State affairs in accordance with the provisions of the Constitution, laws and the policies stated under section 211, and shall be responsible individually to the House of Representatives for the performance of their duties and shall also be responsible collectively to the National Assembly for the general policies of the Council of Ministers.
SECTION 213.- In the case where there is an important problem in the administration of the State affairs in regard to which the Council of Ministers deems it advisable to take opinion of members of the House of Representatives and senators, the Prime Minister may give a notice to the President of the National Assembly requesting that a general debate be held at a joint sitting of the National Assembly. In such case, no resolution shall be passed by the National Assembly on the issue put in the debate.
SECTION 214.- In the case where the Council of Ministers is of the opinion that any issue may affect national or public interests, the Prime Minister, with the approval of the Council of Ministers, may consult the President of the House of Representatives and the President of the Senate for the purpose of publishing in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to whether the important issue under paragraph one, which is not the issue contrary to or inconsistent with this Constitution, will be approved or not. A referendum shall not be held on an issue specifically relating to any individual or group of persons.
The publication under paragraph one shall fix the date of the referendum, which shall not be earlier than ninety days and shall not be later than one hundred and twenty days as from the date of its publication in the Government Gazette, and the date of the referendum shall be the same throughout the Kingdom.
While the publication under paragraph one is in force, the State shall take action to ensure that persons who agree or disagree with such issue can express their opinions equally.
The persons having the right to vote in an election of members of the House of Representatives shall have the right to vote in a referendum.
If it appears from the referendum that the people voting in the referendum are less than one-fifth of the persons having the right to vote, the issue for which consultation is sought shall be deemed to be disapproved by a majority of people. If the people voting in the referendum are more than one-fifth of the persons having the right to vote and it appears that the people voting in the referendum approve it by a majority of votes, the issue for which consultation is sought shall be deemed to be approved by a majority of people.
The referendum under this section shall have the mere effect of advice given to the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in accordance with the organic law on referendum.
SECTION 215.- Ministers vacate office en masse upon:
(1) the termination of ministership of the Prime Minister under section 216;
(2) the expiration of the term or the dissolution of the House of Representatives;
(3) the resignation of the Council of Ministers.
The outgoing Council of Ministers shall remain in office for carrying out duties until the newly appointed Council of Ministers takes office but, in the case of the vacation of office under (2), shall not exercise its power to appoint, transfer or dismiss a Government official holding a permanent position or receiving a salary or an official of a State agency or State enterprise, except with the approval of the Election Commission.
The provisions of section 118(7) and paragraph two thereof and section 204 shall not apply to the outgoing Council of Ministers which remains in office for carrying out duties under paragraph two.
In the case where the ministership of the Prime Minister terminates under section 216 (1), (2), (3), (4), (6) or (8), the procedure under section 202 and section 203 shall apply mutatis mutandis.
SECTION 216.- The ministership of an individual Minister terminates upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the prohibitions under section 206;
(4) being sentenced by a judgment to imprisonment;
(5) the passing of a vote of no-confidence by the House of Representatives under section 185 or section 186;
(6) having done an act prohibited by section 208 or section 209;
(7) the issuance of a Royal Command under section 217;
(8) being removed from office by a resolution of the Senate under section 307.
The provisions of section 96 and section 97 shall apply to the termination of the ministership under (2), (3), (4) or (6).
SECTION 217.- The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.
SECTION 218.- For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one shall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If it is out of session and it would be a delay to wait for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to consider whether to approve or disapprove the Emergency Decree without delay. If the House of Representatives disapproves it or approves it but the Senate disapproves it and the House of Representatives reaffirms its approval by the votes of not more than one-half of the total number of the existing members of the House, the Emergency Decree shall lapse; provided that it shall not affect any act done during the enforcement of such Emergency Decree.
If the Emergency Decree under paragraph one has the effect of amending or repealing any provisions of any Act and such Emergency Decree
has lapsed in accordance with paragraph three, the provisions of the Act in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such Emergency Decree is effective.
If the House of Representatives and the Senate approve the Emergency Decree, or if the Senate disapproves it but the House of Representatives reaffirms its approval by the votes of more than one-half of the total number of the existing members of the House, such Emergency Decree shall continue to have the force as an Act.
The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette. In case of disapproval, it shall be effective as from the day following the date of its publication in the Government Gazette.
The consideration of an Emergency Decree by the Senate and the House of Representatives in case of reaffirmation of the Emergency Decree must take place at the first opportunity when such Houses hold their sittings.
SECTION 219.- Before the House of Representatives or the Senate approves an Emergency Decree under section 218 paragraph three, members of the House of Representatives or senators of not less than one-fifth of the total number of the existing members of each House have the right to submit an opinion to the President of the House of which they are members that the Emergency Decree is not in accordance with section 218 paragraph one, and the President of the House who receives such opinion shall then refer it to the Constitutional Court for decision. After the Constitutional Court has given a decision thereon, it shall notify its decision to the President of the House referring such opinion.
When the President of the House of Representatives or the President of the Senate has received the opinion from members of the House of Representatives or senators under paragraph one, the consideration of such Emergency Decree shall be deferred until the decision of the Constitutional Court under paragraph one has been notified.
In the case where the Constitutional Court decides that any Emergency Decree is not in accordance with section 218 paragraph one, such Emergency Decree shall not have the force of law ab initio.
The decision of the Constitutional Court that an Emergency Decree is not in accordance with section 218 paragraph one must be given by votes of not less than two-thirds of the total number of members of the Constitutional Court.
SECTION 220.- If, during a session, it is necessary to have a law on taxes, duties or currency, which, in the interests of the State, requires an urgent and confidential consideration, the King may issue an Emergency Decree which shall have the force as an Act.
The Emergency Decree issued under paragraph one must be submitted to the House of Representatives within three days as from the day following the date of its publication in the Government Gazette, and the provisions of 218 shall apply mutatis mutandis.
SECTION 221.- The King has the prerogative to issue a Royal Decree which is not contrary to the law.
SECTION 222.- The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law.
In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.
SECTION 223.- The King has the prerogative to declare war with the approval of the National Assembly.
The approval resolution of the National Assembly must be passed by votes of not less than two-thirds of the total number of the existing members of both Houses.
During the expiration of the term or the dissolution of the House of Representatives, the Senate shall perform the function of the National Assembly in giving the approval under paragraph one, and the resolution shall be passed by votes of not less than two-thirds of the total number of the existing senators.
SECTION 224.- The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations.
A treaty which provides for a change in the Thai territories or the jurisdiction of the State or requires the enactment of an Act for its implementation must be approved by the National Assembly.
SECTION 225.- The King has the prerogative to grant a pardon.
SECTION 226.- The King has the prerogative to remove titles and recall decorations.
SECTION 227.- The King appoints and removes officials in the military service and civil service who hold the positions of Permanent Secretary of State, Director-General and their equivalents except in the case where they vacate office upon death.
SECTION 228.- A Government official holding a permanent position or receiving a salary and not being a political official shall not be a political official or hold other political position.
SECTION 229.- Emoluments and other remuneration of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Leader of the Opposition in the House of Representatives, members of the House of Representatives and senators shall be prescribed by the Royal Decree.
Gratuities, pensions or other remuneration of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Prime Minister, Ministers, Leader of the Opposition in the House of Representatives, members of the House of Representatives and senators who vacate their office shall be prescribed by the Royal Decree.
SECTION 230.- The establishment of a new Ministry, Sub-Ministry or Department which requires an increase of positions or the number of Government officials or employees shall be made in the form of an Act.
The amalgamation or transfer of Ministries, Sub-Ministries or Departments which has or does not have the effect of establishing a new Ministry, Sub-Ministry or Department and which does not require an increase of positions or the number of Government officials or employees, or the dissolution of a Ministry, Sub-Ministry or department shall be made in the form of a Royal Decree.
An increase of positions or the number of Government officials or employees in a Ministry, Sub-Ministry or Department which is newly established or in the Ministry, Sub-Ministry or Department which is amalgamated or to which the transfer is made shall not be permitted within three years as from the date of the amalgamation or the transfer thereof under paragraph two.
The Royal Decree under paragraph two shall also specify the powers and duties of the newly established Ministry, Sub-Ministry or Department, the transfer of powers and duties under the provisions of the law vested in the original Government agency or officials and the transfer of officials and employees, budget, assets and liabilities.
The execution under paragraph two in respect of a Ministry, Sub- Ministry or Department already established by an Act shall be made in the form of a Royal Decree. The Royal Decree so issued shall be deemed to have the effect of amending, in the relevant parts, the provisions of the Act or law which has the same force as an Act.
SECTION 231.- All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.
SECTION 232.- All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.
CHAPTER VIII
The Courts
Part 1
General Provisions
SECTION 233.- The trial and adjudication of cases are the powers of the Courts, which must proceed in accordance with the Constitution and the law and in the name of the King.
SECTION 234.- All Courts may be established only by Acts. A new Court for the trial and adjudication of any particular case or a case of any particular charge in place of an ordinary Court existing under the law and having jurisdiction over such case shall not be established.
SECTION 235.- A law having an effect of changing or amending the law on the organisation of Courts or on judicial procedure for the purpose of its application to a particular case shall not be enacted.
SECTION 236.- The hearing of a case requires a full quorum of judges. Any judge not sitting at the hearing of a case shall not give judgement or a decision of such case, except for the case of force majeure or any other unavoidable necessity as provided by law.
SECTION 237.- In a criminal case, no arrest and detention of a person may be made except where an order or a warrant of the Court is obtained, or where such person commits a flagrant offence or where there is such other necessity for an arrest without warrant as provided by law. The arrested person shall, without delay, be notified of the charge and details of such arrest and shall be given an opportunity to inform, at the earliest convenience, his or her relative, or the person of his or her confidence, of the arrest. The arrested person being kept in custody shall be sent to the Court within forty eight hours as from the time of his or her arrival at the office of the inquiry official in order for the court to consider whether there is a reasonable ground under the law for the detention of the arrested person or not, except for the case of force majeure or any other unavoidable necessity as provided by law.
A warrant of arrest or detention of a person may be issued where:
(1) there is reasonable evidence that such person is likely to have committed a serious offence which is punishable as provided by law; or
(2) there is reasonable evidence that such person is likely to have committed an offence and there also exists a reasonable cause to believe that such person is likely to abscond, tamper with the evidence or commit any other dangerous act.
SECTION 238.- In a criminal case, a search in a private place shall not be made except where an order or a warrant of the Court is obtained or there is a reasonable ground to search without an order or a warrant of the Court as provided by law.
SECTION 239.- An application for a bail of the suspect or the accused in a criminal case must be accepted for consideration without delay, and an excessive bail shall not be demanded. The refusal of a bail must be based upon the grounds specifically provided by law, and the suspect or the accused must be informed of such grounds without delay.
The right to appeal against the refusal of a bail is protected as provided by law.
A person being kept in custody, detained or imprisoned has the right to see and consult his or her advocate in private and receive a visit as may be appropriate.
SECTION 240.- In the case of the detention of a person in a criminal case or any other case, the detainee, the public prosecutor or other person acting in the interest of the detainee has the right to lodge with the Court having criminal jurisdiction a plaint that the detention is unlawful. Upon receipt of such plaint, the Court shall forthwith proceed with an ex parte examination. If, in the opinion of the Court, the plaint presents a prima facie case, the court shall have the power to order the person responsible for the detention to produce the detainee promptly before the Court, and if the person responsible for the detention can not satisfy the Court that the detention is lawful, the Court shall order an immediate release of the detainee.
SECTION 241.- In a criminal case, the suspect or the accused has the right to a speedy, continuous and fair inquiry or trial.
At the inquiry stage, the suspect has the right to have an advocate or a person of his or her confidence attend and listen to interrogations.
An injured person or the accused in a criminal case has the right to inspect or require a copy of his or her statements made during the inquiry or documents pertaining thereto when the public prosecutor has taken prosecution as provided by law.
In a criminal case for which the public prosecutor issues a final non-prosecution order, an injured person, the suspect or an interested person has the right to know a summary of evidence together with the opinion of the inquiry official and the public prosecutor with respect to the making of the order for the case, as provided by law.
SECTION 242.- In a criminal case, the suspect or the accused has the right to receive an aid from the State by providing an advocate as provided by law. In the case where a person being kept in custody or detained cannot find an advocate, the State shall render assistance by providing an advocate without delay.
In a civil case, a person has the right to receive a legal aid from the State, as provided by law.
SECTION 243.- A person has the right not to make a statement incriminating himself or herself which may result in criminal prosecution being taken against him or her.
Any statement of a person obtained from inducement, a promise, threat, deceit, torture, physical force, or any other unlawful act shall be inadmissible in evidence.
SECTION 244.- In a criminal case, a witness has the right to protection, proper treatment, necessary and appropriate remuneration from the State as provided by law.
SECTION 245.- In a criminal case, an injured person has the right to protection, proper treatment and necessary and appropriate remuneration from the State, as provided by law.
In the case where any person suffers an injury to the life, body or mind on account of the commission of a criminal offence by other person without the injured person participating in such commission and the injury cannot be remedied by other means, such person or his or her heir has the right to receive an aid from the State, upon the conditions and in the manner provided by law.
SECTION 246.- Any person who has become the accused in a criminal case and has been detained during the trial shall, if it appears from the final judgement of that case that the accused did not commit the offence or the act of the accused does not constitute an offence, be entitled to appropriate compensation, expenses and the recovery of any right lost on account of that incident, upon the conditions and in the manner provided by law.
SECTION 247.- In the case where any person was inflicted with a criminal punishment by a final judgment, such person, an interested person, or the public prosecutor may submit a motion for a review of the case. If it appears in the judgment of the Court reviewing the case that he or she did not commit the offence, such person or his or her heir shall be entitled to appropriate compensation, expenses and the recovery of any right lost by virtue of the judgment upon the conditions and in the manner provided by law.
SECTION 248.- In the case where there is a dispute on the competent jurisdiction among the Court of Justice, the Administrative Court, the Military Court or any other Court, it shall be decided by a committee consisting of the President of the Supreme Court of Justice as Chairman, the President of the Supreme Administrative Court, the President of such other Court and not more than four qualified persons as provided by law as members.
The rules for the submission of the dispute under paragraph one shall be as provided by law.
SECTION 249.- Judges are independent in the trial and adjudication of cases in accordance with the Constitution and the law.
The trial and adjudication by judges shall not be subject to hierarchical supervision.
The distribution of case files to judges shall be in accordance with the rules prescribed by law.
The recall or transfer of case files shall not be permitted except in the case where justice in the trial and adjudication of the case shall otherwise be affected.
The transfer of a judge without his or her prior consent shall not be permitted except in the case of termly transfer as provided by law, promotion to a higher position, being under a disciplinary action or becoming a defendant in a criminal case.
SECTION 250.- Judges shall not be political officials or hold political positions.
SECTION 251.- The King appoints and removes judges except in the case of removal from office upon death.
The appointment and removal from office of a judge of any Court other than the Constitutional Court, the Court of Justice, the Administrative Court and the Military Court as well as the adjudicative jurisdiction and procedure of such Courts shall be in accordance with the law on the establishment of such Courts.
SECTION 252.- Before taking office, a judge shall make a solemn declaration before the King in the following words:
"I, (name of the declarer) do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the name of the King without any partiality in the interest of justice, of the people and of the public order of the Kingdom. I will also uphold and observe the democratic regime of government with the King as Head of the State, the Constitution of the Kingdom of Thailand and the law in every respect."
SECTION 253.- Salaries, emoluments and other benefits of judges shall be as provided by law; provided that the system of salary-scale or emoluments applicable to civil servants shall not be applied.
The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen, members of the National Counter Corruption Commission and members of the State Audit Commission mutatis mutandis.
SECTION 254.- No person may simultaneously become a member, whether an ex officio member or a qualified member, of the Judicial Commission of the Courts of Justice, the Administrative Court or any other Court as provided by law.
Part 2
Constitutional Court
SECTION 255.- The Constitutional Court consists of the President and fourteen judges of the Constitutional Court to be appointed by the King upon advice of the Senate from the following persons:
(1) five judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;
(2) two judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;
(3) five qualified persons in law elected under section 257;
(4) three qualified persons in political science elected under section 257.
The elected persons under paragraph one shall hold a meeting and elect one among themselves to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly.
The President of the Senate shall countersign the Royal Command appointing the President and judges of the Constitutional Court.
SECTION 256.- The qualified person under section 255 (3) and (4) shall possess the qualifications and shall not be under any of the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being not less than forty five years of age;
(3) having been, in the past, a Minister, an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a member of the National Counter Corruption Commission or a member of the State Audit Commission, or having served, in the past, in a position of not lower than Deputy Prosecutor General, Director-General or its equivalent, or holding a position of not lower than Professor;
(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, senator, political official, member of a local assembly or local administrator;
(6) not being or having been, in the past, a member or holder of other position of a political party over the period of three years preceding the taking of office;
(7) not being an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a judge of an Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.
SECTION 257.- The selection and election of judges of the Constitutional Court under section 255 (3) and (4), shall be proceeded as follows:
(1) there shall be a Selective Committee for judges of the Constitutional Court consisting of the President of the Supreme Court of Justice, Deans of the Faculty of Law, or the equivalent, of all State higher education institutions, being elected among themselves to be four in number, Deans of the Faculty of Political Science, or the equivalent, of all State higher education institutions, 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, as members. The Committee shall have the duties to select and prepare a list of names of ten qualified persons under section 255 (3) and six qualified persons under section 255 (4) and submit it to the President of the Senate with the consent of the nominated persons within thirty days as from the date when a ground for the selection of persons to be in such office occurs. The resolution making such nomination must be passed by votes of not less than three-fourths of the total number of the existing members of the Committee;
(2) the President of the Senate shall convoke the Senate for a sitting for the purpose of passing a resolution, by secret ballot, electing the nominated persons in the list under (1). For this purpose, the first five persons in the name-list of qualified persons under section 255 (3) and the first three persons in the name-list of qualified persons under section 255 (4) who receive the highest votes which are more than one-half of the total number of the existing senators shall be elected as judges of the Constitutional Court, but if the number of the persons elected from the name-list of the qualified persons under section 255 (3) is less than five or the number of the persons elected from the name-list of the qualified persons under section 255 (4) is less than three, the name-list of those not elected on the first occasion shall be submitted to the senators for voting on another occasion consecutively. In such case, the persons receiving the highest number of votes in respective order in the specified number shall be elected as judges of the Constitutional Court. If there are persons receiving equal votes in any order which result in having more than five or three persons, as the case may be, the President of the Senate shall draw lots to determine who are elected persons.
The provisions of section 255 paragraph two and paragraph three shall apply mutatis mutandis.
SECTION 258.- The President and judges of the Constitutional Court shall not:
(1) be a Government official holding a permanent position or receiving a salary;
(2) be an official or employee of a State agency, State enterprise or local government organisation or a director or adviser of a State enterprise or State agency;
(3) hold any position in a partnership, a company or an organisation carrying out business with a view to sharing profits or incomes, or be an employee of any person;
(4) engage in any independent profession.
In the case where the general meeting of the Supreme Court of Justice, the general meeting of the Supreme Administrative Court or the Senate, as the case may be, has elected the person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of the election. If such person has not resigned or has not ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be a judge of the Constitutional Court and the provisions of section 261 shall apply.
SECTION 259.- The President and judges of the Constitutional Court shall hold office for nine years as from the date of their appointment by the King and shall hold office for only one term .
The outgoing President and judges of the Constitutional Court shall remain in office to perform duties until the newly appointed President and judges of the Constitutional Court take office.
The President and judges of the Constitutional Court shall be judicial officials under the law.
SECTION 260.- In addition to the vacation of office upon the expiration of term, the President and judges of the Constitutional Court vacate office upon:
(1) death;
(2) being of seventy years of age;
(3) resignation;
(4) being disqualified or being under any of the prohibitions under section 256;
(5) having done an act in violation of section 258;
(6) the Senate passing a resolution under section 307 for the removal from office;
(7) being sentenced by a judgement to imprisonment.
When a case under paragraph one occurs, the remaining judges shall continue to perform their duties subject to section 267.
SECTION 261.- In the case where the President and judges of the Constitutional Court vacate office en masse at the expiration of term, the proceedings under section 255 and section 257 shall be taken within thirty days as from the date of the vacation of office.
In the case where the President and judges of the Constitutional Court vacate office otherwise than in the case under paragraph one, the following proceedings shall be taken:
(1) in the case of the judge of the Constitutional Court who was elected at the general meeting of the Supreme Court of Justice, section 255 (1) shall apply mutatis mutandis; provided that the election thereunder shall be completed within thirty days as from the date of the vacation of office;
(2) in the case of the judge of the Constitutional Court who was elected at the general meeting of the Supreme Administrative Court, section 255 (2) shall apply mutatis mutandis; provided that the election thereunder shall be completed within thirty days as from the date of the vacation of office;
(3) in the case of the judges of the Constitutional Court under section 255(3) or (4), section 257 shall apply mutatis mutandis. In such case, the nomination of suitable persons to be qualified judges of the Constitutional Court under section 255 (3) or (4) shall be presented to the President of the Senate by submitting names of persons in the double number of the outgoing judges and the Senate shall pass a resolution for the election within thirty days from the date of the vacation office.
In the case where some or all judges of the Constitutional Court vacate office out of a session of the National Assembly, the proceedings under section 257 shall be taken within thirty days as from the date of the opening of a session of the National Assembly.
In the case where the President of the Constitutional Court vacates office, the provisions of section 255 paragraph two shall apply mutatis mutandis.
SECTION 262.- After any bill or organic law bill has been approved by the National Assembly under section 93 or has been reaffirmed by the National Assembly under section 94, before the Prime Minister presents it to the King for signature:
(1) if 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 both Houses are of the opinion that provisions of the said bill are contrary to or inconsistent with this Constitution or such bill is enacted contrary to the provisions of this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;
(2) if not less than twenty members of the House of Representatives, senators or members of both Houses are of the opinion that the provisions of the said organic law bill are contrary to or inconsistent with this Constitution or such organic law bill is enacted contrary to this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;
(3) if the Prime Minister is of the opinion that the provisions of the said bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution, the Prime Minister shall refer such opinion to the Constitutional Court for decision and, without delay, inform the President of the House of Representatives and the President of the Senate thereof.
During the consideration of the Constitutional Court, the Prime Minister shall suspend the proceedings in respect of the promulgation of the bill or organic law bill until the Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution and that such provisions of the bill or organic law bill form the essential element thereof, such bill or organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution otherwise than in the case specified in paragraph three, such conflicting or inconsistent provisions shall lapse and the Prime Minister shall proceed further in accordance with section 93 or section 94, as the case may be.
SECTION 263.- The provisions of section 262 (2) shall apply mutatis mutandis to draft rules of procedure of the House of Representatives, draft rules of procedure of the Senate and draft rules of procedure of the National Assembly which have already been approved by the House of Representatives, the Senate or the National Assembly, as the case may be, but remain unpublished in the Government Gazette.
SECTION 264.- In the application of the provisions of any law to any case, if the Court by itself is of the opinion that, or a party to the case raises an objection that, the provisions of such law fall within the provisions of section 6 and there has not yet been a decision of the Constitutional Court on such provisions, the Court shall stay its trial and adjudication of the case and submit, in the course of official service, its opinion to the Constitutional Court for consideration and decision.
In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one is not essential for decision, the Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but shall not affect final judgements of the Courts.
SECTION 265.- In the performance of duties, the Constitutional Court shall have the power to demand documents or relevant evidence from any person or summon any person to give statements of fact as well as request the Courts, inquiry officials, a State agency, State enterprise or local government organisation to carry out any act for the purpose of its consideration.
The Constitutional Court shall have the power to appoint a person or a group of persons to carry out duties as entrusted.
SECTION 266.- In the case where a dispute arises as to the powers and duties of organs under the Constitution, such organs or the President of the National Assembly shall submit a matter together with the opinion to the Constitutional Court for decision.
SECTION 267.- The quorum of judges of the Constitutional Court for hearing and giving a decision shall consist of not less than nine judges. The decision of the Constitutional Court shall be made by a majority of votes, unless otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a decision on his or her own part and make an oral statement to the meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof shall be published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the background or allegation, summary of facts obtained from hearings, reasons for the decision on questions of fact and questions of law and the provisions of the Constitution and the law invoked and resorted to.
SECTION 268.- The decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organs.
SECTION 269.- The procedure of the Constitutional Court shall be prescribed by the Constitution Court, which must be done by a unanimous resolution of its judges, and shall be published in the Government Gazette.
The procedure of the Constitutional Court under paragraph one must also be founded at least upon fundamental guarantees with regard to the openness of hearing, the opportunity to the parties to express their opinions before the decision of the case, the right of the parties to inspect documents relating to them, the opportunity to challenge the judge of the Constitutional Court and the reasoning of the decision or order of the Constitutional Court.
SECTION 270.- The Constitutional Court shall have its independent secretariat, with the Secretary-General of the Office of the Constitutional Court as the superior responsible directly to the President of the Constitutional Court.
The appointment of the Secretary-General of the Office of the Constitutional Court must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in personnel administration, budget and other activities as provided by law.
Part 3
Courts of Justice
SECTION 271.- The Courts of Justice have the powers to try and adjudicate all cases except those specified by this Constitution or the law to be within the jurisdiction of other courts.
SECTION 272.- There shall be three levels of Courts of Justice, viz, Courts of First Instance, Court of Appeal and the Supreme Court of Justice, except otherwise provided by this Constitution or other laws.
There shall be in the Supreme Court of Justice a Criminal Division for Persons Holding Political Positions the quorum of which consists of nine judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot and on a case-by-case basis.
The competence of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions and the criminal procedure for such persons shall be as provided by this Constitution and the organic law on criminal procedure for persons holding political positions.
SECTION 273.- The appointment and removal from office of a judge of a Court of Justice must be approved by the Judicial Commission of the Courts of Justice before they are tendered to the King.
The promotion, increase of salaries and punishment of judges of the Courts of Justice must be approved by the Judicial Commission of the Courts of Justice. For this purpose, the Judicial Commission of the Courts of Justice shall appoint a sub-committee in each level of Courts for preparing and presenting its opinion on such matter for consideration.
SECTION 274.- The Judicial Commission of the Courts of Justice consists of the following persons:
(1) President of the Supreme Court of Justice as Chairman;
(2) twelve qualified members of all levels of Courts, four persons from each level, who are judges of each level of Courts and elected by judicial officials of all levels of Courts;
(3) two qualified members who are not or were not judicial officials and who are elected by the Senate.
The qualifications, prohibitions and procedure for the election of the qualified members shall be in accordance with the provisions of the law.
SECTION 275.- The Courts of Justice shall have an independent secretariat, with the Secretary-General of the Office of the Courts of Justice as the superior responsible directly to the President of the Supreme Court of Justice.
The appointment of the Secretary-General of the Office of the Courts of Justice must be approved by the Judicial Commission of the Courts of Justice.
The Office of the Courts of Justice shall have autonomy in personnel administration, budget and other activities as provided by law.
Part 4
Administrative Courts
SECTION 276.- Administrative Courts have the powers to try and adjudicate cases of dispute between a State agency, State enterprise, local government organisation, or State official under the superintendence or supervision of the Government on one part and a private individual on the other part, or between a State agency, State enterprise, local government organisation, or State official under the superintendence or supervision of the Government on one part and another such agency, enterprise, organisation or official on the other part, which is the dispute as a consequence of the act or omission of the act that must be, according to the law, performed by such State agency, State enterprise, local government organisation, or State official, or as a consequence of the act or omission of the act under the responsibility of such State agency, State enterprise, local government organisation or State official in the performance of duties under the law, as provided by law.
There shall be the Supreme Administrative Court and Administrative Courts of First Instance, and there may also be the Appellate Administrative Court.
SECTION 277.- The appointment and removal from office of an administrative judge must be approved by the Judicial Commission of the Administrative Courts as provided by law before they are tendered to the King.
Qualified persons in the field of law or the administration of the State affairs may be appointed as judges of the Supreme Administrative Court. Such appointment shall be made in the number of not less than one-third of the total number of judges of the Supreme Administrative Court and must be approved by the Judicial Commission of the Administrative Courts as provided by law and by the Senate before it is tendered to the King.
The promotion, increase of salaries, and punishment of administrative judges must be approved by the Judicial Commission of the Administrative Courts as provided by law.
SECTION 278.- The appointment of an administrative judge as President of the Supreme Administrative Court, shall, when already approved by the Judicial Commission of the Administrative Courts and the Senate, be tendered by the Prime Minister to the King for appointment.
SECTION 279.- The Judicial Commission of the Administrative Courts consists of the following persons:
(1) President of the Supreme Administrative Court as Chairman;
(2) nine qualified members who are administrative judges and elected by administrative judges among themselves;
(3) three qualified members, two of whom are elected by the Senate and the other by the Council of Ministers.
The qualifications, prohibitions and procedure for the election of the qualified members shall be in accordance with the provisions of the law.
SECTION 280.- The Administrative Courts shall have an independent secretariat, with the Secretary-General of the Office of the Administrative Courts as the superior responsible directly to the President of the Supreme Administrative Court.
The appointment of the Secretary-General of the Office of the Administrative Courts must be approved by the Judicial Commission of Administrative Courts as provided by law.
The Office of the Administrative Courts shall have autonomy in personnel administration, budget and other activities as provided by law.
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