Part 5
Military Courts
SECTION 281.- Military Courts have the powers to try and adjudicate military criminal cases and other cases as provided by law. The appointment and removal from office of military judges shall be as provided by law.
CHAPTER IX
Local Government
SECTION 282.- Subject to section 1, the State shall give autonomy to the locality in accordance with the principle of self-government according to the will of the people in the locality.
SECTION 283.- Any locality which meets the conditions of self- government shall have the right to be formed as a local government organisation as provided by law.
The supervision of a local government organisation must be exercised in so far as it is necessary as provided by law but must be for protecting local interests or the interests of the country as a whole; provided, however, that it shall not substantially affect the principle of self-government according to the will of the people in the locality otherwise than as provided by law.
SECTION 284.- All local government organisations shall enjoy autonomy in laying down policies for their governance, administration, personnel administration, finance and shall have powers and duties particularly on their own part.
The delineation of powers and duties between the State and a local government organisation and among local government organisations themselves shall be in accordance with the provisions of the law, having particular regard to the promotion of decentralisation.
For the purpose of the continual development of decentralisation to a higher level, there shall be the law determining plans and process of decentralisation, the substance of which shall at least provide for the following matters.
(1) the delineation of powers and duties in the management of public services between the State and a local government organisation and among local government organisations themselves;
(2) the allocation of taxes and duties between the State and a local government organisation, having regard to burdens of the State vis-ŕ-vis the local government organisation and those among local government organisations themselves;
(3) the setting up of a committee to perform the duties in (1) and (2) consisting, in an equal number, of representatives of relevant Government agencies, representatives of local government organisation and qualified persons possessing the qualifications as provided by law.
In the case where the delineation of powers and duties and the allocation of taxes and duties under (1) and (2) have been made for any local government organisation, the committee under (3) shall review them every five years as from the date of the delineation of powers and duties or the date of the allocation of taxes and duties, as the case may be, in order to consider the suitability of the delineation of powers and duties and the allocation of taxes and duties previously made, having particular regard to the promotion of decentralisation.
The proceeding under paragraph four shall be effective when the approval of the Council of Ministers has been obtained and the National Assembly has been notified thereof.
SECTION 285.- A local government organisation shall have a local assembly and local administrative committee or local administrators.
Members of a local assembly shall be elected.
A local administrative committee or local administrators shall be directly elected by the people or shall be from the approval of a local assembly.
An election of members of a local assembly and local administrative committee or local administrators who must be directly elected by the people shall be made by direct suffrage and secret ballot.
Members of a local assembly, local administrative committee or local administrators shall hold office for the period of four years.
A member of a local administrative committee or local administrator shall not be a Government official holding a permanent position or receiving a salary or an official or employee of a State agency, State enterprise or local government organisation.
The qualifications of the person having the right to vote and the person having the right to apply for candidacy in an election of members of a local assembly, members of a local administrative committee and local administrators and rules and procedure therefor shall be in accordance with the provisions of the law.
In the case where there is a dissolution of a local assembly or where members of a local assembly have vacated office en masse under section 286 and a local administrative committee or local administrators must be temporarily appointed, the provisions of paragraph two, paragraph three and paragraph six shall not apply, as provided by law.
SECTION 286.- If persons, having the right to vote in an election in any local government organisation, of not less than three-fourths of the number of the voters who are present to cast ballot consider that any member of the local assembly or any administrator of that local government organisation is not suitable to remain in office, such member or administrator shall vacate the office, as provided by law.
The voting under paragraph one shall be made by not less than one-half of the total number of the persons having the right to vote.
SECTION 287.- Persons, having the right to vote in any local government organisation, of not less than one-half of the total number of the persons having the right to vote in that local government organisation shall have the right to lodge with the President of the local assembly a request for the issuance by the local assembly of local ordinances.
The request under paragraph one shall be accompanied by the draft local ordinances.
The rules and procedure for the lodge of request and the examination thereof shall be as provided by law.
SECTION 288.- The appointment and removal of officials and employees of a local government organisation shall be in accordance with the need of and suitability to each locality and shall obtain prior approval from the Local Officials Committee, as provided by law.
The Local Officials Committee under paragraph one shall consist, in an equal number, of representatives of relevant Government agencies, representatives of local government organisations and qualified persons possessing the qualifications as provided by law.
The transfer, promotion, increase of salaries and the punishment of the officials and employees of a local government organisation shall be in accordance with the provisions of the law.
SECTION 289.- A local government organisation has the duty to conserve local arts, custom, knowledge or good culture.
A local government organisation has the right to provide education and professional training in accordance with the suitability to and the need of that locality and participate in the provision of education and training by the State; provided that it shall not be contrary to section 43 and section 81, as provided by law.
In providing education and training in the locality under paragraph two, the local government organisation shall also have regard to the conservation of local arts, custom, knowledge and good culture.
SECTION 290.- For the purpose of promoting and maintaining the quality of the environment, a local government organisation has powers and duties as provided by law.
The law under paragraph one shall at least contain the following matters as its substance:
(1) the management, preservation and exploitation of the natural resources and environment in the area of the locality;
(2) the participation in the preservation of natural resources and environment outside the area of the locality only in the case where the living of the inhabitants in the area may be affected;
(3) the participation in considering the initiation of any project or activity outside the area of the locality which may affect the quality of the environment, health or sanitary conditions of the inhabitant in the area.
CHAPTER X
Inspection of the Exercise of State Power
Part 1
Declaration of Accounts Showing Particulars of Assets and Liabilities
SECTION 291.- Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:
(1) Prime Minister;
(2) Ministers;
(3) members of the House of Representatives;
(4) senators;
(5) other political officials;
(6) local administrators and members of a local assembly as provided by law.
The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.
SECTION 292.- The account showing particulars of assets and liabilities under section 291 shall disclose the particulars of assets and liabilities actually existing as of the date of the submission thereof and shall be submitted within such time as follows:
(1) in the case of the taking of office, within thirty days as from the date of taking office;
(2) in the case of the vacation of office, within thirty days as from the date of the vacation;
(3) in the case where the person under section 291, who has already submitted the account, dies while being in office or before submitting the same after the vacation of office, an heir or an administrator of an estate of such person shall submit an account showing the particulars of assets and liabilities existing on the date of such personís death within ninety days as from the date of the death.
In addition to the submission of the account under (2), the person holding a position of Prime Minister, Ministers, local administrator, member of a local assembly or the person holding a political position but having vacated office shall also re-submit an account showing particulars of assets and liabilities within thirty days as from the date of the expiration of one year after the vacation of office.
SECTION 293.- When the account showing the particulars of assets and liabilities and its supporting documents have been received, the President of the National Counter Corruption Commission or the member of the National Counter Corruption Commission as entrusted by the President shall affix his or her signature on every page of the account.
The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts or the State Audit Commission.
The President of the National Counter Corruption Commission shall convene a meeting of the Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.
SECTION 294.- In the case where the submission of the account is made by reason of the vacation of office or death of any person holding a political position, the National Counter Corruption Commission shall inspect the change of assets and liabilities of such person and prepare a report of the inspection. Such report shall be published in the Government Gazette.
In the case where it appears that the assets of the person under paragraph one have unusually increased, the President of the National Counter Corruption Commission shall send all documents together with the inspection report to the Prosecutor General to institute an action in the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions so that the unusually increasing assets shall vest in the State.
The provisions of section 305 paragraph five shall apply mutatis mutandis.
SECTION 295.- Any person holding a political position who intentionally fails to submit the account showing assets and liabilities and the supporting documents as provided in this Constitution or intentionally submits the same with false statements or conceals the facts which should be revealed shall vacate office as from the date of the expiration of the time limit for the submission under section 292 or as from the date such act is discovered, as the case may be, and such person shall be prohibited from holding any political position for five years as from the date of the vacation of office.
When the case under paragraph one occurs, the National Counter Corruption Commission shall refer the matter to the Constitutional Court for further decision, and when the decision of the Constitutional Court is given, the provisions of section 97 shall apply mutatis mutandis.
SECTION 296.- The provisions of section 291, section 292, section 293 paragraph one and paragraph three and section 295 paragraph one shall apply mutatis mutandis to other State officials as provided by the organic law on counter corruption.
Part 2
The National Counter Corruption Commission
SECTION 297.- The National Counter Corruption Commission consists of the President and eight qualified members appointed by the King with the advice of the Senate.
Members of the National Counter Corruption Commission shall be persons of apparent integrity, with qualifications and without any of the prohibitions under section 256.
The provisions of section 257 and section 258 shall apply to the selection and election of members of the National Counter Corruption Commission mutatis mutandis. For this purpose, the Selective Committee for members of the National Counter Corruption Commission shall consist of fifteen members, viz, the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic person, being elected among themselves to be seven 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 five in number.
The President of the Senate shall countersign the Royal Command appointing the President and members of the National Counter Corruption Commission.
SECTION 298.- Members of the National Counter Corruption Commission shall hold office for a term of nine years as from the date of their appointment by the King and shall serve for only one term.
Members of the National Counter Corruption Commission who vacate office at the expiration of term shall remain in office to continue to perform their duties until the newly appointed members take office. Section 260 and section 261 shall apply to the vacation, selection and election of members of the National Counter Corruption Commission mutatis mutandis.
SECTION 299.- Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House have a right to lodge with the President of the Senate a complaint that any member of the National Counter Corruption Commission has acted unjustly, intentionally violated the Constitution or laws or has been under any circumstance which is seriously detrimental to the dignity of the holding of office, in order to request the Senate to pass a resolution removing him or her from office.
The resolution of the Senate removing the member of the National Counter Corruption Commission from office under paragraph one shall be passed by votes of not less than three-fourths of the total number of the existing members of the Senate.
SECTION 300.- Members of the House of Representatives, senators or members of both Houses of not less than one-fourth of the total number of the existing members of both Houses have a right to lodge with the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions an allegation that any member of the National Counter Corruption Commission has become unusually wealthy or has committed an offence of corruption or malfeasance in office.
The request under paragraph one shall clearly, itemise the circumstance in which such person has allegedly committed the act under paragraph one and shall be submitted to the President of the Senate. When the President of the Senate has received the said request, the President shall refer it to the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions for trial and adjudication.
The alleged member of the National Counter Corruption Commission shall not perform his or her duty until the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions has dismissed the said request.
SECTION 301.- The National Counter Corruption Commission shall have the following powers and duties:
(1) to inquire into facts, summarise the case and prepare opinion to be submitted to the Senate according to section 305;
(2) to inquire into facts, summarise the case and prepare opinions to be submitted to the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions in accordance with section 308;
(3) to inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office in order to take further action in accordance with the organic law on counter corruption;
(4) to inspect the accuracy, actual existence as well as change of assets and liabilities of the persons holding positions under section 291 and section 296 as stated in the account and supporting documents submitted;
(5) to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives and the Senate annually and publish that report for dissemination;
(6) to carry on other acts as provided by law. Section 146 and section 265 shall apply to the performance of duties of the National Counter Corruption Commission mutatis mutandis.
SECTION 302.- The National Counter Corruption Commission shall have an independent secretariat, with the Secretary-General of the National Counter Corruption Commission as the superior responsible directly to the President of the National Counter Corruption Commission.
The appointment of the Secretary-General of the National Counter
Corruption Commission shall be approved by the National Counter Corruption Commission and the Senate.
The Office of the National Counter Corruption Commission shall have autonomy in personnel administration, budget and other activities as provided by law.
Part 3
The Removal from Office
SECTION 303.- A person holding a position of Prime Minister, Minister, member of the House of Representatives, senator, President of the Supreme Court of Justice, President of the Constitutional Court, President of the Supreme Administrative Court or Prosecutor General, who is under the circumstance of unusual wealthiness indicative of the commission of corruption, malfeasance in office, malfeasance in judicial office or an intentional exercise of power contrary to the provisions of the Constitution or law, may be removed from office by the Senate.
The provisions of paragraph one shall also apply to the persons holding the following positions:
(1) Election Commissioner, Ombudsman, judge of the Constitutional Court, and member of the State Audit Commission;
(2) judge, public prosecutor or high ranking official in accordance with the organic law on counter corruption.
SECTION 304.- Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House or voters of not less than fifty-thousand in number have the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution under section 307 removing the persons under section 303 from office. The said request shall clearly itemise circumstances in which such persons have allegedly committed the act.
Senators of not less than one-fourth of the total number of the existing members of the Senate have the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution under section 307 removing a senator from office.
The rules, procedure and conditions for the lodging of the complaint by the voters under paragraph one shall be in accordance with the organic law on counter corruption.
SECTION 305.- Upon receipt of the request under section 304, the President of the Senate shall refer the matter to the National Counter Corruption Commission for investigation without delay.
When the investigation is complete, the National Counter Corruption Commission shall prepare a report thereon for submission to the Senate. The said report shall clearly state whether, and to what extent, the accusation put in the request is prima facie case and shall state the reasons therefor.
In the case where the National Counter Corruption Commission is of the opinion that the accusation put in the request is an important matter, the National Counter Corruption Commission may make a separate report specifically on the said accusation and refer it to the Senate in advance.
If the National Counter Corruption Commission passes a resolution that the accusation has a prima facie case, the holder of the position against whom the accusation has been made shall not, as from the date of such resolution, perform his or her duties until the Senate has passed its resolution. The President of the National Counter Corruption Commission shall submit the report, existing documents and its opinion to the President of the Senate for proceeding in accordance with section 306 and to the Prosecutor General for instituting prosecution in the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions. If the National Counter Corruption Commission is of the opinion that the accusation has no prima facie case, such accusation shall lapse.
In the case where the Prosecutor General is of the opinion that the report, documents and opinion submitted by the National Counter Corruption Commission under paragraph four are not so complete as to institute prosecution, the Prosecutor General shall notify the National Counter Corruption Commission for further proceedings and, for this purpose, the incomplete items shall be specified on the same occasion. In such case, the National Counter Corruption Commission and the Prosecutor General shall appoint a working committee, consisting of their representatives in an equal number, for collecting complete evidence and submit it to the Prosecutor General for further prosecution. In the case where the working committee is unable to reach a decision as to the prosecution, the National Counter Corruption Commission shall have the power to prosecute by itself or appoint a lawyer to prosecute on its behalf.
SECTION 306.- Upon receipt of the report under section 305, the President of the Senate shall convoke a sitting of the Senate for considering the said matter without delay.
In the case where the National Counter Corruption Commission submits the report out of session of the Senate, the President of the Senate shall inform the President of the National Assembly in order to tender a petition to the King for the issuance of a Royal Command convoking an extraordinary session of the National Assembly. The President of the Senate shall countersign the Royal Command.
SECTION 307.- A senator shall have autonomy in casting a vote, which must be by secret ballot. A resolution for the removal of any person from office shall be passed by votes of not less than three-fifths of the total number of the existing members of the Senate.
A person who is removed from office shall vacate office or be released from government service as from the date of the resolution of the Senate. Such person shall be deprived of the right to hold any political position or to serve in the government service for five years.
The resolution of the Senate under this section shall be final and no request for the removal of such person from office shall be made on the same ground, without, however, prejudice to the trial of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions.
Part 4
Criminal Proceedings Against Persons Holding Political Positions
SECTION 308.- In the case where the Prime Minister, a minister, member of the House of Representatives, senator or other political official has been accused of becoming unusually wealthy, or of the commission of malfeasance in office according to the Penal Code or a dishonest act in the performance of duties or corruption according to other laws, the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions shall have the competent jurisdiction to try and adjudicate the case.
The provisions of paragraph one shall also apply to the case where the said person or other person is a principal, an instigator or a supporter.
SECTION 309.- A person injured by the act under section 308 shall have the right to lodge with the National Counter Corruption Commission the petition for action to be taken under section 301 (2) in accordance with the organic law on counter corruption.
The provisions of section 305 paragraph one, paragraph four and paragraph five shall apply mutatis mutandis.
SECTION 310.- In a trial, the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions shall rely on the file of the National Counter Corruption Commission and may conduct an investigation in order to obtain additional facts or evidence as it thinks fit.
The provisions of section 265 shall apply to the performance of duties of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions mutatis mutandis.
The provisions on the immunity of members of the House of Representatives and senators under section 166 and section 167 shall not apply to a trial of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions.
SECTION 311.- An adjudication of a case shall be made by a majority of votes; provided that every judge constituting the quorum shall prepare his or her written opinion and make oral statements to the meeting prior to the passing of a resolution.
The opinion shall at least contain the following particulars:
(1) name of the accused person;
(2) the matter on which the accusation is made;
(3) accusation and a summary of facts derived from trials;
(4) reasons given for the decision of both questions of law and questions of fact;
(5) provisions of the law referred to;
(6) decision and actions to be taken in connection with the assets concerned, if any.
Orders and decisions of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions shall be disclosed and final.
CHAPTER XI
State Audit
SECTION 312.- The State audit shall be carried out by the State Audit Commission and the Auditor-General who is independent and impartial.
The State Audit Commission consists of the Chairman and nine other members appointed by the King with the advice of the Senate, from persons with expertise and experience in state audit, accounting, internal audit, finance and other fields.
The State Audit Commission shall have an independent secretariat, with the Auditor-General as the superior responsible directly to the Chairman of the State Audit Commission, as provided by the organic law on state audit.
The King shall appoint the Auditor-General with the advice of the Senate from persons with expertise and experience in state audit, accounting, internal audit, finance or other fields.
The President of the Senate shall countersign the Royal Command appointing the Chairman and members of the State Audit Commission and the Auditor-General.
Members of the State Audit Commission shall hold office for a term of six years from the date of their appointment by the King and shall serve for only one term.
Qualifications, prohibitions, selection, election, and vacation of office of members of the State Audit Commission and the Auditor-General as well as powers and duties of the State Audit Commission, the Auditor-General and the Office of the State Audit Commission shall be in accordance with the organic law on state audit.
The determination of qualifications and procedure for the election of persons to be appointed as members of the State Audit Commission and the Auditor-General shall be made in the manner which can secure persons of appropriate qualifications an integrity and which can provide for the guarantee of the independence in the performance of duties of such persons.
CHAPTER XII
Amendment of the Constitution
SECTION 313.- An amendment of the Constitution may be made only under the rules and procedure as follows:
(1) a motion for amendment must be proposed either by the Council of Ministers or 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 or members of both Houses of not less than one-fifth of the total number of the existing members thereof. Members of the House of Representatives may propose or jointly propose such motion only upon the resolutions of the political parties to which they belong; A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of the State or changing the form of the State shall be prohibited;
(2) a motion for amendment must be proposed in the form of a draft Constitution Amendment and the National Assembly shall consider it in three readings;
(3) the voting in the first reading for acceptance in principle shall be by roll call and open voting, and the amendment must be approved by votes of not less than one-half of the total number of the existing members of both Houses;
(4) the voting in the second reading for consideration section by section shall be decided by a simple majority of votes;
(5) at the conclusion of the second reading, there shall be an interval of fifteen days after which the National Assembly shall proceed with its third reading;
(6) the voting in the third and final reading shall be by roll call and open voting, and its promulgation as the Constitution must be approved by votes of more than one-half of the total number of the existing members of both Houses;
(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 93 and section 94 shall apply mutatis mutandis.
TRANSITORY PROVISIONS
SECTION 314.- The Privy Council holding office on the date of the promulgation of this Constitution shall be the Privy Council under the provisions of this Constitution.
During the termination of membership of senators en masse under section 323, the President of the Privy Council shall also act as the Privy Council while the remainder of the Privy Council shall act as the National Assembly under section 19, section 21, section 22 and section 23; provided that section 20 paragraph three and section 24 paragraph three shall not apply. The Privy Council shall elect one among themselves to act as President pro tempore.
SECTION 315.- As from the date of the promulgation of this Constitution, the House of Representatives under the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 shall act as the House of Representatives under this Constitution until the date of the election of members of the House of Representatives under section 324; and the Senate under the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 shall act as the Senate under this Constitution until the expiration of the period of four years, as from the date of the appointment of senators by the King under paragraph five (1) or the date of the election of senators under paragraph five (2), as the case may be. Members of the House of Representatives holding office on the date of the promulgation of this Constitution shall be members of the House of Representatives under this Constitution until the expiration of term of the House, the dissolution thereof, or the termination of membership under section 323, as the case may be. In the case where the office of a member of the House of Representatives becomes vacant for any reason whatsoever, the House shall consist of its remaining members.
Senators holding office on the date of the promulgation of this Constitution shall be senators under this Constitution until membership of senators terminates under the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 or under section 323, as the case may be. In the case where the office of a senator becomes vacant for any reason whatsoever, the Senate shall consist of the remaining senators.
Section 107 (3), section 118 (7), section 121, section 125 (2) and (3), section 126 (2) and (3), section 127, section 130 and section 134 shall not apply to the members of the House of Representatives under paragraph two and the senators under paragraph three.
In the case where membership of senators under paragraph three has been caused to have terminated en masse under paragraph three, there shall be the first election of senators under this Constitution as follows:
(1) in the case where membership of senators terminates at the expiration of a term of four years as from the date of their appointment by the King, the election shall be held within sixty days before the expiration of the term of four years. In such case, the term of the Senate and membership of the elected senators shall commence as from the date of the termination of membership of senators under paragraph three;
(2) in the case where membership of senators has terminated under section 323, the election shall be held in accordance with the organic law on election of members of the House of Representatives and senators. If such law has not yet been enacted, the law on election of members of the House of Representatives as in force on the date of the promulgation of this Constitution shall apply in so far as it is not contrary to or inconsistent with this Constitution; provided that a term "member of the House of Representatives" shall be replaced by the term "senator" everywhere it appears and that the Chairman of the Election Commission appointed under section 319 shall have charge and control of the execution of such law. In the case where the Election Commission is of the opinion that any provision of the law on election of members of the House of Representatives is contrary to, or inconsistent with, or does not correspond with this Constitution, the Election Commission shall have the power to lay down necessary regulations in substitution of that provision in order for the election to proceed in an honest and fair manner. Such regulations and opinions that the provision of the said law is contrary to, or inconsistent with, or does not correspond with this Constitution shall be referred to the Constitution Court for consideration of their constitutionality before their publication in the Government Gazette.
The election of senators under (2) shall be held within ninety days as from the expiration of two hundred and forty days from the date of the promulgation of this Constitution and shall not be done on the same date as that of the election of members of the House of Representatives under section 324.
SECTION 316.- The President and Vice-Presidents of the House of Representatives and the Leader of the Opposition in the House of Representatives holding office on the date of the promulgation of this Constitution shall be the President, Vice-Presidents and Leader of the Opposition of the House of Representatives under this Constitution.
The President and Vice-Presidents of the Senate holding office on the date of the promulgation of this Constitution shall be the President and Vice- Presidents of the Senate under this Constitution until the expiration of term of the Senate under section 315 or the vacation of office before the expiration of term under section 323.
Parliamentary committees carrying out duties on the date of the promulgation of this Constitution shall be the parliamentary committees under this Constitution.
The rules of procedure of the House of Representatives, the rules of procedure of the Senate and the rules of procedure of the National Assembly as in force on the date of the promulgation of this Constitution shall continue to be in force in so far as it is not contrary to or inconsistent with this Constitution and shall cease to be in force upon any of the following circumstances:
(1) the termination or dissolution of the House of Representatives under section 315 paragraph one or the occurrence of the circumstance under section 323;
(2) the issuance of new rules of procedure of the Senate in accordance with this Constitution, which must not be later than two hundred and forty days as from the date of the promulgation of this Constitution; or
(3) the issuance of new rules of procedure of the National Assembly in accordance with the Constitution, which must not be later than two hundred and forty days as from the date of the convocation of the National Assembly after the first general election of members of the House of Representatives under this Constitution.
SECTION 317.- The Council of Ministers carrying out the administration of the State affairs on the date of the promulgation of this Constitution shall be the Council of Ministers under this Constitution.
The provisions of section 156 of the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 shall apply to a debate for a vote of no-confidence in an individual Minister and the Council of Ministers under paragraph one or to a debate for a vote of no-confidence in an individual Minister and in the Council of Ministers newly appointed while the election of members the House of Representatives under section 324 has not yet been held, as the case may be. If the vote of no-confidence has passed by the prescribed number of votes, the Minister or the Council of Ministers shall vacate office.
When the election of members the House of Representatives has been held under section 324, the Council of Ministers under paragraph one or the Council of Ministers appointed before the election under section 324, as the case may be, shall vacate office; provided that such Council of Ministers shall continue to perform duties until the newly appointed Council of Ministers has taken office.
The provisions of section 118 (7), section 127, section 201, section 202, section 203, section 204, section 206 (2), (3) and (6), section 209, section 215 paragraph four and section 216 (5) shall not apply to the holding and the vacation of office of the Prime Minister and Ministers under this section.
SECTION 318.- In the initial period, the Judicial Commission under the law on judicial service shall be the Judicial Commission of the Courts of Justice under this Constitution until the Judicial Commission of the Courts of Justice under section 274 is constituted. The election of members of the Judicial Commission shall be in accordance with the law on judicial service.
All necessary acts for the implementation of section 274 of this Constitution shall be carried out within three years as from the date of the promulgation of this Constitution.
SECTION 319.- In the initial period, the Senate shall elect the Election Commissioners under section 136 within thirty days as from the date of the promulgation of this Constitution; provided that the period of time prescribed under section 138 shall not apply.
In the initial period in which there is no the President of the Supreme Administrative Court, the Selective Committee for Election Commissioners shall have nine members consisting of Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be five in number, 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.
While the organic law on the Election Commission has not yet been promulgated, the Election Commission shall lay down necessary regulations for the performance of its duties under this Constitution. Such regulations shall be submitted to the Constitutional Court for consideration of their constitutionality before their publication in the Government Gazette and shall be in force until the organic law on the Election Commission comes into force.
SECTION 320.- In the initial period, the Constitutional Council under the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 shall be the Constitutional Court under this Constitution until the Constitutional Court under paragraph two has been established.
In the initial period, there shall be an election of judges of the Constitutional Court under section 255 and section 257 within forty five days as from the date of the promulgation of this Constitution.
While there is no the Supreme Administrative Court, section 255(2) shall not apply and the Constitutional Court shall consist of the President of the Constitutional Court and twelve judges of the Constitutional Court appointed by the King from persons under section 255(1), (3) and (4).
SECTION 321.- The Commission of Counter Corruption and the Office of the Commission of Counter Corruption under the law on counter corruption shall be the National Counter Corruption Commission and the Office of the National Counter Corruption Commission under this Constitution, as the case may be, until the National Counter Corruption Commission has been appointed or the Office of the National Counter Corruption Commission has been established in accordance with the provisions of this Constitution, which shall be done within two years as from the date of the promulgation of this Constitution.
For the purpose of implementing this Constitution, the National Counter Corruption Commission under paragraph one shall prescribe necessary regulations for the performance of its duties under this Constitution. Such regulations shall be submitted to the Constitutional Court for consideration of their constitutionality before their publication in the Government Gazette and shall be in force until the organic law on counter corruption comes into force.
In the initial period, while there is no the President of the Supreme Administrative Court, the Selective Committee for members the National Counter Corruption Commission under section 297 paragraph three shall have fourteen members consisting the President of the Supreme Court of Justice, the President of the Constitutional Court, Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be seven 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 five in number.
SECTION 322.- In the initial period, Election Commissioners, Ombudsmen, members of the National Human Rights Commission, judges of the Constitutional Court, members of the National Counter Corruption Commission and members of the State Audit Commission, who are elected by the resolution of the Senate under section 315 paragraph three, shall hold office for half a period of the term designated for such office. For the purpose of the first election of such persons by the Senate elected under this Constitution, the provisions allowing the holding of such office for only one term shall not apply
Before the election of senators under this Constitution, the removal of persons from office under this Constitution shall be made by a resolution of a joint sitting of the House of Representatives and the Senate under section 315, and section 109(14), section 118(10), section 133(8), section 141(5), section 168(3), section 216(8), section 260(6), section 299, section 303, section 304 and section 307 shall apply mutatis mutandis.
SECTION 323.- Within two hundred and forty days as from the date of the promulgation of this Constitution, the National Assembly shall complete the consideration and approval of the organic law bill on the election of members of the House of Representatives and senators, the organic law bill on the Election Commission, and the organic law bill on political parties; provided that the House of Representatives shall not be dissolved during such period.
The act under paragraph one shall be proceeded as follows:
(1) the House of Representatives shall complete the consideration of the organic law bills under paragraph one within one hundred and twenty days as from the date of the promulgation of this Constitution. In the case where such period of time has expired but the consideration of all the organic law bills under paragraph one has not yet been completed, membership of members of the House of Representatives shall terminate en masse and there shall not be a general election under this Constitution until all the organic law bills under paragraph one have been approved, or unless it is the case under section 324. In such cases, the Senate shall act as the National Assembly and shall complete the introduction and consideration of such organic law bills within ninety days as from the day following the expiration of the period of one hundred and twenty days after the date of the promulgation of this Constitution;
(2) in the case where the House of Representatives has considered all the organic law bills under paragraph one within the time prescribed under (1), the Senate shall complete the consideration of such bills within ninety days as from the date of receiving them;
(3) in the case where the Senate is unable to complete the consideration of all the organic law bills under paragraph one within the time prescribed under (1) or (2), membership of all senators shall terminate en masse. Any organic law bill which has been approved by the House of Representatives shall be deemed to have been approved by the National Assembly, and section 93 and section 94 shall apply to such bill mutatis mutandis.
When the organic law bill has been, or is deemed to have been, approved by the National Assembly under this section, the Prime Minister shall proceed in accordance with section 93 forthwith, and the time prescribed in section 93 shall not apply.
The provisions of section 169 in so far as it concerns a money bill shall not apply to the introduction and consideration of the organic law bills under paragraph one by members of the House of Representatives or the senators under paragraph (1) and (2).
Section 168 shall not apply to the proceeding under this section.
SECTION 324.- An election of members of the House of Representatives shall be held upon any of the following circumstances:
(1) in the case where all organic law bills have been approved by the National Assembly within the time prescribed in section 323 paragraph one, or by the House of Representatives or the Senate acting as the National Assembly under section 323 within the time prescribed in the section 323, the Election Commission under section 319 shall hold an election under this Constitution within sixty days as from the date of the expiration of term or the dissolution of the House of Representatives, or when the circumstance under section 323 occurs;
(2) in the case where the House of Representatives and the Senate are unable to complete the consideration and approval of the organic law bills under section 323 paragraph one within the prescribed time, an election of members of the House of Representatives under this Constitution shall be held within ninety days as from the date of the expiration of the time under section 323 paragraph one. The law on the election of members of the House of Representatives as in force on the date of the promulgation of this Constitution shall apply to the election in so far as it is not contrary to or inconsistent with this Constitution and, for this purpose, the Chairman of the Election Commission established under section 319 shall have charge and control of the execution of such law, and in the case where the Election Commission is of the opinion that any provision of the law on the election of members of the House of Representatives is contrary to or inconsistent with this Constitution, the Election Commission shall have the power to prescribe necessary regulations in substitution of that provision in order to enable the election to proceed in an honest and fair manner. Such regulations and the opinion that such provision of law is contrary to or inconsistent with this Constitution shall be submitted to the Constitutional Court for consideration of their constitutionality before their publication in the Government Gazette.
When the election of members of the House of Representatives and senators have been held under this Constitution but the organic laws under section 323 paragraph one have not yet been all enacted, the House of Representatives and the Senate shall consider the approval of the bills not yet enacted under section 323; provided that the time limit shall commence as from the date of the general election of members of the House of Representatives and the provisions of (2) and section 315 paragraph five (2) shall apply mutatis mutandis.
SECTION 325.- The period of time under section 107(4) shall not apply to the first general election of members of the House of Representatives after the promulgation of this Constitution.
SECTION 326.- In addition to the provisions of this Constitution, the organic law on the election of members of the House of Representatives and senators shall at least contain the following matters as its substance:
(1) the declaration of the reason for inability to be present to vote and the provision of facilities for the election;
(2) the permission of persons having the right to vote under section 105 paragraph two to cast ballot;
(3) the preparation of name-list of candidates in an election on a party-list basis, inspection, and deletion from candidacy of repeated names of candidates and the publicity of names of candidates listed;
(4) the prescription of the form of ballot-papers, in which space shall be provided for an entry of a mark indicating the intention to cast a ballot for no candidate, and the publicity of the number of persons intending to cast ballot for no candidate;
(5) the support of an election of members of the House of Representatives and the introduction of candidates in an election of senators by the State including the procedure under which the introduction of candidates in an election of senators can be made by the candidates themselves or by other persons;
(6) the limitation of electoral expenditure by a candidate, the appointment of a treasurer by a candidate, the inspection of electoral expenditure and the declaration of the result of the inspection;
(7) the counting of votes and the announcement of the result of the vote-counting in an election of members of the House of Representatives in each constituency, which must be done openly in only one place unless otherwise provided by the Election Commission due to the necessity in a particular locality;
(8) the counting of votes and the announcement of the result of the vote-counting in an election of senators;
(9) the announcement of the name of the elected person from the candidates in an election on a party-list basis and the elevation of the person whose name is listed in the next order to replace the elected person who vacates office.
SECTION 327.- In addition to the provisions of this Constitution, the organic law on the Election Commission shall at least contain the following matters as its substance:
(1) powers and duties of the Election Commission;
(2) the activities to be carried out by the Election Commission, which shall at least include the division of constituencies, the procurement of rolls of voters and the re-counting of votes;
(3) the provision of education to the people on the democratic regime of government with the King as Head of the State;
(4) the investigation, inquiry and decision process of the Election Commission;
(5) the bringing of a lawsuit before the Court by the Election Commission in respect of offences relating to an election or political parties;
(6) the co-operation to be given to the Election Commission by Courts, public prosecutors, inquiry officials, or other State agencies;
(7) the acknowledgement and appointment of representatives of private organisations for the purpose of the supervision of an election;
(8) the establishment of an independent secretariat to carry out activities in connection with personnel administration, budget and other activities, with the Chairman of the Election Commission as the highest superior;
(9) the commencement of the time at which the Election Commission may control, hold or cause to be held, an election of a local assembly or local administrators, which shall not be later than ten years as from the date of the promulgation of this Constitution.
SECTION 328.- In addition to the provisions of this Constitution, the organic law on political parties shall at least contain the following matters as its substance:
(1) the formation of a political party, which shall be carried out by at least not less than fifteen persons, and the entry of the formation of a political party in the Register of Political Parties;
(2) the dissolution of a political party; provided that failure of a political party to send candidates to stand for election or to have a member who has been elected in an election shall not be invoked as a ground for the dissolution;
(3) the conduct of activities of a political party and the preparation of report on the operation of a political party;
(4) the support to be given by the State in the formation and the development of branches of a political party;
(5) financial support or other benefits to be given by the State to a political party, the limitation of expenditure of a political party in an election, and the control of the donation to a political party;
(6) the examination of a financial status of a political party including the examination and the disclosure of income sources and expenditure of a political party;
(7) the preparation of an account indicating revenues and expenses of a political party and an account indicating assets and liabilities of a political party, which must disclose its income sources and annual expenditure in every calendar year, for submission to the Election Commission for examination and publication.
SECTION 329.- Within two years as from the date of the promulgation of this Constitution, the following organic laws shall be enacted:
(1) the organic law on Ombudsmen;
(2) the organic law on counter corruption;
(3) the organic law on criminal procedure for persons holding political positions;
(4) the organic law on the State audit;
(5) the organic law on referendum.
SECTION 330.- In addition to the provisions of this Constitution, the organic law on Ombudsmen shall at least contain the following matters as its substance:
(1) the performance of duties of the Ombudsman;
(2) the co-operation to be given to the Ombudsmen by Courts, public prosecutors, inquiry officials, or other State agencies;
(3) qualifications of and procedure for the appointment of the Secretary-General of the Office of the Ombudsmen;
(4) powers and duties of the Office of the Ombudsmen.
SECTION 331.- In addition to the provisions of this Constitution, the organic law on counter corruption shall at least contain the following matters as its substance:
(1) the description of characters of unusual wealthiness and acts amounting to corruption;
(2) the prohibition of the commission of an act representing a conflict between personal interests and public interests for which holders of political positions or other State officials must be accountable both during the currency of office and after the vacation of office;
(3) positions and classes of judges or public prosecutors, and positions and ranks of Government officials, officials and holders of other positions in respect of which a declaration of assets and liabilities is required or from which removal may be made under this Constitution;
(4) the provision for the declaration by holders of political positions and other State officials of assets and liabilities together with the supporting documents, rules for the consideration and inspection of such assets and liabilities every certain period of time, and rules for the disclosure of the account of assets and liabilities;
(5) the procedure for making an accusation that a holder of a political position or State official has been unusually wealthy, corrupted, or committed malfeasance in office or malfeasance in judicial office or an act indicative of such circumstances; provided that the circumstances, evidence or clues shall reasonably be stated;
(6) the procedure for the investigation of facts and preparation of a file in the case where a holder of a political position is accused, having regard to the status of the position by virtue of which a high degree of favour-or-disfavour powers can be exercised and to reasonable protection of the person accused;
(7) the procedure of the Senate for the removal of persons from office, which shall be open except where it is necessary for the protection of important public interests or where a resolution shall be made by secret ballot;
(8) the procedure for investigating and giving decision in the case where a State official has been unusually wealthy, committed corruption or malfeasance in office or malfeasance in judicial office; provided that the procedure to be prescribed shall be suitable to the rank of the position and reasonable protection of the accused person;
(9) the institution of a criminal action against other State official not holding a political position in a Court having competent jurisdiction to try and decide criminal cases;
(10) the co-operation to be given to the National Counter Corruption Commission by Courts, inquiry officials or Government agencies;
(11) the proceeding under section 305 paragraph five for the initiation of an action including the power to bring the accused person to trial;
(12) rules and procedure for compensation for assets in the case where such assets have been transferred or removed;
(13) penalties to be inflicted on the President or a member of the National Counter Corruption Commission in the case of the commission of an unjust act, corruption, malfeasance in office, which must not be less than twice heavier penalties than those provided in the law prescribing such offences.
SECTION 332.- In addition to the provisions of this Constitution, an organic law on criminal procedure for persons holding political positions shall at least contain the following matters as its substance:
(1) competence of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions;
(2) criminal procedure for holders of political positions, which shall be founded upon the inquisitorial system as to which the file-brief prepared by the National Counter Corruption Commission shall principally be relied on and the principles of equal hearing and right of defence of the accused persons shall be observed;
(3) open trials except where it is necessary for the protection of important public interests;
(4) the prohibition of repetitious or duplicate institution of actions for the same offence;
(5) the appointment of a person to institute prosecution under section 305;
(6) execution of orders or judgements of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions;
(7) other matters necessary for the expeditious and fair trial and adjudication of cases and, in particular, for the co-operation to be given to the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions by other Courts, inquiry officials, or other State agencies.
SECTION 333.- In addition to the provisions of this Constitution, the organic law on State audit shall at least contain the following matters as its substance:
(1) the powers and duties of the State Audit Commission, viz, the policy-making, the provision of advice and recommendations, the recommendation for the correction of defects and errors in the State audit, the prescription of standard rules for the State audit, the prescription of rules and procedure for disciplinary actions in budget and finance, the prescription of administrative penalties, the consideration and decision, in the capacity as the highest organ, of disciplinary liability as well as budget and financial liability and the selection of a person suitable to be the Auditor-General;
(2) the performance of duties of members of the State Audit Commission and the Auditor-General;
(3) the establishment of the Office of the State Audit Commission which has autonomy in its personnel administration, budget, work performance and other activities.
SECTION 334.- In the initial period, the following acts shall be accomplished within the time limit hereunder provided:
(1) the laws under section 68, section 199, section 200, section 248, section 270, section 275 and section 284 paragraphs two and paragraph three shall be enacted within two years as from the date of the promulgation of this Constitution;
(2) within two years as from the date of promulgation of this Constitution, there shall be enacted the law prescribing rules for the transfer of a judge of a Court of Justice who will be sixty years of age in any fiscal year to be a senior judge sitting in a Court of First Instance as from the day following the date of the end of such fiscal year in which he or she reaches the age of sixty until the end of the fiscal year in which such person becomes sixty five years of age. Any such senior judge who, upon the appraisal as provided by law, is still capable of performing duties shall continue to hold office until the end of the fiscal year in which such person becomes seventy years of age;
(3) the Administrative Courts under section 276 shall be established within two years as from the date of the promulgation of this Constitution;
(4) the local administrative committee or local administrators elected by direct suffrage or with the approval of the local assembly under section 285 paragraph three shall be caused to be in existence within two years as from the date of the promulgation of this Constitution, except for the case under section 335(7).
SECTION 335.- In the initial period, the following provisions shall not apply to the following cases:
(1) the provisions of section 29 paragraph two and paragraph three shall not apply to the law as in force on the date of the promulgation of this Constitution or already approved by the National Assembly before the date of the promulgation of this Constitution. If there is enactment of a new law on that matter or there is any amendment to such law, it shall comply with section 29; provided that this requirement shall also apply to rules or regulations issued by virtue of the provisions of the law mutatis mutandis;
(2) the provisions of section 40 shall not apply until the law implementing such provisions has been enacted, which shall not be later than three years as from the date of the promulgation of this Constitution; provided that such law shall not affect any licence, concession, or contract valid on the date such law comes into force until the expiration of such licence, concession, or contract;
(3) the provisions of section 43 paragraph one shall not apply until the implementation of such provisions has been carried out, which shall not be later than five years as from the date of the promulgation of this Constitution;
(4) the provisions of section 170 and section 209 shall not apply until the law implementing such provisions has been enacted, which shall not be later than two years as from the date of the promulgation of this Constitution;
(5) the provisions of section 236 and section 249 paragraph three and paragraph five shall not apply to a trial of the Courts of Justice and section 273 paragraph two shall not apply to the Judicial Commission under section 318; provided that action shall be taken in implementation of such provisions not later than five years as from the date of the promulgation of this Constitution;
(6) the provisions of section 237 shall not apply until the law has been amended in implementation of such provisions, which shall not be later than five years as from the date of the promulgation of this Constitution;
(7) the provisions of section 285 paragraph two and paragraph three shall not apply to members or the administrator of Tambon Administrative Organisation ex officio who hold office on the date of the promulgation of this Constitution until the expiration of the term of office of members elected by the Council of such Tambon Administrative Organisation;
(8) the provisions of section 288 paragraph two shall not apply to the composition of the Local Officials Committee until the law has been amended or enacted in implementation of such provisions, which shall not be later than two years as from the date of the promulgation of this Constitution.
SECTION 336.- When the period of five years as from the date of the promulgation of this Constitution has elapsed, the Election Commission, the Constitutional Court, or the National Counter Corruption Commission shall have the power to submit to the National Assembly or the Council of Ministers a report presenting opinions on the amendment of this Constitution or other laws.
Countersigned by:
Wanmuhamadnoor Matha
President of the National Assembly
Certified correct translation
Dr. Ackaratorn Chularat
Secretary-General of the Council of State
Office of the Council of State
Source:
Office of the Council of State
Published in the Government Gazette, Vol. 114, Part 55a, dated 11th October B.E. 2540 (1997)
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