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Constitution of the Kingdom of Thailand

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Constitution of the Kingdom of Thailand Translation CONSTITUTION OF THE KINGDOM OF THAILAND SOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADULYADEJ SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT Enacted on the 24th Day of August B.E. 2550; Being the 62nd Year of the Present Reign. May there be virtue. Today is the eleventh day of the waxing moon in the ninth month of the year of the Pig under the lunar calendar, being Friday, the twenty-forth day of August under the solar calendar, in the 2550th year of the Buddhist Era. Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that the President of the National Legislative Assembly has respectfully informed that the democratic regime of government with the King as Head of State in Thailand has undergone developments for more than seventy-five years, and throughout this period of time Constitutions have been promulgated, repealed and amended on several occasions as appropriate for the changing society and times, and whereas the Constitution of the Kingdom of Thailand (Interim), B.E. 2549 has provided for the establishment of a Constituent Assembly and Constitution Drafting Commission entrusted with the function of drafting a new Constitution in its entirety as a basis for the administration of the State whereby extensive public’s participation in expressing opinions has been provided at all stages and such opinions have been continually applied as special considerations in the drafting process and debates on motions. The key principles embedded in this newly prepared draft Constitution is to achieve the common goal of the Thai people in maintaining independence and national security, upholding the continued existence of all religions, revering the King as Head of State and as a national inspiration, upholding the democratic regime of government with the King as Head of State as a guiding principle for the administration of the State, the protection of people’s rights and liberties, providing for the people’s substantive roles and participation in the administration and scrutiny over the exercise of State powers, prescribing political mechanisms, whether the legislature or the executive, so as to secure balances and efficiencies pursuant to the traditions of the parliamentary model, as © 2007, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made so as to establish correct understanding about this Constitution to the foreigners 2 well as strengthening court institutions and other independent bodies to enable the fair and honest performance of duties. At the completion of drafting process, the Constituent Assembly disseminated the draft Constitution to the public for acknowledgement and held a referendum for public approval of the entire draft Constitution. The referendum result has shown that the majority of eligible voters voted in favour of the adoption of the new draft Constitution. The President of the National Legislative Assembly thereby presents the draft Constitution to the King for His Royal signature to promulgate it as the Constitution of the Kingdom of Thailand and is graciously pleased in so doing to comply with the public opinion. Be it, therefore, commanded by the King that the Constitution of the Kingdom of Thailand be promulgated to replace, as from the date of its promulgation, the Constitution of the Kingdom of Thailand (Interim), B.E. 2549 promulgated on 1st Day of October B.E. 2549. May the Thai people unite in observing, protecting and upholding the Constitution of the Kingdom of Thailand in order to maintain the democratic regime of government and the sovereign power derived from the Thai people, and to bring about happiness, prosperity and dignity to His Majesty's subjects throughout the Kingdom according to the will of His Majesty in every respect. CHAPTER I General Provisions Section 1. Thailand is one and indivisible Kingdom. Section 2. Thailand adopts a democratic regime of government with the King as Head of State. Section 3. Sovereign powers belong to the Thai people. The King as Head of State shall exercise such powers through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution. The performance of duties of the National Assembly, the Council of Ministers, the Courts, Constitutional organisations and State agencies shall be in accordance with rules of law. Section 4. Human dignity, rights, liberties and equality of the people shall be protected. © 2007, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made so as to establish correct understanding about this Constitution to the foreigners 3 Section 5. The Thai people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution. Section 6. The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable. Section 7. Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional conventions of the democratic regime of government with the King as Head of State. CHAPTER II The King Section 8. The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action. Section 9. The King is a Buddhist and Upholder of religions. Section 10. The King holds the position of Head of the Thai Armed Forces. Section 11. The King has the prerogative to create titles and confer decorations. Section 12. The King selects and appoints qualified persons to be the President of the Privy Council and not more than eighteen Privy Councilors to constitute the Privy Council. The Privy Council has the duty to render an advice to the King on all matters pertaining to His functions as He may consult, and has other duties as prescribed in this Constitution. Section 13. The selection and appointment or removal of a Privy Councilor shall be at the King's pleasure. The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council. The President of the Privy Council shall countersign the Royal Command appointing or removing other Privy Councilors. © 2007, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made so as to establish correct understanding about this Constitution to the foreigners 4 Section 14. A Privy Councilor shall not be a member of the House of Representatives, senator, Election Commissioner, Ombudsman, National Human Rights Commissioner, Constitutional Court judge, Administrative Court judge, National Counter Corruption Commissioner, State Audit Commissioner, government official holding a permanent position or receiving a salary, official of a State enterprise, other State official or member or official of a political party, and must not manifest loyalty to any political party. Section 15. Before taking office, a Privy Councilor 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 interests of the State and the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.” Section 16. A Privy Councilor vacates office upon death, resignation or removal by Royal Command. Section 17. The appointment and removal of officials of the Royal Household and of the Royal Chief Aide-de-Camp shall be at the King’s pleasure. Section 18. Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King may appoint a person as Regent. In this regard, the President of the National Assembly shall countersign the Royal Command therefor. Section 19. In the case where the King does not appoint a Regent under section 18, or the King is unable to appoint a Regent due to His not being sui juris or for any other reason whatsoever, the Privy Council shall nominate a person suitable to hold the office of the Regent to the National Assembly for approval. Upon approval of the National Assembly, the President of the National Assembly shall make an announcement, in the name of the King, to appoint such person as Regent. During the expiration of term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in giving an approval under paragraph one. Section 20. While there is no Regent under section 18 or section 19, the President of the Privy Council shall be Regent pro tempore. In the case where the Regent appointed under section 18 or section 19 is unable to perform his duties, the President of the Privy Council shall act as Regent pro tempore. © 2007, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made so as to establish correct understanding about this Constitution to the foreigners 5 While being Regent under paragraph one or acting as Regent under paragraph two, the President of the Privy Council shall not perform his duties as President of the Privy Council. In such case, the Privy Council shall elect a Privy Councilor to act as President of the Privy Council pro tempore.
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