|
| |
Translation*
CONSTITUTION OF THE KINGDOM OF THAILAND **
SOMDET PHRA PARAMINTHARAMAHA
BHUMIBOL ADULYADEJ
SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT
Enacted on the 11th Day of October B.E. 2540;
Being the 52nd Year of the Present Reign.
May there be virtue. Today is the tenth day of the waxing moon in
the eleventh month of the year of the Ox under the lunar calendar, being
Saturday, the eleventh day of October under the solar calendar, in the 2540th year
of the Buddhist Era.
Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej
Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat
Borommanatthabophit is graciously pleased to proclaim that whereas
Constitutions have been promulgated as the principle of the democratic regime
of government with the King as Head of the State in Thailand for more than
sixty-five years, and there had been annulment and amendment to the
Constitutions on several occasions, it is manifest that the Constitution is
changeable depending upon the situation in the country. In addition, the
Constitution must clearly lay down fundamental rules as the principle of the
administration of the State and the guideline for the preparation of the organic
laws and other laws in conformity therewith; and whereas the Constitution of the
Kingdom of Thailand, B.E. 2534 as amended by the Constitution Amendment
(No. 6), B.E. 2539 established the Constituent Assembly, consisting of ninety-
nine members elected by the National Assembly, charged with the duty to
prepare a draft of a new Constitution as the fundamental of political reform
and His Majesty the King graciously granted an audience to members of the
Constituent Assembly for taking His Royal speeches and receiving blessings in
carrying out this task, and, thereafter, the Constituent Assembly prepared the
draft Constitution with the essential substance lying in additionally promoting
and protecting rights and liberties of the people, providing for public
participation in the governance and inspecting the exercise of State power as
well as improving a political structure to achieve more efficiency and stability,
having particular regard to public opinions and observing procedures provided
in the Constitution of the Kingdom of Thailand, B.E. 2534 as amended by the
Constitution Amendment (No. 6), B.E. 2539 (1996) in every respect;
Having carefully considered the Draft Constitution prepared by the
Constituent Assembly in the light of the situation of the country, the National
Assembly passed a resolution approving the presentation of the draft
Constitution to the King for His Royal signature to promulgate it as the
Constitution of the Kingdom of Thailand;
Having thoroughly examined the draft Constitution, the King
deemed it expedient to grant His Royal assent in accordance with the resolution
of the National Assembly;
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, B.E. 2534
promulgated on 9th December B.E. 2534.
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.
_______________________
* Translation by the Office of the Council of State
** Published in the Government Gazette, Vol. 114, Part 55a,dated 11th October B.E.
2540(1997)
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 the State.
Section 3. The sovereign power belongs to the Thai people.
The King as Head of the State shall exercise such power through the National
Assembly, the Council of Ministers and the Courts in accordance with the
provisions of this Constitution.
Section 4. The human dignity, right and liberty of the people
shall be protected.
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
practice in the democratic regime of government with the King as Head of the
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 Councillors
to constitute the Privy Council.
The Privy Council has a duty to render such advice to the King on
all matters pertaining to His functions as He may consult, and has other duties as
provided in this Constitution.
Section 13.
The selection and appointment or the removal of a
Privy Councillor shall depend entirely upon 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 Councillors.
Section 14. A Privy Councillor shall not be a member of
the House of Representatives, senator, Election Commissioner,
Ombudsman, member of the National Human Rights Commission, judge of the Constitutional
Court, judge of an Administrative Court, member of the National Counter
Corruption Commission, member of the State Audit Council, Government
official holding a permanent position or receiving a salary, official of a State
enterprise, other State official or holder of other position of member or official of
a political party, and must not manifest loyalty to any political party.
Section 15. Before taking office, a Privy Councillor 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 country and of the people. I will also uphold and observe the Constitution of
the Kingdom of Thailand in every respect."
Section 16. A Privy Councillor vacates office upon death,
resignation or removal by a Royal Command.
Section 17. The appointment and removal of officials of the
Royal Household and of the Royal Chief Aide-de-Camp shall depend entirely
upon 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 will appoint
a person Regent, and 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 owing to His not
being sui juris or any other reason whatsoever, the Privy Council shall submit
the name of a person suitable to hold the office of Regent to the National
Assembly for approval. Upon approval by the National Assembly, the President
of National Assembly shall make an announcement, in the name of the King, to
appoint such person as Regent.
During the expiration the 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 or her duties, the President of the Privy Council shall
act as Regent pro tempore.
While being Regent under paragraph one or acting as Regent under
paragraph two, the President of the Privy Council shall not perform his or her
duties as President of the Privy Council. In such case, the Privy Council shall
select a Privy Councillor to act as President of the Privy Council pro tempore.
Section 21. Before taking office, the Regent appointed under
section 18 or section 19 shall make a solemn declaration before the National
Assembly in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal
to His Majesty the King (name of 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."
During the expiration of the term of the House of Representatives
or the dissolution thereof, the Senate shall act as the National Assembly under
this section.
Section 22. Subject to section 23, the succession to the Throne
shall be in accordance with the Palace Law on Succession, B.E. 2467.
The Amendment of the Palace Law on Succession, B.E. 2467 shall
be the prerogative of the King. At the initiative of the King, the Privy Council
shall draft the Palace Law Amendment and shall present it to the King for his
consideration. When the King has already approved the draft Palace Law
Amendment and put His signature thereon, the President of the Privy Council
shall notify the President of the National Assembly for informing the National
Assembly. The President of the National Assembly shall countersign the Royal
Command, and the Palace Law Amendment shall have the force of law upon its
publication in the Government Gazette.
During the expiration of the term of the House of Representatives
or the dissolution thereof, the Senate shall act as the National Assembly in
acknowledging the matter under paragraph two.
Section 23. In the case where the Throne becomes vacant and the
King has already appointed His Heir to the Throne under the Palace Law on
Succession, B.E. 2467, the Council of Ministers shall notify the President of the
National Assembly. The President of the National Assembly shall convoke the
National Assembly for the acknowledgement thereof, and the President of the
National Assembly shall invite such Heir to ascend the Throne and proclaim
such Heir King.
In the case where the Throne becomes vacant and the King has not
appointed His Heir under paragraph one, the Privy Council shall submit the name
of the Successor to the Throne under section 22 to the Council of Ministers for
further submission to the National Assembly for approval. For this purpose, the
name of a Princess may be submitted. Upon the approval of the National
Assembly, the President of the National Assembly shall invite such Successor to
ascend the Throne and proclaim such Successor King.
During the expiration of the term of the House of Representatives
or the dissolution thereof, the Senate shall act as the National Assembly in
acknowledging the matter under paragraph one or in giving an approval under
paragraph two.
Section 24. Pending the proclamation of the name of the Heir or
the Successor to the Throne under section 23, the President of the Privy Council
shall be Regent pro tempore. In the case where the Throne becomes vacant
while the Regent has been appointed under section 18 or section 19 or while the
President of the Privy Council is acting as Regent under section 20 paragraph
one, such Regent, as the case may be, shall continue to be the Regent until the
proclamation of the name of the Heir or the Successor to ascend the Throne as
King.
In the case where the Regent who has been appointed and
continues to be the Regent under paragraph one is unable to perform his or her
duties, the President of the Privy council shall act as Regent pro tempore.
In the case where the President of the Privy Council is the Regent
under paragraph one or acts as Regent pro tempore under paragraph two, the
provisions of section 20 paragraph three shall apply.
Section 25. In the case where the Privy Council will have to
perform its duties under section 19 or section 23 paragraph two, or the President
of the Privy Council will have to perform his or her duties under section 20
paragraph one or paragraph two or section 24 paragraph two, and during that
time there is no President of the Privy Council or the President of the Privy
Council is unable to perform his or her duties, the remaining Privy Councillors
shall elect one among themselves to act as President of the Privy Council or to
perform the duties under section 20 paragraph one or paragraph two or section
24 paragraph three, as the case may be.
CHAPTER III
Rights and Liberties of the Thai People
____________
Section 26. In exercising powers of all State authorities, regard
shall be had to human dignity, rights and liberties in accordance with the
provisions of this Constitution.
Section 27. Rights and liberties recognised by this Constitution
expressly, by implication or by decisions of the Constitutional Court shall be
protected and directly binding on the National Assembly, the Council of
Ministers, Courts and other State organs in enacting, applying and interpreting
laws.
Section 28. A person can invoke human dignity or exercise his or
her rights and liberties in so far as it is not in violation of rights and liberties of
other persons or contrary to this Constitution or good morals.
A person whose rights and liberties recognised by this Constitution
are violated can invoke the provisions of this Constitution to bring a lawsuit or to
defend himself or herself in the court.
Section 29. The restriction of such rights and liberties as
recognised by the Constitution shall not be imposed on a person except by virtue
of provisions of the law specifically enacted for the purpose determined by this
Constitution and only to the extent of necessity and provided that it shall not
affect the essential substances of such rights and liberties.
The law under paragraph one shall be of general application and
shall not be intended to apply to any particular case or person; provided that the
provision of the Constitution authorising its enactment shall also be mentioned
therein.
The provisions of paragraph one and paragraph two shall apply
mutatis mutandis to rules or regulations issued by virtue of the provisions of the
law.
Section 30. All persons are equal before the law and shall enjoy
equal protection under the law. Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of the
difference in origin, race, language, sex, age, physical or health condition,
personal status, economic or social standing, religious belief, education or
constitutionally political view, shall not be permitted.
Measures determined by the State in order to eliminate obstacle to
or to promote persons' ability to exercise their rights and liberties as other
persons shall not be deemed as unjust discrimination under paragraph three.
Section 31.
A person shall enjoy the right and liberty in his or her
life and person.
A torture, brutal act, or punishment by a cruel or inhumane means
shall not be permitted; provided, however, that punishment by death penalty as
provided by law shall not be deemed the punishment by a cruel or inhumane
means under this paragraph.
No arrest, detention or search of person or act affecting the right
and liberty under paragraph one shall not be made except by virtue of the law.
Section 32.
No person shall be inflicted with a criminal
punishment unless he or she has committed an act which the law in force at the
time of commission provides to be an offence and imposes a punishment
therefor, and the punishment to be inflicted on such person shall not be heavier
than that provided by the law in force at the time of the commission of the
offence.
Section 33. The suspect or the accused in a criminal case shall be
presumed innocent.
Before the passing of a final judgement convicting a person of
having committed an offence, such person shall not be treated as a convict.
Section 34. A person�s family rights, dignity, reputation or the
right of privacy shall be protected.
The assertion or circulation of a statement or picture in any manner
whatsoever to the public, which violates or affects a person's family rights,
dignity, reputation or the right of privacy, shall not be made except for the case
which is beneficial to the public.
Section 35. A person shall enjoy the liberty of dwelling.
A person is protected for his or her peaceful habitation in and for
possession of his or her dwelling place. The entry into a dwelling place without
consent of its possessor or the search thereof shall not be made except by virtue
of the law.
Section 36. A person shall enjoy the liberty of travelling and the
liberty of making the choice of his or her residence within the Kingdom.
The restriction on such liberties under paragraph one shall not be
imposed except by virtue of the law specifically enacted for maintaining the
security of the State, public order, public welfare, town and country planing or
welfare of the youth.
No person of Thai nationality shall be deported or prohibited from
entering the Kingdom.
Section 37. A person shall enjoy the liberty of communication by
lawful means.
The censorship, detention or disclosure of communication between
persons including any other act disclosing a statement in the communication
between persons shall not be made except by virtue of the provisions of the law
specifically enacted for security of the State or maintaining public order or good
morals.
Section 38. A person shall enjoy full liberty to profess a religion,
a religious sect or creed, and observe religious precepts or exercise a form of
worship in accordance with his or her belief; provided that it is not contrary to
his or her civic duties, public order or good morals.
In exercising the liberty referred to in paragraph one, a person is
protected from any act of the State, which is derogatory to his or her rights or
detrimental to his or her due benefits on the grounds of professing a religion, a
religious sect or creed or observing religious precepts or exercising a form of
worship in accordance with his or her different belief from that of others.
Section 39. A person shall enjoy the liberty to express his or her
opinion, make speeches, write, print, publicise, and make expression by other
means.
The restriction on liberty under paragraph one shall not be imposed
except by virtue of the provisions of the law specifically enacted for the purpose
of maintaining the security of the State, safeguarding the rights, liberties, dignity,
reputation, family or privacy rights of other person, maintaining public order
or good morals or preventing the deterioration of the mind or health of the
public.
The closure of a pressing house or a radio or television station in
deprivation of the liberty under this section shall not be made.
The censorship by a competent official of news or articles before
their publication in a newspaper, printed matter or radio or television
broadcasting shall not be made except during the time when the country is in a
state of war or armed conflict; provided that it must be made by virtue of the law
enacted under the provisions of paragraph two.
The owner of a newspaper or other mass media business shall be a
Thai national as provided by law.
No grant of money or other properties shall be made by the State as
subsidies to private newspapers or other mass media.
Section 40.
Transmission frequencies for radio or television
broadcasting and radio telecommunication are national communication
resources for public interest.
There shall be an independent regulatory body having the duty to
distribute the frequencies under paragraph one and supervise radio or television
broadcasting and telecommunication businesses as provided by law.
In carrying out the act under paragraph two, regard shall be had to
utmost public benefit at national and local levels in education, culture, State
security, and other public interests including fair and free competition.
Section 41. Officials or employees in a private sector
undertaking newspaper or radio or television broadcasting businesses shall enjoy
their liberties to present news and express their opinions under the constitutional
restrictions without the mandate of any State agency, State enterprise or the
owner of such businesses; provided that it is not contrary to their professional
ethics.
Government officials, officials or employees of a State agency or
State enterprise engaging in the radio or television broadcasting business enjoy
the same liberties as those enjoyed by officials or employees under paragraph
one.
Section 42. A person shall enjoy an academic freedom.
Education, training, learning, teaching, researching and
disseminating such research according to academic principles shall be protected;
provided that it is not contrary to his or her civic duties or good morals.
Section 43. A person shall enjoy an equal right to receive the
fundamental education for the duration of not less than twelve years which shall
be provided by the State thoroughly, up to the quality, and without charge.
In providing education by the State, regard shall be had to
participation of local government organisations and the private sector as
provided by law.
The provision of education by professional organisations and the
private sector under the supervision of the State shall be protected as provided by
law.
Section 44. A person shall enjoy the liberty to assemble
peacefully and without arms.
The restriction on such liberty under paragraph one shall not be
imposed except by virtue of the law specifically enacted for the case of public
assembling and for securing public convenience in the use of public places or for
maintaining public order during the time when the country is in a state of war, or
when a state of emergency or martial law is declared.
Section 45. A person shall enjoy the liberty to unite and form an
association, a union, league, co-operative, farmer group, private organisation or
any other group.
The restriction on such liberty under paragraph one shall not be
imposed except by virtue of the law specifically enacted for protecting the
common interest of the public, maintaining public order or good morals or
preventing economic monopoly.
Section 46. Persons so assembling as to be a traditional
community shall have the right to conserve or restore their customs, local
knowledge, arts or good culture of their community and of the nation and
participate in the management, maintenance, preservation and exploitation of
natural resources and the environment in a balanced fashion and persistently as
provided by law.
Section 47. A person shall enjoy the liberty to unite and form a
political party for the purpose of making political will of the people and carrying
out political activities in fulfilment of such will through the democratic regime
of government with the King as Head of the State as provided in this
Constitution.
The internal organisation, management and regulations of a
political party shall be consistent with fundamental principles of the democratic
regime of government with the King as Head of the State.
Members of the House of Representatives who are members of a
political party, members of the Executive Committee of a political party, or
members of a political party, of not less than the number prescribed by the
organic law on political parties shall, if of the opinion that their political party's
resolution or regulation on any matter is contrary to the status and performance
of duties of a member of the House of Representatives under this Constitution or
contrary to or inconsistent with fundamental principles of the democratic regime
of government with the King as Head of the State, have the right to refer it to the
Constitutional Court for decision thereon.
In the case where the Constitutional Court decides that such
resolution or regulation is contrary to or inconsistent with fundamental principles
of the democratic regime of government with the King as Head of the State, such
resolution or regulation shall lapse.
Section 48. The property right of a person is protected. The extent
and the restriction of such right shall be in accordance with the provisions of the
law.
The succession is protected. The right of succession of a person
shall be in accordance with the provisions of the law.
Section 49. The expropriation of immovable property shall not be
made except by virtue of the law specifically enacted for the purpose of public
utilities, necessary national defence, exploitation of national resources, town and
country planning, promotion and preservation of the quality of the environment,
agricultural or industrial development, land reform, or other public interests, and
fair compensation shall be paid in due time to the owner thereof as well as to all
persons having the rights thereto, who suffer loss by such expropriation, as
provided by law.
The amount of compensation under paragraph one shall be fairly
assessed with due regard to the normal purchase price, mode of acquisition,
nature and situation of the immovable property, and loss of the person whose
property or right thereto is expropriated.
The law on expropriation of immovable property shall specify the
purpose of the expropriation and shall clearly determine the period of time to
fulfil that purpose. If the immovable property is not used to fulfil such purpose
within such period of time, it shall be returned to the original owner or his or her
heir.
The return of immovable property to the original owner or his
or her heir under paragraph three and the claim of compensation paid shall be in
accordance with the provisions of the law.
Section 50. A person shall enjoy the liberties to engage in an
enterprise or an occupation and to undertake a fair and free competition.
The restriction on such liberties under paragraph one shall not be
imposed except by virtue of the law specifically enacted for maintaining the
security and safety of the State or economy of the country, protecting the public
in regard to public utilities, maintaining public order and good morals,
regulating the engagement in an occupation, consumer protection, town and
country planning, preserving natural resources or the environment, public
welfare, preventing monopoly, or eliminating unfair competition.
Section 51. Forced labour shall not be imposed except by virtue
of the law specifically enacted for the purpose of averting imminent public
calamity or by virtue of the law which provides for its imposition during the time
when the country is in a state of war or armed conflict, or when a state of
emergency or martial law is declared.
Section 52. A person shall enjoy an equal right to receive
standard public health service, and the indigent shall have the right to receive
free medical treatment from public health centres of the State, as provided by
law.
The public health service by the State shall be provided thoroughly
and efficiently and, for this purpose, participation by local government
organisations and the private sector shall also be promoted insofar as it is
possible .
The State shall prevent and eradicate harmful contagious diseases
for the public without charge, as provided by law.
Section 53.
Children, youth and family members shall have the
right to be protected by the State against violence and unfair treatment.
Children and youth with no guardian shall have the right to receive
care and education from the State, as provided by law.
Section 54. A person who is over sixty years of age and has
insufficient income shall have the right to receive aids from the State, as
provided by law.
Section 55.
The disabled or handicapped shall have the right to
receive public conveniences and other aids from the State, as provided by law.
Section 56. The right of a person to give to the State and
communities participation in the preservation and exploitation of natural
resources and biological diversity and in the protection, promotion and
preservation of the quality of the environment for usual and consistent survival in
the environment which is not hazardous to his or her health and sanitary c
ondition, welfare or quality of life, shall be protected, as provided by law.
Any project or activity which may seriously affect the quality of
the environment shall not be permitted, unless its impacts on the quality of the
environment have been studied and evaluated and opinions of an independent
organisation, consisting of representatives from private environmental
organisations and from higher education institutions providing studies in the
environmental field, have been obtained prior to the operation of such project or
activity, as provided by law.
The right of a person to sue a State agency, State enterprise, local
government organisation or other State authority to perform the duties as
provided by law under paragraph one and paragraph two shall be protected.
Section 57.
The right of a person as a consumer shall be
protected as provided by law.
The law under paragraph one shall provide for an independent
organisation consisting of representatives of consumers for giving opinions on
the enactment and issuance of law, rules and regulations and on the
determination of various measures for consumer protection.
Section 58. A person shall have the right to get access to public
information in possession of a State agency, State enterprise or local government
organisation, unless the disclosure of such information shall affect the security of
the State, public safety or interests of other persons which shall be protected as
provided by law.
Section 59. A person shall have the right to receive information,
explanation and reason from a State agency, State enterprise or local government
organisation before permission is given for the operation of any project or
activity which may affect the quality of the environment, health and sanitary
conditions, the quality of life or any other material interest concerning him or her
or a local community and shall have the right to express his or her opinions on
such matters in accordance with the public hearing procedure, as provided by
law.
Section 60.
A person shall have the right to participate in the
decision-making process of State officials in the performance of administrative
functions which affect or may affect his or her rights and liberties, as provided by law.
Section 61. A person shall have the right to present a petition and
to be informed of the result of its consideration within the appropriate time, as
provided by law.
Section 62. The right of a person to sue a State agency, State
enterprise, local government organisation or other State authority which is a
juristic person to be liable for an act or omission done by its Government
official, official or employee shall be protected, as provided by law.
Section 63. No person shall exercise the rights and liberties
prescribed in the Constitution to overthrow the democratic regime of government
with the King as Head of the State under this Constitution or to acquire the
power to rule the country by any means which is not in accordance with the
modes provided in this Constitution.
In the case where a person or a political party has committed the
act under paragraph one, the person knowing of such act shall have the right to
request the Prosecutor General to investigate its facts and submit a motion to the
Constitutional Court for ordering cessation of such act without, however,
prejudice to the institution of a criminal action against such person.
In the case where the Constitutional Court makes a decision
compelling the political party to cease to commit the act under paragraph two,
the Constitutional Court may order the dissolution of such political party.
Section 64.
Members of the armed forces or the police force,
Government officials, officials or employees of State agencies, State enterprises
or local government organisations shall enjoy the same rights and liberties under
the Constitution as those enjoyed by other persons, unless such enjoyment is
restricted by law, by-law or regulation issued by virtue of the law specifically
enacted in regard to politics, efficiency, disciplines or ethics.
Section 65. A person shall have the right to resist peacefully any
act committed for the acquisition of the power to rule the country by a means
which is not in accordance with the modes provided in this Constitution.
CHAPTER IV
Duties of the Thai People
____________
Section 66.
Every person shall have a duty to uphold the Nation,
religions, the King and the democratic regime of government with the King as
Head of the State under this Constitution.
Section 67. Every person shall have a duty to obey the law.
Section 68. Every person shall have a duty to exercise his or her
right to vote at an election.
The person who fails to attend an election for voting without
notifying the appropriate cause of such failure shall lose his or her right to vote
as provided by law.
The notification of the cause of failure to attend an election and the
provision of facilities for attendance thereat shall be in accordance with the
provisions of the law.
Section 69.
Every person shall have a duty to defend the country,
serve in armed forces, pay taxes and duties, render assistance to the official
service, receive education and training, protect and pass on to conserve and the
national arts and culture and local knowledge and conserve natural resources and
the environment, as provided by law.
Section 70. A Government official, official or employee of a
State agency, State enterprise or local government organisation and other State
official shall have a duty to act in compliance with the law in order to protect
public interests, and provide convenience and services to the public.
In performing the duty and other acts relating to the public, the
persons under paragraph one shall be politically impartial.
In the case where the persons under paragraph one neglect or fail
to perform the duties under paragraph one or paragraph two, the interested
person shall have the right to request the persons under paragraph one or their
superiors to explain reasons and request them to act in compliance with the
provisions of paragraph one or paragraph two.
CHAPTER V
Directive Principles of Fundamental State Policies
____________
Section 71. The State shall protect and uphold the institution of
kingship and the independence and integrity of its territories.
Section 72. The State shall arrange for the maintenance of the
armed forces for the protection and upholding of its independence, security of
the State, institution of kingship, national interests and the democratic regime of
government with the King as Head of the State, and for national development.
Section 73. The State shall patronise and protect Buddhism and
other religions, promote good understanding and harmony among followers of
all religions as well as encourage the application of religious principles to create
virtue and develop the quality of life.
Section 74. The State shall promote friendly relations with other
countries and adopt the principle of non-discrimination.
Section 75. The State shall ensure the compliance with the law,
protect the rights and liberties of a person, provide efficient administration of
justice and serve justice to the people expediently and equally and organise an
efficient system of public administration and other State affairs to meet people's
demand.
The State shall allocate adequate budgets for the independent
administration of the Election Commission, the Ombudsmen, the National
Human Rights Commission, the Constitutional Court, the Courts of Justice, the
Administrative Courts, the National Counter Corruption Commission and the
State Audit Commission. readiness
Section 76. The State shall promote and encourage public
participation in laying down policies, making decision on political issues,
preparing economic, social and political development plans, and inspecting the
exercise of State power at all levels.
Section 77. The State shall prepare a political development plan,
moral and ethical standard of holders of political positions, Government
officials, officials and other employees of the State in order to prevent corruption
and create efficiency of the performance of duties.
Section 78. The State shall decentralise powers to localities for
the purpose of independence and self-determination of local affairs, develop
local economics, public utilities and facilities systems and information
infrastructure in the locality thoroughly and equally throughout the country as
well as develop into a large-sized local government organisation a province
ready for such purpose, having regard to the will of the people in that province.
Section 79. The State shall promote and encourage public
participation in the preservation, maintenance and balanced exploitation of
natural resources and biological diversity and in the promotion, maintenance and
protection of the quality of the environment in accordance with the persistent
development principle as well as the control and elimination of pollution
affecting public health, sanitary conditions, welfare and quality of life.
Section 80. The State shall protect and develop children and the
youth, promote the equality between women and men, and create, reinforce and
develop family integrity and the strength of communities.
The State shall provide aids to the elderly, the indigent, the
disabled or handicapped and the underprivileged for their good quality of life and
ability to depend on themselves.
Section 81.
The State shall provide and promote the private
sector to provide education to achieve knowledge alongside morality, provide
law relating to national education, improve education in harmony with economic
and social change, create and strengthen knowledge and instil right awareness
with regard to politics and a democratic regime of government with the King as
Head of the State, support researches in various sciences, accelerate the
development of science and technology for national development, develop the
teaching profession, and promote local knowledge and national arts and culture.
Section 82. The State shall thoroughly provide and promote
standard and efficient public health service.
Section 83.
The State shall implement fair distribution of
incomes.
Section 84.
The State shall organise the appropriate system of the
holding and use of land, provide sufficient water resources for farmers and
protect the interests of farmers in the production and marketing of agricultural
products to achieve maximum benefits, and promote the assembling of farmers
with a view to laying down agricultural plans and protecting their mutual
interests.
Section 85.
The State shall promote, encourage and protect the
co-operatives system.
Section 86. The State shall promote people of working age to
obtain employment, protect labour, especially child and woman labour, and
provide for the system of labour relations , social security and fair wages.
Section 87. The State shall encourage a free economic system
through market force, ensure and supervise fair competition, protect consumers,
and prevent direct and indirect monopolies, repeal and refrain from enacting laws
and regulations controlling businesses which do not correspond with the
economic necessity, and shall not engage in an enterprise in competition with the
private sector unless it is necessary for the purpose of maintaining the security of
the State, preserving the common interest, or providing public utilities.
Section 88. The provisions of this Chapter are intended to serve
as directive principles for legislating and determining policies for the
administration of the State affairs.
In stating its policies to the National Assembly under section 211,
the Council of Ministers which will assume the administration of the State affairs
shall clearly state to the National Assembly the activities intended to be carried
out for the administration of the State affairs in implementation of the directive
principles of fundamental State policies provided in this Chapter and shall
prepare and submit to the National Assembly an annual report on the result of the
implementation, including problems and obstacles encountered.
Section 89. For the purpose of the implementation of this
Chapter, the State shall establish the National Economic and Social Council to
be charged with the duty to give advice and recommendations to the Council of
Ministers on economic and social problems.
A national economic and social development plan and other plans
as provided by law shall obtain opinions of the National Economic and Social
Council before they can be adopted and published.
The composition, source, powers and duties and the operation of
the National Economic and Social Council shall be in accordance with the
provision of law.
|
