|
| |
Section 147.
The Election Commission shall forthwith conduct an
investigation and inquiry for finding facts in any of the following cases;
(1) an objection by a voter, a candidate in an election or a political
party a member of which stood for the election in any of the constituencies has
been raised that the election in that constituency has proceeded inappropriately or
unlawfully;
(2) convincing evidence has appeared that any member of the
House of Representatives, senator, member of a local assembly or local
administrator, before being elected, had committed any dishonest act to enable
him or her to be elected, or has dishonestly been elected as a result of an act
committed by any person or political party in violation of the organic law on the
election of members of the House of Representatives and senators, the organic
law on political parties or the law on the election of members of local assemblies
and local administrators;
(3) convincing evidence has appeared that the voting in a
referendum did not proceed lawfully or an objection has been raised by a voter
that the voting in a referendum in any polling station proceeded inappropriately
or unlawfully;
Upon completion of actions under paragraph one, the Election
Commission shall pass a decision forthwith.
Section 148.
During the period in which a Royal Decree calling for
an election of members of the House of Representatives or senator or a
Notification calling for the voting in a referendum is effective, no Election
Commissioner shall be arrested, detained or summoned by a warrant for inquiry
except in the case where permission of the Election Commission is obtained or
where the arrest is made in flagrante delicto.
In the case where an Election Commissioner has been arrested in
flagrante delicto, or where an Election Commissioner is arrested or detained in
other cases, it shall be forthwith reported to the Chairman of the Election
Commission and the Chairman may order a release of the person so arrested.
Part 5
Provisions Applicable to both Houses
____________
Section 149.
Members of the House of Representatives and
senators are representatives of the Thai people, and shall honestly perform the
duties for the common interest of the Thai people.
Section 150. Before taking office, a member of the House of
Representatives and a senator shall make a solemn declaration at a sitting of the
House of which he or she is a member in the following words:
"I, (name of the declarer), do solemnly declare that I will perform
my duties in accordance with the honest dictates of my conscience for the
common interest of the Thai people. I will also uphold and observe the
Constitution of the Kingdom of Thailand in every respect."
Section 151.
The House of Representatives and the Senate shall
each have one President and one or two Vice-Presidents who are appointed by
the King from the members of such House in accordance with its resolution.
Section 152. The President and the Vice-Presidents of the House
of Representatives hold office until the expiration of the term or the dissolution
of the House.
The President and the Vice-Presidents of the Senate hold office
until the day preceding the date of the election the new President and Vice-
Presidents.
The President and the Vice-Presidents of the House of
Representatives and the President and the Vice-Presidents of the Senate vacate
office before the expiration of the term of office under paragraph one or
paragraph two, as the case may be, upon:
(1) loss of membership of the House of which he or she is a
member;
(2) resignation;
(3) holding a position of Prime Minister, Minister or other political
official;
(4) being sentenced by a judgment to imprisonment.
Section 153. The President of the House of Representatives and
the President of the Senate shall have the powers and duties to carry out the
business of each House in accordance with its rules of procedure. The Vice-
presidents have the powers and duties as entrusted by the President and act on
behalf of the President when the President is not present or unable to perform his
or her duties.
The President of the House of Representatives, the President of the
Senate and the persons who act on behalf of the President shall be impartial in
the performance of duties.
Section 154. When the President and the Vice-Presidents of the
House of Representatives or the President and the Vice-Presidents of the Senate
are not present at any sitting, the members of each House shall elect one among
themselves to preside over such sitting.
Section 155. At a sitting of the House of Representatives or the
Senate, the presence of not less than one-half of the total number of the existing
members of each House is required to constitute a quorum, except that in the
case of considering the agenda on interpellation under section 183 and section
184, the House of Representatives and the Senate may otherwise prescribe a
quorum in the rules of procedure.
Section 156. A resolution on any issue shall be made by a
majority of votes, unless it is otherwise provided in this Constitution.
In casting a vote, each member has one vote. In case of an equality
of votes, the presiding member shall have an additional vote as a casting vote.
The President of the National Assembly, the President of the
House of Representatives and the President of the Senate shall cause the voting
of each member to be recorded and disclose such record in a place where the
public entry for its inspection is possible, except for the case of the voting by
secret ballot.
The casting of votes to elect or give approval to a person for
holding office shall be secret, unless otherwise provided in this Constitution, and
members shall have autonomy and shall not be bound by resolutions of their
political parties or any other mandate.
Section 157.
At a sitting of the House of Representatives or the
Senate or at a joint sitting of the National Assembly, words expressed in giving
statements of fact or opinions or in casting the vote by any member are
absolutely privileged. No charge or action in any manner whatsoever shall be
brought against such member.
The privilege under paragraph one does not extend to a member
who expresses words at a sitting which is broadcast through radio or television if
such words appear out of the precinct of the National Assembly and the
expression of such words constitutes a criminal offence or a wrongful act against
any other person, who is not a Minister or member of that House.
In the case of paragraph two, if the words expressed by the member
cause damage to other person who is not a Minister or member of that House, the
President of that House shall cause explanations to be published as requested by
that person in accordance with procedure and within such period of time as
prescribed in the rules of the procedure of that House, without prejudice to the
person?s right to bring the case before the Court .
 |
Section 158.
The privilege provided in section 157 extends to
printers and publishers of the minutes of sittings in accordance with the rules of
procedure of the House of Representatives, the Senate or the National Assembly,
as the case may be, and to persons permitted by the presiding member to give
statements of fact or opinions at such sitting as well as to persons who broadcasts
the sitting through radio or television with the permission of the President of
such House mutatis mutandis.
Section 159. The National Assembly shall, within thirty days as
from the date of the election of members of the House of Representatives, be
summoned for the first sitting.
Each year, there shall be general ordinary session and a legislative
ordinary session.
The day on which the first sitting under paragraph one is held shall
be considered as the first day of the general ordinary session, and the first day of
the legislative ordinary session shall be fixed by the House of Representatives. In
the case where the first sitting under in paragraph one has less than one hundred
and fifty days up to the end of a calendar year, the legislative ordinary session
may be omitted in that year.
During the legislative ordinary session, the National Assembly
shall hold a sitting only in such cases as prescribed in Chapter 2 or in cases of the
consideration of bills or organic law bills, the approval of an Emergency Decree,
the approval of the declaration of war, the approval of a treaty, the election or
approval of a person for holding office, the removal of a person from office, the
interpellation and the amendment of the Constitution, unless the National
Assembly has passed a resolution, by the votes of more than one-half of the total
number of the existing members of both Houses, for considering other matters.
Section 160. An ordinary session of the National Assembly shall
last one hundred and twenty days but the King may prolong it.
An ordinary session may be prorogued before the end of one
hundred and twenty days only with the approval of the National Assembly.
Section 161. The King convokes the National Assembly, opens
and prorogues its session.
The King may be present to perform the opening ceremony of the
first general ordinary session under section 159 paragraph one or may command
the Heir to the Throne who is sui juris or any person to perform the ceremony as
His Representative.
Section 162.
When it is necessary for the interests of the State,
the King may convoke an extraordinary session of the National Assembly.
Section 163. Members of both Houses or members of the House
of Representatives of not less than one-third of the total number of the existing
members of both Houses have the right to present their petition to the King for
the issuance of a Royal Command convoking an extraordinary session of the
National Assembly.
The petition referred to in paragraph one shall be lodged with the
President of the National Assembly.
The President of the National Assembly shall present the petition
to the King and countersign the Royal Command.
Section 164. Subject to section 163, the convocation, the
prolongation of session and the prorogation of the National Assembly shall be
made by a Royal Decree.
Section 165.
No member of the House of Representatives or
senator shall, during a session, be arrested, detained or summoned by a warrant
for inquiry as the suspect in a criminal case unless permission of the House of
which he or she is a member is obtained or he or she is arrested in flagrante
delicto.
In the case where a member of the House of Representatives or a
senator has been arrested in flagrante delicto, it shall be forthwith reported to the
President of the House of which he or she is a member and such President may
order the release of the person so arrested.
Section 166. In the case where a criminal charge is brought
against a member of the House of Representatives or a senator, whether the
House is in session or not, the Court shall not try the case during a session,
unless permission of the House of which he or she is a member is obtained or it
is a case concerning the organic law on the election of members of the House of
Representatives and senators, the organic law on Election Commission or the
organic law on political parties; provided that the trial of the Court shall not
hinder such member from attending the sitting of the House.
The trial and adjudication of the Court conducted before it is
invoked that the accused is a member of either House are valid.
Section 167. If a member of the House of Representatives or a
senator is detained during the inquiry or trial before the beginning of a session,
when the session begins, the inquiry official or the Court, as the case may be,
must order his or her release as soon as the President of the House of which he or
she is a member has so requested.
The order of release under paragraph one shall be effective as from
the date of such order until the last day of the session.
Section 168. During the expiration of the term or the dissolution
of the House of Representatives, the Senate shall not hold its sitting except in the
following cases:
(1) a sitting at which the Senate shall act as the National Assembly
under section 19, section 21, section 22, section 23 and section 223, and the
votes taken shall be based on the number of senators;
(2) a sitting at which the Senator shall elect, appoint, recommend
or give approval to a person for holding any office under section 138, section
143, section 196, section 199, section 257, section 261, section 274(3),
section 277, section 278, section 279(3), section 297, section 302 and section 312;
(3) a sitting at which the Senate shall consider and pass a resolution
removing a person from office.
Section 169. Subject to section 170, a bill or an organic law bill
may be introduced only by members of the House of Representatives or the
Council of Ministers, but a money bill may be introduced by members of the
House of Representatives only with the endorsement of the Prime Minister.
A member of the House of Representatives may introduce a bill or
an organic law bill only if the political party of which he or she is a member has
passed a resolution approving the introduction thereof and the bill is endorsed by
not less than twenty members of the House of Representatives .
A money bill means a bill with provisions dealing with any of the
following matters:
(1) the imposition, repeal, reduction, alteration, modification,
remission, or regulation of taxes or duties;
(2) the allocation, receipt, custody, payment of the State funds, or
transfer of expenditure estimates of the State;
(3) the raising of loans, or guarantee or redemption of loans;
(4) currency.
In case of doubt as to whether a bill or an organic law bill is a
money bill which requires the endorsement of the Prime Minister or not, it shall
be the power of a joint sitting of the President of the House of Representatives
and Presidents of all its standing committees to make a decision thereon.
The President of the House of Representatives shall hold a joint
sitting to consider the case under paragraph four within fifteen days as from the
date such case occurs.
The resolution of the joint sitting under paragraph four shall be
decided by a majority of votes. In case of an equality of votes, the President of
the House of Representatives shall have an additional vote as a casting vote.
|
Section 170. The persons having the right to vote of not less than
fifty thousand in number shall have a right to submit a petition to the President of
the National Assembly to consider such law as prescribed in Chapter 3 and
Chapter 5 of this Constitution.
A bill must be attached to the petition referred to in paragraph one.
The rules and procedure for the petition and the examination
thereof shall be in accordance with the provisions of the law.
Section 171. For any bill or any organic law bill introduced by
members of the House of Representatives which, at the stage of the adoption of
its principle, was not a money bill but was then amended by the House of
Representatives and, in the opinion of the President of the House, such
amendment has rendered it to exhibit the characteristic of a money bill, the
President of the House shall suspend the consideration of such bill and, within
fifteen days as from the day on which such case occurs, shall refer it to a joint
sitting of the President of the House of Representatives and Presidents of all its
standing committees to make a decision thereon. If the joint sitting decides that
the amendment resulted in such bill or organic law bill exhibiting the
characteristic of a money bill, the President of the House shall refer it to the
Prime Minister for endorsement. In the case where the Prime Minister does not
endorse it, the House of Representative shall amend it so as to prevent it from
being a money bill.
Section 172. A bill or an organic law bill shall be first submitted
to the House of Representatives.
Section 173. When a bill which has been specified by the
Council of Ministers, in its policies stated to the National Assembly under
section 211, as necessary for the administration of the State affairs or when any
organic law bill is not approved by a resolution of the House of Representatives
and the votes disapproving it are less than one-half of the total number of the
existing members of the House, the Council of Ministers may request the
National Assembly to hold a joint sitting for passing a resolution on another
occasion. If it is approved, the National Assembly shall appoint the persons,
being or not being its members, in such an equal number as proposed by the
Council of Ministers, to constitute a joint committee of the National Assembly
for considering such bill or organic law bill, and the joint committee of the
National Assembly shall prepare a report thereon and submit the bill or organic
law bill which it has already considered to the National Assembly. If such bill or
organic law bill is approved by the National Assembly, further proceedings
under section 93 shall be taken. If it is not approved, such bill or organic law bill
shall lapse.
Section 174. Subject to section 180, when the House of
Representatives has considered a bill or an organic law bill submitted under
section 172 and resolved to approve it, the House of Representatives shall
submit such bill or organic law bill to the Senate. The Senate must finish the
consideration of such bill or organic law bill within sixty days; but if it is a
money bill, the consideration thereof must be finished within thirty days;
provided that the Senate may, as a special case, resolve to extend the period for
not more than thirty days. The said period shall mean the period during a session
and shall be counted as from the day on which such bill or organic law bill
reaches the Senate.
The period referred to in paragraph one shall not include the period
during which the bill or the organic law bill is under the consideration of the
Constitutional Court under section 177.
If the Senate has not finished the consideration of the bill or the
organic law bill within the period referred to in paragraph one, it shall be deemed
that the Senate has approved it.
In the case where the House of Representatives submits a money
bill to the Senate, the President of the House of Representatives shall also advise
the Senate that the bill or the organic law bill so submitted is a money bill. The
advice of the President of the House of Representatives shall be deemed final.
In the case where the President of the House of Representatives
does not advise the Senate that the bill or the organic law bill is a money bill,
such bill shall not be deemed a money bill.
Section 175. Subject to section 180, after the Senate has finished
the consideration of a bill or an organic law bill,
(1) if it agrees with the House of Representatives, further
proceedings under section 93 shall be taken;
(2) if it disagrees with the House of Representatives, such bill or
organic law bill shall be withheld and returned to the House of Representatives;
(3) if there is an amendment, the amended bill or the amended organic law bill
shall be returned to the House of Representatives. If the House of
Representatives approves such amendment, further proceedings under section 93
shall be taken. In other cases, each House shall appoint persons, being or not
being its members, in such an equal number as may be fixed by the House of
Representatives, to constitute a joint committee for considering the bill or the
organic law bill and the joint committee shall prepare a report thereon and submit
the bill or the organic law bill which it has already considered to both Houses.
If both Houses approve the bill or the organic law bill already considered by the
joint committee, further proceedings under section 93 shall be taken. If either
House disapproves it, the bill or the organic law bill shall be withheld.
The joint committee has the power to demand documents from any
person or summon any person to give statements of fact or opinions in respect of
the consideration of the bill or the organic law bill and the privileges provided in
section 157 and section 158 shall also extend to the person performing his or her
duties under this section.
At a meeting of the joint committee, the presence of the members
of the joint committee appointed by both Houses of not less than one-half of the
total number of its members is required to constitute a quorum and the provisions
of section 194 shall apply mutatis mutandis.
Section 176. A bill or an organic law bill withheld under section
175 may be reconsidered by the House of Representatives only after the lapse of
one hundred and eighty days as from the date the bill or the organic law bill is
returned to the House of Representatives by the Senate in case of withholding
under section 175(2) and as from the date either House disapproves it in case of
withholding under section 175(3). In such cases, if the House of Representatives
resolves to reaffirm the original bill or the bill considered by the joint committee
by the votes of more than one-half of the total number of the existing members
of the House of Representatives, such bill or organic law bill shall be deemed to
have been approved by the National Assembly and further proceedings under
section 93 shall be taken.
If the bill or the organic law bill withheld is a money bill,
the House of Representatives may forthwith proceed to reconsider it. In such case, if
the House of Representatives resolves to reaffirm the original bill or the bill
considered by the joint committee by the votes of more than one-half of the total
number of the existing members of the House of Representatives, such bill or
organic law bill shall be deemed to have been approved by the National
Assembly and further proceedings under section 93 shall be taken.
|
Section 177. While a bill or an organic law bill is being withheld
under section 175, the Council of Ministers or members of the House of
Representatives may not introduce a bill or an organic law bill having the same
or similar principle as that of the bill or the organic law bill so withheld.
In the case where the House of Representatives or the Senate is of
the opinion that the bill or the organic law bill so introduced or referred to for
consideration has the same or similar principle as that of the bill or the organic
law bill being withheld, the President of the House of Representatives or the
President of the Senate shall refer the said bill or organic law bill to the
Constitutional Court for decision. If the Constitutional Court decides that it is a
bill or an organic law bill having the same or similar principle as that of the bill
or the organic law bill so withheld, such bill or organic law bill shall lapse.
Section 178. In the case where the term of the House of
Representatives expires or the House of Representatives is dissolved, the draft
Constitution Amendment, or all bills or organic law bills to which the King has
refused His assent or which have not been returned by the King within ninety
days, shall lapse.
In the case where the term of the House of Representatives expires
or where the House of Representatives is dissolved, the National Assembly, the
House of Representatives or the Senate, as the case may be, may, after a general
election of members of the House of Representatives, continue the consideration
of the draft Constitution Amendment, the bill or the organic law bill which has
not yet been approved by the National Assembly if the Council of Ministers
which is newly appointed after the general election so requests within sixty days
as from the first sitting day of the National Assembly after the general election
and the National Assembly approves it. If the Council of Ministers does not so
request within such period of time, such draft Constitution Amendment, bill or
organic law bill shall lapse. The further consideration of the draft Constitution Amendment,
the
bill or the organic law bill under paragraph two shall be in accordance with the rules
of procedure of the National Assembly.
Section 179. The expenditure estimates of the State shall be
made in the form of an Act. If the Annual Appropriations Act for the following
fiscal year is not enacted in time, the law on annual appropriations for the
preceding fiscal year shall apply for the time being.
Section 180.
The House of Representatives must finish the
consideration of an annual appropriations bill, a supplementary appropriations
bill and a transfer of appropriations bill within one hundred and five days as from
the date the bill reaches the House of Representatives.
If the House of Representatives has not finished the consideration
of the bill within the period referred to in paragraph one, such bill shall be
deemed to have been approved by the House of Representatives and shall be
submitted to the Senate.
In the consideration by the Senate, the Senate must approve or
disapprove it without any amendment within twenty days as from the date the bill
reaches the Senate. Upon the lapse of such period, such bill shall be deemed to
have been approved; in such case and in the case where the Senate approves it,
further proceedings under section 93 shall be taken.
If the Senate disapproves the bill, the provisions of section 176
paragraph two shall apply mutatis mutandis.
In the consideration of the annual appropriations bill, the
supplementary appropriations bill and the transfer of appropriations bill, a
member of the House of Representatives shall not submit a motion adding any
item or amount to the bill, but may submit a motion reducing or abridging the
expenditures which are not expenditures according to any of the following
obligations:
(1) money for payment of the principal of a loan;
(2) interest on a loan;
(3) money payable in accordance with the law.
In the consideration by the House of Representatives or a
committee, any proposal, submission of a motion or commission of an act, which
results in direct or indirect involvement by members of the House of
Representatives, senators or members of a committee in the use of the
appropriations, shall not be permitted.
In the case where members of the House of Representatives or
senators of not less than one-tenth of the total number of the existing members of
each House are of the opinion that the violation of the provisions of paragraph
six has occurred, they shall refer it to the Constitutional Court for decision and
the Constitutional Court shall decide it within seven days as from the date of its
receipt. In the case where the Constitutional Court decides that the violation of
the provisions of paragraph six has occurred, such proposal, submission of the
motion, or commission of the act shall be ineffective.
Section 181.
The payment of State funds shall be made only
when it has been authorised by the law on appropriations, the law on budgetary
procedure, the law on transfer of appropriations or the law on treasury balance,
except that it may be prepaid in the case of urgent necessity under the rules and
procedure provided by the law. In such case, the expenditure estimates for
reimbursement must be set aside in the Transfer of Appropriations Act, the
Supplementary Appropriations Act, or the Annual Appropriations Act for the
following fiscal year, or except it is the case under section 230 paragraph two.
Section 182. The House of Representatives and the Senate are,
by virtue of this Constitution, vested with the power to control the administration
of the State affairs.
Section 183. Every member of the House of Representatives or
senator has the right to interpellate a Minister on any matter within the scope of
his or her authority, but the Minister has the right to refuse to answer it if the
Council of Ministers is of the opinion that the matter should not yet be disclosed
on the ground of safety or vital interest of the State.
Section 184.
In the administration of the State affairs on any
matter which involves an important problem of public concern, affects national
or public interest, or requires urgency, a member of the House of Representatives
may notify the President of the House of Representatives in writing prior to the
commencement of the sitting of the day, that they will interpellate the Prime
Minister or the Minister responsible for the administration of the State affairs on
that matter without specifying the question, and the President of the House of
Representatives shall place such matter on the agenda of the meeting of that day.
The interpellation and the answer to the interpellation under
paragraph one may be made once a week, and a verbal interpellation by a
member of the House of Representatives on a matter involving the
administration of the State affairs may be made not exceeding three times on
each matter in accordance with the rules of procedure of the House of
Representatives.
|
Section 185. Members of the House of Representatives of not
less than two-fifths of the total number of the existing members of the House
have the right to submit a motion for a general debate for the purpose of passing
a vote of no-confidence in the Prime Minister. Such motion must nominate the
suitable next Prime Minister who is also a person under section 201 paragraph
two and, when the motion has been submitted, the dissolution of the House of
Representatives shall not be permitted, except that the motion is withdrawn or
the resolution is passed without being supported by the vote in accordance with
paragraph three.
In the submission of the motion for a general debate under
paragraph one, if it is concerned with the behaviour of the Prime Minister, which
involves circumstances of unusual wealthiness, exhibits a sign of malfeasance in
office or intentionally violates the provisions of the Constitution or law, it shall
not be submitted without the petition under section 304 having been presented.
Upon the submission of the petition under section 304, it may be proceeded with
without awaiting the outcome of the proceedings under section 305.
If the general debate is concluded with a resolution not to pass over
the agenda of the general debate, the House of Representatives shall pass a vote
of confidence or no-confidence. Voting in such case shall not take place on the
date of the conclusion of the debate. The vote of no-confidence must be passed
by more than one-half of the total number of the existing members of the House
of Representatives.
In the case where a vote of no-confidence is passed by not more
than one-half of the total number of the existing members of the House of
Representatives, the members of the House of Representatives who submit the
motion for the general debate shall no longer have the right to submit another
motion for a general debate for the purpose of passing a vote of no-confidence in
the Prime Ministers throughout the session.
In the case where a vote of no-confidence is passed by more than
one-half of the total number of the existing members of the House of
Representatives, the President of the House of Representatives shall submit the
name of the person nominated under paragraph one to the King for further
appointment and section 202 shall not apply.
Section 186. Members of the House of Representatives of not
less than one-fifth of the total number of the existing members of the House of
Representatives have the right to submit a motion for a general debate for the
purpose of passing a vote of no-confidence in an individual Minister.
The provisions of section 185 paragraph two, paragraph three and
paragraph four shall apply mutatis mutandis.
Section 187. Senators of not less than three-fifths of the total
number of the existing members of the Senate have the right to submit a motion
for a general debate in the Senate for the purpose of requesting the Council of
Ministers to give statements of fact or explain important problems in connection
with the administration of the State affairs without a resolution to be passed.
The motion for the general debate under this section may be
submitted only once in each session.
Section 188.
A sitting of the House of Representatives and of the
Senate and a joint sitting of the National Assembly are public under the
conditions stipulated in the rules of procedure of each House. A sitting in
camera shall be held at the request of the Council of Ministers or members of not
less than one-fourth of the total number of the existing members of each House
or of both Houses, as the case may be.
Section 189. The House of Representatives and the Senate have
the power to select and appoint members of each house to constitute a standing
committee and have the power to select and appoint persons, being or not being
its members, to constitute an ad hoc committee in order to perform any act,
inquire into or study any matter within the powers and duties of the House and
report its findings to the House. The resolution appointing such ad hoc
committee must specify the activity or the matter concerned clearly and without
repetition or duplication.
The committees under paragraph one have the power to demand
documents from any person or summon any person to give statements of fact or
opinions on the act or the matter under its inquiry or study.
In the case where the person under paragraph two is a Government
official, official or employee of State agency, State enterprise or local
government organisation, the Chairman of the committee shall notify the
Minister who supervises and controls the agency to which such person is
attached in order to instruct him or her to act as prescribed in paragraph two,
except that, in the case of the safety or benefit of importance to the State, it shall
be deemed as a ground of an exemption to the compliance with paragraph two.
The privileges provided in section 157 and section 158 shall also
extend to the persons performing their duties under this section.
The number of members of a standing committee appointed solely
from members of the House of Representatives shall be in proportion to or in
close proportion to the number of members of the House of Representatives of
each political party or group of political parties in the House of Representatives.
In the absence of the rules of procedure of the House of
Representatives under section 191, the President of the House of Representatives
shall determine the proportion under paragraph five.
Section 190. In considering a bill the substance of which is
decided by the President of the House of Representatives to be concerned with
children, women, the elderly, the disabled or handicapped, if the House of
Representatives does not consider it by its full committee, the House of
Representatives shall appoint an ad hoc committee consisting of representatives,
from private organisations concerned with the respective types of persons, of not
less than one-third of the total number of members of the committee.
Section 191.
The House of Representatives and the Senate have
the power to make the rules of procedure governing the election and performance
of duties of the President, Vice-Presidents, matters or activities which are within
the powers and duties of each standing committee, performance and quorum of
committees, sittings, submission and consideration of bills and organic law bills,
submission of motions, consultation, debate, passing of a resolution, recording
and disclosure of the passing of a resolution, interpellation, general debate,
observation of the rules and orders, codes of ethics of members and committee
members, and other matters for the execution of this Constitution.
Section 192.
The fundamental substance of the organic laws on
various matters as prescribed in the Transitory Provisions shall necessarily be
contained in the organic law on such matter in accordance with this Constitution.
|
Part 6
Joint Sittings of the National Assembly
____________
Section 193.
The National Assembly shall hold a joint sitting in
the following cases:
(1) the approval of the appointment of the Regent under section
19;
(2) the making of a solemn declaration by the Regent before the
National Assembly under section 21;
(3) the acknowledgment of an amendment of the Palace Law on
Succession, B.E. 2467 under section 22;
(4) the acknowledgment or approval of the succession to the
Throne under section 23;
(5) the reconsideration of a bill or an organic law bill under
section 94;
(6) the passing of a resolution for the consideration by the
National Assembly of other matters during a legislative ordinary session under
section 159;
(7) the approval of the prorogation of a session under section 160;
(8) the opening of the session of the National Assembly under
section 161;
(9) the approval of the further consideration of a bill or an organic
law bill under section 173;
(10) the approval of the further consideration of a Constitution
Amendment, a bill or an organic law bill under section 178 paragraph two;
(11) the making of the rules of procedure of the National Assembly
under section 194;
(12) the announcement of policies under section 211;
(13) the holding of a general debate under section 213;
(14) the approval of the declaration of war under section 223;
(15) the approval of a treaty under section 224;
(16) the amendment of the Constitution under section 313;
Section 194.
At a joint sitting of the National Assembly, the
rules of procedure of the National Assembly shall apply. While the rules of
procedure of the National Assembly has not yet been issued, the rules of
procedure of the House of Representatives shall apply mutatis mutandis.
Section 195.
The provisions applicable to both Houses shall
apply mutatis mutandis to the joint sitting of the National Assembly, except that,
for the appointment of a committee, the number of committee members
appointed from the members of each House must be in proportion to or in close
proportion to the number of members of each House.
Part 7
Ombudsmen
____________
Section 196.
The Ombudsmen shall not be more than three in
number, who shall be appointed, by the King with the advice of the Senate, from
the persons recognised and respected by the public, with knowledge and
experience in the administration of the State affairs, enterprises or activities of
common interest of the public and with apparent integrity.
The President of the Senate shall countersign the Royal Command
appointing the Ombudsmen.
The qualifications, prohibitions, selection and election of the
Ombudsmen shall be in accordance with the organic law on Ombudsmen.
The Ombudsmen shall hold office for a term of six years as from
the date of their appointment by the King and shall serve for only one term.
Section 197. The Ombudsmen have the powers and duties as
follows:
(1) to consider and inquire into the complaint for fact-findings in
the following cases:
(a) failure to perform in compliance with the law or
performance beyond powers and duties as provided by the law of a Government
official, an official or employee of a State agency, State enterprise or local
government organisation;
(b) performance of or omission to perform duties of a
Government official, an official or employee of a State agency, State enterprise
or local government organisation, which unjustly causes injuries to the
complainant or the public whether such act is lawful or not;
(c) other cases as provided by law;
(2) to prepare reports and submit opinions and suggestions to the
National Assembly.
Section 198. In the case where the Ombudsman is of the opinion
that the provisions of the law, rules, regulations or any act of any person under
section 197(1) begs the question of the constitutionality, the Ombudsman shall
submit the case and the opinion to the Constitutional Court or Administrative
Court for decision in accordance with the procedure of the Constitutional Court
or the law on the procedure of the Administrative Court, as the case may be.
The Constitutional Court or Administrative Court, as the case may
be, shall decide the case submitted by the Ombudsman under paragraph one without delay.
|
Part 8
The National Human Rights Commission
____________
Section 199.
The National Human Rights Commission consists
of a President and ten other members appointed, by the King with the advice of
the Senate, from the persons having apparent knowledge and experiences in the
protection of rights and liberties of the people, having regard also to the
participation of representatives from private organisations in the field of human
rights.
The President of the Senate shall countersign the Royal Command
appointing the President and members of the National Human Rights
Commission.
The qualifications, prohibitions, selection, election, removal and
determination of the remuneration of members of the National Human Rights
Commission shall be as provided by law.
The members of the National Human Rights Commission shall
hold office for a term of six years as from the date of their appointment by the
King and shall serve for only one term.
Section 200. The National Human Rights have the powers and
duties as follows:
(1) to examine and report the commission or omission of acts
which violate human rights or which do not comply with obligations under
international treaties to which Thailand is a party, and propose appropriate
remedial measures to the person or agency committing or omitting such acts for
taking action. In the case where it appears that no action has been taken as
proposed, the Commission shall report to the National Assembly for further
proceeding;
(2) to propose to the National Assembly and the Council of
Ministers policies and recommendations with regard to the revision of laws, rules
or regulations for the purpose of promoting and protecting human rights;
(3) to promote education, researches and the dissemination of
knowledge on human rights;
(4) to promote co-operation and co-ordination among Government
agencies, private organisations, and other organisations in the field of human
rights;
(5) to prepare an annual report for the appraisal of situations in the
sphere of human rights in the country and submit it to the National Assembly;
(6) other powers and duties as provided by law.
In the performance of duties, the National Human Rights
Commission shall also have regard to the interests of the country and the public.
The National Human Rights Commission has the power to demand
relevant documents or evidence from any person or summon any person to give
statements of fact including other powers for the purpose of performing its duties
as provided by law.
CHAPTER VII
The Council of Ministers
____________
Section 201. The King appoints the Prime Minister and not more
than thirty-five other Ministers to constitute the Council of Ministers having the
duties to carry out the administration of the State affairs.
The Prime Minister must be appointed from members of the House
of Representatives or persons who have been members of the House of
Representatives whose membership has terminated under section 118 (7) during
the term of the same House.
The President of the House of Representatives shall countersign
the Royal Command appointing the Prime Minister.
Section 202. The House of Representatives shall complete its
consideration and approval of the person suitable to be appointed as Prime
Minister within thirty days as from the day the National Assembly is convoked
for the first sitting under section 159.
The nomination of a person who is suitable to be appointed as
Prime Minister under paragraph one shall be endorsed by members of the House
of Representatives of not less than one-fifth of the total number of the existing
members of the House.
The resolution of the House of Representatives approving the
appointment of a person as Prime Minister shall be passed by the votes of more
than one-half of the total number of the existing members of the House of
Representatives. The passing of the resolution in such case shall be by open votes.
Section 203. In the case where the period of thirty days as from
the date the National Assembly is convoked for the first sitting of its members
has elapsed and no one has been approved for appointment as Prime Minister
under section 202 paragraph three, the President of the House of Representatives
shall, within fifteen days as from the lapse of such period, present to the King for
the issuance of a Royal Command appointing the person who has received the
highest votes as Prime Minister.
Section 204. No Prime Minister and Ministers shall be members
of the House of Representatives or senators simultaneously.
A member of the House of Representatives who has been
appointed as Prime Minister or Minister shall vacate office on the day following
the date on which thirty days have elapsed as from the date of the
issuance of the appointing Royal Command.
Section 205.
Before taking office, a Minister must make a solemn
declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal
to the King and will faithfully perform my duties in the interests of the country
and of the people. I will also uphold and observe the Constitution of the
Kingdom of Thailand in every respect."
Section 206.
A Minister must possess the qualifications and must
not be under any of the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being not less than thirty five years of age;
(3) having graduated with not lower than a Bachelor's degree or its
equivalent;
(4) not being under any of the prohibitions under section 109 (1),
(2), (3), (4), (6), (7), (12), (13) or (14);
(5) having been discharged for a period of less than five years
before the appointment after being sentenced by a judgment to imprisonment for
a term of two years or more, except for an offence committed through
negligence;
(6) not being a senator or having been a senator whose membership
has terminated for not more than one year up to the date of the appointment as
Minister except for the termination of membership under section 133 (1).
|
