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Section 318. In the initial period, the Judicial Commission under
the law on judicial service shall be the Judicial Commission of the Courts of
Justice under this Constitution until the Judicial Commission of the Courts of
Justice under section 274 is constituted. The election of members of the Judicial
Commission shall be in accordance with the law on judicial service.
All necessary acts for the implementation of section 274 of this
Constitution shall be carried out within three years as from the date of the
promulgation of this Constitution.
Section 319. In the initial period, the Senate shall elect the
Election Commissioners under section 136 within thirty days as from the date of
the promulgation of this Constitution; provided that the period of time prescribed
under section 138 shall not apply.
In the initial period in which there is no the President of the
Supreme Administrative Court, the Selective Committee for Election
Commissioners shall have nine members consisting of Rectors of all State higher
education institutions which are juristic persons, being elected among themselves
to be five in number, representatives of all political parties having a member who
is a member of the House of Representatives; provided that each party shall have
one representative and all such representatives shall elect among themselves to
be four in number.
While the organic law on the Election Commission has not yet
been promulgated, the Election Commission shall lay down necessary
regulations for the performance of its duties under this Constitution. Such
regulations shall be submitted to the Constitutional Court for consideration of
their constitutionality before their publication in the Government Gazette and
shall be in force until the organic law on the Election Commission comes into
force.
Section 320. In the initial period, the Constitutional Council
under the Constitution of the Kingdom of Thailand, B.E. 2534 as last amended
by the Constitution Amendment (No. 6), B.E. 2539 shall be the Constitutional
Court under this Constitution until the Constitutional Court under paragraph two
has been established.
In the initial period, there shall be an election of judges of the C
onstitutional Court under section 255 and section 257 within forty five days as
from the date of the promulgation of this Constitution.
While there is no the Supreme Administrative Court, section
255(2) shall not apply and the Constitutional Court shall consist of the President
of the Constitutional Court and twelve judges of the Constitutional Court
appointed by the King from persons under section 255(1), (3) and (4).
Section 321. The Commission of Counter Corruption and the
Office of the Commission of Counter Corruption under the law on counter
corruption shall be the National Counter Corruption Commission and the Office
of the National Counter Corruption Commission under this Constitution, as the
case may be, until the National Counter Corruption Commission has been
appointed or the Office of the National Counter Corruption Commission has
been established in accordance with the provisions of this Constitution, which
shall be done within two years as from the date of the promulgation of this
Constitution.
For the purpose of implementing this Constitution, the National
Counter Corruption Commission under paragraph one shall prescribe necessary
regulations for the performance of its duties under this Constitution. Such
regulations shall be submitted to the Constitutional Court for consideration of
their constitutionality before their publication in the Government Gazette and
shall be in force until the organic law on counter corruption comes into force.
In the initial period, while there is no the President of the Supreme
Administrative Court, the Selective Committee for members the National
Counter Corruption Commission under section 297 paragraph three shall have
fourteen members consisting the President of the Supreme Court of Justice, the
President of the Constitutional Court, Rectors of all State higher education
institutions which are juristic persons, being elected among themselves to be
seven in number, and representatives of all political parties having a member
who is a member of the House of Representatives; provided that each party shall
have one representative and all such representatives shall elect among
themselves to be five in number.
Section 322. In the initial period, Election Commissioners,
Ombudsmen, members of the National Human Rights Commission, judges of the
Constitutional Court, members of the National Counter Corruption Commission
and members of the State Audit Commission, who are elected by the resolution
of the Senate under section 315 paragraph three, shall hold office for half a
period of the term designated for such office. For the purpose of the first
election of such persons by the Senate elected under this Constitution, the
provisions allowing the holding of such office for only one term shall not apply
Before the election of senators under this Constitution, the removal
of persons from office under this Constitution shall be made by a resolution of a
joint sitting of the House of Representatives and the Senate under section 315,
and section 109(14), section 118(10), section 133(8), section 141(5), section
168(3), section 216(8), section 260(6), section 299, section 303, section 304 and
section 307 shall apply mutatis mutandis.
Section 323. Within two hundred and forty days as from the date
of the promulgation of this Constitution, the National Assembly shall complete
the consideration and approval of the organic law bill on the election of members
of the House of Representatives and senators, the organic law bill on the Election
Commission, and the organic law bill on political parties; provided that the
House of Representatives shall not be dissolved during such period.
The act under paragraph one shall be proceeded as follows:
(1) the House of Representatives shall complete the consideration
of the organic law bills under paragraph one within one hundred and twenty days
as from the date of the promulgation of this Constitution. In the case where such
period of time has expired but the consideration of all the organic law bills under
paragraph one has not yet been completed, membership of members of the House
of Representatives shall terminate en masse and there shall not be a general
election under this Constitution until all the organic law bills under paragraph
one have been approved, or unless it is the case under section 324. In such cases,
the Senate shall act as the National Assembly and shall complete the introduction
and consideration of such organic law bills within ninety days as from the day
following the expiration of the period of one hundred and twenty days after the
date of the promulgation of this Constitution;
(2) in the case where the House of Representatives has considered
all the organic law bills under paragraph one within the time prescribed under
(1), the Senate shall complete the consideration of such bills within ninety days
as from the date of receiving them;
(3) in the case where the Senate is unable to complete the
consideration of all the organic law bills under paragraph one within the time
prescribed under (1) or (2), membership of all senators shall terminate en masse.
Any organic law bill which has been approved by the House of Representatives
shall be deemed to have been approved by the National Assembly, and section 93
and section 94 shall apply to such bill mutatis mutandis.
When the organic law bill has been, or is deemed to have been,
approved by the National Assembly under this section, the Prime Minister shall
proceed in accordance with section 93 forthwith, and the time prescribed in
section 93 shall not apply.
The provisions of section 169 in so far as it concerns a money bill
shall not apply to the introduction and consideration of the organic law bills
under paragraph one by members of the House of Representatives or the senators
under paragraph (1) and (2).
Section 168 shall not apply to the proceeding under this section.
Section 324. An election of members of the House of
Representatives shall be held upon any of the following circumstances:
(1) in the case where all organic law bills have been approved by
the National Assembly within the time prescribed in section 323 paragraph one,
or by the House of Representatives or the Senate acting as the National
Assembly under section 323 within the time prescribed in the section 323, the
Election Commission under section 319 shall hold an election under this
Constitution within sixty days as from the date of the expiration of term or the
dissolution of the House of Representatives, or when the circumstance under
section 323 occurs;
(2) in the case where the House of Representatives and the Senate
are unable to complete the consideration and approval of the organic law bills
under section 323 paragraph one within the prescribed time, an election of
members of the House of Representatives under this Constitution shall be held
within ninety days as from the date of the expiration of the time under section
323 paragraph one. The law on the election of members of the House of
Representatives as in force on the date of the promulgation of this Constitution
shall apply to the election in so far as it is not contrary to or inconsistent with this
Constitution and, for this purpose, the Chairman of the Election Commission
established under section 319 shall have charge and control of the execution of
such law, and in the case where the Election Commission is of the opinion that
any provision of the law on the election of members of the House of
Representatives is contrary to or inconsistent with this Constitution, the Election
Commission shall have the power to prescribe necessary regulations in
substitution of that provision in order to enable the election to proceed in an
honest and fair manner. Such regulations and the opinion that such provision of
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law is contrary to or inconsistent with this Constitution shall be submitted to the
Constitutional Court for consideration of their constitutionality before their
publication in the Government Gazette.
When the election of members of the House of Representatives
and senators have been held under this Constitution but the organic laws under
section 323 paragraph one have not yet been all enacted, the House of
Representatives and the Senate shall consider the approval of the bills not yet
enacted under section 323; provided that the time limit shall commence as from
the date of the general election of members of the House of Representatives and
the provisions of (2) and section 315 paragraph five (2) shall apply mutatis mutandis.
Section 325. The period of time under section 107(4) shall not
apply to the first general election of members of the House of Representatives
after the promulgation of this Constitution.
Section 326. In addition to the provisions of this Constitution, the
organic law on the election of members of the House of Representatives and
senators shall at least contain the following matters as its substance:
(1) the declaration of the reason for inability to be present to vote
and the provision of facilities for the election;
(2) the permission of persons having the right to vote under section
105 paragraph two to cast ballot;
(3) the preparation of name-list of candidates in an election on a
party-list basis, inspection, and deletion from candidacy of repeated names of
candidates and the publicity of names of candidates listed;
(4) the prescription of the form of ballot-papers, in which space
shall be provided for an entry of a mark indicating the intention to cast a ballot
for no candidate, and the publicity of the number of persons intending to cast
ballot for no candidate;
(5) the support of an election of members of the House of
Representatives and the introduction of candidates in an election of senators by
the State including the procedure under which the introduction of candidates in
an election of senators can be made by the candidates themselves or by other
persons;
(6) the limitation of electoral expenditure by a candidate, the
appointment of a treasurer by a candidate, the inspection of electoral expenditure
and the declaration of the result of the inspection;
(7) the counting of votes and the announcement of the result of the
vote-counting in an election of members of the House of Representatives in each
constituency, which must be done openly in only one place unless otherwise
provided by the Election Commission due to the necessity in a particular locality;
(8) the counting of votes and the announcement of the result of the
vote-counting in an election of senators;
(9) the announcement of the name of the elected person from the
candidates in an election on a party-list basis and the elevation of the person
whose name is listed in the next order to replace the elected person who vacates
office.
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Section 327. In addition to the provisions of this Constitution, the
organic law on the Election Commission shall at least contain the following
matters as its substance:
(1) powers and duties of the Election Commission;
(2) the activities to be carried out by the Election Commission,
which shall at least include the division of constituencies, the procurement of
rolls of voters and the re-counting of votes;
(3) the provision of education to the people on the democratic
regime of government with the King as Head of the State;
(4) the investigation, inquiry and decision process of the Election Commission;
(5) the bringing of a lawsuit before the Court by the Election
Commission in respect of offences relating to an election or political parties;
(6) the co-operation to be given to the Election Commission by
Courts, public prosecutors, inquiry officials, or other State agencies;
(7) the acknowledgement and appointment of representatives of
private organisations for the purpose of the supervision of an election;
(8) the establishment of an independent secretariat to carry
out activities in connection with personnel administration, budget and other
activities, with the Chairman of the Election Commission as the highest superior;
(9) the commencement of the time at which the Election
Commission may control, hold or cause to be held, an election of a local
assembly or local administrators, which shall not be later than ten years as from
the date of the promulgation of this Constitution.
Section 328. In addition to the provisions of this Constitution, the
organic law on political parties shall at least contain the following matters as its
substance:
(1) the formation of a political party, which shall be carried out by
at least not less than fifteen persons, and the entry of the formation of a political
party in the Register of Political Parties;
(2) the dissolution of a political party; provided that failure of a
political party to send candidates to stand for election or to have a member who
has been elected in an election shall not be invoked as a ground for the
dissolution;
(3) the conduct of activities of a political party and the preparation
of report on the operation of a political party;
(4) the support to be given by the State in the formation and the
development of branches of a political party;
(5) financial support or other benefits to be given by the State to a
political party, the limitation of expenditure of a political party in an election,
and the control of the donation to a political party;
(6) the examination of a financial status of a political party
including the examination and the disclosure of income sources and expenditure
of a political party;
(7) the preparation of an account indicating revenues and expenses
of a political party and an account indicating assets and liabilities of a political
party, which must disclose its income sources and annual expenditure in every
calendar year, for submission to the Election Commission for examination and
publication.
Section 329. Within two years as from the date of the
promulgation of this Constitution, the following organic laws shall be enacted:
(1) the organic law on Ombudsmen;
(2) the organic law on counter corruption;
(3) the organic law on criminal procedure for persons holding
political positions;
(4) the organic law on the State audit;
(5) the organic law on referendum.
Section 330. In addition to the provisions of this Constitution, the
organic law on Ombudsmen shall at least contain the following matters as its
substance:
(1) the performance of duties of the Ombudsman;
(2) the co-operation to be given to the Ombudsmen by Courts,
public prosecutors, inquiry officials, or other State agencies;
(3) qualifications of and procedure for the appointment of the
Secretary-General of the Office of the Ombudsmen;
(4) powers and duties of the Office of the Ombudsmen.
Section 331. In addition to the provisions of this Constitution, the
organic law on counter corruption shall at least contain the following matters as
its substance:
(1) the description of characters of unusual wealthiness and acts
amounting to corruption;
(2) the prohibition of the commission of an act representing a
conflict between personal interests and public interests for which holders of
political positions or other State officials must be accountable both during the
currency of office and after the vacation of office;
(3) positions and classes of judges or public prosecutors, and
positions and ranks of Government officials, officials and holders of other
positions in respect of which a declaration of assets and liabilities is required or from
which removal may be made under this Constitution;
(4) the provision for the declaration by holders of political
positions and other State officials of assets and liabilities together with the
supporting documents, rules for the consideration and inspection of such assets
and liabilities every certain period of time, and rules for the disclosure of the
account of assets and liabilities;
(5) the procedure for making an accusation that a holder of a
political position or State official has been unusually wealthy, corrupted, or
committed malfeasance in office or malfeasance in judicial office or an act
indicative of such circumstances; provided that the circumstances, evidence or
clues shall reasonably be stated;
(6) the procedure for the investigation of facts and preparation of a
file in the case where a holder of a political position is accused, having regard to
the status of the position by virtue of which a high degree of favour-or-disfavour
powers can be exercised and to reasonable protection of the person accused;
(7) the procedure of the Senate for the removal of persons from
office, which shall be open except where it is necessary for the protection of
important public interests or where a resolution shall be made by secret ballot;
(8) the procedure for investigating and giving decision in the case
where a State official has been unusually wealthy, committed corruption or
malfeasance in office or malfeasance in judicial office; provided that the
procedure to be prescribed shall be suitable to the rank of the position and
reasonable protection of the accused person;
(9) the institution of a criminal action against other State official
not holding a political position in a Court having competent jurisdiction to try
and decide criminal cases;
(10) the co-operation to be given to the National Counter
Corruption Commission by Courts, inquiry officials or Government agencies;
(11) the proceeding under section 305 paragraph five for the
initiation of an action including the power to bring the accused person to trial;
(12) rules and procedure for compensation for assets in the case
where such assets have been transferred or removed;
(13) penalties to be inflicted on the President or a member of the
National Counter Corruption Commission in the case of the commission of an
unjust act, corruption, malfeasance in office, which must not be less than twice
heavier penalties than those provided in the law prescribing such offences.
Section 332. In addition to the provisions of this Constitution, an
organic law on criminal procedure for persons holding political positions shall at
least contain the following matters as its substance:
(1) competence of the Supreme Court of Justice?s Criminal
Division for Persons Holding Political Positions;
(2) criminal procedure for holders of political positions, which
shall be founded upon the inquisitorial system as to which the file-brief prepared
by the National Counter Corruption Commission shall principally be relied on
and the principles of equal hearing and right of defence of the accused persons
shall be observed;
(3) open trials except where it is necessary for the protection of
important public interests;
(4) the prohibition of repetitious or duplicate institution of actions
for the same offence;
(5) the appointment of a person to institute prosecution under
section 305;
(6) execution of orders or judgements of the Supreme Court of
Justice?s Criminal Division for Persons Holding Political Positions;
(7) other matters necessary for the expeditious and fair trial and
adjudication of cases and, in particular, for the co-operation to be given to the
Supreme Court of Justice?s Criminal Division for Persons Holding Political
Positions by other Courts, inquiry officials, or other State agencies.
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Section 333. In addition to the provisions of this Constitution, the
organic law on State audit shall at least contain the following matters as its
substance:
(1) the powers and duties of the State Audit Commission, viz, the
policy-making, the provision of advice and recommendations, the
recommendation for the correction of defects and errors in the State audit, the
prescription of standard rules for the State audit, the prescription of rules and
procedure for disciplinary actions in budget and finance, the prescription of
administrative penalties, the consideration and decision, in the capacity as the
highest organ, of disciplinary liability as well as budget and financial liability
and the selection of a person suitable to be the Auditor-General;
(2) the performance of duties of members of the State Audit
Commission and the Auditor-General;
(3) the establishment of the Office of the State Audit Commission
which has autonomy in its personnel administration, budget, work performance
and other activities.
Section 334. In the initial period, the following acts shall be
accomplished within the time limit hereunder provided:
(1) the laws under section 68, section 199, section 200, section
248, section 270, section 275 and section 284 paragraphs two and paragraph
three shall be enacted within two years as from the date of the promulgation of
this Constitution;
(2) within two years as from the date of promulgation of this
Constitution, there shall be enacted the law prescribing rules for the transfer of a
judge of a Court of Justice who will be sixty years of age in any fiscal year to be
a senior judge sitting in a Court of First Instance as from the day following the
date of the end of such fiscal year in which he or she reaches the age of sixty
until the end of the fiscal year in which such person becomes sixty five years of
age. Any such senior judge who, upon the appraisal as provided by law, is still
capable of performing duties shall continue to hold office until the end of the
fiscal year in which such person becomes seventy years of age;
(3) the Administrative Courts under section 276 shall be
established within two years as from the date of the promulgation of this
Constitution;
(4) the local administrative committee or local administrators
elected by direct suffrage or with the approval of the local assembly under
section 285 paragraph three shall be caused to be in existence within two years as
from the date of the promulgation of this Constitution, except for the case under
section 335(7).
Section 335. In the initial period, the following provisions shall
not apply to the following cases:
(1) the provisions of section 29 paragraph two and paragraph three
shall not apply to the law as in force on the date of the promulgation of this
Constitution or already approved by the National Assembly before the date of the
promulgation of this Constitution. If there is enactment of a new law on that
matter or there is any amendment to such law, it shall comply with section 29;
provided that this requirement shall also apply to rules or regulations issued by
virtue of the provisions of the law mutatis mutandis;
(2) the provisions of section 40 shall not apply until the law
implementing such provisions has been enacted, which shall not be later than
three years as from the date of the promulgation of this Constitution; provided
that such law shall not affect any licence, concession, or contract valid on the
date such law comes into force until the expiration of such licence, concession,
or contract;
(3) the provisions of section 43 paragraph one shall not apply until
the implementation of such provisions has been carried out, which shall not be
later than five years as from the date of the promulgation of this Constitution;
(4) the provisions of section 170 and section 209 shall not apply
until the law implementing such provisions has been enacted, which shall not be
later than two years as from the date of the promulgation of this Constitution;
(5) the provisions of section 236 and section 249 paragraph three
and paragraph five shall not apply to a trial of the Courts of Justice and section
273 paragraph two shall not apply to the Judicial Commission under section 318;
provided that action shall be taken in implementation of such provisions not later
than five years as from the date of the promulgation of this Constitution;
(6) the provisions of section 237 shall not apply until the law has
been amended in implementation of such provisions, which shall not be later
than five years as from the date of the promulgation of this Constitution;
(7) the provisions of section 285 paragraph two and paragraph
three shall not apply to members or the administrator of Tambon Administrative
Organisation ex officio who hold office on the date of the promulgation of this
Constitution until the expiration of the term of office of members elected by the
Council of such Tambon Administrative Organisation;
(8) the provisions of section 288 paragraph two shall not apply to
the composition of the Local Officials Committee until the law has been
amended or enacted in implementation of such provisions, which shall not be
later than two years as from the date of the promulgation of this Constitution.
Section 336. When the period of five years as from the date of the
promulgation of this Constitution has elapsed, the Election Commission, the
Constitutional Court, or the National Counter Corruption Commission shall have
the power to submit to the National Assembly or the Council of Ministers a
report presenting opinions on the amendment of this Constitution or other laws.
Countersigned by
Wanmuhamadnoor Matha
President of the National Assembly
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