CHAPTER VI: The National Assembly
Part 1: General Provisions
Section 90. The National Assembly consists of the Senate and the House of Representatives. Joint or separate sitting of the National Assembly shall be in accordance with the provision of this Constitution.
Section 91. The Speaker of the House of Representatives is President of the National Assembly. The President of the Senate is Vice-President of the National Assembly. In the case where the Speaker of the House of Representatives is none or is absent or is unable to perform his duties, the President of the Senate shall act in his place. The President of the National Assembly shall have the powers and duties as prescribed in this Constitution and shall conduct the proceeding of the National Assembly at the joint sittings in accordance with regulations or rules of procedure. The Vice-President of the National Assembly shall have the powers and duties as prescribed in this Constitution and as entrusted by the President of the National Assembly.
Section 92. A bill may be enacted as law only by and with the advice and consent of the National Assembly.
Section 93. After a bill has been approved by the National Assembly, the Prime Minister shall present it to the King for singature within thirty days as from the date he receives such bill, and it shall come into force as an Act upon its publication in the Government Gazette.
Section 94. If the King refuses His assent to a bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existed members of both Houses, the Prime Minister shall present such bill to the King for His signature once again. If the King does not sign and return the bill within thirty days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had singned it.
Section 95. Senators or members of the House of
Representatives must submit the account of property and debt to
the President of the House in which such member belong as the
law provided.
Section 96. No person shall be a senator and member of
the House of Representatives simultaneously.
Section 97. Senators or members of the House of
Representatives of not less than one-tenth of the total number of
existed members of each House have a right to lodge with the
President of the House of which they are members a complaint
asserting that the membership of any member of such House has
terminated under section 103 (3), (4), (5), (6), (7), (8), (10)
or (11), or section 120 (3), (4), (5), (6), (7), (9), (10) or
(11), as the case may be, and the President of the House with
whom the complaint is lodged shall refer it to the
Constitutional Tribunal for decision as to whether the membership
of such person has terminated. When the Constitutional Tribunal has made a decision, it shall inform the President of the House with whom the complaint
is lodged [as directed above].
The resolution of the Constitutional Tribunal under [the above paragraph] shall be passed by the votes of not less than three-fourths of the total number of members of the
Constitutional Tribunal.
Section 98. In the case where any senator or member of
the House of Representatives does an act or being under any
circumstance which is malfeasance in office or an offence against
officials in concerning with member of the State Legislative
Assembly or detrimental to the dignity of membership of the
Senate orof the House of Representatives, senators or members
of the House of Representatives, as the case may be, of not
less than one-third of the total number of existed members of
each House have a right to lodge with the President of which
they are members a complaint in order to have the Senate or the
House of Representatives decide to terminate the membership of
that member.
The resolution of the Senate or the House of
Representatives under paragraph one shall be passed by the votes
of not less than three-fourths of the total number of existed
members of each House.
Section 99. The vacancy of the office of a senator or
a member of the House of Representatives after the day on
which his membership terminates or after the decision of the
Constitutional Tribunal that the membership of any member
terminates does not affect any act done by such person in the
capacity of a member including the receipt of emoluments or
other considerations by such member before he vacates his office,
or the President of the House of which such person is a member
hasbeeninformed of the decision of the Constitutional Tribunal,
as the case may be.
Section 100. The Senate consist of members which the
King appointed from qualified person possessing knowledges or
expertises in academic or other businesses which will be useful
to the administrative of the country in the democratic regime
with the King as the Head of State, being of Thai Nationality by
birth, being not less than thirty-five years of age, not being a
member or holding any position of being counsellor of any
political party, not being member of local assembly or local
administrator who is elected and has not been resolved by the
Constitution Tribunal to terminated from the membership by
Section 97 because of the causes under Section 103 (7) because of
the causes under Section 113 (7) (8) or (12).
The number of Senators shall be two-third of the members
of the House of Representatives. The fraction shall be
disregarded.
In case the position of a senator is vacanted, whatever
thereason may be, the Senate shall consist of the number of the
remaining senator.
The Prime Minister shall countersign the Royal Command
appointing a senator.
Section 101. The term of membership of the Senate is
four years as from the date of appointment by the King.
Senators who leave the office because of the end of the
term must remain in the office to carry out the duty until the
newly appointed senators take up the office.
The King shall have the Royal Prerogative to reappoint
the senators who complete the term as member of the Senate.
Section 102. Senators shall:
-
not receive concession from the State or government
agencies or State enterprises or withhold such concession or
become a party to the contract with the State or government
agencies or State enterprises on the nature of monopoly whether
directly or indirectly.
- not receive special money or other interest from
government agencies or State agencies or State enterprises except
from what the government agencies or State agencies or State
enterprises practice with other person in ordinary business.
The provisions of Section 114 paragraph two shall apply
mutatis mutandis.
Section 103. Membership of a senator terminates upon:
- the expiration of term of office;
- death;
- resignation;
- loss of Thai nationality;
- becoming a member or holding any position or
becoming consulting of any political party;
- becoming member of local assembly or local
administrator which assuming such position by mean of election;
- disfranchisement under section 113 (1), (2), (3),
(4), (7), (8), (11) or (12) [see below]
- acting in contravention of the prohibition under
section 102;
- the Senate passing a resolution terminating the
membership in accordance with section 98 or the Constitutional
Tribunal passing a resolution terminating membership in
accordance with section 97. In such cases, the membership
shall be deemed to have terminated on the date of the resolution
of the Senate or of the Constitutional Tribunal;
- having been absent throughout a session which is
not less than ninety days without the permission of the President
of the Senate;
- having been imprisoned by a final judgment to a
term of imprisonment except for an offence committed through
negligence or for a petty offence.
Section 104. When the office of a senator becomes vacant
for any reason other than the expiration of the term of office,
the King will appoint a person properly qualified under section
94 to fill the vacancy. The senator so appointed may serve
only for the remainder of his predecessor's term of office.
Part 3: The House of Representatives
Section 105. The House of Representatives consists of
members, which the citizens elect, having the number according to
the principle provided in Section 106.
Section 106. The number of the members of the House
of Representatives, which each Changwat shall have, shall be
calculated according to the household registration of each
Changwat announcedin the last year prior to the election at the
ratio of one hundred and fifty thousand citizen for one member.
The Changwat having less than one hundred and fifty thousand
citizens shall have the election of one member in that Changwat.
If a Changwat has more than one hundred and fifty thousand there
shall be election of one additional member of the House of
Representatives for one hundred fifty thousand citizen. The
fraction of one hundred fifty thousand, if it is seventy-five
thousand or more, shall be counted as one hundred fifty thousand.
As for Changwat in which not more than three members of
the House of Representatives are to be elected, the area of such
Changwat shall be regarded as one constituency. As for the Changwat
in which more than three members ofthe House of Representatives
are to be elected, the area of such Changwat shall be divided
into the constituencies and each constituency shall have three
members of the House of Representatives. If it is not possible to divide a Changwat into constituencies with three members of the House of Representatives in each constituency, the area of such Changwat shall be divided into the constituency which three members of the House of
Representatives are to be elected before, but the number of
members of the House of Representatives in the remanent
constituencies must not less than two. As for Changwat in which four members of the House of Representatives are to be elected, the area of such Changwat
shall be divided into two constituencies and two members of the
House of Representatives are to be elected in each constituency.
Section 107. In Changwat which shall be divided into
more than one constituency the boundaries of each constituency
shall be adjoining and the ratio of the number of inhabitants to
the number of members of the House of Representatives are to be
elected in one constituency must be closed to that in another
constituency.
Section 108. In each constituency, a person having the
right to vote at an election shall have the right to cast votes
for candidates equal in number to the number of members of the
House of Representatives to be elected in such constituency.
The election shall be conducted by direct suffrage and
secret ballot.
Section 109. A person having the following qualifications
has the right to vote at an election:
- being of Thai nationality; provided that a person
who has acquired Thai nationality by naturalization must also
possess this qualification not less than ten years;
- being not less than eighteen years of age on 1st January of the election year; and
- having his name appeared on the house register in
the constituency.
Section 110. A person under any of the following
prohibitions on the election day is disenfranchised:
- being of unsound mind or of mental infirmity;
- being a Buddhist priest, novice, monk or clergy;
-
being detained by a warrant of the Court;
-
being disfranchised by a judgment.
Section 111. A person having the following qualifications
has the right to be a candidate in an election:
- being of Thai nationality by birth; provided that a
Thai national having [an] alien father must also possess the
qualifications stipulated by the law on election of members of
the House of Representatives;
- being not less than twenty five years of age on the
date of the election
- being a member either of the political party sending members to stand for election under section 112 or the political
party under section 121 paragraph two;
- possessing one of the following qualifications;
- having his name appeared on the house register
in Changwat which he apply to be a candidate for an
uninterrupted period of not less than one year on applying day;
- having been a member of the House of Representatives of [the] Changwat which he [is applying] to be a candidate, or having been a member of local assembly or local administrator in such Changwat;
- born in [the] Changwat which he apply to be a candidate;
- having been educated in educational establishment established in Changwat which he apply to be a candidate for an uninterrupted period of not less than two educational years.
- used to be a government officer or used to be
registered in the household registration in the Changwat he
applies to be a candidate for an uninterrupted period of not
less than two years.
Section 112. In the general election, the political
party, the members of which shall have a right to stand as
candidates under section 111 (3), must be the party sending
its members of not less than one fourth of all the member of the
House of Representatives to standascandidates in the election.
And in each constituency where the said political party sends
its members to stand for election, the members thereof shall
equal in number to that of the members of the House of
Representatives and is entitle to send only one group of
candidate.
When any political party has sent the candidate to stand
for election, that political party or its candidates cannot
withdraw the [candidacy].
When any political party has sent the candidates in the
required number according to paragraph one, and thereafter the
number of the candidates of that political party has reduced
below the required number for any reason whatever, that political
party shall be regarded as having sent the candidates for the
required number according to paragraph one.
Section 113. A person with following qualification is
prohibited person to exercise the right to be a candidate in an
election:
- being addicted to harmful habit forming drugs;
- being an undischarged bankrupt;
- being disfranchised under section 110 (1), (2) or (4);
- being deaf and dumb
;
- having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;
- having been discharged for a period of less than
five years on the election day after being sentenced by a
judgment to imprisonment for a term of two years or over, except
for an offence committed through negligence;
- having been dismissed, removed or called upon
to retire from government service, government agency or State
enterprise on account of malfeasance in office or deem to be
malfeasance in office or being assumed to be malfeasance or
misbehave in government circle;
- having been sentenced or ordered by the Court that
his assets devolves on the State owing to his unusual wealth
or his assets has become unusually accumulative;
- being government official holding a permanent
position or receiving a salary except a political official;
- being member of local assembly, local administrator
or member of local administrator Council.
- being official or employee of State agency or State
enterprise or local administration;
- his membership had terminated by the resolution of
the Senate or of the House of Representatives under section 98
and four years has not been past since the day the Senate or the
House of Representatives passed the resolution until the election
day;
Section 114. A member of the House of Representatives shall:
- not hold any position or have any duty in any
government agency or State enterprise, or a position of member
of local assembly, local administrator or local official except
the position of the Minister or any other political official;
-
not receive any concession from the State or a
government agency or State agency or State enterprise or
withhold such concession or become a party to the contract of the
nature of economic monopoly with the State or a government
agency or State agency or State enterprise, whether directly
or indirectly;
-
not receive any special money or benefit from any
government agency or State agency or State enterprise apart from
what the government agency or State agency or State enterprise
gives to other persons in the ordinary course of business.
The provision of (2) shall not apply in the case where
a member of the Houseof Representativesreceived the oncession
or became a party to the contract before he is elected.
The provision of this section shall not apply in the
case where a member of the House of Representatives receives
Bia wad , gratuities, pensions, or annuities or any other form
of payments of the same nature, and shall not applyin the case
where a member of the House of Representatives accepts or holds
the position of committee member of the National Assembly or the
House of Representatives, or committee member appointed as a
qualified person under the provision of law, or committee
member appointed in the course of the administration of the
State affairs in case he holds a position of political official.
Section 115. Subject to the provisions of this
Constitution, the rules and procedure of election shall be in
accordance with the law on election of members of
the House of Representatives.
There shall be Election Commission having the power and
duty as provide by law to overlook the election of the member of
the House of Representatives to be fair and just.
Qualifications, [principled] methods of appointment and
termination from office of the Election Commission shall be in
accordance with the provision of law.
Section 116. The term of the House of Representatives
is four years from the date of the election.
Section 117. Upon expiration of the term of the
House of Representatives, the King willissue a Royal Decree
calling for a general election of members of the House of
Representatives in which the election day must be fixed within
forty-five days from the date of expiration of the term of the
House ofRepresentatives and the election day must be the same
all over the Kingdom.
Section 118. The King has the prerogative of dissolving
the House of Representatives for a new election of members of
the House of Representatives.
The dissolution of the House of Representatives shall
be made in the form of a Royal Decree in which the election day
for the general election must befixed within sixty days and such
election day must be the same all over the Kingdom.
The dissolution of the House of Representatives may be
made only once under the same circumstance.
Section 119. Membership of the House of Representatives
commences on the election day.
Section 120. Membership of the House of Representatives
terminates Upon:
-
the expiration of the term or dissolution of the House of Representatives;
-
death;
-
resignation;
-
being disqualified under section 111 (1), (2), or (4);
- being under any prohibition provided in section 113
(1), (2), (3), (4), (7), (8), (9), (10), (11) or (12);
-
acting in contravention of the prohibitions under
section 114;
- the resignationfrom membership of his political
party or his political party passing a resolution, with the vote
of not less than three-fourths of the joint meeting of the
Executive Board of that party and member of the House of
Representatives of such political party, terminating his
membership of the political party. In such cases, his membership
shall be deemed to have terminated from the date of resignation
or of the resolution of the political party;
- the House of Representatives passing a resolution
terminating the membershipunder section 92 or the Constitutional
Tribunal passing a resolution terminating the membership under
section 91. In such cases, his membership shall be deemed to
have terminated from the date of resolution of the House of
Reprsentatives or of the Constitutional Tribunal;
-
the loss of membership of the political party in
the case where thepolitical party of which he is a member is
dissolved by an order of the Court and he is unable to become
a member of another political party within sixty days from the
date on which the Court issues its order. In such case, his
membershipshallbe deemed to have terminated on the day following
the date on which sixty days elapsed;
- having been absent throughout a session which is
not less than ninety days without permission of the President of
the House of Representatives;
- having been imprisoned by a final judgment to
a term of imprisonment exceptfor an offence committed through
negligence or a petty offence.
The resolution of the political party under (7) shall be
the resolution of joint meeting of the executive committee of the
political party and member of the House of Representatives
belonging to that political party. And such resolution shall
be passed by the votes of not less than three-fourths of the
total number of members of the executive committee of that
political party plus member of the House of Representatives
belonging to that political party.
Section 121. If the office of member of the House of
Representatives becomes vacant for any reason other than the
expiration of the term or the dissolution of the House of
Representatives, an election of a member of the House of
Representatives to fill the vacancy shall be held within
forty-five days unless the remainder of the term of the
House of Representatives is less than one hundred and eighty days.
In the election under paragraph one, the candidate
for an election shall be member of the political party having
its members being member of the House of Representatives elected
at the general election, and section 112 shall apply mutatis
mutandis.
The replacing member of the House of Representatives may
serve only for the remainder of the term of the House of
Representatives.
Section 122. After the Council of Ministers has
assumed the administration of the State affairs, the King
will appoint as Leader of the Opposition in the House of
Representatives a member of the House of Representatives
who is leader of the political party having its members of the
House of Representatives holding no ministerial position, and
having the largest number of members of the House of
Representatives among the political parties having their members
of the House of Representatives holding no ministerial position,
and such number must not be less than one-fifth of the total
number of members of the House of Representatives existed at the
time of appointment.
In case there is no political party in the House of
Representatives having the qualification determined under
paragraph one, the member of the House of Representatives who is
the leader of a political party receiving the majority support
from member of the House of Representatives belonging to
political parties which members of the House of Representatives
do not hold the position of a minister shall be the leader of the
oppositionin the House of Representatives. In case there are
equal support there shall be a draw lot.
The Speaker of the House of Representatives shall
countersign the Royal Command appointing the Leader of the
Opposition in the House of Representatives.
The Leader of the Opposition in the House of
Representatives shall vacate office upon being disqualified
asreferred to in paragraph one or paragraph two, and section 122
shall apply mutatis mutandis, and in such case, the King will
appoint new Leader of the Opposition in the House of
Representatives to fill the vacancy.
Public document, published by the Government of Thailand at: http://www.parliament.go.th/files/library/b05-b.htm
Accessed 4 Jun 2004. Grammatical/spelling editing, and all E2 formatting by ameriwire.