The National Assembly

Part 1 General Provisions
 
Section 90
The National Assembly consists of the House of Representatives and the Senate.
Joint or separate sittings of the National Assembly shall be in accordance with the provisions of this Constitution.
 
Section 91
The President 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 there is no President of the House of Representatives, or the President of the House of Representatives is not present or is unable to perform his or her duties, the President of the Senate shall act as President of the National Assembly in his or her place.
The President of the National Assembly shall have the powers and duties as provided in this Constitution and shall conduct the proceedings of the National Assembly at joint sittings in accordance with the rules of procedure.
The President of the National Assembly and the person who acts as President of the National Assembly in his or her place shall be impartial in the performance of duties.
The Vice-President of the National Assembly shall have the powers and duties as provided in this Constitution and as entrusted by the President of the National Assembly.
 
Section 92
A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly.
 
Section 93
After a bill or an organic law bill has already been approved by the National Assembly, the Prime Minister shall present it to the King for signature within twenty days as from the date of the receipt of such bill from the National Assembly, and it shall come into force upon its publication in the Government Gazette.
 
Section 94
If the King refuses His assent to a bill or an organic law 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 existing members of both Houses, the Prime Minister shall present such bill to the King for 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 signed it.
 
Section 95
No person shall be a member of the House Representatives or a senator simultaneously.
 
Section 96
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 have the 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 118 (3), (4), (5), (6), (7), (8), (9), (11), or (12) or section 133 (3), (4), (5), (6), (7), (9), or (10), as the case may be, and the President of the House with whom the complaint is lodged shall refer it to the Constitutional Court for decision as to whether the membership of such person has terminated.
When the Constitutional Court has made a decision, it shall notify the President of the House with which the complaint is lodged under paragraph one of such decision.
 
Section 97
The vacation of the office of a member of the House of Representatives or a senator after the day on which his or her membership terminates or the day on which the Constitutional Court decides that the membership of any member terminates does not affect any act done by such member in the capacity as member including the receipt of emolument or other remuneration by such member before he or she vacates office or the President of the House of which such person is a member has been notified of the decision of the Constitutional Court, as the case may be, except that in the case of vacation of office on the ground of his or her being elected in violation of the organic law on the election of members of the House of Representatives and senators, emolument and other remuneration received from being in office shall be returned.
 
Part 2 The House of Representatives
 
Section 98
The House of Representatives consists of five hundred members, one hundred of whom are from the election on a party-list basis under section 99 and four hundred of whom are from the election on a constituency basis under section 102.
In the case where the office of a member of the House of Representatives becomes vacant for any reason and an election of a member of the House of Representatives has not been held to fill the vacancy, the House of Representatives shall consist of the existing members of the House.
 
Section 99
In an election of members of the House of Representatives on a party-list basis, a voter shall have the right to cast ballot from the lists of candidates prepared by political parties; provided that only one party-list may be voted for and the territory of Thailand shall be regarded as the whole constituency.
The party-lists of candidates in the election under paragraph one shall be prepared by political parties. Each party shall prepare one list which shall contain not more than one hundred persons and be submitted to the Election Commission before the date an application for candidacy in an election on the constituency basis commences.
Names of persons in the party-list under paragraph one shall:
  1. consist of the names of candidates from equitably various regions;
  2. not be repeated by the names in the lists prepared by other political parties and names of candidates in the election on the constituency basis under section 102 and;
  3. be placed in numerical order.
Section 100
The list of any political party receiving votes of less than five percent of the total number of votes throughout the country shall be regarded as one for which no person listed therein is elected and such votes shall not be reckoned in the determination of the proportional number of the members of theHouse of Representatives under paragraph two.
The determination of the proportion of votes received by the party- list of each political party according to which the persons whose names are listed therein shall be regarded as being elected in that proportion shall be in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and senators.
It shall be deemed that the candidates whose names are in the list of each political party are elected in respective order of the allocated numbers in the list in accordance with such proportional number of the members of the House of Representatives as determined for that list.
 
Section 101
Subject to section 119(1), in the case where there occurs, during the term of the House of Representatives, any cause resulting in the members elected from the election on a party-list basis being less than one hundred in number, such members shall consist of the existing members.
 
Section 102
In the election of members of the House of Representatives on a constituency basis, the person having the right to vote shall cast ballot for one candidate in each constituency.
The determination of the ratio of the number of inhabitants to one member shall be made by reference to the division of such number of inhabitants throughout the country as evidenced in the census announced in the year preceding the year of election by the number of four hundred members of the House of Representatives.
The number of members of the House of Representatives of each Changwat [electoral district] shall be determined by the division of the number of inhabitants in that Changwat [electoral district] by such number of inhabitants per one member as determined under paragraph two. Any Changwat [electoral district] with inhabitants below the number of inhabitants per one member under paragraph two shall have one member of the House of Representative. Any Changwat [electoral district] with more inhabitants than the number of inhabitants per one member shall have an additional member of the House of Representatives for every such number of inhabitants as representing the number of inhabitants per one member.
Upon the number of members of the House of Representatives of each Changwat [electoral district] being obtained under paragraph three, if the number of members of the House of Representatives is still less than four hundred, any Changwat [electoral district] with the largest fraction remaining from the determination under paragraph three shall have an additional member of the House of Representatives and the addition of the members of the House of Representatives in accordance with such procedure shall be made to Changwat [electoral district]s in respective order of fractions remaining from the determination under paragraph three until the number of four hundred is obtained.
 
Section 103
In a Changwat [electoral district] where the number of members of the House of Representatives to be elected is not more than one, the area of that Changwat [electoral district] shall be regarded as the constituency and in a Changwat [electoral district] where the number of members of the House of Representatives is more than one, such Changwat [electoral district] shall be divided into constituencies in the number equal to such number of members of the House of Representatives as may be elected therein and, for this purpose, each constituency shall have one member of the House of Representatives.
In a Changwat [electoral district] which is divided into more constituencies than one, the boundary of each constituency shallbe adjoining and the number of inhabitants in each constituency must be closely apportioned.
 
Section 104
In a general election, a voter shall have the right to cast ballot for only one list of candidates prepared by the political party and, in an election on a constituency basis, for one candidate in that constituency.
In an election of a member of the House of Representatives to replace the member of the House of Representatives elected on a constituency basis whose office becomes vacant under section 119(2), a voter shall have the right to cast ballot for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In each constituency, the counting of votes from every polling station altogether shall be conducted and the result of the vote-counting shall be a nnounced publicly at any single place in that constituency as designated by the Election Commission, except that in the case where necessity arises in a particular locality, the Election Commission may provide otherwise in accordance with the organic law on the election of members of the House of Representatives and senators.
The provisions of paragraph four shall apply mutatis mutandis to the counting and announcement of votes received by each party-list in each constituency under section 103.
 
Section 105
A person having the following qualifications has the right to vote at an election:
  1. being of Thai nationality; provided that a person who has acquired Thai nationality by naturalisation must hold the Thai nationality for not less than five years;
  2. being not less than eighteen years of age on 1st January of the year of the election; and
  3. having his or her name appear on the house register in the constituency for not less than ninety days up to the date of the election.
A voter who has a residence outside the constituency under section 103 within which his or her name appear in the house register, or who has his or her name appear in the house register in the constituency for the period of less than ninety days up to the date of the election, or who has a residence outside the Kingdom of Thailand shall have the right to cast ballot in an election in accordance with rules, procedure and conditions provided by the organic law on the election of members of the House of Representatives and senators.
 
Section 106
A person under any of the following prohibitions on the election day is disfranchised:
  1. being of unsound mind or of mental infirmity;
  2. being a Buddhist priest, novice, monk or clergy;
  3. being detained by a warrant of the Court or by a lawful order;
  4. being under suspension of the right to vote.
Section 107
A person having the following qualifications has the right to be a candidate in an election of members of the House of Representatives:
  1. being of Thai nationality by birth;
  2. being not less than twenty five years of age on the election day;
  3. having graduated with not lower than a Bachelor's degree or its equivalent except for the case of having been a member of the House of Representatives or a senator before;
  4. being a member of any and only one political party, for a consecutive period of not less than ninety days, up to the date of applying for candidacy in an election;
  5. a candidate in an election on a constituency basis shall alsopossess any of the following qualifications:
  1. having his or her name appear in the house register in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than one year up to the date of applying for candidacy;
  2. having been a member of the House of Representatives in Changwat [electoral district] where he or she stands for election, a member of a local assembly or a local administrator of such Changwat [electoral district] before;
  3. being born in Changwat [electoral district] where he or she stands for election;
  4. having studied in an education institution situated in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than two academic years before;
  5. having served in the official service before or having had his or her name appear in the house register in Changwat [electoral district] where he or she stands for election for a consecutive period of not less than two years before.
Section 108
A political party sending member to stand for election in any constituency shall send only one member in such constituency.
 
Section 109
A person under any of the following prohibitions shall have no right to be a candidate in an election of members of the House of Representatives:
  1. being addicted to drugs;
  2. being an undischarged bankrupt;
  3. being disfranchised under section 106(1), (2) or (4);
  4. having been sentenced by a judgement to imprisonment and being detained by a warrant of the Court;
  5. having been discharged for a period of less than five years on the election day after being sentenced by a judgement to imprisonment for a term of two years or more except for an offence committed through negligence;
  6. having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;
  7. having been ordered by a judgement or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;
  8. being a Government official holding a permanent position or receiving salary except a political official;
  9. being a member of a local assembly or a local administrator;
  10. being a senator;
  11. being an official or employee of a State agency, State enterprise or local government organisation, or other State official;
  12. being an Election Commissioner, an Ombudsman, a member of the National Human Right Commission, a judge of the Constitutional Court, a judge of an Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission;
  13. being under the prohibition from holding a political position under section 295;
  14. having been removed from office by the resolution of the Senate under section 307; provided that, from the date of the resolution to the election day, the period of five years has not elapsed.
Section 110
A member of the House of Representatives shall not:
  1. hold any position or have any duty in any State agency or State enterprise, or hold a position of member of a local assembly, local administrator or local government official except other political official other than Minister;
  2. receive any concession from the State, a State agency orState enterprise, or become a party to a contract of the nature of economic monopoly with the State, a State agency or State enterprise, or a become partner or shareholder in a partnership or company receiving such concession or becoming a party to the contract of that nature;
  3. receive any special money or benefit from any State agency or State enterprise apart from that given by the State agency or State enterprise to other persons in the ordinary course of business.
The provisions of this section shall not apply in the case where a member of the House of Representatives receives military pensions, gratuities, pensions, annuities or any other form of payment of the same nature, and shall not apply in the case where a member of the House of Representatives accepts or holds a position of committee member of the National Assembly, the House of Representatives or the Senate, or committee member appointed as a qualified member under the provisions of law or committee member appointed in the course of the administration of the State affairs in case he or she holds a position of other political official other than Minister.

Section 111
A member of the House of Representatives shall not, through the status or position of member of the House of Representatives, interfere or intervene in the recruitment, appointment, reshuffle, transfer, promotion and elevation of the salary scale of a Government official holding a permanent position or receiving salary and not being a political official, an official or employee of a State agency, State enterprise or local government organisation, or cause such persons to be removed from office.
 
Section 112
Subject to the provisions of this Constitution, rules and procedure for an election of members of the House of Representatives shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
 
Section 113
In the interest of honesty and fairness of an election of members of the House of Representatives, the State shall provide support for the election in the following matters:
  1. preparing places for posting notices and posters relating to the election in public places owned by the State;
  2. publishing and supplying to persons having the right to vote documents relating to the election;
  3. providing places for election campaigns to candidates in the election;
  4. allocating radio and television broadcasting time to political parties;
  5. other activities specified by Notifications of the Election Commission.
The activities under (1), (4) and (5) by candidates in the election, political parties or other persons other than the State shall not be permitted.
Rules, conditions and procedure for carrying out the acts under this section shall be in accordance with the organic law on the election of members of the House of Representatives and senators, which shall afford equal opportunities.
 
Section 114
The term of the House of Representatives is four years from the election day.
 
Section 115
Upon the expiration of the term of the House of Representatives, the King will issue 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 daysas from the date of the expiration of the term of the House of Representatives and the election day must be the same throughout the Kingdom.
 
Section 116
The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.
The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed within sixty days and such election day must be the same throughout the Kingdom.
The dissolution of the House of Representatives may be made only once under the same circumstance.
 
Section 117
Membership of the House of Representatives commences on the election day.
 
Section 118
Membership of the House of Representatives terminates upon:
  1. expiration of the term or dissolution of the House of Representatives;
  2. death;
  3. resignation;
  4. being disqualified under section 107;
  5. being under any prohibition provided in section 109(1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13) or (14);
  6. acting in contravention of any prohibition under section 110 or section 111;
  7. being appointed Prime Minister or Minister;
  8. resignation from membership of his or her political party or his or her political party passing a resolution, with the votes of not less than three- fourths of the joint meeting of the Executive Committee of that political party and members of the House of Representatives belonging to that political party, terminating his or her membership of the political party. In such cases, his or her membership shall be deemed to have terminated as from the date of the resignation or the resolution of the political party except where such member of the House of Representatives appeals to the Constitutional Court within thirty days as from the date of the resolution of the political party for raising an objection that such resolution is of such nature as specified in section 47 paragraph three. If the Constitutional Court decides that the said resolution is not of the nature as specified in section 47 paragraph three, his or her membership shall be deemed to have terminated as from the date of the decision of the Constitutional Court. If the Constitutional Court decides that the said resolution is of such nature as specified in section 47 paragraph three, that member of the House of Representatives may become a member of another political party within thirty days as from the date of the decision of the Constitutional Court;
  9. loss of membership of the political party in the case where the political party of which he or she is a member is dissolved by an order of the Constitutional Court and he or she is unable to become a member of another political party within sixty days as from the date on which the Constitutional Court issues its order. In such case, his or her membership shall be deemed to have terminated as from the day following the date on which such period of sixty days has elapsed;
  10. the Senate passing a resolution under section 307 removing him or her from office or the Constitutional Court having a decision terminating his or her membership under section 96. In such case, his or her membership shall be deemed to have terminated as from the date on which the Senate passes a resolution or the Constitutional Court has a decision, as the case may be;
  11. having been absent for more than one-fourth of the number of days in a session the length of which is not less than ninety days without permission of the President of the House ofRepresentatives;
  12. having been imprisoned by a final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence.
The termination of membership of the House of Representatives under (7) shall be effective as from the day following the date on which the period of thirty days, from the date of the appointment by the Royal Command, has elapsed.
 
Section 119
When 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, the following actions shall be taken:
  1. in the case where the vacancy is that of the office of a member of the House of Representatives listed in the list prepared by a political party under section 99, the President of the House of Representatives shall, by publication in the Government Gazette within seven days as from the date of the vacancy, elevate the person whose name in the list of that political party is placed in the next order to be a replacing member of the House of Representatives;
  2. in the case where the vacancy is that of the office of a member of the House of Representatives elected from the election on a constituency basis under section 102, an election of a member of the House of Representatives to fill the vacancy shall be held within forty five days as from the date of the vacancy unless the remainder of the term of the House of Representatives is less than one hundred and eighty days.
Membership of the replacing member of the House of Representatives under (1) shall commence as from the day following the date of the publication of the name of the replacing member, while membership of the replacing member of the House of Representatives under (2) shall commence as from the day on which the election to fill the vacancy is held. The replacing member of the House of Representatives may serve only for the remainder of the term of the House.
 
Section 120
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 who is the leader of the political party having its members holding no ministerial positions and having the largest number of members among the political parties having their members holding no ministerial positions, provided that such number must not be less than one-fifth of the total number of members of the House of Representatives at the time of the appointment.
In the case where no political party in the House of Representatives meets the condition as prescribed under paragraph one, the leader of the political party, who receives a majority of supporting votes from the members of the House who belong to the political parties having their members holding no ministerial positions, shall be the Leader of the Opposition in the House. In case of an equality of supporting votes, it shall be decided by lot.
The President 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 as specified in paragraph one or paragraph two, and section 152 shall apply mutatis mutandis, and in such case, the King will appoint a new Leader of the Opposition in the House of Representatives to fill the vacancy.
 
Part 3 The Senate
 
Section 121
The Senate shall consist of two hundred members to be elected by the people.
In the case where the office of the senator becomes vacant for any reason whatsoever and an election of a senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining senators.
 
Section 122
In an election of senators, the area of Changwat [electoral district] shall be regarded as one constituency.
The number of senators each Changwat [electoral district] can have shall be determined in accordance with the procedure provided in section 102 paragraph two, paragraph three and paragraph four mutatis mutandis.
 
Section 123
The person having the right to vote at an election of senators may cast ballot, at the election, for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat [electoral district] can have more than one senator, the candidates who receive the highest number of votes in respective order in the number of senators that Changwat [electoral district] can have shall be elected as senators.
 
Section 124
The provisions of section 105 and section 106 shall apply mutatis mutandis to the qualifications and prohibitions to which a person having the right to be a candidate in an election of senators shall be subjected.
 
Section 125
A person having the following qualifications has the right to be a candidate in an election of senators:
  1. being of Thai nationality by birth;
  2. being of not less than forty years of age on the election day;
  3. having graduated with not lower than a Bachelor's degree or its equivalent;
  4. having any of the qualifications under section 107(5).
Section 126
A person under any of the following qualifications shall have no right to be a candidate in an election of senators:
  1. being a member of or holder of other position of a political party;
  2. being a member of the House of Representatives or having been a member of the House of Representatives and his or her membership has terminated for not yet more than one year up to the date of applying for the candidacy;
  3. being or having been a senator in accordance with the provisions of this Constitution during the term of the Senate preceding the application for the candidacy;
  4. being disfranchised under section 109(1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14).
Section 127
A senator shall not be a Minister or other political official.
The person having held office of senator with membership having terminated for not more than one year, shall not be a Minister or other political official unless the membership has terminated under section 133(1).
 
Section 128
The provisions of section 110 and section 111 shall also apply mutatis mutandis to the prohibitions to which a senator shall be subjected.
 
Section 129
Subject to the provisions of this Constitution, rules andprocedure for an election of senators shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election, the State shall carry out the following acts:
  1. causing notices and posters relating to the election and candidates in the election to be posted;
  2. publishing and furnishing to persons having the right to vote documents relating to the election and candidates in the election;
  3. providing places and allocating radio and television broadcasting time for introducing candidates in the election;
  4. carrying out other acts as prescribed by the Election Commission.
Rules and procedure for carrying out the acts under paragraph two shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
The introduction of candidates by themselves or other persons is permitted only insofar as provided in the organic law on the election of members of the House of Representatives and senators.
 
Section 130
The term of the Senate is six years as from the election day.
 
Section 131
Upon expiration of the term of the Senate, the King will issue a Royal Decree calling for a new general election of senators in which the election day must be fixed within thirty days as from the date of the expiration of the term of the Senate and the election day must be the same throughout the Kingdom.
For the purpose of proceeding under section 168, the senators holding office on the day on which the term of the Senate terminates under paragraph one shall continue to perform their duties until newly elected senators assume their duties.
 
Section 132
Membership of the Senate commences on the election day.
 
Section 133
Membership of the Senate terminates upon:
  1. expiration of the term of the Senate;
  2. death;
  3. resignation;
  4. being disqualified under section 125;
  5. being under any of the prohibitions under section 126;
  6. being under any of the prohibitions under section 127;
  7. acting in contravention of any of the prohibitions under section 128;
  8. the Senate passing a resolution under section 307 removing him or her from office or the Constitutional Court having a decision terminating his or her membership under section 96; in such case, his or her membership shall be deemed to have terminated as from the date of the resolution of the Senate or the decision of the Constitutional Court, as the case may be;
  9. having been absent for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the President of the Senate;
  10. having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence.
Section 134
When the office of senator becomes vacant for any reason other than the expiration of term of the Senate, an election of a senator to fill the vacancy shall be held within forty five days as from the date of the vacancy unless the remainder of the term of the Senate is less than one hundred and eighty days.
The replacing senator may serve only for the remainder of theterm of the Senate.
 
Section 135
In considering the selection, appointment, recommendation or approval of a person to hold any position 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, the Senate shall appoint a committee for examining past records and behaviours of the person nominated for holding such position as well as gathering necessary facts and evidence to be reported to the Senate for its further consideration.
The proceeding by the committee under paragraph one shall be in accordance with the Rules of Procedure of the Senate.
 
Part 4 Election Commission
 
Section 136
The Election Commission consists of a Chairman and other four Commissioners appointed, by the King with the advice of the Senate, from persons of apparent political impartiality and integrity.
The President of the Senate shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.
 
Section 137
An Election Commissioner shall have the qualifications and shall not be under any prohibition as follows:
  1. being of Thai nationality by birth;
  2. being of not less than forty years of age on the nomination day;
  3. having graduated with not lower than a Bachelor's degree or its equivalent;
  4. not being under any of the prohibitions under section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
  5. not being a member of the House of Representatives or the Senate, a political official, a member of a local assembly or a local administrator;
  6. not being or having been a member of or holder of other position in a political party throughout the period of five years preceding the holding of office;
  7. not being an Ombudsman, a member of the National Human Right Commission, a judge of the Constitutional Court, a judge of the Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.
Section 138
The selection and election of Chairman and Election Commissioners shall be proceeded as follows:
  1. there shall be a Selective Committee of ten members consisting of the President of the Constitutional Court as Chairman, President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be four 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 four in number, to be in charge of the consideration and selection of five persons, who have the qualifications under section 137 and who are suitable to be Election Commissioners, for making nomination to the President of the Senate upon consent of the nominated persons. The resolution making such nomination must be passed by votes of not less than three-fourths of the number of all existing members of the Selective Committee;
  2. the Supreme Court of Justice shall, at its general meeting, consider and select five persons who are suitable to be Election Commissioners for making nomination to the President of theSenate upon consent of the nominated persons;
  3. the nominations under (1) and (2) shall be made within thirty days as from the date when a ground for the selection of persons to be in such office occurs. In the case where the Selective Committee under (1) is unable to make nomination, or unable to make nomination in the complete number, within the prescribed time, the Supreme Court of Justice shall, at its general meeting, make nomination to obtain the complete number within fifteen days as from the date of the expiration of the nomination time under (1);
  4. the President of the Senate shall convoke the Senate for passing, by secret ballot, a resolution electing the nominated persons under (1), (2) and (3). For this purpose, the first five persons who receive the highest votes which are more than one half of the total number of the existing senators shall be elected as Election Commissioners, but if the number of the said elected persons is less than five, the name-list of those not elected in that first occasion shall be submitted to the senators for voting on another occasion and consecutively. In such case, the persons receiving the highest number of votes in respective order up to five shall be deemed to be elected as Election Commissioner. On this occasion, if there are persons receiving equal votes in any order which result in having more than five elected persons, the President of the Senate shall draw lots to determine who are elected persons;
  5.  the elected persons under (4) shall meet and elect among themselves Chairman of the Election Commission and, then, notify the President of the Senate of the result. The President of the Senate shall report to the King for further appointment.
Section 139
An Election Commissioner shall not:
  1. be a Government official holding a permanent position or receiving salary;
  2. be an official or employee of a State agency, State enterprise or local government organisation;
  3. hold any position in a partnership, a company or an organisation carrying out businesses for sharing profits or incomes, or be an employee of any person;
  4. engage in any other independent profession.
In the case where the Senate has elected a person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2), (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of election. If that person has not resigned or ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be an Election Commissioner and the provisions of section 138 shall apply mutatis mutandis.
 
Section 140
Election Commissioners shall hold office for a term of seven years as from the date of their appointment by the King and shall serve for only one term.
The Election Commissioners who vacate office upon the expiration of the term shall remain in office to continue to perform their duties until the newly appointed Election Commissioners take office.
 
Section 141
In addition to the vacation of office upon the termination of the term, an Election Commissioner vacates office upon:
  1. death;
  2. resignation;
  3. being disqualified or being under any of the prohibitions under section 137 or section 139;
  4. having been imprisoned by a final judgment to a term of imprisonment except for an offence committed throughnegligence or a petty offence;
  5. the Senate passing a resolution under section 307 removing him or her from office.
When a case under paragraph one occurs, the remaining Election Commissioners may continue to perform their duties.
 
Section 142
Members of the House of Representatives, senators, or members of both Houses of not less than one-tenth of the total number of the existing members of the two Houses have the right to lodge with the President of the National Assembly a complaint that any Election Commissioner is disqualified or is under any of the prohibitions under section 137 or has acted in contravention of any of the prohibitions under section 139 and the President shall refer that complaint to the Constitutional Court for its decision as to whether that Election Commissioner has vacated his or her office.
When the Constitutional Court has passed a decision, it shall notify the President of the National Assembly and the Chairman of the Election Commission of such decision.
The provisions of section 97 shall also apply mutatis mutandis to the vacation of office of Election Commissioners.
 
Section 143
In the case where the Election Commissioners have vacated office in toto, actions under section 138 shall be taken within forty five days as from the date of the vacation.
In the case where Election Commissioners vacate office for any reason other than the expiration of term, section 138 shall apply mutatis mutandis to the selection and election of Election Commissioners to fill the vacancies. In this case, persons, in the twice number of the outgoing persons, who are suitable to be Election Commissioners shall be nominated to the Presidents of the Senate for election by a resolution of the Senate; provided that this procedure shall be completed within forty five days as from the date of the vacation, and the elected persons shall serve only for the remainder of the term of the replaced Commissioners.
 
Section 144
The Election Commission shall control and hold, or cause to be held, an election of members of the House of Representatives, senators, members of a local assembly and local administrators including the voting in a referendum for the purpose of rendering it to proceed in an honest and fair manner.
The Chairman of the Election Commission shall have the charge and control of the execution of the organic law on the election of members of the House of Representatives and senators, the organic law on political parties, the organic law on the voting in a referendum and the law on the election of members of local assemblies or local administrators and shall be the political- party registrar.
 
Section 145
The Election Commission shall have the following powers and duties:
  1. to issue Notifications determining all activities necessary for the execution of the laws referred to in section 144 paragraph two;
  2. to give orders instructing Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials to perform all necessary acts under the laws referred to in section 144 paragraph two;
  3. to conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the laws referred to in section 144 paragraph two;
  4. to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at areferendum in that or those polling stations has not proceeded in an honest and fair manner;
  5. to announce the result of an election and the voting in a referendum;
  6. to perform other acts as provided by law.
In the performance of duties, the Election Commission has the power to summon any relevant document or evidence from any person, or summon any person to give statements as well as to request the Courts, public prosecutors, inquiry officials, State agencies, State enterprises or local government organisations to take action for the purpose of performing duties, investigating, conducting inquiries and passing decisions.
The Election Commission has the power to appoint persons, a group of persons or representatives of private organisations to perform such duties as entrusted.

Section 146
Government officials, officials or employees of a State agency, State enterprise or local government organisation or other State officials shall have the duty to comply with orders of the Election Commission given under section 145.
 
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 Representativesand 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 disclosesuch 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 23and 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 consideredto 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 thedraft 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 onbudgetary 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 ofRepresentatives 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 partyor 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:
    1. 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;
    2. 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;
    3. 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 adviceof 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.