The Council of Ministers

Section 201
The King appoints the Prime Minister and not more than thirty-five other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs.
The Prime Minister must be appointed from members of the House of Representatives or persons who have been members of the House of Representatives whose membership has terminated under section 118 (7) during the term of the same House.
The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.
 
Section 202
The House of Representatives shall complete its consideration and approval of the person suitable to be appointed as Prime Minister within thirty days as from the day the National Assembly is convoked for the first sitting under section 159.
The nomination of a person who is suitable to be appointed as Prime Minister under paragraph one shall be endorsed by members of the House of Representatives of not less thanone-fifth of the total number of the existing members of the House.
The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be passed by the votes of more than one-half of the total number of the existing members of the House of Representatives. The passing of the resolution in such case shall be by open votes.
 
Section 203
In the case where the period of thirty days as from the date the National Assembly is convoked for the first sitting of its members has elapsed and no one has been approved for appointment as Prime Minister under section 202 paragraph three, the President of the House of Representatives shall, within fifteen days as from the lapse of such period, present to the King for the issuance of a Royal Command appointing the person who has received the highest votes as Prime Minister.
 
Section 204
No Prime Minister and Ministers shall be members of the House of Representatives or senators simultaneously.
A member of the House of Representatives who has been appointed as Prime Minister or Minister shall vacate office on the day following the date on which thirty days have elapsed as from the date of the issuance of the appointing Royal Command.
 
Section 205
Before taking office, a Minister must make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect."
 
Section 206
A Minister must possess the qualifications and must not be under any of the prohibitions as follows:
  1. being of Thai nationality by birth;
  2. being not less than thirty five years of age;
  3. having graduated with not lower than a Bachelor's degree or its equivalent;
  4. not being under any of the prohibitions under section 109 (1), (2), (3), (4), (6), (7), (12), (13) or (14);
  5. having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment for a term of two years or more, except for an offence committed through negligence;
  6. not being a senator or having been a senator whose membership has terminated for not more than one year up to the date of the appointment as Minister except for the termination of membership under section 133 (1).
Section 207
A Minister shall not be a Government official holding a permanent position or receiving a salary except political official.
 
Section 208
A Minister shall not hold a position or perform any act provided in section 110, except the position required to be held by the operation of law, and shall not hold any other position in a partnership, company or any organisation which engages in a business with a view to sharing profits or incomes or be an employee of any person.
 
Section 209
A Minister shall not be a partner or shareholder of a partnership or a company or retain his or her being a partner orshareholder of a partnership or a company up to the limit as provided by law. In the case where any Minister intends to continue to receive benefits in such cases, such Minister shall inform the President of the National Counter Corruption Commission within thirty days as from the date of the appointment and shall transfer his or her shares in the partnership or company to a juristic person which manages assets for the benefit of other persons as provided by law.
The Minister shall not do any act which, by nature, amounts to the administration or management of shares or affairs of such partnership or company.
 
Section 210
A Minister has the right to attend and give statements of fact or opinions at a sitting of the House but has no right to vote. In the case where the House of Representatives or the Senate has passed a resolution requiring Ministers to attend a sitting for any matter, they shall attend the sitting.
The provisions of section 157 and section 158 governing privileges shall apply mutatis mutandis.
 
Section 211
The Council of Ministers which will assume the administration of the State affairs must, within fifteen days as from the date it takes office, state its policies to the National Assembly; provided that no vote of confidence shall be passed.
Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect material benefits of the State, the Council of Ministers which has taken office may, for the time being, carry out such acts in so far as it is necessary.
 
Section 212
Ministers shall carry out the administration of the State affairs in accordance with the provisions of the Constitution, laws and the policies stated under section 211, and shall be responsible individually to the House of Representatives for the performance of their duties and shall also be responsible collectively to the National Assembly for the general policies of the Council of Ministers.
 
Section 213
In the case where there is an important problem in the administration of the State affairs in regard to which the Council of Ministers deems it advisable to take opinion of members of the House of Representatives and senators, the Prime Minister may give a notice to the President of the National Assembly requesting that a general debate be held at a joint sitting of the National Assembly. In such case, no resolution shall be passed by the National Assembly on the issue put in the debate.
 
Section 214
In the case where the Council of Ministers is of the opinion that any issue may affect national or public interests, the Prime Minister, with the approval of the Council of Ministers, may consult the President of the House of Representatives and the President of the Senate for the purpose of publishing in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to whether the important issue under paragraph one, which is not the issue contrary to or inconsistent with this Constitution, will be approved or not. A referendum shall not be held on an issue specifically relating to any individual or group of persons.
The publication under paragraph one shall fix the date of the referendum, which shall not be earlier than ninety days and shall not be later than one hundred and twenty days as from the date of its publication in the Government Gazette, and the date of the referendum shall be the same throughout the Kingdom.
While the publication under paragraph one is in force, the State shall take action to ensure that persons who agree or disagree with such issue can express their opinions equally.
The persons having the right to vote in an election of members of the House of Representatives shall have the right to vote in a referendum.
If it appears from the referendum that the people voting in the referendum are less than one-fifth of the persons having the right to vote, the issue for which consultation is sought shall be deemed to be disapproved by a majority of people. If the people voting in the referendum are more than one-fifth of the persons having the right to vote and it appears that the people voting in the referendum approve it by a majority of votes, the issue for which consultation is sought shall be deemed to be approved by a majority of people.
The referendum under this section shall have the mere effect of advice given to the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in accordance with the organic law on referendum.
 
Section 215
Ministers vacate office en masse upon:
  1. the termination of ministership of the Prime Minister under section 216;
  2. the expiration of the term or the dissolution of the House of Representatives;
  3. the resignation of the Council of Ministers.
The outgoing Council of Ministers shall remain in office for carrying out duties until the newly appointed Council of Ministers takes office but, in the case of the vacation of office under (2), shall not exercise its power to appoint, transfer or dismiss a Government official holding a permanent position or receiving a salary or an official of a State agency or State enterprise, except with the approval of the Election Commission.
The provisions of section 118(7) and paragraph two thereof and section 204 shall not apply to the outgoing Council of Ministers which remains in office for carrying out duties under paragraph two.
In the case where the ministership of the Prime Minister terminates under section 216 (1), (2), (3), (4), (6) or (8), the procedure under section 202 and section 203 shall apply mutatis mutandis.
 
Section 216
The ministership of an individual Minister terminates upon:
  1. death;
  2. resignation;
  3. being disqualified or being under any of the prohibitions under section 206;
  4. being sentenced by a judgment to imprisonment;
  5. the passing of a vote of no-confidence by the House of Representatives under section 185 or section 186;
  6. having done an act prohibited by section 208 or section 209;
  7. the issuance of a Royal Command under section 217;
  8. being removed from office by a resolution of the Senate under section 307.
The provisions of section 96 and section 97 shall apply to the termination of the ministership under (2), (3), (4) or (6).
 
Section 217
The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.
 
Section 218
For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph oneshall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If it is out of session and it would be a delay to wait for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to consider whether to approve or disapprove the Emergency Decree without delay. If the House of Representatives disapproves it or approves it but the Senate disapproves it and the House of Representatives reaffirms its approval by the votes of not more than one-half of the total number of the existing members of the House, the Emergency Decree shall lapse; provided that it shall not affect any act done during the enforcement of such Emergency Decree.
If the Emergency Decree under paragraph one has the effect of amending or repealing any provisions of any Act and such Emergency Decree has lapsed in accordance with paragraph three, the provisions of the Act in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such Emergency Decree is effective.
If the House of Representatives and the Senate approve the Emergency Decree, or if the Senate disapproves it but the House of Representatives reaffirms its approval by the votes of more than one-half of the total number of the existing members of the House, such Emergency Decree shall continue to have the force as an Act.
The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette. In case of disapproval, it shall be effective as from the day following the date of its publication in the Government Gazette.
The consideration of an Emergency Decree by the Senate and the House of Representatives in case of reaffirmation of the Emergency Decree must take place at the first opportunity when such Houses hold their sittings.
 
Section 219
Before the House of Representatives or the Senate approves an Emergency Decree under section 218 paragraph three, members of the House of Representatives or senators of not less than one-fifth of the total number of the existing members of each House have the right to submit an opinion to the President of the House of which they are members that the Emergency Decree is not in accordance with section 218 paragraph one, and the President of the House who receives such opinion shall then refer it to the Constitutional Court for decision. After the Constitutional Court has given a decision thereon, it shall notify its decision to the President of the House referring such opinion.
When the President of the House of Representatives or the President of the Senate has received the opinion from members of the House of Representatives or senators under paragraph one, the consideration of such Emergency Decree shall be deferred until the decision of the Constitutional Court under paragraph one has been notified.
In the case where the Constitutional Court decides that any Emergency Decree is not in accordance with section 218 paragraph one, such Emergency Decree shall not have the force of law ab initio.
The decision of the Constitutional Court that an Emergency Decree is not in accordance with section 218 paragraph one must be given by votes of not less than two-thirds of the total number of members of the Constitutional Court.
 
Section 220
If, during a session, it is necessary to have a law on taxes, duties or currency, which, in the interests of the State, requiresan urgent and confidential consideration, the King may issue an Emergency Decree which shall have the force as an Act.
The Emergency Decree issued under paragraph one must be submitted to the House of Representatives within three days as from the day following the date of its publication in the Government Gazette, and the provisions of 218 shall apply mutatis mutandis.
 
Section 221
The King has the prerogative to issue a Royal Decree which is not contrary to the law.
 
Section 222
The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law.
In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.
 
Section 223
The King has the prerogative to declare war with the approval of the National Assembly.
The approval resolution of the National Assembly must be passed by votes of not less than two-thirds of the total number of the existing members of both Houses.
During the expiration of the term or the dissolution of the House of Representatives, the Senate shall perform the function of the National Assembly in giving the approval under paragraph one, and the resolution shall be passed by votes of not less than two-thirds of the total number of the existing senators.
 
Section 224
The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations.
A treaty which provides for a change in the Thai territories or the jurisdiction of the State or requires the enactment of an Act for its implementation must be approved by the National Assembly.
 
Section 225
The King has the prerogative to grant a pardon.
 
Section 226
The King has the prerogative to remove titles and recall decorations.
 
Section 227
The King appoints and removes officials in the military service and civil service who hold the positions of Permanent Secretary of State, Director-General and their equivalents except in the case where they vacate office upon death.
 
Section 228
A Government official holding a permanent position or receiving a salary and not being a political official shall not be a political official or hold other political position.
 
Section 229
Emoluments and other remuneration of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Leader of the Opposition in the House of Representatives, members of the House of Representatives and senators shall be prescribed by the Royal Decree.
Gratuities, pensions or other remuneration of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Prime Minister,Ministers, Leader of the Opposition in the House of Representatives, members of the House of Representatives and senators who vacate their office shall be prescribed by the Royal Decree.
 
Section 230
The establishment of a new Ministry, Sub-Ministry or Department which requires an increase of positions or the number of Government officials or employees shall be made in the form of an Act.
The amalgamation or transfer of Ministries, Sub-Ministries or Departments which has or does not have the effect of establishing a new Ministry, Sub-Ministry or Department and which does not require an increase of positions or the number of Government officials or employees, or the dissolution of a Ministry, Sub-Ministry or department shall be made in the form of a Royal Decree.
An increase of positions or the number of Government officials or employees in a Ministry, Sub-Ministry or Department which is newly established or in the Ministry, Sub-Ministry or Department which is amalgamated or to which the transfer is made shall not be permitted within three years as from the date of the amalgamation or the transfer thereof under paragraph two.
The Royal Decree under paragraph two shall also specify the powers and duties of the newly established Ministry, Sub-Ministry or Department, the transfer of powers and duties under the provisions of the law vested in the original Government agency or officials and the transfer of officials and employees, budget, assets and liabilities.
The execution under paragraph two in respect of a Ministry, Sub- Ministry or Department already established by an Act shall be made in the form of a Royal Decree. The Royal Decree so issued shall be deemed to have the effect of amending, in the relevant parts, the provisions of the Act or law which has the same force as an Act.
 
Section 231
All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.
 
Section 232
All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.