Thailand 2007 Constitution

CHAPTER VI. THE NATIONAL ASSEMBLY

Part 1. General Provisions

Section 88

The National Assembly consists of the House of Representatives and the Senate.

The National Assembly may meet jointly or separately in accordance with this Constitution.

Joint or separate sittings of the National Assembly shall be in accordance with the provisions of this Constitution.

A person cannot concurrently be a member of the House of Representatives and a member of the Senate.

Section 89

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 90

A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly; and if the King had signed it or as if the King had signed it as provided in this Constitution it shall come into force upon its publication in the Government Gazette.

Section 91

Members of the House of Representatives or of the Senate with not less than one-tenth of the total number of the existing members there are in each House shall have the right to collect names and petition to their respective President to have the membership of any of their members ended in accordance with Sections 106 (3), (4), (5), (6), (7), (8), (10), or (11) or Section 119 (3), (4), (5), (7), or (8) as the case may be; the President shall forward the said petition to the Constitutional Court for the latter’s decision whether or not the membership of the said member should be ended.

When the Constitutional Court has made its decision, it shall notify the President of the House from which it received the petition under paragraph one.

In the case where the Election Commission thinks the membership of a member of the House of Representatives or a member of the Senate has cause to be ended under paragraph one, the Election Commission shall send the matter to the President of the House to which that member belongs and the President of the House shall forward the matter to the Constitutional Court for decision under paragraph one and paragraph two.

Section 92

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 93

The House of Representatives consists of 480 members. From the election on a constituency basis four hundred members, eighty of whom are from the election on a party-list basis.

The election shall be by direct suffrage and secret ballot; one ballot for each kind of constituency it shall be given.

Rules and condition to precept the election of member of the House of Representatives provided by the organic law on this Constitution which’s said how the member of the House of Representatives and the Senators shall be elected.

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.

When the members of the party-list basis under section 109 (2) becomes vacant during the period of the House of Representatives less than 80 persons, the members of the party-list basis shall consist of the existing members.

In any of cases the total number of members of the House elected does not reach 480, but is less than 95 percent of that number, the existing members shall constitute the House of Representatives. Meanwhile elections must be held to fill all the vacant seats within 180 days. The newly elected members shall have a term of office equal to the remainder of the term of the House.

Section 94

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 candidates that can be elected of each constituency.

To determine the number of members of the House of Representatives of each constituency and to setting up of the constituency shall be conducted as follows:

1. By determine the population into the country’s total registered population based on the latest census before a general election, average by 400 of the members of the House of Representatives.
2. Any Changwat with inhabitants below the number per on member under paragraph (1) shall have one member of the House of Representatives. Any Changwat 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 number.
3. Upon the numbers of the House of Representatives of each Changwat being obtain under paragraph (2) should have; and the number of the House of Representatives is still less than 400, any Changwat with the largest fraction remaining from the determination under paragraph (2) shall have an additional member of the House of Representatives in accordance with such procedure shall be made to Changwats in respective order of fractions remaining from the determination until the number of 400 is obtained.
4. Constituency shall be regarded by Changwat with a maximum of three seats, such Changwats 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, and each constituency shall have three members of the House of Representatives.
5. If the Changwats inhabitants of a Changwat are not large enough to have three seats in every constituency; such Changwat shall be divided into constituencies in the equal obtained to such number of three members of the House of Representatives first, but the residual constituency shall have minimum of two members of the House of Representatives. Any Changwat can have four members of the House of Representatives to be obtained; such Changwat shall be divided into constituency in the number of two members of the House of Representatives as may be elected.
6. In a Changwat which is divided into more constituencies than one, the boundary shall be adjoining and the inhabitants in each constituency must be closely apportioned.

The counting of the votes shall be conducted in each constituency and the result of the votes counting shall be sent altogether to the polling station; the result of the votes counter shall be announced publicly at any single place in that constituency as designed 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.

Section 95

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 ballot for one party-list may be voted for each constituency.

Each party shall send a list of candidates in every constituency or shall send some selected constituency.

The party-list of candidates prepared by the political party that submitted; if any circumstance happened before or during the election that have made the party-list prepared by the political party not complete as well as the list that submitted by the political party, the residuary numbers of the party-list prepared by the political parties shall be excepted; and in this cases the House of Representatives consist of the existing members of the House of Representatives which are elected.

Section 96

For the purpose of affecting constituency of the party-list basis it has to be affected as follows.

1. The country shall be divided into eight electoral Changwat, each consisting of contiguous Changwat shall be a constituency; each constituency shall have 10 seats of the House of Representatives.
2. Grouping of the Changwat; the boundary of each Changwat shall be adjoining closely apportioned and as evidence the census announced in the year preceding the year of election; the hold Changwat obtain as one constituency.

Section 97

In an election of members of the House of Representatives on a party-list basis, the party-list shall be done as follow:

1. Consist of the names of candidates in the party-list that shall be elected in each constituency, and it shall be arranged in order to the number and be submitted to the Election Commission before the date an application for candidacy in an election on the constituency basis.
2. The names of the party-list (1) shall not be repeated by the names of candidates in the election on the constituency basis of any parties, and to take into consideration of the opportunity, acceptable quota and the equality between men and women.

Section 98

The number of proportional-representation seats that a contesting political party wins will depend on the total number of votes it receives for its constituency throughout the country. After collecting the votes it receives, it shall be calculated how many seats related for each party shall be win. It shall be deemed with the names in the list of each political party are elected in respective order of the placed in numerical order in the list in accordance with such proportional number of the members of the House of Representatives; in accordance with the rules provided in of the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

The drawing of constituency boundaries, methods of election, voting, vote counting, method of calculating proportional-representation members shall be in accordance with the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

The provision of section 94 shall apply mutatis mutandis to the counting and announcement of votes received by each party-list. The Election Commission may provide any Changwat as a polling station at the beginning for the counting of votes.

Section 99

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 naturalization 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 appears 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, or his or her name appears 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 100

A person having the following prohibitions on the Election Day is disfranchised:

1. Being a monk, novice, Brahmin priest, or clergy;
2. Being under suspension of the right to vote;
3. Being detained by a warrant of the Court or by a lawful order;
4. Being of unsound mind or of mental infirmity;

Section 101

A person having the following qualifications has the right to be a candidate in an election of members of the House of Representatives:

1. Thai nationality by birth;
2. Being not less than twenty five years of age on the Election Day;
3. Being a member of any and only one political party, for a consecutive period of not less than ninety days, except in a general election following an unexpected House dissolution, in which case he or she is required to have been a registered member of a political party not less than thirty days continuously up to the date of an election;
4. A candidate in an election on a constituency basis shall also possess any of the following qualifications:
   1. Having his or her name appears in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years up to the date of applying for candidacy;
   2. Born in the Changwat where he or she stands for the election;
   3. Having studied in an education institution situated in Changwat where he or she stands for election for a consecutive period of not less than five academic years before;
   4. Having served in the official service before or having had his or her name appear in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years before.
5. A person who stands for a patty-list basis shall have appearance either, or as follow (4). If any appearance concerning to any Changwat, it has to be a about group of Changwat.
6. Having other qualifications as stipulated in the organic Act on Election of Members of the House of Representatives and Selection of Members of the Senate.

Section 102

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 or having been bankrupt by fraud,
3. Being a person with prohibitions to stand for election for a member of the House of Representatives under Section 101 (1), (2), or (4);
4. Having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;
5. Sentenced to imprisonment and having been discharged less than five years to the Election Day, except for negligence or minor offences 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 judgment 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 council or being a local administrator,
10. Being a member of the Senate, or have been a Senator; and the membership terminated less than 2 years;
11. Being a member of a local assembly or a local administrator or employee of the State agency or State Enterprise;
12. Being a judge of the Constitutional Court, an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission, a member of the National Human Right Commission;
13. Suspended from holding political office under Section 263;
14. Having been removed from office by the resolution of the Senate under section 274.

Section 103

A political party cannot field more candidates in a constituency than the maximum allowed for that constituency.

If any of the political party has already sent candidates for running an election allowed after paragraph one; even if afterward the members of the candidatures are not complete without any reasons, this political party has obtained fully the members of the candidatures for running an election.

Once a political party has fielded candidates for running an election; it’s not permitted to change or revoke the candidatures from running an election.

Section 104

The term of the House of Representatives is four years from the Election Day.

During the term, political parties with seats in the House shall not be permitted to merge.

Section 105

Membership of members of the House of Representatives shall take effect as from the Election Day.

Section 106

Membership of the House of Representatives terminates on:

1. Expiry of the term or dissolution of the House of Representatives;
2. Death;
3. Resignation;
4. Disqualification under Section 101;
5. Prohibition under Section 102;
6. Acting in contravention of any prohibition under Section 265 or Section 266;
7. Resignation from membership of his or her political party or his or her political party passes a resolution, with 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 membership of the political party. In such case, his membership shall be deemed to have been terminated from the date of resignation or resolution of the political party, except when such member of the House of Representatives appeals to the Constitutional Court within 30 days from the date of the resolution of the political party raising objections that the resolution is of such nature as specified in Section 65 paragraph three. If the Constitutional Court decides that the said resolution is not of the nature as specified in Section 65 paragraph three, his membership shall be deemed to have been terminated 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 65 paragraph three, that member of the House of Representatives may become a member of another political party within 30 days as from the date of the decision of the Constitutional Court;
8. Loss of membership of political party in the case where the political party of which he is 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 60 days from the date on which the Constitutional Court issues its order. In such case, his or her membership shall be deemed to have been terminated from the day following the date on which such period of 60 days has elapsed;
9. Senate passes a resolution under Section 274 removing him or her from office or the Constitutional Court takes decision terminating his or her membership under Section 91, or the Supreme Court of Justice issues an order under section 239, paragraph two. In such case, his membership shall be deemed to have been terminated as from the date on which the Senate passes the resolution or the Constitutional Court takes the decision, as the case may be;
10. Remaining absent for more than one-fourth of the total number of days in a session, the length of which is not less than 120 days without permission of the president of the House of Representatives;
11. Imprisoned by final judgment to a term or suspended term of imprisonment other than an offence committed through negligence or petty offence.

Section 107

Upon expiry of the term of the House of Representatives, the King will issue a Royal Decree calling for general election of members of the House of Representatives and the election date must be fixed within 45 days from the date of expiry of the term of the House of Representatives and the election day must be the same throughout the Kingdom.

Section 108

The King has the prerogative to dissolve the House of Representatives for new election of members of the House. Dissolution of the House of Representatives shall be made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. Dissolution of the House of Representatives may be made only once under the same circumstances.

Section 109

When the office of member of the House of Representatives becomes vacant for any reason other than expiry of term or dissolution of the House of Representatives, the following actions shall be taken:

1. In the case of vacancy in the office of a member of the House of Representatives elected through election on constituency basis, an election of member of the House of Representatives to fill up the vacancy shall be held within 45 days from the date of the vacancy unless the remainder of the term of the House of Representatives is less than 180 days.
2. In the case of vacancy in the office of a member of the House of Representatives elected through election on proportional basis, the president of the House of Representatives shall by publication in the government gazette within seven days 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 replace the member of the House of Representatives.

Membership of replacing member of the House of Representatives under (1) shall commence from the day the election to fill up the vacancy is held; while membership of replacing member of the House of Representatives under (2) shall commence from the day following the date of publication of the name of the replacing member of the House of Representatives in the government gazetteer. The replacing member of the House of Representatives may serve only for the remainder of the term of the House.

Section 110

After the Council of Ministers has assumed the administration of 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 members holding no ministerial positions, provided that this 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 when no political party in the House of Representatives has the description as prescribed under paragraph one, the leader of the political party, who receives majority of supporting votes from 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 124, paragraph four 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 up the vacancy

Part 3. The Senate

Section 111

The Senate shall consist of 150 members, to be elected by the people from each Changwat; one member from each Changwat, and appointed the equal of numbers of above divided from the member of the elected person.

In the case of increase or decrease of Changwat during the term elected Senator the senate shall consist of the remaining Senators.

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.

In the case of any affairs that made the office of Senator becomes vacant under paragraph one, and the existing Senators are more than ninety-five percent of the office of senate, the senate shall consist of the remaining Senators, but an election or appointed of a Senator to fill the vacancy shall held within hundred and eighty days; the replacing Senator may serve only for the remainder of the term of the Senate.

Section 112

In an election of Senators, the area of Changwat shall be regarded as one constituency, and one member of the Senator each Changwat shall be elected; the person having the right to vote at an election of Senators may cast ballot, at the election for one candidate in that constituency.

For the benefit of an election of the senate, the senate shall be able to run the campaign to introduce about the duties of the Senators.

Rules, procedure and conditions for running an election and campaign for election of the senate shall be in accordance with the organic law on the election of members of the House of Representatives and Senators.

Section 113

There shall be a Selection Committee for Senators consisting of the President of the Constitutional Court, the President of the Election Commission, the President of the ombudsman, the President of the National Counter Corruption Commission, the President of the Office of Auditor General, the President of the National Human Rights Commission, a judge to be assigned by the general meeting of the Supreme Court of Justice, a judge to be assigned by the Supreme Administrative Court. The Selection Committee for the Senate shall select persons under Section 114 within 30 days from the day of receiving the name-list from the Election Commission and shall submit the list of selected candidates to the President of the House of Representatives. The Election Commission shall promulgate the appointing Senators that selected from the list of persons.

The Selection Committee under paragraph one appoints one person to be the President of the Selection Committee.

If there is no member for any position in the Selection Committee, or if there is, but he or she cannot perform his or her duty, the remaining members shall constitute the Selection Committee provided they represent not less than half of the full Committee.

Section 114

The Selection Committee for Senators shall appoint the member of proper persons which are proposed by the different organizations including the academia, the public sector, the private sector, occupational groups, and other groups qualified to perform Senatorial functions until the required number is met under section 111 paragraph one.

In making the selection under paragraph one, particular attention shall be paid to knowledge, skills or expertise and experience of practice relevant to the performance of Senatorial functions; to a mix of people with different branches of knowledge.

Rules, procedure and conditions for appointing Senators shall be in accordance with the organic law on the election of members of the House of Representatives and Senators.

Section 115

A person shall have the qualifications and shall not be under any prohibition shall have the right to apply or be nominated for selection as a Senator 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. A person who applicants for Senator shall have such one or another characteristic as follows:
   1. Having his or her name appears in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years up to the date of applying for candidacy;
   2. Born in the Changwat where he or she stands for the election;
   3. Having studied in an education institution situated in Changwat where he or she stands for election for a consecutive period of not less than five academic years before;
   4. Having served in the official service before or having had his or her name appear in the house register in Changwat where he or she stands for election for a consecutive period of not less than five years before;
5. Not an ancestors, spouse or child of the members of the House of Representative or holding any position by the political party;
6. Not a member of any political party or holding any position by the political party, or if so, must have left no less than five years to the day of application or nomination;
7. Not a member of the House of Representative or having been a member of the House of representative, and left no less than five years to the day of application or nomination;
8. Not being under any of the prohibitions under section 102 (1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14);
9. Not being a Minister or having been holding any position that not be the member of the local administrative or of the local official or having been and left no less than five years;

Section 116

The member of the Senate shall not be a Minister or other political official or being an official of an independent entity.

A person who having been a member of the Senate and the membership left no less than two years shall not be a Minister or holding of political party.

Section 117

Membership of the elected Senate commences on the election day and membership of the selected Senate commences on the day of announcement of the selection result by the Selective Committee for selected senators.

The term of the Senate is six years as from the election day or the day of announcement of the selection result by the Selective Committee for selected senators, as the case may be. Senators shall not serve for consecutive terms.

A senator whose membership terminates upon the expiration of the term of the Senate shall remain in office to continue to perform his duties until there is a new senator.

Section 118

Upon the expiration of the term of the elected 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 elected Senate and the election day must be the same throughout the Kingdom.

Upon the expiration of the term of the selected Senate, the Election Commission shall issue Notifications determining the starting date and the period of new senators selection procedure, which shall be completed within sixty days as from the date of the expiration of the term of the selected Senate.

Section 119

Membership of the Senate terminates upon;

1. expiration of the term of the Senate;
2. death;
3. resignation;
4. being disqualified or being under any prohibitions under section 115;
5. acting in contravention of any of the prohibitions under section 116, section 265, or section 266;
6. the Senate passing a resolution under section 274 removing him or her from office, or the Constitutional Court having a decision terminating his or her membership under section 91, or the Supreme Court of Justice issuing the order under section 239, paragraph two, or section 240, paragraph three; 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 or the order of the Supreme Court of Justice, as the case may be;
7. 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;
8. having been sentenced by a final judgment to imprisonment, notwithstanding the suspension of the infliction of punishment, except for the suspension of the infliction of punishment for an offense committed through negligence, a petty offense, or an offense of defamation.

Section 120

When the office of senator becomes vacant for reasons under section 119, the provisions under section 112, section 113, section 114, and section 118 shall apply to an election or a selection of a senator to fill the vacancy. The replacing senator shall serve only for the remainder of the term of whom he or she has replaced. In the case where the remainder of the said term is less than one hundred and eighty days, there may not be an election or a selection of a senator to fill the vacancy.

Section 121

In the case where the Senate shall consider having a person hold any position under provisions of this Constitution, a committee shall be appointed by the Senate to examine past records, behaviors, and moral conducts of the person nominated for holding such position, and to gather 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. Provisions Applicable To Both Houses

Section 122

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. Not bound by any assigned mandate, nor dominated by political influence, they shall carry out their duties for the benefits of the people honestly, faithfully, and free from conflict of interest.

Section 123

Before taking office, a member of the House of Representatives and a Senator shall make a solemn declaration at a sitting of the House of which he or she is a member in the following words:

“I, (name of the declarer), do solemnly declare that I will perform my duties in accordance with the honest dictates of my conscience for the common interest of the Thai people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

Section 124

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.

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 two or paragraph three, 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 even if the judgment is not final or regardless whether the sentence is a suspended or not, except for negligence, minor offences, or defamation.

While in office, the President or Vice-Presidents of the House of Representatives cannot be an executive or hold any position in a political party.

Section 125

The President of the House of Representatives and the President of the Senate shall have the powers and duties to perform the functions of their respective House according to rules and regulations. The Vice-Presidents shall have the powers and duties as assigned by the President and shall act on his or her behalf during his or her absence or when the President is unable to perform duty.

The President of the House of Representatives, the President of the Senate, and their surrogate shall perform their duties impartially.

When the President and Vice-Presidents of the House of Representatives or of the Senate are not at the sitting, members of the respective House shall elect from among themselves someone to preside over that meeting.

Section 126

To have a quorum, the sitting of the House of Representatives and of the Senate must have a presence of no less than one-half of the existing members in their respective House except during interpellation under Section 156 and Section 157. The House of Representatives and the Senate may specify the rule of quorum otherwise.

A vote on consultative issues shall be based on a simple majority unless otherwise required by this Constitution.

Each member shall have one vote. If the votes are equal, the President at the sitting shall have the casting vote.

The President of the National Assembly, the President of the House of Representatives and the President of the Senate shall arrange to have the vote of each member recorded and disclose those records in places where the public may inspect, unless it is a secret ballot.

Voting to select or to express approval for a person in any position shall be made in secret unless the provisions of this Constitution require otherwise. Members are free and not bound by his or her political party’s resolution or other mandate.

Section 127

Within 30 days from a general election of the House of Representatives, a sitting of the National Assembly shall be convoked so that the members can have their first sitting.

Each year there shall be an ordinary general session and an ordinary legislative session.

The day of the first sitting under paragraph one shall mark the beginning of the ordinary general session while the first day of the ordinary legislative session shall be left to the House of Representatives to decide. Sitting for the first time under paragraph one, if there remain fewer than 150 days to the end of the calendar year, it is possible not to have an ordinary legislative session in that particular 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.

It is permissible to prorogue the general ordinary session less than 120 day subject to the approval of the National Assembly.

Section 128

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 127 paragraph one or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.

In the interest of the public, the King may convoke the National Assembly to an extraordinary sitting.

Convocation, extension of sessions, and proroguing them shall be effected by Royal Decree under Section 129.

Section 129

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 submit the petition to the King and countersign his Royal Command thereof.

Section 130

At the meeting of the House of Representatives and of the Senate or at a joint meeting of the National Assembly, a member may use words or make statements expressing views or vote as a matter of absolute privilege. No person shall be permitted to use it as cause for legal action.

The privilege under paragraph one does not give immunity to the member who speaks at the meeting with radio or TV coverage, specifically if the utterances appear elsewhere than the National Assembly’s premises, are criminally offensive or infringe the rights of other persons who are not Ministers or members of that particular Chamber.

In the circumstances under paragraph two, if a member says something that may cause damage to a person or persons who are not Ministers or members of that House, the President of the House shall arrange a public explanation in the way demanded by the injured party and within the time limit under the rules of meeting of that particular House, without prejudice to his or her rights to sue.

The protection of the privilege under this Section shall extend to publishers and advertisers of the proceedings of the meeting in accordance with the regulations of the House of Representatives, the Senate, or the National Assembly as the case may be. It shall also extend to the person who the President allowed to speak or express views at the sitting, as well as to the licensed broadcasters and telecasters mutatis mutandis.

Section 131

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.

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 Act on the Election of Members of the House of Representatives and the Taking of Office of Senators, the organic Act on the Election Commission, the organic Act 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 jurisdiction of the Court conducted before it is invoked that the accused is a member of either House are valid.

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 shall be effective as from the date of such order until the last day of the session.

Section 132

During the expiration of the term or the dissolution of the House of Representatives, the Senate shall not hold its sitting except in the following cases:

1. a sitting at which the Senate shall act as the National Assembly under section 19, section 21, section 22, section 23, and section 189, and the votes taken shall be based on the number of senators;
2. a sitting at which the Senator shall consider having a person hold any office under applicable provisions of this Constitution;
3. a sitting at which the Senate shall consider and pass a resolution removing a person from office.

Section 133

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 134

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 organic law bills and 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, and other related matters. The House of Representatives and the Senate also have the power to make the rules of procedure governing codes of ethics of members and committee members, and other matters for the execution of this Constitution.

Section 135

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. Such power shall be enforceable by law, but shall not be applicable to magistrates or judges who perform their duties concerning the trial and adjudication of legal proceedings or the personnel administration of each Court, nor to the Ombudsmen and members of independent organizations under this Constitution, who perform their duties as provided by this Constitution or by organic Acts, as the case may be.

In the case where the person under paragraph two is a Government official, official or employee of State agency, State enterprise or local government organization, 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 130 shall also extend to the persons performing their duties under this section.

The number of members of a standing committee appointed solely from members of the House of Representatives shall be in proportion to or in close proportion to the number of members of the House of Representatives of each political party or group of political parties in the House of Representatives.

In the absence of the rules of procedure of the House of Representatives under section 134, the President of the House of Representatives shall determine the proportion under paragraph five.

Part 5. Joint Meetings Of the National Assembly

Section 136

A joint sitting of the National Assembly shall take place for the following purposes:

1. Approval of the appointment of Regent under Section 19;
2. Declaration of the Regent under Section 21;
3. Acknowledgement of amendments in the Palace Law regarding succession to the throne, B.E. 2497 under Section 22;
4. Acknowledgement or approval of the succession to the throne under Section 23;
5. Resolution to allow the National Assembly to discuss other matters during an ordinary legislative session under Section 127;
6. Approval of prorogation of the session under Section 127;
7. Opening of a session under Section 128;
8. Enactment of regulations on the sitting of the National Assembly under Section 137;
9. Approval to consider organic Bills or Bills under Section 145;
10. Advising on Bills or organic Bills under Section 151;
11. Approval to consider amendment to the Constitution, Bills, and organic Bills under Section 153 paragraph two;
12. Announcement of policy under Section 176;
13. Opening of a general debate under Section 179;
14. Approving declaration of war under Section 189;
15. Listening to clarification and approving a treaty under Section 190;
16. Amending the Constitution under Section 291.

Section 137

In a joint sitting of the National Assembly, the rules of procedure of the National Assembly shall apply. In the absence of such rules, the rules of procedure of the House of Representatives shall apply mutatis mutandis.

In a joint sitting of the National Assembly, the provisions for both Houses shall apply mutatis mutandis, except in forming committees. The committee members from each House shall be closely proportional to the respective total number of the existing members of both Houses.

Part 6. Legislating Organic Bills

Section 138

Enactment of Organic Bills requires the recommendation and approval of the National Assembly as follows:

1. Organic Act on election of members of the House of Representatives and selection of the Senate;
2. Organic Act on the Election Commission;
3. Organic Act on political parties;
4. Organic Act on referendum;
5. Organic Act on the Constitutional Court’s procedure;
6. Organic Act on the Ombudsman;
7. Organic Act on the criminal procedure for holders of political positions;
8. Organic Act on counter corruption;
9. Organic Act on State audit.

Section 139

Organic Bills can only be proposed by:

1. The Council of Ministers
2. Members of the House of Representatives numbering not less than one fifth of the existing members in the House, or the combination of the House of Representatives and the Senate with members numbering not less than one fifth of the existing members of the two Houses combined; or
3. The Constitutional Court, the Supreme Court, or statutory bodies, who are care-taker government under the relevant organic Act.

Section 140

Consideration of the organic Bill on the House of Representatives and the Senate shall be conducted in three stages or readings as follows:

1. In Stage 1, the vote concerns acceptance of the proposed Bill in principle. In Stage 2, the order of Sections is considered and the passage is based on a simple majority in each House.
2. In Stage 3, the proposed Bill must receive votes exceeding one half of the existing members of each House for it to become an Act.

The provisions in Part 6 of Chapter 7 on enactment of organic Bills shall apply mutatis mutandis.

Section 141

When the National Assembly has approved an organic Bill, before presenting it to the King for signature, a copy shall be sent to the Constitutional Court to ascertain whether it is consistent with the Constitution, which has to be completed within 30 days from the date the document is received.

If the Constitutional Court rules that the organic Bill contains a point or points in conflict with the Constitution, the said point(s) shall be dropped. If the decision says the important substances of the organic Bill contravene the provisions in the Constitution, then the entire Bill shall be rejected.

In cases of rejected Bill by the Constitutional Court that made the organic Bill dropped under paragraph 2, this organic Bill shall be sent back to the House of Representative and the Senate for adjustment, so that Bill shall not contravene the provision in the Constitution. The proposed Bill must receive votes exceeding one half of the existing members of each House for it to become an Act; and the Prime Minister shall proceed in accordance with Section 90, section 150 or Section 151 as the case may be.

Part 7. Legislative Process

Section 142

By virtue of Section 139, a Bill may be proposed only by:

1. Council of Ministers,
2. Members of the House of Representatives of no fewer than 20,
3. Courts or statutory agencies, only for laws connected with establishment of agencies and laws under the care of these agencies, or
4. Eligible voters of no fewer than 10,000 who sign a petition to propose legislation under Section 163.

If the Bill proposed by persons under (2), (3), and (4) is connected with money, it has to be endorsed by the Prime Minister.

If the propose by eligible voters under (4), and other person under (1), (2) provide the same Bill, the Bill under section 163 paragraph 4 has to be presented too.

A Bill has to propose first to the House of Representatives.

In proposing a Bill under paragraph one, it is necessary to attach to the proposed Bill, records of analysis and summary of the key points.

The Bill presented to the National Assembly must be disclosed to the public and the people must be able to have ready access to its detailed contents.

Section 143

A money Bill means the Bill concerns any one of the matters listed below:

1. Imposition, abolition, reduction, alteration, relief or regulations about taxes or duties;
2. Appropriations, receipts, maintenance, spending of State moneys, or transfer of State budgets;
3. Borrowing, guaranteeing, uses of loans, or commitment of State assets; and
4. Currency.

If in doubt whether the proposed Bill concerns money, which, if it does, shall require Prime Minister’s endorsement, the decision shall be left to the power of a joint sitting between the President of the House of Representatives and the Chairs of all the Parliamentary Standing Committees.

The President of the House of Representatives shall arrange a joint sitting under paragraph two within 15 days from the day the issue arises.

The resolution of the joint sitting under paragraph two shall be based on a simple majority. If the votes for and against are equal, the President of the House of Representatives shall have the casting vote.

Section 144

For any Bill or organic Bill introduced by members of the House of Representatives which, at the stage of adopting its principle, was not a money Bill, but after amendment by the House, the President of the House decides it has the characteristics of a money Bill, the President of the House shall temporarily suspend the consideration of the Bill. Within fifteen days of the suspension, he or she shall refer it to a joint sitting of the President of the House and Chairs of all the Standing Committees to make a decision thereon.

If the joint sitting confirms under paragraph one that the amendment has made the Bill bear the characteristics of a money Bill, the President of the House of Representatives shall send the said Bill to the Prime Minister for endorsement. If the Prime Minister refuses to endorse, then the House of Representatives shall make further amendment so that the Bill is not a money Bill.

Section 145

If a Bill or organic Bill, which the Council of Ministers in its policy statement to the National Assembly under Section 176 said was necessary for the administration of State affairs, is not passed by the House of Representatives, and if the votes against it is less than one-half of the existing members of the House, the Council of Ministers may request the National Assembly to hold a joint sitting to review the resolution. If the joint sitting agrees, the National Assembly shall appoint persons, members or non-members, in equal numbers between the two Houses as specified by the House of Representatives, to form a joint committee of the National Assembly for considering the Bill in question. The joint committee shall then prepare a report and submit the Bill which it has considered to the National Assembly for approval. If it is approved, the Bill shall move forward under Section 146. Otherwise, it shall lapse.

Section 146

Under Section 168, when the House of Representatives has considered a Bill introduced under Section 142 and voted in favors, the House of Representatives shall submit the Bill in question to the Senate for consideration. The Senate must finish its deliberation within 60 days or within 30 days if it is a money Bill. As a special case, the Senate may however extend the time limit by another 30 days maximum. All the dates must be set with regard to the session time remaining from the day the Bill reaches the Senate.

The said period in paragraph one shall not include the time the Constitutional Court takes to consider the Bill under Section 149.

If the Senate cannot finish consideration of the Bill within the time mentioned in paragraph one, it shall be deemed as if it has approved the Bill.

If the House of Representatives submit a money Bill to the Senate, the President of the House must indicate so. The President of the House of Representatives does say that it is a money Bill. The notification of the President of the House of Representatives shall be considered final.

If the President of the House of Representatives does not say that it is a money Bill, then the Bill shall be regarded as a non-money Bill.

Section 147

By virtue of Section 168, when the Senate has finished consideration of a Bill:

1. If the Senate agrees with the House of Representatives, the Senate shall proceed under Section 150;
2. If the Senate does not agree with the House of Representatives, the Senate shall suspend the Bill and return it to the House of Representatives;
3. If the Bill is amended, the Senate shall send the amended Bill to the House of Representatives. If the House of Representatives agrees with the amendment, the House of Representatives shall proceed under Section 150. In all other cases, each House shall appoint members and non- members of the respective Houses in equal numbers as specified by the House of Representatives to form a joint committee for considering the Bill. The joint committee shall jointly prepare a report and submit the Bill which it has considered to both Houses. If both Houses approve, the Bill shall move forward in accordance with Section 150. If either of the Houses disapproves, the Bill shall be suspended for the time being.

The joint committee may ask for documents from someone or summon him or her to give facts or opinion on the consideration of the Bill. The privilege provided in Section 1304 shall protect whoever acts under this Section as well.

The sitting of the joint committee must have the presence of half the number of committee members to have a quorum. Section 137 shall apply mutatis mutandis.

If the Senate does not return the Bill to the House within the stipulated time under Section 146, it shall be considered as if the Senate approves and the Bill shall move forward under Section 150.

Section 148

A Bill suspended under Section 147 may be reconsidered only after a lapse of 180 days from the date the Senate sent it back to the House of Representatives, if suspended under Section 147 (2), or from the date of rejection by one or the other House if suspended under Section 147 (3). In such cases, if the House of Representatives reaffirms in a motion to keep the original Bill or the one the joint committee has adopted with votes of more than half the number of the existing members of the House of Representatives, then the Bill shall be considered approved and shall proceed according to Section 150.

If the suspended Bill is about money, the House of Representatives may reconsider it afresh immediately. In such cases, if the House of Representatives stand firm on the original Bill or the one the joint committee has adopted with a vote of more than half the number of the existing members of the House of Representatives, then the Bill shall be considered approved and shall proceed in accordance with Section 150.

Section 149

During the period of suspension under Section 147, the Council of Ministers or members of the House of Representatives shall not introduce Bills of the same or similar principle.

If the House of Representatives or the Senate think the new Bill introduced or submitted for their consideration has the same or similar principle to the suspended Bill, the President of the House of Representatives or the President of the Senate shall submit it to the Constitutional Court for review. If the Constitutional Court concurs, then the Bill shall be considered to have lapsed.

Section 150

After the Bill is approved by the House of Representatives and within 20 days from the day it was received from the National Assembly, the Prime Minister shall submit it to the King for His signature. And immediately following its announcement in the Government Gazette, the Bill shall be in force as law.

Section 151

If the King refuses His assent to a bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of the 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 152

In considering a bill the substance of which is decided by the President of the House of Representatives to be concerned with children, youth, women, older persons, 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 organizations concerned with the respective types of persons, of not less than one-third of the total number of members of the committee, and with a close proportion of male and female members.

Section 153

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 to which the King has refused His assent or which have not been returned by the King within ninety days, shall lapse.

In the case where the term of the House of Representatives expires or where the House of Representatives is dissolved, the National Assembly, the House of Representatives or the Senate, as the case may be, may, after a general election of members of the House of Representatives, continue the consideration of the draft Constitution Amendment or the 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 or bill shall lapse.

The further consideration of the draft Constitution Amendment or the bill under paragraph two shall be in accordance with the rules of procedure of the House of Representatives, the Senate or the National Assembly, as the case may be.

Part 8. Control Of Enactment Contravening the Constitution

Section 154

Before the Prime Minister submits a Bill passed by the National Assembly to the King for His signature under Section 150 or before re-submitting a Bill that the National Assembly has reaffirmed under Section 151, the following shall be done:

1. If members of the House of Representatives, of the Senate, or the two Houses combined numbering not less than one-tenth of the existing members of the two Houses combined find anything contradicting the Constitution in the Bill, or if its passage is procedurally unconstitutional, they shall express their opinion to the President of the House of Representatives, the President of the Senate, or the President of the National Assembly as the case may be, and cause him or her to submit that opinion to the Constitutional Court for consideration and notify the Prime Minister without delay.
2. If the Prime Minister thinks the said Bill contains something that is in conflict with this Constitution or is procedurally unconstitutional, he shall submit such opinion to the Constitutional Court for consideration and notify the President of the House of Representatives and the President of the Senate without delay.

Pending the decision of the Constitutional Court, the Prime Minister shall suspend the process of announcement in the Government Gazette.

If the Constitutional Court rules that the Bill does contain something in conflict with this Constitution or is procedurally unconstitutional, particularly if the said text is substantively important, the Bill shall be considered to have lapsed.

If the Constitutional Court rules that the Bill contains a passage or passages that contradict this Constitution but do not come into the frame of paragraph 3, the said passage(s) shall be dropped and the Prime Minister shall proceed in accordance with Section 150 or Section 151 as the case may be.

Section 155

The provisions in Section 154 shall apply mutatis mutandis to Bills on the rules of procedure of the House of Representatives, of the Senate, and of the National Assembly, which have been approved by the House of Representatives, the Senate, or the National Assembly as the case may be, but have not been announced in the Government Gazette.

Part 9. Control Of the Administration Of State Affairs

Section 156

Every member of the House of Representatives and of the Senate has the right to question a Minister or Ministers about work under their responsibility. However, the Minister or Ministers have the right not to answer if the Council of Ministers decides it is not yet time to disclose on ground that the matter concerns national security or interests.

Section 157

In administering the State affairs, an important problem, which affects national or public interest and attracts public attention, may arise and become a matter of urgency. [In the circumstances], a member of the House of Representatives may notify the President of the House in writing before the sitting of the day begins that he or she wishes to question the Prime Minister or Minister concerned with the issue without having to specify the question but asking the President of the House to enter the said item in the agenda of the day.

Interpellation or ministerial questioning may take place once a week, allowing a member of the House of Representatives to orally ask no more than three questions in accordance with the rules of procedure of the House of Representatives.

Section 158

Members of the House of Representatives of no less than one-fifth of the existing members of the House shall have the right to call for a general debate of no-confidence in the Prime Minister. The said motion must propose a suitable replacement, with qualifications specified in Section 171 paragraph two. After the motion is lodged, it is not permitted to dissolve the House unless the motion is withdrawn or the motion is not carried under paragraph three.

A motion for a general debate under paragraph one shall not be permitted without first submitting a petition under Section 271, specifically if it concerns the conduct of the Prime Minister who has become “unusually rich” through apparent misfeasance or for deliberate defiance of the provisions of the Constitution or law. When the petition is submitted under Section 271, the proceedings shall move forward without having to wait for the results of the action under Section 272.

When the general debate has ended without passing the motion of no- confidence, such a resolution shall not be on the same day the general debate ends. For the motion of no-confidence to be carried, it must have votes exceeding half the number of the existing members of the House.

Where the votes is less than half the number of the existing members of the House of the House of Representatives, those proposing the motion shall have no right to call another debate of no-confidence the rest of the session.

Where the votes exceed one-half of the existing members of the House, the President shall submit the proposed name under paragraph one to the King for His appointment. He or she shall not apply Section 172.

Section 159

Members of the House of Representatives of not less than one-sixth 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 158, paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.

The Minister who has vacated his office but is still holding another ministerial position after the members of the House of Representatives submits the motion under paragraph one shall still be subject to the debate for the purpose of passing a vote of no-confidence under paragraph one.

The provision of paragraph two shall apply mutatis mutandis to the Minister who has vacated his office for less than a period of ninety days when the members of the House of Representatives submit the motion under paragraph one, and who is still holding another ministerial position.

Section 160

In the case where the number of members of the House of Representatives are not members of political parties to which ministers belong is insufficient to submit a motion for the purpose of passing a vote of no-confidence under section 158 or section 159, members of the House of Representatives of more than half of the total number of the existing members shall have the right to submit a motion for the purpose of passing a vote of no-confidence on the prime minister or an individual minister under section 158 or section 159 after the Council of Ministers has been in office for more than two years.

Section 161

Senators of not less than one-thirds 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 162

In a sitting of the House of Representatives or the Senate during which an interpellation is raised concerning the carrying out of duties by ministers or in the case of a general debate of no- confidence in the prime minister or individual ministers is held, the prime minister or minister subject to the no-confidence debate shall have the duty to attend such sitting to answer such an interpellation in person, except if they are unavoidably prevented from attending such a sitting, for which they must notify the President of the House of Representatives and the president of the Senate in advance or on the day of such sitting.

Members of the House of Representatives shall be free from resolutions adopted by political parties in raising an interpellation, engaging in a debate, and voting in a no-confidence debate.