Thailand 2007 Constitution

Chapter IX. The Council of Ministers

Section 171

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 on the principle of collective responsibility.

The Prime Minister shall be a member of the House of Representatives, being elected under the provisions of section 172.

The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.

The Prime Minister shall not serve in office more than eight years.

Section 172

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 127.

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 than one-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 173

In the case where the period of thirty days as from the date the National Assembly is convoked for the first sitting of members of the House of Representatives has elapsed and no one has been approved for appointment as Prime Minister under section 172 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 174

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 102 (1), (2), (3), (4), (6), (7), (8), (9), (11), (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, except for an offense committed through negligence or a petty offense;
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.

Section 175

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 176

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 and explain its administration by the directive principles of fundamental state policies under section 75; provided that no vote of confidence shall be passed. After its statement of policies to the National Assembly, the Council of Ministers shall prepare an annual plan for the administration of State affairs in accordance with the provisions of Section 76.

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 177

A minister has the right to attend and give statements of fact or opinions at a sitting of the House. 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 130 shall apply mutatis mutandis.

During the sitting of the House of Representatives, if a Minister is concurrently a member of the House, he or she is prohibited to vote in connection with his or her being in office, his or her performance of duties, or his or her being party to the loss or benefits in that matter.

Section 178

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 176, 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 179

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 180

Ministers vacate office en masse upon:

1. the termination of ministership of the Prime Minister under section 182;
2. the expiration of the term or the dissolution of the House of Representatives;
3. the resignation of the Council of Ministers.

In the case where the ministership of the Prime Minister terminates under section 182 (1), (2), (3), (4), (5), (7), or (8), the procedure under section 172 and section 173 shall apply mutatis mutandis.

Section 181

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 section 180 (2), the Council of Ministers and ministers shall perform duties as necessary under the following conditions:

1. shall not exercise its power to appoint, transfer, dismiss, or have someone else perform the duties of a government official holding a permanent position or receiving a salary, or an official of a State agency, a State enterprise, or an enterprise, of which the State is a major shareholder, except with the approval of the Election Commission.
2. shall not take any action requiring the spending of a reserve budget set aside for cases of emergency or necessity, except with the approval of the Election Commission.
3. shall not take any action approving a work or project, or binding on the next Council of Ministers.
4. shall not exploit the State’s resources or manpower in a way that will affect the results of the next election or be in contradiction to the rules and regulations of the Election Commission.

Section 182

The ministership of an individual Minister terminates upon:

1. death;
2. resignation;
3. being sentenced to imprisonment even though the case has not been finalized, or in the case of the suspension of a jail term, except for such a case being an offense committed through negligence, a petty offense, or an offense of defamation;
4. being sentenced by a judgment to imprisonment;
5. the passing of a vote of no-confidence by the House of Representatives under section 158 or section 159;
6. the issuance of a Royal Command for the removal of a Minister from his or her office under section 183;
7. having done an act prohibited by section 267, section 268, or section 209;
8. being removed from office by a resolution of the Senate under section 274.

Aside from the causes of the termination of the individual ministership under paragraph one, the ministership of Prime Minister terminates upon the expiration of term under section 171, paragraph four.

The provisions of section 91 and section 92 shall apply to the termination of the ministership under (2), (3), (5) or (7), or under paragraph two. The Election Commission shall also be empowered to submit this case to the Constitutional Court for decision.

Section 183

The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.

Section 184

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 one shall 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 comes into effect.

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 185

Before the House of Representatives or the Senate approves an Emergency Decree under section 184 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 184, paragraph one or two, and the President of the House who receives such opinion shall then refer it to the Constitutional Court, within thirty days as from the day such opinion is received, 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 184, paragraph one or two, 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 184, paragraph one or two, must be given by votes of not less than two-thirds of the total number of members of the Constitutional Court.

Section 186

If, during a session, it is necessary to have a law on taxes, duties or currency, which, in the interests of the State, requires an 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 section 184 shall apply mutatis mutandis.

Section 187

The King has the prerogative to issue a Royal Decree which is not contrary to the law.

Section 188

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 189

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 190

The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organizations.

A treaty that provides for a change in the Thai territories, the extraterritorial areas in which the Kingdom has a sovereign right, or any jurisdictional area the Kingdom has acquired through treaty or through international law, or requires the enactment of an Act for its implementation, or has extensive impacts on the country’s economic and social stability, or has significant bindings on trade, investment, or national budget, must be approved by the National Assembly. This approval of the National Assembly shall be made within sixty days as from the day such a treaty is received.

Prior to the conclusion of a treaty with other countries or international organizations under paragraph two, the Council of Ministers shall publicize relevant information, make arrangement for a public hearing on the matter, and provide clarification of such a treaty to the National Assembly, in which the Council of Ministers is required to propose the negotiation framework to the National Assembly for approval.

After the signing of the treaty under paragraph two, the Council of Ministers, before expressing its intent for any bindings, shall provide access to the details of the treaty to the public. In a case where the implementation of such a treaty will affect the people or the small or medium sized entrepreneurs, the Council of Ministers shall take actions to make corrections or help the affected individuals in a timely, suitable, and fair manner.

A law shall be enacted on the procedures of the conclusion of a treaty having extensive impacts on the country’s economic and social stability, or having significant bindings on trade or investment, including actions to make corrections or help the individuals affected by the observance of such a treaty with consideration of fairness between those benefiting the observance of the treaty and those affected by it, and of people.

In the case where a problem occurs under paragraph two and cannot be resolved, the Constitutional Court shall have the power to make a final decision. Provisions under section 154 (1) shall be applied mutatis mutandis to the petition of the case to the Constitutional Court for decision.

Section 191

The King has the prerogative to grant a pardon.

Section 192

The King has the prerogative to remove titles and recall decorations.

Section 193

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 194

A Government official or an employee of the State 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 195

All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.

All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.

Section 196

Emoluments and other remuneration of Privy Councilors, 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. Such emoluments and remuneration shall not be payable before the day they take their office.

Gratuities, pensions or other remuneration of Privy Councilors who vacate their office shall be prescribed by the Royal Decree.