Thailand 2014 Constitution

Section 1

Thailand is one and indivisible Kingdom.

Section 2

Thailand adopts a democratic regime of government with the King as the Head of State.

The provisions of Chapter II The King of the Constitution of the Kingdom of Thailand B.E. 2540 (2007) which still in force by the Notification of the National Council for Peace and Order No. 11/2557 dated 22nd Day of May B.E. 2557 (2014) shall be continued in force as an integral part of this Constitution, but, subject to section 43 paragraph one, anywhere in those provisions which refer to the National Assembly or the President of the National Assembly shall mean the National Legislative Assembly or the President of the National Legislative Assembly under this Constitution, as the case may be.

Section 3

Sovereign powers belong to Thai people. The King as the Head of State shall exercise such powers through the National Legislative Assembly, the Council of Ministers and the Judiciary under the provisions of this Constitution.

Section 4

Subject to the provisions of this Constitution, all human dignity, rights, liberties and equality of the people protected by the constitutional convention under a democratic regime of government with the King as the Head of State, and by international obligations bound by Thailand, shall be protected and upheld by this Constitution.

Section 5

Whenever no provision under this Constitution is applicable to any case, it shall be done or decided in accordance with the constitutional convention under a democratic regime of government with the King as the Head of State, but such constitutional convention shall not contrary to, or inconsistent with, this Constitution.

In the case where the question concerning the decision under paragraph one arises in the affairs of the National Legislative Assembly, it shall be decided by the National Legislative Assembly. If the question does not arise in the affairs of the National Legislative Assembly, the National Council for Peace and Order, the Council of Ministers, the Supreme Court or the Supreme Administrative Court may request the Constitutional Court to make decision thereon, but the request of the Supreme Court or the Supreme Administrative Court shall be approved by the plenary session of the Supreme Court or the Supreme Administrative Court and on the matter related to the trial and adjudication of cases.

Section 6

There shall be the National Legislative Assembly, consisting of not more than two hundred and twenty members as appointed by the King from the persons of Thai nationality by birth of not less than forty years of age in accordance with the recommendation of the National Council for Peace and Order.

The National Legislative Assembly shall act as the House of Representatives, the Senate and the National Assembly.

Section 7

In making of recommendation for the appointment of the members of the National Legislative Assembly, regard shall be had to knowledge, experience and varieties of persons from various groups in public sector, private sector, social sector, academic sector, professional sector and other sectors which may be beneficial to the performance of duties of the National Legislative Assembly.

Section 8

A member of the National Legislative Assembly shall not be under the prohibitions as follows:

1. being or having been a person holding any position in a political party within three years prior to the date of appointment as a member of the National Legislative Assembly;
2. being a Buddhist priest, novice, monk or clergy;
3. being bankrupt or having been dishonestly bankrupt;
4. having been under suspension of the right to vote;
5. having been expelled, dismissed or removed from official service, State agency or State enterprise on the grounds of dishonest performance of duties or deemed as having committed dishonest acts or malfeasance in official service;
6. having been ordered by a judgment or an order of the Court that his assets shall vest in the State on the grounds of unusual wealth or an unusual increase of assets;
7. being under suspension of the right to hold political position or having been removed from office;
8. having been sentenced by a final and conclusive judgment for an offence related to malfeasance in office, an offence related to malfeasance in judicial office, an offence related to narcotics drugs or an offence related to gambling as he was a croupier or host;
9. having been sentenced by a final judgment to imprisonment except for an offence committed through negligence or a petty offence.

No member of the National Legislative Assembly shall be a member of the National Reform Council or a Minister at the same time.

Section 9

A member of the National Legislative Assembly vacates office upon:

1. death;
2. resignation;
3. being disqualified under section 6 paragraph one or being under the prohibitions under section 8;
4. being removed from office by the resolution of the National Legislative Assembly under section 12;
5. failing to vote at the meeting of the National Legislative Assembly more than the number of votes as prescribed by the rule of the National Legislative Assembly on meeting.

A question related to vacating from office of a member of the National Legislative Assembly under paragraph one shall be decided by the National Legislative Assembly.