Thailand 2014 Constitution - Page 4 of 9

Section 20

The Prime Minister and Minister shall have the qualifications and not being under the prohibitions as follows:

being of Thai nationality by birth;
being of not less than forty years of age;
having graduated with not lower than a Bachelor’s degree or its equivalent;
not being or having been a member of a political party within three years prior to the date of appointment, and not being under the prohibitions under section 8;
not being a member of the National Legislative Assembly, the National Reform Council, the Constitution Drafting Committee or local assembly or local administrator;
not being a judge of the Constitutional Court, a judge of any Court, a State Attorney, a commissioner of the Election Commission, an Ombudsman, a commissioner of the National Counter Corruption Commission, a commissioner of the State Audit Commission, the Auditor-General or a member of the Human Rights Commission.

The Prime Ministership or the Ministership terminates upon disqualifications or being under the prohibitions under paragraph one or upon the provisions of section 9 (1) or (2).

Section 21

In case of emergency and necessary urgency in order to maintain national security, public safety, national economic security or to avert public calamity or there is necessary to have a law on taxes, duties or currency which requires an urgent and confidential deliberation, the King has the prerogative to issue an Emergency Decree which shall have the force as an Act.

When the Emergency Decree comes into force, the Council of Ministers shall introduce such Emergency Decree to the National Legislative Assembly without delay. If the National Legislative Assembly approves such Emergency Decree, it shall continue to have the force as an Act. In case of disapproval, such Emergency Decree shall lapse. In this case, the lapsed Emergency Decree shall not affect any act done through the period of its enforcement. If the lapsed Emergency Decree has the effect of amending or repealing any provision of any Act, the provision that in force before the amendment or repeal shall continue to be in force as from the day such Emergency Decree had lapsed.

An approval or disapproval of the Emergency Decree shall be published in the Government Gazette. In case of disapproval, it shall be effective as from the date of its publication in the Government Gazette.

Section 22

The King has the prerogative to issue a Royal Decree which is not contrary to the law, the prerogative to grant a pardon and other prerogatives in accordance with the constitutional convention under a democratic regime of government with the King as the Head of State.

Section 23

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

A treaty which provides for a change of the territories of Thailand or the external territories that Thailand has sovereign rights or jurisdiction thereon under any treaty or an international law, or requires an enactment of an Act for its implementation or has wide scale effects on economic or social security of the country, shall be approved by the National Legislative Assembly. In this case, the National Legislative Assembly shall complete its deliberation within sixty days as from the date of receipt of such matter.

The treaty with wide scale effects on economic or social security of the country under paragraph two means a treaty related to free trade or customs cooperation area, to the use of natural resources, to waive the rights in any natural resources of the country, wholly or partly, or other matters as prescribed by law.

If there is in doubt whether any treaty is a treaty under paragraph two or paragraph three, the Council of Ministers may request the Constitutional Court to make a decision thereon. In this case, the Constitutional Court shall have a decision within thirty days as from the date of receipt of the request.

Section 24

The King appoints and removes officials in the military service and civil service who hold positions of Permanent Secretary of State, Director-general and their equivalents, judges, positions of the Constitutional Organs established by the Constitution of the Kingdom of Thailand B.E. 2550 (2007) and other officials as prescribed by laws, except in the case where they vacate office upon death.

Section 25

All laws, Royal Manuscripts and Royal Commands related to State affairs shall be countersigned by a Minister; provided that otherwise prescribed by this Constitution.