Section 42
The National Council for Peace and Order under the Notification of the National Council for Peace and Order No. 6/2557 dated 22nd Day of May B.E. 2557 (2014) shall be the National Council for Peace and Order to exercise the powers and duties under this Constitution.
In case of necessity for the benefit of the performance of duties, the Head of the National Council for Peace and Order may change or add a person holding position in the National Council for Peace and Order, but the total number of members shall not exceed fifteen members. In this case, the Head of the National Council for Peace and Order may order any agency to be secretariat unit of the National Council for Peace and Order as appropriate.
If the National Council for Peace and Order is of opinion that the Council of Ministers should perform any matter under its powers and duties under section 19, the National Council for Peace and Order shall inform the Council of Ministers to proceed therewith.
If it is appropriate, the Head of the National Council for Peace and Order or the Prime Minister may ask for joint sitting between the National Council for Peace and Order and the Council of Ministers so as to consider or solve any problem related to the maintenance of peace and order or national security or to consider any other matter from time to time.
Section 43
Before the existence of the National Legislative Assembly, if any law prescribes as to whether any matter shall be approved or acknowledged by the House of Representatives, the Senate or the National Assembly, the Head of the National Council for Peace and Order shall have the power to give approval or to acknowledge such matter in place of the House of Representatives, the Senate or the National Assembly.
Prior to the date the Council of Ministers under this Constitution takes office, all powers and duties of the Prime minister and the Council of Ministers shall be exercised by the Head of the National Council for Peace and Order.
Section 44
In the case where the Head of the National Council for Peace and Order is of opinion that it is necessary for the benefit of reform in any field and to strengthen public unity and harmony, or for the prevention, disruption or suppression of any act which undermines public peace and order or national security, the Monarchy, national economics or administration of State affairs, whether that act emerges inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the powers to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order. In this case, that order, act or any performance in accordance with that order is deemed to be legal, constitutional and conclusive, and it shall be reported to the National Legislative Assembly and the Prime Minister without delay.
Section 45
Subject to section 5 and section 44, the jurisdiction of the Constitutional Court is to decide whether any law is contrary to, or inconsistent with, this Constitution as well as the jurisdiction conferred thereto by the Organic Act on Ombudsmen and the Organic Act on Political Party. In case of the Ombudsmen, the matter to be submitted to the Constitutional Court is restricted to the matter that any law is contrary to, or inconsistent with, this Constitution.
The rules of procedure and judgment of the Constitutional Court shall be in accordance with the law on such matter. In the absence of that law, it shall be made in accordance with determinations of the Constitutional Court on rules of procedure and judgment which is in force prior to the date this Constitution comes into force if it is not contrary to, or inconsistent with, the provisions of paragraph one or this Constitution.
Section 46
In case of necessity and appropriateness, the Council of Ministers and the National Council for Peace and Order shall have joint resolution to amend this Constitution and propose the draft Constitution Amendment to the National Legislative Assembly for approval.
The National Legislative Assembly shall approve or disapprove the draft Constitution Amendment within fifteen days as from the date of receipt of the draft Constitution Amendment.
The National Legislative Assembly is unable to amend the draft Constitution Amendment, except where the Council of Ministers and the National Council for Peace and Order agree upon.
The approval shall be made by a majority of votes of the existing members of the National Legislative Assembly.
If the National Legislative Assembly approves the draft Constitution Amendment, the Prime Minister shall present the draft Constitution Amendment to the King for His signature within fifteen days as from the date the approval has been given. When His signature has been given, the draft Constitution Amendment shall come into force as the Constitution upon its publication in the Government Gazette. The Prime Minister shall countersign His Royal Command. In this case, section 37 shall apply mutatis mutandis.
