Thailand 2017 Constitution

TRANSITORY PROVISIONS

Section 262

The Privy Council holding office on the date of the promulgation of this Constitution shall be the Privy Council under the provisions of this Constitution.

Section 263

Pending the formation of the House of Representatives and the Senate under this Constitution, the National Legislative Assembly established under the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) shall continue to act as the National Assembly, the House of Representatives and the Senate, and the Members of the National Legislative Assembly holding office on the day prior to the date of promulgation of this Constitution shall act as Members of the House of Representatives or Senators, respectively, under the provisions of this Constitution. The National Legislative Assembly and membership thereof shall terminate on the day prior to the date of convocation of the first sitting of the National Assembly after the general election held under this Constitution.

Apart from having the qualifications and not being under any of the prohibitions under the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014), members of the National Legislative Assembly must also have the qualifications, and must neither be under any of the prohibitions nor be subject to the grounds for termination of membership as provided for Members of the House of Representatives and Senators under this Constitution, as follows:

1. section 98, except (3), (12), (13), (14) and (15);
2. section 101, except:
   1. the case under (6) only in the part relevant to section 98, except (3), (12), (13), (14) and (15);
   2. the case under (7) only in the case where the member of the National Legislative Assembly is a State official acting in accordance with the duties and powers under the law or lawful order, and in the part relevant to section 184 (1);
3. section 108, except a. qualifications (3) and (4) and b. prohibitions (1), (2) and (7); however, the case under (1) does not include the part relevant to section 98 (3) and (15).

Section 112 shall not apply to the holding of the position of Minister by a Member of the National Legislative Assembly.

The provisions of any law which prohibit a person from holding a political position shall not apply to the holding of a ministerial position under section 264, the position of a political official appointed for the purpose of the performance of duties of the Council of Ministers under section 264 or for the purpose of the performance of duties of the National Council for Peace and Order under section 265, or a member of the National Legislative Assembly under this section.

While the National Legislative Assembly is acting as the National Assembly, the House of Representatives and the Senate under paragraph one, the powers of the President of the National Assembly, President of the House of Representatives and President of the Senate under this Constitution or the law shall be the powers of the President of the National Assembly.

While the National Legislative Assembly is performing duties under paragraph one, if a position becomes vacant, the Head of the National Council for Peace and Order may report to the King for appointing a person who has the qualifications and is not under any of the prohibitions under paragraph two as a Member of the National Legislative Assembly.

In the first general election subsequent to the date of the promulgation of this Constitution, a Member of the National Legislative Assembly may not stand as a candidate for a Member of the House of Representatives, except by vacating office of the Member of the National Legislative Assembly within ninety days from the date of promulgation of this Constitution.

Section 264

The Council of Ministers administering State affairs on the day prior to the date of promulgation of this Constitution shall be the Council of Ministers under the provisions of this Constitution until the new Council of Ministers appointed subsequent to the first general election under this Constitution assumes its duties. The provisions in section 263 paragraph three shall apply to the holding of position of Minister mutatis mutandis.

Apart from having the qualifications and not being under any of the prohibitions under the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014), the Minister under paragraph one must not be under any of the prohibitions provided for a Minister under section 160, except (6) only in the part relevant to section 98 (12), (13), (14) and (15), and must vacate office pursuant to section 170, except for (3) and (4); however, in the case under (4), only in the part relating to section 98 (12), (13), (14) and (15), and except for section 170 (5) only in the part relating to the undertaking under section 184 (1).

An appointment of a Minister during the time period under paragraph one shall be carried out in accordance with the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) as amended by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558 (2015) and the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 2), B.E. 2559 (2016). However, the Minister must not be under any of the prohibitions under paragraph two.

The provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a Member of the House of Representatives of the Minister under paragraph one and paragraph three mutatis mutandis.

Section 265

The National Council for Peace and Order holding office on the day prior to the date of promulgation of this Constitution shall remain in office to perform duties until the new Council of Ministers appointed subsequent to the first general election under this Constitution takes office.

While performing the duties under paragraph one, the Head of the National Council for Peace and Order and the National Council for Peace and Order shall continue to have the duties and powers as provided in the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) as amended by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558 (2015) and the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 2), B.E. 2559 (2016); the provisions of the Constitution of the Kingdom of Thailand that pertain to the powers of the Head of the National Council for Peace and Order and the National Council for Peace and Order shall be deemed to remain in force.

The provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a Member of the House of Representatives of a person holding office in the National Council for Peace and Order mutatis mutandis.

Section 266

The National Reform Steering Assembly shall continue to perform duties for the time being to prepare recommendations relating to the steering of national reform until there is a law on plans and processes for the implementation of national reform enacted in accordance with section 259.

For the purpose of steering national reform, the Head of the National Council for Peace and Order may restructure or adjust work methods of the National Reform Steering Assembly so as to enhance the efficiency of national reform pursuant to Chapter XVI National Reform.

The provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a Member of the House of Representatives of a Member of the National Reform Steering Assembly mutatis mutandis.

Section 267

The Constitution Drafting Committee established under the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) as amended by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558 (2015) and the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 2), B.E. 2559 (2016) shall continue to perform duties in completing the preparation of the following organic law bills for submission to the National Legislative Assembly for further consideration and approval:

1. Organic Act on Election of Members of the House of Representatives;
2. Organic Act on Installation of Senators;
3. Organic Act on Election Commission;
4. Organic Act on Political Parties;
5. Organic Act on Procedures of the Constitutional Court;
6. Organic Act on Criminal Procedure for Persons Holding Political Positions;
7. Organic Act on Ombudsmen;
8. Organic Act on Anti-Corruption;
9. Organic Act on State Audit;
10. Organic Act on National Human Rights Commission.

In the undertaking under paragraph one, the Constitution Drafting Committee may prepare new drafts of such organic acts or amendments in order to be consistent with the provisions and intent of the Constitution with the aim of elimination of all forms of dishonest acts and wrongful conducts, and must complete the undertaking within two hundred and forty days from the date of promulgation of this Constitution. When the National Legislative Assembly has completed the consideration of the organic law bills under paragraph one, the Constitution Drafting Committee shall vacate office, but such vacation must not be later than the vacation of office of Members of the National Legislative Assembly under section 263.

For the purposes of performing the undertakings under paragraph one and paragraph two in an efficient and expeditious manner, the Constitution Drafting Committee may request the Head of the National Council for Peace and Order to appoint additional Members of the Constitution Drafting Committee. However, the total number of the members must not exceed thirty persons.

In considering the organic law bills under paragraph one, upon receiving an organic law bill from the Constitution Drafting Committee, the National Legislative Assembly must complete the consideration thereof within sixty days from the date on which each organic law bill is received. In the case where the National Legislative Assemble fails to complete the consideration of an organic law bill within such time period, it shall be deemed that the National Legislative Assembly approves the organic law bill as submitted by the Constitution Drafting Committee.

When the National Legislative Assembly has completed the consideration of an organic law bill, it shall submit that organic law bill to the Constitutional Court or the relevant Independent Organ and the Constitution Drafting Committee for consideration. If the Constitutional Court, or the relevant Independent Organ or the Constitution Drafting Committee is of the opinion that such organic law bill does not conform to the intent of the Constitution, it shall notify the President of the National Legislative Assembly within ten days from the date of receipt of that organic law bill. The National Legislative Assembly shall appoint one ad hoc committee consisting of eleven members, viz. the President of the Constitutional Court or the President of the relevant Independent Organ, five Members of the National Legislative Assembly and five Members of the Constitution Drafting Committee entrusted by the Constitution Drafting Committee. The committee shall consider the organic law bill and thereafter propose it to the National Legislative Assembly for approval within fifteen days from the date of appointment. If the National Legislative Assembly passes a resolution of disapproval by the votes of more than two-thirds of the total number of the existing Members of the National Legislative Assembly, that organic law bill shall lapse. In the case where the National Legislative Assembly passes a resolution with the votes not exceeding two-thirds thereof, it shall be deemed that the National Legislative Assembly has approved the draft as proposed by the ad hoc committee, and further proceedings under section 81 shall be taken.

For the purpose of eliminating conflicts of interest, Members of the Constitution Drafting Committee shall be prohibited from holding any political position for two years from the date of vacation of office under paragraph two.

Section 268

An election of Members of the House of Representatives under this Constitution shall be held and completed within one hundred and fifty days from the date the Organic Acts under section 267 (1), (2), (3) and (4) come into force.

Section 269

During the initial period, the Senate shall consist of two hundred and fifty members appointed by the King upon the advice of the National Council for Peace and Order. Selection and appointment shall conform to the following rules and procedures:

1. There shall be one Senator Selection Committee consisting of not fewer than nine but not exceeding twelve persons, appointed by the National Council for Peace and Order from persons with knowledge and experience in various areas who are politically impartial, having the duties of nominating suitable persons for appointment as Senators. The nomination shall be in accordance with the following rules and procedures:
   1. The Election Commission shall select two hundred Senators pursuant to section 107 in accordance with the Organic Act on Installation of Senators. This shall be completed not less than fifteen days prior to the date of election of members of the House of Representatives under section 268. The Election Commission shall thereafter present the list of names to the National Council for Peace and Order.
   2. The Senator Selection Committee shall select no more than four hundred persons who have appropriate knowledge and competence deemed beneficial to the performance of duties of the Senate and national reform in accordance with the procedure prescribed by the Senator Selection Committee, and shall thereafter present the list of names to the National Council for Peace and Order. This shall be completed no later than the time period prescribed by (a).
   3. The National Council for Peace and Order shall select fifty persons selected under (a) from the list of names received from the Election Commission and select fifty alternates therefrom, with due and thorough consideration given to persons from different groups. The National Council for Peace and Order shall also select one hundred and ninety-four persons from the list of names received from the selection under (b) to be combined with the Permanent Secretary of the Ministry of Defence, the Supreme Commander, the Commander-in-Chief of the Royal Thai Army, the Commander-in-Chief of the Royal Thai Navy, the Commander-in-Chief of the Royal Thai Air Force and the Commissioner-General of the Royal Thai Police, totaling two hundred and fifty persons. In addition, the National Council for Peace and Order shall select fifty alternates from the list of names received from the selection under (b). These undertakings shall be completed within three days from the date on which the result of the election for members of the House of Representatives under section 268 is announced.
2. The provisions of section 108 b. prohibitions (6) in the part relevant to the past holding of the position of Minister shall not apply to the persons holding the positions of Senator selected under (1) (b); and, section 108 b. prohibitions (2), section 184 (1) and section 185 shall not apply to the persons appointed to be ex officio Senators.
3. The National Council for Peace and Order shall respectfully present the list of names of such two hundred and fifty persons selected under (1) (c) to the King for appointment, and the Head of the National Council for Peace and Order shall countersign the Royal Command.
4. The term of the Senate under this section shall be five years from the date of appointment by the Royal Command. Membership of the Senate commences on the date of appointment by the Royal Command. If a position becomes vacant, the next person in sequential order in the alternate list under (1) (c) shall be elevated to be a Senator to fill the vacancy. The President of the Senate shall take action and countersign the Royal Command. An ex officio Senator shall also vacate office of Senator upon vacating from the position held at the time of appointment as a Senator, and proceedings shall be taken to appoint the person holding the position to be the ex officio Senator. A Senator appointed to fill the vacancy shall hold office for the remaining term of the Senate;
5. While the Royal Command appointing a person from the alternate list as a Senator to fill the vacancy under (4) has not yet been issued, or in the case where there is no person left in the alternate list or there is no person holding office of ex officio Senator due to any reason, the Senate shall consist of the existing Senators.
6. Upon expiration of the term of the Senate in accordance with (4), the proceedings for selection of Senators under section 107 shall be taken. The provisions in section 109 paragraph three shall apply mutatis mutandis.

Section 270

Apart from the duties and powers provided in the Constitution, the Senate under section 269 shall have the duty and power to monitor, recommend and accelerate national reform in order to achieve the objectives under Chapter XVI National Reform, and the preparation and implementation of the National Strategy. In this regard, the Council of Ministers shall report the progress of implementing the national reform plan to the National Assembly every three months.

The bill to be enacted for the implementation of Chapter XVI National Reform shall be submitted to and considered by the joint sitting of the National Assembly.

When the Council of Ministers deems any bill as a bill to be enacted for the implementation of Chapter XVI National Reform, it shall notify the President of the National Assembly and submit such bill thereto. In the case where the Council of Ministers does not notify that the bill is to be enacted for the implementation of Chapter XVI National Reform, if Members of the House of Representatives or Senators deem that such bill is a bill to be enacted for the implementation of Chapter XVI National Reform, the Members of the House of Representatives or Senators comprising not less than one-fifth of the members of each House may sign a joint petition to request the President of the National Assembly to make a decision thereon. Such petition must be submitted prior to the completion of consideration of that bill by the House of Representatives or the Senate, as the case may be.

Upon receiving the request under paragraph three, the President of the National Assembly shall present the matter to a joint committee consisting of the President of the Senate, as the Chairperson, and one Vice-President of the House of Representatives, the Leader of the Opposition in the House of Representatives, one representative from the Council of Ministers and one Chairperson of a standing committee elected by and from Chairpersons of all standing committees of the Senate, as members, to make a ruling thereon.

The ruling of the joint committee under paragraph four shall be made by a majority of votes, and shall be final. The President of the National Assembly shall proceed in accordance therewith.

Section 271

During the initial period within the term of the Senate under section 269, the consideration of a bill withheld by the Senate or the House of Representatives under section 137 (2) or (3) shall be done by a joint sitting of the National Assembly, if such bill relates to:

1. amendment to penalties or elements of malfeasances in public office or in judicial office, or offences of officials in an organisation or agency of the State, if such amendment causes the offender to be exonerated from the offence or be excused from the penalty;
2. a bill that the Senate has resolved, with a vote of not less than two-thirds of the total number of existing members, that such bill seriously affects the administration of justice.

The resolution of the joint sitting of the National Assembly for approval of the bill under paragraph one must be made by the votes of not less than two-thirds of the total number of existing members of the National Assembly.

Section 272

In the period of five years from the date of installation of the first National Assembly under this Constitution, an approval of a person suitable to be appointed as the Prime Minister shall be done in accordance with section 159, except for the consideration and approval under section 159 paragraph one, which shall be done by a joint sitting of the National Assembly, and the resolution approving the appointment of any person as the Prime Minister under section 159 paragraph three must be made by votes of more than one-half of the total number of existing members of both Houses.

During the time under paragraph one, if a Prime Minister cannot be appointed from the persons in the lists submitted by political parties under section 88 due to any reason, and members of both Houses comprising not less than one-half of the total number of existing members of both Houses submit a joint signed petition to the President of the National Assembly requesting the National Assembly to pass a resolution exempting the nomination of the Prime Minister from the persons in the lists submitted by political parties under section 88, in such case, the President of the National Assembly shall promptly convene a joint sitting of the National Assembly. In the case where the National Assembly passes a resolution approving the exemption with votes of not less than two-third of the total number of existing members of both Houses, the procedure under paragraph one shall be undertaken further, in respect of which the persons in the list submitted by political parties under section 88 may or may not be nominated.

Section 273

The judges of the Constitutional Court, the persons holding positions in Independent Organs and the Auditor-General who hold office on the day prior to the date of promulgation of this Constitution shall remain in office to perform duties. When the relevant Organic Acts prepared under section 267 have come into force, the continued holding of office shall be in accordance with such Organic Acts. In the absence of the Organic Acts prepared under section 267, the vacation of office of the judges of the Constitutional Court, the persons holding positions in Independent Organs and the Auditor-General shall be in accordance with the Constitution of the Kingdom of Thailand, B.E. 2550 (2007) and the relevant Organic Acts or laws.

The acts of the Constitutional Court or Independent Organs and the Auditor General shall be in accordance with the laws in force on the day prior to the date of promulgation of this Constitution, insofar as they are not contrary to or inconsistent with the provisions of this Constitution.

Pending the Organic Act on the Procedures of the Constitutional Court, the hearings and rendering of decisions of the Constitution Court shall be in accordance with the Rules of the Constitutional Court in force on the day prior to the date of promulgation of this Constitution, insofar as they are not contrary to or inconsistent with the provisions of this Constitution.

Section 274

The National Broadcasting and Telecommunications Commission under the Act on the Organisation for Frequency Allocations and Regulation of Radio Broadcasting, Television Broadcasting and Telecommunications Businesses, B.E. 2553 (2010) shall be the organisation under section 60 paragraph three. The Council of Ministers shall undertake to amend such Act to be in accordance with the provisions of this Constitution and propose such amendment to the National Legislative Assembly for consideration within one hundred and eighty days from the date of promulgation of this Constitution.

Section 275

The Council of Ministers shall undertake to complete the enactment of the law under section 65 paragraph two within one hundred and twenty days from the date of promulgation of this Constitution, and complete the preparation of the National Strategy within one year from the date on which such law comes into force.

Section 276

The Constitutional Court and Independent Organs shall undertake to formulate the ethical standards under section 219 within one year from the date of promulgation of this Constitution. If the undertaking has not been completed within such period of time, the judges of the Constitutional Court and the persons holding positions in Independent Organs shall vacate their office.

In the case where the judges of the Constitutional Court and the persons holding positions in Independent Organs vacate office under paragraph one, the period of one year under paragraph one shall commence from the date on which the newly appointed judges of the Constitutional Court and persons holding positions in Independent Organs assume office. The provisions in paragraph one shall apply to the newly appointed judges of the Constitutional Court and persons holding positions in Independent Organs mutatis mutandis.

Section 277

Apart from those specifically provided in this Constitution, the Council of Ministers shall propose the laws for implementing section 196, section 198 and section 248 paragraph three to the National Legislative Assembly within one year from the date of promulgation of this Constitution.

Pending the revision of or amendment to the laws for implementing section 196, section 198 and section 248 paragraph three, the Judicial Committee of the Courts of Justice, the Judicial Committee of the Administrative Courts and the State Attorney Committee existing on the day prior to the date of the promulgation of this Constitution shall act as the Judicial Committee of the Courts of Justice, the Judicial Committee of the Administrative Courts and the State Attorney Committee under section 196, section 198 and section 248 paragraph three, as the case may be, for the time being.

Pending the revision of or amendment to the laws for implementing section 248 paragraph four, a State Attorney shall be prohibited from holding a position of director in a State enterprise or other undertakings of the State of similar nature, or from holding any position in a partnership, a company or any other undertaking with objects for sharing profits or income, or being an advisor of a person holding a political position, or holding any other position of the same nature.

Section 278

The Council of Ministers shall undertake to ensure that the State agencies specified by the Council of Ministers complete the preparation of necessary draft laws under section 58, section 62 and section 63, and present them to the National Legislative Assembly within two hundred and forty days from the date of promulgation of this Constitution, and the National Legislative Assembly shall complete its consideration within sixty days from the date of receipt of such bill.

In the case where several agencies are involved, the Council of Ministers shall specify the period of time within which each agency must complete its undertaking in accordance with the necessity of each agency, provided that such period, in total, must not exceed the period of two hundred and forty days under paragraph one.

In the case where a State agency under paragraph one fails to complete its undertaking within the period of time under paragraph two, the Council of Ministers shall order the head of such State agency to vacate office.

Section 279

All announcements, orders and acts of the National Council for Peace and Order or of the Head of the National Council for Peace and Order which are in force on the day prior to the date of promulgation of this Constitution or will be issued under section 265 paragraph two, irrespective of their constitutional, legislative, executive or judicial force, as well as the performance of acts in compliance therewith shall be considered constitutional, lawful and effective under this Constitution. Repeal of or amendment to such announcements or orders shall be made in the form of an Act, except in the case of announcements or orders that, in nature, are the exercise of executive power, a repeal or amendment shall be made in the form of an order of the Prime Minister or a resolution of the Council of Ministers, as the case may be.

All matters recognised as constitutional and lawful by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) as amended by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558 (2015) and the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 2), B.E. 2559 (2016), including acts incidental thereto, shall be deemed constitutional and lawful.