Thailand 2017 Constitution

CHAPTER XV. AMENDMENT TO THE CONSTITUTION

Section 255

An amendment to the Constitution which amounts to changing the democratic regime of government with the King as Head of State or changing the form of the State shall be prohibited.

Section 256

Subject to section 255, amendment to the Constitution may be made under the rules and procedures as follows:

1. a motion for amendment must be proposed either by the Council of Ministers, or by Members of the House of Representatives comprising not less than one-fifth of the total numbers of existing Members of the House of Representatives, or by members of both Houses comprising not less than one-fifth of the total number of existing members thereof, or by not less than fifty thousand persons who have the right to vote as per the law on the public submission of a bill;
2. a motion for amendment must be proposed in the form of a draft Constitution Amendment to the National Assembly, and the National Assembly shall consider it in three readings;
3. voting in the first reading for adoption of principle shall be by roll call and open voting, and the amendment must be approved by the votes of not less than one-half of the total number of existing members of both Houses, provided that in this number, Senators comprising not less than one-third of the total number of existing members of the Senate must vote for approval;
4. in the second reading for section-by-section deliberation, voting in the second reading shall be decided by a majority of votes, but in the case where the draft Constitution Amendment is proposed by the people, the persons signing the petition shall also be given opportunities to express their opinions;
5. at the conclusion of the second reading, there shall be an interval of fifteen days after which the National Assembly shall proceed with its third reading;
6. voting in the third and final reading shall be by roll call and open voting, and promulgation of the Constitution must be approved by the votes of more than one-half of the total number of the existing members of both Houses, provided that in this number, Members of the House of Representatives from political parties whose members do not hold the positions of Minister, President or Vice-President of the House of Representatives must vote for approval in the number of not less than twenty per cent of the total number of members of all such political parties combined, and Senators comprising not less than one-third of the total number of existing members of the Senate must vote for approval;
7. after resolution of approval has been passed under (6), there shall be an interval of fifteen days after which the draft Constitution Amendment shall be presented to the King, and the provisions of section 81 shall apply mutatis mutandis;
8. in the case where the draft Constitution Amendment is an amendment to Chapter I General Provisions, Chapter II The King or Chapter XV Amendment to the Constitution, or a matter relating to qualifications and prohibitions of persons holding the positions under this Constitution, or a matter relating to duties or powers of the Court or an Independent Organ, or a matter which renders the Court or an Independent Organ unable to act in accordance with its duties or powers, before proceeding in accordance with (7), a referendum shall be held in accordance with the law on referendum, and if the referendum result is to approve the draft Constitution Amendment, further proceedings shall then be taken in accordance with (7);
9. before the Prime Minister reports to the King for signature pursuant to (7), Members of the House of Representatives, Senators or members of both Houses comprising not less than one-tenth of the total number of existing members of each House or of both Houses, as the case may be, have the right to sign a joint petition submitting their opinions to the President of the House in which they are members or the President of the National Assembly, as the case may be, that the draft Constitution Amendment under (7) is contrary to section 255 or is of the characteristic under (8). The President of the House who receives such petition shall submit the opinions to the Constitutional Court. The Constitutional Court shall render a decision within thirty days from the date the petition is received. While the petition is under consideration for decision by the Constitutional Court, the Prime Minister may not present such a draft Constitution Amendment to the King for signature.