Thailand 2017 Constitution

CHAPTER VIII. THE COUNCIL OF MINISTERS

Section 158

The King appoints the Prime Minister and not more than thirty five other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs in accordance with the principle of collective responsibility.

The Prime Minister must be appointed from a person who is approved by the House of Representatives under section 159.

The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.

The Prime Minister shall not hold office for more than eight years in total, whether or not holding consecutive term. However, it shall not include the period during which the Prime Minister carries out duties after vacating office.

Section 159

The House of Representatives shall complete its consideration for approval of the person suitable to be appointed as Prime Minister from a person who has the qualifications and is not under any of the prohibitions under section 160, and is a person listed by a political party under section 88, only with respect to the list of names of political parties whose members have been elected as Members of the House of Representatives constituting not less than five per cent of the total number of existing Members of the House of Representatives.

The nomination under paragraph one shall be endorsed by members comprising not less than one-tenth of the total number of the existing Members of the House of Representatives.

The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be passed by open votes and by the votes of more than one half of the total number of the existing Members of the House of Representatives.

Section 160

A Minister must:

1. be of Thai nationality by birth;
2. be not less than thirty-five years of age;
3. have graduated with not lower than a Bachelor’s degree or its equivalent;
4. be of evident integrity;
5. not have behaviour which is a serious violation of or failure to comply with ethical standards;
6. not be under any of the prohibitions under section 98;
7. not be a person sentenced by a judgment to imprisonment, irrespective of the finality of the case or a suspension of the punishment, except for an offence committed through negligence, a petty offence or a defamation offence;
8. not be a person whose office has been vacated on the grounds of committing any prohibited act under section 186 or section 187, for a period of less than two years up to the date of appointment.

Section 161

Before taking office, a Minister must make a solemn declaration before the King in the following words:

“I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

In the case where the King has commanded the Council of Ministers to perform duties before making a solemn declaration, such Council of Ministers may proceed in accordance with section 162 paragraph two. In this case, the Council of Ministers under section 168 (1) shall be discharged from the performance of duties from the date of such command.

Section 162

The Council of Ministers which will assume the administration of the State affairs must, within fifteen days as from the date it takes office, states its policies to the National Assembly, which must be consistent with the duties of the State, directive principles of State policies and National Strategy, and declares the sources of incomes which will be expended in the implementation of the policies, with respect to which no vote of confidence shall be passed.

Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect vital interests of the State, the Council of Ministers which has taken office may, for the time being, perform such acts in so far as it is necessary.

Section 163

A Minister has the right to attend and give statements of fact or opinions at a sitting of the House but has no right to vote, except in the case of voting in the House of Representatives where such Minister is also a Member of the House of Representatives. The privileges provided in section 124 shall apply mutatis mutandis.

Section 164

The Council of Ministers shall administer State affairs in accordance with the provisions of the Constitution, laws and the policies stated to the National Assembly, and shall also act in accordance with the following rules:

1. to perform duties and exercise powers with honesty, in good faith, with dedication, openness and thoroughness and cautiousness in carrying out various acts for the greatest benefit of the country and the public in common;
2. to strictly observe disciplines of the activities pertaining to State funds under the law on financial and fiscal disciplines of the State;
3. to uphold and comply with good public governance principles;
4. to encourage all sectors of society to co-exist with fairness, happiness, unity and solidarity;

Ministers shall be individually responsible to the House of Representatives for matters under their duties and powers, and shall also be collectively responsible to the National Assembly for the determination of policies and implementation of policies of the Council of Ministers

Section 165

In the case where there is an important problem in the administration of the State affairs in regard to which the Council of Ministers deems it advisable to take the opinions of Members of the House of Representatives and Senators, the Prime Minister may submit a notice to the President of the National Assembly requesting that a general debate be held at a joint sitting of the National Assembly. In such case, no resolution shall be passed by the National Assembly on the issue put in the debate.

Section 166

In the case where there are reasonable grounds, the Council of Ministers may call for a referendum on any matter which is not an issue contrary to or inconsistent with the Constitution or an issue relating to any individual or group of persons as provided by law.

Section 167

Ministers vacate office en masse upon:

1. the termination of ministership of the Prime Minister under section 170;
2. the expiration of the term or the dissolution of the House of Representatives;
3. the resignation of the Council of Ministers;
4. the vacation of office on the grounds of section 144

When Ministers vacate office en masse under (1), (3) or (4), proceedings for a new Council of Ministers under section 158 and section 159 shall be taken.

Section 168

The outgoing Council of Ministers shall continue to perform duties subject to the following conditions:

1. in the case of the vacation of office under section 167 (1), (2) or (3), the outgoing Council of Ministers shall continue to perform duties until the newly appointed Council of Ministers takes office, except in the case where the Prime Minister vacates office under section 167 (1) on the grounds of being disqualified or being under any of the prohibitions under section 98 or section 160 (4) or (5), the Prime Minister shall not continue to perform duties;
2. in the case of the vacation of office under section 167 (4), the outgoing Council of Ministers shall not continue to perform duties.

In the case where the Council of Ministers cannot continue to perform duties under (2) or the Council of Ministers continuing to perform duties resigns en masse, and the proceedings under section 158 and section 159 cannot be taken due to any reason or the proceedings under section 158 and section 159 have not been completed, the Permanent Secretaries shall perform duties as the Ministers of such Ministries only in so far as it is necessary for the time being, and the Permanent Secretaries shall elect one person among themselves to perform duties as Prime Minister.

Section 169

The outgoing Council of Ministers under section 167 (2) having to continue to perform duties under section 168 shall perform duties subject to the following conditions:

1. refraining from acts which result in giving approval to works or projects or which creates an obligation on the subsequent Council of Ministers, except as already determined in the annual appropriation;
2. refraining from the appointment or transfer of government officials holding permanent positions or receiving permanent salaries, or officials of State agency, State enterprise, or undertaking in which the State is a major shareholder, or discharging such person from the performance of duties or removal of such person from office, or instructing another person to perform duties in lieu of such person, except by prior approval of the Election Commission;
3. refraining from acts which result in giving approval to the expenditure of budget reserved for an emergency or exigency, except by prior approval of the Election Commission;
4. refraining from the utilisation of State resources or State personnel for performing acts which may have an effect on an election, and refraining from the violation of any prohibitions under the rules prescribed by the Election Commission.

Section 170

The ministership of an individual Minister terminates upon:

1. death;
2. resignation;
3. the passing of a vote of no-confidence by the House of Representatives;
4. being disqualified or being under any of the prohibitions under section 160;
5. having done an act prohibited by section 186 or section 187;
6. the issuance of a Royal Command to remove a Minister from office under section 171;

Apart from the grounds for termination of ministership of an individual Minister under paragraph one, the ministership of the Prime Minister also terminates upon the lapse of the period of time under section 158 paragraph four.

The provisions of section 82 shall apply mutatis mutandis to the termination of ministership under (2), (4) or (5) or paragraph two. For this purpose, the Election Commission shall also have the power to refer the matter to the Constitutional Court for decision.

Section 171

The King has the Royal Prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.

Section 172

For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have force as an Act.

The issuance of an Emergency Decree under paragraph one shall be made only when the Council of Ministers is of the opinion that it is an emergency of necessity and urgency which is unavoidable.

In the subsequent sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If it is out of session and it would be a delay to wait for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to expeditiously consider whether to approve or disapprove the Emergency Decree. If the House of Representatives disapproves it or approves it but the Senate disapproves it and the House of Representatives reaffirms its approval by the votes of not more than one-half of the total number of the existing Members of the House of Representatives, the Emergency Decree shall lapse, prescribed that it shall not affect any act done during the enforcement of such Emergency Decree.

If the Emergency Decree under paragraph one has the effect of amending or repealing any provisions of any law and such Emergency Decree has lapsed in accordance with paragraph three, the provisions of the law in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such Emergency Decree is effective.

If the House of Representatives and the Senate approve the Emergency Decree, or if the Senate disapproves it but the House of Representatives reaffirms its approval by the votes of more than one-half of the total number of the existing Members of the House of Representatives, such Emergency Decree shall continue to have the force of an Act.

The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette. In case of disapproval, it shall be effective as from the day following the date of its publication in the Government Gazette.

The consideration of an Emergency Decree by the House of Representatives and the Senate and reaffirmation of an approval of an Emergency Decree must take place at the first opportunity in the sittings of the respective Houses.

Section 173

Before the House of Representatives or the Senate approves any Emergency Decree, Members of the House of Representatives or Senators comprising not less than one-fifth of the total number of the existing members of each House have the right to submit an opinion to the President of the House of which they are members that the Emergency Decree is not in accordance with section 172 paragraph one, and the President of such House shall, within three days as from the date of receipt of such opinion, refer it to the Constitutional Court for decision. The consideration of such Emergency Decree shall be deferred until the decision of the Constitutional Court has been notified.

The Constitutional Court shall have the decision within sixty days as from the date of receipt of such matter, and the Constitutional Court shall notify such decision to the President of the House referring such opinion.

In the case where the Constitutional Court decides that any Emergency Decree is not in accordance with section 172 paragraph one, such Emergency Decree shall not have the force of law ab initio.

The decision of the Constitutional Court that any Emergency Decree is not in accordance with section 172 paragraph one, must be made by the votes of not less than two thirds of the total number of the existing members of judges of the Constitutional Court.

Section 174

In the case where it is necessary to have a law on taxes, duties or currency, which, in the interests of the State, requires urgent and confidential consideration, the King may issue an Emergency Decree which shall have force as an Act.

The provisions of section 172 paragraph three, paragraph four, paragraph five, paragraph six and paragraph seven shall apply mutatis mutandis to an Emergency Decree issued in accordance with the provisions of paragraph one. However, if the Emergency Decree is issued during a session, it shall be submitted to the House of Representatives within three days as from the day following the date of its publication in the Government Gazette.

Section 175

The King has the Royal Prerogative to issue a Royal Decree which is not contrary to the law.

Section 176

The King has the Royal Prerogative to declare and lift martial law.

In the case where it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so under the law on martial law.

Section 177

The King has the Royal Prerogative to declare war with the approval of the National Assembly.

The resolution of approval by the National Assembly must be passed by the votes of not less than two-thirds of the total number of the existing members of both Houses.

Section 178

The King has the Royal Prerogative to conclude a peace treaty, armistice, and other treaties with other countries or international organisations.

Any treaty which provides for a change in Thai territories or external territories over which Thailand has sovereign right or jurisdiction under a treaty or international law, or which requires the enactment of an Act for implementation, and other treaties which may have wide scale effects on the security of economy, society, or trade or investment of the country must be approved by the National Assembly. In this regard, the National Assembly shall complete its consideration within sixty days as from the date of receipt of such matter. If the National Assembly does not complete the consideration within such period of time, it shall be deemed that the National Assembly has given approval.

Other treaties which may have wide scale effects on the security of economy, society, or trade or investment of the country under paragraph two are treaties pertaining to free trade, common customs union, or the authorization of natural resources utilisation, or which cause the country to lose rights over natural resources, in whole or in part, or on any other treaties provided by law.

There shall also be a law prescribing procedures for the public to participate in the expression of opinions and to obtain necessary remedy from the effects of conclusion of a treaty under paragraph three.

Where a question arises as to whether any treaty constitutes a case under paragraph two or paragraph three, the Council of Ministers may request the Constitutional Court to render a decision thereon. The Constitutional Court shall complete its decision within thirty days as from the date of receipt of such request.

Section 179

The King has the Royal Prerogative to grant a pardon.

Section 180

The King appoints and removes officials in the military service and civil service who hold the positions of Permanent Secretary, Director-General and their equivalents, except in the case of vacation of office upon death, retirement or removal from government service due to a punishment.

Section 181

A government official and a State official holding a permanent position or receiving a permanent salary and not being a political official shall not be a political official or hold other political positions.

Section 182

All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in the Constitution.

Section 183

Emoluments and other remuneration of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Leader of the Opposition in the House of Representatives, Members of the House of Representatives and Senators shall be prescribed by Royal Decree.

Gratuities, pensions or other remuneration of Privy Councillors who vacate their office shall be prescribed by Royal Decree.