Section 98. Representatives consists of five hundred members, one hundred of whom are from the election on a party-list basis under section 99 and four hundred of whom are from the election on a constituency basis under section 102.
In the case where the office of a member of the
House of Representatives becomes vacant for any reason and an election of a
member of the House of Representatives has not been held to fill the vacancy,
the House of Representatives shall consist of the existing members of the House.
Section 99.
In an election of members of the House of Representatives on
a party-list basis, a voter shall have the right to cast ballot from the lists
of candidates prepared by political parties; provided that only one party-list
may be voted for and the territory of Thailand shall be regarded as the whole
constituency.
The party-lists of candidates in the election
under paragraph one shall be prepared by political parties. Each party shall
prepare one list which shall contain not more than one hundred persons and be
submitted to the Election Commission before the date an application for candidacy
in an election on the constituency basis commences.
Names of persons in the party-list under paragraph
one shall:
(1) consist of the names of candidates from equitably
various regions;
(2) not be repeated by the names in the lists
prepared by other political parties and
names of candidates in the election on the constituency basis under section
102 and;
(3) be placed in numerical order.
Section 100. The
list of any political party receiving votes of less than five
percent of the total number of votes throughout the country shall be regarded
as one for which no person listed therein is elected and such votes shall not
be reckoned in the determination of the proportional number of the members of
the House of Representatives under paragraph two.
The determination of the proportion of votes received
by the party-list of each political party according to which the persons whose
names are listed therein shall be regarded as being elected in that proportion
shall be in accordance with rules, procedure and conditions provided by the
organic law on the election of members of the House of Representatives and senators.
It shall be deemed that the candidates whose
names are in the list of each political party are elected in respective order
of the allocated numbers in the list in accordance with such proportional number
of the members of the House of Representatives as determined for that list.
Section 101. Subject to section 119(1), in the case where there occurs, during the term of the House of Representatives, any cause resulting in the members elected from the election on a party-list basis being less than one hundred in number, such members shall consist of the existing members.
Section 102. In the election of members
of the House of Representatives on a constituency basis, the person having the
right to vote shall cast ballot for one candidate in each constituency.
The determination of the ratio of the number of
inhabitants to one member shall be made by reference to the division of such
number of inhabitants throughout the country as evidenced in the census announced
in the year preceding the year of election by the number of four hundred members
of the House of Representatives.
The number of members of the House of Representatives
of each Changwat shall be determined by the division of the number of inhabitants
in that Changwat by such number of inhabitants per one member as determined
under paragraph two. Any Changwat with inhabitants below the number of inhabitants
per one member under paragraph two shall have one member of the House of Representative.
Any Changwat with more inhabitants than the number of inhabitants per one member
shall have an additional member of the House of Representatives for every such
number of inhabitants as representing the number of inhabitants per one member.
Upon the number of members of the House of Representatives
of each Changwat being obtained under paragraph three, if the number of members
of the House of Representatives is still less than four hundred, any Changwat
with the largest fraction remaining from the determination under paragraph three
shall have an additional member of the House of Representatives and the addition
of the members of the House of Representatives in accordance with such procedure
shall be made to Changwats in respective order of fractions remaining from the
determination under paragraph three until the number of four hundred is obtained.
Section 103.
In a Changwat where the number of members of the House of
Representatives to be elected is not more than one, the area of that Changwat
shall be regarded as the constituency and in a Changwat where the number of
members of the House of Representatives is more than one, such Changwat shall
be divided into constituencies in the number equal to such number of members
of the House of Representatives as may be elected therein and, for this purpose,
each constituency shall have one member of the House of Representatives.
In a Changwat which is divided into more constituencies
than one, the boundary of each constituency shall be adjoining and the number
of inhabitants in each constituency must be closely apportioned.
Section 104.
In a general election, a voter shall have the right to cast
ballot for only one list of candidates prepared by the political party and,
in an election on a constituency basis, for one candidate in that constituency.
In an election of a member of the House of Representatives
to replace the member of the House of Representatives elected on a constituency
basis whose office becomes vacant under section 119(2), a voter shall have the
right to cast ballot for one candidate in that constituency.
The election shall be by direct suffrage and secret
ballot.
In each constituency, the counting of votes from
every polling station altogether shall be conducted and the result of the vote-counting
shall be announced publicly at any single place in that constituency as designated
by the Election Commission, except that in the case where necessity arises in
a particular locality, the Election Commission may provide otherwise in accordance
with the organic law on the election of members of the House of Representatives
and senators.
The provisions of paragraph four shall apply mutatis
mutandis to the counting and announcement of votes received by each party-list
in each constituency under section 103.
Section 105.
A person having the following qualifications has
the right to vote at an election:
(1) Being of Thai nationality; provided that a
person who has acquired Thai
nationality by naturalisation must hold the Thai nationality for not less than
five years;
(2) Being not less than eighteen years of age
on 1st January of the year of theelection; and
(3) Having his or her name appear on the house register
in the constituency for not less than ninety days up to the date of the election.
A voter who has a residence outside the constituency
under section 103 within which his or her name appear in the house register,
or who has his or her name appear in the house register in the constituency
for the period of less than ninety days up to the date of the election, or who
has a residence outside the Kingdom of Thailand shall have the right to cast
ballot in an election in accordance with rules, procedure and conditions provided
by the organic law on the election of members of the House of Representatives
and senators.
Section 106.
A person under any of the following prohibitions on the election
day is disfranchised:
(1) being of unsound mind or of mental infirmity;
(2) being a Buddhist priest, novice, monk or clergy;
(3) being detained by a warrant of the Court or by
a lawful order;
(4) being under suspension of the right to vote
.
Section 107.
A person having the following qualifications has the right
to be a candidate in an election of members of the House of Representatives:
(1) being of Thai nationality by birth;
(2) being not less than twenty five years of age
on the election day;
(3) having graduated with not lower than a Bachelorís
degree or its equivalent
except for the case of having been a member of the House of Representatives
or a senator before;
(4) being a member of any and only one political
party, for a consecutive period
of not less than ninety days, up to the date of applying for candidacy in an
election;
(5) a candidate in an election on a constituency
basis shall also possess any of the
following qualifications:
(a)
having his or her name appear in the house register in Changwat where he or
she stands for election for a consecutive period of not less than one year up
to the date of applying for candidacy;
(b)
having been a member of the House of Representatives in Changwat where he or
she stands for election, a member of a local assembly or a local administrator
of such Changwat before;
(c)
being born in Changwat where he or she stands for election;
(d)
having studied in an education institution situated in Changwat where he or
she stands for election for a consecutive period of not less than two academic
years before;
(e)
having served in the official service before or having had his or her name appear
in the house register in Changwat where he or she stands for election for a
consecutive period of not less than two years before.
Section 108. A political party sending member to stand for election in any constituency shall send only one member in such constituency.
Section 109. A person under any of the following prohibitions shall
have no right to be a candidate in an election of members of the House of Representatives:
(1) being addicted to drugs;
(2) being an undischarged bankrupt;
(3) being disfranchised under section 106(1),
(2) or (4);
(4) having been sentenced by a judgement to imprisonment
and being detained
by a warrant of the Court;
(5) having been discharged for a period of less
than five years on the election
day after being sentenced by a judgement to imprisonment for a term of two
years or more except for an offence committed through negligence;
(6) having been expelled, dismissed or removed
from the official service, a State
agency or a State enterprise on the ground of dishonest performance of duties
or corruption;
(7) having been ordered by a judgement or an order
of the Court that his or her assets shall dissolve on the State on the ground
of unusual wealthiness or an unusual increase of his or her assets;
(8) being a Government official holding a permanent
position or receiving salary
except a political official;
(9) being a member of a local assembly or a local administrator;
(10) being a senator;
(11) being an official or employee of a State
agency, State enterprise or local government organisation, or other State official;
(12) being an Election Commissioner, an Ombudsman,
a member of the National
Human Right Commission, a judge of the Constitutional Court, a judge of an
Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission;
(13) being under the prohibition from holding
a political position under section
295;
(14) having been removed from office by the resolution
of the Senate under
section 307; provided that, from the date of the resolution to the election
day,
the period of five years has not elapsed.
Section 110.
A member of the House of Representatives shall not:
(1) hold any position or have any duty in any
State agency or State enterprise, or hold a position of member of a local assembly,
local administrator or local government official except other political official
other than Minister;
(2) receive any concession from the State, a State
agency or State enterprise, or become a party to a contract of the nature of
economic monopoly with the State, a State agency or State enterprise, or a become
partner or shareholder in a partnership or company receiving such concession
or becoming a party to the contract of that nature;
(3) receive any special money or benefit from
any State agency or State enterprise apart from that given by the State agency
or State enterprise to other persons in the ordinary course of business.
The provisions of this section shall not apply
in the case where a member of the House of Representatives receives military
pensions, gratuities, pensions, annuities or any other form of payment of the
same nature, and shall not apply in the case where a member of the House of
Representatives accepts or holds a position of committee member of the National
Assembly, the House of Representatives or the Senate, or committee member appointed
as a qualified member under the provisions of law or committee member appointed
in the course of the administration of the State affairs in case he or she holds
a position of other political official other than Minister.
Section 111.
A member of the House of Representatives
shall not, through the status or position of member of the House of Representatives,
interfere or intervene in the recruitment, appointment, reshuffle, transfer,
promotion and elevation of the salary scale of a Government official holding
a permanent position or receiving salary and not being a political official,
an official or employee of a State agency, State enterprise or local government
organisation, or cause such persons to be removed from office.
Section 112.
Subject to the provisions of this Constitution, rules and
procedure for an election of members of the House of Representatives shall be
in accordance with the organic law on the election of members of the House of
Representatives and senators.
Section 113.
In the interest of honesty and fairness of an election of
members of the House of Representatives, the State shall provide support for
the election in the following matters:
(1) preparing places for posting notices and posters
relating to the election in public places owned by the State;
(2) publishing and supplying to persons having
the right to vote documents
relating to the election;
(3) providing places for election campaigns to
candidates in the election;
(4) allocating radio and television broadcasting
time to political parties;
(5) other activities specified by Notifications
of the Election Commission.
The activities under (1), (4) and (5) by candidates
in the election, political parties or other persons other than the State shall
not be permitted.
Rules, conditions and procedure for carrying out
the acts under this section shall be in accordance with the organic law on the
election of members of the House of Representatives and senators, which shall
afford equal opportunities.
Section 114. The term of the House of Representatives is four years from the election day.
Section 115. Upon the expiration of the term of the House of Representatives, the King will issue a Royal Decree calling for a general election of members of the House of Representatives in which the election day must be fixed within forty five days as from the date of the expiration of the term of the House of Representatives and the election day must be the same throughout the Kingdom.
Section 116. The King has the prerogative to dissolve the House of Representatives
for a new election of members of the House.
The dissolution of the House of Representatives
shall be made in the form of a Royal Decree in which the day for a new general
election must be fixed within sixty days and such election day must be the same
throughout the Kingdom.
The dissolution of the House of Representatives
may be made only once under the same circumstance.
Section 117. Membership of the House of Representatives commences on the election day .
Section 118.
Membership of the House of Representatives terminates
upon:
(1) expiration of the term or dissolution of the
House of Representatives;
(2) death;
(3) resignation;
(4) being disqualified under section 107;
(5) being under any prohibition provided in section
109(1), (2), (3), (5), (6), (7),
(8), (9), (10), (11), (12), (13) or (14);
(6) acting in contravention of any prohibition
under section 110 or section 111;
(7) being appointed Prime Minister or Minist
(8) resignation from membership of his or her
political party or his or her political party passing a resolution, with the
votes of not less than three-fourths of the joint meeting of the Executive Committee
of that political party and members of the House of Representatives belonging
to that political party, terminating his or her membership of the political
party. In such cases, his or her membership shall be deemed to have terminated
as from the date of the resignation or the resolution of the political party
except where such member of the House of Representatives appeals to the Constitutional
Court within thirty days as from the date of the resolution of the political
party for raising an objection that such resolution is of such nature as specified
in section 47 paragraph three. If the Constitutional Court decides that the
said resolution is not of the nature as specified in section 47 paragraph three,
his or her membership shall be deemed to have terminated as from the date of
the decision of the Constitutional Court. If the Constitutional Court decides
that the said resolution is of such nature as specified in section 47 paragraph
three, that member of the House of Representatives may become a member of another
political party within thirty days as from the date of the decision of the Constitutional
Court;
(9) loss of membership of the political party
in the case where the political party of which he or she is a member is dissolved
by an order of the Constitutional Court and he or she is unable to become a
member of another political party within sixty days as from the date on which
the Constitutional Court issues its order. In such case, his or her membership
shall be deemed to have terminated as from the day following the date on which
such period of sixty days has elapsed;
(10) the Senate passing a resolution under section
307 removing him or her from office or the Constitutional Court having a decision
terminating his or her membership under section 96. In such case, his or her
membership shall be deemed to have terminated as from the date on which the
Senate passes a resolution or the Constitutional Court has a decision, as the
case may be;
(11) having been absent for more than one-fourth
of the number of days in a session the length of which is not less than one
hundred and twenty days without permission of the President of the House of
Representatives;
(12) having been imprisoned by a final judgment
to a term of imprisonment except for an offence committed through negligence
or a petty offence.
The termination of membership of the House of
Representatives under (7) shall be effective as from the day following the date
on which the period of thirty days, from the date of the appointment by the
Royal Command, has elapsed.
Section 119.
When the office of member of the House of Representatives
becomes vacant for any reason other than the expiration of the term or the dissolution
of the House of Representatives, the following actions shall be taken:
(1) in the case where the vacancy is that of the
office of a member of the House of Representatives listed in the list prepared
by a political party under section 99, the President of the House of Representatives
shall, by publication in the Government Gazette within seven days as from the
date of the vacancy, elevate the person whose name in the list of that political
party is placed in the next order to be a replacing member of the House of Representatives;
(2) in the case where the vacancy is that of the
office of a member of the House of Representatives elected from the election
on a constituency basis under section 102, an election of a member of the House
of Representatives to fill the vacancy shall be held within forty five days
as from the date of the vacancy unless the remainder of the term of the House
of Representatives is less than one hundred and eighty days.
Membership of the replacing member of the House
of Representatives under (1) shall commence as from the day following the date
of the publication of the name of the replacing member, while membership of
the replacing member of the House of Representatives under (2) shall commence
as from the day on which the election to fill the vacancy is held. The replacing
member of the House of Representatives may serve only for the remainder of the
term of the House.
Section 120.
After the Council of Ministers has assumed
the administration of the State affairs, the King will appoint as Leader of
the Opposition in the House of Representatives a member of the House who is
the leader of the political party having its members holding no ministerial
positions and having the largest number of members among the political parties
having their members holding no ministerial positions, provided that such number
must not be less than one-fifth of the total number of members of the House
of Representatives at the time of the appointment.
In the case where no political party in the House
of Representatives meets the condition as prescribed under paragraph one, the
leader of the political party, who receives a majority of supporting votes from
the members of the House who belong to the political parties having their members
holding no ministerial positions, shall be the Leader of the Opposition in the
House. In case of an equality of supporting votes, it shall be decided by lot.
The President of the House of Representatives
shall countersign the Royal Command appointing the Leader of the Opposition
in the House of Representatives.
The Leader of the Opposition in the House of Representatives
shall vacate office upon being disqualified as specified in paragraph one or
paragraph two, and section 152 shall apply mutatis mutandis, and in such case,
the King will appoint a new Leader of the Opposition in the House of Representatives
to fill the vacancy.
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
Part 1 General Provisions 90-97
Part 2 The House of Representatives 98-120
Part 3 The Senate 121-135
Part 4 Election Commission 136-148
Part 5 Provisions Applicable to both Houses 149-192
Part 6 Joint Sittings of the National Assembly 193-195
Part 7 Ombudsmen 196-198
Part 8 The National Human Rights Commission 199-200
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
Part 1 General Provisions 233-254
Part 2 Constitutional Court 255-270
Part 3 Courts of Justice 271-275
Part 4 Administrative Courts 276-280
Part 5 Military Courts 281
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296
Part 2 The National Counter Corruption Commission 297-302
Part 3 The Removal from Office 303-307
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
CHAPTER XII Amendment of the Constitution Transitory Provisions 313