CHAPTER VI - The National Assembly / Part 3 The Senate 121-135

CHAPTER VI - The National Assembly
Part 3 The Senate 121-135

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Section 121. The Senate shall consist of two hundred members to be elected by the people.
In the case where the office of the senator becomes vacant for any reason whatsoever and an election of a senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining senators.

Section 122. In an election of senators,the area of Changwat shall be regarded as one constituency.
The number of senators each Changwat can have shall be determined in accordance with the procedure provided in section 102 paragraph two, paragraph three and paragraph four mutatis mutandis.

Section 123. The person having the right to vote at an election of senators may cast ballot, at the election, for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat can have more than one senator, the candidates who receive the highest number of votes in respective order in the number of senators that Changwat can have shall be elected as senators .

Section 124. The provisions of section 105 and section 106 shall
apply mutatis mutandis to the qualifications and prohibitions to which a person having the right to be a candidate in an election of senators shall be subjected.

Section 125. A person having the following qualifications has the right to be a candidate in an election of senators:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age on the election day;
(3) having graduated with not lower than a Bachelor's degree or its equivalent;
(4) having any of the qualifications under section107(5).

Section 126. A person under any of the following qualifications shall have no right to be a candidate in an election of senators:
(1) being a member of or holder of other position of a political party;
(2) being a member of the House of Representatives or having been a member of the House of Representatives and his or her membership has terminated for not yet more than one year up to the date of applying for the candidacy;
(3) being or having been a senator in accordance with the provisions of this Constitution during the term of the Senate preceding the application for the candidacy;
(4) being disfranchised under section 109(1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13) or (14).

Section 127. A senator shall not be a Minister or other political official.
The person having held office of senator with membership having terminated for not more than one year, shall not be a Minister or other political official unless the membership has terminated under section 133(1).

Section 128. The provisions of section 110 and section 111 shall also apply mutatis mutandis to the prohibitions to which a senator shall be subjected.

Section 129. Subject to the provisions of this Constitution, rules and procedure for an election of senators shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election, the State shall carry out the following acts:
(1) causing notices and posters relating to the election and candidates in the election to be posted;
(2) publishing and furnishing to persons having the right to vote documents relating to the election and candidates in the election;
(3) providing places and allocating radio and television broadcasting time for introducing candidates in the election;
(4) carrying out other acts as prescribed by the Election Commission.
Rules and procedure for carrying out the acts under paragraph two shall be in accordance with the organic law on the election of members of the House of Representatives and senators.
The introduction of candidates by themselves or other persons is permitted only insofar as provided in the organic law on the election of members of the House of Representatives and senators.

Section 130. The term of the Senate is six years as from the election day.

Section 131. Upon expiration of the term of the Senate, the King will issue a Royal Decree calling for a new general election of senators in which the election day must be fixed within thirty days as from the date of the expiration of the term of the Senate and the election day must be the same throughout the Kingdom.
For the purpose of proceeding under section 168, the senators holding office on the day on which the term of the Senate terminates under paragraph one shall continue to perform their duties until newly elected senators assume their duties.

Section 132. Membership of the Senate commences on the election day.

Section 133. Membership of the Senate terminates upon:
(1) expiration of the term of the Senate;
(2) death;
(3) resignation;
(4) being disqualified under section 125;
(5) being under any of the prohibitions under section 126;
(6) being under any of the prohibitions under section 127;
(7) acting in contravention of any of the prohibitions under section 128;
(8) 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 of the resolution of the Senate or the decision of the Constitutional Court, as the case may be;
(9) 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 Senate;
(10) having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence.

Section 134. When the office of senator becomes vacant for any reason other than the expiration of term of the Senate, an election of a senator 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 Senate is less than one hundred and eighty days.
The replacing senator may serve only for the remainder of the term of the Senate.

Section 135. In considering the selection, appointment,recommendation or approval of a person to hold any position under section 138, section 143, section 196, section 199, section 257, section 261, section 274(3), section 277, section 278, section 279(3), section 297, section 302 and section 312, the Senate shall appoint a committee for examining past records and behaviours of the person nominated for holding such position as well as gathering necessary facts and evidence to be reported to the Senate for its further consideration.
The proceeding by the committee under paragraph one shall be in accordance with the Rules of Procedure of the Senate

More on Constitution of the kingdom of Thailand, B.E. 2540 :

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