Section 196. The Ombudsmen shall not be more than three in number, who shall be appointed, by the King with the advice of the Senate, from the persons recognised and respected by the public, with knowledge and experience in the administration of the State affairs, enterprises or activities of common interest of the public and with apparent integrity.
The President of the Senate shall countersign
the Royal Command appointing the Ombudsmen.
The qualifications, prohibitions, selection and
election of the Ombudsmen shall be in accordance with the organic law on Ombudsmen.
The Ombudsmen shall hold office for a term of
six years as from the date of their appointment by the King and shall serve
for only one term.
Section 197.
The Ombudsmen have the powers and duties as follows:
(1) to consider and inquire into the complaint
for fact-findings in the following cases:
(a)
failure to perform in compliance with the law or performance beyond powers and
duties as provided by the law of a Government official, an official or employee
of a State agency, State enterprise or local government organisation;
(b)
performance of or omission to perform duties of a Government official, an official
or employee of a State agency, State enterprise or local government organisation,
which unjustly causes injuries to the complainant or the public whether such
act is lawful or not;
(c)
other cases as provided by law;
(2) to prepare reports and submit opinions and
suggestions to the National Assembly.
Section 198.
In the case where the Ombudsman is of the opinion that the
provisions of the law, rules, regulations or any act of any person under section
197(1) begs the question of the constitutionality, the Ombudsman shall submit
the case and the opinion to the Constitutional Court or Administrative Court
for decision in accordance with the procedure of the Constitutional Court or
the law on the procedure of the Administrative Court, as the case may be.
The Constitutional Court or Administrative Court,
as the case may be, shall decide the case submitted by the Ombudsman under paragraph
one without delay.
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