CHAPTER VIII The Courts / Part 2 Constitutional Court 255-270

CHAPTER VIII The Courts
Part 2 Constitutional Court 255-270

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Section 255. The Constitutional Court consists of : the President and fourteen judges of the Constitutional Court to be appointed by the King upon advice of the Senate from the following persons
(1) five judges of the Supreme Court of Justice holding a position of not lower than Judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;
(2) two judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;
(3) five qualified persons in law elected under section 257;
(4) three qualified persons in political science elected under section 257.
The elected persons under paragraph one shall hold a meeting and elect one among themselves to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly.
The President of the Senate shall countersign the Royal Command appointing the President and judges of the Constitutional Court.

Section 256. The qualified person under section 255 (3) and (4) shall possess the qualifications and shall not be under any of the prohibitions as follows:
(1) being of Thai nationality by birth;
(2) being not less than forty five years of age;
(3) having been, in the past, a Minister, an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a member of the National Counter Corruption Commission or a member of the State Audit Commission, or having served, in the past, in a position of not lower than Deputy Prosecutor General, Director-General or its equivalent, or holding a position of not lower than Professor;
(4) not being under any of the prohibitions under section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
(5) not being a member of the House of Representatives, senator, political official, member of a local assembly or local administrator;
(6) not being or having been, in the past, a member or holder of other position of a political party over the period of three years preceding the taking of office;
(7) not being an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a judge of an Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.

Section 257. The selection and election of judges of the Constitutional Court under section 255 (3) and (4), shall be proceeded as follows:
(1) there shall be a Selective Committee for judges of the Constitutional Court consisting of the President of the Supreme Court of Justice, Deans of the Faculty of Law, or the equivalent, of all State higher education institutions, being elected among themselves to be four in number, Deans of the Faculty of Political Science, or the equivalent, of all State higher education institutions, being elected among themselves to be four in number, and representatives of all political parties having a member who is a member of the House of Representatives provided that each party shall have one representative and all such representatives shall elect among themselves to be four in number, as members. The Committee shall have the duties to select and prepare a list of names of ten qualified persons under section 255 (3) and six qualified persons under section 255 (4) and submit it to the President of the Senate with the consent of the nominated persons within thirty days as from the date when a ground for the selection of persons to be in such office occurs. The resolution making such nomination must be passed by votes of not less than three-fourths of the total number of the existing members of the Committee;
(2) the President of the Senate shall convoke the Senate for a sitting for the purpose of passing a resolution, by secret ballot, electing the nominated persons in the list under (1). For this purpose, the first five persons in the name-list of qualified persons under section 255 (3) and the first three persons in the name-list of qualified persons under section 255 (4) who receive the highest votes which are more than one-half of the total number of the existing senators shall be elected as judges of the Constitutional Court, but if the number of the persons elected from the name-list of the qualified persons under section 255 (3) is less than five or the number of the persons elected from the name-list of the qualified persons under section 255 (4) is less than three, the name-list of those not elected on the first occasion shall be submitted to the senators for voting on another occasion consecutively. In such case, the persons receiving the highest number of votes in respective order in the specified number shall be elected as judges of the Constitutional Court. If there are persons receiving equal votes in any order which result in having more than five or three persons, as the case may be, the President of the Senate shall draw lots to determine who are elected persons.
The provisions of section 255 paragraph two and paragraph three shall apply mutatis mutandis.

Section 258. The President and judges of the Constitutional Court shall not:
(1) be a Government official holding a permanent position or receiving a salary;
(2) be an official or employee of a State agency, State enterprise or local government organisation or a director or adviser of a State enterprise or State agency;
(3) hold any position in a partnership, a company or an organisation carrying out business with a view to sharing profits or incomes, or be an employee of any person;
(4) engage in any independent profession.
In the case where the general meeting of the Supreme Court of Justice, the general meeting of the Supreme Administrative Court or the Senate, as the case may be, has elected the person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of the election. If such person has not resigned or has not ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be a judge of the Constitutional Court and the provisions of section 261 shall apply.

Section 259. The President and judges of the Constitutional Court shall hold office for nine years as from the date of their appointment by the King and shall hold office for only one term .
The outgoing President and judges of the Constitutional Court shall remain in office to perform duties until the newly appointed President and judges of the Constitutional Court take office.
The President and judges of the Constitutional Court shall be judicial officials under the law.

Section 260. In addition to the vacation of office upon the expiration of term, the President and judges of the Constitutional Court vacate office upon:
(1) death;
(2) being of seventy years of age;
(3) resignation;
(4) being disqualified or being under any of the prohibitions under section 256;
(5) having done an act in violation of section 258;
(6) the Senate passing a resolution under section 307 for the removal from office;
(7) being sentenced by a judgement to imprisonment.
When a case under paragraph one occurs, the remaining judges shall continue to perform their duties subject to section 267.

Section 261. In the case where the President and judges of the Constitutional Court vacate office en masse at the expiration of term, the proceedings under section 255 and section 257 shall be taken within thirty days as from the date of the vacation of office.
In the case where the President and judges of the Constitutional Court vacate office otherwise than in the case under paragraph one, the following proceedings shall be taken:
(1) in the case of the judge of the Constitutional Court who was elected at the general meeting of the Supreme Court of Justice, section 255 (1) shall apply mutatis mutandis; provided that the election thereunder shall be completed within thirty days as from the date of the vacation of office;
(2) in the case of the judge of the Constitutional Court who was elected at the general meeting of the Supreme Administrative Court, section 255 (2) shall apply mutatis mutandis; provided that the election thereunder shall be completed within thirty days as from the date of the vacation of office;
(3) in the case of the judges of the Constitutional Court under section 255(3) or (4), section 257 shall apply mutatis mutandis. In such case, the nomination of suitable persons to be qualified judges of the Constitutional Court under section 255 (3) or (4) shall be presented to the President of the Senate by submitting names of persons in the double number of the outgoing judges and the Senate shall pass a resolution for the election within thirty days from the date of the vacation office.
In the case where some or all judges of the Constitutional Court vacate office out of a session of the National Assembly, the proceedings under section 257 shall be taken within thirty days as from the date of the opening of a session of the National Assembly.
In the case where the President of the Constitutional Court vacates office, the provisions of section 255 paragraph two shall apply mutatis mutandis.

Section 262. After any bill or organic law bill has been approved by the National Assembly under section 93 or has been reaffirmed by the National Assembly under section 94, before the Prime Minister presents it to the King for signature:
(1) if members of the House of Representatives, senators or members of both Houses of not less than one-tenth of the total number of the existing members of both Houses are of the opinion that provisions of the said bill are contrary to or inconsistent with this Constitution or such bill is enacted contrary to the provisions of this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;
(2) if not less than twenty members of the House of Representatives, senators or members of both Houses are of the opinion that the provisions of the said organic law bill are contrary to or inconsistent with this Constitution or such organic law bill is enacted contrary to this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;
(3) if the Prime Minister is of the opinion that the provisions of the said bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution, the Prime Minister shall refer such opinion to the Constitutional Court for decision and, without delay, inform the President of the House of Representatives and the President of the Senate thereof.
During the consideration of the Constitutional Court, the Prime Minister shall suspend the proceedings in respect of the promulgation of the bill or organic law bill until the Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution and that such provisions of the bill or organic law bill form the essential element thereof, such bill or organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution otherwise than in the case specified in paragraph three, such conflicting or inconsistent provisions shall lapse and the Prime Minister shall proceed further in accordance with section 93 or section 94, as the case may be.

Section 263. The provisions of section 262 (2) shall apply mutatis mutandis to draft rules of procedure of the House of Representatives, draft rules of procedure of the Senate and draft rules of procedure of the National Assembly which have already been approved by the House of Representatives, the Senate or the National Assembly, as the case may be, but remain unpublished in the Government Gazette.

Section 264. In the application of the provisions of any law to any case, if the Court by itself is of the opinion that, or a party to the case raises an objection that, the provisions of such law fall within the provisions of section 6 and there has not yet been a decision of the Constitutional Court on such provisions, the Court shall stay its trial and adjudication of the case and submit, in the course of official service, its opinion to the Constitutional Court for consideration and decision.
In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one is not essential for decision, the Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but shall not affect final judgements of the Courts.

Section 265. In the performance of duties, the Constitutional Court shall have the power to demand documents or relevant evidence from any person or summon any person to give statements of fact as well as request the Courts, inquiry officials, a State agency, State enterprise or local government organisation to carry out any act for the purpose of its consideration.
The Constitutional Court shall have the power to appoint a person or a group of persons to carry out duties as entrusted.

Section 266. In the case where a dispute arises as to the powers and duties of organs under the Constitution, such organs or the President of the National Assembly shall submit a matter together with the opinion to the Constitutional Court for decision.

Section 267. The quorum of judges of the Constitutional Court for hearing and giving a decision shall consist of not less than nine judges. The decision of the Constitutional Court shall be made by a majority of votes, unless otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a decision on his or her own part and make an oral statement to the meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof shall be published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the background or allegation, summary of facts obtained from hearings, reasons for the decision on questions of fact and questions of law and the provisions of the Constitution and the law invoked and resorted to.

Section 268. The decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organs.

Section 269. The procedure of the Constitutional Court shall be prescribed by the Constitution Court, which must be done by a unanimous resolution of its judges, and shall be published in the Government Gazette.
The procedure of the Constitutional Court under paragraph one must also be founded at least upon fundamental guarantees with regard to the openness of hearing, the opportunity to the parties to express their opinions before the decision of the case, the right of the parties to inspect documents relating to them, the opportunity to challenge the judge of the Constitutional Court and the reasoning of the decision or order of the Constitutional Court.

Section 270. The Constitutional Court shall have its independent secretariat, with the Secretary-General of the Office of the Constitutional Court as the superior responsible directly to the President of the Constitutional Court.
The appointment of the Secretary-General of the Office of the Constitutional Court must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in personnel administration, budget and other activities as provided by law.

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