CHAPTER VI: The National Assembly

Part 1: General Provisions

Section 90. The National Assembly consists of the Senate and the House of Representatives. Joint or separate sitting of the National Assembly shall be in accordance with the provision of this Constitution.

Section 91. The Speaker of the House of Representatives is President of the National Assembly. The President of the Senate is Vice-President of the National Assembly. In the case where the Speaker of the House of Representatives is none or is absent or is unable to perform his duties, the President of the Senate shall act in his place. The President of the National Assembly shall have the powers and duties as prescribed in this Constitution and shall conduct the proceeding of the National Assembly at the joint sittings in accordance with regulations or rules of procedure. The Vice-President of the National Assembly shall have the powers and duties as prescribed in this Constitution and as entrusted by the President of the National Assembly.

Section 92. A bill may be enacted as law only by and with the advice and consent of the National Assembly.

Section 93. After a bill has been approved by the National Assembly, the Prime Minister shall present it to the King for singature within thirty days as from the date he receives such bill, and it shall come into force as an Act upon its publication in the Government Gazette.

Section 94. If the King refuses His assent to a bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existed members of both Houses, the Prime Minister shall present such bill to the King for His signature once again. If the King does not sign and return the bill within thirty days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had singned it.

Section 95. Senators or members of the House of Representatives must submit the account of property and debt to the President of the House in which such member belong as the law provided.

Section 96. No person shall be a senator and member of the House of Representatives simultaneously.

Section 97. Senators or members of the House of Representatives of not less than one-tenth of the total number of existed members of each House have a right to lodge with the President of the House of which they are members a complaint asserting that the membership of any member of such House has terminated under section 103 (3), (4), (5), (6), (7), (8), (10) or (11), or section 120 (3), (4), (5), (6), (7), (9), (10) or (11), as the case may be, and the President of the House with whom the complaint is lodged shall refer it to the Constitutional Tribunal for decision as to whether the membership of such person has terminated. When the Constitutional Tribunal has made a decision, it shall inform the President of the House with whom the complaint is lodged [as directed above].

The resolution of the Constitutional Tribunal under [the above paragraph] shall be passed by the votes of not less than three-fourths of the total number of members of the Constitutional Tribunal.

Section 98. In the case where any senator or member of the House of Representatives does an act or being under any circumstance which is malfeasance in office or an offence against officials in concerning with member of the State Legislative Assembly or detrimental to the dignity of membership of the Senate orof the House of Representatives, senators or members of the House of Representatives, as the case may be, of not less than one-third of the total number of existed members of each House have a right to lodge with the President of which they are members a complaint in order to have the Senate or the House of Representatives decide to terminate the membership of that member.

The resolution of the Senate or the House of Representatives under paragraph one shall be passed by the votes of not less than three-fourths of the total number of existed members of each House.

Section 99. The vacancy of the office of a senator or a member of the House of Representatives after the day on which his membership terminates or after the decision of the Constitutional Tribunal that the membership of any member terminates does not affect any act done by such person in the capacity of a member including the receipt of emoluments or other considerations by such member before he vacates his office, or the President of the House of which such person is a member hasbeeninformed of the decision of the Constitutional Tribunal, as the case may be.

Part 2: The Senate

Section 100. The Senate consist of members which the King appointed from qualified person possessing knowledges or expertises in academic or other businesses which will be useful to the administrative of the country in the democratic regime with the King as the Head of State, being of Thai Nationality by birth, being not less than thirty-five years of age, not being a member or holding any position of being counsellor of any political party, not being member of local assembly or local administrator who is elected and has not been resolved by the Constitution Tribunal to terminated from the membership by Section 97 because of the causes under Section 103 (7) because of the causes under Section 113 (7) (8) or (12).

The number of Senators shall be two-third of the members of the House of Representatives. The fraction shall be disregarded.

In case the position of a senator is vacanted, whatever thereason may be, the Senate shall consist of the number of the remaining senator.

The Prime Minister shall countersign the Royal Command appointing a senator.

Section 101. The term of membership of the Senate is four years as from the date of appointment by the King.

Senators who leave the office because of the end of the term must remain in the office to carry out the duty until the newly appointed senators take up the office.

The King shall have the Royal Prerogative to reappoint the senators who complete the term as member of the Senate.

Section 102. Senators shall:

1. not receive concession from the State or government agencies or State enterprises or withhold such concession or become a party to the contract with the State or government agencies or State enterprises on the nature of monopoly whether directly or indirectly.
2. not receive special money or other interest from government agencies or State agencies or State enterprises except from what the government agencies or State agencies or State enterprises practice with other person in ordinary business.

Section 103. Membership of a senator terminates upon:

1. the expiration of term of office;
2. death;
3. resignation;
4. loss of Thai nationality;
5. becoming a member or holding any position or becoming consulting of any political party;
6. becoming member of local assembly or local administrator which assuming such position by mean of election;
7. disfranchisement under section 113 (1), (2), (3), (4), (7), (8), (11) or (12) [see below]
8. acting in contravention of the prohibition under section 102;
9. the Senate passing a resolution terminating the membership in accordance with section 98 or the Constitutional Tribunal passing a resolution terminating membership in accordance with section 97. In such cases, the membership shall be deemed to have terminated on the date of the resolution of the Senate or of the Constitutional Tribunal;
10. having been absent throughout a session which is not less than ninety days without the permission of the President of the Senate;
11. having been imprisoned by a final judgment to a term of imprisonment except for an offence committed through negligence or for a petty offence.

Section 104. When the office of a senator becomes vacant for any reason other than the expiration of the term of office, the King will appoint a person properly qualified under section 94 to fill the vacancy. The senator so appointed may serve only for the remainder of his predecessor's term of office.

Part 3: The House of Representatives

Section 105. The House of Representatives consists of members, which the citizens elect, having the number according to the principle provided in Section 106.

Section 106. The number of the members of the House of Representatives, which each Changwat shall have, shall be calculated according to the household registration of each Changwat announcedin the last year prior to the election at the ratio of one hundred and fifty thousand citizen for one member. The Changwat having less than one hundred and fifty thousand citizens shall have the election of one member in that Changwat. If a Changwat has more than one hundred and fifty thousand there shall be election of one additional member of the House of Representatives for one hundred fifty thousand citizen. The fraction of one hundred fifty thousand, if it is seventy-five thousand or more, shall be counted as one hundred fifty thousand. As for Changwat in which not more than three members of the House of Representatives are to be elected, the area of such Changwat shall be regarded as one constituency. As for the Changwat in which more than three members ofthe House of Representatives are to be elected, the area of such Changwat shall be divided into the constituencies and each constituency shall have three members of the House of Representatives. If it is not possible to divide a Changwat into constituencies with three members of the House of Representatives in each constituency, the area of such Changwat shall be divided into the constituency which three members of the House of Representatives are to be elected before, but the number of members of the House of Representatives in the remanent constituencies must not less than two. As for Changwat in which four members of the House of Representatives are to be elected, the area of such Changwat shall be divided into two constituencies and two members of the House of Representatives are to be elected in each constituency.

Section 107. In Changwat which shall be divided into more than one constituency the boundaries of each constituency shall be adjoining and the ratio of the number of inhabitants to the number of members of the House of Representatives are to be elected in one constituency must be closed to that in another constituency.

Section 108. In each constituency, a person having the right to vote at an election shall have the right to cast votes for candidates equal in number to the number of members of the House of Representatives to be elected in such constituency. The election shall be conducted by direct suffrage and secret ballot.

Section 109. 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 naturalization must also possess this qualification not less than ten years;
2. being not less than eighteen years of age on 1st January of the election year; and
3. having his name appeared on the house register in the constituency.

Section 110. A person under any of the following prohibitions on the election day is disenfranchised:

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;
4. being disfranchised by a judgment.

Section 111. A person having the following qualifications has the right to be a candidate in an election:

1. being of Thai nationality by birth; provided that a Thai national having [an] alien father must also possess the qualifications stipulated by the law on election of members of the House of Representatives;
2. being not less than twenty five years of age on the date of the election
3. being a member either of the political party sending members to stand for election under section 112 or the political party under section 121 paragraph two;
4. possessing one of the following qualifications;
   1. having his name appeared on the house register in Changwat which he apply to be a candidate for an uninterrupted period of not less than one year on applying day;
   2. having been a member of the House of Representatives of [the] Changwat which he [is applying] to be a candidate, or having been a member of local assembly or local administrator in such Changwat;
   3. born in [the] Changwat which he apply to be a candidate;
   4. having been educated in educational establishment established in Changwat which he apply to be a candidate for an uninterrupted period of not less than two educational years.
   5. used to be a government officer or used to be registered in the household registration in the Changwat he applies to be a candidate for an uninterrupted period of not less than two years.

Section 112. In the general election, the political party, the members of which shall have a right to stand as candidates under section 111 (3), must be the party sending its members of not less than one fourth of all the member of the House of Representatives to standascandidates in the election. And in each constituency where the said political party sends its members to stand for election, the members thereof shall equal in number to that of the members of the House of Representatives and is entitle to send only one group of candidate.

When any political party has sent the candidate to stand for election, that political party or its candidates cannot withdraw the [candidacy].

When any political party has sent the candidates in the required number according to paragraph one, and thereafter the number of the candidates of that political party has reduced below the required number for any reason whatever, that political party shall be regarded as having sent the candidates for the required number according to paragraph one.

Section 113. A person with following qualification is prohibited person to exercise the right to be a candidate in an election:

1. being addicted to harmful habit forming drugs;
2. being an undischarged bankrupt;
3. being disfranchised under section 110 (1), (2) or (4);
4. being deaf and dumb
;
5. having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;
6. having been discharged for a period of less than five years on the election day after being sentenced by a judgment to imprisonment for a term of two years or over, except for an offence committed through negligence;
7. having been dismissed, removed or called upon to retire from government service, government agency or State enterprise on account of malfeasance in office or deem to be malfeasance in office or being assumed to be malfeasance or misbehave in government circle;
8. having been sentenced or ordered by the Court that his assets devolves on the State owing to his unusual wealth or his assets has become unusually accumulative;
9. being government official holding a permanent position or receiving a salary except a political official;
10. being member of local assembly, local administrator or member of local administrator Council.
11. being official or employee of State agency or State enterprise or local administration;
12. his membership had terminated by the resolution of the Senate or of the House of Representatives under section 98 and four years has not been past since the day the Senate or the House of Representatives passed the resolution until the election day;

Section 114. A member of the House of Representatives shall:

1. not hold any position or have any duty in any government agency or State enterprise, or a position of member of local assembly, local administrator or local official except the position of the Minister or any other political official;
2. not receive any concession from the State or a government agency or State agency or State enterprise or withhold such concession or become a party to the contract of the nature of economic monopoly with the State or a government agency or State agency or State enterprise, whether directly or indirectly;
3. not receive any special money or benefit from any government agency or State agency or State enterprise apart from what the government agency or State agency or State enterprise gives to other persons in the ordinary course of business.

The provision of (2) shall not apply in the case where a member of the Houseof Representativesreceived the oncession or became a party to the contract before he is elected.

The provision of this section shall not apply in the case where a member of the House of Representatives receives Bia wad , gratuities, pensions, or annuities or any other form of payments of the same nature, and shall not applyin the case where a member of the House of Representatives accepts or holds the position of committee member of the National Assembly or the House of Representatives, or committee member appointed as a qualified person under the provision of law, or committee member appointed in the course of the administration of the State affairs in case he holds a position of political official.

Section 115. Subject to the provisions of this Constitution, the rules and procedure of election shall be in accordance with the law on election of members of the House of Representatives.

There shall be Election Commission having the power and duty as provide by law to overlook the election of the member of the House of Representatives to be fair and just.

Qualifications, [principled] methods of appointment and termination from office of the Election Commission shall be in accordance with the provision of law.

Section 116. The term of the House of Representatives is four years from the date of the election.

Section 117. Upon expiration of the term of the House of Representatives, the King willissue 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 from the date of expiration of the term of the House ofRepresentatives and the election day must be the same all over the Kingdom.

Section 118. The King has the prerogative of dissolving the House of Representatives for a new election of members of the House of Representatives.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the election day for the general election must befixed within sixty days and such election day must be the same all over the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

Section 119. Membership of the House of Representatives commences on the election day.

Section 120. Membership of the House of Representatives terminates Upon:

1. the expiration of the term or dissolution of the House of Representatives;
2. death;
3. resignation;
4. being disqualified under section 111 (1), (2), or (4);
5. being under any prohibition provided in section 113 (1), (2), (3), (4), (7), (8), (9), (10), (11) or (12);
6. acting in contravention of the prohibitions under section 114;
7. the resignationfrom membership of his political party or his political party passing a resolution, with the vote of not less than three-fourths of the joint meeting of the Executive Board of that party and member of the House of Representatives of such political party, terminating his membership of the political party. In such cases, his membership shall be deemed to have terminated from the date of resignation or of the resolution of the political party;
8. the House of Representatives passing a resolution terminating the membershipunder section 92 or the Constitutional Tribunal passing a resolution terminating the membership under section 91. In such cases, his membership shall be deemed to have terminated from the date of resolution of the House of Reprsentatives or of the Constitutional Tribunal;
9. the loss of membership of the political party in the case where thepolitical party of which he is a member is dissolved by an order of the Court and he is unable to become a member of another political party within sixty days from the date on which the Court issues its order. In such case, his membershipshallbe deemed to have terminated on the day following the date on which sixty days elapsed;
10. having been absent throughout a session which is not less than ninety days without permission of the President of the House of Representatives;
11. having been imprisoned by a final judgment to a term of imprisonment exceptfor an offence committed through negligence or a petty offence.

The resolution of the political party under (7) shall be the resolution of joint meeting of the executive committee of the political party and member of the House of Representatives belonging to that political party. And such resolution shall be passed by the votes of not less than three-fourths of the total number of members of the executive committee of that political party plus member of the House of Representatives belonging to that political party.

Section 121. If 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, an election of a member of the House of Representatives to fill the vacancy shall be held within forty-five days unless the remainder of the term of the House of Representatives is less than one hundred and eighty days. In the election under paragraph one, the candidate for an election shall be member of the political party having its members being member of the House of Representatives elected at the general election, and section 112 shall apply mutatis mutandis.

The replacing member of the House of Representatives may serve only for the remainder of the term of the House of Representatives.

Section 122. 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 of Representatives who is leader of the political party having its members of the House of Representatives holding no ministerial position, and having the largest number of members of the House of Representatives among the political parties having their members of the House of Representatives holding no ministerial position, and such number must not be less than one-fifth of the total number of members of the House of Representatives existed at the time of appointment.

In case there is no political party in the House of Representatives having the qualification determined under paragraph one, the member of the House of Representatives who is the leader of a political party receiving the majority support from member of the House of Representatives belonging to political parties which members of the House of Representatives do not hold the position of a minister shall be the leader of the oppositionin the House of Representatives. In case there are equal support there shall be a draw lot.

The Speaker 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 asreferred to in paragraph one or paragraph two, and section 122 shall apply mutatis mutandis, and in such case, the King will appoint new Leader of the Opposition in the House of Representatives to fill the vacancy.