Thailand Law Library

by Thailand Lawyer

There shall establish the Constitution Drafting Committee to prepare the Draft Constitution, consisting of thirty-six members appointed by the Chairperson of the National Reform Council from the following persons:

1. the Chairperson of the Committee as proposed by the National Council for Peace and Order;
2. twenty persons as proposed by the National Reform Council;
3. persons as proposed by the National Legislative Assembly, the Council of Ministers and the National Council for Peace and Order, five persons each.

An appointment of the Constitution Drafting Committee under paragraph one shall complete within fifteen days as from the date of the first meeting of the National Reform Council.

If a member of the Constitution Drafting Committee vacates office by whatever reason, the remaining members shall continue their duties. In this case, it shall be deemed that the Constitution Drafting Committee consists of the remaining members, but the Chairperson of the National Reform Council shall, in accordance with the rules as prescribed in paragraph one, appoint a new member of the Constitution Drafting Committee to fulfil the vacancy within fifteen days as from the date the member of the Constitution Drafting Committee vacates office.

The provisions of section 18 shall apply to the performance of duties of the Constitution Drafting Committee mutatis mutandis.

A member of the Constitution Drafting Committee shall be a person of Thai nationality by birth of not less than forty years of age and not being under the prohibitions as follows:

1. being a person holding political position, but not including a member of the National Council for Peace and Order, a member of the National Legislative Assembly or a member of the National Reform Council;
2. being or having been a member of, or holding any position in, political party within three years prior to the appointment;
3. being under the prohibitions under section 29;
4. being judge or a person holding any position in Constitutions Organs under the Constitution of the Kingdom of Thailand B.E. 2550 (2007).

For the prevention of conflict of interests, no member of the Constitution Drafting Committee shall hold any political position within two years after vacating office.

The Constitution Drafting Committee shall propose the Draft Constitution to the National Reform Council for deliberation within one hundred and twenty days as from the date of receipt of the advice or recommendation of the National Reform Council under section 31 (2).

The Constitution Drafting Committee shall, in preparing the draft Constitution, take the advice or recommendation of the National Legislative Assembly, the Council of Ministers, the National Council for Peace and Order and comments of the public and related agencies into its deliberation.

The draft Constitution shall cover the following matters:

1. the principle of being one and indivisible Kingdom;
2. the democratic regime of government with the King as the Head of State which is suitable for Thai context;
3. the efficient mechanism for prevention, examination and suppression of corruption in both public and private sectors, including mechanism to guarantee that State powers shall be exercised only for national interest and public benefit;
4. the efficient mechanism for prevention of a person whom ordered by a judgment or any legal order that he commits any corruption or undermines the trustworthiness or fairness of an election from holding any political position stringently;
5. the efficient mechanism which enabling State officials; especially a person holding political position, and political party to perform their duties or activities independently and without illegal manipulation or mastermind of any person or group of persons;
6. the efficient mechanism for strengthening the Rule of Law and enhancing good moral, ethics and governance in all sectors and levels;
7. the efficient mechanism for restructuring and driving economic and social system for inclusive and sustainable growth and preventing populism administration which may damage national economic system and the public in the long run;
8. the efficient mechanism for accountable spending of State fund which shall be in response of public needs and compliance with financial status of the country, and the efficient mechanism for audit and disclosure of the spending of State fund;
9. the efficient mechanism for prevention of the fundamental principle to be laid down by the new Constitution;
10. the mechanism which is necessary for further implementation for the completion of reform.

The Constitution Drafting Committee shall deliberate the necessity and worthiness of the Constitutional Organs of, and other organizations to be established by the provisions of, the new Constitution. In case of necessity, measures to ensure the efficient and effective performance of each organization shall be addressed.