Thailand Law Library

by Thailand Lawyer

In the case where the Head of the National Council for Peace and Order is of opinion that it is necessary for the benefit of reform in any field and to strengthen public unity and harmony, or for the prevention, disruption or suppression of any act which undermines public peace and order or national security, the Monarchy, national economics or administration of State affairs, whether that act emerges inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the powers to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order. In this case, that order, act or any performance in accordance with that order is deemed to be legal, constitutional and conclusive, and it shall be reported to the National Legislative Assembly and the Prime Minister without delay.

Subject to section 5 and section 44, the jurisdiction of the Constitutional Court is to decide whether any law is contrary to, or inconsistent with, this Constitution as well as the jurisdiction conferred thereto by the Organic Act on Ombudsmen and the Organic Act on Political Party. In case of the Ombudsmen, the matter to be submitted to the Constitutional Court is restricted to the matter that any law is contrary to, or inconsistent with, this Constitution.

The rules of procedure and judgment of the Constitutional Court shall be in accordance with the law on such matter. In the absence of that law, it shall be made in accordance with determinations of the Constitutional Court on rules of procedure and judgment which is in force prior to the date this Constitution comes into force if it is not contrary to, or inconsistent with, the provisions of paragraph one or this Constitution.

In case of necessity and appropriateness, the Council of Ministers and the National Council for Peace and Order shall have joint resolution to amend this Constitution and propose the draft Constitution Amendment to the National Legislative Assembly for approval.

The National Legislative Assembly shall approve or disapprove the draft Constitution Amendment within fifteen days as from the date of receipt of the draft Constitution Amendment.

The National Legislative Assembly is unable to amend the draft Constitution Amendment, except where the Council of Ministers and the National Council for Peace and Order agree upon.

The approval shall be made by a majority of votes of the existing members of the National Legislative Assembly.

If the National Legislative Assembly approves the draft Constitution Amendment, the Prime Minister shall present the draft Constitution Amendment to the King for His signature within fifteen days as from the date the approval has been given. When His signature has been given, the draft Constitution Amendment shall come into force as the Constitution upon its publication in the Government Gazette. The Prime Minister shall countersign His Royal Command. In this case, section 37 shall apply mutatis mutandis.

All Notifications and Orders of the National Council for Peace and Order as well as Order of the Head of the National Council for Peace and Order which were notified or made between the 22nd Day of May B.E. 2557 (2014) until the date the Council of Ministers takes office under this Constitution, regardless of their legislative, executive or judicial force, as well as all acts performed in compliance therewith before or after this Constitution comes into force shall be deemed to be legal, constitutional and conclusive. Any Notification or Order that still in force prior to the date this Constitution comes into force shall be in force until it is amended or repealed by law, rule, regulation, resolution of the Council of Ministers or order, as the case may be.

In the case where the National Council for Peace and Order has ordered any person to hold or vacate any official position as prescribed by section 24 prior to the date this Constitution comes into force, the Prime Minister shall present the King for appointment or removal.

All acts which have been done in relation to the seizure and control of the administration of State affairs on the 22nd Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and Order and the National Council for Peace and Order, including all acts which have been done by any person in connection with the aforesaid acts, or by the person who has been entrusted or ordered by the Head of the National Council for Peace and Order or the National Council for Peace and Order, for the fulfilment of such purposes, regardless of their legislative, executive or judicial force, as well as any punishment and other acts performed in relation to the administration of State affairs and whether the actors of those act are principals, accessories, persons who employ another to commit those acts or the employed persons and whether those acts done before or after the date mentioned above, if the aforesaid acts were illegal, all related person shall be exempted from being offenders and shall be exempted from all liabilities.

Countersigned by:
General Prayut Chan-O-Cha
Head of the National Council for Peace and Order