Thailand Law Library

by Thailand Lawyer

The King appoints the Prime Minister in accordance with the resolution of the National Legislative Assembly and not more than thirty-five other Ministers as recommended by the Prime Minister to constitute the Council of Ministers having the duties to carry out the administration of State affairs, to conduct reformation in all aspects and to strengthen unification and harmonization of Thai people. Before taking office, a Minister must make a solemn declaration before the King in the following words: “I, (name of the declarer), do solemnly declare that I shall be loyal to the King and shall faithfully perform my duties in the interests of the country and of the people. I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

The King has the prerogative to remove the Prime Minister from office in accordance with the recommendation of the President of the National Legislative Assembly made by the resolution of the National Legislative Assembly as introduced by the National Council for Peace and Order, and to remove the Minister in accordance with the recommendation of the Prime Minister.

The Royal Command appointing and removing the Prime Minster shall be countersigned by the President of the National Legislative Assembly.

The Prime Minister and Minister shall have the right to attend, and to give statements of fact or opinions to, the sitting of the National Legislative Assembly or the National Reform Council, but having no right to vote. In this case, the provisions on privilege under section 17 shall apply to the giving of statements of fact or opinions of the Prime Minister and Minister under this section mutatis mutandis.

The Prime Minister and Minister shall have the qualifications and not being under the prohibitions as follows:

1. being of Thai nationality by birth;
2. being of not less than forty years of age;
3. having graduated with not lower than a Bachelor’s degree or its equivalent;
4. not being or having been a member of a political party within three years prior to the date of appointment, and not being under the prohibitions under section 8;
5. not being a member of the National Legislative Assembly, the National Reform Council, the Constitution Drafting Committee or local assembly or local administrator;
6. not being a judge of the Constitutional Court, a judge of any Court, a State Attorney, a commissioner of the Election Commission, an Ombudsman, a commissioner of the National Counter Corruption Commission, a commissioner of the State Audit Commission, the Auditor-General or a member of the Human Rights Commission.

The Prime Ministership or the Ministership terminates upon disqualifications or being under the prohibitions under paragraph one or upon the provisions of section 9 (1) or (2).