CHAPTER I
General Provisions
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Section 1 Thailand is one and indivisible Kingdom.
Section 2 Thailand adopts a democratic regime of government with the King
as Head of the State.
Section 3 The sovereign power belongs to the Thai people. The King as Head
of the State shall exercise such power through the National Assembly, the Council of
Ministers and the Courts in accordance with the provisions of the Constitution.
The National Assembly, the Council of Ministers, the Courts, the Constitutional
Organizations, and State organs shall perform duties in accordance with the Constitution,
laws, and the rule of law for the common interests of the country and the well-being of the
people as a whole.
Section 4 The human dignity, right, liberty and equality of the people shall
be protected.
The Thai people shall enjoy equal protection under the Constitution.
Section 5 The Constitution is the supreme law of the State. The provisions of
any law, rule, or regulation, or any action which are contrary to or inconsistent with the
Constitution shall be unenforceable.
Whenever no provision under this Constitution is applicable to any case, it shall
be acted or decided in accordance with the constitutional practice in the democratic regime
of government with the King as Head of the State.
In the event where the circumstance under Paragraph Two arises, the President
of the Constitutional Court shall convene a joint meeting of the President of the House of
Representatives, the Opposition Leader in the House of Representatives, the President of
the Senate, the Prime Minister, the President of the Supreme Court, the President of the
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Supreme Administrative Court, the President of the Constitutional Court, and the Presidents
of Constitutional Organizations to make decision thereon.
The joint meeting under Paragraph Three shall elect one among themselves to
preside over each session. In case of the absence of any position holder, the joint meeting
shall be composed of the existing holders of the positions.
A decision of the joint meeting shall be made by the majority of votes. In case of
an equality of votes, the presiding member shall have an additional vote as a casting vote.
The decision of the joint meeting shall be deemed final and binding on the
National Assembly, the Council of Ministers, the Courts, the Constitutional Organizations,
and State organs.
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CHAPTER II
The King
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Section 6 The King shall be enthroned in a position of revered worship and
shall not be violated.
No person shall expose the King to any sort of accusation or action.
Section 7 The King is a Buddhist and Upholder of religions.
Section 8 The King holds the position of Head of the Thai Armed Forces.
Section 9 The King has the prerogative to create and remove titles and to
confer and recall decorations.
Section 10 The King selects and appoints qualified persons to be the
President of the Privy Council and not more than eighteen Privy Councilors to constitute the
Privy Council.
The Privy Council has the duty to render advice to the King on all matters
pertaining to His functions as He may consult, and has other duties as provided in the
Constitution.
Section 11 The selection and appointment or the removal of a Privy Councilor
shall be at the King’s pleasure.
The President of the National Assembly shall countersign the Royal Command
appointing or removing the President of the Privy Council.
The President of the Privy Council shall countersign the Royal Command
appointing or removing other Privy Councilors.
Section 12 A Privy Councilor shall not be a member of the House of
Representatives, a member of the Senate or a holder of any other political position, a judge
of the Constitutional Court, a position holder in a Constitutional Organization, a government
official, an official of a State enterprise, any other State official, or a member or an official of
a political party, and shall not manifest loyalty to any political party.
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Section 13 Before taking office, a Privy Councilor shall make a solemn
declaration before the King in the following words:
“I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty
the King and will faithfully perform my duties in the interests of the country and of the
people. I will further uphold and observe the Constitution of the Kingdom of Thailand in
every respect.”
Section 14 A Privy Councilor vacates office upon death, resignation, or
removal by a Royal Command.
Section 15 The appointment and removal of officials of the Royal Household
and of the Royal Chief Aide-de-Camp shall be at the King’s pleasure.
Bureaucracy organization and personnel administration in the service of the Royal
Household shall be at the King’s pleasure, as provided in the Royal Decree.
Section 16 Whenever the King is absent from the Kingdom or unable to
perform His functions for any reason whatsoever, the King will appoint a person as the
Regent and the President of the National Assembly shall countersign the Royal Command.
Section 17 In the case where the King does not appoint the Regent under
Section 16, or the King is unable to appoint the Regent owing to His not being sui juris or any
other reason whatsoever, the Privy Council shall submit the name of a person suitable to
hold the office of the Regent to the National Assembly for approval. Upon approval by the
National Assembly, the President of the National Assembly shall make an announcement, in
the name of the King, to appoint such person as the Regent.
Section 18 While there is no Regent under Section 16 or Section17, the
President of the Privy Council shall be Regent pro tempore.
In the case where the Regent appointed under Section 16 or Section 17 is unable
to perform his duties, the President of the Privy Council shall act as Regent pro tempore.
While being the Regent under Paragraph One or acting as the Regent under
Paragraph Two, the President of the Privy Council shall not perform his duties as President
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of the Privy Council. In such case, the Privy Council shall select a Privy Councilor to act as
President of the Privy Council pro tempore.
Section 19 Before taking office, the Regent appointed under Section 16 or
Section 17 shall make a solemn declaration before the National Assembly in the following
words:
“I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty
the King (name of the King) and will faithfully perform my duties in the interests of the
country and of the people. I will further uphold and observe the Constitution of the
Kingdom of Thailand in every respect.”
Section 20 Subject to Section 21, the succession to the Throne shall be in
accordance with the Palace Law on Succession, B.E. 2467.
The Amendment of the Palace Law on Succession, B.E. 2467 shall be the
prerogative of the King. At the initiative of the King, the Privy Council shall draft the Palace
Law Amendment and shall present it to the King for His consideration. When the King has
approved the draft Palace Law amendment and put His signature thereon, the President of
the Privy Council shall notify the President of the National Assembly for informing the
National Assembly. The President of the National Assembly shall countersign the Royal
Command and the Palace Law Amendment shall come into force upon its publication in the
Government Gazette.
Section 21 In the case where the Throne becomes vacant and the King has
already appointed His Heir to the Throne under the Palace Law on Succession, B.E. 2467, the
Council of Ministers shall notify the President of the National Assembly. The President of
the National Assembly shall convoke the National Assembly for the acknowledgement
thereof, and shall invite such Heir to ascend the Throne and proclaim such Heir the King.
Afterwards, the President of the National