วันอังคารที่ 21 เมษายน พ.ศ. 2558

1st Draft of the Constitution of the Kingdom of Thailand - BOOK I

Unofficial translation

CONSTITUTION OF THE KINGDOM OF THAILAND

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GENERAL PROVISIONS

                       

                        Section 1.    Thailand is one and indivisible Kingdom.

                        Section 2.    Thailand adopts a democratic regime of government with the King as Head of State.

                        Section 3.    The sovereign power belongs to the Thai people.  The King as Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.
                        The performance of duties of the National Assembly, the Council of Ministers, the Courts, Constitutional organisations and State agencies shall be in accordance with the rule of law.

                        Section 4.    The human dignity, right, liberty and equality of the people shall be protected.



                        Section 5.      The Thai people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution.

                        Section 6.      The Constitution is the supreme law of State.  The provisions of any law, rule or regulation which are contrary to or inconsistent with this Constitution shall be unenforceable.

                        Section 7.      Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional convention in the democratic regime of government with the King as Head of State.
                        In the case where the question concerning any act or decision under paragraph one arises in the affairs of the House of Representatives, the Senate, the National Assembly, the Council of Ministers, the Supreme Court, the Supreme Administrative Court or any Constitutional organization, it may request the Constitutional Court to make decision thereon, but the request of the Supreme Court and the Supreme Administrative Court shall be approved by the plenary session of the Supreme Court or the Supreme Administrative Court and on the matter related to the trial and adjudication of the case.


BOOK I

THE KING AND THE PEOPLE

                       

CHAPTER 1

The King
                       

                        Section 8.      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 9.      The King is a Buddhist and Upholder of religions.

                        Section 10.   The King holds the position of Head of the Thai Armed Forces.

                        Section 11.   The King has the prerogative to create titles and confer decorations.


                        Section 12.   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 prescribed by this Constitution.

                        Section 13.   The selection, appointment or 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 14.   A Privy Councilor shall not be a member of the House of Representatives, a senator, a Constitutional Court judge, an Administrative Court judge, an Election Commissioner, a member of the State Audit Commission, a member of the National Counter Corruption Commission, a member of the Human Rights Ombudsmen, a government official holding permanent position or receiving a salary, an official of State enterprise, a State official or a member or official of political party, and must not manifest loyalty to any political party.

                        Section 15.   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 shall be loyal to His Majesty the King and shall faithfully perform my duties in the interests of the State and the people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

                        Section 16.   A Privy Councilor vacates office upon death, resignation or removal by Royal Command.

                        Section 17.   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.

                        Section 18.   Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King may appoint a person as the Regent.  In this regard, the President of the National Assembly shall countersign the Royal Command therefor.
  
                        Section 19.   In the case where the King does not appoint the Regent under section 18, or the King is unable to appoint the Regent owing to He is 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 of 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.
                        During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in giving an approval under paragraph one.

                        Section 20.   While there is no the Regent under section 18 or section 19, the President of the Privy Council shall act as the Regent pro tempore.
                        In the case where the Regent appointed under section 18 or section 19 is unable to perform his duties, the President of the Privy Council shall act as the 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 of the Privy Council.  In such case, the Privy Councilors shall elect one among themselves to be acting President of the Privy Council pro tempore.

                        Section 21.   Before taking office, the Regent appointed under section 18 or section 19 shall make a solemn declaration before the National Assembly in the following words:
                        “I, (name of the declarer), do solemnly declare that I shall be loyal to His Majesty the King (name of the King) and shall faithfully perform my duties in the interests of the State and the people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”
                        During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly under this section.

                        Section 22.   Subject to section 23, 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 already approved the draft Palace Law amendment and sign 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.  The Palace Law Amendment shall come into force upon its publication in the Government Gazette.
                         During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in acknowledging the matter under paragraph two.

                        Section 23.   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 then convoke the National Assembly for acknowledgement and shall invite such Heir to ascend the Throne and proclaim such Heir the King.
                        In the case where the Throne becomes vacant and the King has not appointed His Heir under paragraph one, the Privy Council shall submit the name of the Successor to the Throne under section 22 to the Council of Ministers for further submission to the National Assembly for approval.  In this regards, the name of a Princess may be submitted.  Upon the approval of the National Assembly, the President of the National Assembly shall invite such Successor to ascend the Throne and proclaim such Successor the King.
                        During the expiration of the term of the House of Representatives or the dissolution thereof, the Senate shall act as the National Assembly in acknowledging the matter under paragraph one or in giving an approval under paragraph two.

                        Section 24.   Pending the proclamation of the name of the Heir or the Successor to the Throne under section 23, the President of the Privy Council shall act as the Regent pro tempore.  In the case where the Throne becomes vacant while the Regent has been appointed under section 18 or section 19 or while the President of the Privy Council is acting as the Regent under section 20 paragraph one, such Regent, as the case may be, shall continue to be the Regent until the proclamation of the name of the Heir or the Successor to ascend the Throne as the King.
                        In the case where the Regent who has been appointed and continues to be the Regent under paragraph one is unable to perform his duties, the President of the Privy Council shall act as the Regent pro tempore.
                        In the case where the President of the Privy Council is the Regent under paragraph one or acts as the Regent pro tempore under paragraph two, the provisions of section 20 paragraph three shall apply.

                        Section 25.   In the case where the Privy Council has to perform its duties under section 19 or section 23 paragraph two, or the President of the Privy Council has to perform his duties under section 20 paragraph one or paragraph two or section 24 paragraph two, and there is, during that period, no President of the Privy Council or the President of the Privy Council is unable to perform his duties, the remaining Privy Councilors shall elect one among themselves to act as the President of the Privy Council or to perform the duties under section 20 paragraph one or paragraph two or section 24 paragraph three, as the case may be.


CHAPTER 2

The People

                       

Part 1

Citizenship and Citizens’ Duties

                       

                        Section 26.   The Thai people shall be citizen.
                        A citizen shall pay respect to and act in compliance with the Constitution and the laws, preserve rights and liberties of others and the principle of equality, uphold righteousness as well as good value and discipline, be responsible for citizen’s duties, be accountable to social and the public, and be in harmony, pertinacity and self-reliance.
                        No citizen shall act in advocacy of national or religious hatred or constitute any incitement to discrimination, hostility or violence.
                        The State shall implant citizen to uphold a regime of government with the King as Head of State and democratic value and shall prepare any education and training to citizen at all levels, groups and ages so as to institute the citizenship under this section.

                        Section 27.   A citizen shall have the following duties:
                        (1) to uphold the nation, religions, the King and the democratic regime of government with the King as Head of State under this Constitution;
                        (2) to defend the country, serve in armed forces and protect national benefits and to act in compliance with law;
                        (3) to pay tax in good faith;
                        (4) to exercise political right in good faith and for the benefit of the public;
                        (5) to render assistance to official service, to render assistance in prevention and rehabilitation of public calamity and in prevention and suppression of corruption, to receive education and training, to carry out occupation or profession in good faith, to protect, preserve, conserve and retain national and local convention and tradition, wisdom, art and culture and to preserve and conserve natural resources and environment.

                        Section 28.   A citizen who serves service in the National Moral Assembly, Citizen Assembly, Public Scrutiny Organization, and other organizations established by this Constitution shall perform his honor duties vigorously in an impartial and sacrificial manner.  In this regards, such citizen is entitled to necessary expense for the benefit of the performance of his duties as provided by law.


Part 2

Rights and Liberties of the People

                       

Section 1

General Provisions

                       

                        Section 29.   Human dignity, rights and liberties recognised by this Constitution explicitly, by implication or by decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, the Courts, Constitutional organisations and all State organs in enacting, applying and interpreting laws.
                        In exercising powers of all State authorities, human dignity, rights and liberties in accordance with the provisions of this Constitution shall be respected.

                        Section 30.   The rights of person recognized by this Constitution imply corresponding duties resting on the State and all State agencies to ensure the effectiveness of the exercise of such rights.  To fulfill such duties, regard shall also be had to financial capacity of the State.

                        Section 31.   No person shall exercise rights or liberties in a manner which may overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the provisions provided by this Constitution.
                         In the case where a person or group of person has committed the act under paragraph one, the person detecting such act shall have the right to request the Constitutional Court for ordering cessation of such act or any other appropriate order without prejudice to the institution of a criminal action against whom doing such act.

                        Section 32.   A person can invoke human dignity, exercise his right to freedom and exercise his rights and liberties in so far as it is not violation of rights and liberties of other persons or contrary to this Constitution or public order or good morals.
                        A person whose rights or liberties recognised by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit to, or to defend himself in, the Courts.
                        A person may bring a lawsuit against the State directly so as to act in compliance with the provisions of this Chapter.  If there is a law enforcing the exercise of any right or liberty as recognised by this Constitution, the exercising of that right or liberty shall be in accordance with such law.  If the Constitution provides that the exercise of any recognized right or liberty shall be made by virtue of law and that law has not been enacted yet, a person shall be entitled to bring a lawsuit against the State directly.
                        The law to be enacted under paragraph three shall, upon the principle of proportion, not oppose to the scope of, or cause impediment to, rights and liberties and the exercise thereof.
                        The State shall provide protection, enhancement and assistance to the people for the exercise of rights and liberties appropriately.

                        Section 33.   The restriction of rights and liberties recognised by this Constitution shall not be imposed on a person except by virtue of law specifically enacted for the purpose prescribed herein and only to the extent of necessity; provided that, it shall not affect the essential substances of such rights and liberties.
                        The law under paragraph one shall be of general application and shall not be intended to apply to any particular case or person; provided that, the provisions of the Constitution authorising its enactment shall also be mentioned therein.
                        The provisions of paragraph one and paragraph two shall apply mutatis mutandis to rules or regulations issued by virtue of law.
  

Section 2

Human Rights
                       

                        Section 34.   All persons are equal before the law and shall enjoy equal protection under the law.
                        Men and women shall enjoy equal rights and liberties.
                        Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, gender, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or training, or constitutionally political view shall not be made.
                        Measures determined by the State in order to eliminate obstacle to or to promote persons’ ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination under paragraph three.

                        Section 35.   Members of the armed forces, police force and government officials holding permanent position or receiving a salary and other officials of the State shall enjoy the same rights and liberties under the Constitution as those enjoyed by other persons, unless such enjoyment is restricted by law or rule specifically enacted or issued in regard to politics, efficiency, disciplines or ethics.

                        Section 36    A person shall enjoy the right and liberty in his life and person.
                        A torture, brutal act or punishment by a cruel or inhumane means shall not be made; provided that punishment under judgments of the Courts or by virtue of law shall not be deemed the punishment by a cruel or inhumane means.
                        Arrest and detention of person shall not be made except by order or warrant issued by the Courts or there is a ground as provided by law.
                        Search of person or act affecting the right and liberty under paragraph one shall not be made except by virtue of law.

                        Section 37.   No person shall be inflicted with a criminal punishment unless he has committed an act which the law in force at the time of commission provides to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by law in force at the time of the commission of the offence.
                        The suspect or the accused in a criminal case shall be presumed innocent.  Before the passing of a final judgement convicting a person of having committed an offence, such person shall not be treated as a convict.
                        No one shall, in criminal case, be compelled to testify against himself or to confess guilt.

                        Section 38.   The right of a person to marry and in family shall be protected.
                        The right of a person in dignity, reputation, personal information and privacy shall be protected.  The restriction of such right shall not be imposed except by virtue of the specifically enacted for public benefit or public figure.
                        Personal information of a person shall be protected from the seeking of unlawful benefit as provided by law.  The seeking of benefit through any means of personal information connectivity shall be provided by virtue of law.

                        Section 39.     A person shall enjoy the liberty of dwelling, and the peaceful habitation in and the possession of dwelling shall be protected.
                        The entry into a dwelling without consent of the possessor thereof or the search of a dwelling or private place shall not be made except by order or warrant issued by the Courts or there is a ground as provided by virtue of law.

                        Section 40.     A person shall enjoy the liberty of communication by lawful means.
                        The censorship, withholding or disclosure of communication between persons including any other act of disclosing a statement in the communication between persons shall not be made except by virtue of law specifically enacted for security of the State or maintaining public order or good morals.

                        Section 41.     A person shall enjoy full liberty to profess a religion, a religious denomination or creed, and observe religious precepts or commandments or exercise a form of worship in accordance with his belief; provided that it is not contrary to his citizens’ duties, public order or good morals.
                        In exercising the liberty referred to in paragraph one, a person shall be protected from any act of the State which is derogatory to his rights or detrimental to his due benefits on the grounds of professing a religion, a religious denomination or creed or observing religious precepts or commandments or exercising a form of worship in accordance with his different belief from that of others.

                        Section 42.     A person shall enjoy the liberty to express opinion, make speech, write, print, publicise, and make expression by any other means.
                        The restriction on liberty under paragraph one shall not be imposed except by virtue of law specifically enacted for the purpose of maintaining the security of State, protecting the rights, liberties, dignity, reputation, family or privacy rights of other persons, maintaining public order or good morals or preventing or halting the deterioration of the mind or health of the public.
  
                        Section 43.     The property right of a person shall be protected.  In using of any property, public benefit shall also be taken into consideration.  The extent and the restriction of such right shall be imposed by virtue of law.
                        The succession shall be protected.  The right of succession of a person shall be in accordance with the provisions of law.
                        An expropriation of immovable property shall not be made except by virtue of law specifically enacted for using in State affair and for the provision of public service or other public benefits.  In this regards, the purpose of expropriation and period of time for use of immovable property shall be specified in an immovable property expropriation law, and fair compensation shall be paid in due course to the owner thereof as well as to all persons having the rights thereto, who suffer loss by such expropriation.  The amount of compensation shall be fairly assessed with due regard to the normal market price, mode of acquisition, condition and location of the immovable property, loss of the person whose property or right thereto is expropriated, and benefits that the State and the person whose property or right thereto is expropriated may receive from the use of the expropriated property and the remnant from expropriation.  If the immovable property is not used to fulfil such purpose within such period of time, it shall be returned to the original owner or his heir in accordance with the provisions of the law.

                        Section 44.      A person shall have the rights in judicial process as follows:
                        (1)   right of easy, convenient, expedient, comprehensive and equal access to judicial process with fair cost;
                        (2)   right to correct, prompt, fair and standard trial.  Every child, youth, woman or aging or disabled person shall have the right to appropriate protection in judicial process;
                        (3) fundamental rights in judicial process composing of, at least, right to public trial, right to defend the case, right to object the partial judges, right to be considered by the full bench of judges and right to transcribe or copy decisive  decision, judgment or order;
                        (4)   an injured person, alleged offender, plaintiff, defendant or the accused, interested parties, interested person or witness to the case shall, irrespective of his race, sex, age, physical or health condition or status,  have the right to appropriate treatment;
                        (5)   an injured person, alleged offender, the accused and witness to a criminal case shall have the right to necessary and appropriate protection and assistance from the State and shall be investigated correctly, expediently and fairly upon apparent standard.  The alleged offender and the accused shall have the right to legal assistance from experienced legal practitioner, the right to temporarily release on bail except where otherwise imposed by virtue of law, and the right to know the justification of State attorney on prosecution or non-prosecution order;
                        (6)   right to obtain remedy for the violation of rights or liberties recognized by the Constitution.

                        Section 45.      Any person other than a person of Thai nationality residing within the Kingdom shall enjoy economic, social and cultural rights as provided by virtue of law or as rendered by the State.


Section 3

Civil Rights

                       

                        Section 46.      The family shall have the right to protection and assistance by the State in order to live altogether solidly and comfortably with appropriate living conditions including food, cloth and habitation as provided by virtue of law.
                        Every mother shall enjoy special protection and welfare as appropriate from the State and employer during a reasonable period before and after childbirth as provided by virtue of law.
                        Every child and youth shall enjoy the right to survive and to receive physical, mental and intellectual development in compliance with their personalities and in suitable surroundings, and shall, with regard to their active participation, be protected from the seeking of any benefit which may be risky to their mental or health or may impede their natural development.
                        Every child, youth, woman and member of family shall be protected by the State from violence and unfair treatment in all forms and shall have the right to rehabilitation upon an occurrence thereof.
                        The restriction of any right of child, youth and member of family shall not be imposed except by virtue of law specifically enacted for preservation and maintenance of condition or unity of family or for protection of child or youth welfare or for their greatest benefit.
                        Every child, youth, woman, person over sixty years of age with insufficient income and the disabled or handicapped shall have the right to welfare, public facilities and appropriate assistance for the State as provided by virtue of law.

                        Section 47.      A citizen shall enjoy the liberty of travelling and the liberty of making the choice of his residence within the Kingdom.
                        The restriction on such liberties under paragraph one shall not be imposed except by virtue of law specifically enacted for maintaining the security of the State, public order, public welfare, town and country planning or welfare of the youth.
                        Expatriation of Thai nationality by birth is prohibited.  Citizenship may be expired only as provided by virtue of law and against the will of the affected citizen only if he does not become stateless as a result.
                         No person of Thai nationality shall be deported or prohibited from entering the Kingdom.

                        Section 48.      Liberty of mass media to practice in accordance with professional ethics for the benefit of the public in knowing information and news correctly, thoroughly and holistically upon public accountability shall be protected.
                        The closure of mass media business in deprivation of the liberty under this section is prohibited.
                        The prevention of mass media from printing news or expressing opinion, wholly or partly, or interference in any manner whatsoever in deprivation of the liberty under this section, shall not be imposed except by virtue of law specifically enacted for the purpose of maintaining the security of State, protecting the rights, liberties, dignity, reputation, private data, family or privacy rights of other persons, maintaining public order or good morals or preventing or halting the deterioration of mental or health of the public.
                        The censorship by a competent official of news or articles before their publication in mass media shall not be made except during the time when the country is in a state of war; provided that, it must be made by virtue of law enacted under the provisions of paragraph three.
                        The owner of mass media business shall be citizen.  No citizen shall own or hold shares in many mass media business, directly or indirectly, in a manner that may control or monopolize the presentation of information, news or opinion to the public or obstruct an access to information or news of the public or hinder the public from obtaining information or news from various sources as prescribed by law.
                        No person holding political position shall be owner or shareholder in mass media business whether in his own name or through his nominee, and no such person shall act in any manner whatsoever so as to control such business as if he is the owner or shareholder thereof.
                        No grant of money, property or any other benefit shall be made by State as subsidies to private mass media.  The advertisement in, or buying of any other service from, private mass media by State shall be made by virtue of law specifically enacted for that purpose.

                        Section 49.      An official or employee in a private sector undertaking mass media business shall enjoy liberty to present news and express their opinions under the constitutional restrictions without mandate of State or the owner of such businesses; provided that, it is not contrary to their professional ethics.
                        A government official holding permanent position or receiving a salary and other officials of the State who performs duty as mass media shall enjoy the same liberties as those enjoyed by the official or employee under paragraph one.
                         Any act done by a person holding political position, State official or the owner of business with a view to obstruct or interfere the presentation of news or an expression of opinions in public issue of the person under paragraph one or paragraph two, irrespective of whether such act has been done directly or indirectly, shall be deemed as wilfully misuse of power and take no effect except where such act has been done through the enforcement of law or professional ethics.
                        There shall be the law establishing mass media profession organization so as to provide welfare for the persons under paragraph one and paragraph two, to protect mass media liberty and independence under section 48, to strengthen professional ethics and standard and to consider petition of whom affected from the enjoyment of liberty under section 48.

                        Section 50.      Transmission frequencies for radio or television broadcasting and telecommunication are national communication resources for public interest.
                        There shall be an independent regulatory body having the duty to allocate the frequencies under paragraph one and supervise radio, television, telecommunication and information technology businesses as provided by the law.  In this regards, regard shall be had to State security, the greatest public benefit at national and local levels with respect to the underprivileged in terms of education, culture and other public interests, including the participation of private sector and local community in accessing to and providing of public mass media as determined by national strategic and development plan and as provided by virtue of law.
                        In an execution under paragraph two, regards shall be had to free and fair competition.  The collection of any fee or charge for doing such businesses shall have regard to the extension, standard, quality and transparency of service at the possible lowest cost of the public rather than income of State or of that organization.
                        The owner of business under this section shall be citizen and shall not act in any manner which may produce the outcome under section 48 as imposed by virtue of law.

                        Section 51.      Academic freedom shall be protected.
                        Education and training, learning and teaching, research and disseminating of research according to academic principles shall be protected; provided that, it is not contrary to his citizen’s duties or good morals.
                        An analysis and criticize of judgment, decision or order of the Court and publication thereof in good faith and in accordance with academic principles shall be protected.
  
                        Section 52.      A citizen shall enjoy equal right to obtain quality and variety education comprehensively for self-development in compliance with local culture and his skill and proficiency from primary level through secondary level, both general and vocational educations, without pay as provided by virtue of law.
                        The indigent, disabled or handicapped, or destitute person shall enjoy an equal right under paragraph one and shall be supported by State to receive equal education with others.
                        State shall provide and promote the provision of education and training of professional or private organisation for, lifelong learning, self-directed learning, alternative education and other varieties means of education of, the people so as to promote morality, concentration and wisdom of the public.

                        Section 53.      A citizen shall enjoy the liberty to assemble peacefully and without arms.
                        The restriction on such liberty under paragraph one shall not be imposed except by virtue of law specifically enacted for the purpose of public assembling and for securing State security, public safety, public order or good moral of the people, protection of public health or the protection of rights or liberties of others.

                        Section 54.      A citizen shall enjoy the liberty to unite and form an association, union, federation, a co-operative, farmers’ group, private organisation, a non-governmental organisation or any other group.
                        A government official holding permanent position or receiving a salary and other officials of the State shall enjoy the same liberty to association so long as the efficiency of State administration and the continuation in providing public services are not affected as provided by law.
                        The restriction on such liberty under paragraph one and paragraph two shall not be imposed except by virtue of law specifically enacted for preventing common interests of the public, maintaining public order or good morals or preventing economic monopoly.

                        Section 55.      A citizen shall have political right under this Constitution and shall enjoy the liberty to unite and form a political party or political group in order to manifest political view of people and to carry out political activity for the fulfilment of such will through the democratic regime of government with the King as Head of State as provided by this Constitution.

                        Section 56.      A citizen shall enjoy the liberty to engage in an enterprise or an occupation or profession.
                         The restriction on such liberties under paragraph one shall not be imposed except by virtue of law specifically enacted for maintaining the security and safety of State or economy of the country, protecting the public in regard to public utilities, maintaining public order and good morals, regulating the engagement in an occupation or profession as necessary, consumer protection, town and country planning, preserving natural resources or the environment, public welfare, preventing monopoly or eliminating unfair competition.
                        Forced labour shall not be imposed except by virtue of law specifically enacted for the purpose of averting imminent public calamity or by virtue of the law which provides for its imposition during the time when the country is in a state of war or armed conflict, or when a state of emergency or martial law is declared or by virtue of law which provides for the probation of the offender in accordance with the judgment or order of the Court.

                        Section 57.      A citizen shall have the right to fair wage and the right to appropriate and fair work safety, occupational health, security and welfare and to living security irrespective of whether he is employed or unemployed in accordance with the provisions of law.

                        Section 58.      A citizen shall have the right to public health as provided by virtue of law as follows:
                        (1) to live in environment and surrounding which are suitable for healthy;
                        (2) to obtain appropriate, quality and standard health service as well as other basic benefits comprehensively;
                        (3) to obtain correct and up-to-date health-related information from the State.
                        Citizen whom injured from public health service and public health service provider whom damaged from practicing in accordance with professional standard and ethics shall be protected by the State appropriately as provided by virtue of law.

                        Section 59.      A citizen shall have the right to access and utilize public service provided by the State continually, comprehensively and equally and State shall regularly modernize such public service.

                        Section 60.      Right of consumer shall be protected.
                        There shall be a consumer protection organisation which acts independently and not being State agency consisting of representatives of consumers to perform the function of giving opinions to a State agency on the enactment and application of laws, rules and regulations and on the determination of various measures for consumer protection, and for examining and making a report on any act or omission related to consumer protection as well as enhancing and promoting necessary consumer protection knowledge and skill to consumer.  The State shall provide financial support for an operation of such organisation.

                        Section 61.      A citizen shall have the right to obtain and access to public information in possession of the State, unless the disclosure of such information shall affect the security of State, public safety, interests of other persons which shall be protected, or personal information of other persons as provided by law.

                        Section 62.      A citizen shall have the right to petition and to participate in the decision-making process of State official in the performance of administrative functions which affect or may affect his rights and liberties and shall have the right to be informed of the result thereof without delay.
                        A citizen shall have the right to obtain information, explanation and justification from the State before granting of any sort of permission or undertaking any project or activity which may affect the quality of environment, health, quality of life or any other substantial interest in concerning with him or his community and shall have the right to express his opinions on such matters to the concerned agencies for their consideration.
                        The State shall arrange comprehensive public consultation prior to the making of national strategy, economic and social development plan and any other plan, the expropriation of immovable property, the making of town and country planning, the determination of land use, and the enactment of rule which may affect material interest of the public, and the result of public consultation shall be taken into State’s consideration.  In this regards, the historic and cultural sites shall also be taken into consideration.

                        Section 63.      A community shall have the right to protect, rehabilitate, conserve, retain and develop community, local or national tradition and custom, art and culture and old good wisdom and shall have the right to participate in management, maintenance and exploitation of natural resources, environment and biological diversity in a balanced and sustainable manner.
                        Citizen shall have the right to participate with community or State in an implementation under paragraph one and in any other matter which may be beneficial to community.

                        Section 64.      Rights of citizen to participate with State and community in an exploitation of natural resources and biological diversity fairly and in conservation, promotion and maintenance of quality of environment for usual and consistent survival in the environment which is not hazardous to his health, welfare or quality of life shall be protected.
                         Any project or activity which may be seriously detrimental to community in respect of environmental quality, natural resources and biological diversity shall not be undertaken, unless its impacts on quality of environment and health of the people in community have been studied and evaluated by an impartial person.  In the case where strategic environment assessment is required, regards shall also be had to the compatible output thereto.  Additionally, consultation with the public and interested parties shall be organized prior to the commencement thereof, and opinions of an independent organisation, consisting of representatives from private environmental and health organisations and from higher education institutions providing studies in the field of environment, natural resources or health, have been obtained prior to the undertaking of such project or activity.
                        The right of citizen and a community which may be affected from the undertaking under this section to take legal action against State or State agency to enforce the performance of duties under this section shall be protected.


Part 3

Political Participation

                       

                        Section 65.      A citizen shall have the right to obtain information related to, and to express opinion on, the developing and the making of decision on public policy whether at national, regional or local level, including in the consideration of bill or draft rule and any undertaking of the project or activity which may affect his way of life or normal livelihood, environmental quality, natural resources and health and other matter as provided by virtue of law.
                        State agency which is accountable for the developing of each public policy shall have the duty to enable citizen to enjoy the participation under paragraph one.
                        The citizen participation procedure under this section shall be provided by law.

                        Section 66.      Citizens having the right to vote of not less than ten thousand in number shall have the right to submit the bill under BOOK I, Chapter 2, Part 2 Rights and Liberties of People and Book II, Chapter 2 Directive Principles of Fundamental State Policies under this Constitution to the National Assembly as provided by virtue of law.
                        State organization having duties in preparing and examining the bill shall have the duties in supporting citizen in preparing and submitting the bill as provided by virtue of law.
                         In an examination of the bill under paragraph one, the House of Representatives and the Senate shall invite the representatives of the citizens who submit the bill to introduce the bill and at least one-thirds of the total number of the members of the extraordinary committee to be established for the examination of such bill shall compose of the representatives of the citizens who submit that bill.

                        Section 67.      Citizens having the right to vote shall cast votes in referendum on an amendment of the Constitution or on the matter which may affect national or public interest as notified by the Royal Proclamation or on the matter provided by law.  The referendum shall be held in accordance with the rules and procedure as provided by the Organic Law on Referendum.
                        The referendum under paragraph one may be held for the purpose of finding solution by the majority votes of eligible voters in the referendum on the issued posed by referendum or for the purpose of advising the Council of Ministers, unless specifically provided by law.
                        A vote in a referendum shall only be held in the subject matter of referendum.  A referendum shall not be held on an issue specifically relating to any individual or group of persons, except as prescribed by this Constitution.

                        Section 68.      A citizen shall have the right to peacefully resist an act committed for the acquisition of the power to rule the country by means which is not in accordance with the modes provided by this Constitution.


Part 4

Public Examination

                       

                        Section 69.      State agency, private agency, non-governmental organization or any other organization which undertake its activity by State funds shall have the duty to disclose information relating to such activity to the public for monitoring and examination as imposed by law; provided that, such information concerning with security of the State or the disclosure thereof is prohibited by law.

                        Section 70.      For the benefit of prevention and suppression of corruption, citizen shall have the right to request information on, and to monitor, the followings matters as provided by law:
                        (1) the undertaking or the performance of duties of a person holding political position, State agency and State official;
                        (2) the spending of State funds and procurement of State agency;
                         (3) the acceptance of donation of, and the spending of money of, political party or political group and a candidate in an election at all levels;
                        (4) the spending of money of any natural person or juristic person having transaction with State agency or State official if there is a reasonable ground to believe that such person involving in corruption by requesting any organization relating to examination of State affairs or State agency having duties to control, supervise or filing or registering such juristic person to conduct examination as provided by law.
                        The disclosure of information under paragraph one is prohibited if it may detrimental to national security, public safety or recognized interests of others as provided by law.
                        Citizen and mass media providing, in good faith, information to organization relating to examination of State affairs, State agency or the public concerning with the performance of duties of a person holding political position, State agency and State official shall be protected.
                        Any person exercising the right under paragraph one dishonestly shall be liable to an offence as provided by law.

                        Section 71.      To empower the people in each Changwat[1] to participate directly in examination of the exercise of State power, there shall establish the Public Scrutiny Council in each Changwat consisting of not more than fifty members who domicile in such Changwat.  In this regards, not more than one-fourth of the members shall be representatives of the Citizen Assembly and not more than one-fourth of the members shall be representatives of the civil society and the remainder shall be eligible voters.
                        The qualifications, prohibitions, acquisition, background, behavior and ethics examination, term of office and vacation from office of the members, rule and procedure for the exercise of powers and duties, secretariat unit of the Public Scrutiny Council as well as other necessary matters shall be provided by law.
                        The Public Scrutiny Council shall, within the precinct of each Changwat, have the powers and duties to examine any act of the candidates in an election, local administrators, members of local assembly, State officials and State agencies particularly to the following matters:
                        (1) the trustworthiness and fairness of an election of the members of the House of Representatives, the members of the Senate, local administrators and members of local assembly;
                        (2) legality of an act of local administrators, members of local assembly, State officials and State agencies in that Changwat;
                        (3) corruption in public procurement and the spending of State funds of State agencies;
                        (4) violation of rights or liberties of the people;
                        (5) conflict of interests and ethics violation.

                        Section 72.      Citizens having the right to vote of not less than twenty thousand in number shall have the right to lodge with the President of the National Assembly a complaint in order to request the National Assembly to pass a resolution removing a person holding political position or other positions from office or deprive his right to hold any political position or other positions under section 253.  Such complaint shall clearly express the circumstances in which such person allegedly committed the wrongful act.
                        The rules, procedure and conditions for the lodging of the complaint under paragraph one shall be provided by law.




[1]Thai for Province 

N.B. As of April 17, 2015.
©2015 Pakorn Nilprapunt, Chintapun Dungsubutra, Vareerat Ratanaviboonsom and Natthanicha Aneksomboonphol, Office of the Council of State of Thailand <personal copyright>

Remark: This translation has been made within timely limit so as to portray the draft Constitution to foreigners. Any reference shall be made to Thai version.

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