IPU PARLINE database: THAILAND (Saphaphuthan Ratsadon), Oversight

Parliament name (generic / translated)

Rathasapha / National Assembly

Structure of parliament

Bicameral

Chamber name

Saphaphuthan Ratsadon

Related chamber (for bicameral parliaments)

Wuthisapha / Senate

Type of political regime

parliamentary / constitutional monarchy

Notes

The King is the Head of State and enthroned in a position of revered worship that may not be violated (Section 8 of the Constitution). No person may expose the King to any sort of accusation or action. The King also holds the position of Head of the armed forces and has the prerogative to create titles and confer decorations.

Head of the executive

Prime Minister

Notes

The Prime Minister is the Head of the executive and carries out the administration of state affairs. He or she must be appointed from among members of the House of Representatives or from among persons who have previously been ministers during a term of the same House.

Method for appointing the executive

The House of Representatives completes its consideration and approval of the person suitable to be appointed Prime Minister within 30 days from the day the National Assembly (both chambers) is convoked for the first sitting. The nomination of such person must be endorsed by not less than one fifth of all members of the House. The resolution approving the appointment of a Prime Minister must be passed by the votes of more than one half of all members of the House. The King formally appoints the Prime Minister, as well as not more than 35 other ministers to constitute the Council of Ministers, with the Speaker of the House countersigning the Royal command (Section 201 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The term of the House of Representatives, together with the term of the Prime Minister, is set at four years (Section 114 of the Constitution). These terms do not coincide with the term of the Senate of six years (Section 130 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

Yes

No Prime Minister or minister may be a member of the House of Representatives or senator simultaneously (Section 204 of the Constitution). A member of the House of Representatives who has been appointed as Prime Minister or minister must vacate office on the day following the date on which 30 days have elapsed from the date of the issuance of the Royal command.

Dissolution of Parliament

Yes

Circumstances

The King has the prerogative to dissolve the House of Representatives for a new election (Section 116 of the Constitution). The dissolution may be made in the form of a Royal decree in which the Prime Minister or Head of Government can announce any political reason under the current Constitution.

Modalities

The Royal decree for the dissolution of the House fixes the day for a new general election, to be held within 60 days. The dissolution may be made only once under the same circumstance. Between 1990 and 2000, the House was dissolved four times, in 1992, 1995, 1996 and 2000. The first dissolution occurred because the Prime Minister was not appointed from among the members of the House. The reason for the two subsequent dissolutions was that the dissenting government coalition could not administer state affairs fraternally anymore. The last dissolution was triggered by the resignation of opposition party parliamentarians from the House of Representatives.

Accountability of Government to Parliament

Yes

Government accountability to the parliament can be brought into play collectively and individually.

Modalities of oversight

Oral and written questions of parliamentarians

Every parliamentarian has the right to put oral and written questions, as well as interpellations to a minister on any matter within the scope of his or her authority, but the minister has the right to refuse to answer if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the grounds of security or vital state interest (Section 183 of the Constitution).

For any matter which involves an important problem of public concern, affects national or public interest, or requires urgency, a member of the House of Representatives may notify the Speaker of the House in writing prior to the commencement of the sitting of the day, that they will question the Prime Minister or minister responsible for the administration of state affairs on that matter without specifying the question, and the Speaker places such matter on the agenda of the meeting of that day (Section 184 of the Constitution). The interpellation and the answer to the interpellation may be made once a week and a verbal interpellation by a member of the House on a matter involving the administration of state affairs may be made no more than three times on each matter.

Not less than three fifths of all senators have the right to submit a motion for a general debate for the purpose of requesting the Council of Ministers to give statements of fact or explain important problems in connection with the administration of state affairs, without a resolution to be passed (Section 187 of the Constitution). The motion for a general debate may be submitted only once in each session.

Government reports to Parliament

Not applicable

Measures

Vote of confidence on Government programs and/or legislative proposals

The Council of Ministers that assumes the administration of state affairs must, within 15 days from the date it takes office, state its policies to the National Assembly, provided that no vote of confidence is passed (Section 211 of the Constitution). Before stating its policies, if a case of importance and necessary urgency arises, which, if left delayed, will affect the well-being of the country, the Council may, for the time being, carry out such acts in so far as it is necessary. In case of an important problem in the administration of state affairs where the Council of Ministers deems it advisable to sound out the opinion of parliamentarians, the Prime Minister may also give a notice to the President of the National Assembly, requesting that a general debate be held at a joint sitting (Section 213 of the Constitution). No resolution may be passed by the National Assembly on the issue put in the debate.

Motions of censure and votes of no confidence (sub-report)

Circumstances

Members of the House of Representatives have the right to submit a motion for a general debate for the purpose of passing a vote of no confidence in the Prime Minister (Section 185 of the Constitution). They may also submit a motion for a general debate for the purpose of passing a vote of no confidence in an individual minister (Section 186 of the Constitution). The King has the prerogative to remove a minister from his or her office upon the advice of the Prime Minister (Section 217 of the Constitution)

Modalites

With respect to the Prime Minister, not less than two fifths of all members of the House, and not less than one fifth with regard to an individual minister, have the right of moving a vote of no confidence. Such motion must nominate the next Prime Minister. The submission of a motion for a general debate, if it is concerned with the behaviour of the Prime Minister or minister which involves circumstances of unusual wealth, exhibits a sign of malfeasance in office or intentionally violates the provisions of the Constitution or law, may not be submitted without a petition for removal from office being presented. Upon such submission, the motion proceeds without awaiting the outcome of removal proceedings. If the general debate is concluded, the House passes a vote of confidence or no confidence, but voting may not take place on the date of the conclusion of the debate. The vote must be passed by more than one half of all members of the House.

Consequences

In cases where a vote of no confidence is not passed, the members who submitted the motion for the general debate no longer have the right to submit another such motion during the session. In the case where a vote of no confidence is passed, the Speaker of the House submits the name of the person nominated for Prime Minister to the King for appointment, or a minister is simply dismissed. Ministers vacate office en masse upon the termination of the mandate of the Prime Minister. The outgoing Council of Ministers remains in office until the newly appointed Council takes office.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

A person holding a position of Prime Minister, minister, member of Parliament, President of the Supreme Court of Justice, Constitutional Court or Supreme Administrative Court, or prosecutor general, who is shown to be in possession of unusual wealth indicative of the commission of corruption, malfeasance in office, malfeasance in judicial office or an intentional exercise of power contrary to the provisions of the Constitution or law, may be removed from office by the Senate (Section 303 of the Constitution). These provisions also apply to the persons holding the positions of election commissioner, Ombudsman, Judge of the Constitutional Court, member of the state audit commission, Judge, public prosecutor or high official.

Modalites and procedure

Not less than one fourth of all members of the House of Representatives or not less than 50,000 voters have the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution removing a person from office (Section 304 of the Constitution). The said request must clearly itemise circumstances in which such person has allegedly committed the act. Not less than one fourth of all senators have the same right. Upon receipt of the request, the President of the Senate refers the matter to the National Counter Corruption Commission for investigation without delay. When the investigation is complete, the commission prepares a report for the Senate. The report clearly states whether the accusation put in the request is a prima facie case and states the reasons for this decision. If the commission passes a resolution that the accusation has a prima facie case, the holder of the position against whom the accusation has been made may not, as from the date of such resolution, perform his or her duties until the Senate has passed its resolution.

The president of the commission submits the report and its opinion to the President of the Senate and to the prosecutor general to institute proceedings in the Supreme Court of Justice's criminal division for persons holding political positions. If the commission is of the opinion that the accusation has no prima facie case the accusation lapses. Upon receipt of the report, the President of the Senate convokes a sitting of the Senate to consider the matter without delay. In a trial, the Supreme Court of Justice's criminal division relies on the file of the commission, but may conduct an investigation on its own. In the case where the Prime Minister, a minister, member of Parliament or other political official has been accused of becoming unusually wealthy, or of the commission of malfeasance in office or of a dishonest act in the performance of duties or of corruption, the Supreme Court of Justice's criminal division has the jurisdiction to try and adjudicate the case (Section 308 of the Constitution).

Consequences

A senator has autonomy in casting a vote on a resolution, which must be by secret ballot. A resolution for the removal of any person from office may be passed by votes of not less than three fifths of all senators. A person who is removed from office vacates office or is released from government service as of the date of the resolution. Such person is deprived of the right to hold any political position or to serve in government service for five years. The resolution is final and no request for the removal of such person from office may be made on the same grounds, without prejudice, however, to any trial by the Supreme Court of Justice's criminal division. An adjudication of a case before the court is made by a majority of votes; provided that every Judge constituting the quorum prepares his or her written opinion and makes oral statements to the meeting prior to the passing of a resolution.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The House of Representatives and the Senate are vested with the power to control the administration of state affairs (Section 182 of the Constitution).

Means and modalities of oversight

Hearings in Committees

Committees have the power to demand documents from any person or summon any person to give statements of fact or opinions on the act or the matter under its inquiry or study (Section 189 of the Constitution). In case such person is a government official, official or employee of a state agency, state enterprise or local government organisation, the chairman of the committee notifies the minister who supervises and controls the agency to which such person is attached in order to instruct him or her to act as prescribed. However, the supervising minister may be exempt from complying where state security or higher state interests are involved.

Committees of inquiry and missions to Government departments

Both Chambers have the power to select and appoint members to constitute an ad hoc committee in order to perform any act, inquire into or study any matter within the powers and duties of the Chambers and report their findings to the plenary session (Section 189 of the Constitution). The resolution appointing such an ad hoc committee must specify the activity or the matter concerned clearly and without repetition or duplication.

Oral and written questions of parliamentarians

Every parliamentarian has the right to put oral and written questions, as well as interpellations to a minister on any matter within the scope of his or her authority. The minister has the right to refuse to answer if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the grounds of security or vital state interests (Section 183 of the Constitution). Oral questions on any matter involving the administration of state affairs can be posed once a week. Two follow-up questions are allowed after an initial answer, but each question should be answered within 20 minutes. This time limit can be extended to not more than 60 minutes. Written questions can be posed anytime. Parliamentarians ask the minister concerned to reply within 15 days in the House, or within 30 days in the official gazette, from the date the question reaches the minister. Note that questions cannot give rise to debates.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

Ombudsmen, the office of the National Human Rights Commission, the office of the National Counter Corruption Commission, and the office of the auditor general are required to submit annual activity reports to the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsmen, not more than three in number, are appointed by the King with the advice of the Senate, from persons recognised and respected by the public, with knowledge and experience in the administration of state affairs, enterprises or activities of common interest to the public and with apparent integrity (Section 196 of the Constitution). The President of the Senate countersigns the Royal command appointing the Ombudsmen. They hold office for a term of six years and may serve for only one term.

Relationship to Parliament

Ombudsmen have the powers and duties (i) to consider and inquire into complaints regarding any failure to perform in compliance with the law by public officials, in case of performance of or omission to perform duties by a public official that unjustly causes injuries to the complainant or the public, whether such act is lawful or not; and (ii) to prepare reports and submit opinions and suggestions to the National Assembly. If the Ombudsman is of the opinion that the provisions of the law, rules or regulations beg the question of constitutionality, he or she submits the case and the opinion to the Constitutional Court or administrative court for decision. The courts, as the case may be, decide the case submitted without delay.

Consultation of Parliament in the preparation of the national budget

No data

Not available

Modalities of oversight

Examination of the budget / finance act by Parliament

The expenditure estimates of the state are made in the form of an act (Section 179 of the Constitution). The House of Representatives must finish the consideration of an annual appropriations bill, a supplementary appropriations bill and a transfer of appropriations bill within 105 days from the date the bill reaches the House. If the House has not finished the consideration of the bill within that period, such bill is deemed approved by it and is submitted to the Senate for consideration. The Senate must approve or disapprove it without any amendment within 20 days. Upon the lapse of that period, such bill is deemed approved. In case the Senate approves it, the Prime Minister presents the bill to the King for signature within 20 days, and it comes into force upon its publication in the official gazette. If the Senate disapproves the bill, and the House resolves to reaffirm the original bill or the bill considered by the joint committee receives the votes of more than one half of the total number of its members, such bill is deemed approved by the National Assembly.

Reports on the budget / finance act by Committees

Not available

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The national development plans are prepared and implemented by the Council of Ministers.

Parliament's deadline for the examination and adoption of the budget / finance act

The House of Representatives must finish the consideration of the annual appropriations bill within 105 days. The Senate must then approve or reject it within 20 days

Consequences of failure by Parliament to adopt the budget / finance act

If the annual appropriations act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceding fiscal year applies until the act is approved.

Budgetary autonomy of Parliament

Yes

The House of Representatives submits its annual appropriations to the parliament as a whole for approval.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Not applicable

Parliamentary oversight of public companies

No

The power and duty to exercise oversight over public companies belongs to Government.

Modalities of oversight

Body for auditing the Government's books and method for appointing

State auditing is carried out by the state audit commission and the auditor general, who is independent and impartial (Section 312 of the Constitution). The state audit commission consists of the chairman and nine other members appointed by the King, with the advice of the Senate, from persons with expertise and experience in state audit, accounting, internal audit, finance and other fields. The state audit commission has an independent secretariat, with the auditor general as the superior responsible directly to the chairman of the commission. The King appoints the auditor general with the advice of the Senate. The President of the Senate countersigns the Royal commands appointing the chairman, members of the state audit commission and the auditor general. Members of the commission hold office for a term of six years and serve for only one term.

Reports of the public auditor's office

The auditor general is obliged to report to the parliament annually. The parliament examines and comments on this report.

Specialised committee

The parliament has a committee that monitors the implementation of annual appropriations and evaluates government spending.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the committee on foreign affairs.

Powers of the Committee

Besides having the functions and powers to review any action and inquire into or study any matter assigned by the parliament, the committee can demand any document or summon any person to give a statement of fact or opinion relating to foreign policy. The committee can submit its findings and suggestions to the parliament for further action.

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations (Section 224 of the Constitution). The National Assembly holds a joint sitting for the approval of treaties (Section 193.15 of the Constitution) that provide for a change in the territories or jurisdiction of the state, or require the enactment of a law for their implementation (Section 224 of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy through the committee on the armed forces.

Powers of the Committee

The committee has the power to give orders instructing Government and other public officials to perform all necessary acts for the preservation of national security, stability and development. In addition, it has the function to summon any relevant document or evidence from any person, or summon any person to give a statement for the purposes of investigating and conducting inquiries into military activities in order to protect and maintain national security and stability.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The King has the prerogative to declare and lift martial law (Section 222 of the Constitution). In case it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so. The King also has the prerogative to declare war, but only with the approval of the National Assembly. The latter holds a joint sitting for the approval of the declaration of war (Section 193, paragraph 14 of the Constitution). The approval resolution must be passed by not less than two thirds of all members of both Chambers. During the expiration of the term or the dissolution of the House of Representatives, the Senate performs the function of National Assembly in giving its approval, with the resolution passed by a two-thirds majority of all senators at least.

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an emergency decree that has the force of an act (Section 218 of the Constitution). The issuance of such decree may be made only when the Council of Ministers is of the opinion that it is a case of emergency and necessary urgency that is unavoidable. In the next succeeding parliamentary sitting, the Council of Ministers submits the emergency decree to the National Assembly for consideration without delay.
If the House of Representatives disapproves of the decree, or approves it but the Senate disapproves it and approval is subsequently reaffirmed by less than half of the total number of existing members of the House of Representatives, the emergency decree lapses, provided that it does not affect any act done during the enforcement of such decree.

If the emergency decree has the effect of amending or repealing any provisions of any act and the decree has lapsed, the provisions of the act in force before the amendment or repeal continue to be in force as from the day the disapproval of such emergency decree is effective. If the House of Representatives and the Senate approve the emergency decree, or if the Senate disapproves it but the House reaffirms its approval by a majority vote of all its members, such decree continues to have the force of an act. The Prime Minister causes the approval or disapproval of the emergency decree to be published in the official gazette. In case of disapproval, this is effective as of the day following the date of its publication. The consideration of an emergency decree by the Senate and the House in case of reaffirmation of the decree must take place at the first opportunity when such Houses hold their sittings.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

Before the House or the Senate approve an emergency decree, not less than one fifth of parliamentarians of each Chamber have the right to submit an opinion to the President of the House of which they are members that the emergency decree is not in accordance with the Constitution, and the said President then refers it to the Constitutional Court for decision. After the court has given a decision, it notifies its decision to the President. If the latter has received an opinion from parliamentarians, the consideration of the emergency decree is deferred until the decision of the Constitutional Court has been notified. In case the Constitutional Court decides that the emergency decree is not in accordance with the Constitution, such decree does not have the force of law ab initio. Such decision must be given by votes of not less than two thirds of all members of the court.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court consists of the President and fourteen Judges (Section 255 of the Constitution). They are appointed by the King, upon the advice of the Senate, as follows: (i) five Judges of the Supreme Court of Justice holding a position of not lower than Judge and elected at a general meeting by secret ballot; (ii) two Judges of the Supreme Administrative Court elected at a general meeting by secret ballot; (iii) five persons qualified in law elected under section 257; and (iv) three qualified persons in political science elected under section 257 (Section 255 of the Constitution). The elected persons hold a meeting and elect one of their number to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly, who countersigns the corresponding Royal command. The Judges hold office for nine years and for only one term.

Means and procedures

After any bill or organic law bill has been approved by the parliament, and before the Prime Minister presents it to the King for signature, (i) if not less than one tenth of parliamentarians are of the opinion that provisions of the bill are contrary to or inconsistent with the Constitution, or such bill is enacted contrary to its provisions, they submit their opinion to the President of their Chamber, the latter refers it to the Constitutional Court for decision and informs the Prime Minister thereof; (ii) if not less than 20 parliamentarians are of the opinion that the provisions of the organic law bill are contrary to or inconsistent with this Constitution or such organic law bill is enacted contrary to the Constitution, they submit their opinion to the President of their Chamber, the latter then refers it to the Constitutional Court for decision and informs the Prime Minister thereof; (iii) if the Prime Minister is of the opinion that the provisions of the bill or organic law bill are contrary to or inconsistent with the Constitution or it is enacted contrary to its provisions, he or she refers such opinion to the Constitutional Court for decision and informs the Presidents of both Chambers thereof (Section 262 of the Constitution).

During the consideration of the Constitutional Court, the Prime Minister suspends the proceedings in respect of the promulgation of the bill or organic law bill until the court gives a decision thereon. If the court decides that the provisions are contrary to or inconsistent with the Constitution or it is enacted contrary to its provisions, and that such provisions of the bill or organic law bill form the essential element thereof, the bill lapses. If the court decides that other provisions of the bill are contrary to or inconsistent with the Constitution, such conflicting or inconsistent provisions lapse, and the Prime Minister can proceed further. The quorum of Judges for hearing and giving a decision consists of not less than nine, and decision are made by a majority of votes, unless otherwise provided. Every Judge who constitutes a quorum gives a decision on his or her own part and makes an oral statement to the meeting before passing a resolution. The decisions of the Constitutional Court and of all Judges are published in the official gazette, and they are deemed final and binding on the National Assembly, Council of Ministers, courts and other state bodies.

Evaluation of laws

No

Not applicable

Measures

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