the legislative power of thailand the national legislative assembly ...

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYHis Royal Highness Crown Prince Maha Vajiralongkorn delivereda Royal Speech to Members on the occasion of the Official OpeningSession of the National Legislative Assembly on Friday, the 20thof October B.E.2549 (2006) at the Anandasamakom Throne HallTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYThe current Constitution of theKingdom of Thailand, * which is an interimedition, promulgated on the 1st of OctoberB.E. 2549 (2006) states that the sovereignpower emanates from the Thai people andthe King who is Head of State exercisessuch power through the National LegislativeAssembly, the Council of Ministers and theCourts in conformity with the provisions ofthis Constitution. It can in fact be construedthat the legislative institution of the Kingdomof Thailand during the transitional periodfunctions in a form of unicameral system ofparliamentary democracy under the name“National Legislative Assembly” or it isnamed in Thai “Sapha Nitibunyat HaegChat” where it concurrently serves as theHouse of Representatives, the Senate andthe Parliament. The King shall enact lawsby and with the advice and consent of theNational Legislative Assembly.* The Constitution of the Kingdom of Thailand, B.E. 2549 (2006) has beenpromulgated since the Council for Democratic Reform seized power andabrogated the Constitution of the Kingdom of Thailand, B.E. 2540 (1997)on the 19th of September B.E. 2549 (2006). The 2549 Interim Constitutionshall be in force until the promulgation of the new Constitution.THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY1

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYMembersThe National Legislative Assembly consists ofnot more than two hundred and fifty members appointedby the King from the persons of Thai nationality by birthwith the age of no less than thirty five years. In actualfact, only two hundred and forty two members of theNational Legislative Assembly were appointed by the Kingon the 11th of October B.E. 2549 (2006), of which twentyone members are female.Inaugural CeremonyHis Royal Highness Crown Prince MahaVajiralongkorn as Representative of His Majestythe King presided over the Official Opening Session2of the National Legislative Assembly on the 20th ofOctober B.E. 2549 (2006) at the AnandasamakomThrone Hall.President and Vice PresidentsH.E. Mr. Meechai Ruchupun3THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY8) Committee on EnergyIt is empowered to consider bills, performany act, inquire into or study any matter related tomanagement, promotion of developments, procurement,consumption, energy conservation, and impacts resultedfrom procurement and the use of energy;9) Committee on CommerceIt is empowered to consider bills, perform anyact, inquire into or study any matter related to trade,service, exports, trade balance, copyright, instrument,registration, including the intellectual property;10) Committee on Public ParticipationIt is empowered to consider bills, perform anyact, inquire into or study any matter related to promotingand supporting public participation in policy formulation,political decision, planning on economic, social andpolitical developments;11) Committee on Justice, Police Affairsand Human RightsIt is empowered to consider bills, performany act, inquire into or study any matter relatedto management through the policies on justiceadministration and justice process, promoting cooperationand coordination among the State agencies, privateorganizations and other organizations pertaining tohuman rights, including the follow up and investigationon the action and non-action causing human rightsviolation or not conforming to the obligation of theinternational treaty on human rights, to which Thailandis a party, police affairs, implementation of laws andmaintaining law and order of the country;12) Committee on Labour and SocialWelfareIt is empowered to consider bills, perform anyact, inquire into or study any matter related to labouraffairs in the country and abroad, including social welfareand security;13) Committee on Science, Technology,Information and CommunicationIt is empowered to consider bills, performany act, inquire into or study any matter relatedto promotion and development of science andtechnology, communication, information technology andtelecommunications;14) Committee on Religions, Ethics, Artsand CultureIt is empowered to consider bills, performany act, inquire into or study any matter related toTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY101

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYgiving support and protection to religions, conservationof arts, preservation of tradition, local culture, knowledgeof villagers, promotion of morals, virtue, ethics, cultureand the Thai characteristics;15) Committee on Education and SportsIt is empowered to consider bills, performany act, inquire into or study any matter related toeducational management, religious and cultural learningeducation and educational development of the nation,promotion, supporting and developing national sports,including the study on problems and obstacles of sportsof the Thais both in the country and abroad;16) Committee on Public HealthIt is empowered to consider bills, perform anyact, inquire into or study any matter related to public healthservice, medical treatment, promotion and developmentof health of the people and communities;17) Committee on Industry and TourismIt is empowered to consider bills, performany act, inquire into or study any matter related topromotion and development of industry and tourism,including the study on problems and obstacles in thedevelopment of industry and tourism of the Thais both inthe country and abroad;18) Committee on Juvenile, Youth, Women,Elders, Disable Persons Affairs and Human SecurityIt is empowered to consider bills, perform anyact, inquire into or study any matter related to juvenile,youth, women, elders and disable persons, includingcoordination with organizations in the country and abroad,international communities concerning guidelines oncooperation in the promotion to eradicate problems onjuvenile, youth, women, elders and disable persons,promoting potentiality of community in life and livingdevelopment, social care and welfare service for the poor,providing guarantee and security in quality of life for theThais in general, including the quality development of thepoeple’s life;19) Committee on Independent AgenciesAffairsIt is empowered to consider bills, performany act, inquire into or study any matter related toadministrative management of independent agencies inconformity with the Constitution and other Laws;20) Committee on SecurityIt is empowered to consider bills, perform anyact, inquire into or study any matter related to militaryaffairs, internal security keeping and protectionas well as national security and defense;THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY145

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY21) Committee on Following Up the BudgetAdministration, Resolutions of the Assembly andChecking the Minutes of the SittingsIt is empowered to consider bills, performany act, inquire into or study any matter related togovernment’s policies on budget, following up andevaluating, receipts, annual expenditure budget of theofficial agencies, State agencies and State enterprises,including implementations of the Assembly’s resolutions,checking the minutes of the sittings of the Assembly anddisclosing the minutes of the closed sittings of theAssembly.Ad Hoc CommitteesThe National Legislative Assembly shall, inconformity with the Rules and procedures of theNational Legislative Assembly, B.E. 2549 (2006),constitute its three Ad Hoc Committees. However, anAd Hoc Committee to consider any bill shall beconstituted at anytime when it deems necessary. Suchan Ad Hoc Committee shall have its members of notmore than one-fifth of the total number of its membersnominated by the Council of Ministers while in the caseof an Ad Hoc Committee constituted to consider othermatters shall be composed of persons who are notmembers of the National Legislative Assembly of not lessthan one-third but not more than one-half of the totalnumber of its members.The three Ad Hoc Committees stated in theRules of Procedures of the National LegislativeAssembly, B.E. 2549 (2006) are as follows:1) Ad Hoc Committee on the NationalLegislative Assembly’s AffairsIt shall have not more than thirty five members,consisting of the President of the Assembly or oneassigned Vice President of the Assembly who shallbe Chairman of the Ad Hoc Committee. Other Ad HocCommittee members are the Chairmen of all StandingCommittees, Ad Hoc Committee Chairman on PoliticalReform, Ad Hoc Committee Chairman on Studying andFollowing Up the Process and Measures for CounterCorruption and Dishonest Behavior, a representativefrom the Council of Ministers and the Secretary Generalalso are members of the Ad Hoc Committee. And notmore than nine members shall be elected by the sittingof the Assembly.It is empowered to perform any act, inquire intoor study any matter related to following matters:(1) to consider bills or any of other mattersassigned either by the Assembly or the President of theAssembly;THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY1617

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY(2) to perform its affairs or to consider othermatters outside the jurisdiction of other committees ofthe Assembly;(3) to coordinate the workings of theAssembly with the Council of Ministers, independentagencies constituted by the Constitution and otheragencies related to committees’ affairs;(4) to coordinate with every StandingCommittee of the Assembly and members concerningthe appointments of members or any other personswhose names are nominated to the Assembly forselection to be members of either Standing Committeesor Ad Hoc Committees as the case may be;(5) to coordinate among the committees incalling persons to testify in accordance with Rule 84and Rule 85 in order to save time of the testifiedpersons;(6) to study, collect data and provideinformation to support the Assembly’s affairs;(7) to recommend to the President of theAssembly on the development of the work systemand the performance of the Assembly in variousfields;(8) to receive petition or report made by thecitizens for transmitting to committees or other concernedagencies for consideration;(9) to consider matters assigned by thePresident of the Assembly in conformity withRule 165;(10) to recommend to the President of theAssembly the details for the preparation of the budgetand submitting the amended motion to the annualexpenditure budget pertaining to the Assemblyand the Secretariat of the National LegislativeAssembly;(11) to advise the President of the Assemblyon providing the welfare and benefits to membersof the Assembly;(12) to publicize the work of the Assembly.2) Ad Hoc Committee on Political ReformIt shall have no more than twenty five members,of which the number of non members of the Assemblymust not exceed one-third of the total number ofmembers of the Ad Hoc Committee.It is empowered to perform any act, inquireinto or study any matter concerning the follow up tothe progress made on drafting the Constitution forTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY1819

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYreporting its opinion in conformity with Section 26of the Constitution to the Assembly, preparing thedraft organic laws according to Section 30 of theConstitution, undertaking political developmentand performing other functions to promote thedemocratic administration with the King as Headof State.3) Ad Hoc Committee on Studying andFollowing Up the Process and Measures forCounter Corruption and Dishonest BehaviourIt shall have no more than twenty five members,of which the number of non members of the Assemblymust not exceed one-third of the total number ofmembers of the Ad Hoc Committee.It is empowered to perform any act, inquire intoor study any matter related to the process and measuresfor counter corruption and dishonest behaviour.Policy Statement of the Councilof MinistersH.E. General Surayud Chulanont, the PrimeMinister who was appointed by the King on the 1stof October B.E. 2549 (2006), delivered his PolicyStatement of the Council of Ministers to theH.E. General Surayud ChulanontNational Legislative Assembly at its third sitting(extraordinary sitting) on the 3rd of November B.E.2549 (2006).The Council of Ministers now consists of aPrime Minister and twenty eight Ministers whowere appointed by the King, twenty six of them onthe 8th of October with the additional appointmentof two more Ministers on the 18th of NovemberB.E. 2549 (2006), in conformity with paragraph oneof Section 14 of the 2549 Interim Constitution, whichstates that “The King appoints a Prime Minister andnot more than thirty five other Ministers as advisedby the Prime Minister to constitute the Council ofMinisters entrusted with the duty to administer theState affairs”.THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY2021

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYSecretariatMrs. Suvimol PhumisingharajThe Secretariat of the Senate is presentlyassigned by the Council for National Security to functionas the Secretariat of the National Legislative Assembly.Mrs. Suvimol Phumisingharaj, the Secretary General ofthe Senate, also performs the duties of the SecretaryGeneral of the National Legislative Assembly.AppendixTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY223

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYA) Distribution of Members ofthe National Legislative Assembly according toSectors as the date of appointment*1 Public Sectora) Civil Officials Level 11 17 (7.03%)or equivalentb) Civil Officials, Judicial Officials 12 (4.96%)and State Attorney Officersc) Military Officers 35 (14.46%)d) Police Officers 7 (2.89%)e) Executive Officers and State 8 (3.31%)Enterprise Officials2) Private Sectora) Banking Business and 6 (2.48%)Financial Institutionsb) Commerce, Industry, Services, 19 (7.85%)Transportation, Construction,and Real Property servicesc) General Business 11 (4.55%)d) Legal Advisors and Lawyers 7 (2.89%)3) Social Sectora) Political Parties 4 (1.65%)b) Scholars in Philosophy, Languages, 11 (4.55%)Religions and Cultural Arts* Paragraph 3 of Section 5 of the 2549 Interim Constitution states that“The selection of persons to be appointed as members of the NationalLegislative Assembly shall have regard to persons from various groups inthe public, private, social and academic sectors and from all regions asappropriate”.THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY25

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYc) Mass Media, Writers and Artists 20 (8.26%)d) Pensioners and Experienced 43 (17.77%)Persons from different arease) Local Development, Ethical 13 (5.37%)Promotion, Labour Organizations andPrivate Public Welfare Organizations4) Academic SectorRectors, Academics, Educationists, 29 (11.98%)Researchers, Scholars from various fieldsand different regionsTotal : 242 (100%)B) Distribution of Members ofthe National Legislative Assemblyaccording to GenderMen 221 (91.32%)Women 21 (8.68%)Total : 242 (100%)C) Distribution of Members ofthe National Legislative Assembly accordingto Religions as the date of appointmentBuddhist 224 (92.56%)Muslim 10 (4.13%)Christian 3 (1.25%)Catholic 4 (1.65%)Others 1 (0.41%)Total : 242 (100%)D) Distribution of Members of theNational Legislative Assembly accordingto Age as the date of appointment40 – 45 years 5 (2.07%)46 – 50 years 21 (8.68%)51 – 55 years 38 (15.70%)56 – 60 years 104 (42.97%)61 – 65 years 40 (16.53%)66 – 70 years 18 (7.44%)71 – 75 years 10 (4.13%)76 – 80 years 5 (2.07%)81 and over 1 (0.41%)Total : 242 (100%)E) Distribution of Members of theNational Legislative Assembly accordingto Education as the date of appointmentUnder Bachelor’s Degree 9 (3.72%)Bachelor’s Degree or its equivalent 79 (32.65%)Master’s Degree or its equivalent 104 (42.97%)Doctorate Degree or its equivalent 50 (20.66%)Total : 242 (100%)THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY2627

THE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLYAuthor: Phicheth KitisinISBN 974-8038-54-8First published: 2,000 copiesin December B.E. 2549 (2006) bySecretariat of the Senate functioning asSecretariat of the National Legislative AssemblyDesigned & Printed byBureau of PrintingSecretariat of the SenateU-Thong Nai Road, Khet DusitBangkok 10300Copies of this publication may be obtained from:DirectorBureau of Foreign AffairsSecretariat of the Senate499 Sukprapruet Building, 14th FloorPrachachuen Road, Khet BangsueBangkok 10800Tel: 02 831 9265Fax: 02 831 9378e-mail: bfa@parliament.go.thTHE LEGISLATIVE POWER OF THAILANDTHE NATIONAL LEGISLATIVE ASSEMBLY28