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THE DRAFT CONSITTUTION OF THAILAND



THE DRAFT CONSTITUTION 
11.9.97/THE NATION

Article 129: Under the Constitution, regulations and means used
in the election of senators shall be in accordance with the
constitutional supplementary law on the election of senators and
MPs.

For equal benefit of senatorial candidates, the government shall
arrange as follows:

(1) Advertise and place election posters in public places.

(2) Print and distribute election posters to eligible voters.

(3) Arrange appropriate places for candidates to campaign.

(4) Arrange any kind of activity which is assigned by the
electoral commission.

Regulations and means as specified in the second paragraph shall
be in accordance with the conditional supplementary law on the
election of senators and MPs.

Any campaigning carried out by candidates themselves or other
persons shall be done only as provided by constitutional
supplementary law on the election of senators and MPs.

Article 130: The Senate's term is six years, commencing from
election day.

Article 131: When the Senate's term ends, His Majesty the King
shall endorse a Royal decree to hold a general (senatorial)
election. The election date shall be scheduled within 30 days
after the end of the Senate's term and shall be held on the same
day throughout the Kingdom.

For the benefit of the enforcement of Article 168, senators whose
tenure is terminated at the end of the Senate's term, shall
continue to carry out their duty until they are replaced by the
new elected senators.

Article 132: The membership of senators shall be terminated when:

(1) It is the end of the Senate's term. (2) Senators have died.

(3) Senators resign.

(4) Senators lack qualifications as stipulated in Article 107

(5) Senators fit the criteria as specified by Article 126.

(6) Senators fit the criteria as specified by Article 127

(7) Senators have committed a forbidden act as specified by
Article 128

(8) Their membership is revoked by the Senate's resolution as
specified by Article 307 or when the constitution court rules
their termination of membership as specified by Article 96.

In such a case, it shall be considered that their membership is
terminated on the day of the ruling or as the case may be.

(9) Senators are absent, without permission from the Parliament
president, for more than one-quarter of the total 120 meetings.

(10) Senators are imprisoned by a court's final judgement, except
in the case where the offence was caused by negligence or it was
a petty offence.
     
Article 134: When there is a vacancy in the Senate as a result of
an event other than the end of the Senate's term, a new election
shall be held within 45 days after the seat is vacated, except in
the case where the Senate's term is due to end in less than 180
days.

The membership of the replacement senators shall last in
accordance with the remaining days of the tenure of their
predecessors.

Article 135: In appointing, selecting, giving advice or approving
a person to take a post as set out in Article 138, Article 143,
Article 196, Article 199, Article 257, Article 261, Article 274
(3), Article 277, Article 278, Article 279 (3), Article 297,
Article 302 and Article 312, the Senate shall set up a committee
to examine the background and behaviour of the nominated person,
including gathering of necessary information and evidence for the
consideration of the Senate.

The task of the committee as stipulated in the first paragraph
shall be done in accordance with the regulations of the Senate's
meetings.


PART FOUR: THE ELECTORAL COMMITTEE

Article 136: The electoral commission shall comprise one chairman
and four directors, all of whom are appointed by the His Majesty
the King through the advice of respectably neutral and honest
senators.

The Senate speaker shall sign the Royal appointment of the
chairman and four directors as stipulated in the first paragraph.

Article 137: Members of the electoral commission shall fit the
following criteria: 

(1) Are of Thai nationality by birth.

(2) Are of 40 years of age or older on the date they are
nominated.

(3) Have a bachelors degree or equivalent.

(4) Do not possess any forbidden qualifications as specified by
Article 106 or Article 109, (1), (2), (4), (5), (6), (7), (13) or
(14).

(5) Are not an MP, senator, political appointee or member of the
local administration or local assembly.

(6) Have not been a member of, or officer in, a political party
within the five years before being nominated.

(7) Are not a parliamentary inspector, a member of the National
Commission on Human Rights, the Constitution Tribunal, the
Administrative Court, the Office of the Commission of Counter
Corruption or a national auditor.
     
Article 138: The following procedures shall be observed in the
selection of the commission chairman and its director. 

(1) A 10-member selection panel, comprising the president of the
Constitution Court, president of the Supreme Administrative
Court, four state university rectors, and four representatives
selected from all political parties which have an MP, shall be
set up. The commission shall select five qualified persons as
specified by Article 137 to become the commission. The panel
shall submit the list of the selected persons, who accept the
selection, to the Senate speaker. The vote counts in the
resolution to submit the selection list shall not be less than
three-quarters of the 10-member selection panel.

(2) The Supreme court shall consider the list of the selected
commission and submit it to the Senate speaker. The submission
shall be done with the consent of the nominees.

(3) The nomination in (1) and (2) shall be carried out within 30
days after there is a particular circumstance which results in
the selection process. In the case where the selection panel
shall not sub-. mit the name list within the specified period,
the Supreme Court shall select all of the commission within 15
days after the limitation of timeframe as set out in 91).

(4) The Senate speaker shall call a senatorial meeting to approve
the selection list as stipulated in (1),92) and (3). The Senate
shall cast secret ballots. The five persons with the most votes
who receive V more than half of the total votes shall become the
electoral commission. The same selection process shall be
repeated if the first five persons do not receive the votes as
required. In the case where more than two persons receive the
same number of votes, lots shall be drawn by the Senate speaker
to determine the winning person.

(5) Persons who are selected as stipulated in (4) shall determine
among themselves who shall be commission chairman. The Senate
speaker shall be informed of the results. The Senate speaker
shall submit the name for Royal approval.

Article 139: The electoral commission shall fit the following
criteria:

(1) Cannot be a government official.

(2) Cannot be an employee or an official of a government agency,
state enterprise or local administration.

(3) Does not have a position in a business syndicate, company or
any agency which seeks profit or an employee of any person.

(4) Does not have any other kind of free-lance occupation.

(5) In the case where the Senate selects a person from (1), (2),
93) or (4) with the acceptance of that person, the selected
person shall commence their duty only after he or she resigns
from any position as stipulated in (1), (2), (3) or can prove
that he or she has already quit from the freelance occupation
within 15 days after-they are elected. 

If that person does not resign or quit their freelance occupation
within a specified period, it shall be considered that that
person is selected to be a member of the electoral commission and
Article 138 shall be applied mutatis mutandis. 
     
Article 140: The electoral commission's term is seven years,
commencing from the day each is approved by His Majesty the King,
and they shall serve only once.

Members of the commission whose tenure is terminated shall carry
out their duty until they are replaced.

Article 141: Apart from the end of the commission's term,
membership of the commission shall be terminated when 
they:

(1) Have died.
(2) Resign.
(3) Lack qualifications or do something which is forbidden as
specified by Article 137 or Article 139 
(4) Are sentenced to imprisonment by a court's final judgement,
except in the case where the offence was petty or was caused by
negligence.
(5) The Senate has resolved as specified by Article 307 to remove
them from office.

Article 142: One-tenth of MPs, senators, or members of both Upper
and Lower Houses shall petition to the Parliament president to
inform him or her that a certain member of the commission lacks
proper qualifications or meets criteria as set out in Article
137, or has violated the rules as specified by Article 139. The
Parliament president shall send the petition to the Constitution
Court to determine whether that person shall be dismissed or not.
     
When the Constitution Court makes ruling, the court shall inform
the Parliament president and chairman of the electoral
commission.

Article 97 shall be applied mutatis mutandis on the outgoing
commission.

Article 143: In the case where the membership of all the
electoral commission is terminated, the procedures as specified
by Article 138 shall be enforced within 45 days after the
termination.

In the case where the membership of the commission is terminated
as a result of an event other than the end of the commission's
term, Article 138 shall be applied mutatis mutandis-* select the
new commission. In such a case, the number of nominees shall be
twice that of the departing commission and the Senate shall
select the commission from the list. This shall be done within 45
days after the day the membership of the commission is
terminated. The replacement commission shall stay in office in
accordance with the remaining days of the tenure of their
predecessors. 
     
Article 144: The electoral commission shall control, arrange, or
organise the election of MPs, senators, members of the local
administration and local assembly and ensure a fair and clean
public referendum.

The chairman of the electoral commission shall act as provided by
electoral law, the constitutional supplementary law on political
parties, constitutional supplementary law on public referendum,
and the legislation on the election of members of local
administration and assembly. The chairman shall also be a
registrar of political parties. 

Article 145: The electoral commission has power and authority as
follows:

(1) Issue announcements necessary for the procedures as specified
by Article 144, the second paragraph.

(2) Order government officials, or employees of government
agencies, state enterprises, local administrations or other kinds
of government officials to carry out any necessary task as set
out by Article 144, second paragraph.

(3) - Investigate to find evidence and rule on problems or
disputes as specified by Article 144, second paragraph.

(4) Order a new election or public referendum in any constituency
where there is substantial evidence to believe that there was
election fraud.

(5) Announce the results of the vote count or public referendum.

(6) Carry out any task as provided by law.

The electoral commission is authorised to retrieve relevant
documents or evidence from any person or shall summon any person
for questioning. The commission shall also ask courts, public
prosecutors, investigators, government agencies, state
enterprises or local administrations to help it.

The electoral commission shall have authority to select any
person, group of people or non-government agency to carry out any
assignment. 


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