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THE DRAFT CONSTITUTION OF THAILAND (r)



THE DRAFT CONSTITUTION 
10.9.97/THE NATION


Article 110: MPs shall not:
(1) Hold any position in a government office, state enterprise,
local administration or load assembly, except when they are a
political appointee, but not a Cabinet member.

(2) Have received a concession from a government agency or a
state enterprise, or be a signatory partner with a government
agency or state enterprise which monopolises a business> or a
shareholder of a company which has received a concession or is a
signatory partner as mentioned above.

(3) Receive special money or any kind of reward from a government
agency or state enterprise.

The provision in this article, however, is not in effect in the
case where MPs receive a pension, a soldier's pension,
superannuation, annuity from the Royal family, or any kind of
equivalent reward. The provision shall also not be effective in
the case where MPs accept or take a post in a House, Senate or
parliamentary committee, or a committee appointed as an expert as
provided by law, or a political appointee - which is not a member
of Cabinet - appointed to administer government agencies.

Article 111: MPs shall not use their status or position as a
House representative to interfere or intervene in an appointment,
transfer, reshuffle or promotion, in an increase of salary for
government officials, employees of government agencies, state
enterprises or local administrations, and MPs may not dismiss the
officials mentioned above.

Article 112: Under the provisions of the Constitution,
regulations and means to be used in electing MPs shall be as
provided by constitutional supplementary laws on the election of
MPs and senators.

Article 113: To ensure a fair and clean election, a government
shall support the election of MPs as following:

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

(2) Print and distribute information about the election to
eligible voters.

(3) Arrange appropriate places for candidates to campaign.

(4) Allot free radio and television airtime for political
parties.

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

Political parties, candidates or any party which is not in the
government are not allowed to do as specified in (1), (4) and
(5).

Regulations, conditions and means in these provisions are as
provided by the electoral law which provides equal opportunity to
political parties and candidates.

Article 114: The House's term is four years, commencing from the
election day.

Article 115 . When the House's term ends, His Majesty the King
shall endorse a Royal decree to hold a general election. The
election date shall be scheduled within 45 days after the end of
the House's term and shall be held on the same day throughout the
kingdom.

Article 116: His Majesty the King has authority to dissolve the
House of Representatives to pave the way for a general election.

The House dissolution shall be carried out as provided by the
Royal decree, which also specifies that the election shall be
organised within 60 days and it shall be held on the same day
throughout the kingdom.

The House dissolution shall be done only once for each particular
circumstance.

Article 117: The membership of House representatives commences on
the day of the election.

Article 118: The membership of MPs shall be terminated when:

(1) It is the end of the House's term or the House is dissolved.

(2) MPs have died.

(3) MPs resign.

(4) MPs lack qualifications as stipulated in Article 107.

(5) MPs fit the criteria as specified in Article 109 (1), (2),
(3); (5), (6), (7), (8), (9), (10), (11), (12), (13) or (14).

(6) MPs have committed a forbidden act as specified in Article
110 or Article 111. (7) MPs are appointed to a Cabinet post or as
prime minister.

(8) MPs resign from a political party of which they are a member,
or their political party resolved, with at least three quarters
of votes in a party consensus where both party executives and its
MPs attend, that their membership of the party be terminated.

     
In such a case, it shall be considered that the membership of the
MPs are terminated on the day they resign or were expelled from a
party. Except in the case where the MPs in question petition the
Constitution Court within 30 days after their party resolves to
terminate their membership is in accordance with the third
paragraph of Article 47.

If the Constitution Court determines that the resolution is not
in accordance with the third paragraph of Article 47, it shall be
considered that the membership of the MPs are terminated on the
day the Constitution Court hands down a ruling. However, if the
Constitution Court determines that the resolution is in
accordance with the third paragraph of Article 47, the MPs in
question may become members of another political party within 30
days after the Constitution Court makes a ruling.

(9) Their political party membership is terminated by a
Constitution Court ruling to dissolve their political party and
they are not able to join another political party within 60 days
of the ruling. In such a case, it shall be considered that their
MP membership is terminated on the day following the 60
day-limitation. (10) Their MP membership is revoked by senators
in accordance with Article 307, or by a Constitution Court ruling
as specified in 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.

(11) MPs are absent, without permission from the Parliament
president, for more than one-quarter of the total meetings in
each parliamentary session, in which there are a minimum of 120
meetings.

(12) MPs are imprisoned by a court's final judgement, except in
the case where the offence was caused by negligence.

The termination of MP membership as specified in (7) shall take
effect on the 31st day after His Majesty the King endorses the
appointment.

Article 119: When there is a vacancy in the House as a result of
an event other than the end of the House's term or a House
dissolution, the following procedures shall be observed:

(1) In the case where the MPs come from a party-list election as
specified by Article 99, the House speaker shall announce the
vacancy in the Royal Gazette within seven days, allowing the
second leading vote-winner on the party list to fill the vacant
position.

(2) In the case where the MPs come from a direct election as
specified by Article 102, an election shall be held within four
days after the seat is vacated, except in the case where the
parliamentary session is due to end in less than 180 days.

     
The membership of the replacement MPs as stipulated in (1) shall
commence on the day following the announcement of their
acceptance. The membership of MPs as stipulated in (2) shall
commence on election day. The membership of the replacing MPs
shall last in accordance with the remaining days of the tenure of
their predecessors.

Article 120: After the Cabinet is appointed to administer the
country, His Majesty the King shall appoint an MP, who is also
the leader of the largest party which is not part of the Cabinet
and whose membership constitutes more than one-fifth of the total
MPs, to become the opposition leader.

In the case where there is no political party as set out by the
first paragraph, an MP who is also a party leader and receives
the most votes from non-Cabinet MPs, shall become the opposition
leader In the case where the vote counts are equal, lots shall be
drawn to determine who shall become an opposition leader.

The House speaker shall sign to approve His Majesty the King's
appointment of the opposition leader.

The opposition leader shall lose the position if he or she does
not fit the criteria in the first and second paragraphs, and
Article 152 shall be temporarily applied. In such a case, His
Majesty the King shall appoint a new opposition leader to fill
the vacant position.


PART THREE: THE SENATE

Article 121: The Senate shall comprise 200 elected senators.
     
In the case where there is a vacancy for a senator and no
election is held to fill the vacant position, the Senate shall
carry out its usual duty with the remaining number of members.

Article 122: In the election of senators, the provinces shall be
used as constituencies.

The calculation ,method used to determine the number of senators
in each province shall be in accordance with the second, third
and fourth paragraphs of Article 102.

Article 123: Eligible voters shall have the right to vote for
only one candidate in one constituency.

Voters can cast their ballot directly or cast secret ballots.

In provinces which can elect more than one senator, the
successful candidates with the most votes are listed in numerical
order.

Article 124: The provisions in Articles 105 and 106 shall be
enforced in screening the candidates.

Article 125: Individuals who fit the following criteria have the
right to file as election candidates:

(1) Are of Thai nationality by birth.

(2) Are of 40 years of age or older on the date of which the
election is held.

(3) Have a bachelors degree or equivalent.

(4) Fit the criteria as specified in Article 107 (5).

Article 126: Individuals who fit any of the following criteria
shall be forbidden from filing as election candidates:

(1) Are members of a political party or have positions inside a
political party.

(2) Are members of the House of Representatives or used to be MPs
and the membership was terminated less than one year from the
election day.

(3) Are senators or used to be senators, as provided by the
Constitution, in the Senate's term preceding the election.

(4) Fit any criteria as specified by Article 109 (1), (2), (3),
(4), (5), (6), (7), (8), (9), (11), (13) or (14).

Article 127: Senators shall not be a Cabinet member or political
appointee.

Former senators whose membership was terminated less than one
year from the election day, shall not be a Cabinet member or a
political appointee, except when their memberships are terminated
as set out by Article 133 (1).
     
Article 128: Article 110 and Article 111 shall enforce
regulations on senators.


(To be continued)

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