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THE DRAFT CONSTITUTION OF THAILAND (r)



THE DRAFT CONSTITUTION
15.9.1997/THE NATION

Article 146: Government officials, or employees of government
agencies, state enterprises, local administrations, or other
kinds of government authorities must follow the electoral
commission's orders as issued under Article 145.

Article 147: The electoral commission must launch an immediate
investigation to establish the facts if:

(1) An eligible voter, a candidate, or a political party which
fields a candidate in any constituency, protests of an unjust or
illegal election in that constituency.

(2) There are reasonable indications that during the run-up to an
election, a member of Parliament, a senator, a local councillor,
or a local administrator resorted to illegal acts to improve the
probability of their election, or that the seat was won by the
office holder, or his or her party, through acts which violate
supplementary laws on parliamentary elections, political par
ties, or local government elections.

(3) There are reasonable indications that a referendum has not
followed an appropriate course set by the law, or an eligible
voter protests of illegal acts surrounding the referendum.

After the electoral commission has followed and completed the
course set by paragraph 1, it must reach an immediate decision. 

Article 148: When a Royal decree calling for elections of members
of Parliament's upper or lower chambers, or an announcement for a
referendum, is in force, it is unconstitutional to arrest detain,
or summon for an inquiry, members of the electoral commission
except when permitted by the electoral commission itself.

In a case where a member of the electoral commission is arrested
while in the act of committing a criminal offence, or the member
is caught or detained for other reasons, the chairman of the
commission must be immediately informed and may order that the
member be released.


PART 5: CLAUSES APPLIED TO BOTH CHAMBERS OF PARLIAMENT

Article 149: Members of Parliament's upper and lower chambers are
representatives of the entire Thai population and must go about
their duty honestly and in the best interests of the nation.

Article 150: Before inauguration, members of Parliament's upper
and lower chambers must take before their respective chamber of
Parliament the following oath:

"I, [name of oath-taker], hereby affirm that I will perform my
duty honestly and in the best interests of the entire nation, and
I will preserve and stand by the constitution of the Kingdom of
Thailand."

Article 151: The Parliament's upper and lower chambers each have
one speaker and one or two deputy speakers appointed by His
Majesty the King on the decision of the respective chambers.

Article 152: The House speaker and deputies shall remain in
office until the end of the government's term, or until it is
dissolved.

The Senate speaker and deputies shall remain in office until the
eve of an election of a new speaker and deputies.

The House and Senate speakers and deputies must step down before
their term ends or when the House is dissolved if:

(1) They are disqualified as members of their respective
chambers.

(2) They resign.

(3) They are selected as prime minister, cabinet members, or
other public office holders.

(4) They are convicted.

Article 153: House and Senate speakers are authorised to run
their respective chambers under rules applicable to that chamber.
Deputies are empowered to carry out assignments given to them by
their speaker, chair the cameral meeting or act in the speaker's
place in his absence.

The House and Senate speakers and deputies shall be non-partisan
when conducting their cameral agenda.

Article 154: At any chamber meeting not attended by the House or
Senate speaker, or deputies, chamber members present shall select
a member to chair the meeting.

Article 155: A minimum of half of the total members of the House
or the Senate shall constitute a quorum, which suffices for
normal meetings. In discussing an interpellation under Articles
183 and 184, the House and the Senate may call for a larger
quorum. 

Article 156: Except where the constitution states otherwise,
points of counsel will be decided by the majority.

Each member has one vote. In case of an even vote, the chairman
is allowed to make the deciding vote.

The Parliament president, House speaker and Senate speaker shall
keep a record of each member's votes and make it accessible for
public scrutiny. However, no record shall be made of a secret
ballot.

Except where the constitution states otherwise, a secret ballot
shall apply in cases where a vote is to confirm- a nomination, 

Article 167: Members of Parliament's upper and lower chambers are
constitutionally guaranteed immunity from any defamatory
litigation for any statement of fact, statement of view, or vote
in Parliament.

The immunity in the paragraph above shall not be extended to
protect the speakers of statements made in Parliament and
publicly broadcast that are incriminating or defamatory toward
people other than members of the Cabinet or Parliament.

For the preceding paragraph, where statements made by members
defame people other than targeted ministers or members, the
speaker of that chamber shall arrange for the run of a statement
requested by the people who were defamed in ways and terms
determined by rules of that chamber.

The retraction will not deny the defamed person the right to seek
legal redress.

Article 158: The immunity provided under Article 157 shall be
extended to protect the publisher and printer of the proceedings
of the meeting under rules of the House of Representatives, the
Senate, or Parliament as the case may be, people the speaker or
president have allowed to make statements under immunity and the
authorised carrier of radio or television broadcasts, with
necessary changes being made.

Article 159: Parliament must convene for the first time within
thirty days from the date of House elections.

In any parliamentary year, there will be one ordinary general
session and one ordinary legislative session.

The initial meeting under paragraph shall be regarded as an
ordinary general session.

The first legislative session shall be determined by the House of
Representatives. In the case where the initial parliamentary
session under paragraph runs for fewer than one hundred and fifty
days by the end of a calendar year, it will count as a
legislative session for the new year.

The Parliament may conduct a legislative session under
circumstances according to Part 2, or to deliberate a draft bill
or draft supplementary laws to enforce the constitution, to
confirm an emergency decree, to confirm a declaration of war, to
endorse a contract, to choose or confirm a nomination, to remove
someone from office, to inter-pellate and to amend the
constitution, except where the Parliament has decided that any
issue needs to be supported by a minimum of half the members of a
bicameral Parliament.



(To be continued}

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