2006 Interim Constitution of Thailand - Key Features

Key Features

The draft interim charter had 39 articles. Structurally, the draft interim charter was similar to the 1991 Constitution, the 1976 Constitution, and the 1959 Charter, in that it stipulated an extremely powerful executive branch which would appoint the entire legislature. The charter:

• prescribes for the constitutional monarchy and the Kingdom of Thailand as the singular state (Art. 1)
• guarantees basic rights, human dignity and equality under the law in accordance with the democratic rule under the king as head of state and international obligations (Art. 3)
• outlines the formation and duties of the National Legislative Assembly, which will comprise 250 members appointed from professional groups, geographical areas and various sectors of society (Art. 5)
• allows the National Legislative Assembly to request the Cabinet to give statements of fact or explain problems, but explicitly states that it may not make a vote of confidence or no confidence against the Cabinet (Art. 11)
• grants immunity for remarks made on the floor (Art.13)
• allows the Chairman of the Council for National Security (the junta) to remove the Prime Minister (Art. 14)
• guarantees the independence of the judiciary (Art. 18)
• spells out a process for drafting a permanent constitution. This includes the prohibitation of the 100 members of the Constitution Drafting Council from being current members of a political party or being members of a political party for the previous 2 years (Art. 19)
• empowers the Legislative Assembly speaker to chair the National Assembly (Art. 20)
• spells out the peer-vote of a 2,000 member National Assembly to elect 200 candidates for the Constitutional Drafting Council. Each member can vote fore no more than three members, those nominated with the most votes will win. In the case of tied votes, which result in more than 200 winners, the winners will be decided by drawing lots. The peer-vote must complete in seven days (Art. 22).
• empowers the Council of National Security to pick 100 of 200 CDC candidates for royal approval (Art. 22).
• empowers the Council of National Security to appoint a 100 member CDC if the National Assembly fails to complete its selection within 7 days (Art. 23)
• empowers the 100 CDC members to appoint 25 members of a Drafting Committee who may not be CDC members. The CNS will appoint another 10 members. (Art. 25)
• forces the Drafting Committee to explain the differences between its draft and the 1997 Constitution. Forces the Committee to present drafts to major state agencies and universities. Forces the Committee to promote and hold public hearings (Art. 26).
• allows half the members of the National Assembly to submit amendments to the constitution (Art. 27)
• gives the Drafting Committee 30 days to compile feedback and amendments and compile a report stating why such amendments were accepted or rejected. The report will be presented to the CDC for review along with the constitution for approval. Further amendments require a vote of 3/5's the membership of the CDC (Art. 28)
• sets the 180-day deadline to complete the charter drafting before organising the referendum on the new charter within 30 days. The referendum will be managed by the CDC (Art. 29)
• sets the 45-day deadline for the drafting of organic laws and bans the chairman of the Council of National Security, members of the National Legislative Assembly and those involved in charter writing from contesting the general election and the senatorial race for two years (Art. 30)
• allows the National Assembly and Cabinet, chaired by the CNS Chairman, to select any previous constitution revise it for use if the Drafting Committee's draft is not approved by public referendum or the CDC does not approve the constitution (Art. 32)
• endorses CDR announcement no. 24 creating the 16 member Council for National Security with an identical leadership to the CDR (Art. 34)
• transfers the authority and jurisdiction of the Constitutional Court (under the 1997 Constitution) to a Constitutional Tribunal, chaired by the Supreme Court President, with the Supreme Administrative Court President as deputy chairman, as well as five Supreme Court judges to be selected by a general assembly of the Supreme Court through a secret ballot. All cases pending of the Constitutional Court are transferred to the Constitutional Tribunal (Art. 35)
• endorses all previous announcements and orders of the CDR (Art. 36)
• grants complete immunity for all actions to seize power committed by the CDRM (Art.37).
• empowers the chairman of the Council of National Security to administer the country pending the appointment of a prime minister (Art. 39)
• makes no mention of succession, instead leaving it to "constitutional practice."