Constitution of Thailand - 1974 Constitution

1974 Constitution

Thanom's interim charter failed to stem opposition to the "Three Tyrants". On 13 October 1973, a 400,000-person protest took place at the Democracy Monument. The exact circumstances of 13 and 14 October remain controversial to this day. Late in the afternoon, King Bhumibol summoned Thanom and Praphas to the Palace, where they agreed to draft a new constitution within 12 months. As demonstrators dispersed that evening and in the next morning, the police and army began shooting at the remaining demonstrators, killing at least 70. Narong Kittikachorn personally shot into the crowds from a helicopter. Amid the chaos, Thanom and Praphas resigned from their political appointments, but continued to lead the military. They ordered more troops to confront the remaining demonstrators, but were blocked by Krit Srivara, Army Deputy Commander. Thanom and Narong then resigned from their military positions. The king appointed Sanya Dhammasakdi, dean of the faculty of law and chancellor of Thammasat University, as Prime Minister by Royal Command (establishing a precedent exercised three times since for appointment of Prime Ministers.)

Prime Minister Sanya appointed a constitution drafting committee consisting of Justice Minister Prakob Hutasing, Kukrit Pramoj, and a number of academics. They produced a first draft by 8 January 1974.

There were concerns that the Thanom-appointed parliament would be inappropriate for approving the draft. The king suggested a royally appointed 2,347-person group, who would appoint a 299-person committee, who would nominate a 100-person convention to scrutinize the draft.

The first draft of the drafting committee swung the balance of power to an elected legislature for the first time since 1946. Political parties would once again be legalized. A hybrid between single-member and multiple-member constituencies was created: constituencies were once again province-wide with one MP for a population of 150,000, but a province with over three MPs was to be divided into two or more constituencies, each with at least one but not more than three MPs. This prevented populous provinces from dominating the legislature.

The draft allowed the elected House to appoint the Senate. A simple majority could override the royal veto. Cabinet members had to be MPs. In an unprecedented move, the drafters required a popular referendum on the draft prior to the King's approval.

The draft faced staunch opposition by royalist members of the convention, led by Kasem Chatikavanich. A new draft was demanded, granting the executive greater power and increasing royal powers to the level granted by the 1949 Constitution. The monarch would appoint a Senate with the countersign of the Privy Council President. The royal veto could be overridden only with a 2/3 majority of the combined parliament. Furthermore, the Senate could kill any laws by not voting on them for six months. Civil servants and soldiers could not become MPs, but could form up to half of the Cabinet. The new draft would not require approval by a public referendum.

The palace added two clauses. First, in the absence of a prince, Parliament could select a princess as successor to the throne. The 1924 Palace Law on Succession banned female monarchs. Second, the Palace Law could be amended. Previous constitutions declared the law immutable.

The new draft was very different from the intentions of the drafting committee, and at one point, Sanya actually resigned from the Premiership, only to be pressured back into position. The new draft was approved by the convention and promulgated in 7 October 1974. The majority of the constitution conformed to the convention's alternative draft. However, the Premier, rather than the Privy Council President, was allowed to countersign the Royal Declaration appointing Senators. Legislative elections were held in January 1975, resulting in none of the 22 parties coming close to winning a majority. The Democrats, led by Seni Pramoj, formed a coalition government in February 1974. The coalition was highly unstable, and was replaced in less than a month by a Social Action Party-led coalition which appointed Kukrit Pramoj as Premier.