Constitution of Thailand - 1947 Charter

1947 Charter

The military overthrew the elected government of Admiral Thamrong Navasavat in 8 November 1947, amid the political chaos that followed the official finding that the mysterious death of King Ananda Mahidol was not due to suicide. The coup restored power to Marshal Plaek, and was supported by Phin Choonhavan, Seni Pramoj, and the palace. The coup leaders alleged that government corruption had demeaned the sacredness of King Ananda's 1946 Constitution, as proven by the appearance of vultures at the royal cremation ground. Vultures had also appeared in Ayutthaya before it fell to the Burmese, and this was used as justification for the military's coup.

The Regent, Prince Rangsit officially accepted the coup within 24 hours and immediately promulated the new charter the coup leaders had drafted. The King, who at the time was studying in Lausanne, endorsed the coup and the Charter on 25 November, noting "Those who were involved in this operation do not desire power for their own good, but aim only to strengthen the new government which will administer for the prosperity of the nation and for the elimination of all the ills suffered presently."

The new charter gave the palace a persistent demand: a permanent Supreme State Council (later to be transformed into the Privy Council) to advise the monarch and handle his personal affairs. The Council would be composed of 5 members, appointed by the monarch and acting as a regency council in his absence. The Supreme State Council had been banned after the 1932 revolution. The palace was also given increased control over its own operations, including the Royal Household, the Privy Purse, and the Royal Guards. The King was given several emergency prerogatives, such as the ability to declare war and martial law.

A monarch-appointed Senate was established, and, with 100 members, equal in size to the House of Representatives. Like previous Constitutions, the monarch still did not have an absolute veto. However, the monarch-appointed Senate could, through a simple majority over the combined houses of Parliament, sustain a royal veto. The chairman of the Supreme State Council had to countersign any royal orders in order to make them official (when the constitution was announced, Bhumibol Adulyadej was still a minor and the Privy Council performed the king's regnal duties on his behalf; thus in practice, the Supreme Council of State itself selected and appointed senators and had the power of veto). The ban on civil servants and soldiers from serving in Parliament and the Cabinet was removed. Another key change stated that the policies of one government could not be altered by a succeeding government without royal approval. A multi-member constituency system replaced the single member constituency system which had been in effect since 1932. The minimum age of electoral candidates was raised from 23 to 35. Numerous MPs elected under the 1946 constitution had been under the age of 30, but were ineligible under the junta's constitution.

Surprisingly, the Palace/Privy Council rejected the slate of Senate appointees proposed by the military. It instead filled the Senate with princes, nobles, and palace-friendly businessmen, leaving only 8 appointees from the military's slate. With control over palace operations, the palace purged nearly 60 officials, clearing out earlier appointees from previous governments.

Khuang Aphaiwong was appointed Prime Minister, and it was agreed that a new constitution would be drafted following House elections, which occurred on 29 January 1948. The Seni Pramoj and Khuang Aphaiwong-led Democrats won a majority and appointed a Cabinet packed with palace allies. Tension between the military and the palace increased, until in April, a group of generals met with Khuang and Prince Rangsit, successfully demanding that Khuang resign and Marshal Plaek be appointed Premier.