The Constitution of the Kingdom of Thailand (Interim) 2014 () was a constitution of Thailand in force between 2014 and 2017.
Drafted by law lecturers from Chulalongkorn University (CU), the constitution was enacted by the National Council for Peace and Order (NCPO), a military junta led by General Prayut Chan-o-cha which staged a coup d'état against the caretaker government on 22 May 2014. Without public consultation, King Bhumibol Adulyadej assented to and signed the constitution on 22 July 2014. The constitution came into force on that day and replaced the 2007 constitution.
The interim constitution paves the way for the establishment of a national legislature to exercise the legislative power, a provisional cabinet to take charge of public administration, a reform council to execute extensive national reforms and approve a draft new constitution, and a constituent committee to draft the new constitution. The constitution does specify fixed dates for the completion of these works.
Although the constitution recognises Thailand as a democratic state and the Thai people as sovereign, the constitution grants amnesty to those involved for all past and future military actions concerning the coup and invests the NCPO with vast powers, including the power by which the NCPO leader can issue any order at will for the sake of the reforms or security. All orders so issued are considered lawful and final.
Public discussions about the interim constitution are prohibited by the NCPO.
History + List of acronyms/initialisms in this article Acronyms For CC Constituent Committee CU Chulalongkorn University NCPO National Council for Peace and Order NLA National Legislative Assembly NRC National Reform Council
After months of political crisis in which former Democrat Party secretary general Suthep Thaugsuban led a street protest against the government of Prime Minister Yingluck Shinawatra, the Royal Thai Armed Forces staged a coup d'état unseating the government on 22 May 2014. On that day, the military formed the NCPO to rule the nation and partially repealed the 2007 constitution, keeping intact chapter 2 (concerning the monarchical institution).
General Prayut said that he would run the country until the situation requires an interim government, without promises of a quick return to civilian rule. But after international pressures, he announced that there would be an interim constitution and a provisional government by September 2014.
On 23 June 2014, it was announced that Chulalongkorn University law lecturer Wissanu Krea-ngam was drafting an interim constitution for General Prayut. Wissanu was assisted by Pornpet Wichitchonlachai, a fellow law lecturer at Chulalongkorn University. Pornpet is known for his unsuccessful proposal to extend the lèse majesté law to all members of the royal household and the privy council.
On 22 July 2014, the two-month anniversary of the coup, General Prayut had an audience with King Bhumibol Adulyadej at his seaside Klai Kangwon Palace to present the draft interim constitution to the King for his signature. After being signed by the King on that day, it went into effect forthwith and was published in the Royal Gazette.
Contents The constitution consists of 48 sections.
General provisions Sections 1 and 2 prescribe that Thailand is a unitary and democratic monarchy. Section 3 provides that "sovereign power belongs to all Thais". Section 4 recognises human dignity, rights, liberties, and equality of all Thais.
Section 5 says that all matters failing to be mentioned in the constitution will be dealt with pursuant to the customary practices of democratic government of monarchical Thailand, insofar as those practices are not contrary to the constitution.
Legislative branch Sections 6–18 concern the legislative branch. These sections establish a unicameral legislature called the National Legislative Assembly (สภานิติบัญญัติแห่งชาติ) or NLA. The NLA consists of no more than 220 members, all handpicked by the NCPO and appointed by the king.
Section 15 grants the king the power to veto bills.
Executive branch Sections 19–20 establish a cabinet consisting of one prime minister and no more than 35 other ministers, all appointed by the king after the prime minister is selected by the NLA and the other ministers are selected by the prime minister. Section 19 allows the prime minister to be removed by the king upon advice of the NLA president. This advice can only be made upon a proposal by the NCPO. The section also allows for a minister to be removed by the king upon the advice of the prime minister.
Sections 21–25 contain certain prerogatives of the king, such as the issuance of decrees, the conclusion of treaties, and the ceremonial appointment and removal of governmental officers.
Section 42 keeps the NCPO in existence and authorises it to control the cabinet.
Section 44 Section 44 empowers the NCPO leader to issue any order "for the sake of the reforms in any field, the promotion of love and harmony amongst the people in the nation, or the prevention, abatement or suppression of any act detrimental to national order or security, royal throne, national economy or public administration, whether the act occurs inside or outside the kingdom". The orders so issued are all deemed "lawful, constitutional and final". Following the 2019 Thai general election, a new cabinet was sworn in on 16 July 2019. This dissolved the NCPO and rendered Section 44 void.
National Reform Council
Sections 27–31 provide for extensive national reforms in 11 governmental functions: politics, public administration, law and justice, local administration, education, economy, energy, public health and environment, media, society, and others.
Section 28 establishes a body called National Reform Council (สภาปฏิรูปแห่งชาติ) or NRC to implement the reforms. The NRC has no more than 250 members: 76 members represent the 76 provinces (one from each province), one member represents Bangkok, and the others represent the 11 functions of government. All of them are handpicked by the NCPO and appointed by the king.
The methods for selection of NRC members are outlined in section 30 of the constitution and in a royal decree issued on 31 July 2014:
There are 11 panels recruiting candidates from the 11 functions (one panel for each function), 76 panels recruiting candidates from the 76 provinces (one panel for each province), and one panel recruiting candidates from Bangkok. The composition of each panel is as follows: Each of the 11 panels consists of seven members appointed by the NCPO from among the persons considered by the NCPO to be experts in the function concerned. Each of the 76 panels consists of four members: the governor of that province, one of the chief judges of the provincial courts in that province who takes precedence over the others, one of the chiefs of the provincial administrative organisations in that province who represents the sub-district community councils in the province, and the president of the provincial election commission. The Bangkok panel consists of four members: the President of the Council of University Presidents of Thailand, the President of the Civil Court, one of the Clerks of Bangkok who represents the provincial community councils in Bangkok, and the President of the Bangkok Election Commission. There is no time limit for each panel to complete the recruitment. After the 11 panels complete the recruitment, they forward the candidate lists to the Election Commission secretary general who then reviews the background of each candidate. The review needs to be finished within 10 days after the entities in each field recommend appropriate persons to the concerned panel to be selected as candidates. The recommendation is required to be made within 20 days after that panel is appointed. After the review is finished, each panel nominates no more than 50 candidates to the NCPO. After the 76 panels and the Bangkok panel complete the recruitment, each of them nominates five candidates to the NCPO. The NCPO selects one of the five candidates nominated by each of the 76 panels, selects one of the five candidates nominated by the Bangkok panel, and selects any number out of the candidates nominated by the 11 panels. The total number of those selected cannot be more than 250. The NCPO then advises the king to formally appoint those selected as NCR members. Doubts and questions about the selection are to be decided by the NCPO leader. His decisions are all deemed lawful.
New constitution Section 32–39 detail the preparation of a new constitution. Section 32 establishes a body called Constituent Committee (คณะกรรมาธิการยกร่างรัฐธรรมนูญ) or CC. The CC consists of 36 members appointed by the NRC president: One president nominated by the NCPO Twenty members nominated by the NRC Five members nominated by the NLA Five members nominated by the cabinet Five members nominated by the NCPO
CC members are required to be appointed within 15 days after the NRC is convoked for the first time.
The preparation of a new constitution is started when the NRC makes recommendations about the new constitution to the CC. The recommendations are required to be made within 60 days after the first meeting of the NRC. The CC is required to complete drafting the new constitution within 120 days after receiving those recommendations. If it fails to observe the time limit, it comes to an end and a new CC is then appointed within 15 days to draw up a new draft. The new CC may not include any member of the defunct CC.
The finished draft is to be forwarded to the NRC for initial consideration which needs to be completed within 10 days after the NRC receives the draft. Within 30 days of the initial consideration, any member of the NRC, NCPO, or cabinet may make proposals for editing the draft to the CC. The proposals are then considered by the CC during a period of 60 days following the said 30 days.
The edited draft is to be forwarded to the NRC to further be approved or disapproved in whole. The approval or disapproval must be adopted within 15 days after the NRC receives the draft and the draft cannot be edited again. If the draft is approved, the NRC president presents it to the king for the royal signature and the NRC president also countersigns the draft. Section 37 permits the king to veto the draft constitution.
If the NRC fails to adopt the approval or disapproval within the time limit, or if the draft is disapproved by the NRC or is vetoed by the king, both the NRC and the CC will come to an end. A new NRC and CC will then be appointed to redo the process. The new NRC and CC may not include any member of the defunct NRC or CC.
Section 35 sets out 10 requirements which must be in the new constitution, such as provisions declaring Thailand a monarchy, the establishment of a democratic government which is "appropriate for Thai society", and the prohibition of change of some principles to be contained in the new constitution.
Miscellaneous provisions Section 26 recognises judicial independence. Section 45 allows the Constitutional Court to remain functional, but subject to the special power of the NCPO leader.
Section 40 requires the issuance of a royal decree to determine monetary benefits for the members of the NLA, NRC, NCPO, and CC.
Section 46 permits an amendment to the interim constitution. It prescribes that "if necessary and appropriate," the NCPO and the cabinet may jointly propose an amendment to the NLA and the NLA needs to approve or disapprove the proposal within 15 days of receiving the proposal. The section again authorises the king to veto the approved proposal.
Sections 47–48 legitimise all coup-related actions by the NCPO, by its subordinates, or by the subordinates of its subordinates, as well as all orders and announcements issued by them.
Criticism