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This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Parliament name (generic / translated) Rathasapha / National Assembly More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives Related chamber (for bicameral parliaments) Wuthisapha / Senate Affiliation to the IPU Yes Affiliation date(s) 1950 - 1972 1973 - LEADERSHIP President (vacant)    Notes 9 December 2013 - Secretary General Suwichag Nakwatcharachai (M)  COMPOSITION Members (statutory / current number) 500 / PERCENTAGE OF WOMEN More statistics  >>> Women (current number) (%) Mode of designation directly elected 500 Term 4 years Notes On 21 March 2014 the Constitutional Court nullified the February 2014 elections to the House of Representatives, in accordance with the 2007 Constitution (Charter), which stipulates that election day must be the same throughout the Kingdom. Fresh elections to the House of Representatives, which were expected to be held on 20 July 2014, were cancelled following a coup d'état in May 2014. Last renewal dates 2 February 2014 (View details) CONTACT INFORMATION Address House of Representatives National Assembly U-Thong Nai Road BANGKOK 10300 (Export mailing lists) Phone (66 2) 357 3100 ext. 3153-7 ext. 3263 Fax (66 2) 357 3154 357 3197 E-mail ipu@parliament.go.th thaiipu@gmail.com Website http://www.parliament.go.th

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives Related chamber (for bicameral parliaments) Wuthisapha / Senate LEGAL FRAMEWORK Electoral law 16 October 2007 (2007 Constitution) Last amended: 11 February 2011 Mode of designation directly elected 500 Constituencies - 375 single-member constituencies (majority system) - One nation-wide constituencies for the remaining 125 seats(proportional representation system) Voting system Mixed: Single-member plurality systems (first-past-the-post) for 375 seats Representatives elected from a constituency and appointed to ministerial posts must vacate their seats within 30 days of their appointment. They or the party they represent are in charge of the by-election in that constituency. Proportional representation (closed party-list system for 125 seats) Voters are allowed to vote for only one party list. The party lists are submitted to the Election Commission before the deadline for submission of candidatures for the constituency-based elections. The total number of valid votes won is divided by 10 to determine the number of votes needed for each candidate to be elected (quotient). The number of party-list representatives that each party may appoint is calculated by dividing the total number of valid votes that each party obtains by the quotient. If fewer than 10 representatives are elected by this method, the parties having the most remaining votes share the remaining seats. Party-list representatives who are appointed to ministerial posts must vacate their seats within 30 days of their appointment, and the next name on the relevant party list is appointed as a representative without a by-election. Voting is compulsory. Voter requirements - age: at least 18 years old; and - Thai citizenship by birth. Disqualifications: insanity, mental infirmity, Buddhist priests, monks or clergy, detention by a court-issued warrant or legal order, deprivation of the right to vote by court decision. CANDIDATES Eligibility - qualified voters; - age: at least 25 years old on election day; - Thai nationality by birth; - members of any and only one political party for a consecutive period of not less than 90 days prior to the submission of their candidature (30 days of membership suffice if the general election is called on account of early dissolution of the House of Representatives); In addition, candidates for the majority system have to satisfy one of the following conditions: - they must prove their residence in the province where they are standing for election for not less than one year (their name must appear in an official document called "Ta Bian Ban" or certificate of residence; - they must have been a member of the House of Representatives or a member of a local assembly or a local administrator of that province; - they must have been born in Province where they are standing for election; - they must have studied in an educational institute in the province where they are standing for election, not less than two academic years before; and - they must have served as a government officer of the province where they are standing for elections for not less than two years (thus have their name registered in the House Register of that province). Ineligibilities: - government officials holding a permanent position or receiving a salary, except "political office holders" such as Prime Minister and Ministers of State; - members of a local assembly or a local administrator; - senators and former senators who have been out of office for less than two years; - officials or employees of a government agency, State agency or State enterprise or other State officials; - judges of the Constitutional Court, Election Commissioners, Ombudsmen, members of the State Audit Commission or members of the National Human Rights Commission; - undischarged bankrupts, persons addicted to harmful drugs, detained persons under sentence or order of imprisonment, imprisonment of two years or more (except for an offence committed through negligence) discharged less than five years before the election day concerned, deaf and dumb persons. Incompatibilities - national or local government officials (excluding "political office holders") holding a permanent salaried position; - officials in the employ of a State agency or enterprise; - membership of a local assembly; - persons receiving a concession or benefit from a government agency; and - government contractors. Candidacy requirements - nomination by a political party; and - payment of a deposit of 10,000 baht per candidate.

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives Related chamber (for bicameral parliaments) Wuthisapha / Senate BACKGROUND Dates of election / renewal (from/to) 2 February 2014 Timing and scope of renewal Prime Minister Yingluck Shinawatra's Pheu Thai party (PP) retained power, winning around 300 seats in the 500-member House of Representatives according to unofficial results. The elections were boycotted by the main opposition Democrat Party (DP) and took place in a context of intense anti-government demonstrations. The registration process of candidates was blocked in 28 constituencies by opponents of the government and voting was cancelled in 89 constituencies (33 in the capital Bangkok and 56 in southern provinces). Around 12 million of the 49 million eligible voters were therefore unable to vote. The elections did not return the minimum number of members required to convene the House of Representatives (95 per cent of the 500 members, or 475), thereby plunging the country into political limbo. The 2014 elections were triggered by protests following the government's attempt to introduce an amnesty bill that would have allowed the return from exile of former Prime Minister Thaksin Shinawatra, an elder brother of the current Prime Minister. Street protests led by former deputy prime minisiter Suthep Thaugsuban (DP) continued to escalate, despite the promise of early elections. Protesters demanded the resignation of the Prime Minister, accusing her of leading a proxy government of Mr. Thaksin, who lives in self-imposed exile in Dubai, and faces corruption charges in Thailand. Following the February elections, the Constitutional Court dismissed a petition by the DP to declare the election null and void. As at 25 February 2014, no date has been set for the elections for the seats that have not yet been filled. Elections for 77 indirectly elected senators are scheduled for 30 March, even though the Senate normally can not meet until the newly-elected House of Representatives has been convened. On 21 March 2014 the Constitutional Court nullified the February 2014 elections to the House of Representatives, in accordance with the 2007 Constitution (Charter), which stipulates that election day must be the same throughout the Kingdom. Date of previous elections: 3 July 2011 Date of dissolution of the outgoing legislature: 9 December 2013 Timing of election: Early elections Expected date of next elections: February 2018 Number of seats at stake: 500 (full renewal) Number of candidates: Not available Percentage of women candidates: Not available Number of parties contesting the election: Over 50 STATISTICS Voter turnout Round no 1 2 February 2014 Number of registered electors Voters Blank or invalid ballot papers Valid votes 43'024'042 20'129'976 (46.79%) Notes The turnout figures above excludes those registered in the nine southern provinces where voting was cancelled. Distribution of votes Round no 1 Political group Candidates Votes % of votes Distribution of seats Round no 1 Political Group Total of seats Distribution of seats according to sex Men Women Percent of women % Distribution of seats according to age Distribution of seats according to profession Comments

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives Related chamber (for bicameral parliaments) Wuthisapha / Senate APPOINTMENT AND TERM OF OFFICE Title Speaker of the House of Representatives Term - duration: 4 years (term of House) - reasons for interruption of the term: resignation, loss of mandate following a resolution adopted by the House, elimination of the political party to which the Speaker belongs by order of the Court and if the Speaker does not join another party in the 60 days following the decision of the Court, sentencing to imprisonment by judgment of the Court unless the case involves a misdeamonour due to negligence or or a petty offence, death, dissolution of the House. Appointment - elected by all Members of the House - election held at the first normal sitting of the newly elected House - after validation of mandates Eligibility - any Member may be a candidate Voting system - formal vote by public ballot - if there are several nominees, voting is taken by roll call in alphabetical order - a simple majority is required - only one round of voting is held Procedures / results - the most senior Member presides over the House during the voting - the most senior Member supervises the voting - the most senior Member announces the results without delay - the Secretary General of the House informs the Prime Minister of the name of the winning candidate for further presentation to the King - the results can be challenged STATUS Status - ranks before the President of the Senate in the order of precedence - presides over joint sittings of both Houses - represents the House with the authorities - represents the House in international bodies - is ex officio President of the Constitutional Court - is ex officio President of the Parliamentary Services Committee - in the absence of the Speaker, the first Deputy Speaker can assume his/her role and functions, and in his/her absence, the second Deputy Speaker Board Material facilities - yearly allowance: 768,000 Bath (around US$ 35,040) + expense allowance: 600,000 Bath/yr (around US$ 24,000) - official car - secretariat FUNCTIONS Organization of parliamentary business - establishes and modifies the agenda, in accordance with the Standing Orders of the House - organizes the debates and only sets speaking time for extraordinary sessions - can examine the admissibility of bills and amendments Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the House - takes disciplinary measures in the event of disturbance, and lifts such measures - can give and withdraw permission to speak - establishes the order in which amendments are taken up and selects which amendments are to be debated, in accordance with the Standing Orders of the House - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum - authenticates the texts adopted and the records of debates - interprets the rules or other regulations governing the life of the House, based on precedents - has discretionary power to give the floor outside the agenda and thus organizes impromptu debates Special powers - adopts the budget of the House - recruits, assigns and promotes staff - appoints the Secretary General - advises the Secretary General on organizing the services of the House - is responsible for relations with foreign Parliaments - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the House Speaking and voting rights, other functions - can take the floor in legislative debates - can provide guidelines for the interpretation or completion of the text under discussion - can intervene in the parliamentary oversight procedure

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives Related chamber (for bicameral parliaments) Wuthisapha / Senate NATURE Nature of the mandate · Free representation Start of the mandate · On the election day (S. 117 of the Constitution of 11.10.1997) Validation of mandates · Validation by the Election Commission only in case of challenge (S. 147 of the Constitution) End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (S. 118 (1) in connection with S. 114 of the Constitution) (for early dissolution, see S. 116 of the Constitution) Can MPs resign? Yes · Yes, of their own free will (S. 118 (3) of the Constitution) · Procedure: submission of a letter to the Speaker of the House of Representatives · Authority competent to accept the resignation: the Speaker of the House of Representatives Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate by the political party, resignation from membership or loss of membership (S. 118 (8) and (9) in connection with S. 47 (3) of the Constitution) (b) Removal from office by the Senate on instigation of Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House, or voters of not less than fifty-thousand (S. 118 (5) and (10) in connection with S. 109 (14) and 307 of the Constitution, see also S. 297 to 306 of the Constitution) (c) Loss of mandate by judicial decision (S. 118 (10) in connection with S. 96 and 118 (3) to (9) and (11) or (12) of the Constitution): decision of the Constitutional Court terminating the membership (see also Resignation, and (a), (e), (f) and (g)) (d) Death (S. 118 (2) of the Constitution) (e) Disqualification and incompatibilities (S. 118 (4) to (7), and (13) in connection with S. 95, 107, 109, 110, and 111 of the Constitution) (f) Absence for more than one-fourth of the number of days in a session the length of which is not less than ninety days without permission of the Speaker of the House of Representatives (S. 118 (11) of the Constitution) (g) Imprisonment by final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence (S. 118 (12) of the Constitution, see also Rule 132 of the Rules of Procedure of the House of Representatives) STATUS OF MEMBERS Rank in hierarchy - · Outside Parliament: the official order of precedence ranks the Speaker of the House of Representatives in the 2nd position. Indemnities, facilities and services · Official passport · Basic salary: THB 38,500 per month + Additional allowance: THB 38,500 · No exemption from tax · No pension scheme · Other facilities: (a) Secretariat: personal notebook computer (must be returned to the House when membership expires) (b) Assistants (see also Rule 10 of the Rules of Procedure of the House of Representatives): salaries for five assistants (THB 7,700 each) and one expert (THB 15,000) of the MP's own selection (c) Travel and transport (see also Rules 133 to 135 of the Rules of Procedure of the House of Representatives): local travel and transport, international travel only for the purpose of government affairs (d) Others: health insurance Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (S. 157 (1) of the Constitution, see also S. 189 (4) of the Constitution). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives, see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does exist (see S. 165 (1) and 166 (1) of the Constitution). · It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody, and from a summons by a warrant for inquiry as an alleged offender. It also protects them from trial during a session. · Derogations: - In cases of flagrante delicto, MPs can be arrested or detained. The arrest shall be reported to the Speaker of the House of Representatives and the Speaker may order the release of the person so arrested. - In cases concerning the organic law on the election of Members of the House of Representatives and senators, on the Election Commission or on political parties, MPs can be tried during a session, provided that such trial shall not hinder MPs from attending the sitting of the House. · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided only during sessions · Parliamentary immunity (inviolability) can be lifted (S. 165 (1) and 166 (1) of the Constitution): - Competent authority: the Speaker of the House of Representatives - Procedure (Rule 139 of the Rules of Procedure of the House of Representatives). In this case, MPs need not be heard. They do not have means of appeal. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament can suspend the prosecution and/or detention of one of its members (for the prosecution, see S. 166 of the Constitution, and for the detention, see S. 167 of the Constitution and Authorisation to attend sittings of Parliament): - Competent authority: the Speaker of the House of Representatives; the inquiry official or the court, on request of the Speaker of the House of Representatives - Procedure (S. 166 and 167 of the Constitution, see Trial during a session, and Procedure for authorisation to attend sittings of Parliament) · In the event of preventive custody, the MPs concerned can be authorised to attend sittings of Parliament (S. 167 of the Constitution): - Competent authority: the inquiry official or the court, on request of the Speaker of the House of Representatives - Procedure (S. 167 of the Constitution, Rule 140 of the Rules of Procedure of the House of Representatives) EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. · It is provided by political parties and the Secretariat of the House of Representatives. · Handbooks of parliamentary procedure: - Manual - Rules of Procedure of the House of Representatives Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings. For leave of absence, see Rule 130 of the Rules of Procedure of the House of Representatives. · Penalties foreseen in case of failure to fulfil this obligation (S. 118 (11) of the Constitution): - Loss of mandate (see Loss of mandate - (f)) - Reduction of emoluments (Rule 131 of the Rules or Procedure of the House of Representatives) Discipline · The rules governing discipline within Parliament are contained in Rules 8 (3), 54, 127 and 128 of the Rules of Procedure of the House of Representatives. · Disciplinary measures foreseen: - Warning (Rule 128 (1) of the Rules of Procedure of the House of Representatives) - Prohibition of words (Rule 128 (1) of the Rules of Procedure of the House of Representatives) - Order to withdraw words (Rule 128 (1) of the Rules of Procedure of the House of Representatives) - Prohibition to speak (Rule 128 (1) of the Rules of Procedure of the House of Representatives) - Order to apologise (Rule 128 (1) of the Rules of Procedure of the House of Representatives) - Expulsion from the sitting with or without time limit (Rule 128 (1) and (2) of the Rules of Procedure of the House of Representatives) · Specific cases: - Offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives): all disciplinary measures · Competent body to judge such cases/to impose penalties (Rule 8 (3) of the Rules of Procedure of the House of Representatives): the Speaker of the House of Representatives · Procedure (Rule 128 of the Rules of Procedure of the House of Representatives) Code (rules) of conduct · This concept does not exist in the country's juridical system but see S. 77 of the Constitution. However, there are some relevant provisions (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution, S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution). For the declaration of personal assets, see Obligation to declare personal assets. · Penalties foreseen for violation of the rules of conduct: - Loss of mandate (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution; incompatibilities, use of influence) - Loss of mandate, other penalties in accordance with Penal Code (S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution; removal from office, criminal proceedings against persons holding political positions) · Competent body to judge such cases/to impose penalties: - Loss of mandate (removal from office): the Senate - Other penalties in accordance with Penal Code (criminal proceedings against persons holding political positions): the Supreme Court's Criminal Division for Persons Holding Political Positions · Procedure: - Loss of mandate (S. 297 to 307 of the Constitution; removal from office). In this case, MPs have no means of recourse. - Other penalties in accordance with Penal Code (S. 308 to 311 of the Constitution; criminal proceedings against persons holding political positions). In this case, MPs have no means of recourse. Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 5 June 2014
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