| 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. |
Compare data for parliamentary chambers in the Mandate module
