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Parliament name (generic / translated) Rathasapha / National Assembly More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Wuthisapha / Senate Related chamber (for bicameral parliaments) Saphaphuthan Ratsadon / House of Representatives Affiliation to the IPU Yes Affiliation date(s) 1950 - 1972 1973 - LEADERSHIP President Surachai Liengboonlertchai (a.i.) (M)  Secretary General Norarut Pimsen (F)  COMPOSITION Members (statutory / current number) 150 / 150 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 25 (16.67%) Mode of designation directly elected 77 indirectly elected 73 Notes - Indirectly elected members: selected by the Senate Selection Commission. - No senator may hold office for more than one consecutive term. Term 6 years Last renewal dates 30 March 2014 (View details) CONTACT INFORMATION Address The Senate National Assembly U-Thong Nai Road BANGKOK 10300 (Export mailing lists) Phone (662) 831 9385 Fax (662) 831 9385 E-mail bfa@parliament.go.th Website http://www.parliament.go.th/

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Wuthisapha / Senate Related chamber (for bicameral parliaments) Saphaphuthan Ratsadon / House of Representatives LEGAL FRAMEWORK Electoral law 24 August 2007 2007 Constitution Mode of designation directly elected 77 indirectly elected 73 Constituencies - 77 single-member constituencies corresponding to the country's provinces for directly elected senators. There is one elected senator for each province (Changwat). Voting system Majority: First-past-the post system. Each voter casts his/her ballot for one candidate. The candidate with the highest number of votes is elected. In cases where the number of provinces changes during the term of office of the elected senators, the Senate shall consist of the existing senators. The vacancies during the legislature are filled only if the total number of senators falls to below 95% of the statutory number (i.e., 142). In such a case, vacancies are filled within 180 days through by-elections or selections according to the mode of designation of the senators who vacated their seats. Voting is not compulsory. However, persons failing to vote without reasonable cause as specified in the electoral law lose their right to vote and to stand for election to the House of Representatives, the Senate or a local assembly. Voter requirements - age: 18 years old on 1 January of the year of the election - Thai citizenship (including naturalized citizens, who must have acquired citizenship at least five years prior to election day) - residence in the constituency for a minimum of 90 days prior to election day - citizens overseas can vote under certain conditions at a Thai embassy or consulate (postal votes are organized for countries where the embassy or consulates are hard to reach and those with less than 500 registered voters) - disqualifications: mental illness, Buddhist priest, novice, monk or clergy, persons detained by a warrant of the Court or by a lawful order, persons whose right to vote has been suspended CANDIDATES Eligibility - age: 40 years old on election day - Thai citizenship by birth - there is no residence requirement - holder of a BA degree Ineligibilities: - imprisonment - persons serving sentences of two years or more - conviction for treason, bribery or a criminal or electoral offence The disqualifications above are valid for five years after they first take effect. - insanity/mental illness - persons under guardianship/wards - holders of temporary entry permits - undocumented immigrants - executives of the Electoral Commission - members of the Electoral Commission Incompatibilities - Head of State - ministers of State - outgoing senators (no consecutive election is allowed) - former members of the House of Representatives, unless their term of office ended more than one year before they entered the Senate election - members of a political party - national or local government officials - holders of public posts - holders of judicial offices (judges) - civil servants - executives of the Electoral Commission - members of the Electoral Commission - executives of a public (State) coporation - staff members of a public (State) corporation - members of the armed forces - members of the police forces - clergymen Candidacy requirements - candidatures must be submitted by individuals within the period of application specified in the Government Gazette - a non-reimbursable deposit of 10,000 Thai baths

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Wuthisapha / Senate Related chamber (for bicameral parliaments) Saphaphuthan Ratsadon / House of Representatives BACKGROUND Dates of election / renewal (from/to) 30 March 2014 Timing and scope of renewal Senate elections followed the deadlock over the elections to the House of Representatives in February 2014, which were cancelled by the Constitutional Court shortly before the Senate poll (see note 1). Anti-government protests demanding the resignation of Prime Minister Yingluck Shinawatra continued. However, unlike the House elections, the Senate polls were held in relative peace. The 150-member Senate is officially a non-partisan body. Nevertheless, many candidates reportedly had close ties to the two main political camps – the Prime Minister's Pheu Thai party (PP) and the main opposition Democrat Party (DP). Pro-government candidates reportedly took around half of the 77 seats at stake, mainly in the north and northeast of the country, the stronghold of the former Prime Minister Thaksin Shinawatra, the elder brother of the prime minister. Under the 2007 Constitution (Charter), the Senate comprises 77 directly elected members and 73 members indirectly elected by the Senate Selection Commission. On 19 March, the National Anti-Corruption Commission (NACC) recommended that Senate President Nikhom Wairatpanich be impeached for his role in the passage of an amendment to the charter regarding the composition of the Senate. The amendment would have re-introduced a 200-member directly-elected Senate, similar to the one existed before the 2006 coup. The proposal was adopted by the House of Representatives in September 2013 but was rejected by the Senate in November and then nullified by the Constitutional Court later the same month. On 29 April, the Cabinet approved a Royal Decree opening an extraordinary session of the Senate to be held from 2 to 10 May for confirmations of certain constitutional offices. The Senate session was chaired by Deputy Senate Speaker Surachai Liangboonlertchai, an indirectly elected senator. On 6 May, the Constitutional Court dismissed the Prime Minister from office, ruling that she had abused her power when removing the National Security Council Chief from his post in 2011. Deputy Prime Minister Niwatthamrong Boonsongpaisan took over as the head of a caretaker government to oversee fresh elections to the House of Representatives. The following day, the NACC decided to recommend Ms. Yingluck's impeachment to the Senate over alleged mishandling of a rice subsidy program. A successful impeachment would deprive her of "political position or rights to work in government service for 5 years" (see note 2). On 8 May, Mr. Surachai was elected Senate President, defeating Mr. Jongrak Jutanont who was endorsed by the PP camp. The caretaker government questioned the legality of Mr. Surachai's election, stating that the Royal Decree for the extraordinary session did not include the election of the Senate President. On 20 May, the army declared martial law nationwide to restore order before the King officially appoints Mr. Surachai as Senate President. On 22 May, Army General Prayuth Chan-ocha announced that the military had taken control of the Government. It established the National Council for Peace and Order (NCPO). On 24 May, the latter dissolved the Senate, stating that the NCPO had taken over the authority of both the House of Representatives and the Senate. On 26 May, the King endorsed Army General Prayuth Chan-ocha to head the NCPO. Fresh elections to the House of Representatives, which were expected to be held on 20 July 2014, were cancelled because of the coup. The NCPO stated elections would be held under the new Constitution, the drafting of which would take at least one year. Note 1: On 21 March 2014 the Constitutional Court nullified the February 2014 elections to the House of Representatives on the basis of the 2007 Constitution (Charter), which stipulates that the election day must be the same throughout the Kingdom. Note 2: Section 274 of the Constitution stipulates "A resolution for the removal of any person from office shall be passed by the votes of not less than three-fifths of the total number of the existing members of the Senate". Date of previous elections: 2 March 2008 Date of dissolution of the outgoing legislature: N/A Timing of election: Upon normal expiry Expected date of next elections: March 2020 Number of seats at stake: 77 (partial renewal) Number of candidates: 443 Percentage of women candidates: Not available. Number of parties contesting the election: N/A (non-partisan body) Number of parties winning seats: N/A Alternation of power: N/A (a caretaker government took office before the elections) Number of parties in government: N/A Names of parties in government: N/A Date of the first session of the new parliament: 2 May 2014 Name of the new Speaker: N/A (Mr. Surachai Liangboonlertchai was elected President by the Senate but a royal command to finalize his nomination has not been issued.) STATISTICS Voter turnout Distribution of votes Distribution of seats Distribution of seats according to sex Men Women Percent of women 65 12 15.58% Distribution of seats according to age Distribution of seats according to profession Comments Source: IPU Group (06.05.2014)

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Wuthisapha / Senate Related chamber (for bicameral parliaments) Saphaphuthan Ratsadon / House of Representatives APPOINTMENT AND TERM OF OFFICE Title President of the Senate Term - duration: 2 years (half of House term) - reasons for interruption of the term: loss of membership of the Senate, resignation, holding a position of Minister or other position, or becoming consultant of any political party, being sentenced by judgment of the Court of imprisonment, death, dissolution of the Senate Appointment - elected by all Senators present at the election - election held during the first sitting of the Senate - after Members' mandates are validated Eligibility - any Senator can be candidate. A nomination must be seconded by not less than 5 Senators - closing for nomination of candidature is decided by the Senate, at the sitting Voting system - formal vote by secret ballot - the candidate receiving the largest number of votes shall be elected. If there are several persons receiving the largest number of votes equally, a new election shall be conducted among such persons. If they receive the largest number of votes equally again, the method of drawing lots shall be adopted Procedures / results - the most senior Senator presides over the Senate during the voting - the most senior Senator of the sitting, 5 Senators who are invited to count the votes and the Secretary General supervise the voting - the most senior Senator of the sitting announces the results without any delay - the Secretary General of the Senate informs the Prime Minister of the the name of the winning candidate for further presentation to the King - the results can be challenged STATUS Status - comes after the Speaker of the House of Representatives, in the order of precedence, - is ex officio Vice-President of the National Assembly - the Speaker of the House of Representatives presides over joint sittings of both Chambers - represents the Senate with the public authorities - is ex officio member of the Constitutional Tribunal, and may be President of this Tribunal during the dissolution or the expiration of the term of the House of Representatives - is ex officio Vice-Chairman of the Parliamentary Services Committee - represents the Senate in international bodies (Thai National Group in the Inter-Parliamentary union, Asia- Pacific Parliamentary Union and ASEAN Inter-Parliamentary Organisation) - in the absence of the President, the first Vice-President can assume his/her role and functions In the event of the latter's absence, the second Vice-President will replace him Board Material facilities - monthly allowance of 63,000 Bath (approximately US $ 2,423) +additional allowance of 45,000 Bath per month (approximately US $ 1,750) - secretariat - additional staff - 4 assistants FUNCTIONS Organization of parliamentary business - convenes sessions - establishes and modifies the agenda - organizes the debates and sets speaking time - refers texts to a committee for study Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Senate together with the Secretary General - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up and selects which amendments are to be debated - 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 - interprets the rules or other regulations governing the life of the Senate according to precedents - has discretionary power to give the floor outside the agenda and thus organizes impromptu debates Special powers - is indirectly responsible for establishing the Senate budget through the Secretary General - recruits, assigns and promotes staff - organizes the services of the Senate - can play a specific role in the conduct of defence matters when the Senate performs the function of the National Assembly in giving approval to a war declaration prepared by the Government during the expiration of the term or the dissolution of the House of Representatives - plays a specific role in the field of foreign affairs when the President of the National Assembly is absent or unable to perform such duties - 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 Senate Speaking and voting rights, other functions - takes the floor in legislative debates leaving his chair of President - provides guidelines for the interpretation or completion of the text under discussion - takes part in voting - intervenes in the parliamentary oversight procedure - plays a role in ensuring the constitutionality of laws as a Member of the Constitutional Tribunal

Parliament name (generic / translated) Rathasapha / National Assembly Structure of parliament Bicameral Chamber name (generic / translated) Wuthisapha / Senate Related chamber (for bicameral parliaments) Saphaphuthan Ratsadon / House of Representatives NATURE Nature of the mandate · Free representation Start of the mandate · On the election day (S. 132 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 (when the newly elected senators assume their duties, S. 133 (1) in connection with S. 130 of the Constitution) (the Senate cannot be dissolved; for sittings during the expiration of the term or the dissolution of the House of Representatives, see S. 168 of the Constitution) Can MPs resign? Yes · Yes, of their own free will (S. 133 (3) of the Constitution) · Procedure: written resignation · Authority competent to accept the resignation: the President of the Senate Can MPs lose their mandate ? Yes (a) Removal from office by the Senate on instigation of senators of not less than one-fourth of the total number of the existing members of the Senate (S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 307 of the Constitution, see also S. 297 to 306 of the Constitution) (b) Loss of mandate by judicial decision (S. 133 (8) in connection with S. 96 and 133 (3) to (7) and (9) or (10) of the Constitution): decision of the Constitutional Court terminating the membership (see also Resignation, and (d), (e) and (f)) (c) Death (S. 133 (2) of the Constitution) (d) Disqualification and incompatibilities (S. 133 (4) to (7), in connection with S. 95, 125, 126, 127, and 128 of the Constitution) (e) Absence for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the President of the Senate (S. 133 (9) of the Constitution) (f) Imprisonment by final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence (S. 133 (10) of the Constitution) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: there is no ranking within Parliament. · Outside Parliament: the official order of precedence ranks the President of the Senate in the 3rd position. Indemnities, facilities and services · Diplomatic passport for the President and the Vice-Presidents of the Senate. Other senators hold official passports. · Basic salary: THB 38,500 per month · No exemption from tax · No pension scheme · Other facilities: (a) Secretariat (b) Assistants (see also Rule 11 of the Rules of Procedure of the Senate, and The Secretariat of the Senate and its Staff): one assistant (c) Official car for the President and the Vice-Presidents of the Senate (d) Postal and telephone services: telephone installation; senators have to pay telephone bill by themselves (e) Travel and transport: free travel in the country by air, by bus and by rail; free travel abroad only for official functions approved by the President of the Senate (f) 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 senators and votes cast within Parliament. · Derogations: offence or insult (Rule 52 (2) of the Rules of Procedure of the Senate, 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 senators 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, senators can be arrested or detained. The arrest shall be reported to the President of the Senate and the President 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, senators can be tried during a session, provided that such trial shall not hinder senators from attending the sitting of the Senate. · Parliamentary inviolability does not prevent senators 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 Senate - Procedure (Rule 124 of the Rules of Procedure of the Senate). In this case, senators must be heard. They 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 Senate; the inquiry official or the court, on request of the President of the Senate - 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 senators 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 President of the Senate - Procedure (S. 167 of the Constitution, Rule 125 of the Rules of Procedure of the Senate) EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for senators. Participation in the work of the Parliament · It is compulsory for senators to be present at plenary sittings and committee meetings · Penalties foreseen in case of failure to fulfil this obligation (S. 133 (9) of the Constitution): loss of mandate (see Loss of mandate - (e)) Discipline · The rules governing discipline within Parliament are contained in Rules 9 (3), 52, 118, and 119 of the Rules of Procedure of the Senate. · Disciplinary measures foreseen: - Warning (Rule 119 (1) of the Rules of Procedure of the Senate) - Prohibition of words (Rule 119 (1) of the Rules of Procedure of the Senate) - Order to withdraw words (Rule 119 (1) of the Rules of Procedure of the Senate) - Prohibition to speak (Rule 119 (1) of the Rules of Procedure of the Senate) - Order to apologise (Rule 119 (1) of the Rules of Procedure of the Senate) - Expulsion from the sitting with or without time limit (Rule 119 (1) and (2) of the Rules of Procedure of the Senate) · Specific cases: - Offence or insult (Rule 52 (2) of the Rules of Procedure of the Senate): all disciplinary measures · Competent body to judge such cases/to impose penalties (Rule 9 (3) of the Rules of Procedure of the Senate): the President of the Senate · Procedure (Rule 119 of the Rules of Procedure of the Senate) 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. 133 (5) to (7), in connection with S. 95, 109 (8) to (12), 110, 111, 126 (4), 127, and 128 of the Constitution, S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 297 to 311 of the Constitution, Rules....... of the Rules of Procedure of the Senate). 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. 133 (5) to (7), in connection with S. 95, 109 (8) to (12), 110, 111, 126 (4), 127, and 128 of the Constitution; incompatibilities, use of influence) - Loss of mandate, other penalties in accordance with Penal Code (S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 297 to 311 of the Constitution; removal from office, criminal proceedings against persons holding political positions) - Disciplinary measures · 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 - Disciplinary measures: the Presiding Officer at the sitting of the Senate · Procedure: - Loss of mandate (S. 297 to 307 of the Constitution; removal from office). In this case, senators 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, senators have no means of recourse. - Disciplinary measures. In this case, senators 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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