Duties and Powers of the Senate under the Main Provisions
of the Constitution of the Kingdom of Thailand
The Constitution of the Kingdom of Thailand provides that the Senate has the
duties and powers as follows:
1. Duties and Powers in the Consideration and Scrutiny of Bills
The Senate has both the duties and powers in the “consideration of
bills” together with the House of Representatives as the National Assembly and “scrutiny of bills,” which
have been approved by the House of Representatives.
1) Consideration of bills
1.1) Consideration of draft Constitution Amendments
A draft Constitution Amendment
shall be introduced to the National Assembly, and the National Assembly shall consider the draft
Constitution Amendment into 3 readings. The Senate plays an important role in the amendment to the
Constitution. In the first reading for adoption of principle and the final third reading, senators
comprising not less than one- third of the total number of existing members of the Senate must vote for
approval.
1.2) Consideration of organic law bill
Section 132 of the
Constitution provides that an organic law bill shall be introduced to the National Assembly, and the
National Assembly shall hold a joint sitting for consideration of such organic law bill, which shall be
completed within 180 days as from the date on which the President of the National Assembly places it on the
agenda of the sitting of the National Assembly. In voting in the third reading, votes for approval of the
organic law bill shall be more than one-half of the total number of existing Members of the National
Assembly. If the joint sitting of the National Assembly has not completed its consideration within the
prescribed period of time, it shall be deemed that the National Assembly approves the organic law bill as
introduced.
2) Scrutiny of bills
2.1) Bills
When the Senate receives a
bill approved by the House of Representatives, the Senate shall complete the consideration of such bill
within the periods of time as follows:
(1) general bills: the Senate
shall complete the consideration within
60 days;
(2) money bills: the Senate
shall complete the consideration within
30 days, provided that the Senate may, as a special case, resolve to extend the period for not more than 30
days.
2.2) Appropriations bills
When the House of
Representatives resolves to approve an annual appropriations bill, supplementary appropriations bill,
transfer of appropriations bill,
the Senate shall approve and disapprove it without any amendment within 20 days as from the date the bill
reaches the Senate.
2.3) Approval of an Emergency Decree
When the King issues an
Emergency Decree which shall have force upon the advice of the Council of Ministers, the Council of
Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If
the House of Representatives and the Senate resolve to approve the Emergency Decree, such Emergency Decree
shall continue to have the force of an Act.
2. Controlling the Administration of State Affairs
The Constitution provides the duties and powers of the Senate in
controlling the administration of State affairs as follows:
2.1 Interpellation
Section 150 of the Constitution provides that every
senator has
the right to interpellate verbally or in writing a Minister on any matter within the scope of his or her
authority.
2.2 General debate in the Senate
Section 153 of the Constitution provides that senators
comprising
not less than one-third of the total number of the existing Members of the Senate have the right to submit a
motion for a general debate in the Senate for the purpose of requesting the Council of Ministers to give
statements of fact or explain important problems in connection with the administration of the State affairs
without a resolution to be passed.
2.3 General debate in the sitting of the National Assembly
Section 155 of the Constitution provides that in the
case where
there is an important issue concerned with the security, safety or economy of the country in regards to
which there should be a joint consultation between the National Assembly and the Council of Ministers, the
Leader of the Opposition in the House of Representatives may give a notice to the President of the National
Assembly requesting that a general debate be held at a sitting of the National Assembly. In such case, the
President of the National Assembly must hold the sitting within 15 days as from the date the notice is
received but no resolution shall be passed by the National Assembly on the issue put in the debate. The
sitting shall be in camera and it shall be the duty of the Council of Ministers to attend such sitting.
2.4 Appointment of a committee
The Senate has the power to select and appoint
senators to
constitute
a standing committee and has the power to select and appoint persons, being or not being its members, to
constitute an ad hoc committee in order to perform any act, inquire into facts or study any matter and
report its findings to the Senate in the period of time as prescribed by the Senate.
3. Providing advice or approving an appointment of a person to hold
a position
The Constitution provides the duties and powers of the Senate in
providing advice or approving an appointment of a person for holding positions as follows:
3.1 Providing advice or approving an appointment of a person to
hold
a position under the Constitution
The Constitution provides duties and powers of the
Senate in
providing advice or approving an appointment of a person for holding positions under the Constitution as
follows:
1) Judge of the Constitutional Court
2) Election Commissioner
3) Ombudsman
4) National Anti-Corruption Commissioner
5) State Audit Commissioner and Auditor-General
6) National Human Rights Commissioner
3.2 Providing advice or approving an appointment of a person to
hold
a position in accordance with the law
The Senate has the duties and powers in providing
advice or approving an appointment of a person to hold a position in accordance with the law as follows:
1) President of the Supreme Administrative Court
2) Judge of the Supreme Administrative Court
3) Attorney-General
4) Secretary-General of the Anti-Money Laundering
Board
5) Secretary-General of the Public Sector
Anti-Corruption Commission
6) Secretary-General of the Council of State
7) National Broadcasting and Telecommunications
Commissioner
8) Member of the Monitoring and Evaluation Committee
4. Other Duties and Powers of the Senate under the Constitution
In addition to the duties and powers mentioned above, the
Constitution also provides that the Senate has other duties and powers such as the making of a solemn
declaration by the Regent before the National Assembly, the acknowledgement of an amendment to the Palace
Law on Succession, B.E. 2467 (1924), the acknowledgement or approval of the succession to the Throne, the
approval of the declaration of war, the making of the rules of procedure of the National Assembly, the
announcement of policies to the National Assembly, the hearing and approval of a treaty.