CHAPTER 9 : THE COUNCIL OF MINISTERS

Section 171. The King appoints the Prime Minister

and not more than thirty-five other Ministers to constitute the

Council of Ministers having the duties to carry out the administration

of the State affairs in accordance with the collective responsibility

principle. The Prime Minister must be a member of the House of Representatives appointed under section 172. The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister. The Prime Minister shall not hold office for a consecutive period of more than eight years.

Section 172. The House of Representatives shall

complete its consideration and approval of the person suitable to

be appointed as Prime Minister within thirty days as from the day

the National Assembly is convoked for the first sitting under section

127. The nomination of a person who is suitable to be appointed as Prime Minister under paragraph one shall be endorsed by members of the House of Representatives of not less than onefifth of the total number of the existing members of the House. The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be passed by the votes of more than one-half of the total number of the existing members of the House of Representatives. The passing of the resolution in such case shall be by open votes.

Constitution of Thailand (2007)/Chapter 9

Section 173. In the case where the period of thirty

days as from the date the National Assembly is convoked for the

first sitting of members of the House of Representatives has elapsed

and no one has been approved for appointment as Prime Minister

under section 172 paragraph three, the President of the House of

Representatives shall, within fifteen days as from the lapse of such

period, present the matter to the King for the issuance of a Royal

Command appointing the person who has received the highest

votes as Prime Minister.

Constitution of Thailand (2007)/Chapter 9

Section 174. A Minister must possess the qualifications

and must not be under any of the prohibitions as follows: (1) being of Thai nationality by birth; (2) being not less than thirty five years of age; (3) having graduated with not lower than a Bachelor’s degree or its equivalent; (4) not being under any of the prohibitions under section 102 (1), (2), (3), (4), (6), (7), (8), (9), (11), (12), (13) or (14); (5) having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment, except for an offence committed through negligence or a petty offence; (6) not being a senator or having been a senator whose membership has terminated for not more than two years up to the date of the appointment as Minister.

Constitution of Thailand (2007)/Chapter 9

Section 175. Before taking office, a Minister must make

a solemn declaration before the King in the following words: “I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

Section 176. The Council of Ministers which will assume

the administration of the State affairs must, within fifteen days as

from the date it takes office, state its policies to the National

Assembly and explain its operations in accordance with the directive

principles of fundamental State policies under section 75, provided

that no vote of confidence shall be passed, and must thereafter

prepare plans for the administration of the State affairs for the

purpose of determining guidance on the discharge of official duties

for each year under section 76. Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect material benefits of the State, the Council of Ministers which has taken office may, for the time being, carry out such acts in so far as it is necessary.