House of Representatives of Thailand
Encyclopedia
The House of Representatives of the Kingdom of Thailand is the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

 of the National Assembly of Thailand
National Assembly of Thailand
The National Assembly of Thailand or the Parliament of Thailand is the legislative branch of the government of Thailand. The National Assembly of Thailand is a bicameral body, consisting of two chambers: the upper house, , and the lower house,...

, the legislative branch of the Thai Government. The system of government of Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

 is that of a Constitutional Monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...

 and a Parliamentary Democracy. The system of the Thai legislative branch was modeled after the Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....

. The House of Representatives has 500 Members: 375 Members are democratically elected
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...

 through single constituency elections, while the other 125 are appointed accordingly through party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...

. The roles and powers of the House of Representatives have been enshrined in the Constitution of 2007
2007 Constitution of Thailand
A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...

.

History

The House of Representatives
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national states. In some countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often called a "senate". In other countries, the House of...

 was established after the Revolution of 1932
Siamese Revolution of 1932
The Siamese Revolution of 1932 or the Siamese Coup d'état of 1932 was a crucial turning point in Thai history in the 20th century...

, when the Khana Ratsadon
Khana Ratsadon
Khana Ratsadon , frequently mistakenly written as Khana Rat , was a Siamese group of military and civil officers, and later a political party, which staged a bloodless coup against King Prajadhipok and transited the country's absolute monarchy to constitutional monarchy on 24 June 1932.-The...

 (the "People’s Party"), overthrew the absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...

 and replaced it with the present system of constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...

. When King Prajadhipok
Prajadhipok
Phra Bat Somdet Phra Poramintharamaha Prajadhipok Phra Pok Klao Chao Yu Hua , or Rama VII was the seventh monarch of Siam under the House of Chakri. He was the last absolute monarch and the first constitutional monarch of the country. His reign was a turbulent time for Siam due to huge political...

 signed the Temporary Constitution of 1932, he established the first legislative assembly in Thailand, however, it was an entirely royally-appointed chamber. The first session of the People’s Assembly was held on June 28, 1932, in the Ananda Samakhom Throne Hall
Ananda Samakhom Throne Hall
The Ananta Samakhom Throne Hall is a former reception hall within Dusit Palace in Bangkok, Thailand. It now serves as a museum and is from time to time employed for certain state occasions....

. From then on, the House existed in various forms until the present form in 2007:

See more at: Constitutions of Thailand
  • 1946- The 1946 constitution established a fully elected House of Representatives.
  • 1952- Establishment of the unicameral National Assembly with 123 members.
  • 1959- The House was banned by Sarit Dhanarajata
    Sarit Dhanarajata
    Field Marshal Sarit Thanarat , was a Thai career soldier who staged a coup in 1957, thereafter serving as Thailand's Prime Minister until his death in 1963. He was born in Bangkok, but grew up in his mother's home town in Lao-speaking northeastern Thailand and considered himself a northeasterner...

    .
  • 1968- The House was re-established with 219 members.
  • 1972- The House was banned by Thanom Kittikachorn
    Thanom Kittikachorn
    Field Marshal Thanom Kittikachorn was a military dictator of Thailand. A staunch anti-Communist, Thanom oversaw a decade of military rule in Thailand from 1963 to 1973, until public protests which exploded into violence forced him to step down...

    .
  • 1974- Establishment of the House of Representatives.
  • 1976- Establishment of a unicameral National Assembly with 360 royally-appointed members.
  • 1978- Return of an elected House with 301 members.
  • 1991- Establishment of a unicameral National Assembly with 292 appointed members.
  • 1997- Establishment of a 500 member House of Representatives, 400 directly elected with 100 elected through proportional representation
    Proportional representation
    Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

    .
  • 2006- Following the coup, an interim charter was signed establishing a 250 member National Legislative Assembly.
  • 2007- Present system established, by referendum under the 2007 Constitution of Thailand
    2007 Constitution of Thailand
    A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...

    .

Qualification

The qualifications to be a candidate for the House of Representatives are outlined in Section 101, Part 2, Chapter 6 of the 2007 Constitution. The candidate must be a citizen of Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

 by birth only
Native-born citizen
In general, a native-born citizen of a country is a person who was born within the country's territory and has been legally recognized as a citizen of that country since birth...

. The citizen must be at the age of twenty-five or older on Election Day and having been born in the province
Provinces of Thailand
Thailand is divided into 76 provinces , which are geographically grouped into 6 regions. The capital Bangkok is not a province but a special administrative area and is included as the 77th province since it is administered at the same level as the other 76 provinces. The name of the provinces are...

 in which he or she intends to stand as a candidate. The candidate must have been a voter and therefore on the electoral register
Electoral register
The electoral roll is a listing of all those registered to vote in a particular area. The register facilitates the process of voting, helps to prevent fraud and may also be used to select people for jury duty...

 for at least five years directly before the election, and he or she must also have a house or been in public service in the province for five years. The candidate must also have been a member of an educational institution in that province for at least five consecutive years. Politically, a candidate must be a member of one political party for a period of at least ninety days before Election Day, except in cases of dissolution where thirty days is the minimum period. This is done to discourage party switching
Party switching
Party-switching is any change in political party affiliation of a partisan public figure, usually one currently holding elected office.In many countries, party-switching takes the form of politicians refusing to support their political parties in coalition governments...

 before the election. For party list
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...

 candidates, they must also meet the same qualifications except for the provincial restrictions. They are instead divided in lists based on 'provincial groups'.

Those specifically barred from being candidates and therefore members of the House are individuals who were: addicted to drugs, declared bankrupt, unable to vote (see voter eligibility bellow), a former convicted felon (the individual must wait for five years after release to be eligible), removed from public service for being corrupt
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...

 or incompetent, had assets confiscated due to embezzlement; and finally, the individual must not be a member of the: government or civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....

, Senate
Senate of Thailand
The Senate of the Kingdom of Thailand is the upper house of the National Assembly of Thailand, . In accordance with the 2007 Constitution of Thailand, the Senate is a non-partisan legislative chamber, composed of 150 members...

, local administrations, member of the judiciary or other independent agencies.

Elections

The House of Representatives has 500 members. 375 members are directly elected in single constituency elections by first-past-the-post voting. The 375 constituencies are divided by population according to the census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...

 and tambon
Tambon
Tambon is a local government unit in Thailand. Below district and province , they form the third administrative subdivision level. As of the 2009 there are 7255 tambon, not including the 169 khwaeng of Bangkok, which are set at the same administrative level, thus every district contains 8-10 tambon...

s. The other 125 members are voted based on ‘proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

’ it is actually in truth a parallel voting
Parallel voting
Parallel voting describes a mixed voting system where voters in effect participate in two separate elections for a single chamber using different systems, and where the results in one election have little or no impact on the results of the other...

 system or more precisely the Mixed Member Majoritarian system (MMM). In Thai general elections, the voters have two votes: one to select their Member of Parliament for their constituencies and the second to choose which party they prefer. Seats are assigned to parties as a result through d'Hondt method.

In accordance with the 2007 Constitution of Thailand
2007 Constitution of Thailand
A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...

, a general election must be held every 4 years. Dissolution
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...

 can happen anytime, which is done by the King with the advice of the Prime Minister
Prime Minister of Thailand
The Prime Minister of Thailand is the head of government of Thailand. The Prime Minister is also the chairman of the Cabinet of Thailand. The post has existed since the Revolution of 1932, when the country became a constitutional monarchy....

 through the use of the Royal Decree. Elections are held under universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...

; every voter must be a citizen
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....

 of Thailand; if not by birth then by being a citizen for 5 years. Must be over 18 years old before the year the election is held. Voting in elections are also mandatory as missing an election will result in political activities right. Those barred from voting in House elections are: members of the clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....

, those suspended from the privilege for various reasons, detainees under legal or court orders and being of unsound mind or of mental infirmity.

See most recent election at: Thai general election, 2011

Term and dissolution

The term of the House of Representatives is exactly four years from the previous election day
Election Day (politics)
Election Day refers to the day when general elections are held. In many countries, general elections are always held on a Sunday, to enable as many voters as possible to participate, while in other countries elections are always held on a weekday...

. Upon the expiration of the House, the king will issue a Royal Decree calling for a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

 of the House, in which the date of the election must be announced; this must be done within forty days of the expiration. The date of the election must be the same for the entire kingdom.

The king holds the Royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...

 to dissolve the House before its expiration. When this happens a Royal Decree is issue where the election date is announced; this must be done no less than forty days and not more than sixty days from the date of dissolution. The reasons and circumstances of a dissolution can be made only once.

Membership

Members of the House of Representatives are generally called: Members of Parliament or MPs (. The membership of the House of Representatives commences on Election Day. If there is a vacancy in the membership of the House, and it was not due to expiration or dissolution, it must be re-occupied. Vacancies may occur due to: death, resignation, being convicted and being expelled (only by parliamentary party through a 3/4 majority vote). If the vacancy is of a constituency member then an election must be held within forty days of the vacancy, unless less than 180 days of the present term of the House remains, the vacancy can remain.

In the case where the vacancy is made by a proportional representative member, the vacancy will be filled by the Speaker of the House of Representatives by submitting the name of the next candidate in the party list (submitted on election day) to be published in the Royal Gazette
The Royal Gazette (Thailand)
The Royal Thai Government Gazette, frequently abbreviated Government Gazette or Royal Gazette is the public journal, or newspaper of record of Thailand...

. This must be done within seven days. If no name is to be found then the vacancy can remain unfilled. Members of the House who have filled a vacancy under either of these procedures can only remain in the House for the remainder of its present term.

Powers

According to the 2007 Constitution of Thailand
2007 Constitution of Thailand
A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...

, the House of Representatives is granted many powers, most of them are shared with Senate of Thailand
Senate of Thailand
The Senate of the Kingdom of Thailand is the upper house of the National Assembly of Thailand, . In accordance with the 2007 Constitution of Thailand, the Senate is a non-partisan legislative chamber, composed of 150 members...

. These common powers are:
  • Legislation
  • Scrutiny
  • Passing of annual Appropriations Bills
  • Constitutional Amendments


Exclusive powers:
  • Primary legislative chamber.
  • Creating and appointing committees to examine bills.
  • Power to call Ministers to account (by appearing in the chamber and answering questions)
  • Removal of the Prime Minister
    Prime minister
    A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...

     through a "vote of no confidence" (more than 1/5 to vote for a debate, and a simple majority for removal).
  • Removal of Ministers (more than 1/6 to vote for a debate, and a simple majority for removal).
  • Selection of its Officers.
  • Expulsion of members
  • Determination of its own rules and procedures.

Privileges

No member of the House can be arrested, detained or summoned by a warrant for an inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested in flagrante delicto.

Presiding Officers

The executive committee of House of Representatives consists of one Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

 and two Deputy Speakers to be its presiding officers. The Speaker of the House is also the ex officio President of the National Assembly of Thailand. The election is done by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...

 in the first session; after a resolution is passed; the elected will be formally approved by the King. The Speaker and Deputy Speakers of the House cannot be a member of the cabinet or any political party executive committee. The Speaker and his deputies are not entitled to represent partisan interests and must exercise their powers on a non-partisan basis.

Leader of the Governing Coalition

The Constitution stipulates that the Prime Minister
Prime Minister of Thailand
The Prime Minister of Thailand is the head of government of Thailand. The Prime Minister is also the chairman of the Cabinet of Thailand. The post has existed since the Revolution of 1932, when the country became a constitutional monarchy....

 and the Ministers  must be former members of the House of Representatives. After the first session, the House must vote in a resolution to elect a Prime Minister, after which the King will formally approve him within thirty days. The Prime Minister-elect is always the leader of the largest party in the House. However, under the present electoral system, the House is most likely to result in a hung parliament
Hung parliament
In a two-party parliamentary system of government, a hung parliament occurs when neither major political party has an absolute majority of seats in the parliament . It is also less commonly known as a balanced parliament or a legislature under no overall control...

. Therefore, after the general election of 2007
Thai general election, 2007
The 2007 Thai general elections were held on 23 December. This was the first legislative election after the Council for National Security, a military junta, had overthrown Thailand's elected government and abrogated the constitution on September 19, 2006. The junta had canceled general elections...

, six parties formed a governing coalition, electing Samak Sundaravej
Samak Sundaravej
Samak Sundaravej was a Thai Chinese politician who briefly served as the Prime Minister of Thailand and Minister of Defense in 2008, as well as the leader of the People's Power Party in 2008.-Early life and family:...

 of the largest party, People's Power Party
People's Power Party (Thailand)
The People's Power Party was a Thai political party founded on November 9, 1998 by Police Lieutenant Colonel Garn Tienkaew. The party leader was Somchai Wongsawat, the Party Secretary General was Surapong Suebwonglee, and the Party Spokesperson was Kuthep Saikrajarng...

 (PPP), the Prime Minister.

On August 5, 2011, the House elected Yingluck Shinawatra as Prime Minister against Abhisit Vejjajiva of the Democrat Party, to a vote of 265 for and 159 against.

Leader of the Opposition

After the appointment of the Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...

, the King appointed the official Leader of the Opposition of Thailand. The Leader of the Opposition must be the leader of the largest party with no members holding any ministerial positions. His party must be larger than 1/5 of the total number of the House. If no Party meets this qualification then the Leader with most votes from parties with no ministerial positions will then be appointed. The Royal appointment must be countersigned by the President of the National Assembly. The Leader of the Opposition leads the Shadow Cabinet of Thailand.

See also

  • Constitutions of Thailand
  • 2007 Constitution of Thailand
    2007 Constitution of Thailand
    A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...

  • National Assembly of Thailand
    National Assembly of Thailand
    The National Assembly of Thailand or the Parliament of Thailand is the legislative branch of the government of Thailand. The National Assembly of Thailand is a bicameral body, consisting of two chambers: the upper house, , and the lower house,...


External links

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