THAILAND

Saphaphuthan Ratsadon

MOTION OF CENSURE AND VOTES OF NO CONFIDENCE

Circumstances

Members of the House of Representatives have the right to submit a motion for a general debate for the purpose of passing a vote of no confidence in the Prime Minister (Section 185 of the Constitution). They may also submit a motion for a general debate for the purpose of passing a vote of no confidence in an individual minister (Section 186 of the Constitution). The King has the prerogative to remove a minister from his or her office upon the advice of the Prime Minister (Section 217 of the Constitution)

Modalites

With respect to the Prime Minister, not less than two fifths of all members of the House, and not less than one fifth with regard to an individual minister, have the right of moving a vote of no confidence. Such motion must nominate the next Prime Minister. The submission of a motion for a general debate, if it is concerned with the behaviour of the Prime Minister or minister which involves circumstances of unusual wealth, exhibits a sign of malfeasance in office or intentionally violates the provisions of the Constitution or law, may not be submitted without a petition for removal from office being presented. Upon such submission, the motion proceeds without awaiting the outcome of removal proceedings. If the general debate is concluded, the House passes a vote of confidence or no confidence, but voting may not take place on the date of the conclusion of the debate. The vote must be passed by more than one half of all members of the House.

Consequences

In cases where a vote of no confidence is not passed, the members who submitted the motion for the general debate no longer have the right to submit another such motion during the session. In the case where a vote of no confidence is passed, the Speaker of the House submits the name of the person nominated for Prime Minister to the King for appointment, or a minister is simply dismissed. Ministers vacate office en masse upon the termination of the mandate of the Prime Minister. The outgoing Council of Ministers remains in office until the newly appointed Council takes office.

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