A Critical Analysis of Section 141 Paragraph 2 of the Constitution of the Kingdom of Thailand B.E. 2560 on Allocating Adequate Budgets for The Independent Performance of Duties of the National Assembly, the Courts, and other autonomous Agencies

Abstract

This article considers the Constitution of the Kingdom of Thailand B.E. 2560, which is the latest version of the Thai constitution at present time. Its aims to provide thorough analysis of provision 141 paragraph 2, which states that “the State shall allocate adequate budgets for the independent performance of the duties of the National Assembly, the Courts, the Independent agency and the State Attorney organizations in accordance with the rules prescribed by the law on financial and fiscal discipline of the State. In the case that these organizations’ budgets allocation may not be adequate with the performance of its duties, it may directly submit a motion to the committee. Such constitutional provision creates two major interpretative difficulties, this article argues, (1) what rules should be applied in relation to the allocation of budgets for the independent performance of duties of the National Assembly, the Courts or Constitutional Organs, and (2) what rules of principles should the Thai Constitutional Court apply to the matter. Such difficulty had occurred in previous decision no. 14/2556. This article attempts to address those questions.  This research employs qualitative research techniques, which involves a review of relevant literatures, as well as reviewing constitutional provisions, statutes and relevant Constitutional Court’s decisions. The final result demonstrates the inconsistency of the Thai constitutional provision with the international practice.