CHAPTER 10 : THE COURTS
Part 1 : General Provisions
Section 197. The trial and adjudication of cases are
the powers of the Courts, which must be proceeded in a manner
serving justice in accordance with the Constitution and the law
and in the name of the King. Judges are independent in the trial and adjudication of cases in a correct, expeditious and fair manner in accordance with the Constitution and the law. The transfer of a judge without his or her prior consent shall not be permitted except in the case of termly transfer as provided by law, promotion to a higher position, being under a disciplinary action or becoming a defendant in a criminal case, negative impacts on the administration of justice in the trial and adjudication, or a force majeure event or any other inevitable cause of necessity, as provided by law.
Judges shall not be political officials or hold political
positions.
Section 198. All Courts may be established only by
Acts. A new Court for the trial and adjudication of any particular case or a case of any particular charge in place of an ordinary Court existing under the law and having jurisdiction over such case shall not be established. A law having an effect of changing or amending the law on the organisation of Courts or on judicial procedure for the purpose of its application to a particular case shall not be enacted.
Section 199. In the case where there is a dispute on the competent jurisdiction amongst the Court of Justice, the Administrative Court, the Military Court or any other Court, it shall be decided by a committee consisting of the President of the Supreme Court of Justice as Chairman, the President of the Supreme Administrative Court, the President of such other Court and not more than four qualified persons as provided by law as members. The rules for the submission of the dispute under paragraph one shall be as provided by law.
Section 200. The King appoints and removes judges
except in the case of removal from office upon death. The appointment and removal from office of a judge of any Court other than the Constitutional Court, the Court of Justice, the Administrative Court and the Military Court as well as the adjudicative jurisdiction and procedure of such Courts shall be in accordance with the law on the establishment of such Courts.
Section 201. Before taking office, a judge shall 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 His Majesty the King and will faithfully perform my duties in the name of the King without any partiality in the interest of justice, of the people and of the public order of the Kingdom. I will also uphold and observe the democratic regime of government with the King as Head of the State, the Constitution of the Kingdom of Thailand and the law in every respect.”
Section 202. Salaries, emoluments and other benefits
of judges shall be as provided by law; provided that the system of
salary-scale or emoluments applicable to civil servants shall not
be applied. The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen, members of the National Counter Corruption Commission and members of the State Audit Commission mutatis mutandis.
Section 203. No person may simultaneously become a
member, whether an ex officio member or a qualified member, of
the Judicial Commission of the Courts of Justice, of the
Administrative Court or of any other Court under the law on a
particular matter.