The Role of Member of Parliament to Inspect the Usage of State Fiscal under The Constitution of the Kingdom of Thailand

Abstract

Background and Aims: The research reveals that Thailand is governed under a democratic system where sovereignty belongs to the people, who elect MPs to represent them in overseeing national budget expenditures based on principles and methods prescribed by the Thai Constitution and supplementary laws. The purpose of this study is to investigate the role and responsibilities of members of the House of Representatives in scrutinizing the use of the national budget under the Kingdom of Thailand Constitution.

Methodology: This study examines academic documents and related laws and provides a descriptive presentation based on the study objectives.

Result:  The finding found that Public finance must align with democratic principles, which include tax collection and the consent to public expenditure as fundamental fiscal principles. All expenditures and borrowings must be approved by the Parliament as representatives of the people. However, the principles, methods, and legal measures in the budgeting process stipulated by the Thai Constitution grant MPs limited power over the entire budgeting process. MPs can only review the budget once the annual budget bill is drafted and submitted to the House of Representatives for approval. This constraint creates challenges and limitations in budget oversight. For instance, Section 143 of the 2017 Constitution of the Kingdom of Thailand (B.E. 2560) mandates that the House of Representatives must analyze and consider the annual budget bill within 105 days of its submission. If the House fails to do so, the bill is considered approved and forwarded to the Senate. Additionally, Section 144 of the 2017 Constitution restricts MPs' discretionary power. It prohibits MPs, Senators, and committees involved in drafting the Annual Appropriations Budget Bill, Mid-Year Budget Bill, and Budget Transfer Bill from proposing amendments that increase budget allocations. This provision aims to prevent MPs, Senators, and committees related to the Budget Bills from influencing budget allocations directly or indirectly, addressing issues with MPs' discretion in using funds for constituency projects, which was a problem in the past. The researcher argues that the amendment of budget items or amounts differs from past practices where MPs directly controlled budget usage. Currently, any amendments must align with state projects where state agencies are the fund users, not MPs. Limiting MPs' discretion in deciding on state projects restricts their representative authority to utilize funds for public benefit. The researcher suggests expanding MPs' authority to cover the entire budgeting process and establishing clear legal frameworks for efficient and transparent budget oversight. This requires amending laws, including the Thai Constitution, the organic laws, the Budget Procedure Act B.E. 2561 (2018), and the House of Representatives meeting regulations of 2019, to empower MPs in controlling and overseeing the budgeting process from drafting to expenditure monitoring.

Conclusion: The findings highlight a significant limitation in the Thai budgeting process: MPs have limited power to influence and oversee budget decisions. The current legal framework restricts MPs' discretion, limiting their role to budget approval with no direct control over amendments or allocations. To improve transparency and public benefit, the study recommends amending relevant laws, including the Constitution, to give MPs more authority throughout the budgeting process.