THE RELATIONSHIP BETWEEN THE CONSTITUTION OF THE KINGDOM OF THAILAND AND MILITARY SERVICE LAWS

Abstract

This academic article analyzes the relationship between the Constitution of the Kingdom of Thailand and the laws governing military conscription. It focuses on examining the connection between constitutional principles particularly those establishing the rights, freedoms, and duties of Thai citizens and the Military Service Act B.E. 2497 (1954), along with the ministerial regulations issued under this Act. The objective is to understand the legal framework that supports the administration of national manpower in accordance with the rule of law and international human rights standards. The Constitution of the Kingdom of Thailand B.E. 2560 (2017), as the supreme law of the country, stipulates in Section 50 (5) that a person shall have the duty to serve in the armed forces as provided by law. This provision reflects the integration of citizens’ duties with state authority in safeguarding national security, while also setting the framework that subordinate legislation must comply with principles of equality, transparency, and respect for human dignity. The Military Service Act B.E. 2497 thus serves as the primary legislation that operationalizes the constitutional intent. It prescribes procedures for military registration, conscription, deferment, and exemption. Meanwhile, ministerial regulations such as Nos. 36, 37, 74, and 76 further elaborate technical and procedural details, including standardized medical examinations, transparent lottery procedures, and criteria for exemptions on grounds of health or religious beliefs.The relationship between the Constitution and military service laws can be understood as a three-tier integrated legal system comprising: 1. the constitutional level, which sets national policy and fundamental principles; 2. the statutory level, established through the Military Service Act; and 3. the technical and administrative level, implemented through ministerial regulations and internal guidelines. These three levels function cohesively to create a balance between state security and the human rights of citizens. The result is a new body of knowledge conceptualized as a democratic conscription system, founded upon legitimacy, transparency, fairness, and respect for human dignity core principles essential to sustainable democratic governance.