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King Prajadhipok’s Institute 111

2. Mechanisms to ensure independence and impartiality of
the Election Commission

It has been generally agreed of the necessity to have
mechanisms to ensure independence and impartiality in the performance

of duties of the Election Commission, with respect to both individual and
organizational independence. This includes the provision of adequate
amount of budget to perform their duties as well as the provision of

authorities for them to have an autonomous office in which the management
of human resources, budget, and other affairs can be decided and

conducted independently.

Although the principle of independence is applied, the Election

Commission is not exempt from checks and balances. That is, for the
use of power within the stipulation of the Constitution, the Constitutional
Court is responsible for determining whether the performance of duties of

the Election Commission is constitutional. Deeming them unconstitutional,
the Constitutional Court may nullify an election. Two general elections, for

example, were nullified in the past decade. For the use of administrative
power by the Election Commission, it is within the Administrative Court’s
judicial responsibility. In addition, as Election Commissioners are considered

“public officials under the Criminal Code,” whose performance of
duties, although shall be protected, a higher standard of accountability

is expected from them than from the ordinary citizens. A specification of
an illegal act by public officials has also been stipulated in the Criminal
Code. Moreover, the principle of independence does not exclude the

Election Commission from being efficient at work. That is, they should
perform their duties in a timely manner with a satisfactory outcome.