The Legality of the Royal Pardon Decree

The Plaintiff was sentenced to death for committing an offense under Section 289 (4) of the Criminal Code. He had previously received the Royal Pardon twice. According to Section 13 (1) and (5) of the Royal Pardon Decree on the occasion of the Birthday Anniversary of His Majesty King Bhumibol Adulyadej the Great, National day of the Kingdom of Thailand and Thai Father’s Day, B.E. 2563 (2020), the Plaintiff was not eligible for a Royal Pardon under this Decree. The Plaintiff argued that the said provisions were enacted in violation of legal principles and inconsistent with the provision of the Constitution of the Kingdom of Thailand regarding human dignity, rights, liberties, and equality of the people. The Plaintiff then filed a plaint with the Supreme Administrative Court, requesting the Court to revoke Section 13 (1) and (5) of the Royal Pardon Decree.
The Supreme Administrative Court held that a Royal Decree issued by the King’s Royal Prerogative as the Head of State as stipulated in Section 179 of the Constitution of the Kingdom of Thailand is the exercise of Royal Prerogative power, which does not the exercise of administrative power as an administrative agency or a State official under Section 3 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) that falls within the jurisdiction of the Administrative Court.