The Justice Process: Judicial Institute of Thai Saṅgha

Abstract

This article has the purpose to understand the Saṅgha’s justice process through the criticism of the Saṅgha Supreme Court and Saṅgha Act B.E. 2505 Amended (No. 2) B.E. 2535 for achieving the pattern of the Saṅgha administration, court system, evidences, and the pursuit of the truth in the Saṅgha judicial process as well as analyzing the relation between administration and Saṅgha judicial system. It is mentioned to centralization which means that all parliaments, the cabinet, and the court are given into the only Saṅgha’s leaders. The Saṅgha’s leaders have parliament power, regulation power, and court power at the same time in order to fasten the performance of duties. Thus, the administration and trial, including the Saṅgha Niggahakamma (Punishment) is in order to maintain the administrational stability rather than consider honestly. The body of knowledge is a transfer of the court power from Saṅgha’s leaders to Saṅgha’s sub-leaders who normally are the Supreme Court officer. This can lighten the load of leaders’ duties and increase roles of administration to the sub-leaders. However, transferring process may be difficult; it can be possible in the future if it is sufficiently supported by Saṅgha’s leaders and the related agencies.