Constitutional Court Accepts Interpretation of Parliament’s Authority in Drafting Constitutional Amendments, Orders Clarification Within 15 Days

Bangkok: The Constitutional Court has accepted the interpretation of the parliament’s authority to propose a draft amendment to the constitution, mandating an explanation within 15 days.

According to Thai News Agency, the Constitutional Court unanimously decided not to accept the petition filed by the President of the National Assembly. The petition was initially submitted for the court’s consideration and judgment under Section 210, paragraph one (2) of the Constitution. This arose after a joint meeting of the 6th National Assembly on March 17, 2025, where an urgent motion was presented by Mr. Premsak Piayura, a Senate member, and Mr. Wisut Chainarun, a House of Representatives member. They proposed that the National Assembly pass a resolution to refer the issue of the parliament’s power and duty in constitutional amendments to the Constitutional Court. Consequently, the National Assembly resolved to send the matter to the court on March 21, 2025.

Previously, the Constitutional Court had ordered the Parliament to provide a copy of the special joint meeting report from the 6th Parliament, during the 2nd regular session on March 17, 2025. This report, submitted in shorthand, was required within 15 days. Upon reviewing the petition and supporting documents, the Constitutional Court found that the joint meeting identified the issue as concerning the parliament’s duties and powers. The parliament resolved by a majority vote to submit the matter to the Constitutional Court for further consideration and adjudication.

The court decided not to accept the petition under Section 1 proposed by the petitioner, as it did not appear to be a motion submitted to the parliament meeting. The decision was made with a majority vote of 5 to 3. However, the court accepted the petition under Sections 2 and 3, where Mr. Premsak Piayura and Mr. Wisut Chainarun were the proposers for consideration and adjudication. Relevant agencies have been instructed to prepare their opinions and submit necessary documents and evidence as specified by the court within 15 days.

During the proceedings, on March 26, 2025, Constitutional Court judge Mr. Udom Rathamrit requested to withdraw from the case. His prior involvement as a member of the Constitution Drafting Committee and his role as an expert witness in Decision No. 5/2021 led to the approval of his withdrawal by the court.