Bangkok: Dr. Prem Sak has expressed his shock at the Constitutional Court’s decision to prohibit citizens from electing the Constituent Assembly tasked with amending the entire constitution. He fears this decision could pave the way for covert manipulation of the constitutional amendment process, allowing certain groups to consolidate power, reminiscent of the issues faced in 2017. The Constitutional Court’s ruling necessitates two referendums, with the first set to coincide with elections following the dissolution of the House of Representatives.
According to Thai News Agency, on September 10th, at Parliament, Senator Dr. Premsak Piayura, who initially submitted a motion for the Constitutional Court to rule on Parliament’s powers regarding constitutional amendments, expressed his regret over the Court’s decision. He stated that prohibiting direct public selection of the Constituent Assembly creates a deadlock, reverting constitutional amendments to a problematic cycle and perpetuating a constitutional crisis.
“The public is urged to closely monitor the constitutional amendments taking place. Meanwhile, the People’s Party, led by the Bhumjaithai Party government as the flagship for this constitutional amendment, must ensure the process is as democratic as possible. Otherwise, the People’s Party will be unable to take responsibility if the constitutional amendments repeat the curse of the 2017 Constitution,” stated Dr. Premsak.
Concerns have arisen that, without public election of the Constituent Assembly, masked figures could influence the selection process, enabling them to maintain power indefinitely. It is known that some political parties wield significant control over both legislative houses, especially the blue-shirt Senate, which plays a key role in selecting the drafters. This raises fears that the new constitution might be crafted under undue influence, lacking democratic principles.
The Constitutional Court has mandated three public referendums: the first on whether a new constitution should be drafted, the second on the drafting process and its core elements, and the third on the final approval of the drafted constitution by Parliament.
Dr. Premsak proposed a combined referendum for the first two questions: approving the drafting of a new constitution and agreeing on an attached draft amendment. This would allow the public to voice their need for a new constitution while Parliament amends Section 256 by other means, such as establishing a Constituent Assembly selected by Parliament or a designated committee. A clear framework and timeframe would guide this process.
Furthermore, it is suggested that these referendums coincide with elections, aligning with the Bhumjaithai Party’s agreement with the Prachachon Party, which requires parliamentary dissolution within four months of a new government’s formation to conserve national resources. The third referendum will follow the finalization of the draft constitution by the Constituent Assembly. The entire process is anticipated to span approximately two years, with hopes for an unhindered amendment procedure.