Bangkok: The Election Commission of Thailand (ECT) announced on January 3rd that it has released information regarding the upcoming referendum to allow the public to study and understand the process before casting their votes on February 8th.
According to Thai News Agency, the informational documents pertain to the referendum to approve the drafting of a new constitution, as outlined in Sections 14, 16, and 17 of the Referendum Act B.E. 2564 (2021) and its amendments (No. 2) B.E. 2568 (2025).
These documents aim to provide eligible voters and relevant agencies with an understanding of the referendum topic, the rationale for holding it, its key aspects, procedures, timeline, estimated costs and funding sources, and potential benefits and drawbacks to the nation, localities, and the public. Measures to prevent, mitigate, or remedy any hardship or damage resulting from the process are also included. Moreover, a summary comparing the advantages and disadvantages of the referendum is being distributed to every household.
Reporters have noted that the 30-page document elaborates on the reasons for holding the referendum in compliance with the Constitutional Court's ruling No. 18/2568 dated September 10, 2025, and the Parliament's resolution of December 11, 2025. It aligns with the Cabinet's policy statement to Parliament on September 29, 2025, which pledged support for a referendum and constitutional amendments, emphasizing the importance of public participation and adherence to democratic principles under a constitutional monarchy.
The main point of the referendum addresses the limitation in Article 256 of the Constitution regarding Parliament's power to amend the Constitution for creating a new Constitution. The draft proposal aims to establish mechanisms and processes for drafting a completely new Constitution following democratic principles. This necessitates a referendum as stipulated by Article 256 (8), given its direct impact on the Constitution.
The Constitutional Court's binding ruling No. 18/2568 requires that the process of drafting a new constitution follow the stipulated steps, beginning with a referendum to determine its necessity. If the referendum favors drafting a new constitution, a draft amendment to add Chapter 15/1 will be submitted, followed by a second referendum, the drafting of the new constitution, its parliamentary approval, and a third referendum.
The cost of drafting a new constitution is currently unestimated, but historical data shows that the 2017 Constitution's drafting in 2014 was allocated 112,464,600 baht.
Advantages of a referendum include enhanced public participation in the constitutional drafting process, potentially leading to a truly democratic constitution. This contrasts with the 2017 Constitution, drafted without a democratically elected government, which included provisions not adhering to democratic principles and enforcement problems. Drafting a new constitution could address these issues comprehensively.
However, a drawback is the potential for increased political conflict compared to article-by-article amendments, which limit debate scope and facilitate consensus. Additionally, the cost of holding a referendum for a complete constitutional overhaul may be significant.