Court demands 3 referendums for new Thai Constitution
Judges reject calls for public vote to choose charter drafters
Thailand’s Constitutional Court has ruled that any move to draft a new constitution must involve three referendums and cannot include elected charter drafters.
The Constitutional Court delivered the ruling following a petition filed by Parliament President Wan Muhamad Noor Matha, who requested legal clarification on Parliament’s authority to initiate a new constitution and the necessary procedures.
The case stems from a joint parliamentary sitting on March 17, when Senator Premsak Piayura and MP Wisut Chainarun proposed an urgent motion seeking the court’s interpretation. Parliament approved the motion, and the case was referred to the court on March 21.
In a 5–2 decision, the court confirmed that Parliament has the right to express intent to draft a new charter. However, it ruled that this must first be approved by a public referendum, in line with Chapter 15 of the 2017 Constitution on amendments.
Significantly, the court barred the direct election of members to a Constitution Drafting Assembly (CDA), stating that such appointments must follow constitutional processes, not public vote.
In a separate 6–1 ruling, the court determined that three referendums must be held: one to decide whether to draft a new constitution, a second on the drafting methods and key principles, and a third to approve or reject the final draft.
However, the court left room for flexibility, allowing the first two referendums to be combined into a single vote.
The ruling has sparked political tension, particularly within the coalition government. The opposition People’s Party (PP) insists on two referendums and is now pressuring the ruling Bhumjaithai Party to submit a constitutional amendment bill under Chapter 15 within the next seven days, reported Bangkok Post.
PP leader Natthaphong Ruengpanyawut warned that delays would breach the coalition’s Memorandum of Agreement (MOA), signed in exchange for PP’s support for Bhumjaithai to form a government.
“Despite the court’s ruling, drafting a new constitution with an elected CDA remains our top priority. This is clearly written into the MOA.”
He added that the first referendum could be held alongside the next general election, expected within four months of the new Cabinet being installed.
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