Thai constitutional rewrite may require multiple referendums
Chousak Sirinil, deputy leader of the Pheu Thai Party, proposed yesterday that the government, opposition, and Senate whips collectively request a Constitutional Court decision regarding the number of referendums necessary for a constitutional rewrite.
This proposal precedes Parliament’s first reading of multiple charter amendment bills, scheduled for February 13 to 14. Yesterday, the government, opposition, and Senate whips convened to prepare for the debate.
While most bills propose section-specific amendments, two seek comprehensive charter changes necessitating a referendum, sponsored by the ruling party and the main opposition People’s Party. The primary question is how many referendums are required for these extensive amendments to be legally valid. This issue is to be resolved by the Constitutional Court.
Chousak highlighted that a Constitutional Court decision can be requested under Section 210 of the constitution, with a petition for judicial review submitted by MPs or senators. It is irrelevant whether the petition is lodged before or after the scheduled meeting, as the charter amendment bills have been placed on the parliamentary agenda by President Wan Muhamad Noor Matha.
The bills advocating for comprehensive changes require a referendum due to a 2021 Constitutional Court ruling concerning the charter rewrite process. The court determined that the public, as the constitution’s ultimate authority, must first decide via referendum if they desire a new charter.
Following this ruling, a bill proposing the establishment of a charter drafting assembly was rejected in its third and final reading due to insufficient support from both the House and the Senate. However, the 2021 ruling did not specify the number of referendums required. Some argue that two rounds are sufficient, while others suggest three for certainty.
The two-round referendum proposal involves initially asking the public if they wish to amend the charter. If approved, a second referendum would follow to decide on the new version.
The three-round suggestion proposes an initial vote on agreeing to a charter rewrite, a second on amending Section 256 of the constitution to allow for a charter drafting assembly and a third on adopting the new charter based on voter support.
Chousak stressed that a Constitutional Court ruling would resolve ongoing uncertainties. It would also address concerns among MPs and senators who might refrain from engaging in charter amendment activities due to potential legal violations if referendum doubts persist.
Chousak noted that it is premature to determine which draft, between the party’s and the People’s Party’s proposals, will be adopted as the primary draft, reported Bangkok Post.
Latest Thailand News
