File photo for reference only

 

The Constitutional Court has mandated that the process of drafting a new constitution requires three referendums. Although the first two referendums can be conducted simultaneously, the ruling also blocks the election of members to a Constitution Drafting Assembly (CDA). This decision follows a petition from Parliament President Wan Muhamad Noor Matha seeking clarity on parliament's powers under Section 210 (1)(2) of the 2017 constitution.

 

The petition arose after an urgent motion during a joint parliamentary session on March 17, where Senator Premsak Piayura and MP Wisut Chainarun sought the court's interpretation of parliament's authority to initiate a constitutional draft. On March 21, parliament approved the motion to refer the matter to the court. The court, by a 5–2 majority, confirmed that while parliament can propose drafting a new constitution, it must first seek the public's approval through a referendum.

 

A key aspect of the ruling is the necessity for these referendums to precede and follow the drafting process, as per Chapter 15 of the current constitution regarding amendments. The court emphasized that the public cannot directly elect the drafters of a new charter. By a 6–1 decision, it ruled that while there must be three referendums, the first and second can be combined, allowing some procedural flexibility.

 

The referendums will ask the public whether a new constitution should be created, seek opinions on key drafting principles, and ultimately approve or reject the final draft. Concurrently, the opposition People's Party (PP) is advocating for two referendums and has urged the ruling Bhumjaithai Party to submit a charter amendment bill within a week. PP leader Natthaphong Ruengpanyawut claims delays could jeopardize a Memorandum of Agreement (MOA) essential for government formation.

 

The pressure mounts on the government to organize a cabinet and set a viable agenda promptly. Despite the court's ruling, Mr. Natthaphong insists on a CDA with elected members, emphasizing it as an MOA priority. He suggests the first referendum could align with the next general election, expected within four months of the new cabinet's installment, contingent on parliament's approval of Chapter 15 amendments.

 

Key Takeaways

• Three referendums are required for constitutional drafting, with the option to combine the first two.
• The court prohibits electing members to the Constitution Drafting Assembly.
• Opposition urges swift action on charter amendment, linked to coalition agreements.

 

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Thailand Awaits Court Decision on Constitution Reform Process

People’s Party urges urgent rewrite of 2017 constitution

 

  Adapted by ASEAN Now from Bangkok Post 2025-09-12

 

 

If there would be a coup, nothing is needed and the constitution is being thrown away and the junta write a new one. Changing the constitution is almost impossible. The army made sure that they always could stay in power. Why not make an easy one that really works, like the US or other countries.

Everybody is equal for the laws, the king is head of the state, policeforce for enforcing laws, medical healthcare for everyone, army to protect people and borders, etc. Just the headlines 

15 hours ago, ikke1959 said:

If there would be a coup, nothing is needed and the constitution is being thrown away and the junta write a new one. Changing the constitution is almost impossible. The army made sure that they always could stay in power. Why not make an easy one that really works, like the US or other countries.

Everybody is equal for the laws, the king is head of the state, policeforce for enforcing laws, medical healthcare for everyone, army to protect people and borders, etc. Just the headlines 

so you are advocating  society in which all property is publicly owned and each person works and is paid according to their abilities and needs.    

Cleat as mud: need 3 referendums, but can combine two together, which means you then have two referendums, but you can't have two referendums, you need three, but go ahead and combine those first two...🤔🙄