Thai Govt To Await Court Ruling On Charter Changes

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Govt to await court ruling on charter changes

By THE NATION

The government will wait for a Constitution Court ruling on the legality of the process followed in amending the charter before seeking royal endorsement of the changes, sources said yesterday.

Prime Minister Abhisit Vejjajiva wants the government to await clarification now that the opposition Pheu Thai Party is petitioning for a court ruling, according to the government sources.

Meanwhile, chief coalition whip Withaya Kaewparadai said that if the government went ahead in seeking royal endorsement without the court's ruling, problems could arise in the future.

It may also be inappropriate to submit the matter to His Majesty the King before the matter is absolutely clear, he added.

Democrat Party MP Wirat Kalayasiri, who is a legal adviser to the ruling Democrats, said: "The prime minister is unlikely to do anything that could result in a problem later."

However, House Speaker Chai Chidchob said that as of yesterday, he had not received any document from Pheu Thai MPs regarding the petition to be submitted to the Constitution Court.

"I met the Pheu Thai MPs, but they have not yet given me any document," he said in a phone interview before cutting the conversation short.

A parliamentary source said Chai had instructed Parliament's senior permanent officials to recommend to the prime minister that royal endorsement be sought for the government-sponsored constitutional amendments, which passed their final reading last week.

However, officials have not acted upon the instruction due to concern over possible legal complications in the absence of a court ruling, the source said.

Article 154 of the Constitution allows MPs who suspect any bill approved by Parliament of containing provisions that are contrary to or inconsistent with the Constitution, to seek a Constitution Court ruling through the House Speaker.

During the court's consideration, the prime minister is required to suspend the proceedings in respect of the bill's promulgation until a verdict is handed down.

The charter changes involve clarification of the instances in which the government is required to seek parliamentary endorsement for international treaties, and changes to the electoral system.

Meanwhile, the Election Commission has drafted an organic law to be in line with changes to constitutional provisions regarding the election of MPs and the election and appointment of senators, EC member Prapun Naikowit said yesterday. The draft is partly based on the electoral law of 1998.

However, he said that if the prime minister dissolved the House of Representatives before the new organic law was promulgated, the EC would have to issue an order to regulate the next general election. Despite a Constitution Court ruling being sought, he hopes the relevant laws will still be ready by late next month, ahead of the election.

-- The Nation 2011-02-15