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POLITICS
Bill on senators faces legal challenge
The Sunday Nation

BANGKOK: -- Legal opinion sought after joint House session votes 358-2 on qualifications

The House-Senate joint meeting yesterday voted 358 to 2 to pass a constitutional amendment bill regarding the qualifications of candidates in future senatorial elections, however 40 appointed senators yesterday sought a legal interpretation to determine whether the approved amendment violated the Constitution.

This new dispute, under the charter's Article 154 Paragraph 1 as cited by the 40 senators, is one of the unresolved issues on which the Constitutional Court had not issued a ruling yet. On Tuesday, the court accepted joint plaints against Parliament President Somsak Kiatsuranon and Senate Speaker Nikom Waiyaratpanit and 310 ruling Pheu Thai Party and government-friendly parliamentarians. The plaints questioned their roles in approving this amendment in two previous readings under the charter's Article 68 Paragraph 1, as cited by an appointed senator and a Democrat Party MP, the co-plaintiffs.

Article 154 Paragraph 1 stipulates that parliamentarians, at least one-tenth of the total number, who deem any parliament-approved acts containing any content against the constitution or not rightfully legitimised, could make their comments to the parliament president or the senate speaker depending on relevancy. The recipient of such comments shall forward them to the Constitutional Court for interpretation and ruling, and shall notify the prime minister promptly.

At yesterday's session, 30 parliamentarians who are appointed senators and Bhum Jai Thai MPs abstained, while the Democrats staged a walkout.

The appointed senators, led by Paibool Nititawan and Somchai Sawaengkarn, submitted the request signed by 68 senators, to Senate Speaker Nikom Waiyaratpanit, asking him to forward it to the Constitutional Court to determine whether the amendment passed yesterday violated the charter's Article 154 Paragraph 1.

Opposition whip and Democrat Party deputy leader Jurin Laksanavisith later submitted a similar request, signed by 142 Democrats in support of Nikom. He said the Constitutional Court had informed Parliament's secretariat office that it had accepted a plaint lodged earlier by three Democrats about a number of unspecified political party members registering for fellow party members using their ID cards.

'Not a constitutional amendment'

Somsak had earlier commented that Article 154 was only about amendment of normal laws, and not an amendment to the constitution, as ruled by a Constitutional Court order two years ago. The court order, issued on February 23, 2011, ruled out applying Article 154 Paragraph 1 in the case of an amendment - pushed for by the then Democrat-led government - to the charter, he explained.

"If such a request is submitted to me, I would accept it, but whether I would forward it to the Constitutional Court or inform the prime minister about it remains to be seen," said Somsak.

Ruling Pheu Thai Party spokesman Prompong Nopparit later echoed Somsak, saying he expected the Constitutional Court to use the same criteria it used in its 2011 order over the invalidity of Article 154 Paragraph 1 in dealing with the plea from the appointed senators.

He said Prime Minister and Pheu Thai leader Yingluck Shinawatra attended yesterday's session and cast her vote, as demanded by the opposition. He slammed the opposition for frequent disturbances and said it deserved to be condemned. "As a result, a Pheu Thai Party query would be submitted to Parliament on Wednesday regarding the Democrats' conduct," he added.

-- The Nation 2013-09-29

[Neilly]

He slammed the opposition for frequent disturbances and said it deserved to be condemned. "As a result, a Pheu Thai Party query would be submitted to Parliament on Wednesday regarding the Democrats' conduct," he added.

At least they got her to vote for once

He said Prime Minister and Pheu Thai leader Yingluck Shinawatra attended yesterday's session and cast her vote, as demanded by the opposition.

[indyuk]

Who in the Democrat Party are leading party astray. So much smoke for no fire indicates attempts at spoilers that embarrass clear headed politicians and make Abhisit look like an ill informed parliamentarian. I truly fear for the Democrat Party's future.