Justice Minister Chaikasem: PM Yingluck cannot legally resign

[webfact]

Justice Minister Chaikasem: PM cannot legally resign



BANGKOK: -- The government’s legal committee has reconfirmed that Prime Minister Yingluck Shinawatra cannot legally step down because there is no law which allows her to do so.

Speaking on the television Tuesday afternoon, caretaker Justice Minister Chaikasem Nitisiri, in his capacity as head of the legal panel, categorically dismissed the demand of the People’s Democratic Reform Committee that the prime minister resigns in order to pave way for the establishment of a people’s council which is tasked with drawing up a blueprint for national reform.

Mr Chaikasem said that the prime minister and her cabinet are mandatorily required by the Constitution to remain in their offices and to perform their duties until there is a new cabinet.

He insisted that there is no provision in the Constitution which will make it possible for the prime minister to step down now, adding that even if she actually resigns, her resignation will not be legally effective.

Citing Article 181 of the Constitution, he said that the caretaker government is collectively responsible to continue functioning so that there will not be a political vacuum whereas a new cabinet is not in place.

The justice minister also charged leader of the People’s Democratic Reform Committee secretary-general Suthep Thuagsuban and other protest co-leaders of breaching the King’s powers for their rebellious conduct to set up a parallel government and people’s council and to order government officials to report to them instead of to the Yingluck government.

Source: http://englishnews.thaipbs.or.th/justice-minister-chaikasem-pm-legally-resign/

-- Thai PBS 2013-12-10

[JetsetBkk]

Tell that to saint Suthep.

[Crushdepth]

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

[pkspeaker]

SHe steps dowd and who the hell are they gonna get? The country needs a PM at all times,there are rules for having new elections and dissolving parliament and Yingluck is following them. She has told these idiots repeatedly that she cannot "hand power over to a people's council" but these idiots insist that she is a 'dictator' that has absolute power over the government, the people, and the Dark Side of The Force and only their nutty riot can force her top give up these magical powers. How is she supposed to deal with these idiots exactly.

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

[terryp]

sorry but there very clearly is ..she just has to claim mental problem/stress this includes depression etc ..........the little cry is enough to show mental strain

[tomacht8]

I can not belief this.
Every politician may resign from his office for personal or medical reasons.

[pkspeaker]

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Edited December 10, 2013 by pkspeaker

[Crushdepth]

SHe steps dowd and who the hell are they gonna get? The country needs a PM at all times,there are rules for having new elections and dissolving parliament and Yingluck is following them. She has told these idiots repeatedly that she cannot "hand power over to a people's council" but these idiots insist that she is a 'dictator' that has absolute power over the government, the people, and the Dark Side of The Force and only their nutty riot can force her top give up these magical powers. How is she supposed to deal with these idiots exactly.

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

Obviously, they get Deputy Prime Minister Surapong or another deputy clown.

The point you are trying to obfuscate (and really, what the hell is wrong with you) is that the government has told a bald-faced lie in claiming that there is no legal basis for the PM to resign.

[trogers]

If the government's legal team is that good on matters pertaining to the Constitution, the government's political mess would not have reached this stage...

[aguy30]

That is a totally absurd interpretation of the law, even for Thailand. Since when can't a politician resign from office? They resign frequently all over the world without a specific law or constitution reference permitting it. It is understood that it can be done.

It is scary that Chalerm is waiting in the wings. He could give a whole new meaning to "disasterous".

Edited December 10, 2013 by aguy30

[Lingba]

I'm sitting here reading this and laughing my a_ _ off.....

It is quite obvious that this country is a political circus. The truth is..nobody has a clue what the laws are or aren't...and they have no back up plan for any type of emergency situation in place....Decisions will be made as situations arise and the outcome of those decisions will come from who has the money and the power at the moment...It is really time for the citizens of this Kingdom to really take a look at how they are all being manipulated. Rip apart the existing parties and toss them away for good...start over with finding individuals who represent different segments of society that have the country's and peoples true interest at heart and let everyone have an equal say in how things should be done

[EricBerg]

sorry but there very clearly is ..she just has to claim mental problem/stress this includes depression etc ..........the little cry is enough to show mental strain

After all she had to cancel her shopping trips to South Africa and other countries...

[siampolee]

The problem being that if she was allowed to resign there would be little or no chance of forcing through the 2 trillion baht scam scheme the flood prevention scam scheme along with a myriad of other self enriching scams schemes that the P.T.P. and their coalition commission agents have an interest in.The prime beneficiaries being the puppet master and his family plus their brown nosing acolytes.

Poor old Thaksin sitting there broken hearted.

Spent all his money on the Red Shirts and they only farted.

[animatic]

I remember rather clearly her brother stepped down as PM for a week, after a visit to the palace.

His deputy took over and the country did not collapse. Then a week later he took the job back unilaterally,

and that was instrumental in triggering the coup.

It really is not necessary to have a PM, a first minister,

when there are no other ministers to be first of.

As an administrator it is irrelevant, they usually don't do that work anyway.

They just need the election commission doing things to run the election,

and a hold on foreign affairs, as happens anyway,

and the courts, ministries and civil service still administrating.

Edited December 10, 2013 by animatic

[lovetotravel]

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Right now, anybody is better than Yingluck. I hear what you are saying, but if she had personally killed the amnesty bill, we wouldn't be in this mess now. Very simple. She's not leading the country, just looking out for her "clans" benefit.

[spirit47]

Walking dead have spoken...

[Tokay]

And this comes from the Justice Minister?

No wonder this place is a lawless zoo.

[plachon]

It's rather a pity the Minister didn't step forward and declare the Amnesty Bill and a dozen other efforts by the PTP crooks to sidestep the law as "unconstitutional" or Yingluk and her govt would not have found themselves in the mess they now thrash around in.

[pkspeaker]

When there is chaos on the streets the country needs a stable government and a leader, that is why the police/military supported Abhisit on his crackdown of red protesters in 2010. First there has to be calm and then an election, that's what was done last time and that's what will happen this time. I think Yingluck will be PM for a long time, VERY HATED/VERY LOVED is what Yingluck is, who else had those qualities-Reagan,Thatcher, GWB-they tend to stick around for a while.. The opposition has collapsed and the other PT PMs are much weaker than Yingluck, and the PM must be from the majority party, so Yingluck it is, even if she wanted to quit, her support base will put so much pressure on her to stay on that she will not be able to say no to them.

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Right now, anybody is better than Yingluck. I hear what you are saying, but if she had personally killed the amnesty bill, we wouldn't be in this mess now. Very simple. She's not leading the country, just looking out for her "clans" benefit.

Edited December 10, 2013 by pkspeaker

[Chupup]

The Government LEGAL COMMITEE and Justice Minister says she cannot resign, what a load of old <deleted> no wonder this "Government" is in the crap, if you belive that there are places for you

[Crushdepth]

When there is chaos on the streets the country needs a stable government and a leader, that is why the police/military supported Abhisit on his crackdown of red protesters in 2010. First there has to be calm and then an election, that's what was done last time and that's what will happen this time. I think Yingluck will be PM for a long time, VERY HATED/VERY LOVED is what Yingluck is, who else had those qualities-Reagan,Thatcher, GWB-they tend to stick around for a while.. The opposition has collapsed and the other PT PMs are much weaker than Yingluck, and the PM must be from the majority party, so Yingluck it is, even if she wanted to quit, her support base will put so much pressure on her to stay on that she will not be able to say no to them.

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Right now, anybody is better than Yingluck. I hear what you are saying, but if she had personally killed the amnesty bill, we wouldn't be in this mess now. Very simple. She's not leading the country, just looking out for her "clans" benefit.

This is a stable government? You think stable governments have hundreds of thousands of people protesting against them? Seriously?

We know you like PTP, but don't deny reality. Yingluck is a lightweight in every department and she will crack well before the election. You'd better start liking Surapong or (much less li!ely) the drunken fool, because they're the next act.

Stable, oh please

[JRSoul]

Not stable, pigs go in a sty.

[Swiss1960]

Well, gentlemen (and ladies), from right this minute on, since HM the King has approved the Royal Decree for parliament dissolution, set Ms Yingluck as caretaker PM and ordered elections for February 2, everytime Mr. Suthep will call for her to retreat from her post and call for a people's council, he will be in direct contradiction and disobedience of the Royal Decree of HM the King of Thailand.

His only option is now to obey to the Royal Decree, withdraw all his crazy ideas or otherwise face lese majesty charges.

[bigbamboo]

I do seem to remember Thaksin standing down but then again he was above the law anyway.

[Prbkk]

Time for a little less vitriol and let her move forward. The party must be pressured to give up some of the voodoo economics policies. On the other hand, the opposition has even less economic credibility. Mr Abhisit needs to know that wearing a nice suit and mixing in the cocktail set is not enough to run a country.

[pedro01]

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Thanksin has three other children he hasn't thrown under the bus yet, so there's plenty of options.

[animatic]

yea and the question is who are they gonna get if it's not Yingluck, it has to be one of those chlubs you see on TV lounging around parliament, If she quits it will have to be some other PhuaThai MP, they have the majority. And she has the right to run again, someone has to lead this country and right now it has to be Yingluck, there is simply no better option.

Thanksin has three other children he hasn't thrown under the bus yet, so there's plenty of options.

There is also younger brother Payup (or else) the family fund raiser.

[smedly]

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

Justice Minister Chaikasem = exactly the reason why PTP should not be in office

Just remember though that there is probably a considerable section of the Thai population that believe nonsense like this, why do you think the country is in such a mess

[whatsupdoc]

Time for a little less vitriol and let her move forward. The party must be pressured to give up some of the voodoo economics policies. On the other hand, the opposition has even less economic credibility. Mr Abhisit needs to know that wearing a nice suit and mixing in the cocktail set is not enough to run a country.

You don't seem to follow through on your own suggestion about less vitriol.....

By the way, I would think that Mr. Abhisit would know quite well what it takes to run Thailand and when it comes to economic credibility I'd prefer Korn over any other Thai politician.

[Thai at Heart]

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

The rather ridiculous constitution. I hope someone takes note to change this rather stupid loophole.

But can it be changed?,,and if so, by whom?