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Eyes on Senate as clock ticks down for PM Yingluck


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NATION ANALYSIS
Eyes on Senate as clock ticks down for PM

Somroutai Sapsomboon
The Nation

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With Yingluck caught in serious legal strife, focus is turning to the Senate poll, Pheu Thai and a possible power vacuum

BANGKOK: -- The People's Democratic Reform Committee (PDRC) and other perceived opponents of the Yingluck Shinawatra government are coming close to throwing a knockout punch.


They have delivered several heavy blows against the government before. But now, they are more convinced than ever that a clear victory is in sight.

The House of Representatives, after all, has already failed to convene within 30 days of the February 2 general election.

With the House not having a quorum of 95 per cent of MPs, a vote cannot be held for a new prime minister.

What has happened here, while the caretaker government is in power, is clearly against legal stipulations.

So last Friday, for those reasons, the PDRC's legal team called on the Constitutional Court to rule on the status of caretaker Prime Minister Yingluck Shinawatra.

Today, appointed Senator Paiboon Nititawan will also ask the Senate speaker to petition the Constitutional Court for a ruling on whether Yingluck can still remain in power.

Paiboon will point at the Supreme Administrative Court's finding that her order to transfer Thawil Pliensri from head of the National Security Council was improper.

Last Friday, the court also ordered Thawil's reinstatement within 45 days.

"From Thawil's case, it is clear Yingluck has violated the Constitution. She has meddled in reshuffles of officials," Paiboon said.

The latest moves by the anti-government camp have already caused big worries among Pheu Thai members.

"If the Constitutional Court rules against Yingluck and removes her as prime minister, the whole Cabinet may come crumbling down too. In that case, the PDRC will get the political vacuum it wants," a Pheu Thai source said.

The PDRC has pressed Yingluck to resign from her post as caretaker prime minister since late last year, to create a political vacuum, which the group says will pave the way for the much-needed "reform before election".

While the PDRC street protests have been huge at times, Yingluck has not bowed to the pressure to move aside.

Besides street protests, she also faces probes related to other alleged wrongdoing or negligence. The National Anti-Corruption Commission, for example, is investigating her for her role in the controversial rice-pledging scheme.

But none of the inquiries seems serious enough to bring down her whole Cabinet.

Pheu Thai Party, which leads the current government, believes that as long as it can name a successor for Yingluck, it won't be a problem if she has to go.

Pheu Thai also thinks it can cope with the repercussions of any court decision to nullify the February 2 election because it believes it can do well if it has to contest a new election.

So, the utmost fear of the Yingluck camp now is a political vacuum.

The PDRC is apparently biding its time to set up a People's Government or "neutral" government.

So if there is a political vacuum that prevents Pheu Thai from being able to name a national leader, the PDRC can quickly pursue its plan.

In the event of a political vacuum, the Senate speaker will become a key man because he has the authority to present the name of the new prime minister for royal endorsement.

The PDRC has been trying hard to get Nikom Wairatpanij kicked out of the Senate-speaker's post for quite a long time already for this reason. The PDRC prefers the First Deputy Senate Speaker Surachai Liengboonlertchai to Nikom. If Nikom is out of the way, Surachai is seen as more likely to respond to any requests from the PDRC.

Nikom's term as an elected senator expired earlier this month. A half-Senate election will be held on March 30 to fill 77 non-appointed seats. Nikom still serves as Senate speaker because the law requires that he stays in charge until the new Senate speaker is chosen.

Many politicians have fielded family members, close aides or canvassers in the Senate ballot as they are well aware that the Senate may be able to control the political game.

Although the red shirts continue to support the Yingluck government and her party, they may not be able to make much of a difference if the Army maintains its presence.

With military checkpoints ringing Bangkok, the Army's intention is clear.

The PDRC and its supporters believe that success is just around the corner now that Yingluck is ensnared in many serious legal predicaments.

And the red shirts can't be Yingluck's saviours this time.

But will the political game really go the way the PDRC expects? Or will there be a surprise ending?

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-- The Nation 2014-03-10

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Thing is, there is a sequence of events within the Constitution that allows for an unelected Council of Ministers... so long as it is initiated by the current Ministers and meets the approval of the National Assembly, currently being just the Senate. It is amusing that the Constitution appears to allow an unelected autocracy to propagate its power through Emergency Decrees. (I wonder who thought up that bit?!)

So it is possible for the PTP to propose a new PM and Cabinet, for it to be accepted by the Senate and a Royal Decree issued. But that's far too easy! It may not be a "government of unity" but it could be a "government of expedience". The problem, of course, is that this would still be unacceptable to the PDRC and its backers and we would be back to the present, just with different faces.

The same mechanism could even be used by the PTP to gracefully bow out and hand over power to the Suthepistas. cheesy.gif No, seriously, they could!!

At some point, the Thais need to amend this Constitution as the current tactic can be used over and over again by any disgruntled party.

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Her epic failure that we predicted, and have long awaiting is finally approaching. She had plenty of time to turn things around and do the job she was delegated to do. Without her, the country will be much better off.

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Ultimately you have to beat Thaksin in the hearts and minds of the rural poor. Anything heavy handed to remove his pawns without a good reason will only fire up the red shirts into desperate acts, just like the yellows. As long as Yingluck is left in place to bumble along she will erode PTPs confidence as the rice scheme dissastifaction amplifies. Let this drag on to the point where many farmers abandon PTP, once their position is weakened beyond repair and Thaksin loses the support of the poor majority, you can negotiate a peaceful compromise on terms that snaffle out his ambitions. He will go down fighting for sure. Trying to remove YIngluck by any means other than ballot, valid or not, plays into Thaksin's hands. But if she can be 'technically' disqualified and replaced by someone more palatable, then maybe Suthep can be persuaded to go home.

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This country is soooo in need of major reform. Top to bottom, left to right. Until that happens, nothing will change here.

The big unanswered question here is... what will Thaksin's response be to the removal of poo, the disolution of the PTP and the banning of it's members? Civil war perhaps.

Are the reds really that stupid?

Is Thaksin?

Ok, that last question was rhetorical.

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Ultimately you have to beat Thaksin in the hearts and minds of the rural poor. Anything heavy handed to remove his pawns without a good reason will only fire up the red shirts into desperate acts, just like the yellows. As long as Yingluck is left in place to bumble along she will erode PTPs confidence as the rice scheme dissastifaction amplifies. Let this drag on to the point where many farmers abandon PTP, once their position is weakened beyond repair and Thaksin loses the support of the poor majority, you can negotiate a peaceful compromise on terms that snaffle out his ambitions. He will go down fighting for sure. Trying to remove YIngluck by any means other than ballot, valid or not, plays into Thaksin's hands. But if she can be 'technically' disqualified and replaced by someone more palatable, then maybe Suthep can be persuaded to go home.

Good points made would also apply with regards to Suthep,

we would read that he said this and that everyday, but now very quiet. (even on TV, showing it's colors)(US)

He was beginning to annoy his own, so was no doubt told to take a backseat

or has some other movement behind the scenes occurred.

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And the yellow farangs start to dream again.

How many times have you declared victory now?

Its written on the walls; even in braille. Its a process, and a process in progress. The biggest certainty lies not in what others are doing in opposition- but the sheer incompetence of PTP, namely the Yingluk herself and complete ineptitude. We all know she isn't capable of so much as managing an ant farm.

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And the yellow farangs start to dream again.

How many times have you declared victory now?

Its written on the walls; even in braille. Its a process, and a process in progress. The biggest certainty lies not in what others are doing in opposition- but the sheer incompetence of PTP, namely the Yingluk herself and complete ineptitude. We all know she isn't capable of so much as managing an ant farm.

Whereas you are?

You speak as though you know the woman personally but I sense it's more a case of what your mates have told you,

or you read The Nation.

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The key-point here is the 'reform before election' crowd cannot prevent a new elected government from taking power for more than a couple months, and any such 'appointed' person is in-inherently another 'care-taker' PM, and will be forced to issue a new poll even if the previous one is nullified.

No-one is talking about nullifying the current constitution. If the rice corruption charge removes Yingluck then Charlem or some other PhuaThai MP will be the new PM, until one with full powers is elected and soon.

Any attempt to install a non PT 'appointedPM' for more than a month or so will bring about a massive red shirt backlash, the article seems to suggest that the 'army has checkpoints ringing bangkok' so there fore the red-shirts are helpless to rebel-this is absolute non-sense, the UDD can bring about 100,000s to take over bangkok anytime they want, any 'appointed' douchbag of a PM will be forced to abdicate to an elected parliament as soon as they start their uprising.. they will have international support, Abhist had 2 more years left in his 'appointed' PM capacity and was forced to call early elections.

The compromise position for the PAD/PDRC should be to end their protests as soon as Yingluck is forced to step-down in favor of another PT PM. but the protesters will have to accept a PT lead government for the next few years..

Edited by pkspeaker
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