The Constitution Drafting Committee yesterday approved a proposal that the Constitutional Court should be empowered to rule on disputes that are not covered by any other provisions in the charter.
PM’s Office Minister ML Panadda Diskul, centre, Election Commissioner Somchai Srisutthiyakorn, fifth from right, and Rewat Khreaubuddeemahachok, president of the association of deputy district chiefs, white shirt, shake hands. ML Panadda yesterday mediated talks between the association and Mr Somchai over his recent Facebook remark critical of the ministry’s role in supervising elections. THITI WANNAMONTHA
CDC spokesman Kamnoon Sidhisamarn said the panel has agreed to include a clause in Section 7 to make sure future controversies will be settled, with the court's intervention if necessary, and will not lead to political stalemates.
Section 7 of the 2007 charter says if a situation arises where no provision under the constitution is applicable, the matter shall be decided in accordance with constitutional practice in a democratic regime of government with the King as Head of State. It is viewed as an emergency measure to seek a way out in the event of unforeseen problems or a political deadlock.
Mr Kamnoon said the section has come into focus in recent years when political crises have emerged. However, it appeared to invite more questions than it gave answers. When political deadlocks arose, some politicians called for Section 7 to be invoked to pave the way for a royally-appointed government or prime minister.
During the political crisis prior to the May 22 coup, a debate raged about whether the King should intervene and whether Section 7 should be invoked to allow the appointment of an interim government.
Mr Kamnoon insisted the clause is not aimed at preventing calls for a royally-appointed government or prime minister in particular. However, he said some requests might arise which involve the royal institution. The bill should clearly specify an organisation which can be named to solve deadlocks.
"There is a chance that Section 7 might be cited again, bringing on a lengthy debate and a possible conflict. A dispute may not be limited to the issue of a prime minister.''
Under the new charter now before the CDC, Section 7 is generally similar to Section 7 of the abolished 2007 charter, he said. The addition of the clause in question is intended to fill a political vacuum. "We did have a debate about what the Senate could do to resolve the political crisis but it still has limitations. The CDC sees a need to fill the vacuum," he said.
Some members of the CDC yesterday raised concerns the addition of the clause would give overwhelming powers to the Constitution Court. They said the court would be assuming the role of amending the charter through its rulings.
Mr Kamnoon said the structure of the court and the qualifications of the judges were also raised but these issues will be discussed when the CDC works on a chapter on the court.
Some were concerned the Section 7 change would create a heavy workload for the court, such as when the House of Representatives was flooded with requests to rule on international agreements.
Section 190 of the 2007 charter required compulsory parliamentary endorsement of key international agreements. Virtually every agency sought parliament's review.
Meanwhile, as the CDC began its first day of section-by-section writing yesterday, members agreed not to include in the charter a clause that seeks to ban people from citing the King, the Queen and the heir to the throne for political and personal interests.
The CDC is concerned such a ban might be used as a tool to persecute political opponents. It believes Section 112 of the Criminal Code, known as the lese majeste law, is adequate to protect the highest institution.