PM selection rule under review

PM selection rule under review

CDC mulls Senate role in picking 'outsider'

The Constitution Drafting Committee will reconvene to debate the role of the unelected Senate, and just when it can prevail to choose an unelected prime minister. (Post Today graphic)
The Constitution Drafting Committee will reconvene to debate the role of the unelected Senate, and just when it can prevail to choose an unelected prime minister. (Post Today graphic)

The Constitution Drafting Committee (CDC) is debating whether the next Senate should take part in picking a candidate outside the political parties' prime ministerial nomination lists.

The CDC is mulling over the prospect of how senators will join the MPs in choosing the candidates for premiership after the extra question was approved in the Aug 7 referendum, according to CDC spokesman Chatchai Na Chiang Mai.

The extra question says the Senate will join the MPs in choosing a prime minister.

However, the CDC is now trying to figure out whether the Senate should also play a role in waiving the restriction that says prime ministerial candidates must come only from the parties' nomination lists.

Under the draft charter approved in the referendum, parties can name up to three contenders for the prime minister's post before the election.

After the election, only parties which have won more than 25 MP seats are eligible to retain their prime ministerial candidates' lists.

The MPs and the senators with 750 seats between them will convene to vote on one candidate agreed upon by the coalition government parties to be put up for the vote.

The winning candidate must have at least half the votes from the two Houses.

The draft charter says the Senate can only vote on whether to accept the prime ministerial candidate nominated by the parties.

However, questions remain as to what to do if the candidate repeatedly fails to win half the votes in parliament.

The CDC is debating whether the Senate should be able to join the MPs in overruling the requirement that the prime ministerial candidate be nominated only by political parties. Such a move would give someone outside the list the chance to be prime minister.

Mr Chatchai told the Bangkok Post more time is needed to study the issue. The CDC would invite National Legislative Assembly and the National Reform Steering Assembly members for their input as they were responsible for initiating the extra question in the referendum.

Their input will be vital in designing how the Senate-related clause in the draft charter should be adjusted in line with the extra question.

The design must also respect the CDC's principle in drafting the constitution in the first place, he said. "As of now, the issue of where the prime ministerial candidate will come from is not yet settled," he said.

Mr Chatchai said he personally thought the Senate should not have the power to make such an exception that allows an "outsider" to be nominated as prime minister.

The appointed Senate should not have a say in how the choice of candidate is determined. "That wouldn't be dignified," he said.

A source said if the requirement was overruled and all 250 senators decided to reject the prime ministerial candidate nominated by parties, there is a high chance an outsider could make a run for the prime minister's seat, which could ignite a new round of political conflicts.

The origin of the Senate itself was opposed by many critics who felt members of the Upper House who are appointed should stay clear of any role in choosing a prime minister.

Meanwhile, Pheu Thai Party member Ruangkrai Leekijwattana said he would file a petition against the Election Commission in court Monday, calling for a ruling on the legality of the referendum.

He also will ask the Supreme Administrative Court to nullify the result of the referendum, if it is found to be illegal, and call an emergency investigation to seek an explanation from the EC about why it had not been able to send copies of the draft charter to all eligible voters.

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