The Democrat Party is threatening to petition the Constitutional Court against any move to bypass the Lower House to pave the way for the selection of an "outsider prime minister".
Democrat deputy leader Nipit Intarasombat issued the warning Tuesday after a discussion between the Constitution Drafting Committee (CDC) and the National Legislative Assembly (NLA) on Monday when they agreed to maintain a provision under the draft constitution which gives a joint meeting of MPs and the Senate the power to suspend the rule relating to prime ministerial candidates.
This would allow for an "outsider" to be nominated, a move which critics fear could ignite a new round of political conflict.
- Editorial: CDC must not amend charter
Representatives of the CDC and the NLA will meet again on Friday to discuss the revision to the draft charter to include the provision they say received a mandate from the Aug 7 referendum results.
"Nobody can bypass MPs because they are authorised by the draft charter to be the first people to pick prime ministerial candidates from the political party lists," Mr Nipit stressed, vowing any move to challenge this step must be subject to the Constitutional Court's interpretation.
The Senate can only step in to join the House in the selection process of a prime minister if MPs fail to choose one.
The rule, stipulated by the draft charter's Section 272, allows MPs to propose the parliament speaker to select a prime minister from lists submitted by parties and, if they fail to select one, a joint session between the House of Representatives and the Senate would be allowed to begin the process of selecting an "outsider" to be premier.
However, the CDC and the NLA intend making a change to the draft charter after people voted to support the appointed Senate's role in joining the House in selecting a prime minister from the outset, he said.
Though the CDC has not yet come up with a final version, its chairman Meechai Ruchupan said earlier he would stick to the draft charter provision that authorises MPs, not senators, to propose a motion to kick-start a process to ignore the three-candidate rule, said Mr Nipit.
The CDC must devise an amendment that will not go against processes stipulated in the draft charter; otherwise this would be considered as disrespecting the voice of the people, who had voted in favour of the charter, said Democrat legal expert Wirat Kanlayasiri.
Also Tuesday, Phirasak Phochit, deputy chairman of National Reform Steering Committee, said it may not be necessary to ask the Constitutional Court to interpret the amendment because the CDC is required to send the amended version to the court for approval after it finishes making the change.
Meanwhile, Paiboon Nititawan, of the defunct National Reform Council, predicted the next prime minister after the election would be Gen Prayut Chan-o-cha, the current premier.
Mr Paiboon, who earlier announced plans for a political party to back Gen Prayut to be the next premier, said his party will not submit a list of prime ministerial candidates because the right person for the top job in his view is Gen Prayut.
Only the Democrat and Pheu Thai parties should nominate candidates, but "I believe nobody will become prime minister at this stage, except Gen Prayut", Mr Paiboon said.
The 250 appointed senators should be allowed to join the House, which consists of 500 MPs, in choosing a prime minister, he said.
