Ruling 'opens door' for 8 more years of Prayut

Ruling 'opens door' for 8 more years of Prayut

Senators still unable to vote for next PM

The Constitutional Court's ruling on the enhanced role of the senate after next year means Prime Minister Prayut Chan-o-cha could easily stay on for 10 more years. (Post Today photo)
The Constitutional Court's ruling on the enhanced role of the senate after next year means Prime Minister Prayut Chan-o-cha could easily stay on for 10 more years. (Post Today photo)

The Constitutional Court ruling for a draft charter provision to be amended over the procedure to select a prime minister could pave the way for Prime Minister Prayut Chan-o-cha to stay in power for another eight years after an election, critics say.

Chaikasem Nitisiri, a former attorney-general and Pheu Thai executive, said Thursday he was concerned that the court ruling would pave the way for a prime minister who is not from political parties' candidates lists to come to power.

He doubted whether that reflected the real will of voters in the Aug 7 referendum on the draft charter, and the extra question related to the Senate's role in selecting a prime minister.

The Constitutional Court on Wednesday decided the Constitution Drafting Committee (CDC) must proceed to rectify two areas of the draft charter, in light of the extra question in the referendum approved on Aug 7.

The extra question asked if the Senate should join MPs in selecting the next prime minister during a five-year transition period.

The court ruled that Section 272 of the draft charter needs amending for senators to join MPs in proposing a motion to suspend the rule requiring prime ministerial candidates to come from political party lists if the MPs failed to vote in a prime minister from those lists.

Presently, only MPs are allowed to propose a motion to suspend the rule.

After the existing rule is suspended, at least one-tenth of MPs can initiate a motion to propose individuals not included on party lists to be prime ministerial candidates.

However, the court said senators are not permitted to nominate a prime minister, arguing the charter is designed to place the process of nominating and voting for the prime minister in the hands of MPs, so the selection of a prime minister is off-limits to the Senate.

The court also ruled that the process to select a prime minister from outside the political party lists can take place several times during the first five years.

Mr Chaikasem said it is now clear that the Senate will remain in power for five years.

Mr Chaikasem added that the court ruling will open the way for an outsider unelected prime minister to stay in power for two consecutive terms of the House or eight years.

If the time set aside to prepare the election is added up, the people may get an outsider prime minister who will remain in power for up to 10 years, he said.

Political observers expect Gen Prayut will get support from senators and some political parties to be the outsider prime minister if MPs failed to vote for a prime minister from the lists.

Deputy Prime Minister Wissanu Krea-ngam admitted Thursday the possibility that Gen Prayut would stay in power for another eight years after the election following the court's ruling.

Regarding an outsider prime minister coming to power for an extended period, the deputy prime minister said: "That's possible, if [the new prime minister] is tough and patient enough." He also said this also depends on whether the new prime minister will be so popular that he or she can win several elections.

He said the court also agreed that the process to choose a prime minister can take place several times during the first five years if a prime minister cannot perform his or hers duties.

CDC chairman Meechai Ruchupan said that under the current draft charter only MPs can propose a motion to suspend the rule with support of more than half of the existing number of MPs. The motion requires a vote of support from two thirds of MPs and Senators.

But the court ruled that the senators should have the right to join in the motion to suspend the rule, and the charter provision must be amended so that the motion has the support of half of the members of both houses. Then, parliament can vote on the motion, which requires two thirds of both houses to pass.

Under the new charter, there are 500 elected MPs and 250 appointed senators.

However, Mr Meechai insisted that the senators will still have no power to nominate a prime minister as such power remains in the hands of MPs.

Do you like the content of this article?
COMMENT (15)