The ruling Pheu Thai Party has pledged to press ahead with its charter change effort but will wait for the Constitution Court to issue its formal ruling on the case before proceeding.
Fired up over ruling
About 30 red-shirt supporters from Pathum Thani burn coffins and pictures of Constitution Court judges outside the court on Chaeng Watthana Road to protest against the court’s charter amendment bill ruling.
A party committee overseeing political strategy yesterday met to discuss how to proceed with the third and final reading of the bill pending in parliament following the court's verdict.
The court on Friday dismissed five petitions challenging the legality of the charter amendment bill, but suggested there should be a public referendum if the constitution is to be rewritten in its entirety. The court suggested that the charter be amended by individual sections.
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After the three-hour committee meeting, party spokesman Prompong Nopparit said Pheu Thai had not yet decided on what to do with the bill.
The panel members agreed to wait for the full text of the court's formal verdict, which will be compiled based on the written opinions of the individual judges.
Mr Prompong said that Pheu Thai adheres to its argument that the court had no authority to accept the petitions against the amendment bill or to rule on the charter amendment process which is within the jurisdiction of the legislative branch.
He said the party had not decided whether to hold a public referendum or to go ahead with a vote on the charter bill in the third reading.
The party will listen to opinions from Pheu Thai Party MPs and other coalition parties and senators.
Regardless, Pheu Thai is determined to amend the 2007 constitution.
The party believes that setting up a constitution drafting assembly (CDA) is a process that will allow the people to exercise their power to write the constitution, which would help promote the development of democracy, Mr Prompong said.
Pheu Thai MP for Yasothon Pirapan Palusuk, a member of the party's legal team, yesterday said there was nothing the party could do at this stage as the court's decision was unclear.
Phumtham Wetchayachai, director of the Pheu Thai Party, said that the ruling had left the party baffled.
Mr Phumtham, a former deputy transport minister and executive of the defunct Thai Rak Thai Party, said the court acted beyond the scope of its authority. Therefore, Pheu Thai needs to tread carefully.
He said the party has to wait for the the court's formal verdict which will specify what part of its ruling are recommendations and which are legally binding on other organisations.
Section 216 of the constitution states that the court's ruling is final and binding on parliament, the cabinet, other courts and state organisations.
Prime Minister Yingluck Shinawatra yesterday said the government would ask the Council of State to interpret the court's ruling.
She said the Council of State's recommendations will be discussed at a cabinet meeting today before any decision is made.
She said it was too early to reach a conclusion and it was necessary to listen to opinions from all sides.
House Speaker Somsak Kiatsuranont said the best way would be for lawmakers to come up with a new bill to amend the charter section by section, which would therefore allow MPs to avoid making numerous requests for interpretations.
Amending the constitution this way would obviate the need for a referendum, which would cost about 2 billion baht _ a lot of money, he said.
Mr Somsak, ex-officio president of parliament, said this was just his personal opinion. Parliamentarians would make the decision.
Mr Somsak said he had assigned parliament's legal team to study the court's ruling.
He said the government-sponsored charter amendment bill is still pending consideration in parliament. Sponsors of the bill must first table a motion to withdraw it from parliament before a new process to change the constitution section by individual section can begin, he said.
Somrit Chaiwong, the Constitution Court spokesman, said it would take about 15 days for the court to issue the combined ruling.
He said the combined ruling and the opinions of each judge should clear up any confusion.
Pheu Thai MP for Chiang Rai Samart Kaewmeechai yesterday said the court should also dismiss a petition by People's Alliance for Democracy co-leader Chamlong Srimuang asking it to disqualify 416 MPs, senators and cabinet ministers who voted in support of amending Section 291 to create a charter drafting assembly to write a new charter.
Mr Samart said since the court ruled that the government's bill did not contravene Section 68 which prohibits attempts to overthrow the constitutional monarchy or grab power by unconstitutional means, the court should also dismiss Maj Gen Chamlong's petition.
The charter court on July 3 accepted Maj Gen Chamlong's petition alleging that charter rewrite proponents had violated Section 68.
The court has ordered the 416 lawmakers and cabinet ministers who voted for the amendment bill to submit statements justifying their decision.