A legal dispute over the authority of the acting caretaker premier has become the central battle ground in the stand-off between pro- and anti-government protest groups.
seeing red: Utthayan Road in Nakhon Pathom’s Phutthamonthon district is packed with red-shirted supporters of the pro-government United Front for Democracy against Dictatorship on the first day of their new rally yesterday. photo: PATTARAPONG CHATPATTARASILL
The People’s Democratic Reform Committee (PDRC) is demanding the heads of key independent organisations push for the nomination of new prime minister, a move the pro-government red shirts insist is legally impossible.
PDRC leader Suthep Thaugsuban yesterday called on the Constitutional, Supreme Court and Supreme Administrative Court presidents, the Election Commission chairman and the Senate speaker to work out a plan for the appointment of an interim government under Section 7 of the constitution.
The protest leader claimed that after former premier Yingluck Shinawatra was disqualified by the Constitutional Court last Wednesday, there was no one left with the authority to act as caretaker prime minister.
Ms Yingluck and nine of her cabinet members were stripped of their powers for their role in the transfer of a senior civil servant in 2011.
Mr Suthep insisted Niwatthamrong Bunsongphaisan, who has been appointed acting caretaker prime minister by the remaining members of cabinet, lacks the legal status to lead the caretaker government.
He claimed Mr Niwatthamrong still held only his former status of caretaker deputy prime minister.
Because there is currently no House of Representatives, Mr Suthep insisted the Senate has the power to select a new prime minister.
“I urge the heads of these five key institutions to carry on the process to select a new prime minister,” he said.
Mr Suthep said if no response is made to the PDRC’s call by tomorrow, the PDRC would have to do “something” to achieve the goal by itself.
The PDRC will continue to rally until there is a new prime minister, he said.
However, Mr Suthep’s move was immediately challenged by red-shirt United Front for Democracy against Dictatorship (UDD) leader Jatuporn Prompan.
Speaking before kicking off a major red shirts demonstration on Utthayan Road in Phutthamonthon area, Mr Jatuporn said the PDRC plan was based on conflicted logic and would be impossible to implement if the anti-government group does not recognise the authority of Mr Niwatthamrong.
To have a new prime minister appointed, the Senate speaker must be the one who submits the nomination to His Majesty the King for endorsement, he said.
But Deputy Senate Speaker Surachai Liangboonlertchai, who was nominated as senate speaker in a vote on Friday night, is not royally endorsed and is therefore not authorised to submit a prime ministerial nomination to His Majesty.
Under the constitution, it is the prime minister who must submit Mr Surachai's nomination for royal endorsement.
Given the PDRC’s rejection of Mr Niwatthamrong’s premiership, the submission of the Senate speaker’s royal endorsement is impossible. If there is no Senate speaker, the Section 7 appointment of an interim government is also impossible, Mr Jatuporn said.
The UDD leader also said the selection of the Senate speaker on Friday may have violated the charter, and the endorsement could be stalled by a legal challenge.
“The post of the Senate speaker is not filled,” he said.
Mr Jatuporn called on the Supreme Court president to be prudent, warning that any misstep will only deepen the political crisis.
He said the court president was the only person among the five agency heads targeted by Mr Suthep whose integrity is not compromised by the political conflict.
He also said the red shirts were digging in for a prolonged protest and will use legal means to fight against the appointment of an interim prime minister.
UDD secretary-general Natthawut Saikuar said the group will intensify its campaign if the PDRC presses ahead with its plan for an interim premier.
Meanwhile, Mr Niwatthamrong yesterday brushed aside Ms Suthep’s claim that he lacks the authority to govern.
He said the caretaker government has an obligation to carry on and will continue in it role until a new government is elected.
Mr Surachai, meanwhile, appeared reluctant to commit to any position on Mr Suthep's demands. He has called an unofficial meeting of senators tomorrow, with Mr Suthep's request expected to be on the agenda.