The National Reform Council (NRC) on Friday slammed a charter provision which they say could raise the risk of political meddling with the Office of the Judicial Commission (OJC).
The criticism came on the fifth day of debate on the 315-section draft charter before the NRC on Friday which focused on charter provisions on the rule of law, the courts and the judicial process.
Several NRC members blasted Section 225 of the draft charter which deals with the OJC's composition.
The section says one-third of OJC members must be outsiders who have not been judges.
Seree Suwanphanont, head of the NRC panel on legal and justice reform, said the one-third requirement will potentially open the way for politicians to interfere with the OJC.
He said this would open the door for outsiders to lobby for their appointments to the OJC.
Mr Seree also suggested that more courts be set up to dispense justice to people, adding that establishing a court in each provincial district will be a real boon to local residents.
He also said police should allow the public access to investigation reports as part of efforts to reach out more to citizens who feel officials in the justice system have treated them unfairly.
NRC member Khemchai Chutiwong voiced his disagreement with the provision, saying Thai politicians tend to meddle with the judiciary for political gain.
Banjerd Singkaneti, a member of the Constitution Drafting Committee (CDC), explained that the charter provision aims to allow people from outside judicial circles to join the OJC so they can offer objective opinions that may be useful to the judicial process.
He insisted the provision is not intended to invite political interference in the judiciary.
Mr Banjerd also defended a charter provision requiring judges holding executive posts to leave these positions at age 65 but carry on serving in the judiciary as senior judges until they are 70.
The current mandatory retirement age of judges is 70.
Some critics have said that under the new charter this would mean the judges would be relegated to a lower status if they decide to stay on as senior judges after turning 65.
But Mr Banjerd insisted that allowing the judges to continue to work as senior judges would not hurt their dignity, as has been alleged by some NRC members.
He said the provision does not require senior judges to work only in lower courts.
It is up to the OJC or the personnel management offices of each court to decide where the senior judges will be assigned, Mr Banjerd said.
Most importantly, the experience of senior judges will be useful in guiding new judges and in supporting the dispensing of justice, he said.
CDC chairman Bowornsak Uwanno yesterday accepted a letter containing recommendations from representatives from the judiciary.
He said the CDC will consider proposals to improve the draft charter by the NRC after the debate ends tomorrow.
Mr Bowornsak said that after the debate the CDC will have another 60 days to consider proposed changes to the draft from the public and from members of the other four key bodies, which make up the so-called "five rivers".
