Several National Legislative Assembly (NLA) members are urging charter drafters to treat the proposal allowing the appointment of a non-elected prime minister as an exception, not the rule, saying it should only be done when necessary.
Somchai Sawaengkarn said the charter should not shut the door on a non-elected prime minister but also should not fully embrace the idea as it currently does. He was referring to Section 172 in which the House of Representatives is allowed to pick a non-elected MP as prime minister. An outsider must receive support from more than two-thirds of House members, as opposed to an MP who would require a simple majority to become premier.
Citing the political crisis which led to the coup, Mr Somchai said a non-MP as prime minister is not a totally detestable idea but restrictions must be in place to ensure that the provision is used only to defuse a political crisis. Moreover, it should be included in the transitory chapter of the draft charter, he said.
By writing the provision in the transitory chapter, it would be made clear that such an unconventional provision can be used during the reform process and should be removed when the reforms are completed, he suggested.
He noted the heads of other core institutions should be allowed to take part in selecting a non-elected prime minister.
NLA member Montian Boontan said the proposal may trigger a new round of political conflict.
He pointed to the Black May 1992 uprising triggered by the appointment of a non-MP prime minister — Gen Suchinda Kraprayoon — who was one of the military leaders who overthrew the Chatichai Choonhavan government in a 1991 coup.
"The draft charter is promoting greater public scrutiny of politicians, so it is deemed unnecessary to have a non-elected prime minister," he said.
"But if the charter drafters really think it is necessary, it should be treated as exceptional and included in the transitory chapter."
A non-elected prime minister is one of the key issues being discussed by the NLA which is reviewing the draft charter before submitting its recommendations on how to improve it to the Constitution Drafting Committee.
The other issues include a proposal allowing interest groups other than political parties to contest polls and provisions seeking the establishment of 15 independent committees including those tasked with implementing national reforms.
NLA member Somporn Thepsittha said he agrees with the proposal to make elections open to all groups because they will be forced to offer the best candidates they have for voters to choose from.
However, fellow NLA members Thaweesak Sukavathin and Jate Sirathananont argued this rule would likely weaken the political party system.
Regarding the committees, Mr Thaweesak said he is opposed to a proposal that allows NLA and National Reform Council members to sit on the proposed 120-member national reform assembly.
Election Commission member Somchai Srisutthiyakorn felt allowing interest groups to run in elections will cause political instability.