Two reform panels have agreed to ask the Constitutional Court to rule if the draft charter, which is due for a vote early next month, is complete and legitimate as the preamble is missing.
The decision to seek the ruling comes from the political reform and the justice and law reform panels of the National Reform Council (NRC), to make sure there will be no legal complications.
Constitution Drafting Committee (CDC) chairman Borwornsak Uwanno has downplayed their concerns, saying the preamble is not the CDC's task and it is exclusively for the monarch's review.
Based on the Constitutional Court's ruling on Nov 20, 2013 involving an attempt to amend the Senate's composition in the 2007 charter, the Constitutional Court noted the preamble is a core element and is taken into account when making a ruling.
"To make sure there will be no complications if the charter is endorsed in a referendum and enforced, we think it is best to ask the court for a review," NRC member Udom Fuangfung said.
The panels are gathering the signatures of NRC members for submission to NRC chairman Thienchay Kiranandana who is expected to press the cabinet to seek the charter court's intervention over the preamble.
Mr Borwornsak said Monday the CDC has explained to the NRC why the preamble is not included.
Traditionally, he said the preamble is written after the drafting of a charter is finished and the cabinet's secretariat office will be responsible for the matter.
"They are not the first to question if the draft charter is complete. In the drafting of the 1997 charter, a senator asked the same question. At that time Mr Wissanu [Deputy Prime Minister Wissanu Krea-ngam] explained the cabinet's secretariat would draft the preamble and submit it for the King's review," he said.
He said in the drafting of the 2007 charter the drafting committee was asked to write the preamble. However, after the charter was passed in the referendum, significant changes were made to the preamble initially prepared by the 2007 charter drafting panel.
He distributed copies of two versions of the preamble to support his claim.
Mr Borwornsak also noted in the 1932 constitution it was called the Royal Preamble.
The CDC chairman urged the NRC panels to move quickly to seek the charter court's interpretation before the vote deadline passes.
Khunying Sudarat Keyuraphan, a former deputy leader of the defunct Thai Rak Thai Party, has taken aim at the draft constitution, saying it is designed to weaken politicians and political parties and legitimise the seizure of power.
The veteran politician is opposed to the proposal for a "crisis panel" which can override the power of a prime minister during a national crisis, among others.
She said the constitution should have come up with strong checks and balances instead of introducing an extraordinary mechanism that can take away the people's mandate.
