As the Constitution Drafting Committee (CDC) under the leadership of legal guru Meechai Ruchupan starts to accelerate its efforts to amend the charter that gained public approval in the Aug 7 referendum, with a focus on the section involving the selection of the prime minister, this is creating suspicion that next year's planned general election will not be nearly as democratic as intended.
Suspicions are rising as the CDC initiated a debate which seems to propose the amendment of Section 272 in a way that may bypass the role of the House in voting for candidates for prime minister as listed by each major political party or those with 25 or more MPs. The same section stipulates the role of the regime-appointed Senate in voting for the prime minister, most likely a non-elected one.
This is where the problem begins as it is said that some factions in the CDC appear to want to include the appointed Senate in the PM nomination process from the beginning. The move could be possible given the vagueness of the process with regard to when and how additional questions will be applied.
The CDC is debating how this should be handled so they can write their solution in stone in the enabling laws needed to bring the approved constitution into force. They have even narrowed down their make-believe stalemate so much that -- in their hypothesis -- only the Senate could break the impasse by nominating its own candidate as prime minister. That candidate, the CDC currently hypothesises, would be a sterling candidate and parliament would approve the Senate's choice by a huge margin.
While Mr Meechai insisted that there is a need to maintain the clause in Section 272 regarding the role of the House in selecting the prime minister, the legal guru appears to be open to the alternative option. He said he would raise and clear the matter with the National Legislative Assembly on Friday.
But Mr Meechai and CDC members need to realise that while the voters allowed the future, unelected Senate, to vote along with elected House members for the next prime minister, they also wanted the House to play its role in accordance with Section 272 that recognises the role of the House that, with 50% of the vote, it will select the listed candidate. This charter authorises elected MPs to become prime minister, but goes even further. Voters will know when they go to the polls who is being put forward as premier by each party.
The move to propose a change to the constitution comes close to hoodwinking voters. It is understandable that critics have claimed that the current CDC "debate" is nothing but a shadow play to keep the military regime in power. It will be a travesty of constitutional rule if the CDC is allowed to amend the charter section. By claiming its hypothetical vote deadlock has to be addressed now, the CDC is showing a lack of respect and trust toward the Constitutional Court, which exists precisely to settle such issues when they occur, not in some invented future.
It is clear that voters approved adoption of the charter as presented by the CDC as a complete constitution. It is possible the CDC believes it is doing a favour for the military regime which will appoint so many of the future senators. In fact, the change risks political division and conflict not seen since 1992.
The best course of action is for the CDC to get back to the business of writing enabling laws. Changing the constitution that has been approved by citizens cannot end well.