Govt plays game of chicken with charter court

Govt plays game of chicken with charter court

Prime Minister Yingluck Shinawatra's decision to send the draft amendment to the constitution on the make-up of the Senate to the palace for royal endorsement on Tuesday shows her confidence in her government's majority power and fearlessness in the face of a possible showdown.

The government said it has no choice but to follow the charter by seeking royal endorsement within 20 days after the draft amendment passes its third reading.

But the opposition Democrat Party and a group of senators believe this should not be the case, because they say many articles in the draft violate the charter.

The Constitution Court will consider whether the draft is constitutional.

The opposition argues that the government should wait for the ruling rather than quickly seeking royal endorsement.

Should the Constitution Court rule against the draft after royal endorsement, a big political mess is inevitable.

The premier is unswayed, however, insisting the amendment is constitutional.

Should the court find it is not, which would abort the amendment, parliament must take responsibility, not the government, she insisted.

According to opposition leader Abhisit Vejjajiva, the government is trying to put pressure on the court and test the strength of anti-government alliances.

The government, he alleged, also supports protests against the court judges and threats of lawsuits by some pro-government lawyers.

"Had the government been sincere about political reconciliation, it wouldn't have created such a stand-off," he charged.

"I fully support the judges in their efforts to adhere to justice and the rule of law."

Echoing the stance taken by other Pheu Thai MPs, Samart Kaewmeechai, from Chiang Rai, insisted the court itself had violated the law by agreeing to accept a petition from the opposition challenging the draft.

Mr Samart, who chaired the House committee on charter amendment, which covers the Senate's composition, argued the court violated Section 157 of the Criminal Code by interfering in the work of the executive branch.

"Both the petitioners and the charter court are liable for legal punishment. The charter clearly stipulates the government must send the draft for royal endorsement within 20 days of it passing its third reading.

"Any efforts to stop this process are against the law. We will lodge a charge with the police and proceed with the court case to counter-balance the power of the court," he said.

Charter amendment opponents are unperturbed. "Go ahead," said Somchai Sawaengkarn, who petitioned the court for a ruling against the amendment.

"You risk being sued by the court for making false allegations. No one is violating Section 157. We're only doing our duty," he said. Despite the lawsuit threats and an ongoing red-shirt protest in front of the court's headquarters on Chaeng Watthana Road, the judges have said nothing. Certainly they don't want to fall into Pheu Thai's trap. Should they act in any way to show they are not neutral, they might be forced to withdraw from the judging committee.

The judges meet every Wednesday and many of the items on their agenda could make or break the government.

Also before the court is the 2014 Budget Bill which cuts the budgets of independent organisations such as the Administrative Court, the Court of Justice, and the Office of the National Anti-Corruption Commission.

As for the Senate make-up draft, it has to pass the scrutiny of the legal arm of the Privy Council. The King can approve it in 90 days, or the government can send it back to parliament again to make it effective without royal endorsement. That means the court has 90 days to rule if the amendment is constitutional. This is ample time for many political games to unfold. It is a tense time and the one who blinks first will lose.


Nattaya Chetchotiros is Assistant News Editor, Bangkok Post

Nattaya Chetchotiros

Assistant News Editor

Nattaya Chetchotiros is Assistant News Editor, Bangkok Post.

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