Constitution Court under fire over charter bill vote

Constitution Court under fire over charter bill vote

The Constitution Court has been accused of acting outside its jurisdiction when it ordered parliament to suspend vetting of the charter amendment bill.

The Pheu Thai Party and legal experts yesterday were gearing up for impeachment proceedings against the court's judges whom they claim violated the constitution as they had no right to take up protest petitions without a final opinion by the Office of the Attorney General.

The court on Friday voted 7 to 1 to accept complaints from the opposition Democrat Party and four individuals regarding the constitutionality of the draft charter amendment.

It also ordered parliament to suspend its deliberation of the bill pending a review.

The petitions asked the court to rule if the bill, which could lead to politicians steering charter rewrites by influencing the election of drafters, amounts to an act to abolish the constitutional monarchy.

The bill was scheduled for a third and final reading on Tuesday.

Pheu Thai spokesman Prompong Nopparit said yesterday the court had to wait until the attorney-general decided whether to accept the five petitions.

He cited Section 68 of the constitution, which stipulates that a person or a political party can ask the attorney-general to investigate actions which might seek to abolish the constitutional monarchy and submit a motion to the Constitution Court.

This meant the court had no right to take up the petitions without the required final opinion by the attorney-general, Mr Prompong said.

He said the judges' decision to order the suspension of vetting the bill could be deemed a violation of Section 157 of the Criminal Code concerning malfeasance by government officials and as a result they could face a petition to oust them.

Red shirt leader Jatuporn Prompan yesterday urged red shirt supporters to initiate a signature campaign to seek impeachment of the judges.

He claimed it was obvious they were working with a political party and influential figures to topple Pheu Thai. Mr Jatuporn was speaking to red shirt supporters who had gathered at Muang Thong Thani to celebrate the fifth anniversary of the Truth Today television programme.

"These people are working in tandem to discredit the government," he said, adding the draft charter amendment was not an attempt to abolish the constitutional monarchy.

An impeachment bid, however, should spare judge Chat Cholaworn, who was the only one to vote against the court's decision, Mr Jatuporn said.

Legal expert and former senator Panas Tassaneeyanond agreed the court's order was unconstitutional.

"The action can be deemed a violation of the charter as it is meddling in administrative power. I call on the public to sign a petition to impeach the judges under Section 270 of the constitution," Mr Panas wrote on his Facebook page on Friday.

He said under the principle of the supremacy of parliament, the House does not have to follow the Constitution Court's order to suspend vetting of the bill.

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