People's Democratic Reform Committee (PDRC) leader Suthep Thaugsuban's proposal for the chairman of the Election Commission, the Senate speaker and the presidents of the Supreme Court, Supreme Administrative Court and Constitutional Court to push for the nomination of a prime minister under Section 7 is unconstitutional and undemocratic, Thaksin Shinawatra's legal adviser said Sunday.
The proposal would also face at lease seven obstructions, said Noppadon Pattama, who is also a member of the Pheu Thai Party's party affairs committee.
Mr Noppadon outlined the seven obstructions as follows:
- A cabinet is still administering the country. So, there is not yet a political vacuum to warrant the appointment of a prime minister under Section 7 of the constitution;
- The election of Surachai Liangboonlertchai as speaker of the Senate on Friday may be illegal;
- Even if Mr Surachai's election is legal, his election has not been royally endorsed;
- The constitution requires the prime minister to be an MP;
- The constitution requires the speaker of the House of Representatives to propose a royal command appointing the prime minister, not the speaker of the Senate;
- Under the constitution, the election of the prime minister must be made by the House of Representatives, not presidents of courts and heads of independent agencies; and
- The presidents of various courts are unlikely to follow Mr Suthep's proposal.
Even if Mr Suthep's proposal is successful, this would be followed by serious political conflict and instability. Foreign investor confidence in Thailand would plunge, thus causing the country's economic condition to deteriorate.
Mr Noppadon stressed his belief that elections are the best way out.