Will the next charter allow an unelected prime minister? If the charter drafting sub-committee has its way, the answer is a resounding yes. Sub-committee chairman Apichart Sukhakhanont plans to soon hand over the controversial unelected PM proposal to the Charter Drafting Committee (CDC).
According to the proposal, a prime minister will be elected by a majority vote from the House of Representatives. The names of political party candidates, however, must be selected and announced by the parties beforehand to allow for public input.
The move has come under immediate fire, with critics accusing the proposal of taking the country back at least 40 years. Since the 1968 charter did not bar an unelected prime minister, Marshal Thanom Kittikachorn did not face any legal hurdles when he took the country's reins.
Due to frequent coups during that period, subsequent charters also allowed "outsiders" to become prime minister through coalition governments.
Everything changed after the Black May bloodshed in 1992. Following overwhelming public opposition against an unelected prime minister, the subsequent 1997 and 2007 charters clearly stipulated the prime minister must be an elected politician.
National administration under electoral democracy is still seriously flawed because of a severe lack of political accountability and proper checks and balances. But just because monitoring by independent agencies and the public has fallen short does not mean electoral democracy should be discarded. A political system that respects the voices of the people must be upheld.
The new charter aims to meet international standards, which will be impossible if the charter allows an unelected prime minister. Allowing an unelected PM to lead the executive branch goes against democratic rule based on the popular mandate. This is because all legislation requires approval from the prime minister. If the unelected PM rejects proposed laws, people's voices in the legislative branch will be stifled by his or her executive powers.
Executive powers should come from a people's mandate in a democratic system, so an unelected PM lacks legitimacy. A charter that allows it also goes against people's calls for democracy and the way of the world.
According to a Nov 8 Bangkok University poll, 73.4% of respondents say they want an elected premier. Only 21.8% say they want the PM to be elected indirectly by MPs, as is being proposed by the charter drafters.
It is clear what the public wants and the charter drafters should listen. The ongoing debate about the unelected PM is often misleading. Supporters of the proposal question if electing a premier even fits with Thai culture. They also claim the electoral system that allows the PM to be directly elected by voters is the same as a presidential election, which challenges the current political system under the constitutional monarchy.
The outsider PM issue is not the only controversy of the new charter. The electoral system is also hotly debated. Although the decision is yet to be announced, the CDC clearly prefers the mixed-member proportional representation system.
Meanwhile, they have already decided there will be 350 constituency MPs and 150 party-list MPs. There is widespread concern that this type of electoral system will create a weak coalition government and increase political instability.
One fierce critic of this system is Sombat Thamrongthanyawong, former member of the now-defunct National Reform Council.
This system aims to weaken the government. It also shuts the door for small parties trying to enter the political arena by demanding they field candidates in all 350 constituencies. Often they simply cannot compete due to lack of funds and candidates outstanding enough to win people's votes.
Under the proposed system, if small parties cannot field candidates in all constituencies, they will lose the opportunity to be voted in as party-list MPs. Under the new vote calculation method, it is also difficult for big parties to have a decisive majority. Since the votes of those who lose in the election will also be counted, the final counts between the winner and the runner-up will not be so far apart.
The calculation system will also help middle-sized parties, enabling them to make political deals with big parties such as the Pheu Thai and Democrat parties.
The party that the middle-sized parties side with will form the core of the coalition government.
When it comes a time to elect an unelected PM, these middle-sized parties would enjoy strong bargaining power to decide which outsider will finally become Thailand's prime minister.
Nattaya Chetchotiros is Assistant News Editor, Bangkok Post.