The merits of the interim charter's Section 44 as a "cure-all" remedy for the country's ills have come under fire in the wake of the premier's order to fast-track mandatory environmental impact assessments for megaprojects on Tuesday.
In just under two years since the junta seized power, Prime Minister Prayut Chan-o-cha has issued a total of 52 orders under the controversial section which grants him sweeping powers.
Section 44, which most people came to know about in April 2015, after Order 3/2558 -- a ban on political gatherings -- was introduced to replace martial law, has since gained prominence and been used to tackle all kinds of problems from illegal fishing to drink-driving, forest encroachment and alleged corruption in state agencies, among others.
"Section 44 has become Thailand's daily dose of paracetamol," a prominent political scientist who asked not to be named, told the Bangkok Post, warning the cure-all is not without side-effects.
Whenever one person has sweeping powers, including those usually reserved for legislative and judicial entities, there is a lack of accountability, the academic said.
Section 44 is being used to fast-track the decision-making process by removing check-and-balance mechanisms in many cases and bypassing the due process of law in others.
Last year, Section 44 was invoked over 30 times to tackle administrative chores, in large part to accelerate transfers or removals of state officials suspected of graft.
Due process is cut short, the academic said, without giving a chance for the accused to defend themselves before they are sanctioned.
"It's punish first, prove later," the source added.
This has resulted in a culture of fear among state officials. In the case of the fast-tracking of megaprojects with little consideration for environmental safeguards, the consequences for affected communities may be enormous.
"This is not the right way to resolve problems," said Buntoon Srethasirote, a member of the now defunct Bowornsak Uwanno-led charter drafting team.
The prime minister's use of Section 44 has made him popular at times, but there also are complaints he has used the power as a cure-all. (Post Today photo)
Often, problems stem from a flawed system, but that system does not get corrected, he said. The article is in fact akin to a Band-Aid placed on a wound, he added, while the root cause of the disease is never addressed.
The special powers only focus on political or economic benefits, he added. However, these may only be short-term gains and quick-fix solutions which are preferred over thorough consultations.
The orders are issued following a decision-making process that involves only a handful of people, while the topics they cover sometimes require knowledge and expertise beyond the military's usual scope.
"What we have is a small circle of people, technocrats and military men calling the shots," Mr Buntoon added, which he said can prove problematic in setting public policy.
Nonetheless, solutions provided under Section 44 are unlikely to be sustainable. After a return to democratic rule, those orders will be revoked and the problems will resurface, he added.
Whoever will take responsibility for the consequences of orders issued under Section 44 is unclear, the unnamed political scientist argued.
According to Section 48 of the interim charter, the head of the National Council for Peace and Order and those who act upon his orders are exempt from any consequences from their orders and actions.
As a result, people will not be able to take them to court and this gives them a free hand, the political scientist added. However, their actions will be remembered in history, she said.
What is alarming, she argued, is the culture of fear and habit that the order is creating in society. While the junta's rule is prolonged, a part of society is becoming used to relying on quick, drastic solutions and may call for them to be used to tackle socio-political problems in the future.
"That will take a long time to correct," the academic said.
Sections 44, 47 and 48 of the interim charter are inconsistent with the rule of law, said Kingsley Abbott, International Legal Adviser at the International Commission of Jurists, a non-governmental organisation. The high number of orders and announcements issued by the NCPO are a concern, he added.
Crucially, the rule of law also requires that those who are affected by the law must have access to justice, have their complaints heard in a fair trial and obtain remedy and reparations where appropriate.
Sections 47 and 48 effectively remove this right by declaring that all orders and announcements of the NCPO are "legal, constitutional and final" -- and cannot be reviewed by a court -- and that the NCPO and their agents are exempt from all accountability. This places executive power beyond the law, even when human rights violations have allegedly been committed.