The House and Senate on Tuesday voted 366-316 to seek a Constitutional Court ruling on the legality of the ongoing charter amendment process.
The vote, during which 15 abstained, followed a four-hour debate on the motion proposed by Paiboon Nititawan, a deputy leader of the coalition-leading Palang Pracharath Party (PPRP), and senator Somchai Sawaengkarn.
The 366 yes-votes were from 230 senators and MPs from PPRP (113), Democrat (1), Palang Thongtin Thai (5), Action Coalition for Thailand (5), Rak Puen Pa (2), New Economics (1) and other small coalition parties (9).
The 316 no-votes were from the opposition — Pheu Thai (124), Move Forward (51), Seri Ruam Thai (9), Prachachart (5), Puea Chart (5), New Economics (1) and Palang Puangchon Thai (1) — and other coalition parties — Bhumjaithai (60), Democrat (47), Chartthaipattana (12) and Thai Civilized (1).
The 15 abstentions were senators (7) and MPs from New Economics Party (4) and coalition Chart Pattana Party (4).
During the debate ahead of the vote, opponents to the motion said the request for a ruling from the Constitutional Court would delay the process — the second reading of the bill was to take place late this month.
Proponents to the motion, most of whom were senators, said the Constitutional Court would confirm the legitimacy of constitutional changes.
Mr Paiboon argued the constitution did not allow a rewrite of the charter once it had been endorsed in a referendum. Amendments by section by lawmakers, however, are possible, he said.
Since voters endorsed the charter in effect now in 2016, Mr Paiboon said it could not be rewritten by the planned elected council unless a fresh referendum is held to ask people whether they agree with it first.
Senator Somchai said the Constitutional Court had usually been asked to settle legal disputes between House representatives and senators.
Last November the parliament adopted two charter amendment bills in the first reading — one proposed by the government and the other by the opposition.
A parliamentary committee scrutinising charter amendments initially agreed to a proposal by opposition parties to set up a Constitution Drafting Assembly comprising 200 members who would be directly elected by voters from across the country.
The second reading of the bills was expected on Feb 24 and 25.
