There is no justifiable reason to dissolve the House at this point in time although a dissolution is technically possible even with an acting prime minister, Deputy Prime Minister Wissanu Krea-ngam said on Monday.
The government's legal expert said on Monday that even though two organic bills amending the laws on the election of MPs and political parties -- which are crucial pieces of legislation for managing the next election -- have not been enacted, there are ways around organising an election if the House is dissolved.
He explained that the Election Commission (EC) may issue regulations to arrange a general election, or the government could invoke an executive decree governing a poll.
An executive decree is the less laborious of the two options as it could emulate the entire contents of the organic law on the election of MPs to be put into practice.
However, Mr Wissanu said he did not favour the decree option as it risks being tampered with in the process of going through and being approved by the cabinet for promulgation.
Deputy Prime Minister Wissanu Krea-ngam (Photo: Government House)
As they stand, both the organic bills on the election of MPs and political parties may be delayed in being passed into law as it is being decided whether their constitutional validity should be checked.
"There's no cause for disbanding the House. Why worry?" Mr Wissanu said.
The deputy prime minister said he could not think of a plausible reason for dissolving the House of Representatives and calling a general election anytime soon.
Generally, a House dissolution occurs when the government and parliament are locked in an irreconcilable conflict, or the government is defeated in critical legislation.
"That would compel the government to call it quits. But I can't see any such reason right now.
"Don't believe rumours," Mr Wissanu said.
He explained that Deputy Prime Minister Prawit Wongsuwon -- who is now acting prime minister filling in for Gen Prayut Chan-o-cha who is suspended pending a Constitutional Court's ruling on the limit of his tenure -- assumes the full power of prime minister, including being able to disband the House.
While that works in theory, in practice, though, thorough consideration is in order, he said.
"Dissolving the House goes beyond signing a piece of paper. It involves forwarding the matter to the King for royal endorsement and a whole host of reasons must be furnished to justify such as an important decision."
Also on Monday, a source at the EC said the poll regulator is not ready to organise a general election unless the two organic bills pertaining to the election of MPs and political parties are passed into law.
Although the EC has prepared itself for polls, the essential laws must come into effect in order for the agency to be fully ready and functional for the election organising job.
For example, without the organic law on the election of MPs in place, the EC is unable to order the designation of 400 constituencies nationwide, as dictated by the two-ballot election system, despite the constitution having been rewritten to reflect such a change from the previous single-ballot method.
Also, if the House is dissolved when the organic law on political parties has stopped short of promulgation, all legal processes -- including the primaries which political parties have worked to simplify -- of the previous election in 2019 will need to be followed in their entirety in the upcoming election.
The source said the EC may be permitted to publish regulations for arranging an election in place of the two organic laws, but the agency would face an enormous risk of a legal backlash from something going wrong with the polls.