Resistance to changes

Resistance to changes

ABOUT POLITICS: One bill serving a dual-ballot election has gone to the charter court for a ruling, and another now treads the same path v Despite him being their man, some in the PPRP see Gen Prayut's suspension as PM working in the party's favour

Now that the organic law on the election of MPs has been put on the back burner pending a constitutionality review, the amendment of another piece of legislation also instrumental in serving a dual-ballot election is going down a similar path.

Somjet: Alarmed by changes

The two amendment bills entered parliament promising to function as indispensable legal apparatuses for the new polling system. No one expected the amendment process would be a breeze.

However, not everyone thought both organic bills would wind up in the lap of the Constitutional Court which has been called upon to examine if their post-amendment contents were constitutional.

The organic bill on the election of MPs was the more fiercely debated of the two with twists and turns and betrayals abound.

This bill was accepted for deliberation by parliament in the first reading on the principle that the list MP calculation would be divided by 100. The bill passed its second of three readings having been vetted to retain the 100 divisor.

However, when the amendment bill was next put to parliament for a vote, the majority of lawmakers supported a division by 500, a system loathed by big parties but was welcomed by small ones which saw it as an easier ticket to capturing seats at the general election.

The 500 divisor would boost the chances of small parties with limited resources and manpower since it would translate into fewer votes needed to get a list seat.

Despite the overwhelming support from parliamentarians, the 500 divisor would never see the light of day. Determined to have the 100 divisor, several MPs from major parties and senators stood their ground in withholding support for the 500 divisor and stayed away from the parliament chamber, apparently to ensure a lack of quorum on the deadline day for passing the bill.

The day ended without the bill being voted on. Procedures dictate that an original amendment bill proposed by the Election Commission, which was not admitted for first reading but backed the 100 divisor, be adopted.

At the end of the day, the major parties had their way although the disenchanted small parties did not take it lying down. The New Palang Dharma Party, the most vocal advocate for the 500 divisor, petitioned the Constitutional Court to interpret the validity of the 100-divisor method.

In the meantime, the other amendment bill with a lesser profile was quietly heading to the Constitutional Court.

The organic bill on political parties had been scrutinised around the same time as the election of MPs bill. However, it drew far less public attention.

However, the second-reading revision of the political parties bill did take many critics aback.

In fact, a large group of senators was left aghast at how the vetting had put the bill in disarray. The bill also runs a serious risk of violating the constitution.

Three crucial issues were pointed out which could drive the organic bill to ruin. Critics claimed that the parliamentary scrutiny committee managed to disparage political parties as an institution by substantially cutting back on the mandatory yearly fee from 200 baht to 20 baht.

The assumption was that the fee should be maintained at 200 baht annually and not cut as members are expected to pay the amount to show they are willing to reach into their wallets to help sustain the party. Paying too small a fee might be construed as being lukewarm in one's commitment toward the party.

The scrutiny committee also modified the organic law on political parties so that individuals who have served time in prison are also eligible to subscribe for party membership. The pre-scrutiny version of the bill excludes those with a criminal record from joining a party.

Last, the amended organic law came under fire for allegedly making the selection of a party's candidates to be fielded in elections -- the process of primaries -- off-limits to party members.

The bill was originally designed so that primaries are accessible to party members in keeping with the participatory approach in democratising a political party.

By dropping the participation requirement in the bill, members are reduced to "ornamental" decorations of a party and deprived of a say in one of its most crucial functions, according to critics.

Alarmed by the changes to the bill, 77 senators led by Gen Somjet Boonthanom signed a petition on Aug 21 requesting a Constitutional Court ruling on whether the organic bill on political parties remained constitutional.

The group was exploiting a privilege open to it where parliamentary meeting regulations permit a three-day cooling-off period during which lawmakers can decide whether to seek a constitutionality ruling on an organic law.

A blessing in disguise

Gen Prayut Chan-o-cha's suspension as prime minister by the Constitutional Court is not exactly a blow to the ruling Palang Pracharath Party (PPRP).

Prawit: Could help party in polls

It might well give the PPRP the break it needs to put its affairs in order and become the competitive party it once was.

On becoming acting PM in Gen Prayut's absence while the Constitutional Court deliberates whether his eight-year maximum term in office has indeed expired, Gen Prawit Wongsuwon has eased himself snugly into the hot seat despite a debate raging over how much power he can actually wield.

Deputy Prime Minister Wissanu Krea-ngam had asserted that Gen Prawit doesn't inherit all prime ministerial powers from Gen Prayut.

But Mr Wissanu made the comment a few days before the cabinet convened for its weekly meeting and issued a resolution entrusting Gen Prawit with full prime ministerial powers including authorising high-level appointments and passing budgetary decisions.

The legal expert said that typically, an acting prime minister was devoid of the powers to oversee senior appointments and make key budgetary decisions and had to consult with the prime minister first.

However, with Gen Prayut out of the picture even for a while, it was deemed impractical for Gen Prawit to consult Gen Prayut who currently cannot conduct his duties as prime minister, according to Wissanu.

The cabinet lost no time on a fresh resolution authorising Gen Prawit to approve appointments and make budget decisions, in addition to other prime ministerial powers including dissolving the House.

The opposition said it believed the government would not play the dissolution card as political circumstances were not "ripe" enough to head to the polls.

Opposition leader Cholnan Srikaew predicted the country would descend into chaos if the government went ahead and held a general election without the two organic bills on the election of MPs and political parties being passed first.

He said the government might be under immense pressure and resort to taking the easy way, which is to invoke an executive decree and promulgate the contents of the organic bill on the election of MPs to stage the polls.

The reason the two organic bills are stalled is that they are to be reviewed by the charter court as to whether they are constitutional.

Mr Wissanu has repeated his disagreement with opting for the decree option, saying it is prone to being tampered with by the cabinet which signs off on executive decree.

A political source said the intention behind an executive decree is for it to be issued fast in case of national emergencies. But to modify a decree for the purpose of holding an election could see many things go quickly wrong, for which the cabinet must be held to account.

Dr Cholnan said the opposition will be keeping a close eye on Gen Prawit and how the government manages the election if and when it is called. The source said the opposition would be like a vulture watching its prey.

On the other hand, Gen Prawit becoming acting prime minister has been met with jubilation from several PPRP politicians.

The source said full prime ministerial powers mean Gen Prawit is in a position to oversee a reshuffle of senior officials and approve appointees who might work in the PPRP's favour in the polls.

Gen Prawit also has at his disposal the power to give the green light to state projects and budgets and initiate a shake-up of officials to give the PPRP an edge in the next election.

Several ruling party politicians held pent-up frustrations with Gen Prayut, who they felt was aloof and appeared disinterested in helping the PPRP and restore its political fortunes.

The PPRP has been rocked by infighting and has lacked the ability to attract defectors from other parties.

The politicians' relations with Gen Prayut had deteriorated to the point where they cast no-confidence votes against the prime minister at the end of the last censure debate in parliament. In the same debate, Gen Prawit was among the top scorers even though he hardly explained or countered accusations levelled against him.

By comparison, Gen Prawit commands respects from across the political spectrum.

The source said that Gen Prawit acting as prime minister could not have come at a better time.

With him holding the reins of both the PPRP and the government, ruling party politicians feel galvanised and more hopeful about the party's prospects at the next election and that their level of competitiveness will return to what it was at the last one in 2019.

Do you like the content of this article?
COMMENT