Gen Prayut Chan-o-cha shouldn't assume a caretaker prime minister role if the Constitutional Court decides he has reached the eight-year term limit outlined in the charter, according to Deputy Prime Minister Wissanu Krea-ngam.
The court decided to suspend Gen Prayut as prime minister on Aug 24, until it arrives at a decision about his term limit. Currently, Deputy Prime Minister Prawit Wongsuwon is serving as acting prime minister.
If the Constitutional Court rules that Gen Prayut has completed the maximum term of eight years as stipulated in the charter, then his premiership will end, along with all cabinet roles in his administration, Mr Wissanu said, noting the ministers will continue working in a caretaker capacity.
In this case, Gen Prayut could serve as caretaker prime minister, but Mr Wissanu said he shouldn't do so.
Instead, the government's legal expert said, Gen Prawit should continue in his role until a new prime minister is chosen by parliament.
Gen Prayut was installed as prime minister in August 2014 following the coup he led on May 22, 2014.
If the court rules that his tenure began on that date, then Gen Prayut should have left office last month, as the constitution limits a prime minister's tenure to eight years.
However, if the tenure is interpreted by the Constitutional Court as beginning when the present constitution was promulgated in 2017, or when he was appointed prime minister after the 2019 general election, Gen Prayut could stay on and be re-nominated as premier after the next election, expected in the middle of next year at the latest.
When asked if Gen Prawit, as caretaker prime minister, can dissolve the House of Representatives, Mr Wissanu said that in theory Gen Prawit has the authority to do so but in practice it is not likely.
When Gen Suchinda Kraprayoon resigned as prime minister following the Black May popular uprising in 1992, then-deputy prime minister and caretaker prime minister Meechai Ruchupan left the decision on whether or not to dissolve the House to the new prime minister, he said.
Mr Wissanu said he has no idea how long the Constitutional Court will deliberate on Gen Prayut's tenure, as there is no fixed time frame.
Parties and individuals involved in the case have until tomorrow to submit their statements to the court.