On January 8, the Pheu Thai Party, led by Wisut Chainarun, Chairman of the Party’s MPs, and Chusak Sirinin, Minister attached to the Prime Minister’s Office, submitted a draft constitutional amendment to the parliamentary secretary-general. The proposal seeks to revise Section 256 of the Constitution and introduce a new chapter outlining procedures for drafting a new constitution. The draft aims to include the proposal in the parliamentary joint session agenda.

Key Highlights of the Proposal:

  1. Revisions to Section 256:
    • Removal of stringent requirements: The draft eliminates the need for approval from at least one-third of Senators and 20% of opposition MPs during the first and third readings of constitutional amendments.
    • Relaxation of referendum conditions: Public referenda would no longer be mandatory for certain amendments, such as those related to qualifications or prohibitions for officeholders, judiciary powers, or independent bodies. However, referenda remain required for changes to Chapters 1 (General Provisions), 2 (The King), and 15 (Constitutional Amendments).
  2. Creation of a New Constitution Drafting Chapter:
    • Establishment of a Constitution Drafting Assembly (CDA):
      The CDA would comprise 200 members directly elected by the public. Individuals barred from running include political officials, MPs, Senators, Ministers, and others subject to the same restrictions as parliamentary candidates.
    • Election and timeline:
      The Election Commission (EC) must conduct CDA elections within 60 days, with results certified within 15 days.
    • Drafting process:
      The CDA would appoint a 47-member drafting committee, consisting of 24 CDA members and 23 experts nominated by Parliament (12), Senators (5), and the Cabinet (6). The drafting process must conclude within 180 days and then be submitted to Parliament for approval within 30 days. Following parliamentary approval, a public referendum would be held.
  3. Provisions for Amendment and Redrafting:
    • Parliament may suggest amendments to the draft, which the CDA must address within 30 days. Any amendment must be supported by at least two-thirds of the CDA members. If rejected, the draft is nullified, and the CDA must produce a new draft within 90 days.
    • Explicit restrictions prohibit changes to Chapters 1 and 2. Violating these provisions would invalidate the draft and result in the dissolution of the CDA.
  4. Accountability and Renewal of the CDA:
    • If the CDA is dissolved due to a prohibited action, MPs and Senators may submit a motion to form a new CDA. Previous CDA members would be barred from serving again.

Rationale for the Amendments:

The proposal argues that the current Constitution, drafted under special circumstances, lacks democratic inclusivity and adaptability to domestic and global changes. It emphasizes the need for a dynamic constitution that reflects public participation and aligns with democratic principles.

Implications:

The amendments aim to reduce the influence of the Senate and ensure public participation in drafting a new constitution. By relaxing stringent requirements and introducing a transparent process, the Pheu Thai Party seeks to foster democratic governance and address long-standing criticisms of the 2017 Constitution.