Pheu Thai retreats on the risky issue of constitutional amendments

The Pheu Thai Party's push to amend the Constitution article by article, launched just a few weeks ago, has been quickly shelved. This followed objections from coalition party leaders, who were concerned that the issue might play into the hands of the "opposition" or "rival factions", particularly the "Prawit Wongsuwan group”.

Pheu Thai was planning to tackle six key issues.

▪︎ Election eligibility: Prohibiting individuals convicted of a crime from running for the lower House if their sentence had not been completed at least 10 years prior to the election.

▪︎ Change the condition from "evident integrity" to "no actions clearly indicating dishonesty". For cases involving behaviour that violates serious ethical standards or fails to adhere to serious ethical standards, it should be clearly amended to state that it must be "a case currently under proceedings in the Supreme Court". Additionally, in cases where there is no sentence of imprisonment, even if the case is not yet final or has a suspended sentence, it should be amended to clarify that "this constitutes a reason for the termination of ministerial status under Article 170".

▪︎ Articles related to honesty and ethics as ministerial qualifications. 

▪︎ Constitutional Court rulings requiring a two-thirds majority of all judges for decisions instead of a simple majority.

▪︎ The authority of the National Anti-Corruption Commission: Proposing that cases involving MPs' unusual wealth be sent to the Supreme Court, with a five-year ban on running for office, but without revoking voting rights.

▪︎ Amending the Constitution to allow the creation of a new constitution.

Before moving forward with the amendments, senior Pheu Thai figures had already consulted with coalition party leaders. The "blue camp leader" was the first to suggest addressing ethical issues, which received unanimous agreement.

However, Pheu Thai’s rapid push to amend six provisions without waiting for a signal from the others soon met with resistance. Within a week, a "special figure" instructed the "blue camp leader" to oppose the planned amendments.

Meanwhile, conservative networks expressed concern over a reported secret deal between Pheu Thai and the People's Party to secure the required votes for the constitutional amendments. This led the blue camp to act to derail the process.

Consequently, key members of Bhumjaithai, the United Thai Nation Party, and the Chart Thai Pattana Party voiced opposition to the ethical amendments.

After the September 24 Cabinet meeting, Prime Minister Paetongtarn Shinawatra met with coalition party leaders for nearly an hour. Following this, Pheu Thai MPs were informed by PM's Office Minister Chusak Sirinil that the plan to amend the Constitution article by article would be abandoned.

The coalition parties cited concerns that "dark forces" might raise conflict of interest under Article 114, which states that MPs and senators represent the Thai people and must act with honesty for the collective benefit of the nation without conflicts of interest.

Back in 2021, the Palang Pracharath Party had once proposed amending Article 144, prohibiting MPs and senators from manipulating budget amendments for personal gains, and Article 185, which prevents MPs from interfering in the transfers of civil servants. Despite intense debate, many viewed these amendments as self-serving.

Parliament voted 334 in favour of the principle (with no support from senators), 199 were against, with 173 abstentions (senators and Bhumjaithai MPs). This set a precedent that any attempt to amend ethical issues could be immediately sent to the Constitutional Court for a ruling on potential conflict of interest.

At this point, Pheu Thai has no choice but to pause its amendments plan and wait to gauge the political winds. Although the Pheu Thai Party is in a leading position, its stubbornness could escalate the situation beyond control if other coalition parties unite firmly.