Pheu Thai dithers over charter change, leaving People's Party isolated

THURSDAY, DECEMBER 12, 2024

All eyes are on ruling party as Parliament reconvenes today for debate on changing 2017 Constitution

The ruling Pheu Thai Party’s uncertainty over proposed changes to legislation is not limited to MP Prayut Siripanich’s draft amendment to the Defense Ministry Administration Act, which has been criticised as meddling in the military.

Pheu Thai has also flirted with two other proposed changes to Thailand’s political blueprint.

The party’s stance on these three draft laws is seen as an attempt to gauge resistance and test the waters, but opposition from its conservative coalition partners has made Pheu Thai realise the risks of playing with fire.

As Parliament reconvenes today (December 12), Pheu Thai Party will again be testing the waters in a quest to fulfil its hidden political plan.

The issue to watch is the constitutional amendment game.

Two strategies are in play: Scrap and rewrite the junta-drafted 2017 Constitution or amend it article by article. The opposition People's Party is leading the game while Pheu Thai plays the role of sidekick.

Regarding the constitutional amendment push, the People's Party has proposed 17 changes, all of which have been tabled for debate. The hottest debate will be around a proposal to amend criteria that protect the 2017 charter against change. The proposal would cancel Article 256 on the procedure for amending the Constitution, including the requirement for a “supermajority” of MPs and senators.

Critics says scrapping Article 256 would be like “writing a blank cheque” to amend the 2017 Constitution and remove its anticorruption measures.

For the other strategy – scrap and rewrite – People's Party and Pheu Thai MPs are seeking a parliamentary debate on amending Article 256 and adding an article on drafting a new constitution without conducting a public referendum first, as required under the current charter.

The People’s Party has already taken the lead In the hope of expediting this roadmap to a “people’s constitution”, and Pheu Thai is likely to follow. 

House Speaker Wan Muhammad Noor Matha now faces a dilemma over whether to review his resolution, made early this year, not to include this second strategy on the agenda.

Since the Constitutional Court has already declared efforts to amend the lese majeste law (Article 112) illegal, if Wan Muhammad Noor Matha agrees to a debate on scrapping the entire Constitution and its royal prerogatives, he risks being removed from his post for violating the charter.

Therefore, Pheu Thai is waiting for signals from conservatives regarding both strategies for constitutional change. The outcome could see the ruling party retreat from the game, leaving the People's Party as the sole player once again.