Long road ahead for Thailand’s new ‘democratic’ Constitution

However, progress has been slow, and it remains uncertain whether the new Constitution will be completed within this parliamentary term.

Referendum Preparations

In October last year, the Pheu Thai-led government established a committee, chaired by Deputy Prime Minister Phumtham Wechayachai, to study the structure and requirements of a referendum for drafting a new Constitution.

After four months of deliberation, the committee presented its findings to the government.

Progress inched forward in August this year when the House of Representatives passed a Referendum Bill.

Among the various proposals included in the first reading, the government's version sought to establish a “simple majority” rule, where any majority vote would be considered valid.

Senate Opposition

The Senate, however, objected to this approach, advocating instead stricter conditions.

The Upper House proposed that a referendum result should only be binding if more than 50% of eligible voters participated and the majority of those voting approved the measure – a process called “double majority”.

According to law, with both Houses standing firm, the amendment bill was referred to a joint committee composed of 28 members – 14 from each chamber – to negotiate a compromise.

Timeline for the Referendum

If the joint committee cannot reach an agreement, the bill will be delayed for 180 days and could be revisited in April next year.

If the House of Representatives approves the bill by a simple majority when the session resumes in July, it could skip Senate approval and go directly to the King for royal endorsement.

If everything goes as planned, the first referendum might take place in January 2026.

However, the process could take longer. Legal experts are still debating how many referenda will be needed beyond the first one before the new Constitution can be drafted – possibly one or two more.

Challenges Ahead

One major demand is that the new Constitution should be written by a charter-drafting body directly elected by the people.

Setting up this charter-drafting body brings further challenges, as it would require holding another election. Additionally, amending Section 256 of the current Constitution – necessary to establish the drafting assembly – would require three rounds of approval in both the House and Senate.

With so many steps and potential delays, it remains uncertain whether Thailand will have a new Constitution ready before the next general election in 2027, as many hope, or if there is any way to make things happen sooner.