Bangkok: Chusak met with the Pheu Thai legal team to discuss drafting constitutional amendments. He suggested establishing a committee to involve representatives from all sectors in lieu of the Constituent Assembly. He pointed out that the MOA stipulates that the draft constitution must pass a third reading before the dissolution of Parliament within four months, stating that it is a difficult task requiring dedicated time and nights, neither eating nor sleeping.
According to Thai News Agency, Mr. Chusak Sirinil, Minister to the Prime Minister's Office, representing the Pheu Thai Party's legal team, visited the Pheu Thai Party headquarters to discuss with the party's small legal team the process of drafting a new constitution. Mr. Chusak stated that this matter must be proceeded in accordance with the Constitutional Court's ruling and in accordance with Chapter 15 on additional constitutional amendments. This requires a draft of an amended constitution, which will stipulate the procedures for drafting a new constitution, including how to proceed. It will then be submitted to Parliament for consideration in all three readings. The first and third readings require the approval of one-third of the Senate and 20 percent of the opposition parties. If these criteria are not met, the drafting of a new constitution is over.
Mr. Chusak also stated that the Constitutional Court's ruling prohibits direct election of a Constitution Drafting Assembly (CDA). Previous statements by the Pheu Thai Party suggested indirect approaches to selecting the CDA, such as having Parliament elect the CDA or having Parliament establish a constitutional drafting committee. The Pheu Thai Party's legal team believes that if a CDA is formal, it should be a large committee, perhaps 100-200 members, with a Vice President or Speaker of the House. The Speaker of the House must submit the appointment to His Majesty the King, which may seem cumbersome. However, if Parliament were to establish a committee to draft the constitution, with 47 or 50 members, depending on the agreement, it should include representatives from various sectors to demonstrate that all parties are being considered. These include the deans of law faculties and political science faculties from both public and private universities, as agreed upon, representatives from local administrative organizations, the courts, independent organizations, the Lawyers Council of Thailand, and representatives from various professions, including private organizations, in proportion. And the parliament may appoint committees from its own parliamentary representatives, such as in proportion to the number of political parties in the House and Senate, which in total would be about 47-50 people, which would make the organization compact, which would allow for faster work. However, this is an initial idea of the Pheu Thai Party.
Mr. Chusak further stated that the Constitutional Court's ruling is still tied to the MoA of the Prachachon and Bhumjaithai parties, which stipulates that Parliament must be dissolved within four months of the policy statement to Parliament. This means that by that time, the draft constitution must have been approved by Parliament in all three readings before the dissolution of Parliament. If this is not completed, there will be no place for a referendum. To prevent the constitutional amendment from being voided, all political parties must understand this.
"It must be completed within at least four months. If it's not completed, it's over. At the very least, it must pass the third reading. According to Article 147 of the Constitution, if a draft amendment to the constitution or a bill passes the third reading, it can continue even if Parliament is dissolved," said Mr. Chusak.
Mr. Chusak further stated that the current referendum bill has not yet taken effect and that the Election Commission (EC) must inquire about the readiness of the referendum. He stated that the EC must clarify and make the public understand that, in addition to the general election, the referendum must also be held simultaneously, particularly regarding the two referendum questions. A small legal team will discuss the matter today before bringing the matter to the full party meeting tomorrow (September 16, 2025). He emphasized that the indirect election of a Constituent Assembly (CSA), as desired by the Prachachon and Bhumjaithai parties, is no different from the model proposed by the Pheu Thai Party. He added that the Pheu Thai Party's method would be faster and involve participation from various parties, and he expressed confidence that discussions would be possible later.
Mr. Chusak also emphasized that if the drafting of additional constitutional amendments is to be completed in all three readings within four months, "We don't need to eat or sleep after October. Once the parliamentary session is over, we don't need to go anywhere. Meetings to draft the constitutional amendments require dedicated time, day and night, otherwise we won't make it in time. Members of the media have asked me if I have a headache. I admit it does. The problems aren't simple. When we go to meetings, there are complex issues to consider, such as what the committee and the drafting council will do. We can argue all day and all night," said Mr. Chusak.