Bangkok: "Nikorn" sees amendment of the constitution, Section 256, as very difficult to pass, confident that there will definitely be an interpretation submission, MPs and Senators are at risk of violating ethics. Mr. Nikorn Chamnong, Director of Chartthaipattana Party and former Secretary of the Committee to Consider and Study the Approach to Hold a Referendum to Solve the Problem of Different Opinions on the Constitution of the Kingdom of Thailand, stated that the parliamentary meeting to amend Section 256 of the Constitution on February 13 is unlikely to succeed. The uncertainty stems from the Constitutional Court's ruling on the number of times to vote in the referendum, which remains a contentious issue.
According to Thai News Agency, a petition has been submitted to the Constitutional Court to rule on the addition of Section 256/1 to draft a new constitution, a move that essentially revokes the current constitution. Consequently, a referendum must be conducted to seek public opinion, resulting in delays in the parliamentary meeting initially tasked with considering the draft amendment to Section 256/1 of the Constitution.
Mr. Nikorn highlighted the persistent issue regarding parliament's ability to deliberate without a prior referendum, which could impact parliamentary votes. He expressed concern that parliamentarians might be deemed guilty for acting contrary to the constitution if they proceed with voting. He is confident that a petition will be filed with the Constitutional Court to address this matter.
The possibility of a proposal for the Constitutional Court to interpret the constitutional amendment was also mentioned by Mr. Nikorn. He acknowledged the potential for such a proposal but questioned who would initiate it. The Senate has no incentive to submit it without a constitutional amendment vote, and parties like Pheu Thai and Prachachon, who proposed the draft, have no reason either. Despite this, Mr. Nikorn believes an unidentified party will submit the proposal due to lingering constitutional amendment issues, which could put voting MPs at ethical risk.
Discussing the draft amendment to Section 256 by the Prachachon Party, Mr. Nikorn declared that the Chartthaipattana Party would not support it. The significant amendment in Section 256 (8) allows changes to Chapters 1 and 2, contradicting coalition principles that avoid these chapters. Additionally, the amendment proposal requires more than half of the votes without needing a third of the Senate's support, a stipulation Mr. Nikorn disagrees with. He emphasized that while laws should not be unamendable, they should also not be easily altered. The political debate over the Constituent Assembly's origin, which is 100% election-based, further complicates the process, leading Mr. Nikorn to conclude that amending the constitution will be challenging.
If the constitutional amendment succeeds, a referendum will be necessary. Mr. Nikorn noted that the draft bill on the referendum is pending consideration, expected by July. Should a referendum occur, the old law requiring a double majority system would be applied, leaving uncertainty about its passage.