Bangkok: "Thanakorn" opposes amending Section 256 to pave the way for drafting a new constitution in its entirety, warning against violating the court ruling 4/2564, emphasizing that sections 1-2 must not be touched, cutting off the power of the Senate and independent organizations, indicating that a referendum must be held first, advising that people think carefully and not rush, risking being charged with Section 157.
According to Thai News Agency, Mr. Thanakorn Wangboonkongchana, former Minister to the Prime Minister's Office and Deputy Leader of the Ruam Thai Sang Chart Party, expressed his opposition to the proposed amendment of Section 256. This proposal was included in the agenda for the joint meeting of the National Assembly on February 13-14, intended to facilitate the drafting of a new constitution by the Constitution Drafting Assembly (CDA). Mr. Thanakorn specifically opposed the draft by the Prachachon Party, which seeks to amend Chapter 1, General Provisions, and Chapter 2, King, along with changes concerning the duties or powers of courts or independent organizations, arguing that these sections are already adequate.
Mr. Thanakorn also objected to the proposal under Section 256(6) to remove the Senate's power to use one-third of the votes to approve constitutional amendments. He argued that this move would undermine the Senate's role in maintaining checks and balances within the parliamentary system. He stressed the importance of adhering to the Constitutional Court's ruling No. 4/2564, which mandates a referendum before amending or drafting a new constitution. He warned that bypassing a referendum could lead to constitutional challenges, as the 2017 constitution had already been approved by the public through a referendum.
He reiterated that while amending the constitution article by article is permissible, Chapters 1 and 2 concerning the monarchy should remain untouched. He cautioned against drafting an entirely new constitution without a referendum, as it poses significant risks for the drafters and members of parliament, who could face charges under Section 157 of the Criminal Code for dereliction of duty or malfeasance. Mr. Thanakorn suggested that such an amendment would struggle to gain parliamentary approval due to these inherent risks.