Legal bomb disposer: Pakorn Nilprapunt steps into minefield for government

Pakorn Nilprapunt has resigned as secretary-general of the Council of State, stepping into politics for the daunting task of piloting Anutin Charnvirakul’s new administration through a legal minefield.

Appointed as deputy prime minister for legal affairs by the ruling Bhumjaithai Party, the 57-year-old replaces the distinguished legal scholar Borwornsak Uwanno, who held the same role in the first Anutin government.

Observers say his selection reflects a belief that Pakorn will be more effective in advancing Bhumjaithai’s policy agenda than Borwornsak, who is seen as more independent-minded.

When Borwornsak was approached last year to act as legal czar for Anutin’s short-lived minority government, he reportedly refused to become a party member or handle legal matters concerning Bhumjaithai figures – including the Khao Kradong railway land dispute and allegations of Senate election fraud.

Raising his guard

Likewise, Pakorn made his own position clear before stepping into his new role. In an April 2 interview, the ex-bureaucrat said he had informed PM Anutin of his decision not to wade into politics by joining Bhumjaithai, setting himself apart from other technocrats who have accepted Cabinet positions.

“I asked to remain a political appointee only – not a politician, and with no party affiliation,” Pakorn explained. “My sole commitment is to serve the country’s interests. No orders for me to do this or that. I am still myself.”

When asked about the politically sensitive legal cases linked to the ruling party, Pakorn emphasised that they had already entered the judicial system and so were beyond government control. “For any case already before the court, we must await the verdict,” he added.

During his three decades in the civil service, Pakorn worked closely with two legal gurus whose services were often sought after by past governments – Meechai Ruchuphan and Wissanu Krea-ngam.

Following the 2014 military coup led by General Prayut Chan-o-cha, Pakorn joined a committee under Borwornsak tasked with drafting a new constitution, although its draft was ultimately rejected by the junta-appointed National Reform Council.

A new constitution drafting committee was established under Meechai, who recruited Pakorn as one of its members. The Meechai panel’s draft was later adopted in a national referendum before being promulgated as Thailand’s current constitution in 2017.

Pakorn was appointed to head the Council of State – the government’s legal adviser – in 2020 while Wissanu was serving as deputy prime minister for legal affairs under Prayut’s post-coup government.

Begging to disagree

While Pakorn worked harmoniously under Prayut’s two administrations, he took a more oppositional stance during the subsequent Pheu Thai-led governments of Srettha Thavisin and Paetongtarn Shinawatra.

During Pakorn's tenure, the Council of State heavily scrutinised the merit and legality of flagship Pheu Thai government policies, including the push to legalise casinos, the 10,000-baht digital wallet scheme, and the 500-billion-baht borrowing plan to fund it.

His stance reportedly upset then-PM Srettha, who threatened not to extend his four-year term beyond its expiry in 2024.

Pakorn caused more friction after Paetongtarn was removed by court order and replaced by Pheu Thai acting prime minister, Phumtham Wechayachai, in September last year.

The legal eagle rejected Phumtham’s claim that his caretaker government had the authority to dissolve Parliament, citing the Constitution to declare that only a fully vested prime minister could do so.

Phumtham’s request seeking royal approval to dissolve the House was subsequently turned down by the Privy Council on legal grounds.

Pheu Thai’s failure to trigger an election saw Anutin take the helm as prime minister after the opposition People’s Party decided to vote for him over a Pheu Thai candidate.

A veteran bureaucrat

Born on November 1, 1968, Pakorn holds a bachelor’s degree in law from Thammasat University and a master’s in the same subject from the University of Sydney in Australia.

He began his career as a junior officer at the Council of State.

In 2007, he was promoted to director of the agency’s Foreign Law Bureau. His leadership abilities were further recognised in 2015 when he was appointed deputy secretary-general of the government’s legal advisory body. His rise to the agency’s helm came five years later.

Under General Prayut’s administration, Pakorn served as acting deputy secretary-general of the Cabinet in 2016, and later as acting deputy director of the Prime Minister’s Delivery Unit from 2016 to 2019.

He also served as secretary-general of the Public Sector Development Commission from 2018 to 2020.