Charter change explainer: Parliament debates three rival blueprints for Thailand

The Thai Parliament will meet on October 14 and 15 for the first reading of three amendment bills to pave the way for a new Constitution – the latest effort to replace a controversial charter drafted under junta rule.

The three main political parties in the House of Representatives – Pheu Thai, Bhumjaithai and the People’s Party – have submitted separate amendment bills targeting Article 256 in Chapter 15 and adding an extra chapter (15/1) to allow drafting of a new constitution.

This fresh push comes after the opposition People’s Party agreed to back Bhumjaithai’s bid to form a new coalition government in exchange for a public referendum on a new constitution no later than the next election day.

Designed to deter changes

The current charter, written after the 2014 military coup and enacted in April 2017, has no provision that allows for a complete rewrite. Since its inception, the charter has been criticised for containing “undemocratic clauses”, prompting repeated attempts at amendments aimed at paving the way for a new constitution.

However, the current version has formidable defences against amendment, with any change requiring strong support from all sides in Parliament – senators, the ruling coalition, and opposition parties.

To pass the first reading, an amendment bill requires majority backing from both Houses combined, plus support from at least one-third of senators. The same requirements apply in its third and final reading, when the bill also needs approval from at least 20% of opposition MPs.

Constitutional Court rulings have made it even tougher to push through a new charter. In March 2021, the court ruled that public approval is required at two stages – before Parliament arranges drafting, and for the final draft – because the current charter was approved by a public referendum.

Last month, the court mandated three public referendums – the first one to decide whether a new constitution should be drafted, the second to decide on its drafting process and key content, and the third to vote on the final draft. However, the first and second referendums can be held simultaneously.

3 models of drafting panel

On September 10, the court also ruled that the committee tasked with writing a new charter must not be directly elected, preventing the three major political parties from including provisions for popular election of charter writers in their amendment bills.

The bill proposed by the People’s Party calls for a 35-member drafting committee selected by Parliament from a shortlist of 70 people elected by voters. It also requires an elected 100-member “advisory council” tasked with gathering public opinions and relaying them to the drafting committee.

In Pheu Thai’s bill, the Constitution Drafting Assembly (CDA) is composed of 151 people – 100 selected by Parliament from a shortlist of 300 elected candidates, plus 51 nominated by the House of Representatives and the Cabinet.

The bill covers the formation of a 27-member drafting committee – 14 selected from CDA members, plus 13 experts in law and political science.

Bhumjaithai’s bill calls for a CDA composed of 99 members – 77 selected by Parliament from a list of applicants (one from each province) and 22 experts in law, political science, and other relevant fields. The bill empowers the CDA to select members of the drafting committee.

Approving the final draft

Bhumjaithai’s bill also reduces the number of Senate votes required for a proposed amendment to pass – from one-third to one-fifth. The Pheu Thai and People’s Party bills do not address this issue.

The final charter draft will need to pass just one parliamentary vote, according to the Pheu Thai and People’s Party bills. However, Bhumjaithai’s bill requires the three readings reserved for ordinary bills, so that parliamentarians can suggest changes.

To pass under the Pheu Thai and the People’s Party bills, the draft requires a simple majority of the 700 parliamentarians (500 MPs and 200 senators).

Bhumjaithai’s bill, however, retains the current charter’s required threshold of support from senators and opposition MPs in the first and final readings, although this is lowered to one-fifth of senators.

On a sensitive issue

On the sensitive issue of the political system, Bhumjaithai’s bill forbids any changes to the first two chapters of the current charter.

Chapter 1 defines Thailand as “one and indivisible kingdom” under a democratic system with the King as head of state. Chapter 2 outlines the King’s roles and royal prerogatives.

Pheu Thai’s bill also prohibits any changes to the country’s political system and state structure.

The People's Party bill, however, contains no such prohibition but requires that a new constitution contain nine key elements, including the principle that Thailand is a single, indivisible kingdom (form of the state) and a democratic regime with the King as head of state (form of government).

The bill also calls for political institutions grounded in the popular will and subjected to public oversight as well as checks and balances to safeguard democracy. Moreover, the bill seeks to limit state power to prevent government agencies from exercising discretion arbitrarily or obstructing the will of the people.