Pheu Thai MP Pracha Prasobdee questioned the legality of the Defence Ministry Administration Act, which sanctions the military appointment process. He wanted the committee to sponsor a motion to repeal or amend the act but was unable to overcome counter arguments in favour of the act.
The inconclusive debate prompted committee chairman Viroon Phuensaen to launch the study, seen as a facesaving measure for his fellow Pheu Thai lawmaker.
In his arguments, Pracha said that the act was enacted in the wake of the 2006 coup. He said the passage of the act might not be legal since the votes of support constituted less than a simple majority of the coupappointed lawmakers.
He also argued that the act might have violated the State Administration Act because its provisions denied the prime minister from having a say in the military appointments. As an elected head of government, the prime minister should be allowed to oversee the dispensing of military assignments, he said.
In a rebuttal, assistant judge advocate Maj General Niwat Siriphen said the military detected no flaws in the act and its provisions related to the dispensing of assignments.
The act was enacted with the intent to separate military and political affairs, he said. The drafting of provisions on military appointments began under the initiation of the Thaksin Shinawatra government and was completed under the Surayud Chulanont interim administration, he said.