Charter change debate to begin tomorrow

Although no other changes to the charter have been proposed, the change to this article will identify who will draft the new Constitution.

There are three drafts to be considered tomorrow, all proposing a Constitution Drafting Assembly, while the current Constitution says it is for Parliament to consider any changes to the charter.

No other details of change to the main law are proposed at this stage and they will be left for the new CDA to consider independently. Changing to other forms of state system or elimination of the constitutional monarchy is prohibited.

As the opposition Democrat Party sees no need to change the charter at this time, the three drafts include those proposed by the Pheu Thai Party, the Cabinet and the coalition Chart Thai Pattana Party. 

All three drafts propose two types of CDA membership: provincial representatives elected by the people and experts appointed by the Parliament. 

The total number of CDA members is 99, comprising 77 representing each province and 22 appointed by the Parliament.

The proposed qualifications for CDA members are similar. For example, a candidate must be over 35 years old, must not be disqualified to be an MP candidate, and must not be an MP, senator, political-office holder or government official with a position and regular salary.

All three drafts propose the Election Commission hold an election for the CDA members – who will have 180 days to work on the draft – and a national referendum to approve the CDA-produced charter-change draft. The Cabinet, one-third of the total MPs or one-third of the total parliamentarians can propose the new round in the amendment process should the CDA-produced draft be dropped. 

However, there are some differences the parliamentarians will have to consider tomorrow.

The government’s and Pheu Thai’s drafts require a national referendum on the CDA-produced draft. Chart Thai Pattana proposes that Parliament only vote on the draft and the referendum should the draft receive fewer votes than half the number of Parliament members (MPs plus senators).

And while Pheu Thai’s draft for change to Article 291 is very similar to the Cabinet’s, which was proposed by the Justice Ministry, they propose different quotas for appointed CDA members. Pheu Thai proposes seven law experts, seven political-science experts and eight people highly experienced in politics, public administration or charter drafting. The Cabinet proposes six law experts, six political-science experts and 10 people highly experienced in politics, public administration or charter drafting.

Chart Thai Pattana’s proportion of the appointed CDA members is similar to Pheu Thai’s (7-7-8).

The parliamentary process to pass the change to Article 291 will be considered as three readings. To pass this law change, the votes of at least half the total members of Parliament must support it.

There have been charter-amendment drafts submitted by the people, including one by the red shirts. But it takes a long time to verify more than 50,000 signatures as required by the law for such a change, and the politicians who proposed the change to the Constitution want the Article 291 to be amended within this legislative session. As a result, those drafts will not be considered this time.