Ombudsman's warning on constitutionality of charter amendment bill

“The three flaws should be rectified in order to avoid the dispute on the bill’s constitutionality,” ombudsman Sriracha Charoenpanij said on Tuesday, coinciding with the charter debate on the final passage of the bill.

To preempt the first flaw, the draft provison should be revised to designate the prime minister to countersign the royal command on the promulgation of the new charter. The original draft has named the Parliament president for the countersign,

In rectifying the second flaw, the Constitution Court should be designated to launch a judicial review should the question of constitutionality arise in connection with the political system as will be prescribed by the new charter. Under the draft provision, the Parliament president is the designated authority to rule on the issue.

Opponents of the charter rewrite have planned to question the constitutionality of the new charter on suspicion that the ruling Pheu Thai Party has the ulterior motive to change or undermine the democratic rule with the King as head of state.

In regard to the third and final flaw, the draft provision should designate the Parliament president for submitting the referendum-approved charter draft for royal endorsement.

In the original version, the draft spells out  a scenario in which the Parliament will invoke a two-thirds majority to override the King’s veto.