Govt realises it needs top court on side
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The government appears to be moving in the right direction to defuse the tension over charter change.
Despite the battle cry of the red shirts, coalition whips are working to pacify the opposition rather than flex their majority might to inflame the situation.
Chief coalition whip Udomdej Ratanasatien has confirmed Parliament will not vote today on final passage of the charter change bill.
In a related development, House Speaker Somsak Kiatsuranont earlier shelved debate on the reconciliation bill due to the strong opposition to granting amnesty for ousted prime minister Thaksin Shinawatra.
This means the opposing camps will have time to cool down before the next parliamentary session.
The conflict is, however, far from over. The upcoming House recess is a welcome respite from fractious politics. Unless the anti- and pro-government camps can work out a compromise, political volatility will not dissipate.
Between the two contentious issues, changing the charter is more of a risk for triggering political strife than amnesty for Thaksin.
The reconciliation bill, sponsored by Matubhum Party leader Sonthi Boonyaratglin, is one of several options designed to rescue Thaksin. Serious debate on the fate of the ousted prime minister is expected to take place in conjunction with the charter drafting process.
Many see the Sonthi-sponsored bill as a decoy to test the political wind before the actual legislation to absolve Thaksin of his conviction and punishment is unveiled.
To prevent a repeat of political strife, the government is obliged to carefully plot its next move to ensure the drafting of a new charter is acceptable to all sides.
The push to weed out influence from the 2006 coup over the political system is admirable if the advancement of democracy is the actual goal. But doubts remain about an ulterior motive to manipulate the political system to get revenge on individuals and agencies seen as opposed to Thaksin.
The coalition whips are spot-on with their assessment that smooth passage of charter change will hinge on the judicial inquiry by the Constitution Court.
The government, legislature and judiciary must work together instead of against one another if the country is to thrive in a democracy.
Change to the Constitution is meant to enshrine a sustainable political system. The key word is “sustainable”, which will not happen if the three powers vested by the people are out of sync with one another before the drafting process commences.
A rush to vote on the bill is futile because the charter rewrite cannot start until the constitutionality issue is settled by the high court.
Government legal strategists have to map out an elaborate plan to defeat the complaints against charter change.
First, the government will have to decide whether to take the lead role in the judicial inquiry or delegate the responsibility to the legislature, particularly the coalition whips.
Second, the rebuttals have to overcome an unresolved issue – why the Parliament president is designated to review the constitutionality of the charter draft in lieu of the high court.
Although the coalition agreed, during the vetting process, to instruct the Constitution Drafting Assembly not to change the provisions on the monarchy, it insisted on bypassing the high court should a dispute on constitutionality arise before the referendum vote.
This has fuelled suspicion about a hidden agenda.
The judicial inquiry is tentatively scheduled to commence early next month and be completed within a month. If the opposing sides rely on reason, an amicable settlement on charter change should emerge soon.
