Bill heads to Palace for approval

Suranand Vejjajiva, secretary general to the prime minister, said the Council of State believed that the bill was being legislated in accordance with the Constitution. 

“The bill enactment conforms with the Constitution’s Article 291,” he reiterated, citing the council’s view that the charter amendment was in compliance with the prescribed procedures. 

He said that though the opposition has tried to derail the bill’s enactment, it had no legal justification to do so. 

The opposition has cited Articles 68 and 154 in a move to litigate against the bill, but he said these two provisions had no bearing on Article 291, which was key to the amendment process. He said in 2011, the Constitutional Court had ruled that Article 154 focused on the legislative process for an Act of Parliament and could not be applied to charter change. 

Parliament voted for the final passage of the bill on Saturday, and on the very same day, the House Secretariat forwarded the draft to the government to seek royal approval. 

Prime Minister Yingluck Shinawatra, meanwhile, said she could not be held accountable over the issue even if the judicial review turns out to be unfavourable. “I am the designated office holder to submit and countersign the bill.”

The legislature is responsible for resolving any issues related to the bill, which is not under the purview of the executive branch, she said.

Pheu Thai MP Samart Kaewmechai said the ruling party might activate a criminal investigation against the Constitutional Court, as it could have violated the Penal Code’s Article 157 on abuse of power when it launched a judicial review on the bill. Pheu Thai’s legal team was collecting evidence to charge the court, the Democrat Party and opposition senators for abusing their power and launching unjustified litigation, he added. 

Separately, Democrat Party leader Abhisit Vejjajiva reiterated his call for the government to delay the bill until the judicial review is completed. 

Senator Veeravit Kongsak said the government should file a motion to consult the court on how it should proceed with the royal approval.