‘Unelected PM could rule for 8 years’

CRITICS YESTERDAY pointed out that the Constitutional Court ruling on Wednesday would make it easy for a non-MP to become prime minister for up to eight years after the next general election.

The ruling allows senators, who will be selected, to waive the list of prime ministerial candidates submitted by political parties.

Sukhum Nualsakul, a former rector of Ramkhamhaeng University, said it is obvious that an outsider can rule the country, though he admitted that many might find this acceptable as recent polls have shown most Thais are satisfied with General Prayut Chan-o-cha’s work as premier. 

Meanwhile, former justice minister Chaikasem Nitisiri from the Pheu Thai Party yesterday questioned the ruling, saying it was not in line with the spirit of the August 7 referendum in which most voters had agreed to let senators join MPs in the selection of a PM.

Chaikasem, who served in the previous Pheu Thai-led government, said the additional question in the referendum did not say anything about senators being allowed to waive the list of PM candidates from political parties.

“Judging from its ruling, the court seems to have made this judgement on behalf of those who in fact may not agree with the court,” he said. 

Chaikasem said he believes the court ruling would help a non-MP to become premier for two terms, adding that the two key political parties – namely Pheu Thai and Democrat – were unlikely to agree on a common PM candidate or form a coalition government together. 

So, it is highly likely that the political parties’ list of PM candidates will be waived, he said, adding that political parties with good ties to the military or smaller parties would have a better chance of forming the next government, with support from the selected senators.

Prajak Kongkirati, a political lecturer from Thammasat University, said that empowering the junta-appointed Senate to help select a PM would most likely create a political vacuum.

Prajak reckoned that allowing handpicked senators and elected MPs to jointly waive the list of PM candidates drawn up by political parties would create a dead-end if the two sides disagreed. 

“They are from different sources, so confrontations and pressures can take place, especially if big parties can influence the Parliament,” he explained. 

“When it comes to a dead-end, it is possible that a special measure will be introduced. One should remember that the [interim charter’s] Article 44 will still remain in force, though I think it would be wiser for the junta to adopt measures that are not as absolute,” he added. 

Seri Suwanpanon, chairman of the National Reform Steering Assembly’s political reform committee, however, said that different opinions from the two sides could still be solved through negotiations on the sidelines. 

His view is that the court’s ruling does not alter the essence of the fact that elected MPs still have the power to help select a PM. 

“The court only followed the referendum question more strictly, in that the entire Parliament should join in the process. The ruling is final and must be respected,” he said.

Democrat Party legal team leader Wirat Kanlayasiri said the court’s ruling alone did not increase the possibility for an outsider PM to be put in place. 

“Public approval of the question has already suggested such a possibility,” he said. “Besides, the [500] MPs can jointly vote to object to the Senate’s decision to waive the list if they do not want a premier from an outside source.” 

He also agreed with the court’s ruling that the stipulation should exist for the five-year transitional period. He also said that if the ruling only applies to the first Parliament, as written by the charter drafters, then it would only last for a short time as the Parliament can be dissolved at any time.