Prayut's tenure: two scenarios under which court can rule

Critics have demanded that Prayut, who doubles as defence minister, step down before August 24, the day they insist his eight-year term as stipulated in the Constitution expires.

The opposition filed a petition with the court on Monday, asking for a ruling on Prayut’s tenure.

The court is scheduled to hold its weekly meeting on Wednesday, but it is not known if the judges will take up the petition for consideration on the same day.

Article 158 paragraph 4 of the Constitution states: “The prime minister shall not hold office for more than eight years in total, whether or not consecutively.”

Here are the two scenarios:

Scenario one: Prayut became prime minister on August 27, 2014, under Interim Constitution BE 2557 (2014).

Deputy Prime Minister Wissanu Krea-ngam said this scenario is in line with the petition from opposition MPs and lecturers from 15 universities.

“Under this scenario, Prayut can remain in office only until August 24, 2022,” he said.

Scenario two: Prayut became prime minister on June 9, 2019, under current Constitution BE 2560 (2017).

Lt-General Nanthadet Meksawad, former head of the National Security Centre’s Special Operations Centre, argued that Prayut was appointed as prime minister only on June 9, 2019, after the general election on March 24, 2019.

Article 158 paragraph 1 of the Constitution says: “The King appoints the prime minister and not more than 35 ministers to form the Cabinet, which is responsible for state affairs.”

“Hence, Prayut has served only around three years of his eight-year term,” Nanthadet argued.