Draft charter changes up for second vote tomorrow

After three months of deliberation, the House special committee scrutinising the drafts has completed its study of amendments to Article 68, on constitutional rights to protect the Constitution; Article 237, on party dissolution and punishment of party executives; and Article 190 on parliamentary approval of ratification of agreements with foreign countries; and to articles involving senatorial elections.

 

The amendments to articles on senatorial elections involve changes from appointing almost half of the 150 total senators, to having all 200 senators elected. The current Constitution allows one province to have one elected senator, with the rest being appointed.

 

The committee also removes a ban on parents, spouses and children of MPs, former MPs and political office holders, former party members, and former local politicians who have been out of their posts for less than five years, from applying as senatorial candidates.

 

Critics view the removal of the restriction as a move to revive the “Spouses Parliament”. Moreover, having all senators elected could be seen as a strategy to give the ruling Pheu Thai Party full control in both houses of Parliament.

 

The committee also decided to strip senators of the power to appoint or remove political office holders and state officials from their posts, until all elected senators have assumed their posts – as appointed senators have been seen as government opponents.

 

The proposed changes to Article 68 would add a clause that clearly empowers the attorney-general to check petitions filed by members of the public alleging unconstitutional activities aimed at taking control of the state administration.

 

The Attorney General is empowered to turn down the petition if he/she decides the activities that are the subject of the petition are not an attempt to bring down or take control of the administration.

 

The attorney-general must seek a Constitutional Court ruling to disband political parties or stop their activities within 30 days if he/she finds grounds to the petition. If the attorney-general fails to act within 30 days, the bill allows members of the public to file the petition directly to the Constitutional Court.

 

The committee also decided to amend Article 237, by removing clauses that prescribe dissolving parties and depriving party leaders and party executives of political rights for five years if they are found to have neglected or participated in violations of the election law or the Election Commission’s announcements and orders.

 

Proposed changes to Article 190 would make it clear in the Constitution which types of treaties need Parliament approval – such as treaties that affect the country’s boundaries and treaties on free trade and investment. The committee also proposed that the Constitutional Court has the authority to rule which treaties need Parliament’s approval. The Cabinet and at least one tenth of parliamentarians would have the right to seek a court ruling, and the court would have 15 days to decide before issuing the ruling.