Controversial article to remain in new charter

This time around, the drafters did not include the party-dissolution penalty in the article, though it will be included in a related organic law instead, Constitution Drafting Committee (CDC) spokesman Udom Rathamarit said. 

A similar article known as Article 68 was included in the 2007 Constitution. It prohibited individuals from exercising the rights and liberties prescribed in the charter to overthrow a democratic government with the King as head of state or acquire power to rule the country by any means that are not in accordance with the modes provided in the charter. 

In 2013, Pheu Thai almost got dissolved for allegedly trying to grab power through unconstitutional means as it proposed to amend the charter on the origins of senators. 

The Constitutional Court ruled that the party should cease as it was violating Article 68, and thereafter the article began to be deemed by many as a prime source of conflict. 

However, the difference between the 2007 article and the one in the new draft is that the new charter stipulates that all cases must be submitted to the prosecutor-general before they are taken to the Constitutional Court within 30 days. The court can then order the cessation of the act. 

The CDC also resolved to create a chapter on “state duties” that the government will have to comply with or face penalties. The punishment, however, will be stipulated in a related organic law, said the spokesman.

“State Duties” is the fifth chapter of the new charter, which Udom said had been adapted from the “Directive Principles of Fundamental State Policies” chapter of the 2007 Constitution. 

The draft charter covers 12 duties that the government must fulfil, including being financially disciplined. Udom explained that this would help stop the government from mindlessly promoting populist policies at the expense of the country’s treasury. 

Apart from that, regarding the fourth chapter of the draft, “Duties of the Thai People”, the spokesman said drafters had agreed to turn the power of exercising electoral rights freely into a duty. 

He elaborated that the term “duty” meant there would be consequences when not fulfilled. For instance, a person could lose the right to run in elections or lose the right to petition for the passing of a law, he said. 

Yesterday was the second day of the CDC’s retreat in Phetchaburi’s Cha-am district. The drafters have finished writing at least 65 articles covering five chapters of the draft, though the press was not allowed to observe the discussion.