The Constitutional Court has ruled 5 to 4 to remove Srettha Thavisin from his position as Prime Minister due to his appointment of a person with a tarnished reputation, as a minister.
This decision establishes a new political standard that could affect Thaksin Shinawatra and present challenges for his potential return to politics.
The court's decision sets a new benchmark for political appointments, emphasising thorough scrutiny before appointing individuals to significant positions, particularly ministers with executive authority.
The court rejected the argument that a lack of legal or political knowledge could excuse such appointments, asserting that even the general public should recognise the inappropriateness of such actions.
Jade Donavanik, a former advisor to the Constitution Drafting Committee, views this ruling as raising the ethical standards for political appointments. It highlights the necessity of high integrity and honesty, setting a precedent for future political and local appointments.
Stithorn Thananithichot of the King Prajadhipok's Institute notes that this ruling will require any future ministerial candidates to meet high ethical standards. However, the criteria for assessing “ethics” may be unclear without proper tools for evaluation.
The ruling’s implications are significant, particularly concerning Thaksin Shinawatra, who plans to re-enter politics in late August, although it is uncertain if he will hold an official legal position or a role beyond constitutional limits.
This may involve using the Constitutional Court's judgement to challenge the “appointing authority” by alleging that they are associating with individuals who have a disreputable reputation, which could undermine public trust and align with ethical standards set in 2018, emphasising integrity and avoidance of conflicts of interest including avoiding associating with individuals who have a criminal background or a disreputable reputation.
Stithorn emphasises that political actions must be carefully considered and legally compliant, reflecting Jade’s view that navigating political positions is increasingly complex, even with a role as an advisor to the Prime Minister.