Court can field charter queries on organic bills
Questions regarding the constitution arising from two bills on political parties and the Election Commission could be settled in court after the bills are approved by the National Legislative Assembly (NLA).
NLA president Pornpetch Wichitcholchai said the Constitutional Court could be asked to check on any matters arising should legislators make changes to the bills before they are passed.
At least one-tenths of NLA members or the prime minister may petition the court to examine any queries about the constitution stemming from the organic bills. However, the petition must be filed within five days of the bills having passed the NLA, providing a brief “window of opportunity” to settle the issue.
A provisional clause in the charter says if the NLA alters the bills in a way that might contravene the constitution, a joint committee representing the NLA and the agencies relevant to the bills would thrash out the contentious points.
However, t he clause fails to spell out what needs to be done if the committee, after deliberating the bill, gives it the green light with a constitutionality question still lingering — and the NLA goes ahead and approves the bill. Mr Pornpetch noted that even Section 267, which was thought to be the nearest item in the charter to solving a potential constitutionality problem, does not stipulate the court can step in and rule on the issue.
NLA vice-president Surachai Liengboonlertchai said the five-day window was meant to be a waiting period for the NLA members or the prime minister to mull over seeking constitutionality clarification, which is a vital process in a law enactment.
The organic bills on political parties and the EC are likely move past the scrutiny stage and enter the final reading at the NLA early next month. The bills require a majority vote to pass.
The joint committee needs at least twothirds of NLA members’ votes to be set up. Mr Pornpetch said it would be better to deal with any constitutionality dispute before the draft organic bills are enacted than wait until they become law. For instance, a constitutionality check performed after the organic bill on elections is enacted and during the polls would delay elections and the formation of the next government, the source said.
The NLA has until June 16 to finish deliberating the two organic bills or within 60 days of the assembly receiving the drafts from the Constitution Drafting Committee.