Court delays may kick in
The “Constitutional Court factor” has not been reflected in the election roadmap and this could further delay the timeline leading up to the general election, originally scheduled for November and now expected in February, the government has said.
If either of the two remaining “organic” laws required to facilitate the poll wind up being forwarded to the court for review, the date is likely to postponed yet again, critics say.
Of the 10 organic laws needed to put parts of the new charter into practice, four relate to the upcoming national election; of those, two have already been approved by the National Legislative Assembly (NLA).
With doubts growing about when people will finally get to hit voting stations to usher in a new period of democracy, Deputy Prime Minister Wissanu Krea-ngam has reportedly received a flood of legal inquiries about the roadmap. Mr Wissanu is widely considered the top legal expert in the recently reshuffled cabinet.
As confusion reigns over the timing of the poll, Gen Prayut’s promise of a November date now seems to have been thrown out of the window.
However, government insiders insist it is not entirely up to the prime minister to decide on a date. The decision rests in the hands of the NLA, the Constitution Drafting Committee (CDC) and the Election Commission (EC), they say.
The NLA and the CDC are among the “five rivers” — pillars of power — that came into being after the May 2014 coup. The others are the National Council for Peace and Order (NCPO), the cabinet and the now-dissolved National Reform Council.
The sources said there are a worrying number of misconceptions regarding the NCPO’s alleged influence over the other “rivers”.
Despite the fact the cabinet is stocked with the regime’s top brass, who have also been granted seats in the NLA, the insiders refuted claims this would enable them to wield unfair influence over key decisions whenever the cabinet votes on issues.
They also brushed aside claims about the supposedly “insidious” coaxing of the CDC by the regime as it attempts to rewrite the constitution in whichever way it sees fit.
The sources said the committee was made up of legal experts and respected individuals from a range of fields who were not bound by servitude to the NCPO.
Critics charge that certain government figures may be seeking to delay the election by capitalising on the fact the two organic laws on the election of MPs and the selection of senators still require approval.
They still have a long road to travel before they can take effect. Critics argue that getting them passed is unduly complicated and
creates windows for abuse by people with influence along the way.
After being scrutinised by the NLA they were sent to the CDC and the EC, which has disputed some of the content in both.
The three parties — NLA, CDC and EC — will meet to mull over the changes, which have been deemed impractical if not unconstitutional.
Politicians were quick to question the constitutionality of the two bills.
Democrat Party deputy leader Nipit Intarasombat said it would not be a surprise if one or both the bills are referred to the Constitutional Court.
Critics say some of the legislative content, especially for the bill on the selection of senators, has been twisted to the point where it no longer aligns with the spirit of the charter. If so, the court would be required to intercede to settle the matter.
Mr Wissanu said the government never really took this into account when drawing up the road map.
Worse yet, no one seems to know how long the court would need to deliberate such a delicate matter.
Mr Nipit said the second bill, on the election of MPs, could be shot down if the CDC were to agree with other panelists that it needs to be rewritten.
That would require it to be sent back the NLA for another vote. Critics say this could serve as its death knell.
The government source said restarting the drafting process for this organic law would have serious consequences for the election and the NCPO, which would come under immense pressure as a result.