The Senate is stalling constitutional amendments by playing with the social current that prioritizes economic issues over political ones.

Although it was just the first meeting of the Parliamentary Committee to consider six draft constitutional amendments before accepting the principles, it was a heated session. Particularly notable was the stance of the senators who want to hold a referendum to gauge public opinion before the parliament considers the first agenda, citing the ruling of the Constitutional Court No. 18-22/2555. The key points of the Constitutional Court's ruling are summarized as follows:

"For Thailand, which is governed by a democratic system with the King as Head of State, it is a country that uses a codified law system adhering to the principle of the supremacy of the Constitution. The Constitution must specify the methods or processes for amending it differently from ordinary laws. The enactment of the 2007 Constitution was a process that underwent a referendum by the sovereign power, which is the people directly. Therefore, the people are the ones who established this Constitution."

"Thus, while the amendment of the Constitution under Section 291 is the power of the parliament, the complete drafting of a new Constitution does not align with the intent of Section 291. Since the current Constitution was established through a referendum by the people, it is appropriate for the people, who have the power to establish the Constitution, to hold a referendum first to determine whether a new Constitution is necessary. Alternatively, the parliament may exercise its power to amend the Constitution on a clause-by-clause basis, which is appropriate and within the parliament's authority to do so, aligning with the intent of Section 291 of the Constitution."

The senators' reference to the Constitutional Court's ruling is not entirely correct or incorrect. Certainly, in principle, a referendum should be conducted to hear the people's voice. The current Constitution of 2017 also recognizes this principle by allowing a referendum after the draft constitutional amendments pass through parliament, aimed at addressing the shortcomings of the 2007 Constitution. Therefore, the senators' maneuvering seems to carry more political implications than academic weight.

If the senators' approach is followed, it would lead to at least two referendums: the first before the parliament accepts the principles and the second after the parliament approves the draft constitutional amendments. Moreover, there could be a third referendum if a constitutional drafting assembly is established and the draft amendments receive approval from both the assembly and the parliament.

Each referendum is estimated to cost around 4 to 5 billion baht, as stated by Prime Minister and Minister of Defense General Prayuth Chan-o-cha. In simple terms, if two referendums are held, the government would need to prepare a budget of 10 billion baht, or it could reach 15 billion baht if there are three referendums.

The figure of over 10 billion baht is likely to face significant public opposition, as many believe this money should be used to address economic issues rather than political ones. The senators seem to understand that by playing this game, the chances of delaying the constitutional amendments increase, thereby solidifying their political status.

It should be noted that the senators' stance on constitutional amendments has drastically changed before and after September 19. Before the protests on September 19, many senators appeared more lenient and accepted the idea of amendments. However, once the protests took a negative turn and did not exert much political pressure, the senators became more aggressive regarding constitutional amendments, leading to their bold proposal for a referendum on the constitutional draft before it reaches parliament.

Thus, the senators' strategy is akin to painting a picture for the public to see that constitutional amendments are not necessary at this time, with the underlying goal of maintaining their power.

SOURCE: www.bangkokbiznews.com