Nuts and bolts of the referendum

Charter change vote challenge awaits, writes Mongkol Bangprapa

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Thailand is heading towards another national referendum on constitutional change, to coincide with the next general election on Feb 8.

The vote has attracted intense public interest and political debate, partly because it differs significantly from previous referendums and partly because it involves a multistage process mandated by law and court rulings. The referendum requires clear explanation. Below are key questions and answers outlining what is at stake and how the process will work.

Why amend the constitution?

The 2017 constitution was drafted in the aftermath of a military coup and has long been criticised for lacking democratic legitimacy. Critics said it was not written by a parliament directly elected by the people and that public participation in the drafting process was limited. Critics have also said that the constitution grants excessive power to the Senate, including an authority to approve the prime minister.

However, the transitional provisions expired after five years, on May 10, 2024. As a result, senators had no right to take part in the vote that elected Paetongtarn Shinawatra as the 31st prime minister on Aug 16, 2024.

Another argument is the Senate has the power to approve members of independent bodies such as Constitutional Court judges, the Election Commission, the Ombudsman, the National Anti-Corruption Commission, the State Audit Commission and the Auditor General, as well as the National Human Rights Commission.

However, this power has existed under previous constitutions, including those of 2007 and 1997. The current constitution has become contentious because critics believe that a majority of sitting senators have close ties to the ruling Bhumjaithai Party.

Why is a referendum required?