Hopes dim for new constitution before 2027

Lawmakers still haggling over referendum rules, next election will likely be held under 2017 charter

(Bangkok Post File Photo)
(Bangkok Post File Photo)

A new constitution is unlikely to be completed before the government’s term ends in less than three years, meaning it will not be in place by the next general election, says the secretary of the joint House-Senate panel on the charter referendum bill.

Nikorn Chamnong, also chief strategist of the coalition Chartthaipattana Party, said that based on the current timeline, it is not possible to rush the process so that the new charter is ready before April 2027, when the next general election is due, assuming the current MPs stay in office until then.

He also said this does not include the time needed to pass the organic laws essential for holding elections. Consequently, the next polls will be organised under the current charter that was drafted under a coup-installed government and took effect in 2017.

The main hurdle to the charter-rewriting process is the difference in opinion between the House of Representatives and the Senate over the size of the majority needed to pass a referendum on amending the constitution.

The House stands by its position that a simple majority vote is sufficient for it to pass. The Senate insists on a so-called double majority: over 50% of voters must participate in the referendum, and the majority of those who take part must support it. The two chambers have set up a joint committee in an attempt to resolve their differences.

Mr Nikorn said the panel’s next meeting is scheduled for Nov 6 and that it plans to meet every Wednesday. However, there is currently no timeline for when the issue will be resolved because parliament is now in recess until mid-December.

“So [the panel] will spend this period carefully looking into the matter. There is no need to rush because the referendum will not take place as initially planned,” he said.

The government initially planned to hold the referendum alongside nationwide local elections in February next year to save costs. In all, three referendums would need to be held, each estimated to cost 2-3 billion baht.

The first referendum would ask voters whether they agree with writing a new charter. If the majority agrees, the second will ask if Section 256 of the current constitution should be amended to allow for the drafting of a new charter. Once a new constitution has been produced, the government will hold a third referendum, asking voters to decide whether it should be adopted.

On Wednesday, the joint committee selected Pol Maj Gen Chattawat Saengpet, a senator, as its chairman, with a plan to reach a conclusion on the referendum before parliament reconvenes in December.

At the next meeting, the committee will gather opinions from all members and will invite agencies, including the Election Commission, to provide input at the following meeting.

The final meeting, scheduled for early December, will conclude the discussions.

In case the joint committee ends up being unable to reach any agreement, the bill will have to be shelved for 180 days. The House will have the final say on the bill and will be able to have it promulgated.

Nikorn Chamnong, chief strategist of the coalition Chartthaipattana Party, serves as the secretary of the joint House-Senate panel on the charter referendum bill. (Photo: Government House)

Nikorn Chamnong, chief strategist of the coalition Chartthaipattana Party, serves as the secretary of the joint House-Senate panel on the charter referendum bill. (Photo: Government House)