Bangkok: Chusak Sirinil, Minister to the Prime Minister’s Office, has confirmed that Bhumtham Wechayachai, acting on behalf of the Prime Minister, holds the authority to submit a request for royal approval and draft a royal decree to dissolve Parliament. This assertion comes amid questions surrounding the constitutional powers of an acting Prime Minister.
According to Thai News Agency, Chusak emphasized that while dissolving the House of Representatives is a prerogative of the King, the Prime Minister can express opinions and propose a draft Royal Decree under Sections 103 and 175 of the Constitution of the Kingdom of Thailand. This power extends to the acting Deputy Prime Minister when the Prime Minister is absent, as there is no constitutional provision limiting this authority.
Chusak addressed the need for constitutional interpretation to be applicable to various situations without creating dead ends. He noted that limitations on the powers of the Prime Minister and ministers, such as those after the dissolution of Parliament or during a no-confidence motion, are clearly stipulated. However, there are no restrictions on the Prime Minister’s power to submit an opinion for a Royal Decree under Section 175.
The constitutional interpretation must allow for solutions in significant situations, such as when the Prime Minister leaves office, and the Deputy Prime Minister needs to act. Chusak cited the historical precedent of Mr. Sanya Dharmasakti, who, in 1973, submitted his opinion to the King to dissolve the National Legislative Assembly, despite there being no tradition of dissolving an appointed House of Representatives.
Chusak concluded that the power to propose a Royal Decree is not exclusive to the Prime Minister. The acting Deputy Prime Minister has the authority to submit a draft Royal Decree to the King, whose decisions are final and cannot be reviewed by the Constitutional Court or any other body. This interpretation aligns with the tradition of Thailand’s democratic governance with the King as Head of State.