Bangkok: The Constitutional Court has ruled that the Parliament of Thailand holds the authority to initiate amendments to the Constitution, contingent upon conducting a series of three referendums to ensure public consultation. The court’s decision, which passed with a majority of 5 to 2, mandates that while Parliament can express its intention to draft a new constitution, it must first secure public approval through a referendum.

According to Thai News Agency, the ruling clarifies that the drafting process for a new constitution must adhere to the stipulations outlined in Chapter 15 of the 2017 Constitution, which governs the amendment process. This case was initiated after the Speaker of the House of Representatives sought the Constitutional Court’s opinion following a special joint parliamentary session. The session considered a motion by members of Parliament, Mr. Premsak Piayura and Mr. Wisut Chainarun, regarding Parliament’s duties and powers as per Section 210 of the Constitution.

The majority decision, supported by judges Mr. Nakarin Mektrairat, Mr. Udom Sithiwirattham, Mr. Wirun Saengthian, Mr. Jiranit Hawanon, and Mr. Nopadol Theppitak, was opposed by judges Mr. Banjongsak Wongprachan and Mr. Sumet Roykulcharoen. The latter argued that Parliament lacks the authority to initiate a new constitution without a referendum. The court also specified the requirement for three referendums: one to decide on the necessity of a new constitution, a second to determine the drafting methods and essential content, and a third to approve the final draft. The initial two referendums may occur concurrently.

The ruling also highlighted that the panel of judges was reduced to seven due to Mr. Udom Rathamrit’s withdrawal, citing his previous involvement with the Constitution Drafting Committee, and the resignation of Mr. Panya Udchachan upon the expiration of his term.