Bangkok: Former Senator Direkrit Jenkrongtham has petitioned the Ombudsman to seek a ruling from the Constitutional Court regarding Parliament’s failure to hold a referendum on whether the public desires constitutional amendments. The petition questions if this oversight constitutes a violation of the Constitution and the Constitutional Court’s previous ruling.

According to Thai News Agency, Mr. Direkrit submitted his petition, emphasizing that the parliamentary process of considering political party constitutional amendment drafts without a public referendum may violate constitutional protocol. He highlighted a similar issue encountered in 2021, when he was a senator, involving a proposal by the Pheu Thai Party that exceeded parliamentary authority by suggesting the addition of Chapter 15/1 for a new constitution draft. This led to a motion by the Senate, under Mr. Somchai Sawaengkarn and Mr. Paiboon Nititawan, to refer the matter to the Constitutional Court. The Court’s ruling No. 4/2021 clarified that drafting a new constitution was beyond Parliament’s authority, necessitating a referendum to question Parliament’s jurisdiction.

Mr. Direkrit argued that the failure to hold a referendum before submitting the drafts for parliamentary consideration violates the Constitutional Court’s ruling. He expressed concern over the ongoing submission of drafts, particularly the People’s Party’s draft, and the establishment of a committee to proceed with amendments. He emphasized the need to halt actions potentially violating the Constitution, noting that if the Constitutional Court rules in favor, the current amendment process should be stopped.

Mr. Direkrit is optimistic about a swift review by the Ombudsman, given the issue’s narrow focus on the absence of a public referendum. He underscored the impact on citizens’ rights and freedoms, stressing that, as individuals cannot directly file complaints with the Constitutional Court, the Ombudsman must forward the matter for adjudication.