Bangkok: Committees from the Senate and House of Representatives discussed the matter with judges, seeking clarification on the Constitutional Drafting Assembly's ruling. The meeting aimed to conclude on the guidelines for electing members of the Constitutional Drafting Assembly (CDA), determining that while direct election by the people is possible, the Constitutional Drafting Committee itself cannot be directly elected by the public.
According to Thai News Agency, the Senate Committee on Political Development, Public Participation, Human Rights, Rights, Freedoms, and Consumer Protection, led by Chairman Noraset Prachyakorn, and the House of Representatives Committee on Judicial Affairs, Independent Organizations, the Public Prosecutor's Office, State Enterprises, Public Organizations, and Funds, headed by Chairman Wayo Asavarungruang, met with Constitutional Court judges. The meeting included representatives from political parties such as Opposition Whip Parit Wacharasindhu and Democrat Party list MP Abhisit Vejjajiva to discuss ruling 18/2568 concerning the drafting of a new constitution.
Mr. Noraset stated that the meeting's purpose was to understand the Constitutional Court's ruling which states, "Parliament cannot allow the public to directly elect the drafters of the constitution." This point has been debated since last year's attempts to amend the constitution, with society keen to understand the scope of public participation as approved by the Constitutional Court.
Following discussions, the Constitutional Court justices clarified that elections to select members of the CDA do not contradict the court's ruling. However, the limitation lies in the fact that the Constitutional Drafting Committee should not be directly elected by the people. Instead, a council or organization elected by the public could further select the Constitutional Drafting Committee.
Parit Wacharasindhu, the opposition whip, mentioned that the Constitutional Court's explanation clearly shows that allowing the public to directly elect the Constitution Drafting Committee is not permissible. However, this does not prevent the public from electing the Constitutional Assembly. He emphasized that if the system allows the Constitutional Assembly, elected by the people, to select the Constitution Drafting Committee and approve the draft constitution, it would comply with the court's ruling.
Parit also mentioned that the People's Party might reconsider revising the draft constitutional amendment previously submitted. He reaffirmed his stance that the CDA must be 100% elected by the people, after clarifying that the ruling does not prohibit such a process.
Meanwhile, Mr. Noraset noted that the Senate's draft amendment to the constitution aligns with the approach explained by the Constitutional Court judges. It proposes the establishment of a 200-member "Public Participation Council" elected directly by the people to oversee the constitutional drafting process. Parliament will select the 35-member drafting committee before submitting it for approval by the Public Participation Council.
The judges involved in the discussion included Mr. Nakarin Mektrirat, President of the Constitutional Court, Mr. Udom Sittiviratchatham, and Mr. Sarawut Songsiwilai. Mr. Noraset emphasized that the opinions received were not an official ruling from the panel of judges, but they provided an explanation that helped society and political parties understand the scope.