It seems there will be new conditions from the Senate to create the game – overturn the constitutional amendment process by citing the dreaded impact of 38 clauses on the royal power.
Although the constitutional amendment opened the way to establish the Constituent Assembly (Sen. Ror) in the second agenda, it has already been approved by a joint meeting of the National Assembly on 25 February. There are at least two problems and challenges that may prevent at least two of the new constitutional processes.
First of all, the case where “Paiboon Nititawan“Leadership MPs. Palang Pracharat Party joins hands with senators to vote as a majority vote. Agree to sendThe Constitutional Court ruledThat the constitutional amendment process can set up the MPs to outline the constitution or not Which if the Constitutional Court decides that Can’t do it Constitutional amendment process Will have to start counting 1 new, revise each section
The second is the checkpoint of Sen. Because of the amendment of the Constitution A third or 84 senators must be used to vote through the draft in Agenda 1 and 3. With Agenda 1 and 2 passed, only Agenda 3 remains.
In the past amendments to the 2nd constitution, there is a new constitution from Senators to add content about the duties of Senators from the original draft of the Constitutional Amendment Section 256/13, paragraph 5 stating that “The constitution which results in amendments to Chapter 1 and Chapter 2 of the Constitution of the Kingdom of Thailand is prohibited.”
Which the Sen. saw that the message was only This is not enough to protect the institution, because Category I is just a general matter of state forms, whereas Category 2 is about the King.
But in the 2017 constitution, there are 38 more articles related toRoyal authority Which must remain the same as Category 1 and Section 2
He therefore suggested that apart from category 1 and section 2, SSR should not interfere with the 38 such sections.
For the 38 Section on Royal Powers that the Senate refers to, for example, Chapter 8 on “cabinet”
Section 158 The King appoints the Prime Minister and not more than 35 other Ministers to constitute the Council of Ministers. Having the duties of administering the State affairs according to the principle of mutual responsibility
Section 161 Before taking over The Minister must make an oath of declaration to the King with the following words: “I (Name of the declarer) solemnly declare that I will be loyal to the King. And will perform duties with honesty For the benefit of the country and the people, and to uphold and comply with the Constitution of the Kingdom of Thailand in all respects “
Section 171 The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.
Section 172 In the event that it is for the benefit of the security of the country Public safety Economic stability of the country Or prevent public disasters King May be enacted by the Royal Commission to come into force as an Act
Section 175 The King has the prerogative to issue a Royal Decree which is not contrary to the law.
Section 176 The King has the prerogative to declare and lift the martial law.
Section 177 The King has the prerogative to declare war with the approval of the National Assembly. A resolution of Parliament shall require a vote of not less than two-thirds of the total number of existing members. Of both councils
Section 178 The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organizations.
Section 179 The King has the prerogative to grant a pardon.
Section 180 The King appoints military and civil servants. The position of Permanent Secretary, Director-General and its equivalent, and removed from office. Unless they vacate office due to death, retirement or vacating from government service due to punishment.
By the Senator that these royal powers There should be a provision in the draft constitutional amendment that MPs can modify and not modify.
Somchai Sawangkarn Sen. Said at a parliamentary meeting that the said section 38 It is important to government in a democratic system with the King as Head of State. It is national security, if you say that you can trust MPs, they are not prohibited to amend Chapter 1, Category 2.
“I believe all senators want to see the addition of the message. The reason is because Category 1, Category 2 are not enough, I am not worried that these sections will disappear. Because someone has spoken in the council many times Institute Which I cannot let go Can’t let go Because if I let go of the 38 section of the disorder, of course, this does not have to be said in the social world that is abusing the institution. That there will be a category over there Will reduce royal powers We know that there is a political incident like this “
Seree Suwanphanon SatwaSaid we do not trust to empower The MPs can write the constitution on all matters. When the council gives power MPs to write the constitution Would have the power to set the scope of the constitution of the Senate as well
Signs against the Constitutional Amendment with 38 clauses were indicated at a joint meeting of the National Assembly on Feb. 25, when the Senate insisted on adding a message to the draft constitutional amendment 256/13 paragraph 5.
Even tense situations Government Whip President Wirach Rattanaset, MP, name list People’s Power Party As the chairman of the commission Propose a 15 minute break before voting is resumed. Agree to make an amendment by the Commissioner, a majority 349 to 200 abstention 28, but no additional statements requested by the Senate.
Therefore, we have to keep an eye on the vote in Agenda 3, which requires one third or 84 votes to draft a constitutional amendment. To pass the meeting, Raspa and Section 38 may be an excuse that Senators will pick up the game on the board to overturn the constitutional amendment that the opposition wants to make a whole new version through the Senate.
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