Pita Limjaroenrat, the leader of Move Forward, has pointed the finger at Article 272 of the Constitution for his unsuccessful attempt to become prime minister.
During a parliamentary vote on July 13, Pita fell short of the majority necessary to win the position of leader.
For “five years from the date of installation of the first National Assembly under this Constitution,” the transitory clause of the charter gives the Senate the authority to choose a prime minister in conjunction with the House of Representatives.
In May 2019, the inaugural session of this Constitution’s Parliament began.
A day after Pita’s attempt failed, Move Forward put out a proposed amendment to Article 272 that would “switch off” the Senate’s ability to participate in the vote for a new PM with elected MPs.
If this authority were removed, candidates for prime minister would just require the backing of the majority of MPs.
What the clause states
According to Article 272, the next prime minister will be chosen by a joint session of Parliament for the first five years of the current Parliament. For the candidate to be elected, “more than half of the total number of existing members of both Houses” must vote for him or her.
In accordance with Article 272, a non-party nominee for prime minister may also be nominated if at least two-thirds of the 750 members of Parliament (or 500 votes) agree with the candidacy.
During a public referendum held in August 2016 when the country was still under junta rule, 61% of voters endorsed the final text of the constitution, which detractors dubbed “undemocratic” and this contentious clause received approval from 58% of voters.
A nearly impossible task
The 2017 Constitution, which was drafted by the junta that took power after the coup, seems to be intentionally tough to modify. Support for an amendment is needed from all parties concerned, including the ruling coalition, the political parties outside of government, and the senators nominated by the junta.
A resolution cannot be submitted unless it has the backing of at least 100 MPs, or one-fifth of the Lower House. The proposed amendment must then receive support from at least 376 members of each House of Parliament in order to pass the first reading. There must be 84 votes, or at least one-third of the 250 senators, in those votes.
The proposed amendment needs a simple majority in both Houses, or at least 376 votes, to pass the second reading.
A majority of both Houses must vote in favor of the measure on the third and final reading, but at least 84 senators and 20% of all lawmakers from political parties without representation in the Cabinet or in the positions of House speaker or deputy speaker must also vote in favor.
Move Forward is said to have only submitted the amendment bill as a “symbolic gesture” because it is unlikely that the party will be able to secure enough legislative support, particularly from senators, to ensure its passage.
Pita received only 13 votes from senators in the vote on the prime minister, significantly less than the 65 votes he needed from parties outside of his coalition of eight. Move Forward required at least 84 votes from the Upper House in order to override the Senate’s authority.
Prior efforts at amendment
Over the past three years, there have been six attempts to change the contentious charter section, but each one was unsuccessful owing to a lack of parliamentary support.
Opposition parties first put out the idea to repeal Article 272 in November 2020. Despite the fact that it had the support of 268 lawmakers, including 56 senators, it was not passed.
A separate bill to alter Article 272 was submitted that same month by the human rights organization iLaw. However, it was defeated despite receiving support from just 212 lawmakers, three of whom were senators.
In June 2021, opposition parties again attempted to strike down the clause in the third amendment. Up to 455 votes were cast in favor of the measure, including 15 from senators. But once more, the Upper House’s backing fell far short of the bare minimum required.
The amendment effort by the combination of the Democratic and Bhumjaithai parties performed marginally better in the same month, garnering 461 votes, but only 21 of those came from the Senate.
A civic organization named Re-Solution made a sixth attempt to change Article 272 in November 2021, supported by a petition signed by more than 150,000 registered voters. Just 206 members of parliament supported it, including just three senators.
In September 2022, a different civic organization under the direction of former election commissioner Somchai Srisutthiyakorn filed the final modification bill. 356 lawmakers, including 23 senators, supported the measure, but that number was far from sufficient for it to become law.
READ MORE: https://bangkokone.news
SOURCE: http://thaipbsworld.com
