The Constitution Court on Friday dismissed the petitions filed against
the government's charter amendment bill, which claimed it was unconstitutional
and an attempt to overthrow the constitutional monarchy and democratic
administration.
Seven of the judges on the court
bench agreed the plaintiffs had not provided the proof needed to support their
contention. There was one dissenting opinion. The ninth judge was earlier
excused from the case.
The court also ruled that if the
constitution is to be rewritten in its entirety there should be a public
referendum because the 2007 Constitution was endorsed by referendum. Alternatively,
sections of it can be amended.
Today's ruling by the
Constitution Court was in response to petitions filed by five groups of people,
who said the charter amendment bill ,which seeks to amend Section 291 to make
way for the setting up of a constitution drafting committee to write a new
constitution, might contravene Section 68, which is designed to protect the
constitution from being amended in a way to overthrow the country's democratic
administration and constitutional monarchy.
On receiving the petitions, the
court ordered parliament to delay the vote on the third reading of the charter
amendment bill, pending its verdict.
Proponents of the bill argued
that the court did not have the power to accept the petitions for consideration
in the first place, saying that they must be first submitted to the Office of
the Attorney General for consideration.
The court started reading its
decision today at 2.45pm.
The court ruled it is within its
jurisdiction to accept the petitions,
because it is Section 68's intention that petitioners also file their case
with the Constitution Court to protect the constitution.
On the proposed amendment of
Section 291 to set up an assembly to rewrite the entire constitution, the court
ruled that this cannot be done, because the 2007 constitution received the
people's endorsement through a public referendum.
Therefore, a public referendum is
required to decide whether the constitution should be amended in the entirety.
The court suggested the charter
be amended by sections.
On the argument whether the
charter amendment bill could be seen as intended to abolish the country's
democratic administration and the constitutional monarchy, the court ruled that
the proposed amendment to Section 291 to set up a constitution drafting assembly
cannot be taken as having such an intention.
The petitioners merely raised
fears out of concerns for the monarchy, the court said.
Therefore, there as no reason to
further consider whether the proposed change would lead to the dissolution of
the political parties which supported the bill, the court said.
The court also dismissed a
petition submitted by yellow-shirt People's Alliance for Democracy core member
Chamlong Srimuang that it delay the verdict.
Hundreds of police surrounded the
court building in the hours leading up to the decision, amid concern that a
ruling against Prime Minister Yingluck Shinawatra's Pheu Thai Party could rip
open the kingdom's bitter political divisions.
Red-shirt supporters had gathered
at many different spots around the city, including the Pheu Thai Party head
office and the UDD office at Imperial Lat Phrao department store, broke out in
cheers of delight on hearing the verdict.
Senior Democrat members watched
the live broadcast of the verdict from the party headquarters, where the
atmosphere was quiet.
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