The Thai Parliament will deliberate an amendment to Section 256 of the current Constitution on 13-14 February, aiming to ease restrictions and pave the way for drafting a new constitution. However, concerns are raised over whether the process will once again face obstacles.

The ruling Pheu Thai Party and the opposition People’s Party have submitted motions to amend Section 256 of the 2017 Constitution. The motions include adding a new chapter on drafting a new Constitution through the elected Constitutional Drafting Assembly (CDA), according to iLaw.

Section 256 involves the constitutional amendment process, requiring approval in both the first and third readings from no less than one-third of the Senate. At least 67 out of the 199 incumbent senators must vote in favour. Many view this requirement as a major stumbling block in the way of amending the constitution.

The deliberation will focus on the two parties' proposed amendments of Section 256, which differ in detail.

The two parties have reached a consensus that only two referendums need to be held rather than a triple-referendum process, as suggested by a study committee, to ensure that a new constitution will be promulgated before the 2027 general election.

Section 256 also stipulates that after a motion to amend the Constitution passes three readings in Parliament, a referendum shall be held before the draft is passed to the King to be signed into law.

However, according to iLaw, the meaning of Section 256 was called into doubt when Paiboon Nititawan, an MP from the Palang Pracharath Party, and former Senator Somchai Sawangkarn filed a petition with the Constitutional Court to clarify whether Parliament has the authority to amend the Constitution.

In 2021, the Court ruled that Parliament did have the authority provided they held two referendums: one to ask people whether they want a new constitution and a second to approve the new draft upon completion.

Paiboon and Somchai took this to mean that until an initial referendum is held, Parliament has no authority to proceed with the amendment. Their moves have delayed constitutional amendment for years.

The People’s Party and Pheu Thai Party agreed that a referendum is not required before submitting an amendment to Section 256 of the Constitution to establish the CDA. The referendum should be conducted after the voting process is completed.

Meanwhile, some senators, along with the Chart Thai Pattana Party and the Bhumjaithai Party, disagreed, arguing that the upcoming session contradicts the Court’s ruling as they believe the first referendum must be held before the whole process can begin.

It is also expected that those who oppose this motion will gather signatures from 40 MPs and lodge a petition with the Court to determine how many referendums are required. If this happens, the constitutional amendment process could once again face delay.

iLaw reported that the People’s Constitution Drafting Group on Monday (10 February) submitted a letter to the President of the Senate, inviting him and senators to participate in the session on 13-14 February and to vote in favour of the draft amendment to Section 256 of the Constitution, proposed by the Pheu Thai Party and the People's Party.

Previously, the group attempted to campaign for the constitutional amendment and called on parliamentary members, particularly former senators, to approve the amendment, but their efforts were unsuccessful. The upcoming session marks the first joint parliamentary session on constitutional amendment in which the newly appointed Senate will participate

People’s Party vs Pheu Thai Party

While they have agreed on the constitutional amendment's core, the drafts of the People’s Party and ruling party differ slightly.

In the first and third readings, both parties ruled out one-third approval from the Senate. The People’s Party proposed that the amendment should have the approval of two-thirds of the members of the House of Representatives and a total of no less than 350 votes from both houses. In contrast, the ruling party proposed no less than 350 votes in Parliament.

Both parties agree to have elections for the 200 members of the Constitution Drafting Assembly (CDA) from the. The People’s Party proposes electing 100 members from constituencies and 100 from party lists. The Pheu Thai Party propose province-based elections, with the number of members proportionate to the population of each province .

The Constitution Drafting Committee (CDC) is also a crucial part of constitutional amendments. The People’s Party proposes at least 45 CDC members, with two-thirds coming from the CDA and the others selected based on their expertise.

The Pheu Thai Party proposes at least 47 members, with 24 from the CDA, 12 appointed by parties based on the number of their seats, five nominated by the Senate, and six nominated by the Cabinet.

In terms of the content of a new Constitution, the People’s Party proposes that every section can be amended. The Pheu Thai Party prohibits amendments to Chapters One and Two, which cover general provisions and the King.

The Pheu Thai Party proposes that after the new constitution is drafted, the CDA must submit the draft to Parliament for approval within 30 days. If there are any revisions or amendments, the constitution must be returned to the CDA for further consideration on whether to amend it according to Parliament's suggestions or to confirm the original draft.

The People’s Party proposes that the new constitution be presented to Parliament once it is finalised. Parliament would then be required to review and discuss the entire draft, which must be completed within 30 days of receiving the draft without a vote.