Despite a Constitutional Court ruling prohibiting direct election of a Constituent Assembly and an ad-hoc committee proposal to have the drafting committee be appointed by parliament, a network of civil society groups continues to push for an elected Constituent Assembly.

iLaw reports that the People’s Constitutional Drafting Group, a network of civil society organisations campaigning for a new constitution, filed a petition on Friday (21 November) demanding that members of the drafting body for the new Constitution must be elected.

An ad-hoc committee is currently working on a constitutional amendment bill which would set the framework for how a Constituent Assembly is to be formed. The network calls on the committee to insist on a direct election, noting that if the bill is approved by a referendum the people cannot be denied.

Their petition was received by People’s Party MP Nattawut Buaprathum, chair of the ad-hoc committee. Nattawut said that, although the committee and the civil society both want a new Constitution, it is not possible for a direct election because it has been prohibited by a Constitutional Court ruling. He insisted, however, that constituent power belongs to the people as is clearly stated in the ruling, the committee’s discussion, and the amendment bill itself.

Nattawut said that he will forward the petition to the committee to have it go on record that citizens want a Constituent Assembly election. He said that the committee has agreed that members of the Assembly will be chosen by parliament from among a pool of applicants, and there will also be a public consultation committee. He also noted that the result of the upcoming general election in 2026 will determine who selects members of the Constituent Assembly. Although a direct election is impossible, he said, the committee will try its best for public opinion to be taken into account during the amendment process.

The committee previously proposed that the Constitution be amended by a 35-person drafting committee whose members are chosen by parliament. The model was put forward by MPs from the People’s Party, who proposed that 20 MPs or senators be allowed to select 1 member of the drafting committee from among a pool of applicants. This would assure that no single faction can dominate the committee, said People’s Party MP Parit Wacharasindhu.

Instead of a Drafting Consultation Assembly as originally proposed by the People’s Party, the committee proposed a 35-person public consultation and participation committee.