The Constitution Court will deliver its ruling on the draft charter amendment today in the face of mounting pressure from government lawmakers and red-shirt demonstrators.
Pro-government red shirts gather at the Rajamangala National Stadium in Hua Mak yesterday, on the eve of the Constitution Court’s ruling on the legality of the government-sponsored charter amendment on the Senate’s composition. SEKSAN ROJJANAMETAKUL
A total of 312 MPs and senators who voted to pass the draft amendment, along with House Speaker Somsak Kiatsuranon, on Tuesday came out in force to challenge the court's authority to consider the dispute.
Tens of thousands of red shirts who are camping out at Rajamangala Stadium in Hua Mak for a two-day mass rally are also said to be preparing for a prolonged protest. At 8pm last night, the red shirts estimated they had drawn about 60,000 supporters and at press time many more were still arriving at the stadium.
About 30 MPs and senators, representing the 312 lawmakers, announced they would reject the court's authority to rule on the constitutional amendment on Senate elections, saying the lawmakers have the authority to amend the charter based on Section 291 of the constitution.
"We personally respect the court but we are confident we did no wrong. There are no words under Section 291 or in the constitution allowing the court to scrutinise the lawmakers' charter deliberation process," said Kamphaeng Phet senator Krit Arthitkaew, who represented the group.
House Speaker Somsak said he stood by his claim there was no case for the Constitution Court to rule. He said parliament had exercised its power under Section 291 to amend the charter.
According to Mr Somsak, the charter does not give the court any power to accept petitions for consideration.
The court will rule on whether the draft amendment, which would alter the make-up of the Senate, violates Section 68 of the constitution and whether the amendment process is lawful.
A source at the Constitution Court maintained the court has the authority, under Section 68, to accept petitions dealing with attempts to change the country's system of rule and the state.
The source dismissed claims the verdict will interfere with the monarchy because the draft amendment has already been forwarded for royal endorsement.
According to the source, the draft is being screened by the Privy Council, which is awaiting the court's ruling.
Prime Minister Yingluck Shinawatra submitted the amendment for royal approval on Oct 1. His Majesty the King has 90 days in which to sign it.
"The draft amendment won't be enforced if the court rules it violates the charter, regardless of the section," the source said.
The comment was in response to a warning by Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, who yesterday asked the court not to rule on the matter.
Mr Ukrit, speaking at a seminar on on the charter court's role, warned that the ruling may interfere with royal powers because the draft has already been submitted for royal endorsement and it may trigger violence.
"The court will interfere with royal powers and may have to be responsible for any deaths that may result from a clash," Mr Ukrit said.
Prinya Tevanaruemitrkul, a law lecturer at Thammasat University, said yesterday the rejection of the court's powers by government MPs and senators is irrelevant as the amendment is now pending royal endorsement.
Likening the case to a football match, he said it is impossible for the players to reject the referee's judgement.
Mr Prinya said the question is whether the referee's judgement is just and fair.
A source in the judiciary said the focus of the ruling will be on sections 68 and 291 of the constitution.
If the court rules the amendment violates Section 68 and is therefore tantamount to overthrowing the ruling system, it may order the dissolution of Pheu Thai. If it rules that the amendment allows for acquisition of power through unlawful means, which would also violate Section 68, the amendment would be invalidated.
As for Section 291 concerning procedures for amending the charter and changes to the democratic structure of the state, if the court finds the amendment process was technically wrong, the draft will be nullified.
Critics of the government yesterday slammed Mr Somsak's public rejection of the court's role in the case.
Banjerd Singkaneti, dean of the faculty of law at the National Institute of Development Administration, said the 312 MPs and senators could be considered as violating the constitution and could be impeached.
Prime Minister Yingluck ruled out speculation about a House dissolution and urged all parties to listen to the court verdict with calm. She said government MPs did not reject the court powers entirely, only certain points involving the charter amendment.
Green Politics Group coordinator Suriyasai Katasila said the government was intimidating the court. He said the court has never prohibited parliament from amending the charter, but it cannot allow any amendment that may overthrow the ruling system.
Security has been stepped up around the court, said Pol Maj Gen Adul Narongsak, city police spokesman. Nine companies of police have been deployed there.
Red-shirt supporters gather inside the Rajamangala National Stadium on Tuesday night. (Photo by Pattarapong Chatpattarasill)