The government will raise legal challenges to any attempt to cite Section 7 of the charter to appoint a "neutral" prime minister should the Constitutional Court rule that Yingluck Shinawatra has to leave her caretaker prime minister post, key Pheu Thai Party figures say.
Caretaker Labour Minister Chalerm Yubamrung said yesterday even if the charter court rules that Ms Yingluck must leave office over the transfer order she issued against National Security Council chief Thawil Pliensri, one of Ms Yingluck's caretaker deputy prime ministers will continue to act on her behalf until a new government takes office.
He also argued that anyone appointed to be prime minister must be an MP as stipulated by the constitution, and invoking Section 7 to appoint a prime minster is out of the question.
''There will be no power vacuum. This current cabinet will remain in a caretaker role until a new cabinet takes over,'' Mr Chalerm insisted.
The ruling Pheu Thai Party believes Ms Yingluck's fate has already been sealed after the charter court on Wednesday agreed to accept a petition to rule on Ms Yingluck's prime ministerial status in the Thawil case.
In a unanimous 9-0 decision, the court accepted the Thawil case for consideration. The petition was submitted by a group of senators led by Paiboon Nititawan.
The petition contends that Ms Yingluck violated Section 266 (2) and (3) and Section 286 of the constitution when she signed the order transferring Mr Thawil to be a prime ministerial adviser in 2011. It asks the court to rule if she must leave her post as stated in Section 182.
According to the senators' petition, the transfer was not in the public's best interest, but was an attempt to find a position for ex-national police chief Wichean Potephosree so the government could appoint its own man as police chief.
After Pol Gen Wichean replaced Mr Thawil as NSC secretary-general, the national police chief post was filled by Pol Gen Priewpan Damapong, the elder brother of Khunying Potjaman na Pombejra, Thaksin Shinawatra's ex-wife.
Mr Paiboon and his colleagues cited a Supreme Administrative Court ruling to back their request for the ruling on Ms Yingluck's status.
In its ruling, the court said the prime minister's judgement was unlawful and ordered Mr Thawil reinstated. The transfer orders were not in line with government policies announced in parliament.
Ms Yingluck will have 15 days to lodge her defence.
Mr Paiboon said yesterday he believed if the court rules to disqualify Ms Yingluck as prime minister, the entire caretaker cabinet must also take collective responsibility and the whole cabinet's status must be voided.
This would start the process of finding a new prime minister, Mr Paiboon said.
While the House is not yet in place to choose a new prime minister, the Senate will act on its behalf and Section 7 is likely to be invoked to find a new premier, Mr Paiboon said.
Surasit Jiamwijak, former Pheu Thai MP for Chiang Rai, said he believed Ms Yingluck has ''no chance of survival'' given the charter court's previous ruling patterns against the government.
However, if the court rules that Ms Yingluck must quit office, a question could be raised if the court may be breaching the charter itself.
That is because currently Ms Yingluck technically ceased being prime minister when she dissolved the House on Dec 9 and she has only remained in a caretaker role as required by law, Mr Surasit said.
Pheu Thai deputy secretary-general Anuttama Amorwiwat urged the charter court to deliver a fair ruling. She warned that the country would risk further turmoil if the court employs double standards and unfair treatment in the case.
Former Pheu Thai list-MP and UDD co-leader Korkaew Pikulthong also warned of red-shirt opposition in the streets. ''The UDD's position is that it will not accept a coup nor any moves to disqualify the government's status. In those cases, we will come out to rally,'' Mr Korkaew said.
The UDD has promised to mobilise about 500,000 supporters for its major rally planned for tomorrow, amid fears of a confrontation with the anti-government People's Democratic Reform Committee.
The red shirts will be based on Utthayan Road, formerly known as Aksa Road, in western Bangkok for two to three days.
Pheu Thai deputy spokesman Anusorn Iamsa-ard said the party agreed Ms Yingluck and the caretaker cabinet are required by Section 181 of the charter to remain in a caretaker role until a new cabinet is sworn into office.