Prime Minister Prayut Chan-o-cha cannot invoke sweeping powers under Section 44 to hold a referendum on the draft constitution, National Legislative Assembly (NLA) president Pornpetch Wichitcholchai says.
A process to amend the interim constitution to allow a referendum must involve a joint initiative by the cabinet, the National Council for Peace and Order (NCPO) and the NLA, not the prime minister alone, Mr Pornpetch said yesterday.
His comments cleared doubts over who has the power to call a referendum.
Constitution Drafting Committee (CDC) chairman Borwornsak Uwanno said on Wednesday that the charter drafters and National Reform Council (NRC) are not authorised to decide if a referendum should be held. The final say rests with the NCPO and the cabinet, he said.
But on the same day Gen Prayut said it was the CDC and NRC's job to decide.
Mr Pornpetch said Gen Prayut cannot invoke Section 44 to push for a referendum now.
That ability was removed when his status as a sovereign entity holding absolute power following the May 22 coup came to an end when the interim charter came into force, he said.
All bodies created under the interim charter must come under the charter, Mr Pornpetch added.
Section 44 of the interim charter is only a tool for the NCPO to ensure progress on implementing the roadmap set for restoring democracy, he said.
Section 44 authorises the NCPO chief to exercise the powers of the executive, legislative and judicial branches of the government to promote reform and unity, and suppress threats to national security, the royal institution and the economy.
However, the interim charter will need to be amended if a referendum is to be held, he said.
Mr Pornpetch cited Section 46 of the interim charter which opens the way for changes to be made to it.
The section allows the cabinet and the NCPO to jointly propose any necessary amendments and forward the changes to the NLA for endorsement.
Mr Pornpetch said Section 46 is designed as a way around any potential problems arising from the interim charter.
He said that amending the charter must be a collaboration of the cabinet, the NCPO and the NLA.
It was wrong to urge the prime minister to use power under Section 44 to hold a referendum, Mr Pornpetch said.
He also said anyone can raise proposals for a referendum − members of the NRC, the CDC, politicians, the public, the media, but they must offer good reasons, and the final decision rests with the cabinet, the NCPO and the NLA.
Deputy Prime Minister Wissanu Krea-ngarm said yesterday it is up to the NCPO and the cabinet to decide if a referendum for the draft charter is needed.
It would take up to a month to amend the interim charter to allow for a referendum, and another four to five months would be needed to prepare and organise the referendum, he added.
Asked if politicians who oppose certain parts of the draft would be allowed to submit their opinions, Mr Wissanu said it will be up to the CDC whether to accept them or not.
He said the constitution's critics, and other independent organisations could submit their recommendations to the cabinet, NCPO and the NRC, which will screen and forward them to the drafting panel.
He said the cabinet and the NCPO will submit the recommendations on the new charter to the CDC on May 25.
The CDC must finish deliberating recommendations put forward by concerned parties and make any changes by July 23, and submit the final version to the NRC.
The NRC will then vote on the draft on Aug 6. If the NRC approves it, it will forward the draft for royal endorsement by Sept 4.
CDC chairman Borwornsak earlier said if there is a referendum, it will require three months to prepare, which would put off the anticipated elections until at least May next year. If the draft is ready within its stipulated time frame, the general election will take place in late February next year.
Former Pheu Thai MP for Nonthaburi, Udomdej Rattanasathian, said yesterday numerous politicians wanted a referendum to be held on the draft charter.
He said the referendum is necessary as it will allow the public to have their say, adding that the constitution drafters and academics should come forward to explain various aspects of the draft to promote better understanding. Holding a referendum was not a tough task if all involved were keen to do it, Mr Udomdej said.