The charter amendment bill seeking to change the composition of the Senate will probably end up being quashed by the Constitution Court, a highly-placed Pheu Thai Party source says.
The source believed if the court accepts a petition against the charter change process, it is highly likely to rule against the bill, which passed its second reading on Wednesday night.
The opposition Democrat Party has confirmed it will seek to petition the Constitution Court to rule if the charter change bill violates the constitution.
Senate Speaker Nikom Wairatpanich yesterday insisted parliament will resume on Sept 27 to vote on the third reading.
He said if the court issues an injunction against the third reading of the bill, he will ask parliament president Somsak Kiatsuranont to call an urgent joint session to reassert the right of parliament to proceed.
But the source identified several points that put the bill's progress at risk.
He said both Mr Somsak and Mr Nikom, who chaired the joint MP-senator sessions of the second reading, had denied opposition MPs and senators the right to speak during the recent joint debates.
Under the constitution and parliamentary regulations, their right to debate cannot be denied, the source said.
The source added that deliberation of the bill was flawed from the start when no opposition MPs or senators were given the chance to debate Section 1 of the bill on the first day of its second reading on Aug 20.
The session that day was marred by opposition MPs scuffling with police.
Chief opposition whip Jurin Laksanavisit said yesterday the opposition will not wait until the bill passes its third reading before petitioning the Constitution Court.
The opposition will petition the court next week to rule on the legality of the bill and to suspend its third reading, Mr Jurin said.
He said the opposition will submit the petition under Section 68 of the constitution. The section deals with acts that could undermine the constitutional monarchy or lead to the seizure of power through unconstitutional means.
Mr Jurin claimed the bill would overthrow the democratic system.
He said the bill, which authorises the election of all 200 senators, makes major changes to the state structure, which would affect the balance of power among the legislative, executive and judicial branches and affect independent organisations.
Mr Jurin said the bill has sections which contradict each other and contravene the current charter.
He added that there is also a conflict of interest with the bill, as the legislators who proposed it will benefit as the bill would allow current elected senators to run for consecutive terms, which the current charter prohibits.
The bill would also allow family members of serving MPs to stand for the Senate, Mr Jurin said, adding that efforts had been made to rush the bill through before March so that the current elected senators, whose term will expire on March 2, could run again.
He said the Democrats' petition differs from that of an activist group which the court rejected on Wednesday.
The Network of Volunteer Citizens to Protect the Three Institutions, led by Boworn Yasinthorn, filed its petition and injunction request with the court, claiming the bill could violate sections 68 and 291 of the constitution.
Section 291 prohibits charter amendments, and this would change the structure of the state, the network said.
But the court said the claim that the bill violates Section 68 was groundless.
However, unlike the Democrat Party's move, the activist group submitted its petition before the second reading of the bill, when the chaotic scenes during the joint sessions took place, Mr Jurin said.
