Bangkok: Mr. Nikorn Chamnong, former secretary of the joint committee considering the draft Referendum Act, has proposed guidelines for drafting a new people's constitution in Thailand, drawing inspiration from the 1997 Constitution and suggesting a structured timeline for its implementation. As a former advisor to Prime Minister Banharn Silpa-archa, Mr. Nikorn has been actively involved in advocating for the establishment of a new constitution drafting body, elected indirectly by citizens from all provinces and academics from various institutions, with final approval by Parliament.
According to Thai News Agency, the process that Mr. Nikorn champions led to the creation of the Constituent Assembly (CDA) and ultimately to the 1997 People's Constitution, which he regards as the best of its kind, despite its eventual dissolution. Mr. Nikorn believes that Thai politics should revisit this approach in alignment with the current constitution, which does not conflict with Constitutional Court Decision No. 9/2568. The plan includes a referendum on adopting a new constitution, potentially coinciding with the general election anticipated around April 2026.
Mr. Nikorn aims for a constitution shaped by the people that advances beyond the 1997 document, with the goal of reforming Thailand and addressing crises in various sectors. He has outlined a framework and timeline for stakeholders to consider in pushing for the new constitution. This includes a proposal for the Cabinet or a minimum of 100 House of Representatives members from the coalition government to submit a draft constitutional amendment to Parliament, adhering to Section 256 of the Constitution.
Once Parliament approves the draft amendment, a 15-day waiting period is required before the draft is sent to the prime minister for royal endorsement, following meeting regulations. Since the draft amendment pertains to Chapter 15, a referendum is mandated by the law governing referendums. The President of the National Assembly will act in accordance with the Referendum Act, coordinating with the Prime Minister and the Election Commission to announce a referendum date, which must fall between 90 and 120 days from notification.
Should the amended Referendum Act become law, a voting date will be set between 60 and 150 days from the notification date. The President of the National Assembly will submit the draft and a summary to the Prime Minister, who will then forward it to the Election Commission for further action. This government and the current House of Representatives can only advance the process to this stage.
Following Parliament's dissolution, the first and second referendums will determine the approval of the new constitution and the establishment of a Constituent Assembly, akin to the one in 1997. If both referendums pass, the Constituent Assembly will join the new parliament, continuing the process until the new people's constitution is realized.