Charter court: Amendment of Sec 190 unconstitutional


BANGKOK, 8 January 2014 The Constitutional Court has read its verdict on the case concerning Parliament’s approval of the charter amendment bill on Section 190, saying the proceeding was in violation of the Constitution. 

Previously, former Democrat MP Wirat Kallayasiri asked the Constitutional Court to deliberate whether or not the parliamentarians who voted for the bill seeking to revise Section 190 were trying to overturn the country’s administrative system and acquire unconstitutional power. The alleged include House Speaker Somsak Kiatsuranont, Senate Speaker Nikom Wairatpanich and 381 MPs and senators.

After deliberation, Mr Thaweekiat Meenakanit, one of the judges, announced this afternoon that the court found all the defendants guilty as charged. He pointed out that Parliament’s review of the amendment bill was carried out in a hasty manner, with the debate time cut short to facilitate the House majority’s passing of the bill.

Meanwhile, another judge Charan Pakdithanakul stated that Section 190 is an important legislation which obligates Parliament to review international treaties prior to their enactment. It also stipulates that the Cabinet must submit the negotiation frameworks of such treaties to Parliament for approval beforehand.

Therefore, the amendment of this section was considered by the tribunal as an attempt to deprive Parliament of its power and give absolute control to the administrative body, a violation of Section 68. The court’s verdict has resulted in the nullification of the controversial bill.