BANGKOK, Thailand – Mr. Chusak Sirinil, Minister attached to the Prime Minister’s Office, stated that Acting Prime Minister Phumtham Wechayachai has the legal authority to submit a draft royal decree for the dissolution of the House of Representatives. The clarification comes amid ongoing debate over the constitutional limits of an acting prime minister’s powers.
Minister Chusak explained that the Constitution grants the authority to dissolve the House solely to His Majesty the King. The Prime Minister, or Acting Prime Minister, may only propose such a step through a draft royal decree as outlined in Sections 103 and 175.
He urged a practical interpretation of the Constitution, noting that overly rigid readings can lead to political paralysis. While certain sections restrict the powers of a caretaker government or prevent dissolution during a no-confidence motion, none explicitly prohibit an acting prime minister from proposing House dissolution.
Chusak rejected the notion that this authority is a personal power reserved for a prime minister with direct parliamentary support. He emphasized that the absence of precedent should not be used to deny this authority, as past practice does not determine constitutional legality.
He concluded that the final decision rests with the King, but the legal process allows for an acting prime minister to act when necessary. (NNT)
