Focusing on amending the ‘Referendum Act’, fearing ‘abortion’ before reviving the constitution.

Focusing on amending the ‘Referendum Act’, fearing ‘abortion’ before reviving the constitution.


This Friday, November 24, the committee will consider and study guidelines for holding a referendum to resolve the problem of differing opinions regarding the Constitution of the Kingdom of Thailand B.E. 2017. Mr. Phumtham Wechachai The Deputy Prime Minister and the Minister of Commerce will chair the meeting.

There are important points that must be followed: Regarding correction Act (Act) on Referendum, B.E.2021 The sub-committee listens to public opinions regarding the guidelines for holding a referendum to amend the Constitution of the Kingdom of Thailand 2017. Mr. Nikorn Chamnong As the chairman, he went to hear from many sectors. and saw that it was an obstacle to amending the constitution

Because in addition to being unclear How many times must a referendum be held? There is still the matter of the criteria for holding a referendum still being at a level that politicians consider very ‘rocky’ or have almost no chance of ‘passing’ at all.

The Referendum Act 2021 in Section 13 states that “The vote will be considered a resolution of the matter for which the referendum was held. There must be more than half of the eligible voters who come to vote. and there were more than half of the votes of those who exercised their right to vote on the matter for which the referendum was organized.”

This section provides for two measures. The first is that there must be more than half of the eligible voters. which means If there are not more than half of those eligible to vote, It will crash immediately.

Or if you can pass the first round You have to come and see the second one. Did you get more than half of the votes of those who came out to exercise your right to vote? If it doesn’t arrive, it will crash as well.

which a referendum is different from an election Especially about the ‘motivation’ of the people and meeting difficult criteria. There is a risk of wasting the budget.

Especially if there is a campaign to sleep at home. There is no need to go out and exercise your rights in order to overturn the referendum. It’s even more risky than before.

This is why it gives rise to the idea of ​​breaking barriers by proposing solutions. Referendum Act 2021 first in order to increase the chances of the amendment having a chance of being successful.

by Mr. Parit Watcharasindhu List of MPs and a spokesperson for the Move Forward Party As Chairman of the Political Development Commission mass communication and public participation House of Representatives Proposes two options for solving the issue: Cancel class criteria 1 No need to specify the number of people coming out to exercise their rights more than half. And another way is to write that people came out to exercise their rights and vote in favor of more than 25% or 1 in 4 of all eligible people. To prevent the strategy of staying at home to overturn the referendum.

But there are voices opposing this idea as well. Because the drafters’ purpose was to make it more difficult to amend the constitution. No one wants to fix it, it can be fixed. Therefore, the mechanism was firmly put in place. and must receive approval from the majority of the people in the country

At the same time, the Referendum Act is ‘National reform law’ It must be considered by a joint meeting of Parliament, namely MPs and Senators. It may not be easier to resolve. Previously there was Some senators have already come out to express their opposition.

by Mr. Wanchai Sonsiri senator and the former special committee member considered the draft Referendum Act has come out to object that I see no reason for the necessity of amending the said provisions. Moreover, in considering such issues, careful consideration was given. Because if only 20%-30% of people come out to exercise their rights or vote, it may be considered that the referendum is not liked.

“The criteria for voting rights stipulated in the recently enacted referendum law are In order to create legitimacy for amending the constitution, therefore, if we reduce the said criteria, it may not be beneficial and may affect the result of the referendum being reduced.” A former commissioner who participated in drafting this law stated:

However, the 2021 Referendum Act was not specifically drafted to deal with constitutional matters. But it still has to be used in many other issues. Solving by lowering the criteria Just because it makes it easier to ‘pass’ may affect other matters. In the future

Because the referendum focuses on ‘majority’ If adjusted to less than half It can also be called Is it possible to hold a referendum?

This matter is not easy to see. Because there are still some people in society who do not agree with this constitutional amendment. The government’s move to amend the referendum law to facilitate the successful completion of the constitutional amendment may be strongly opposed. There may be complaints again.

It’s not yet necessary to amend the constitution, but just ‘referendum’ The government is tired.

At the same time, many parties think that the Pheu Thai Party, as well as the coalition parties that want to amend the constitution, may not have thought of it. Or have you planned this as well? So use this method of solving the problem.

Therefore, it is necessary to keep an eye on the committee meetings that are held. Mr. Phumtham As president this Friday, make sure that Which face will come out?

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