• 
• 

Published on March 25, 2008

Government whips agreed yesterday to seek an amendment to Article 237 of the Constitution, which the coalition parties say makes it "too easy" to dissolve a political party.

However, many Cabinet members and government MPs want the entire charter to be amended, said deputy government spokesman Natthawut Saikua.

He called for amendments to the entire Constitution, as suggested by Prime Minister Samak Sundaravej on Sunday. He said he would make his proposal at the People Power Party meeting today.

PM's Office Minister Jakrapob Penkair yesterday voiced support for Samak's idea of amending the entire Constitution based on the 1997 charter, which was scrapped after the 2006 coup.

Representatives from all the coalition partners yesterday agreed with the need for changes to the clause in order to give the Election Commission additional options in dealing with electoral fraud cases against political party executives, said Chai Chidchob, the chief government whip.

He pointed to a recent complaint by election commissioner Sumeth Ubanisakorn that the EC had no choice but to refer electoral fraud cases against political party executives to the Constitution Court for possible party dissolution.

Article 237 states that election candidates found to have violated the electoral law will see their voting rights revoked. And if executives of a party are found to be aware of such acts, it shall be deemed that the political party has committed an act with a view to acquiring by illegal means the power to rule the country.

In the case where the Constitution Court has delivered an order dissolving a political party, its leader and other executives will be stripped of their electoral rights for five years.

Chai yesterday said he expected strong opposition to the bid to amend the clause.

Samart Kaewmeechai, secretary to the government whips coordination committee, said yesterday's meeting instructed the coalition whips to draft amendments to Article 237 and submit them to their next meeting next week. If endorsed by the meeting, the agreed draft would be tabled before the House of Representatives, possibly in August. Samart said political parties should not be held responsible for an offence committed by one party executive. The amendment would allow more options for interpretation on whether any electoral fraud in question is an individual offence.

Choosak Sirinin, deputy chief whip, said the amendment was aimed at preventing political parties from being dissolved too easily.

Meanwhile, Justice Minister Sompong Amornwiwat, who is also a People Power executive, yesterday voiced support for organising a public referendum on whether the Constitution should be amended.

In a related development, Democrat Party leader and opposition leader Abhisit Vejjajiva yesterday urged the government to commit to a charter rewrite in the public interest rather than for its survival and self-serving gain.

"The Democrats have no objection if the charter is to be amended but we deem it inappropriate if there is an ulterior motive," Abhisit said.

He said it would set a bad precedent if government leaders could revise the political system based on their personal whim.

In sponsoring the charter amendments, the government should form a special panel to solicit public opinion on how to strengthen existing provisions and rectify flaws in order to improve the overall system, he said, voicing disagreement if the rewrite focuses on eluding punishment for electoral fraud.

The Nation