Chusak admits charter rewrite unlikely to be completed under Pheu Thai government

Prime Minister’s Office Minister Chusak Sirinil told the Senate during a live interpellation by Senator Thewarit Maneechai that the government's remaining time in office may not be sufficient to complete the constitutional amendment process. 

With just under two years left in its four-year term, he noted that the proposed revisions to Section 256 and the addition of Chapter 15/1 would require a multi-phase process taking no less than six months, followed by a public referendum, which itself would need an additional 3 to 5 months for public consultation and campaigning.

Once the referendum passes, the process would then proceed to the election of a Constitutional Drafting Assembly (CDA), which is expected to take another six months.

“Given the timeline, it is difficult to see how the process could be completed under this government,” Chusak said. “But if key issues reach consensus and the process moves forward, the CDA can be established and empowered to begin drafting. Even if the new charter isn’t completed during this government’s term, having the CDA in place would still represent meaningful progress—a step forward, even if the process cannot be fully completed.”

Key amendments to Section 256 and the new Chapter 15/1

The proposed amendment to Section 256 focuses on removing the requirement that one-third of the Senate and at least 20% of opposition MPs must vote in favour at the first and third readings. This change would make it procedurally easier for constitutional amendments to pass through Parliament.

Chapter 15/1, meanwhile, would authorise the drafting of a new constitution. It proposes the creation of a 200-member CDA elected directly by the people.

Strict eligibility criteria are outlined: individuals currently serving as MPs, senators, cabinet ministers, or political officials would be barred from standing as CDA candidates. Candidates must also meet the same legal qualifications required for standing as MPs.

The Election Commission (EC) would be tasked with organising the CDA election within 60 days of the law’s enactment and certifying the results within 15 days after polling.

Chusak explained that the Cabinet has not yet proposed its draft constitutional amendment due to ongoing legal uncertainty surrounding the number of referenda required under the 2017 Constitution. The Constitutional Court is currently deliberating the issue and hearing expert testimony.

“Given the ambiguity, I advised the Cabinet not to move forward with submitting its draft amendment,” he said. “If we proceed without clarity and fail, the Cabinet risks political damage.”

Chusak stressed that the government remains committed to amending the 2017 Constitution, acknowledging its flaws, particularly in the balance of power and the undemocratic origin of the Senate. However, he said any progress must wait for the Constitutional Court’s ruling. If the court determines that two rounds of referenda are required, the two pending amendment drafts could proceed.

Still, Chusak voiced concern over the restrictive nature of the current charter, which he said appears intentionally designed to make amendments difficult.

“I believe now that the court has been asked to rule, we should wait for its decision. Otherwise, if we move forward prematurely, we could end up being required to hold three separate referenda—each costing over 3 billion baht. In this current economic climate, that’s no small burden,” he noted.