BANGKOK — The Democrat Party has demanded that the rest of the caretaker Cabinet resign alongside Prime Minister Yingluck Shinawatra and some of her Ministers following a ruling by the Constitutional Court today.

The judges found Ms. Yingluck and nine of her Cabinet members guilty of unlawfully removing the head of the National Security Council (NSC) in 2011, and ordered them to step down from their caretaker positions. 

Ms. Yingluck has been replaced by Deputy Prime Minister and Minister of Commerce Niwatthamrong Boonsongphaisan, a senior Minister in the remaining Cabinet.

But the opposition Democrat party has urged the Cabinet to go further and resign en masse to show "responsibility" for the unlawful transfer of NSC director Thawil Pliensri.

"According to social courtesy, now that the court has removed the Prime Minister, the rest of the Cabinet should also resign to show responsibility for the country and society," senior legal adviser of the Democrat Party Wirat Kalayasiri said.

He added that he has never seen any other caretaker government in the world keep their jobs after their Prime Minister has been removed from the position.

"Look at South Korea. Their leader resigns just because a ship sank," Mr. Wirat said.

Democrat spokesperson Chavanond Intarakomalyasut said at the same press conference that other Ministers who survived the court's verdict should resign before the public demands them to do so.

"Today Ms. Yingluck is facing the same karma experienced by [former PM] Thaksin Shinawatra, but her minions are still bathing in happiness," Mr. Chavanond said. "Even though Ms. Yingluck has no power in the government, I believe other members of the Shinawatra clan still hold important jobs."

He added that the rest of the Cabinet should not "stubbornly" cling to their jobs or try to organise a new election on 20 July, citing concerns that more violent confrontations will break out if the poll goes ahead on that date.

"If they still want to have an election in this situation, I believe the Thai population will decrease by hundreds," Mr. Chavanond warned, referring to potential deaths from political violence.

Anti-government protesters backed by the Democrat Party previously surrounded polling stations and intimidated potential voters in Bangkok and southern provinces in the weeks leading to the general election on 2 February. Gunbattle even broke out between anti- and pro-election demonstrators in northern Bangkok.

The election was later invalidated by the same Constitutional Court in March. 

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BANGKOK — Legal experts are calling the Constitutional Court's decision to oust Prime Minister Yingluck Shinawatra an abuse of judicial power.

In a verdict delivered this afternoon, judges ruled that Ms. Yingluck and some members of her Cabinet unlawfully removed the head of the National Security Council (NSC) in 2011.

For months, supporters of the government have accused the court of collaborating with anti-government protesters in their bid to oust Ms. Yingluck from her caretaker position. 

“I think once again we have a judicial coup in Thailand," political science Professor Paul Chambers told Khaosod English, noting that this is not the first time the court has struck down Prime Ministers allied with Ms. Yingluck's brother and former PM, Thaksin Shinawatra. 

Over the past decade, the same Constitutional Court has ousted three Thaksin-backed PMs, invalidated two elections won by pro-Thaksin parties, and dissolved two parties allied with Mr. Thaksin.

“Thailand has a form of democracy, but there is no real balance or checks," said Professor Chambers, who teaches at Payap University in northern Thailand. "What we have here is juristocracy – the judicial branch is head and heels above the legislative and executive branches of the government, and it’s supported by traditional institutions.”

Professor Chambers said he worries that the Constitutional Court’s decision may further erode people’s faith in the legitimacy of Thailand’s constitutional democracy.

“This constant replay of courts issuing ridiculous verdicts may cause people who have believed in Thailand’s democracy to stop believing in it,” said Professor Chambers. 

Chiang Mai University law lecturer Somchai Preechasilpakul also criticised the court's verdict today, which he said reflects the enormous amount of power, and bias, currently wielded by Thailand's judicial branch.

“The verdict appears to indicate that all Prime Ministers who do not come from the Democrat Party will be eventually removed by the so-called independent agencies,” Mr. Somchai said, citing the court's removal of former PMs Samak Sundhornvej and Somchai Wongsawat.

“This is a big problem that society should be debating: is it really fair and legitimate to give such independent agencies, who have no connection to the people whatsoever, the power to regulate the politicians, who have a connection to a lot of people through elections?”

Independent legal advisor Verapat Pariyawong called today's verdict "a full blown version of judicial coup" reminiscent of the 2008 Constitutional Court decision to remove then Prime Minister Samak Sundhornvej from office because of his appearance on a cooking show.

“It is sad to see essentially the same court repeating essentially the same mistakes today,” Mr. Verapat said.

“The 2008 case was one of the principal reasons that led to the rise of an anti-Thaksin government and the 2010 massacre of Redshirts. One can only hope that the political outcome will be different this time," said Mr. Verapat. "But to be realistic, once the rule of law in the chamber is gone, all that's left is probably violence on the street.”

According to Mr. Verapat, now the important question is whether or not the current government will be able to keep the situation on the streets under control.

“[Yingluck] has the unique ability to filter her brother's hot-headed thinking, but if she is gone, the situation can change very quickly for the worse,” Mr. Verapat said. 

(Reporting by Sally Mairs)

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BANGKOK — The Constitutional Court has removed Prime Minister Yingluck Shinawatra from her caretaker position but allowed her government to stay on until the next election—saving Thailand from the plunge into a political vacuum that many observers feared.

After a nearly-two hour reading today, the court found Ms. Yingluck guilty of unlawfully removing the head of the National Security Council (NSC), Thawil Pliensri, and filling his post with one of her allies in 2011. 

The court declared such action a clear abuse of power and a violation of the 2007 Constitution. 

The judges also ordered nine Cabinet members who were involved in the transfer of Mr. Thawil to vacate their seats as well, including prominent figures such as Deputy PM and Foreign Affairs Minister Surapong Tovichakchaikul, Deputy PM and Financial Minister Kittirat na Ranong, and Labour Minister Chalerm Yoobamrung.

The verdict takes effect immediately.  

Nevertheless, the rest of the Cabinet has been allowed to stay on as a caretaker government until the next election, which is scheduled to take place on 20 July. 

The cabinet later agreed to appoint former commerce minister, Niwattumrong Boonsongpaisan, as the acting PM.

The verdict came as no surprise to many pro-government supporters, who have long accused the Constitutional Court of collaborating with the royalist oppostion and harbouring hostility towards governments allied to former PM Thaksin Shinawatra.

Over the past decade, the same Constitutional Court has ousted three Thaksin-backed PMs, invalidated two elections won by pro-Thaksin parties, and dissolved two parties that have pledged their allegiance to Mr. Thaksin.

Mr. Thaksin, who was ousted by a military coup in 2006, is revered as a champion of the poor by his strong support base in Thailand's rural north and northeast, but is considered a corrupt, anti-monarchy tyrant by a coalition of the establishment and Thailand's mostly royalist, urban middle class. 

Today's court verdict is far from the "worst case scenario" feared by many observers and pro-government activists, which would have involved the removal of Ms. Yingluck and her entire Cabinet, effectively stripping Thailand of a functioning government and creating an unprecedented state of "political vacuum."

Anti-government protesters led by the People's Committee for Absolute Democracy With the King As Head of State (PCAD) have repeatedly said that creating such vacuum is a part of their plan to replace Ms. Yingluck's government with an unelected "People's Council."

Pro-government Redshirts have warned that they will descend on Bangkok for a massive rally if the Constitutional Court ousts Ms. Yingluck and her entire Cabinet, though it is not immediately clear whether the Redshirts will accept today's verdict. 

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