BANGKOK — Thailand’s political situation remains turbulent following a cabinet reshuffle that saw Deputy Prime Minister and Interior Minister Phumtham Wechayachai assume the role of acting prime minister. Opposition parties have been pressing him to exercise powers to dissolve parliament amid the ongoing political uncertainty.
The political upheaval stems from Prime Minister Paetongtarn Shinawatra’s suspension by the Constitutional Court, which triggered the cabinet reorganization and intensified calls from opposition lawmakers for parliamentary dissolution.
The situation has raised complex constitutional questions about the extent of an acting prime minister’s authority during this transitional period.
Acting PM Denies Government Instability
When questioned by reporters about the acting prime minister’s power to dissolve parliament, Phumtham stated that no concrete discussions had taken place on the matter. He emphasized his commitment to maintaining governmental operations and firmly denied that recent events demonstrated instability within the administration.
The acting prime minister’s cautious response reflects the delicate constitutional terrain he must navigate while serving in an interim capacity during this period of political transition.
Legal Expert Weighs In on Constitutional Powers
Narinpong Jinaphak, President of the Lawyers Association of Thailand, provided crucial clarification on Thai constitutional law during this time of political transition. His detailed legal analysis, posted on the association’s Facebook page, addressed three key constitutional questions arising from the current situation.
Suspended PM’s Ministerial Role Remains Intact
Regarding whether the suspended prime minister can continue serving as Minister of Culture, Narinpong confirmed this is permissible. He explained that the Constitutional Court’s suspension order represents an interim protective measure under Article 170, paragraph 3, in conjunction with Article 82, paragraph 2 of the Constitution.
Critically, the court has not ruled that the prime minister has ceased to hold ministerial office under the relevant constitutional provisions. Therefore, the suspended prime minister retains qualification for the Culture Ministry position and may continue performing those specific duties.
Acting PM Can Lead Cabinet Swearing-In
The legal expert also clarified that Deputy Prime Minister Suriya Juangroongruangkit, as the most senior minister and current acting prime minister, possesses the authority to lead the new cabinet’s swearing-in ceremony before the king.
Narinpong emphasized that the prime minister’s role in this context is ceremonial – simply leading new ministers to their audience with the king for oath-taking. Since each minister must individually recite the prescribed oath under Section 161 of the Constitution, and previously sworn ministers need not repeat the process, the acting prime minister can legitimately conduct this ceremony.
Parliamentary Dissolution
On the most pressing question of parliamentary dissolution, Narinpong provided definitive clarification. He stressed that dissolving parliament is not within the prime minister’s direct power but remains a royal prerogative, as explicitly stated in Section 103 of the Constitution: “The King has the prerogative to dissolve the House of Representatives.”
The prime minister’s role is limited to advising the king on dissolution or making a formal motion. This advisory function constitutes part of the prime minister’s regular duties rather than an exclusive personal qualification, distinguishing it from powers like appointing or dismissing ministers, which are personal prerogatives of the prime minister.
Crucially, Narinpong noted that while an acting prime minister may advise on or motion for parliamentary dissolution, the Constitution does not obligate the king to follow such advice. Parliamentary dissolution ultimately remains at the monarch’s discretion, who can exercise royal judgment regarding its appropriateness.
This constitutional framework means that even if opposition pressure succeeds in prompting the acting prime minister to request dissolution, the final decision rests entirely with the monarchy, adding another layer of complexity to Thailand’s current political dynamics.
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