22 August 2022

Thai court asked to rule if Prime Minister must step down

22 August 2022

Thailand’s Constitutional Court has received a petition from opposition politicians seeking a ruling on whether Prime Minister Prayuth Chan-ocha has reached the legal limit on how long he can remain in office.

The petition, signed by 171 members of the House of Representatives, asks the nine-member court to rule on an article in the constitution limiting prime ministers to eight years in office.

The court is widely expected to announce on Wednesday whether it will rule on the petition.

It is uncertain whether the court, if it accepts the case, would temporarily suspend Mr Prayuth from his duties until it issues a ruling.

At issue is the date that should be used in determining how long he has been in office.

Thai Prime Minister Prayuth Chan-ocha arrives at Government house in Bangkok, Thailand, on Tuesday August 16 2022 (Sakchai Lalit/AP) (AP)

Mr Prayuth, then army commander, seized power in May 2014 after toppling an elected government in a military coup.

He led a ruling junta and was installed as Prime Minister on August 24 2014 under a provisional post-coup constitution.

His critics and several legal experts contend this means he will complete eight years in office on Tuesday.

His supporters say the country’s current constitution, which contains the provision limiting prime ministers to eight years, came into effect on April 6 2017, and that should be used as the starting date.

An even more generous interpretation is that the countdown began on June 9 2019, when Mr Prayuth took office under the new constitution following a 2019 general election.

The move to oust Mr Prayuth has raised political tensions.

Polls show the Prime Minister’s popularity is at a low ebb and his critics have been seeking his exit for more than two years, saying he came to power illegitimately.

He has also been accused of mishandling the economy and botching Thailand’s response to the Covid-19 pandemic.

Mr Prayuth and his coalition government, however, have survived four no-confidence votes since the 2019 election, most recently last month.

Several street protests urging the court to rule against Mr Prayuth have been held in the past few days, and some critics have also suggested he take the initiative in stepping down.

If he is not forced out of office, he must call a new election by March next year, though he has the option of calling one before that.

The eight-year limit was meant to target former prime minister Thaksin Shinawatra, a populist billionaire who was ousted by a 2006 military coup but whose political machine remains powerful.

The army in 2014 also ousted the government of Mr Thaksin’s sister, Yingluck Shinawatra, who was forced from office shortly before the takeover by a controversial court decision.

Thailand’s traditional conservative ruling class, including the military, felt Mr Thaksin’s popularity posed a threat to the country’s monarchy as well as their own influence.

The courts have been stalwart defenders of the established order and ruled consistently against Mr Thaksin and other challengers.

The best videos delivered daily

Watch the stories that matter, right from your inbox