Double majority backers prevail in referendum wrangle
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Double majority backers prevail in referendum wrangle

Debate far from over, and attempts to amend constitution before 2027 now appear doomed

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The Senate has prevailed in the ongoing debate over the requirements for holding a referendum to amend the Thai constitution.

A vote by a joint House-Senate committee that was set up to resolve differences between the bodies came out in favour of the so-called double majority rule approved by the Senate.

However, more political manoeuvring lies ahead, and the chances of amending the constitution before the current government’s term ends in 2027 are now seen as slim to none.

A double majority is a requirement outlined in the Referendum Act, which specifies two conditions before a referendum result can be considered binding.

First, more than 50% of eligible voters must participate, and second, at least 50% of those who cast votes must approve it.

The House supports a simple majority in which a referendum is adopted if half of those who vote support it, regardless of turnout. Some MPs were promoting a “one and a half majority” as a compromise.

The joint committee on Wednesday voted 13 to 9, with three abstentions, in favour of keeping the rule that was applied in the previous referendum that adopted the present constitution of 2017.

Attention now turns to attempts to amend the Referendum Act. A draft amendment bill with the double-majority rule remaining intact is expected to run into opposition from the House of Representatives, in which case a 180-day mandatory “cooling off period” would apply. The bill would be left untouched for the duration.

The implication is that constitutional amendments are highly unlikely to be finished within the term of the current Pheu Thai-led administration.

Senator Krit Uawong, a spokesman for the joint committee, said the result of Wednesday’s vote would be put to another meeting for endorsement on Dec 4.

On Dec 6, the bill on the Referendum Act will be submitted for consideration.

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