The Council of State has dashed the Cabinet's hopes to annul the 2000-2001 MOUs, citing their binding effect on future governments, and there is yet no confirmation from Parliament. Meanwhile, the referendum on constitutional amendments awaits the Election Commission's decision on the approach to be taken.
On 16 Dec 2025 GMT+7 at the Government House, Mr. Siriphong Angkasakulkiat, spokesperson for the Prime Minister's Office, announced the results of the Cabinet meeting. He stated that the government approved submitting a referendum question to the public, contingent upon Parliament's opinion directing the government to pose the question to citizens on whether they desire a new constitution. This aligns with the Constitutional Court's ruling to prevent errors. The government considered two approaches: the first proposed by the Cabinet, which noted that this matter was included in the policy statement with clear intent from the House of Representatives and Parliament. There is a legal issue regarding timing, and the government believes its proposed path is one way to unlock the timing issue.
The other option is to propose under Section 9(4), with the government's consent following Parliament's approval, submitted to the Election Commission (EC). Ultimately, the EC will decide. The government expressed a preference for holding the referendum simultaneously with the general election to save budget. The government's position awaits the EC's further opinion. If the EC raises no objections, it is expected that a timeline for announcement in the Royal Gazette will be issued by the end of this year.
Meanwhile, Deputy Prime Minister Mr. Bowornsak Uwanno proposed the cancellation of the 2000 and 2001 MOUs in the referendum. The working group and parliamentary committee's study found that the 2000 MOU remains in effect and might be subject to revision, whereas the 2001 MOU is practically no longer in force. They therefore requested a referendum to annul the 2001 MOU. However, the Council of State opined that these MOUs remain binding on the next government, and since there is no clear intent or confirmation from Parliament, the referendum to cancel the 2000-2001 MOUs cannot proceed.