The Council of State has halted the referendum to cancel the Thailand-Cambodia MOU, pointing out that conducting it after parliament's dissolution is not permitted and risks violating Article 169 of the constitution. The Cabinet has accepted this legal opinion.
On 16 Dec 2025 GMT+7, Mr. Nopadol Pheriruek, spokesperson for the Office of the Council of State, explained the legal issues regarding the referendum to cancel the Memorandum of Understanding (MOU) between Thailand and Cambodia following the Royal Decree dissolving the House of Representatives. He stated that this may contravene the constitution because Article 169(1) prohibits a caretaker government after dissolution from undertaking actions that bind the subsequent Cabinet.
Mr. Nopadol further explained that the Council of State distinguishes two types of referendums: consultative referendums, where the government retains discretion over implementation and thus are not prohibited; and binding referendums, where once a decision is reached, all Cabinets must comply. Reviewing this government's policy statement shows intent for the referendum results to be binding. Therefore, proceeding with the referendum at this time would create binding obligations for the next government, which is constitutionally prohibited.
Mr. Nopadol added that beyond legal concerns, the Special Committee of the Council of State also noted that holding a referendum on the Thailand-Cambodia MOU requires comprehensive disclosure of the benefits and losses involved, as some information could place Thailand at a severe disadvantage.
However, after considering the Council of State's opinion, the Cabinet agreed that holding a referendum while parliament is dissolved would indeed create binding obligations on the next government. Consequently, the Cabinet resolved to suspend the referendum to comply with Article 169(1) of the constitution and to ensure clear understanding among the public.