Korn revealed the opposition will petition the court to interpret the loan decree on 11-12 May, citing the argument that there is no urgent necessity to borrow and that alternative solutions exist. He exposed Pradorn's admission in parliament that the loan will be split into two parts, 200 billion baht each year, confident this violates Article 172. He stressed that the process must wait until the court's procedures are complete.
At 09:30 on 8 May 2026, at the Democrat Party headquarters, Korn Chatikavanij, party-list MP and deputy leader of the Democrat Party, spoke about the case where the People’s Party and Democrat Party MPs jointly signed to petition the Constitutional Court to interpret whether the government's 400 billion baht loan decree violates Article 172 of the constitution. He stated they are ready to submit the petition to Mr. Sopon Sarum, the Speaker of the House, during 11-12 May. He also coordinated with the Kla Party to join the signatures but is awaiting their decision. He believes once the petition is submitted to the Speaker, it will be sent promptly to the Constitutional Court, which has 2-3 days to respond, ensuring it will be in time before parliament considers the 400 billion baht loan decree next week.
Korn further said regarding the petition submitted to the Constitutional Court, he has reviewed the People’s Party draft and sees detailed concerns about borrowing this money. He noted that the government’s justification for borrowing 400 billion baht is not an unavoidable urgent matter because the crises cited, such as energy and high oil prices, can be addressed by reducing excise taxes on oil and adjusting the oil price calculation formula. Regarding funds for programs like 'Half-Half' or 'Thai Help Thai' starting 1 June, he believes the government has other means, particularly by following the Prime Minister's policy announcement to parliament or the Bhumjaithai Party’s campaign promises, which allow using the 44 billion baht annual budget reallocation law without needing this loan decree. If the interpretation delays using the 'Half-Half Plus' program funds on 1 June, it is the government’s responsibility to manage and resolve.
“Additionally, regarding the 400 billion baht loan, as explained by Pradorn Prissanantakul, Minister attached to the Prime Minister’s Office, to parliament on 7 May, it will be divided into two parts: borrowing 200 billion baht this year and another 200 billion baht in 2027 to support the transition from fossil fuels to clean energy, focusing on solar power. This shows there is no truly unavoidable urgent need, especially since funding for the clean energy transition can be included in the 2027 annual budget bill. The plan to borrow the second tranche in 2027 contradicts the constitution’s requirement that a loan decree be for urgent, unavoidable needs requiring immediate funds to prevent national economic problems. Therefore, postponing half the borrowing to next year shows the loan decree is unnecessary. I do not oppose the government’s projects, although I have not seen details, but I believe they align with the Democrat Party’s policies. However, including the 2027 borrowing in the loan decree shows it is not genuinely urgent as the constitution demands. I am concerned that excessive borrowing could affect financial discipline and the country’s economic security,” Korn said.
When asked if the government must wait for the Constitutional Court’s ruling before parliament considers the loan decree, Korn said that according to the law, if a petition is submitted to the court before parliamentary consideration, the government must wait for the court process to complete within 60 days. However, if the government is confident its actions comply with the constitution, there is no reason to oppose judicial review or the court’s ruling. Asked if the Democrat Party is confident the petition meets the criteria for the court to accept it, Korn said it is clear under Article 172 of the constitution that the government can only issue additional loan decrees if there is a crisis affecting the country’s economic security.
When asked if the government would need to take responsibility if the Constitutional Court rejects the 400 billion baht loan decree, Korn said it is up to the government since there is no legal penalty, but political responsibility would be a serious consideration about how to respond.
He reiterated that Pakorn initiated the loan request, but the Finance Permanent Secretary was unaware. If the decree is rejected, the government must be held accountable.
When further asked whether the government should resign as a form of responsibility, Korn said he did not want to go that far yet. He only wants to prevent the government from crossing financial discipline lines that could impact the country’s economic security and harm citizens in the future. He is concerned about the loan decree’s origin, knowing it initially came from Pakorn Nilprapunt, Deputy Prime Minister responsible for legal affairs, but on the same day, the Finance Permanent Secretary stated he was unaware and saw no necessity for the loan decree, which was issued only three weeks ago. Therefore, one must ask what changed between then and now to make the government rush this loan decree when the Finance Ministry was not the originator. All governments face insufficient funds to do everything they want, which is why laws regulate how much money governments can use and lose to prevent unlimited spending. Without such limits, the country’s fiscal status would be worse today, and the future could truly collapse.
