Senate and House committees sought clarity from Constitutional Court judges regarding the direct election of members of the Constitution Drafting Assembly (CDA) by the public, before concluding that "it can be done."
On 19 Jun 2026 at the Constitutional Court office, the Senate’s Committee on Political Development, Public Participation, Human Rights, Freedoms, and Consumer Protection, led by Chairman Noraset Prachyakon, together with the Committee on Court Affairs, Independent Organizations, Prosecutor Organizations, State Enterprises, Public Organizations, and Funds of the House of Representatives, led by Chairman Vayo Asawarungroeng, along with representatives from political parties such as Opposition Whip Prit Wacharasindhu and MP Abhisit Vejjajiva of the Democrat Party, met with Constitutional Court judges including Chief Justice Nakarin Mektrairat, Udom Sitthiviratchatham, and Sarawut Songsivilai. They sought clarification on Ruling No. 18/2025 concerning the drafting of a new constitution.
Noraset stated that the meeting aimed to understand the phrase in the ruling stating that "parliament cannot allow the public to directly elect constitution drafters," which has been debated since last year's amendment attempts. Society wants to know the scope of public participation as approved by the court. The judges indicated that holding elections to select CDA members is not contrary to the court's ruling; however, the drafting committee should not be directly elected by the public. Yet, if a parliament or a body elected by the public selects the drafting committee as a further step, it is permissible.
“The Senate's constitutional amendment draft aligns with the court's explanation today because it proposes a 'People’s Participation Council' of 200 members directly elected by the public to oversee the drafting process, while the 35-member drafting committee would be selected by parliament and then approved by the People’s Participation Council,” Noraset said. .
Opposition Whip Prit Wacharasindhu said the judges' explanation clarified that the public cannot directly elect the drafting committee, but this does not mean the public cannot elect the CDA members. Therefore, if the CDA, elected by the public, selects the drafting committee and approves the draft constitution, it complies with the ruling. The People’s Party may revisit this issue internally to consider amending their previously submitted draft, maintaining their position that the CDA should be 100% elected by the public after receiving clarification that the ruling does not prohibit such an arrangement.