The Constitutional Court ruled 7 to 2 that the 400 billion baht loan decree intended to address the energy crisis and support the energy transition does not violate the constitution, as challenged by the opposition.
On 9 July 2026, the Constitutional Court convened to consider whether the Royal Decree authorizing the Ministry of Finance to borrow money to address the impacts of the energy crisis and facilitate the country’s energy transition in 2026 complies with Article 172, paragraph one of the constitution. This followed a petition from 133 Members of Parliament—representing no less than one-fifth of the total MPs—who jointly requested the Speaker (the petitioner) to submit the matter to the court for constitutional review under Article 173, paragraph one.
The Constitutional Court unanimously ruled that Section 5, paragraph one of the decree, stating “Loans under this decree shall be used ... (1) to assist the public, farmers, and entrepreneurs affected by the energy crisis,” complies with Article 172, paragraph one of the constitution.
The Constitutional Court’s majority decision (7 to 2) further held that Section 5, paragraph one of the decree, specifically the provision stating
“(2) to promote and support efficient energy use in order to facilitate the transition from fossil fuel dependence to renewable and alternative energy technologies for the government, private sector, communities, and the general public in a timely manner, as well as to develop public skills and innovations related to this matter,” complies with Article 172, paragraph one of the constitution.
The seven majority Constitutional Court judges were Nakarin Mektrairat, Udom Sitthivirattham, Wirul Sangtian, Napadon Thepphitak, Banjongsak Wongprach, Sumeth Roykulcharoen, and Sarawut Songsivilai.
The two dissenting Constitutional Court judges, Jiraniti Havanon and Udom Ratamrit, held that the decree’s Section 5, paragraph one, specifically the provision stating “(2) to promote and support efficient energy use in order to facilitate the transition from fossil fuel dependence to renewable and alternative energy technologies for the government, private sector, communities, and the general public in a timely manner, as well as to develop public skills and innovations related to this matter,” and the annex listing the plan or project “2. Plans or projects aimed at promoting and supporting efficient energy use to facilitate the transition from fossil fuel dependence to renewable and alternative energy technologies for the government, private sector, communities, and the general public in a timely manner, as well as to develop public skills and innovations related to this matter, with a budget of 200 billion baht,” are unconstitutional under Article 172, paragraph one.
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