What do constitutional Chapters 1 and 2 mean before the 8 February 2026 referendum? This important day allows Thai citizens to decide together whether to create a new constitution to replace the 2017 version. The most discussed chapters in this constitutional amendment are Chapters 1 and 2, summarized as follows:
This chapter serves as the "foundation" of the country, defining the form of state and government.
Article 1: Thailand is one indivisible kingdom (principle of a unitary state).
Article 2: Thailand is a democratic regime with the King as Head of State.
Article 3: Sovereign power belongs to the Thai people and the King as Head of State.
Article 4: Protects human dignity, rights, freedoms, and equality.
Article 5: The constitution is the supreme law; no other law may conflict with it.
This chapter sets provisions regarding the institution of the monarchy.
Article 6: The King holds a revered status; no one may violate, accuse, or sue the King in any way.
Other articles cover succession, appointment of Privy Councilors, appointment of the Regent, and the performance of royal duties.
For this referendum, the government (led by Prime Minister Anutin Charnvirakul) and many major political parties have clearly stated that "they will draft a new constitution without touching Chapters 1 and 2."
Supporters argue that to allow the new constitution drafting (by the Constitution Drafting Assembly) to proceed smoothly without social conflict over the monarchy, it should be stipulated that these two chapters cannot be amended.
Opponents worry that the constitution should be amendable in all chapters to achieve the most complete democracy. However, under current law (Article 255), no amendment can change the democratic regime or the form of the state.
Date: 8 February 2026 (same day as the general election of MPs)
Purpose: To ask the public whether they agree to have a new constitution drafted.