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Thai Constitutional Court Rules Srettha Thavisin’s Ministerial Status Invalid Over Ethical Reasons

This Week

The Thai Constitutional Court has ruled out Srettha Thavisin as the Thai Prime Minister. 

The ruling, on 14 August, followed a petition from 40 senators questioning Srettha’s appointment of Pichit Chuenban as Minister to the Prime Minister’s Office due to concerns about Pichit’s qualifications and past conduct, including a prior conviction and removal from the legal profession, and whether these issues compromised Settha’s role as Prime Minister.

The court reviewed evidence related to Pichit’s six-month prison sentence for contempt of court and allegations of unethical behavior. According to Sections 160 and 170 of the Constitution, individuals nominated for ministerial roles must meet stringent ethical and legal standards. The Constitutional Court found that Settha, despite being aware of Phichit’s disqualifications, proceeded with the appointment, which contravened constitutional requirements.

The court emphasized that ministerial appointments require adherence to legal and ethical standards, beyond mere personal belief. The Constitution mandates that nominees must demonstrate honesty and integrity, with no record of behavior that seriously violates the law. Phichit’s past actions, including his involvement in a bribery scandal, were deemed incompatible with these requirements.

Srettha’s failure to recognize Phichit’s disqualifications, coupled with his disregard for the legal and ethical norms, led the court to rule that Settha did not possess the necessary qualifications to be Thailand’s Prime Minister as outlined in Article 160 (4) of the Constitution. Consequently, Settha and his entire cabinet were removed from their positions. However, they will continue to serve in an acting-position role until a new cabinet is appointed.

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