Opposition MPs claimed that the failure to recite the full oath may raise questions about the legitimacy of government but in truth, the wind had been taken out of their sails by the decision of the Constitutional Court last week which said that it had no jurisdiction on the matter.

Wednesday was a frustrating day for the Thai opposition in parliament as the prime minister came to the debate on the controversial oath swearing debate and did not utter a word by way of an explanation except to point out that he had not been involved in drafting the terms of the constitution.

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The oath-taking debate fizzled out in parliament on Wednesday despite the opposition mustering attacks. The Deputy Prime Minister Wissanu Krea-ngam put the concise legal position to the assembled MPs while the prime minister except for a few words on the constitution’s origin spoke about budgetary matters.

The PM left it to the deputy prime minister and legal expert Wissanu Krea-ngam to explain the matter.

The short debate on the controversy relates to opposition claims that the prime minister failed to swear the proper oath when the government was sworn in on July 16th last. 

Instead, the prime minister merely pointed out that he did not draft the constitution and then went on to address some budgetary points before observing that Thailand’s economy is improving.

Deputy PM  responded to the opposition

On his behalf and in response to trenchant opposition criticism of the government leader’s apparent failure to recite the last sentence of the oath of office pledging full compliance with the constitution, the deputy prime minister Wissanu Krea-ngam told the opposition benches that the oath given had been acknowledged by the King and was therefore valid. His position was supported by the recent Constitutional Court decision stating that it had no jurisdiction to examine the matter.

Constitutional court verdict had cut the ground from opposition’s arguments last week

The constitutional court’s judgment also undermined the extent to which the opposition portrayed the matter on Wednesday when they questioned if the government led by Prime Minister Prayut Chan Ocha was illegitimate because of the oath-taking failure.

Pheu Thai leader led the attack – said the prime minister’s failure to fully recite the oath damaged the standing of the government

The attack on the government was led by Pheu Thai leader Sompong Amornwiwat who told the debate that the prime minister did not appear to use the draft oath prepared by civil servants for him on July 16th last.

He said that the PM’s actions cast doubt on the legitimacy of the cabinet and subsequent decisions made by the government. Fellow Pheu Thai MP, Anudith Nakornthap, called on the prime minister to resign to take responsibility for his failure to follow the prescribed oath in the 2017 constitution.

In his address to parliament, the prime minister kept to matters related to the government’s budget after his brief comments about the drafting of the constitution. He did not directly addresses the oath issue and his speaking of it on July 16th. In this respect, it was quite an extraordinary situation.

Another boost for the PM

The PM was also bolstered on Wednesday by another victory in the Constitutional Court which ruled that when he was put forward for the position of the prime minister, he was not a state official and therefore his premiership did not infringe the constitution.

Constitutional Court rules that Prayuth’s candidacy for the office prime minister was valid

The Constitutional Court ruled that he was not during his time as the Head of the National Council for Peace and Order or the military junta, employed as a state official.

The court reasoned that the National Council for Peace and Order came about as the result of the seizure of administrative power during the 2014 coup which ended months of street protests in Thailand. 

It, therefore, concluded that prime minister was eligible to be considered as a candidate and appointed by parliament as prime minister. On that basis, there were no valid grounds to void the premiership and government of General Prayuth.

Further reading:

Good news for the PM as oath case thrown out by the Constitutional Court – no jurisdiction

Parliament to debate PM’s oath-taking question which is also referred to the Constitutional Court