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How the next senate should be formed

Thai Rath Editorial : The formation and power of the next senate are still a hot topic of debate among the 35 members of the Constitution Drafting Committee (CDC). There is still no agreement on whether members of the Upper House should be elected or appointed, or whether it should have the power to select and remove members of independent organisations.

A number of CDC members as well as members of the public still have a negative attitude towards the first elected senate, which was highly influenced by ruling politicians. It could not function as a check-and-balance mechanism as intended by the writers of the 1997 constitution, which was abrogated by the Sept 19, 2006 coup.

However, these same people are not in favour of appointed senators, as they will answer to the people who appoint them.

As a compromise, it is suggested that a seven-member selection committee be set up to choose 160 senators.

Seventy-six senators will represent 76 provinces and another 84 will be chosen from among respectable people of various professions. The selection committee will comprise the head of the Constitution Court, two judges from the Supreme Court and the Supreme Administrative Court, and the heads of four independent organisations.

However, there is no agreement on the power of this type of senate. Should it be empowered to appoint and remove members of independent organisations, and to impeach ruling politicians?

Under the above-mentioned formula, the selection of 160 senators could be biased because four of the seven selection committee members will come from independent organisations. The senate may not be impartial when it has to deal with matters concerning the independent organisations.

Bangkok Post

Last Updated : Wednesday April 11, 2007