Council of State secretary-general Pakorn Nilprapunt has reiterated the council's opinion that the authority to dissolve the House of Representatives rests solely with the prime minister, not a caretaker premier.
Speaking on Tuesday, Mr Pakorn declined to elaborate further on whether a caretaker government has the authority to dissolve the House.
He said widespread public discourse on the issue had led to confusion. The council's previously stated position remained unchanged.
Asked whether a caretaker prime minister was legally barred from dissolving the House, Mr Pakorn said he reaffirmed his earlier view.
He cautioned against speculation regarding potential legal consequences should a caretaker government attempt to dissolve the House, noting that the situation had not yet occurred.
Interpreting the constitution comes under the jurisdiction of the Constitutional Court, which can act only once a case is filed, he said. The right to petition the court is set down in the organic law governing procedures, and members of the public cannot file such petitions directly, said the secretary-general of the Council of State.
The council is the government's legal adviser and issues opinions, not binding legal decisions.
Mr Pakorn acknowledged the existence of diverse academic opinions on the issue but stressed that the Council of State has already given its legal opinion, based on established principles.
Ultimately, he said, it is up to the government to make the decision. He declined to answer questions on the possible political scenario should the matter be referred to the Constitutional Court, saying the situation had yet to arise.
On Aug 29, Mr Pakorn said a caretaker prime minister cannot dissolved parliament. “In my personal view, it cannot be done. That’s what the textbooks say,” he said.
Asked whether a government decision to dissolve the House would pose legal challenges, Mr Pakorn urged careful prior consideration. It is the government’s responsibility to weigh the legal and constitutional implications, he said.
On Tuesday, Deputy Prime Minister Phumtham Wechayachai, who is currently caretaker prime minister, insisted a caretaker government had the authority to dissolve the House, although no formal discussions on the matter have yet taken place.
Mr Phumtham, a key figure in the ruling Pheu Thai Party, said such a move would only be considered once the process of selecting a new prime minister becomes clearer in parliament.
On the current political deadlock, he acknowledged that the People’s Party had yet to decide which candidate to support for the premiership. The opposition party is the largest party in the House with 143 MPs. The party is being courted by two competing sides, Pheu Thai and Bhumjaithai, seeking to form the next government.
“Each side refuses to endorse any candidate, resulting in a three-way split,” he said. “We are still in the process of forming a government, so discussing hypothetical scenarios at this stage would be premature.”
He emphasised that he has not received any official confirmation that the People’s Party will abstain from supporting all candidates. The opposition party is expected to hold further internal discussions to clarify its position.
On Saturday, Mr Phumtham was appointed caretaker prime minister, with full authority to carry out the duties of the premiership, at a special meeting of the cabinet.
The Constitutional Court's decision on Friday that led to suspened Prime Minister Paetongtarn Shinawatra’s departure from office also resulted in the entire cabinet vacating their positions, according to Chousak Sirinil, a Pheu Thai MP and acting Prime Minister’s Office Minister.
