Legal expert Meechai Ruchuphan has warned that Thaksin Shinawatra, the caretaker prime minister, could be seen as violating Article 8 of the Constitution with his June 29 remark that somebody who has reserved power beyond the Constitution is undermining the democratic system.

In the article "The Responsibility of the Prime Minister" on his website (www.meechaithailand.com), Meechai said the media and most people believe the person who has reserved power and is most beloved by Thais is His Majesty the King.

Another person, who used to be in politics, has reserved power and is highly respected, is Privy Council President General Prem Tinsulanonda, who commands a position closest to His Majesty, Meechai added.

If Thaksin fails to clarify his remark, he would automatically be in violation of Article 8 of the Constitution, Meechai warned.

Article 8 of the Constitution states: "The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action."

Meechai highlighted several remarks in Thaksin's controversial speech, which was given before a meeting of senior civil servants last Thursday at Government House, as follows:

"Today an institution outside the Constitution - not in the Constitution - is a person, who has reserved power beyond the Constitution, who is creating turmoil in the constitutional system, without any respect for the rule of law.

"Somebody thinks that he is more important than the majority of Thais, so his voice must be louder or more meaningful than others, without any respect for the decision of the people.

"The heads of some institutions have allowed their institutions to become tarnished only because they would like to follow a request of somebody."

Thaksin has been fighting vehemently to stay in power by pushing for a new election - which he is certain that he would win - after the April 2 snap election was nullified by the Constitution Court.

However, his political fate is hanging in the balance, as the Constitution Court is to rule whether to dissolve his Thai Rak Thai Party, the Democrat Party and three other small parties for alleged violations of the election law.

Thaksin is feeling bitter that "influential persons" are trying to block, through the judicial process, his return to political power.

Yesterday Thaksin presided over a meeting of Thai Rak Thai to evaluate the next political move. He would not budge from his June 29 remark. "I know what I have said and the consequence of my remark. I would protect democracy with my life," Thaksin told party members. The party meeting became deadly silent for a while after Thaksin uttered this line, a source told The Nation.

Thaksin also had an audience with His Royal Highness Crown Prince Maha Vajiralongkorn yesterday. He said only that it was a private audience with the Crown Prince. He also said he was not sure whether he would travel to Germany to watch the World Cup final as reported earlier, saying the possibility of his going was 50:50.

On Monday, a group of high-society ladies, some of whom are descendants of the Chakri Dynasty, came forward to blast Thaksin's controversial remark, which could be seen as offending the institution of the monarchy.

These ladies included Prapai Prasartthong-osoth, MR Rampi-arpa Kasemsri, ML Anong Ninoubon and Sumalee Viravaidhya. They want Thaksin to spell out the name of the person he alleged was trying to overthrow his government.

Samak Sundaravej, who has just been voted in as a senator, came out to support Thaksin, saying the premier does not need to spell out the name of the "influential person". He said the high-society ladies are only ordinary people and that if they want to know who the "influential person" is, they should look at the Constitution.

Former prime minister Chavalit Yongchaiyudh, a former ally of Thaksin, yesterday warned the premier to be more cautious with his words. He said he could not see the way out for the country yet, and that all the problems would have to be sorted out through legal means.