"It can transfer a government official only if the action is approved by the Election Commission (EC), but that is no longer functioning," said Preecha Suwannathat, a former dean of Thammasat University's Faculty of Law.

According to the Constitution, an outgoing Cabinet cannot exercise its power to appoint, transfer or dismiss a government official in a permanent position or an official of a State agency.

"So, it's clear that the incumbent administration should scrap its plan to reshuffle senior government officials, military and police officers," Preecha said.

He said it had already deliberately exploited legal loopholes by utilising the power of the prime minister under the Organisation of State Administration Act in appointing Rongphol Charoenphanthu caretaker Cabinet secretary-general and Peeraphan Prempooti caretaker permanent secretary in the Office of the Prime Minister.

"The invocation of such power does not require approval from the EC but it's against the intentions of the Constitution," the legal expert said.

Preecha said even though some senior government officials would retire on September 30, state agencies could continue functioning as those staff following them in seniority would automatically move up as caretakers.

In a related development, government spokesman Surapong Suebwonglee said the caretaker Cabinet would go ahead with its reshuffle plan, effecting the changes early in August, as scheduled.

Caretaker Education Minister Chaturon Chaisang said his ministry would submit its reshuffle plan to the Cabinet.

"I must admit that with the EC no longer in existence, it will be difficult to implement the plan," he said.

Chularat Saengpassa

The Nation