The controversial proposal was made during the brainstorming session of the Constitution Drafting Committee (CDC) in Phetchaburi on Thursday. Panel chairman Prasong Soonsiri gave a thumbs-up to the idea, but Constitution Drafting Assembly member Noranit Sethabutr warned of adverse consequences.

Somchai Srisuthiyakorn, a Thammasat University political-science lecturer, yesterday said he was worried that such a clause would make many people vote against the draft charter in the referendum.

"We have to be careful on this point, because it could make all parties oppose this constitution, even though the other parts of it are good."

Caretaker Thai Rak Thai Party leader Chaturon Chaisang said yesterday he was not surprised by Prasong's stance. He said it had been clear to him from the beginning that there would be a constitutional clause allowing an unelected person to become prime minister.

"This is a common feature in a constitution written after a coup. They [coup-makers] often allow people they favour to become prime minister," he said. "With this clause, it will be difficult for the draft to win enough support in a referendum. One exception would be if the [junta] manages to scare people into backing the draft or remaining silent instead of voting against it."

He predicted that if the draft was passed containing that controversial clause it could lead to violence, as had happened before.

Suthep Thaugsuban, the Democrat Party secretary-general, said: "I disagree [with the option] because it is not democratic. This point is a step backwards. If it happens, I will be in the front line saying 'no' to this constitution."

Prinya Thewanaruemitkul, a Thammasat University law lecturer, was also opposed to putting such a clause in the new charter.

"In principle, there should be no need to even consider the idea, because the prime minister must come out of an election. But the political situation we are in is not democratic, so it is necessary to consider it. It means they want to pave the way for the junta to hold onto power."

He said that if it was really necessary there should be a transitional clause that allowed for an unelected PM to be considered an option five or 10 years after the new constitution took effect.

Trakul Meechai, Chulalongkorn University political science lecturer, questioned the wisdom of having such an option. "If an unelected person can become prime minister, then what is the purpose of having an election?"

CDC chairman Prasong yesterday insisted there was no hidden agenda or conspiracy over the issue.

Prasong was on the defensive yesterday after the committee failed to reach a consensus on the issue on Thursday and decided to postpone making any decision until early April.

Critics see those supporting a possible non-elected PM as trying to pave the way for the junta to hold onto power.

A local newspaper floated a conspiracy theory. It suggested the possibility of the drafters themselves making the charter unpalatable to the majority so that chaos and another coup would follow the rejection of the draft and extend the power of the junta beyond this year.

"Do not be so suspicious. Nothing will lead to that. The country has been bruised enough. I don't think any of the drafters have such ideas," Prasong told the media yesterday morning.

Prasong, who reiterated that he was in favour of a "possible" non-elected PM, explained the rationale behind the idea as being that in a time of political crisis and deadlock, when none of the elected MPs were qualified or able to govern, a channel would be available for an outsider to come in.

"If there's a crisis and no way out, it will be stifling, and the constitution may be torn apart [again]," said the draft chairman.

Prasong, who was hand-picked by the Council for National Security (CNS) to chair the drafting committee, insists that he is democratically minded.

"I do not admire dictatorship, but as chairman [of the committee] I must be open. Do not be suspicious that this is an attempt to sabotage the charter," he said, referring to the conspiracy theory.

He added that it would be best if the issue was not taken to a vote, but he did not commit himself to saying whether, if a vote was required, it would be a secret one.

Drafter Sriracha Charoenpanich, who is the main proponent among the drafters for the move to leave room for a non-elected PM in the new charter, insisted to The Nation that perhaps as many as 50 per cent of the drafters supported the move.

"The vote will be a close one," he said. "I will speak to the Constitution Drafting Assembly [CDA] too [about the issue]."

He also denied he was defending the junta's interests.

"Check my history and see if I'm a CNS man or not ... If you fear the charter will be rejected, you can't do anything. We don't even need to draft it in that case."

However, some drafters like Chuchai Suphawong see the issue as being a no-win situation. He said that because the new charter was sponsored by the junta and came as a result of the coup, people would naturally be suspicious of any such proposal.

Pravit Rojanaphruk,

Somroutai Sapsomboon

The Nation

Cha-am, Phetchaburi