Constitution Drafting Committee deputy chairman Charan Phakdithanakul yesterday conceded the charter draft gave the judiciary too much responsibility and power.

Justice Ministry permanent secretary Charan said excessive judicial powers would upset the equilibrium of checks and balances.

Judges on Tuesday rejected a draft charter proposal giving the courts an unprecedented role in politics. As the draft stands, judges would select some senators and appoint heads of independent government organisations.

The draft constitution judiciary panel chairman, Supreme Court Justice Wattanachai Chote-chootrakul, said concerned judges had concluded it was not their duty to make political appointments. He said such a move would erode judicial independence.

However, Charan downplayed Election Commission assertions that the draft stopped it making rulings on electoral cases.

Charan wants to hear public opinion. "We have it this way because the public believes the commission should not have sole responsibility without checks or balances.

"There is no organisation that can offer such mechanisms better than the court. This is just a technical problem among agencies. We can sort it out through talks," he said.

He added that several draft articles of the constitution needed attention.

He recommended scrapping provisions for a national crisis agency unless the current article was revised.

Other provisions causing division include party-list representatives, multi-member constituencies and an appointed Senate. The issue of a national religion is a hot potato, Charan said.

The greatest opposition is to an appointed Senate. Charan said public hearings proposed a Senate of elected and appointed members and a committee to select candidates.

He said the drafting committee agreed with this, but was opposed to a wholly elected Senate.

"If a Senate is all elected, then I believe there should be no Senate at all. This mechanism will not work. Senators will become a tool for politicians," he said.

Charan said the 1997 Constitution allowed for elected senators because the House had approved it. "At that time the decision depended on politicians, but this time the political atmosphere is different," he said.

Meanwhile, Constitution Drafting Assembly member Pichian Amnartworaprasert yesterday met Withayakorn Chiangkoon and his government-appointed charter panel.

He said the panel was in favour of a national religion, but wanted the draft reworded to ensure minority faiths in the country were not discriminated against.

The Withayakorn panel proposes the Senate be either elected or a mix of elected and appointed members, Pichian said, adding that a fully appointed upper house would be a "step back for democracy".

The government panel is against adopting German-style elections for the lower house, whereby half the members are elected and the other half are selected from party lists via proportional representation. This is confusing, the panel told Pichian.

The panel proposes maintaining the party-list system, having only one member elected per constituency and not giving judges additional political roles.