The caretaker government of Prime Minister Anutin Charnvirakul retains most of the powers of a normal government, with the exception of the ability to transfer government officials and to use the budget or the central fund for emergency situations or for new projects that would be binding on the new administration, which require the consent of the Election Commission, Deputy Prime Minister Borwornsak Uwanno explained today.
As such, he said, the government still has the authority to declare a state of emergency, oversee security affairs and to continue rehabilitation programs for victims of public disasters.
He said that the government will meet with the Election Commission on Monday to discuss the new election and whether the mobile cabinet meeting, scheduled for December 23rd to discuss the rehabilitation of flood-ravaged Hat Yai, can proceed.
He also said that the government will consult the Election Commission on whether it can proceed with the second phase of the co-payment scheme.
Dr. Borwornsak, an expert on constitutional law, also said that it is not necessary for the election to be held within 60 days of the House dissolution and that it can be held sooner—for instance, on February 8th, which would be 58 days after the dissolution.
Meanwhile, former election commissioner Somchai Srisutthiyakorn explained the effects of the House dissolution:
• The House is dissolved and all MPs lose their parliamentary status, while the Senate will continue to function as normal.
• The constitutional amendment bill, which is currently in its second reading, is automatically dropped, but the new post-election government can revive it by presenting it to the new parliament within 60 days of the first joint meeting of the House and the Senate.
• A referendum to seek public approval of a new Constitution, to be held on Election Day, is dropped unless the cabinet approves the referendum before the House dissolution, despite the fact that parliament submitted its resolution on the referendum to the government last night.
• The new election will be held under the old rules, using two ballot sheets—one for the election of constituency MPs and the other for party-list MPs.
