A controversial recent decision by the Election Commission (EC) amplifies the weaknesses of Thailand’s constitutional institutions, raising the risk of a wider negative impact on the country’s economic performance.
EC members, in a majority vote, decided to pursue legal action against only 77 individuals suspected of collusion in the Senate election, out of 229 suspects identified by a former EC subcommittee that investigated rigging allegations.
The announcement of legal action against only one-third of the suspects has drawn widespread public outrage and raised allegations of discriminatory practices by the regulator amid questions on whether the election held in 2024 was free and fair.
A minority within the EC have opposed the decision, while opposition politicians and academics have joined the chorus of criticism targeting the election agency.
Lax law enforcement
Prof. Sakon Varanuwatana, a former dean of Thammasat University’s Faculty of Economics, told Thai PBS World that the decision was disappointing, and it highlighted the weakening of the rule of law in the public sector. The EC was supposed to be an independent organization tasked with balancing executive power, but it had failed to carry out its duties, he lamented.
Thailand is already perceived by the international community as weak in law enforcement, besides lack of transparency, low government efficiency and high corruption. Global benchmarking metrics reflect these structural bottlenecks:
● Both the World Economic Forum and the International Institute for Management Development (IMD) consistently rate Thailand’s institutional efficiency and rule of law poorly relative to its economic output. In the 2026 IMD World Competitiveness Ranking, Thailand ranks 32nd in Government Efficiency—lagging far behind its 10th place ranking in Economic Performance.
● Thailand scored a modest 33 out of 100 on the Corruption Perceptions Index in 2025 in metrics evaluating public trust, bribery, and equal enforcement of the law, ranking the country at 116 out of 182 countries. The Corruption Perceptions Index is published by Transparency International, an independent global anti-corruption NGO.
These rankings carry real economic weight for foreign direct investment (FDI).
“It would have a high impact, as foreign investors often look at these indices before making a decision to commit foreign direct investment,” says Sakon. “Investors consider a high corruption index, a weak rule of law, and a lack of transparency as the hidden costs of doing business in Thailand.”
Thailand has been hampered by low economic growth for years, persistent political instability being one of the key factors. Most governments in the last two decades have failed to serve their full four-year terms.
The return of street protests?
Conservative activists have stepped up their campaigns against the government by holding street rallies, while progressive groups have launched campaigns targeting the EC over the Senate election. They are also demanding the rewriting of what they consider an undemocratic constitution.
Political scientists see street protests targeting both the government and the broader political system intensifying, as many view the ruling coalition and independent state agencies as threats to democracy.
“Political battles in both Parliament and on the streets have the potential to intensify,” says Olarn Thinbangtieo, a lecturer at Burapha University’s Faculty of Political Science.
According to Olarn, opposition lawmakers plan to debate the EC’s decision in Parliament. The case could directly challenge the credentials of Prime Minister Anutin Charnvirakul and other key members of his Bhumjaithai Party, who were implicated by a former EC subcommittee over alleged collusion in the Senate election.
“The parliamentary censure motion and street protests could exert strong pressure on the Pheu Thai Party to withdraw from the coalition government,” Olarn adds.
A key factor moving forward will be how the Supreme Court handles the case referred by the EC, specifically whether it will expand its inquiry to cover all 229 suspected individuals or just the 77 named by the EC.
Regulator in the dock
Meanwhile, a separate legal case concerning the election to the House of Representatives remains pending in the Constitutional Court. Observers are awaiting a verdict on whether the barcodes and QR codes printed on ballot papers by the EC violated the constitutional requirement of secret voting.
The legal case against the EC regarding barcodes and QR codes on ballots was officially filed in the Constitutional Court by the Office of the Ombudsman.
The Ombudsman acted on behalf of the public after receiving several complaints from citizens, political figures (such as Khunying Sudarat Keyuraphan), and legal experts following the February 8 general election this year.
The core issue is whether the presence of these unique digital markings on ballots violates Section 85 of the Thai Constitution, which strictly mandates that voting must be conducted via a secret ballot.
The EC printed barcodes on party-list ballots and QR codes on constituency ballots. Crucially, these codes were printed on both the actual ballot sheet and the ballot stub.
Critics argue that anyone with access to both pieces could easily cross-reference the codes back to the voter registration roll, exposing exactly how an individual voted.
While the EC argues that ballots are stored securely, legal experts emphasize that the constitutional principle of a secret ballot must also guarantee privacy from the state and the EC itself.
The potential capability of an agency to decode individual voter choices destroys the trust required for a democracy.
Eyeing a ‘rich club’
Thailand faces an uphill task to become a member of the Organisation for Economic Cooperation and Development (OECD), a club of rich nations who deeply value democratic principles, transparency and the rule of law.
The government has set an ambitious goal to escape the “middle-income trap” and transition into a high-income nation by achieving full membership of the OECD.
Under Thailand’s national development agenda, joining the OECD accession is a vital catalyst to modernize the domestic economy.
Joining the OECD offers key structural advantages for Thailand’s economic transition:
International policy benchmarking: Accession provides a framework to overhaul regulatory hurdles, reduce bureaucracy, and align domestic business laws with global standards.
Investment and market confidence: Securing membership signals policy stability, high regulatory standards, and open market policies, helping to attract high-value FDI in advanced industries, digital infrastructure, and green technology.
Sustained structural growth: By institutionalizing governance reforms and fair market competition, Thailand aims to boost national productivity, lift wage levels, and drive multi-sector growth required for high-income status.
However, given its weakening political institutions, Thailand will find it difficult to be admitted into the OECD. The group carries out rigorous technical reviews across dozens of committees, with candidate countries expected to demonstrate a firm commitment to democratic values, the rule of law, and transparent public administration.
“Thailand is unlikely to be able to join the club, as Thailand’s political system and law enforcement run counter to the OECD’s key principles such as transparency, rule of law, and accountability criteria,” says Sakon.
