Voters in Thailand’s general election on February 8 will also be asked to decide whether the country should adopt a new constitution to replace the charter enacted in 2017.
The referendum reflects a long-running political struggle between Thailand’s pro-military, royalist establishment and popular democratic movements seeking greater civilian rule.
Supporters of change argue that the current, military-backed constitution entrenches unelected power and weakens democratic oversight, accountability and civil liberties.
Voters will be asked: “Do you approve that there should be a new constitution?” and can choose “Yes,” “No,” or “No opinion.”
A majority “Yes” vote would give parliament a public mandate to begin drafting a new constitution.
A majority “No” vote would keep the existing charter in place.
The current constitution came into force in 2017 after being drafted by a committee appointed by the military following a 2014 coup.
Unlike the upcoming vote, referendums held in 2007 and 2016 asked voters to approve draft constitutions prepared after military takeovers.
Since the end of absolute monarchy in 1932, Thailand has adopted 20 constitutions, most of them following military coups. Thirteen successful coups have taken place in the past 94 years.
Critics say the 2017 constitution concentrated power in unelected institutions, weakened democratic governance and reduced decentralisation, while limiting effective checks and balances.
A central concern is the Senate, the upper house of parliament, whose 200 members are selected through an indirect process with minimal public involvement. Critics say this allows entrenched political interests to shape its composition.
The Senate plays a significant role in legislation and holds key powers, including appointing judges to the Constitutional Court and members of other unelected bodies. These institutions wield considerable influence, including the authority to dissolve political parties and bar elected leaders from politics.
Opponents of the charter argue that empowering unelected bodies over elected representatives stems from a prolonged power struggle between conservative forces aligned with the military and popular political movements, particularly those associated with former prime minister Thaksin Shinawatra.
The constitution also restricts civil rights and freedoms by placing them under broad concepts of state security and public morality.
Most major political parties support amending the constitution and are urging voters to back the referendum. These include the ruling Bhumjaithai Party, the opposition People’s Party and Pheu Thai.
However, Bhumjaithai has stressed that any changes must not affect constitutional provisions related to the monarchy.
Opposition to amendment largely comes from ultra-conservative figures and parties such as the pro-military United Thai Nation Party, which supported former junta leader Prayuth Chan-ocha but has since seen its influence decline, winning just 36 of 500 seats in the last election.
If voters approve the referendum, the new government and parliament will begin a multi-stage constitutional drafting process that includes two additional referendums.
The first step would be to define the framework, guiding principles and the body responsible for drafting the new charter.
A second referendum would seek public approval of that process.
A third and final vote would then be required to approve the completed constitution.
Experts say the full process could take at least two years.
If the February 8 referendum fails, lawmakers would still be able to propose amendments to individual articles of the current constitution through parliament.