The second question put to voters at the Aug 7 referendum had been controversial from the start. Yet, since passing the vote, it is now sparking even fiercer debate and could trigger a new round of political conflict, warned veteran politicians.
In the referendum, the majority of voters approved the National Legislative Assembly's (NLA) additional proposal that an appointed Senate join the House of Representatives to select a prime minister during the post-election five-year transition period.
As the NLA and Constitution Drafting Committee (CDC) discuss how to proceed with the draft charter following the vote, suggestions have sprung up that the second question be widened so that the Senate has a role in nominating the prime minister.
The move has sparked criticism from political parties, who say that MPs must have the first say in nominating a PM from party lists, as stipulated by the current draft.
Former Democrat deputy leader Thaworn Senniam has warned that the move to increase the role of the appointed Senate may lead to political conflicts and protests.
The original proposal for the appointed Senate to vote on the prime minister has already been criticised as a means for the regime to dominate the House and tighten its grip on power after the election.
"Those in favour of the NCPO prolonging its stay should be careful. It could turn the public away. And by trying [to let the appointed Senate] intervene from the start, they could be inviting protests," he said.
Mr Thaworn, a core member of the dissolved People's Democratic Reform Committee (PDRC), also criticised the NLA for the controversy it has caused. Either the lawmakers did not think the whole thing through, or they had a hidden agenda from the start, he said.
"The fact that the NLA has to debate among themselves what their intention is indicates that they didn't think it through. Or it just got carried away with the referendum result and are now wanting more.
"If this was part of the extra question it could be rejected. Is that right?" he said.
Mr Thaworn is referring to the NLA's discussions this week to better understand what the intentions were in drawing up the extra question. The CDC joined the meeting yesterday.
However, Mr Thaworn said the appointed Senate may be granted a mandate to nominate the prime ministerial candidates should parliament fail to choose the prime minister.
"The exception is not the rule. You can't waive Section 272 of the draft charter," he said.
Section 272 of the draft charter requires prime ministerial candidates to be nominated by political parties that have won no fewer than 25 seats in parliament. The extra question endorsed by the referendum will allow the joint sitting of appointed senators and MPs to vote from the lists.
Mr Thaworn also noted that the issue should be forwarded to the Constitutional Court for a ruling to ensure that it does not contradict the charter.
Constitution Drafting Committee (CDC) chairman Meechai Ruchupan on Friday met the NLA representatives, who included vice president Surachai Liengboonlertchai, Jate Siratharanont and Somchai Sawangkarn to discuss the issue.
Following the meeting, Mr Jate downplayed the concern, saying that the Senate should be allowed to nominate the prime minister only when a joint sitting fails to select a candidate. And it should be able to waive the rule and allow someone other than the party-nominated candidates to run for premiership.
"At this stage there are no candidates from the lists, so the Senate should also have a say in the nomination too," he said.
Mr Meechai, who is critical of the Senate's role in choosing the prime minister, yesterday hinted that an appointed Senate should not nominate the prime minister from the beginning.
He was quoted as saying when asked about the proposal: "It doesn't mean that all the people who go to a wedding are there to get married."
The move to increase the appointed Senate's role is not spearheaded by the NLA members, but by pro-military members of the National Reform Steering Assembly (NRSA). Among them are Wanchai Sornsiri and Seree Suwanphanont.
Former prime minister Yingluck Shinawatra, speaking in an interview before her court appearance in the rice-pledging case, yesterday called on the concerned parties not to interpret the second question in a broad manner.
"They should keep in mind the principle of the question, when it was introduced and the information the people received prior to the referendum. If things go by the rules, I believe peace will return," she said.
Chusak Sirinil, Pheu Thai's legal team chief, also said the extra question cannot be used to bypass the rule that the premier must come from the prepared lists.
Speaking before the meeting with the NLA representatives, Mr Meechai said the CDC will have to follow the "literal meaning" of the second question approved in the Aug 7 referendum.
However, he said the CDC will have to listen to the NLA's opinions first and decide if their explanations reflect the public vote.
"We'll look at their opinions first and decide if what they want are in line with the referendum outcome, so that we can write it down as it is agreed in the referendum," he said.
A source at the NLA said the assembly's proposal involving the second question to be submitted to the CDC have three key components: the prime minister candidates; nomination of the prime minister candidates; and Section 272.