THE CABINET has suggested that charter drafters include a clause that allows an “exception to the rule” during the transitional period after the next general election – a measure that critics say is a move by the junta to retain power over the new government.

This proposed measure aims to avoid a repeat of political unrest, severe political conflict and a near-failed state that was experienced before the coup in May 22, 2014, the Cabinet said.

“During the transitional period – the turning point that deals with the life or death of a country – a temporary measure must be allowed where necessary in order to maintain peace and order,” read a letter from the Cabinet to the Constitution Drafting Commission (CDC).

The Cabinet suggested that in the initial stage – shortly after its promulgation – the new constitution should not be fully enforced. It said this would ensure “stability during the transition”.

It added that in the next stage, all provisions in the new charter might be put in effect in a manner that is “more in line with the international principles on democracy”.

The Cabinet also said it was worried that political conflicts and unrest might resume in the wake of the election, and it “may be worse than before”.

“A state like that is very rare in a foreign country and it is too difficult for other democracies to understand,” the Cabinet said.

This was the last of the 16-point suggestion made by the Cabinet in the letter dated February 15 and addressed to CDC chairman Meechai Ruchupan. The letter was signed by Deputy Prime Minister Prawit Wongsuwan on behalf of the prime minister, who was overseas.

The Cabinet’s proposal, however, was yesterday interpreted by academics as a way for the junta to retain power after the election.

Independent scholar Sirote Klampaiboon said this proposal would make the new charter, the referendum and the election meaningless.

“This means the National Council for Peace and Order, in whatever form, will continue to have absolute power despite there being an elected government in office,” Sirote said.

He added that the proposal was “really bad”, even unacceptable. “No constitutions should have anything like this.”

Jade Donavanik, a member of the previous CDC and an adviser to the current panel, said yesterday that the Cabinet might be worried that the new government would not be able to deal with political unrest should such a situation re-emerge.

He said such concerns could be interpreted in three different ways at least.

First, the Cabinet wants a special body to deal with any possible crisis. Second, it wants “special power” for somebody other than an elected government, possibly allowing the military to rule in case of emergency. Third, it wants a mechanism to cope with any crisis and perhaps rule over the government during critical times.

“I don’t know how the military is assessing the situation. Perhaps it thinks something will happen or not happen at some point, but it just wants to ensure it still has the power to control the situation,” Jade said.

Meanwhile, CDC spokesman Norachit Singhaseni yesterday dismissed speculation that the drafters would focus their attention on proposals from the Cabinet and the National Legislative Assembly in revising their original draft.

“That is untrue. The CDC treats all suggestions equally, including those from the public and civic groups,” he said.