Abstract:
People always has liberty, through the democratic regime of government, to participate in forming a political party. Section 47 of Constitution of Kingdom of Thailand prescribes that a person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfillment of such will, the party-list, in the light of an indirect way of democracy, is an alternative for the election of representative acting on people's behalf in accordance with expression of political will, and Section 99 of the Constitution provided that the party-lists of candidates in the election shall be prepared by political parties, each party shall prepare one list which shall contain not more than one hundred persons and be submitted to the Election Commission before the date an application for candidacy in the election on the constituency basis commences.Constitution of Kingdom of Thailand, notwithstanding, consists of provision allowing a political party to be easily formed, but, at the same time, the Constitution also has an intention to strengthen a political party in nature of a few of big political parties as appeared in Section 100 of the Constitution which provided that the list of any political party receiving votes of less than five percent of the total numbers of votes throughout the country shall not be reckoned in the determination of the proportional numbers of the House of Representatives, and, in addition, the Organic Law Act on the Political Parties B.E. 2541 permits the amalgamation of political party, in the wake of implementation of the Constitution, as well as especially in the case of Section 73 which provided supportably that one or several political parties is entitled to be dissolved in order to amalgamate with another major political party, and Section 72 shall be applied mutatis mutandis when the Constitutional Court issues its order of dissolution to the said amalgamated political party, namely, memberships of the House of Representatives of the original political party shall become of that in the newly major political party or other party. However, provision in Section 72 is not evidently provided that members of the House of Representatives on the party-list basis shall become members of that only in the major political party.Problem arises subsequently from an amalgamation is the fact that members of the House of Representatives transferred, at will, from one political party to another which brings out the small political parties, and, moreover, the party-list of the original membership is newly prepared by removing the old list submitted to the Election Commission which forces thequalified person with integrity to leave a political party without his or her own will or, in another words, fails to achieve the will of the Constitution.From the study and research, founded that, such case is deemed as being inconsistent with the principle of membership of the House of Representatives on the party-list basis, provision of Section 99 of the Constitution requires a political party to choose the qualified person carefully into the party-list thereof and submit the list to the Election Commission before the date an application for candidacy in election on the constituency basis commences in order that people is entitled to choose a political party and approve such political party to be the genuinely representative organization for them in which such political party is, according to its propaganda, finally eligible for applying the policy promised to people in laying down the governmental policy.Accordingly, this thesis, in the terms of being a guideline solving the persistent problem, suggests that there should be an amendment of the Organic Law Act on the Political Parties in implementation of the Constitution. Upon an amalgamation of political occurs, members of .the House of Representatives on the party-list basis should be menber of that in the major political party until completion of their terms of office, provided that, for the purpose of preserving the qualified persons in the political system and making a political party to be the genuine representative of people adopting its policy as the policy of government, and, ultimately, only a few big political parties can survive and result in political stability in the spirit of Constitution of Kingdom of Thailand in the future.