Constitutional Court Splits On 200 Billion Baht Energy Loan Decree
Thailand's Constitutional Court upheld a royal decree authorizing a 200 billion baht energy loan, though two justices dissented on whether the clean energy spending portion exceeded constitutional limits.
On July 9, 2024, the Constitutional Court deliberated on a royal decree granting the Finance Ministry borrowing authority to address energy crisis impacts and support Thailand's clean energy transition for 2024. The case was brought by 133 members of parliament—representing at least one-fifth of the total—who challenged the decree's constitutionality under Article 172. The court unanimously ruled that provisions aimed at assisting citizens, farmers, and businesses affected by the energy crisis comply with the Constitution. However, the court split 7-2 on the 200 billion baht portion for promoting energy efficiency and renewable energy technology transition across government, private sector, communities, and the public. The seven-member majority, comprising Nakarin Mektrairat, Udom Sittiwiratchathamma, Wirut Sangthian, Naphdol Teppittak, Banjongsak Wongprachaya, Sumet Roikculchaloem, and Sarawut Songsiwilai, upheld that section as constitutional. The two dissenting justices—Chiraniti Havanon and Udom Ratthamrit—argued the 200 billion baht allocation for clean energy technology promotion and skill development exceeded constitutional limits.
