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2026 Thai constitutional referendum

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2026 Thai constitutional referendum
8 February 2026
Do you approve that there should be a new constitution?
Votes counted
95%
Results
Choice
 Votes %
Yes 19,692,993 65.43%
No 10,406,145 34.57%
Valid votes 30,099,138 91.33%
Invalid or blank votes 2,858,421 8.67%
Total votes 32,957,559 100.00%

A constitutional referendum is currently being held in Thailand alongside the general election on 8 February 2026 to ask voters whether they approve beginning the process of writing a new constitution to replace the current one adopted in 2017.

Caretaker Prime Minister Anutin Charnvirakul officially began the process of holding a referendum on 23 December 2025 and the date was officially announced by a Royal Gazette published on 2 January 2026. The date of the referendum was chosen to coincide with the 2026 general election for the efficient use of public funds.[1][2]

Background

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See also: 2007 Thai constitutional referendum and 2016 Thai constitutional referendum

Following the 2006 coup that ousted Prime Minister Thaksin Shinawatra, the ruling military junta of the Council for National Security repealed the 1997 "People's" Constitution and introduced an interim constitution. The 1997 constitution was Thailand's most democratic constitution: it created a bicameral legislature where both houses were directly and democratically elected, and the prime minister was elected solely by the National Assembly.[3] The new 2007 constitution was drafted and then adopted after Thailand's first referendum was held on 19 August 2007. A majority (57.81%) of voters were in favour of the new constitution, whilst opposition was concentrated in the north and northeast where Thaksin and his parties were popular.[4] The referendum was followed by the return of elections in December. However, the new referendum was also seen as an attempt to contain the influence of Thaksin and his allies.[5] Between 2007 and 2014, Thaksin-friendly politicians became Prime Ministers and in 2011 his sister, Yingluck Shinawatra, was elected prime minister. A political crisis led to her removal in 2014, followed by a coup d'état in 2014 that replaced the 2007 constitution with the 2014 interim constitution. The ruling military junta of the National Council for Peace and Order began drafting a new constitution and criticism of it was banned. The 2016 referendum saw 61.4% of voters approve of it, and it was adopted in 2017.[6][7][8] The 2017 constitution had no clause that allows for a complete rewrite.[9] Attempts to amend or rewrite the 2017 constitution have existed since its adoption.[10]

Constitutional reform

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Rulings by the Constitutional Court

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Following the removal of Prime Minister Paetongtarn Shinawatra by the Constitutional Court on 29 August 2025, the conservative Bhumjaithai Party entered into negotiations with the progressive People's Party to secure their support to back Anutin Charnvirakul as prime minister. In an agreement between the two parties, the People's Party agreed to support Anutin on the terms that Anutin dissolve the House within four months, Bhumjaithai must maintain a minority coalition, and must also initiate the process of amending the 2017 constitution and hold a referendum if required.[11] The referendum on whether to amend the constitution would then lead to the establishment of an elected constitution drafting assembly and must be held no later than the general election. If the Constitutional Court did not find a referendum necessary, an elected drafting assembly would be established.[12]

On 10 September, the Constitutional Court voted 6-1 that three referendums are required to begin the process of drafting a new constitution, and members of the Constitution Drafting Assembly (CDA) cannot be directly elected. The ruling followed a petition by Wan Muhamad Noor Matha, speaker of the House of Representatives, under Section 210 (1)(2). In a 5–2 vote, the court found that the House had the authority to begin the charter rewrite process but this must be preceded by a referendum asking voters if they approve of a rewrite. In the three referendums required by the court, the first should ask whether a new constitution should be drafted, the second will seek public opinion on the principles and methods of the rewrite, whilst the third will ask if voters approve of the new constitution. The first and second referendums may be combined.[13][14]

Constitutional Amendment bill

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A citizen casting ballot for the referendum at a polling station in Sawankhalok, Sukhothai province on 8 February 2026

Following the Court's ruling, the People's Party, Pheu Thai and Bhumjaithai submitted their own separate draft constitutional amendment bills to Parliament to amend Article 256 of Chapter 15 and to add an extra chapter to allow for a new constitution to be drafted.[9] Chapter 15 describes the process to amend the constitution.[15] Parliament met on October 14 and 15 to discuss the three proposals.[9] Pheu Thai's version proposed the establishment of a CDA with 151 members. 100 members were to be chosen by Parliament from an election of 300 candidates, whilst the other 51 would be nominated and chosen by Parliament and the Cabinet. A drafting committee of 27 members would then be formed and would consist of 14 members from the CDA and 13 from other fields like law and political science. After draft amendments are completed, they would be submitted to Parliament for approval before a public referendum would confirm them.[16] The People's Party's version proposed that a CDA of 35 members selected by Parliament from a list of 70 people elected by voters be formed along an advisory council of 100 elected members with the goal of gathering public opinion to advise the CDA. Bhumjaithai's version proposes that the CDA should be made of 99 members made up of 77 selected by Parliament from a list so each province is represented by one member and 22 experts in law, political science, and other relevant fields. Members of the drafting committee would then be selected by the CDA. It also reduces the number of Senate votes needed to pass amendments from a third to a fifth of senators. The Bhumjaithai and Pheu Thai bills prohibit changes to the political system and state structure described in Chapters 1 and 2, whilst the People's Party contains elements from those two chapters.[9]

On October 15, Parliament (both the House and Senate) voted to pass the People's Party and Bhumjaithai's bills in their first readings. The People's Party's bill received 460 votes from MPs and 108 from Senators (total of 568), whilst the Bhumjaithai's bill received 462 votes from MPs and 167 votes from Senators (total of 629). Pheu Thai's bill received 561 votes, only 60 coming from the Senate. It failed to pass as it failed to gain the support of a third of Senators. A 43 member committee of 12 Senators and 31 MPs from eight parties (People's Party, Pheu Thai, Bhumjaithai, Kla Tham, Democrat, Thai Sang Thai, Palang Pracharath, Chart Thai Pattana, and Prachachart) was then formed to scrutinise the bills, with the People's Party's bill being the main draft.[17] The committee held its first meeting on October 19 and elected Nutthawut Buaprathum, party-list MP for People's Party, as chairman. The three deputy chairmen were Chawengsak Rengpaiboon, MP for Bhumjaithai; Tawee Sodsong, MP for Prachachart, and Senator Premsak Piayura.[18] The panel was empowered to recommend changes to the draft bills to ensure they met the requirements stated by the Constitutional Court.[19] By the end of November, the committee finished its review of the bill. At the same time, the cabinet approved a special parliamentary session for December 10 and 11 for a second reading on the bill.[20]

On December 10, Parliament voted to approve establishing a 35 member CDA and a 35 member public participation committee. Parliament also voted 328 to 266 to use the "20 pick 1" formula to choose members.[21] The formula stipulates that a group of 20 MPs and Senators each nominates one member for the CDA. Pheu Thai were the main opponents of the formula.[22] Parliament later voted 494 to 1 to approve the first referendum question on whether there should be a new constitution and the question was sent to the Cabinet.[23] On the amendment to Article 256/28, Parliament voted to reject the committee's proposal that future amendments on the constitution should be approved by a simple majority of a joint-sitting to preserve the Senate's one-third veto power. The article was rejected by several MPs from Bhumjaithai and the governing coalition.[24] The People's Party then began the process to call a vote of no confidence. Before a vote could be called, Anutin dissolved the House of Representatives and began the process for holding a general election in 2026 on December 12.[25] On December 19, the cabinet approved the referendum question and forwarded it to the Electoral Commission.[26]

Positions

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Political parties

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Parliamentary parties in the 26th House of Representatives

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Party Stance Notes and references
Bhumjaithai Party Support Party leader Anutin Charnvirakul has stated in various interviews such as THE STANDARD that he and most candidates of the party would vote in favour of the referendum.[27] However, the party would not support any attempts to amend or alter Chapters 1 and 2 of the constitution on the state and monarchy. He also stated that Bhumjaithai was not the main force behind the referendum and was "broadly comfortable" with the 2017 constitution whilst saying they understood arguments for a "people's constitution" not drafted by a military junta.[28][29]
Democrat Party Support The Democrat Party has voiced its support for the referendum.[30] However, party leader Abhisit Vejjajiva has stated that the Democrats would not support any attempts to amend or alter Chapters 1 and 2 of the constitution.[31]
Fair Party Support [30]
Palang Pracharath Party Oppose [30]
People's Party Support The People's Party has been among the most vocal supporters for a new constitution, arguing that a full rewrite of the constitution is necessary to rid Thailand of the political legacy of past military coups and juntas.[32]
Pheu Thai Party Support Pheu Thai has voiced its support for a new constitution, but will seek to retain Chapters 1 and 2.[32]
Prachachart Party Support [30]
Thai Sang Thai Party Support [30]
United Thai Nation Party Oppose Party leader Pirapan Salirathavibhaga stated the United Thai Nation Party opposed removing the 2017 constitution as it contained valuable provisions and that a rewrite could allow disqualified politicians to re-emerge.[33] Additionally, PM candidate Atthawit Suwanpakdee has stated that the 2017 constitution should be amended and not "torn up".[34]

Non-parliamentary parties

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Party Stance Notes and references
Economic Party Oppose [35]
Movement Party Support [30]
Rak Chart Party Oppose Jade Donavanik, a legal scholar who advised the assembly that drafted the 2017 constitution and a PM candidate of the Rak Chart Party, stated that the party opposed writing a new constitution but supported revisions to specific sections on the basis it was more cost-effective.[33][36]
Thai Pakdee Party Oppose Party leader Warong Dechgitvigrom stated the Thai Pakdee Party opposed rewriting a new constitution on the basis it would weaken anti-corruption mechanisms, the independence of public organisations, and lead to greater external influence and polarisation.[33]

Organisations

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On 6 February 2026, a group of 80 pro-democracy and human rights organisations issued a joint statement in support of the referendum, saying that the current constitution lacked any democratic legitimacy. Such groups included the Anti-Corruption People's Network, Campaign Committee for Democracy, the Human Rights Lawyers Association, the People's Movement for a Just Society, and the People's Network for Elections.[37]

See also

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References

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  1. ^ "Royal Gazette Declares 8 Feb 2026 as Referendum and Election Day". Thai Rath. Retrieved 2026-01-03.
  2. ^ "Referendum date officially set for same election day". Bangkok Post. 2026-01-02. Retrieved 2026-01-03.
  3. ^ Kittipong Kittayarak, The Thai Constitution of 1997 and its Implication on Criminal Justice Reform Archived 2007-06-14 at the Wayback Machine
  4. ^ Bunbongkarn, Suchit (2009), Funston, John (ed.), "Thailand's 2007 Constitution and Re-Emerging Democracy: Will Political Polarization Continue?", Divided Over Thaksin: Thailand's Coup and Problematic Transition, Books and Monographs, ISEAS–Yusof Ishak Institute, pp. 89–95, ISBN 978-981-230-962-4, retrieved 2026-01-03{{citation}}: CS1 maint: work parameter with ISBN (link)
  5. ^ Ockey, James (2008). "Thailand in 2007: The Struggle to Control Democracy". Asian Survey. 48 (1): 20–28. doi:10.1525/as.2008.48.1.20. ISSN 0004-4687.
  6. ^ Bangprapa, Mongkol (2016-08-11). "Official charter referendum figures posted". Bangkok Post. Retrieved 29 September 2016.
  7. ^ Ehrlich, Richard C. (2016-03-29). "Thailand's new constitution falls short of return to democracy, critics say". The Washington Times. Retrieved 30 March 2016.
  8. ^ Ghosh, Nirmal (2016-04-04). "Thai military's grand design in politics". Editorial. Straits Times. Retrieved 5 April 2016.
  9. ^ a b c d "Charter change explainer: Parliament debates three rival blueprints for Thailand". world.thaipbs.or.th. Retrieved 2026-01-20.
  10. ^ "Constitution Day sheds light on fierce battle over supreme law dividing Thailand". world.thaipbs.or.th. Retrieved 2026-01-24.
  11. ^ "Making sense of People's Party's conditions for Anutin". world.thaipbs.or.th. Retrieved 2025-12-15.
  12. ^ "Parties announce terms of People's Party support for Anutin". Bangkok Post. 2025-09-03. Retrieved 2026-01-03.
  13. ^ Sattaburuth, Aekarach (2025-09-11). "Three referendums required, says court". Bangkok Post. Retrieved 2026-01-03.
  14. ^ "Constitutional Court rules three referenda are needed for charter rewrite". world.thaipbs.or.th. Retrieved 2026-01-03.
  15. ^ "หมวด 15 การแก้ไขเพิ่มเติมรัฐธรรมนูญ | National Assembly Library of Thailand". library.parliament.go.th. Retrieved 2026-01-24.
  16. ^ "Bhumjaithai and Pheu Thai to submit separate draft charter amendment bills this week". world.thaipbs.or.th. Retrieved 2026-01-20.
  17. ^ "Parliament votes in favour of People's party's charter amendments bill". world.thaipbs.or.th. Retrieved 2026-01-20.
  18. ^ Yonpiam, Chairith (2025-10-20). "Thai charter amendment panel picks chair, sets a deadline". Bangkok Post. Retrieved 2026-01-24.
  19. ^ Bangprapa, Mongkol (2025-10-22). "Panel can amend three drafts". Bangkok Post. Retrieved 2026-01-24.
  20. ^ "Charter debate approved for Dec 10-11". Bangkok Post. 2025-11-25. Retrieved 2026-01-24.
  21. ^ Sattaburuth, Aekarach (2025-12-11). "Parliament backs 2 panels for charter bill". Bangkok Post. Retrieved 2026-01-24.
  22. ^ "Parliament Approves 20 Pick 1 Formula for Selecting Constitution Drafting Committee Chonanan Warns of Potential Domination". en.thairath.co.th. Retrieved 2026-01-24.
  23. ^ "Parliament Approves Sending Questions to Cabinet for a National Referendum on Drafting a New Constitution | Thai FYI". www.thai.fyi. 2025-12-11. Retrieved 2026-01-24.
  24. ^ "House in chaos as Bhumjaithai breaks with People's Party over Senate charter powers". nationthailand. 2025-12-11. Retrieved 2026-01-24.
  25. ^ "Chasing a new charter". Bangkok Post. 2025-12-18. Retrieved 2026-01-24.
  26. ^ "Charter vote question gets cabinet approval". Bangkok Post. 2025-12-19. Retrieved 2026-01-24.
  27. ^ "Nikorn Jamnong Supports New Constitution, Denies Blank Check Claim, Explains Four Key Reasons". Thairath. 13 January 2026. Archived from the original on 19 January 2026. Retrieved 19 January 2026.
  28. ^ "Anutin: Bhumjaithai won't touch Chapters 1–2, satisfied with 2017 charter". nationthailand. 2026-01-18. Retrieved 2026-01-19.
  29. ^ "PM stokes debate on charter". Bangkok Post. 2026-01-19. Retrieved 2026-01-19.
  30. ^ a b c d e f "เลือกตั้ง69: 7 พรรคหนุน 4 พรรคค้าน เปิดศึกประชามติชี้ชะตาแก้รัฐธรรมนูญ". PostToday. 14 January 2026. p. 1. Archived from the original on 14 January 2026. Retrieved 14 January 2026.
  31. ^ "Abhisit sees gains in South". Bangkok Post. 2026-01-14. Retrieved 2026-01-19.
  32. ^ a b "Major parties signal support for new constitution in Sunday's referendum". world.thaipbs.or.th. Retrieved 2026-02-08.
  33. ^ a b c "Appeal for full charter redo wanes". Bangkok Post. 2026-01-15. Retrieved 2026-01-17.
  34. ^ "Atthawit outlines hardline platform on graft, scams and energy". nationthailand. 2026-01-17. Retrieved 2026-01-19.
  35. ^ "เรื่องมันมีอยู่ว่า พรรคเศรษฐกิจแก้เกม'กู้ชื่อ' โชว์ '15ที่ปรึกษา'พล.อ.รังษีสู้ , 'โหวตโน'กับการทำประชามติ 'ระวัง'เข้าทาง'เห็นชอบ'". SPACEBAR TH. 13 January 2026. Archived from the original on 14 January 2026. Retrieved 14 January 2026.
  36. ^ "Rak Chart Party Declares Vote No to Reject Entire Constitutional Amendment Referendum". en.thairath.co.th. Retrieved 2026-01-17.
  37. ^ "Charter rewrite rivals make final appeals". Bangkok Post. 2026-02-07. Retrieved 2026-02-08.
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