The Constitutional Court ruled that the emergency decree authorizing the 4 billion baht loan does not violate the Constitution.

The Constitutional Court ruled by a majority vote that the Emergency Decree on Energy Transition Loan B.E. 2569 (2026), totaling 400 billion baht, does not violate the Constitution, both in terms of providing assistance to the public and facilitating the energy transition.

9 Jul 2569 The Constitutional Court unanimously ruled that the Emergency Decree authorizing the Ministry of Finance to borrow money to address the impact of the energy crisis and create a national energy transition in 2569 is invalid. The first part, in Section 5, paragraph one, which states that “Loan under this Royal Decree shall be used … (1) to assist people, farmers and entrepreneurs who are affected by the energy crisis situation” is in accordance with the Constitution, Section 172, paragraph one.

The Constitutional Court ruled by a majority of 7 to 2. That is, Mr. Nakarin Mektrirat, Mr. Udom Sitthivirachatham, Mr. Wirun Saengtian, Mr. Napadol Theppitak, Mr. Banjongsak Wongprach, Mr. Sumet Roykulcharoen and Mr. Sarawut Songsiwilai judged that the Emergency Decree authorizing the Ministry of Finance to borrow money to address the impact of the energy crisis and create an energy transition for the country, B.E. 2569, Part 2, which is Section 5, paragraph one, specifically the part that states “(2) to promote and support the efficient use of energy, to support the transition from reliance on fossil fuels to the use of renewable and alternative energy technologies by the government, private sector, communities and the general public, in a timely manner, as well as to develop the skills of the people and innovations in this matter,” is in accordance with the Constitution, Section 172, paragraph one.

while Two dissenting judges of the Constitutional Court. That is, Mr. Jiranit Hawanont and Mr. Udom Rattamarit are of the opinion that Section 5, paragraph one of the Royal Decree authorizing the Ministry of Finance to borrow money to resolve the impact of the energy crisis and create an energy transition for the country, B.E. 2569, specifically the part that states “(2) a limit of 200,000 million baht” is not in accordance with Section 172, paragraph one of the Constitution.

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