This blog provides a platform for further discussion on the Office of the Elected Presidency. All views are welcome. The site is moderated and posts that are racist, libelous or offensive in some manner will be referred back to the sender. This site closes on 16 August 2011.
Role and Scope. Article 21(1) of Singapore’s Constitution states that the President shall exercise all the functions under the Constitution “in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet” with some exceptions. The exceptions are stated in Article 21(2), and the speakers at the Forum highlighted the following exceptions: withholding of consent to the use of reserves and key appointments in the public service; withholding of concurrence with the Government on preventative detention; giving concurrence to the Director of the Corrupt Practices Investigation Bureau to proceed with an investigation; and the power to overrule the Government on its decision to issue restraining orders under the Maintenance of Religious Harmony Act. The President must consult with the Council of Presidential Advisers in performing his functions relating to the reserves and appointments. The Elected President has an important ceremonial role as the Head of State, but also these ‘custodial’ powers. The President also has frequent closed-door discussions with the Head of Government (the Prime Minister) and can share his concerns on national issues with him.
Can the President do more than what is expressly stated in the Constitution? Should he?
Balancing the Power of the Institutions. The Forum examined the constitutional limits of the Presidency. The office functions within the context of a Parliamentary system that gives the executive power to the Prime Minister and his Cabinet. Participants asked if Singapore would benefit from having a more pro-active President whose moral authority could be called upon to provide a sense of calm in times of social unrest, for instance, or improve services for the disabled. The speakers explained that the sense of the President being above the fray would be compromised if he publicly comments on public policy beyond the scope dictated by the Constitution.
If the President were to speak up on issues beyond those prescribed by the Constitution, would it affect his non-partisan, unifying role, and circumvent Singapore’s parliamentary system of government?
Selection Process. The process of pre-qualifying people who wish to run for the Office of Elected Presidency by the Presidential Election Committee (PEC) was discussed. The system is designed to allow the PEC to establish who has the necessary skills and expertise to wield the functions of the Elected President. Speakers suggested that the process is a very critical one and one of them suggested that the PEC should account for its decision in some manner to maintain a high level of trust in the system.
Is this the ideal process? Does it absolve citizens of the responsibility to investigate the suitability of candidates themselves instead of depending on the PEC to determine who is eligible and who isn’t?
More about the IPS Forum on 5 August 2011 can be found here.
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