Powers of the Elected President

http://www.channelnewsasia.com/stories/singaporelocalnews/view/1134223/1/.html


In the early 1980s, Prof Jayakumar, who was then the law minister, was involved in drafting the White Papers and constitutional amendments on the Elected Presidency.

He said some candidates seem to imply that the president is a separate centre of power, distinct from the government and that he has certain executive powers. But Prof Jayakumar said this is not the case.

He said the president does have some discretionary custodial powers, mainly to do with reserves and key appointments.

He also has some custodial powers over detentions under the Internal Security Act, Corrupt Practices Investigation Bureau (CPIB) investigations and the Maintenance of Religious Harmony restraining orders.

Other than these specific areas, the president constitutionally has to act on the advice of the Cabinet and this is the legal position.

Prof Jayakumar said it would be good if Singaporeans, and especially aspiring candidates, are clear about this.

Otherwise, wrong expectations will be created about exactly what the president can and cannot do.



REPLY BY TAN KIN LIAN

I am aware of the role of the Elected President and the limitation of the President's powers as prescribed in the constitution. My understanding is the same as expressed by Mr. Jayakumar.  I thank the former Senior Minister, who I respect very much, for explaining these facts for the understanding  of the people of Singapore.

Some people have expressed the view that the President who is directly elected by people, hopefully with a clear majority, should have the moral authority to influence the government in reviewing some of its policies that have a significant negative impact on the lives and the future of Singaporeans. 

I hope that, within the limited constitutional powers, the Elected President can have an influence in these matters and that his or her contribution would be welcomed by the Government. Hopefully, this would benefit the people of Singapore and the improve our system of governance.

I will be giving more thought to what can or cannot be done, and how the objectives can be achieved and may issue a more detailed statement on this matter in a few days time.