Slides accompanying a lecture by Prof Kevin Tan. https://www.academia.sg/academic-views/lecture-kevin-tan-presidency/

1. Presidential Expectations
What the Constitution Requires & Political
Dynamics of Singapore’s Hybrid Head of State

2. 1968 – PAP wins 58 seats in general election.
Only 7 seats were contested. Thereafter
retains hegemonic hold on Parliament till
1980.
General Election Voter
Swing
1968 86.7%
1972 70.4% (16.3%)
1976 74.1% +3.7%
1980 77.7% +3.6%
Anson
1980 84.1%
1981 47.1% (37%)
Spectre of the ‘Freak Election’ !!!

3. ‘If you don’t have a system which allows change, and fundamental
change by consent, you will have a revolution by violence.’
Quoting Harold Laski (LSE)
We expect that if we are voted out, to stay out, and hope that within one term, that
new government, incompetent, unable to deliver, will be out. And there is enough core
competencies and the funds to enable a fresh PAP government to revive the system.
First we maintain the system that gives any Opposition the opportunity to displace us
peacefully. And we allow the system. We’ve not interfered with the civil service, we’ve
not interfered with the judiciary, we’ve not interfered with the Parliamentary
procedures, or the system; police and so on. And if you can win an election, so be it.
And at some time, some place, we will be unable to find a team that can equal an
opposition team. And that day, we deserve to be out. If we become corrupt, we become
inefficient, we can’t deliver, we’re out.
LKY on his EP Scheme
IPS 5th Anniversary Dinner Forum (2009)
If you have a freak
election result, will you
do the unthinkable and
send in the army?

4. Institutional Design Considerations
1. Preservation of parliamentary system of government
2. New mechanism must act quickly
3. New Institution must have high moral authority
4. President must have ministerial, high executive or
administrative experience to ‘balance the demands of
political expediency and the public interest
5. Entrenchment in the Constitution
Elected
President

5. Nightmare
Scenario – had
there been
another 14%
swing, PAP
would have been
out of power
(echoes of 37%
Anson swing
against PAP)
Journey of a Constitutional Institution
1984
LKY’s trial balloon on
Elected Presidency
1988
1st White Paper
proposing
constitutional changes
to transform Presidency
into elected office.
PAP secures 64.8% of
popular vote – 12.9%
swing against PAP who
loses Anson & Potong Pasir
1990
2nd White Paper issued
with final scheme.
1991
Constitution amended to
transform Presidency into
elected office.Tight
entrenchment through
referendum requirements –
never implemented.
1994
Removal of
defence and
security
spending
from
President’s
scrutiny.
2016
Constitution amended
to tighten
requirements on
private sector
candidates and provide
for ethically-based
reserved elections.
1995
Constitutional
Reference No 1
of 1995.
1996
Amendment to
provide for
Parliament
override over
EP’s veto over
public
appointments.
Amendment to
provide for utilization
of 50% of Net
Investment Income
2008

6. Term & Qualifications
1. President to be elected by citizens of Singapore
under Presidential Elections Act
2. Term of office is 6 years
3. Singapore citizen – (Art 19(2)
4. Aged 45 or above – Art 19(2)
5. Satisfy Presidential Elections Committee that s/he
is a person of ‘integrity, good character and
reputation’ – Art 19(2)(3)
6. Must have held high office for not less than 3
years under list prescribed in Arts 19(3) & 19(4).
Presidential Elections Committee – Article 18
1. Chairman of PSC [as Chairman]
2. Chairman of ACRA
3. Member of PCMR nominated by PCMR Chairman
4. Member or former member of CPA nominated by
Chairman of CPA
5. Person qualified to be High Court Judge nominated by
Chief Justice
6. Private sector member appointed by PM
• Power to regulate own procedure and fix quorum for
meetings
• Power to act notwithstanding any vacancy in
membership – Art 18(9)
• Decision ‘shall be final and shall not be subject to
appeal or review in any court’ – Art 18(12).

7. Qualifications
Article 19(3)(a)
At least 3 years as:
1. Minister
2. Chief Justice
3. Speaker
4. Attorney-General
5. Chairman of PSC
6. Auditor-General
7. Accountant-General
8. Permanent Secretary
Article 19(2)(g)(ii)
At least 3 years as:
Chairman or CEO of statutory
board in 5th
Schedule
1. CPF
2. HDB
3. JTC
4. MAS
5. GIC Pte Ltd
6. Temasek Holdings (Private)
Limited
Article 19(4)(a) + Article 19(7)
Chairman or CEO of company registered under
Companies Act with paid-up capital of at least S$500
million.
Amount may be increased if:
(a) All PEC members present recommendation to
Parliament; and
(b) Parliament resolves to do so.
Article 19(4)(b)(ii)
PEC ‘is satisfied’ having regard to the nature of the
office, the size and complexity of the private sector
organisation and the person’s performance in the
office, that the person has experience and ability
that is comparable to the experience and ability of a
person who has served as the chief executive of a
typical company with at least the minimum amount
of shareholders’ equity and who satisfies paragraph
(a) in relation to such service.’

8. The Reserved Election
Article 19B
19.—(1) An election for the office of President is
reserved for a community if no person belonging to
that community has held office of President for any
of the 5 most recent terms of the President.
19(6) Defines ‘community’ to mean (a) Chinese
Community; (b) Malay Community; or (c) Indian or
Other Minority Community.
‘a person belonging to the Chinese community’ means any
person who considers himself to be a member of the
Chinese community and who is generally accepted as a
member of the Chinese community by that community.
‘a person belonging to the Malay community’ means any
person, whether of the Malay race or otherwise, who
considers himself to be a member of the Malay Community
and who is generally accepted as a member of the Malay
community by that community.
‘person belonging to the Indian or other minority
communities’ means any person of Indian origin who
considers himself to be a member of the Indian community
and who is generally accepted as a member of the Indian
community by that community, or any person who belongs
to any minority community other than the Malay or Indian
community.

9. The Reserved Election
Article 19B
19.—(1) An election for the office of President is reserved for a community if no person belonging to that community has
held office of President for any of the 5 most recent terms of the President.
19(6) Defines ‘community’ to mean (a) Chinese Community; (b) Malay Community; or (c) Indian or Other Minority
Community.
2017–2023
Halimah Yacob
1965-1970
Yusof Ishak
1971–1981
BH Sheares
1981–1986
CV Devan Nair
1986–1993
Wee Kim Wee
1993–1999
Ong Teng Cheong
1999–2011
SR Nathan
2011-2017
Tony Tan
M I/O M
I/O I/O
C C
C

10. Presidential Powers
Pre-1991 1991 2016
Except as provided by the Constitution, the President shall… act in accordance with the
advice of the Cabinet or of a Minister acting under the general authority of the Cabinet – Art 21(1)
Appointment of the Prime Minister – Art 21(2)(a)
Withholding consent to request for dissolution of Parliament – Art 21(2)(b)
WITHHOLD ASSENT OR CONCURRENCE TO:
Any Bill under Articles 22E, 22H, 144(2) & 148A • President required to consult CPA
before exercising discretion.
• Unless supported by unanimous
decision of the CPA, the President’s
decision may be overridden by
Parliament with 2/3 majority
Appointments and budgets under Articles 22A and 22C
any guarantee given or loan raised by Government.
Transactions under Arts 22B(7), 22D(6) or 148G
Continued detention under ISA
Maintenance of Religious Harmony Act

11. The President’s ‘New’ Powers
1. withholding assent to any Bill under Articles
22E, 22H, 144(2) & 148A
2. Withholding concurrence and approval to the
appointments and budgets under Articles 22A
and 22C
3. Withholding concurrence under Art 144 to any
guarantee or loan to be given or raised by
Govt
4. Disapproving transactions referred to in Arts
22B(7), 22D(6) or 148G
5. Withholding concurrence for preventive
detention cases
6. Maintenance of Religious Harmony Act
• 22A – Appointment of Chairman of CPF, HDB, JTC or MAS
• 22C & 22D(6) – Appointment of director or CEO of GIC Pte Ltd;
MND Holdings (Private) Limited & Temasek Holdings (Private)
Limited or draw down of its reserves
• 22E – ‘varying, changing or increasing powers of CPF Board to
invest moneys belonging to the CPF
• 22H – ‘directly or indirectly; circumvent or curtain EP’s powers.
• 22B(7) – draw down of reserves of statutory boards
• 144(2) – direct or indirect ‘borrowing of money’, ‘giving of any
guarantee’ or ‘raising of any loan’
• 148A – Supply Bill that will draw down on reserves not
accumulated by Govt in its current term of office.
• 148G – draw down of reserves by Government which was not
accumulated during its current term of office

12. The Rise and Rise of the Council of Presidential Advisors
1991-2016 2016-Date
Art 37B (Composition)
2 members appointed by President
2 members appointed on advice of PM
1 member appointed on advice of PSC
Chairman
Art 37B
3 members appointed by President
3 members appointed on advice of PM
1 member appointed on advice of PSC Chairman
1 member appointed on advice of Chief Justice
Art 37L
Main function is ‘to advise and make
recommendations to the President on any
matter referred to the Council by the
President’ in the exercise of his discretion.
Art 37J
In relation to CPA’s advice on any Supply Bill,
it must indicate if it is unanimous, and state
grounds upon which the recommendation is
given.
Art 37IA
1. President must consult CPA before exercising discretion except:
• Concurrence for CPIB Investigations
• Restraining Order under Maintenance of Religious Harmony
Act
• Appointment of President’s personal staff
• Appointment of PM
• Dissolution of Parliament
2. CPA must indicate if advice is unanimous.
3. If President disagrees with CPA, Parliament may by 2/3 majority
override President’s non-concurrence (Art 37IF).

13. Persistent Issues & Difficulties
1. Entrenchment under Articles 5A, 5B and 5C in
abeyance. The old Article 5(2A) was kept in abeyance
for 25 years and then repealed in 2016. Why?
2. The problematic proxy of candidate requirements
3. Achieving a ‘mandate’ to check on the Government?
4. Avoiding a gridlock
5. Adequacy of check against the Government? Is the
back door open?
6. Can the Government circumvent the President’s
scrutiny?
7. Unenumerated roles of the President.
• Old Article 5(2A) – If President
refuses assent to a Bill to amend
his constitutional powers, this can
only be overridden if the
Government submits the Bill to a
national referendum and is
supported by two-thirds of the
total number of votes cast.
• New Articles 5A, 5B, 5C – Similar
requirements but only ‘more than
half of the total number of votes
cast’ at national referendum.

14. Mandates & High Moral Authority?
Candidate
Percentage
Votes Cast
Ong Teng
Cheong
58.69%
Chua Kim Yeow 41.31%
SR Nathan 0% or 100%?
Candidate % Votes Cast
Tony Tan 35.20%
Tan Cheng Bock 34.85%
Tan Jee Say 25.04%
Tan Kim Lian 4.91%
South Korea Constitution
67.—(3) If and when there is only one presidential candidate,
he shall not be elected President unless he receives one third
of the total eligible votes.
Two-Round System (TRS)
Run-Off System
Instant Run-Off System
Preferential Voting
France – Multiple candidates
reduced to best performing
2 candidates in final run-off
Voters rank all candidates in
order of priority. Preferences
are used to transfer votes of
those whose first preference
has been eliminated.

15. Is a Gridlock Avoidable?
Good
Government
Bad
Government
Good
President
(Ersatz PAP
‘Good man’)
Ong Teng
Cheong
Presidency
PAP Scenario
Bad President
Non-PAP
endorsed
President
?

16. Persistent Issues & Difficulties
1. Entrenchment under Articles 5A, 5B and 5C in
abeyance. The old Article 5(2A) was kept in abeyance
for 25 years and then repealed in 2016. Why?
2. The problematic proxy of candidate requirements
3. Achieving a ‘mandate’ to check on the Government?
4. Avoiding a gridlock
5. Adequacy of check against the Government? Is the
back door open?
6. Can the Government circumvent the President’s
scrutiny?
7. Unenumerated roles of the President.
• Old Article 5(2A) – If President
refuses assent to a Bill to amend
his constitutional powers, this can
only be overridden if the
Government submits the Bill to a
national referendum and is
supported by two-thirds of the
total number of votes cast.
• New Articles 5A, 5B, 5C – Similar
requirements but only ‘more than
half of the total number of votes
cast’ at national referendum.