the road to istana - smu.edu.sg · the road to the istana important that singaporeans get more time...

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Publication: TODAY, p 22 Date: 21 January 2011 Headline: The road to the lstana The road t o the Istana Important that Singaporeans get more time to know candidates aspiring to be their head of state election of the President by Singaporeans. That marked the culmination of a series of constitutional changes that began in the '80s. EUGENE K BTAN Between 1984and 1991,the Non-Con- stituency Member of Parliament, Nomi- M uch of the focus thus far in Singapore's nated MP, Group Representation Constit- political arena has been on the upcom- uencies, and the Elected President (EP) ing 11 th General Election, which is likely to were introduced as part of the concerted be called in the months after Parliament ap- evolution towards a homegrown political proves the Budget for the new financial year. system that catered to Singapore's specific But there is another major election political circumstancesand needs. slowly but surely creeping up on us. This The EP has two key custodial functions: is Singapore's fourth Presidential E l d o n , Protecting Singapore's financial assets,and which is due to take place sometime be- safeguarding the integrity of Singapore's tween June and August this year. public service. Before November 1991, the President had Whether it be drawing down our nation- a largely ceremonial role as the head of state. al reserves or the appointmept of key office He had very limited discretionary power, holders (suchas the ChiefJustice), the concur- acting mostly on the advice of the Cabinet. rence of the President is necessary.Although Earlier in January 1991, the Constitu- designed as an attempt to protect Singapore tion was amended to provide for the direct from an irresponsible or corrupt government, the EP is not a competing or countervailing source of political power. Unlike his American or French counterparts,he has no executive powers. He functions as a check but not a guarantee against poor governance. President S R Nathan has not yet indi- cated unequivocally whether he will seek re-election when his second term of office ends on Aug 31 this year. He will be 87 by the end of his term, and Singapore's longest-serving President. Given that the EP is not subject to any term limits, should President Nathan seek re-election, it would be reasonable to ask if his health would see him through a third term that would take him to 2017. Given the President's vanguard role as a defender of the Constitution, the Governmentacknowl- edged in 1999 that the health of the Presi- dent "is a matter of state as it can affect the proper functioning of a key institution in our political system". Although the Presidential Election isjust around the corner, Singaporeansstill do not know who the candidatesare for Singapore's top office. Will we only get to know when the electoral process is formally in motion? In 2005, former civil servant Andrew Kuan was subjected to intense public scruti- ny, particularly by his former employers, wen before he sought a certificate of eligibility. As a result, presidential aspirants may prefer to wait until just before they need to apply for a certificate of eligibility from the Presidential Elections Committee - shortly after the writ of electionsis issued - before announcing their bid. But should Singaporeans have to wait that long before they know the identity of the candidatesputting themselves forward? Our elections - parliamentary and presidential - are typically intensely short in duration. In 1993,lO days separated the nominationand polling days in the first and only contested Presidential Election. As a result of the high bar set for indi- viduals wanting to be President, only two certificates of eligibility were issued in the first Presidential Election in 1993.There was only one each in the 1999 and 2005elections. Given the stringentrequirements, poten- tial candidates are often likely to be former ministers, prominentlretired civil servants, or successful corporate chiefs. Equally likely is that any eligible candidate would be some- one familiar with, and to, the Establishment. This was the case with Presidents Ong Teng Cheong (a former Deputy Prime Minister) and Nathan (a former senior civil servant). But remember that the Presidential Election is a valuable opportunity for Sin- gaporeans to better appreciate and under- stand the central role played by the EP in our political system. Notwithstanding their track records, two weeks is simply too short a time to learn more and assess a candidate's suit- ability as the chief custodian of our national reserves and public service. There should be less coyness, and candidates should declare their intentions well in advance of the com- mencement of the formal electoral process. But, given the "walkover" in the past two Presidential Elections,will there even be a contest this time? A contest would go a longway towards educatingSingaporeans about the importance of exercising their democratic choice responsibly. As it is, an EP elected by default has been described cynically as the "(s)electedPresident". Will someone not identified with the Establishment step forward and seek elec- tion? Going by precedents, once a candi- date is supported by the Establishment, other potential candidates (whether previ- ously from the Establishment or not) are less keen to throw their hat into the ring. It is seen as a battle half-lost if they have to compete against someone who is sup- ported by the Establishment. While it is not for the Government to 'orchestrate'a contest; neither should it dis- courage a contest. Perhaps it should go even further, to encourage eligible Singaporeans to step forward and serve. It should studi- ously refrain from endorsing any candidate as well - even though there would be a natural assumption of endorsement if the candidate were a former Minister or the like. That brings us to the question of whether the Presidency is, or ought to be, "rotated" among the races? Thus far, all the major races have been represented. Singapore's first president was Yusof Ishak (1965-1970; 1959-1965as Yang di-Pertuan Negara). Since then, we have had a Eurasian (BenjaminHSheares,1971-81).an Indian (Devan Nair, 1981-85) and two Chi- nese (Wee Kim Wee, 1985-93 and Ong Teng Cheong, 1993-99) before the incumbent S R Nathan (1999-to date). Notwithstanding the expectation within some quarters of the Malay community that it is time for a Malay President, I am not in favour of rota- tion among the races for the sake of rotation When we secured self-government in 1959and in the throes of our independence in 1965, having a Malay head of state was a powerful symbol of inclusiveness and geopolitical nous: Given our meritocratic ethos and the demands placed on the Elected President today, it is imperative that the best person gets elected - regardless of race. And voters need ample time to know the candidates well and make up their minds. rn Eugene KB Tan is assistant professor of law at the Singapore Management University School of l a w .

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Page 1: The road to Istana - smu.edu.sg · The road to the Istana Important that Singaporeans get more time to know candidates aspiring to be their head of state election of the President

Publication: TODAY, p 22 Date: 21 January 201 1 Headline: The road to the lstana

The road to the Istana Important that Singaporeans get more time to know candidates aspiring to be their head of state

election of the President by Singaporeans. That marked the culmination of a series of constitutional changes that began in the '80s.

EUGENE K BTAN Between 1984 and 1991, the Non-Con- stituency Member of Parliament, Nomi-

M uch of the focus thus far in Singapore's nated MP, Group Representation Constit- political arena has been on the upcom- uencies, and the Elected President (EP)

ing 11 th General Election, which is likely to were introduced as part of the concerted be called in the months after Parliament ap- evolution towards a homegrown political proves the Budget for the new financial year. system that catered to Singapore's specific

But there is another major election political circumstances and needs. slowly but surely creeping up on us. This The EP has two key custodial functions: is Singapore's fourth Presidential E l d o n , Protecting Singapore's financial assets, and which is due to take place sometime be- safeguarding the integrity of Singapore's tween June and August this year. public service.

Before November 1991, the President had Whether it be drawing down our nation- a largely ceremonial role as the head of state. al reserves or the appointmept of key office He had very limited discretionary power, holders (such as the ChiefJustice), the concur- acting mostly on the advice of the Cabinet. rence of the President is necessary. Although

Earlier in January 1991, the Constitu- designed as an attempt to protect Singapore tion was amended to provide for the direct from an irresponsible or corrupt government,

the EP is not a competing or countervailing source of political power. Unlike his American or French counterparts, he has no executive powers. He functions as a check but not a guarantee against poor governance.

President S R Nathan has not yet indi- cated unequivocally whether he will seek re-election when his second term of office ends on Aug 31 this year. He will be 87 by the end of his term, and Singapore's longest-serving President.

Given that the EP is not subject to any term limits, should President Nathan seek re-election, it would be reasonable to ask if his health would see him through a third term that would take him to 2017. Given the President's vanguard role as a defender of the Constitution, the Government acknowl- edged in 1999 that the health of the Presi- dent "is a matter of state as it can affect the proper functioning of a key institution in our political system".

Although the Presidential Election is just around the corner, Singaporeans still do not know who the candidates are for Singapore's top office. Will we only get to know when the electoral process is formally in motion?

In 2005, former civil servant Andrew Kuan was subjected to intense public scruti- ny, particularly by his former employers, wen before he sought a certificate of eligibility.

As a result, presidential aspirants may prefer to wait until just before they need to apply for a certificate of eligibility from the Presidential Elections Committee - shortly after the writ of elections is issued - before announcing their bid.

But should Singaporeans have to wait that long before they know the identity of the candidates putting themselves forward?

Our elections - parliamentary and presidential - are typically intensely short in duration. In 1993,lO days separated the nomination and polling days in the first and only contested Presidential Election.

As a result of the high bar set for indi- viduals wanting to be President, only two certificates of eligibility were issued in the first Presidential Election in 1993. There was only one each in the 1999 and 2005 elections.

Given the stringent requirements, poten- tial candidates are often likely to be former ministers, prominentlretired civil servants, or successful corporate chiefs. Equally likely is that any eligible candidate would be some- one familiar with, and to, the Establishment. This was the case with Presidents Ong Teng Cheong (a former Deputy Prime Minister) and Nathan (a former senior civil servant).

But remember that the Presidential Election is a valuable opportunity for Sin- gaporeans to better appreciate and under- stand the central role played by the EP in our political system.

Notwithstanding their track records,

two weeks is simply too short a time to learn more and assess a candidate's suit- ability as the chief custodian of our national reserves and public service. There should be less coyness, and candidates should declare their intentions well in advance of the com- mencement of the formal electoral process.

But, given the "walkover" in the past two Presidential Elections, will there even be a contest this time? A contest would go a long way towards educating Singaporeans about the importance of exercising their democratic choice responsibly. As it is, an EP elected by default has been described cynically as the "(s)elected President".

Will someone not identified with the Establishment step forward and seek elec- tion? Going by precedents, once a candi- date is supported by the Establishment, other potential candidates (whether previ- ously from the Establishment or not) are less keen to throw their hat into the ring. It is seen as a battle half-lost if they have to compete against someone who is sup- ported by the Establishment.

While it is not for the Government to 'orchestrate' a contest; neither should it dis- courage a contest. Perhaps it should go even further, to encourage eligible Singaporeans to step forward and serve. It should studi- ously refrain from endorsing any candidate as well - even though there would be a natural assumption of endorsement if the candidate were a former Minister or the like.

That brings us to the question of whether the Presidency is, or ought to be, "rotated" among the races?

Thus far, all the major races have been represented. Singapore's first president was Yusof Ishak (1965-1970; 1959-1965 as Yang di-Pertuan Negara). Since then, we have had a Eurasian (Benjamin H Sheares, 1971-81). an Indian (Devan Nair, 1981-85) and two Chi- nese (Wee Kim Wee, 1985-93 and Ong Teng Cheong, 1993-99) before the incumbent S R Nathan (1999-to date). Notwithstanding the expectation within some quarters of the Malay community that it is time for a Malay President, I am not in favour of rota- tion among the races for the sake of rotation

When we secured self-government in 1959 and in the throes of our independence in 1965, having a Malay head of state was a powerful symbol of inclusiveness and geopolitical nous:

Given our meritocratic ethos and the demands placed on the Elected President today, it is imperative that the best person gets elected - regardless of race.

And voters need ample time to know the candidates well and make up their minds. rn

Eugene KB Tan is assistant professor of law at the Singapore Management University

School of law.