SINGAPORE: The Elections Department had set out the powers of the President in an explanatory note, which the three presidential candidates, Mr Tharman Shanmugaratnam, Mr Ng Kok Song and Mr Tan Kin Lian, had to read before they submitted their nomination papers.

The powers of the President are also set out on the Elections Department website and the President’s website, istana.gov.sg

The President is the Head of State and holds office for a term of six years. The President stands above party politics and, therefore, cannot be a member of a political party.

The President has two important roles — first, as a symbol and unifier of a diverse and multi-racial Singapore, and second, as a custodian of the nation’s past reserves and the integrity of the public service.

As the Head of State, the President is the symbol of national unity and presides over important national events, such as the National Day Parade and the Opening of Parliament.

The Constitution requires the President to act on the Cabinet’s advice in exercising his functions, except in specific areas where the Constitution empowers the President to act in his discretion.

The President’s custodial powers

The Constitution confers on the President a number of custodial powers. These powers enable the President to veto certain proposed measures, notwithstanding the advice tendered by the Cabinet. These custodial powers fall into three broad categories.

The first category concerns Singapore’s past reserves (that is, the reserves which were not accumulated during the present term of the Government). The President is empowered to veto and, if he so decides to veto, measures taken by Parliament or the Government that he considers would draw on past reserves. For example, the President can refuse to assent to a Supply Bill passed by Parliament if, in his opinion, the Bill would draw on the Government’s past reserves. This also extends to key statutory boards (CPF Board, HDB, MAS and JTC) and key Government companies (Temasek and GIC). The President can disapprove the budgets and transactions of these entities if he considers that they draw on the entities’ past reserves.

The second category concerns the Public Service. The President can veto appointments to key public offices, including the Chief Justice and the Judges of the Supreme Court; the Chief of Defence Force and the Service Chiefs of the Singapore Armed Forces; the Commissioner of Police; the Attorney-General; the Director of the Corrupt Practices Investigation Bureau, and the Chairman and members of the Public, Judicial and Legal Service Commissions. The President can also veto the removal of individuals from these appointments.

The third category serves a protective function. The President can authorise an investigation by the Director of the Corrupt Practices Investigation Bureau if the Prime Minister refuses to give such authorisation. The President’s concurrence is required for a person to be detained under the Internal Security Act if the ISA advisory board recommends against the detention. The President can also cancel or vary a restraining order made under the Maintenance of Religious Harmony Act if the Cabinet’s advice is contrary to the recommendation of the Presidential Council for Religious Harmony.

The Council of Presidential Advisers

The President must consult the Council of Presidential Advisers while exercising his (or her) powers on matters related to Singapore’s past reserves and the public service. If the President exercises a veto contrary to the recommendation of the Council, Parliament can vote to overrule the President. A motion to overrule the President must be supported by not less than two-thirds of the total number of MPs (excluding nominated MPs).

The President must be politically neutral

As the symbol of national unity, the President must be and be seen to be, politically neutral. The President has no independent political role and must not get involved in political or controversial issues. This way, the President stays above the political fray.

Publicly, the President must speak and act in accordance with the advice of the Cabinet, especially when expressing views on legislation or Government policy. The exception is matters related to the President’s custodial powers, where the President acts at his discretion and is naturally entitled to explain to the public how he has exercised or intends to exercise these powers.

In private discussions with the Prime Minister, the President can share his advice freely, but these discussions must remain confidential.

What the President can also do

Veto appointments to key statutory boards (CPF Board, HDB, MAS and JTC) and key Government companies (Temasek and GIC).

Veto the Expected Long-Term Real Rate of Return (ELTRROR) proposed annually by the key statutory boards and Government companies.

Veto Supply Bills that draw on the Government’s past reserves.

Deliver the Address at the Opening of Parliament, drafted by the Government and sets out the Government’s agenda.

Represent Singapore internationally in accordance with the foreign policy and advice of the Government.

What the President cannot do

Appoint his (or her) own preferred candidates for these key appointments.

Decide on the investment policies of these investment entities.

Veto Bills that increase tax rates.

Express public views on legislation or Government policy without being advised by the Government.

Pursue a different foreign policy from the Government.