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M Ravi files legal challenge against changes to EP scheme

SINGAPORE — Non-practising lawyer M Ravi has become the second person to mount a legal challenge against the changes recently passed to the Elected Presidency scheme, as the start of the electoral process draws nearer for the September polls.

SINGAPORE — Non-practising lawyer M Ravi has become the second person to mount a legal challenge against the changes recently passed to the Elected Presidency scheme, as the start of the electoral process draws nearer for the September polls.

He filed an application in the High Court yesterday, arguing that reserving elections for particular races goes against the Constitution — a challenge distinct from that by former presidential candidate Tan Cheng Bock.

Mr Ravi, who did not renew his practising certificate, said his application was made in the capacity of a private citizen but he will be arguing the case himself.

The High Court confirmed yesterday it has received Mr Ravi’s application, while a spokesperson of the Attorney-General’s Chambers said they will be studying the papers. No date has been set for the next hearing of Mr Ravi’s application.

Mr Ravi’s challenge centres on the constitutionality of reserving election cycles for particular racial groups, one of the changes passed in November last year to ensure minority representation in the highest office in the land from time to time.

Allowing a reserved election to be triggered when a minority race has not been elected President for five consecutive terms, Mr Ravi argues, is “discriminatory”. This is because it “deprives citizens the equal right to political participation and to stand for public office of the Elected Presidency, even if they possess the appropriate qualifications”.

These changes, Mr Ravi contends, violate the basic structure doctrine, a legal principle that holds that any constitutional amendment that goes against the key tenets of the Constitution shall be deemed invalid.

Earlier this month, Dr Tan, who had said he intended to mount a second bid for the presidency before these changes were announced, launched a legal challenge of a different aspect of the changes.

He argues that there has not been a long enough hiatus to trigger a reserved election, as the Government had done for the upcoming polls, for the Malay community, based on the AG’s advice.

The AG had said the count should start from Dr Wee Kim Wee, who was in office when the Elected Presidency scheme was instituted. Dr Wee was the first to be vested with the powers of an Elected President, as a result.

Since then, there have been three Presidents serving four terms in total, but none of them are Malays, therefore triggering a reserved election.

Dr Tan is challenging this method of counting the number of elected presidential terms. The medical doctor and former Member of Parliament from the People’s Action Party, who lost narrowly in the 2011 presidential election, argues that the count should start with Mr Ong Teng Cheong, Dr Wee’s successor. This would make it four terms since a Malay has been elected President, and the upcoming polls, should therefore, be open to candidates of all races.

Earlier in the day, Dr Tan’s court application was scheduled for hearing sometime in late June. A pre-trial conference on the matter heard in the High Court was attended by Deputy Attorney-General Hri Kumar Nair, representing the AGC, and Dr Tan’s lawyer Chelva Retnam Rajah.

Meanwhile, it was announced previously that prospective candidates can start applying for certification of their racial background from next month.

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