Proposal to have legal expert on bigger Presidential Elections Committee

SINGAPORE — The Constitutional Commission reviewing the Elected Presidency has proposed doubling the size of the Presidential Elections Committee (PEC) to include a member with legal expertise, for example, as it takes on more responsibilities in deciding on eligible presidential candidates with the tightened criteria.

The committee could add three more members from its current three, and they must have the following background: A retired High Court judge or legal expert nominated by the Chief Justice; a current or former member of the Council of Presidential Advisers (CPA) nominated by the council’s chairman; and a private-sector nominee backed by the Prime Minister.

“Since the PEC would have to engage in some degree of constitutional interpretation when deciding whether the requirements stipulated ... have been satisfied, the PEC would benefit from having a legal expert within its ranks,” the commission said in its proposal. However, it disagreed with the idea to allow the PEC’s decision to be challenged in court through a judicial review or an appeal. This is because it would “entail the judiciary being asked to make decisions which are, in substance, political”.

The retired judge or legal expert nominated by the Chief Justice to sit on the committee would be enough to ensure decisions are reached “in a manner that is procedurally fair”.

On the proposal to have a member with the CPA background, it said that this would bring to the table “a unique insight” into the President’s job, while the private-sector member would offer “valuable perspectives” on whether an applicant’s company credentials made the cut.

The idea to expand the PEC was first pitched by former Cabinet Minister S Dhanabalan during a public hearing in May, when the commission was deliberating changes. Existing members include the Public Service Commission Chairman, who heads the committee, the Accounting and Corporate Regulatory Authority chairman, and a Presidential Council for Minority Rights member.

Factoring in written and oral submissions made by Singapore Management University’s law dons that included Associate Professor Eugene Tan, Assistant Professor Jack Lee and others, the commission also proposed that the PEC should explain — in private — why it rejects applicants, to make proceedings transparent and accountable. “However, the commission does not think that the PEC should publicise its reasons for rejecting an application, because that could discourage persons from stepping forward to run for office, for fear of the embarrassment of ... having the reasons for the rejection made public.”

Separately, the commission suggested reviewing the timing for the application of a certificate of eligibility, to give the PEC sufficient time to check on an applicant’s eligibility. VALERIE KOH