Entrenchment provisions to be revised, says government

Singapore

FOR a Constitution to be workable, it must remain a living document over time - one that continually evolves and keeps pace with changing conditions, said the Singapore government on Thursday in a White Paper.

For this reason, the government will revise entrenchment provisions related to the elected presidency - but bring changes into force only after some time. This would allow an assessment of how the institution works over time, so that further refinements can be made if necessary.

The government was responding to the Constitutional Commission's report, which had flagged how provisions entrenching the president's discretionary powers are still not in force - despite entering into law more than two decades ago.

Entrenchment refers to specific mechanisms that safeguard potential curtailment or circumvention of the president's discretionary powers. It grants the president, for example, an effective veto over any proposed amendment of certain core provisions, which can only be overridden by Parliament if it acts with the support of two-thirds of the electorate voting at a national referendum.

Parliament had earlier suspended the entry into force of these entrenching provisions, so that constitutional amendments could be made to fine-tune the elected presidency - without the potential hurdle of having to convene a national referendum each time.

Noting that these provisions should not be suspended indefinitely, the Commission said in its report: "After 25 years, the government should decide whether to bring these provisions into force or repeal them in whole or in part. This, too, is ultimately a matter for political judgment."

In response, the government said it intends to introduce a recalibrated entrenchment framework - one that "aims for a workable balance between preserving the adaptability of the Constitution to changing circumstances, and providing the stability through a sufficiently rigid Constitution".

Law Minister K Shanmugam added: "We think we need to redraft the entrenchment provisions in a way that will be difficult to amend, but not impossible."

The new framework comprises two tiers: the first applies to the elected presidency as an institution; and the second, the president's core custodial functions relating to financial reserves and key appointments (see flow chart).

Provisions that do not relate to these core areas will be subject to the normal constitutional amendment process - where a two-thirds Parliamentary majority vote must be met, before any amendment can be made.

The revised framework will also accord "appropriate weight" to the advice and recommendations of the Council of Presidential Advisers (CPA). This is in contrast to the current entrenchment framework, which does not accord any constitutional or legal weight to the advice of the CPA.

The government noted in its White Paper: "The next question is when the entrenchment provisions should come into operation. The government has explained previously that it is best to let some time pass, see how the institution works over time, before entrenching.

"The fact that there are good reasons for revising the entrenchment provisions now shows that it was wise to have not entrenched them. Likewise, the question of when to bring into force the revised entrenchment provisions should be considered some period after the upcoming set of amendments have been in operation."

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