Constitutional

Discretionary Powers

In certain key areas, the President can act at his discretion. These include decisions to veto measures that are likely to draw on the nation's past reserves and key public service appointment. These powers provide an important check within Singapore’s system of governance.

The President consults the Council of Presidential Advisers in these areas.

All fiscal matters touching on Singapore's reserves

As the guardian of Singapore’s Past Reserves, the President has the discretion to veto any budget or transaction (e.g., giving of guarantees or raising of loans) if it is likely to result in a draw on Singapore’s Past Reserves.

These Past Reserves comprise the past reserves of the Government and key statutory boards and government companies (SBGC) listed under the Fifth Schedule to the Constitution. The Fifth Schedule entities are GIC Pte Ltd, Temasek Holdings Pte Ltd, the Housing and Development Board (HDB), Monetary Authority of Singapore (MAS), Central Provident Fund Board (CPFB) and Jurong Town Corporation (JTC).

Appointment of key office holders

To ensure the impartiality of the public sector and government companies, the President can veto the appointment or removal of:

• Key office holders in the public service listed in Article 22 of the Constitution such as the Chief Justice, Judges of the Supreme Court, Attorney-General, Auditor-General, Director of Corrupt Practices Investigation Bureau, Chairman and members of the Public Service Commission, Chief of Defence Force and Commissioner of Police;

• Any chairman, board member or CEO of a Fifth Schedule Statutory Board (Article 22A of the Constitution); and

• Any director or CEO of a Fifth Schedule Government Company (Article 22C of the Constitution)

Detention orders, investigations and restraining orders

Internal Security Act

If the Government disagrees with the recommendation of the ISA advisory board to release a detainee, it must obtain the President's concurrence to continue the detention (Article 151(4) of the Constitution).

Corrupt Practices Investigation Bureau

CPIB investigations may be carried on with the President's concurrence, even if the Prime Minister does not consent.

Maintenance of Religious Harmony Act

Under Article 22I of the Constitution, the President may cancel or vary a restraining order if the advice of the Cabinet differs from the Presidential Council for Religious Harmony's recommendation.

Non-discretionary Powers

For most other matters, the President acts on the advice of the Cabinet or a minister authorised by Cabinet. This reflects the President’s constitutional role as Head of State in a system where executive authority lies with the Prime Minister and the Cabinet.

Matters in which the President has no discretion and must act with the advice of the Cabinet or a Minister.

Example:

• The pardon of a person convicted of an offence.

• The appointment of Ministers.