Criteria for Presidential Candidate

The President

17. —(1) There shall be a President of Singapore who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.

(2) The President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature.

(3) Any poll for the election of President shall be held as follows:

(a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or

(b) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.

Presidential Elections Committee

18. —(1) There shall be a Presidential Elections Committee whose function is to ensure that candidates for the office of President have the qualifications referred to in paragraph (e) or (g) (iv) or both such paragraphs of Article 19 (2), as the case may be.

(2) The Presidential Elections Committee shall consist of —

(a) the Chairman of the Public Service Commission;

(b) the Chairman of the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004 (Act 3 of 2004); and

(c) a member of the Presidential Council for Minority Rights nominated by the Chairman of the Council.

(3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf.

(4) The office of the member of the Presidential Elections Committee nominated under clause (2) (c) shall become vacant if the member —

(a) dies;

(b) resigns from office by a letter in writing addressed to the chairman of the Committee; or

(c) has his nomination revoked by the Chairman of the Presidential Council for Minority Rights,

and the vacancy shall be filled by a new member nominated by the Chairman of the Presidential Council for Minority Rights.

(5) If the member of the Presidential Elections Committee referred to in clause (2) (b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.

(6) The Presidential Elections Committee may regulate its own procedure and fix the quorum for its meetings.

(7) The Presidential Elections Committee may act notwithstanding any vacancy in its membership.

(8) Parliament may by law provide for the remuneration of members of the Presidential Elections Committee and the remuneration so provided shall be charged on the Consolidated Fund.

(9) A decision of the Presidential Elections Committee as to whether a candidate for election to the office of President has fulfilled the requirement of paragraph (e) or (g) (iv) of Article 19 (2) shall be final and shall not be subject to appeal or review in any court.

Qualifications and disabilities of President

19. —(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.

(2) A person shall be qualified to be elected as President if he —

(a) is a citizen of Singapore;

(b) is not less than 45 years of age;

(c) possesses the qualifications specified in Article 44 (2) (c) and (d);

(d) is not subject to any of the disqualifications specified in Article 45;

(e) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;

(f) is not a member of any political party on the date of his nomination for election; and

(g) has for a period of not less than 3 years held office —

(i) as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;

(ii) as chairman or chief executive officer of a statutory board to which Article 22A applies;

(iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or

(iv) in any other similar or comparable position of seniority and responsibility in any other organisation or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.

(3) The President shall —

(a) not hold any other office created or recognised by this Constitution;

(b) not actively engage in any commercial enterprise;

(c) not be a member of any political party; and

(d) if he is a Member of Parliament, vacate his seat in Parliament.

(4) Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to —

(a) if he is a member of any political party, resign as a member of that party; or

(b) vacate his seat in Parliament or any other office created or recognised by this Constitution.

Term of office

20. —(1) The President shall hold office for a term of 6 years from the date on which he assumes office.

(2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.

(3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.

Discharge and performance of functions of President

21. —(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.

(2) The President may act in his discretion in the performance of the following functions:

(a) the appointment of the Prime Minister in accordance with Article 25;

(b) the withholding of consent to a request for a dissolution of Parliament;

(c) the withholding of assent to any Bill under Article *5A, 22E, 22H, 144 (2) or 148A;

*Article 5A was not in operation at the date of this Reprint.

(d) the withholding of concurrence under Article 144 to any guarantee or loan to be given or raised by the Government;

(e) the withholding of concurrence and approval to the appointments and budgets of the statutory boards and Government companies to which Articles 22A and 22C, respectively, apply;

(f) the disapproval of transactions referred to in Article 22B (7), 22D (6) or 148G;

(g) the withholding of concurrence under Article 151 (4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated in pursuance of Part XII;

(h) the exercise of his functions under section 12 of the Maintenance of Religious Harmony Act (Cap. 167A); and

(i) any other function the performance of which the President is authorised by this Constitution to act in his discretion.

(3) The President shall consult the Council of Presidential Advisers before performing any of his functions under Articles 22, 22A (1), 22B (2) and (7), 22C (1), 22D (2) and (6), 144, 148A, 148B and 148G.

(4) Except as otherwise provided in clause (3), the President may, in his discretion, consult the Council of Presidential Advisers before performing any of his functions referred to in clause (2) (c) to (i).

(5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —

(a) functions exercisable in his discretion; and

(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.