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SINGAPORE: The debate over when the Prime Minister should call a by-election in the vacant ward of Hougang has sparked a sharp exchange between Bishan-Toa Payoh GRC MP Hri Kumar and new Nominated MP Eugene Tan.
Over the last nine days, Mr Hri Kumar, a Senior Counsel, and Assistant Professor Tan, a law lecturer at the Singapore Management University, have written to Today trading legal arguments and personal views on the issue.
The exchange was triggered by a commentary by Asst Prof Tan published in this newspaper on Feb 20. This sparked a robust response from Mr Hri Kumar, which in turn drew a reply from Asst Prof Tan. The latest salvo was another reply on Tuesday from Mr Hri Kumar.
In his latest letter published in the newspaper's Voices Section on Wednesday, Mr Hri Kumar reiterated that when a General Election or a by-election is to be called is "entirely at the discretion of the Prime Minister. There is no obligation to call an immediate by-election."
Mr Hri Kumar added: "Contrary to what (Asst Prof Tan) wrote, Article 49 of the Constitution does not say that an election shall be 'called' to fill a vacant seat. It simply prescribes that the vacant seat 'shall be filled by election'."
Asst Prof Tan had argued in a letter published on Feb 28 that the PM's "discretionary power vis-a-vis by-elections is not an unfettered one". He wrote: "The PM should explain if he decides against or delays for an extended period of time calling a by-election. This accords with accountability and transparency. It assures Singaporeans that his decision is not based on narrow party interests."
THE COMMENTARY THAT TRIGGERED THE EXCHANGE
Asst Prof Tan had first called on the government to state its reasons, if it decides to delay or not to hold a by-election in Hougang, in his commentary published on Feb 20.
He wrote: "While the Prime Minister has the prerogative on the timing, I would argue that this does not extend to his having an unfettered discretion to delay the calling of a by-election indefinitely.
"In most instances, it has to be called within a reasonable time, or certainly without an inordinate delay. In short, the 'default' position should be that a by-election should be automatic, although there is no hard and fast rule on the timing."
Asst Prof Tan's commentary invited a robust response from Mr Hri Kumar a few days later, on Feb 24. Mr Hri Kumar argued there is "a reason the Singapore Constitution does not prescribe any time limit to call a by-election".
Mr Hri Kumar said: "Our parliamentary democracy is based on the principle that elections are fundamentally about voters choosing between different political parties to lead the country, rather than between individual candidates standing in a constituency. In general elections, the issue is which party should form the government."
He added: "Hence, under our system, if any Member of Parliament (MP) resigns or is expelled from his party, he loses his seat because voters had elected him as a representative of his party."
WP VOTED AGAINST BY-ELECTION MOTION
In his latest letter, Mr Hri Kumar also pointed out that the Workers' Party had voted with the People's Action Party to defeat a motion in 2008 - proposed by two Nominated MPs - that suggested, among other things, mandated by-elections be called within three months from the date an MP vacates his seat.
Mr Hri Kumar noted that the WP voted this way after its two MPs then - WP secretary-general Low Thia Khiang and party chair Sylvia Lim - had tried unsuccessfully to amend the motion to call for the Group Representation Constituency system to be abolished.
The WP's stance was also discussed on Tuesday on WP MP Pritam Singh's Facebook page, with some Facebook users questioning why the Opposition party voted against the motion. Mr Singh replied that WP did so because the motion "entrenches the GRC system, something the WP is fundamentally against".
Ms Lim had supported the proposal to have a three-month time-frame for by-elections, Mr Singh noted. Responding to a Facebook user, Mr Singh explained that MPs "can't agree with half a motion".
- TODAY
:o
Farkin Hell, they look quite similiar.. Are these PAP Ah Nehs long lost brothers..???
