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Thursday, 01 March 2012 10:23

Shall, may, must, ought - a by-word on a by-election

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I have been following with interest the recent exchange of letters between Hri Kumar and Eugene Tan in the TODAY newspaper, regarding the issue of calling a by-election in Hougang.

With all due respect to lawyers and legal academics, the debate on the constitutional requirements of having a by-election is irrelevant to most ordinary citizens. The legal interpretations that turn on the words ‘shall’, ‘must’, ‘may’,  ‘at convenient speed’, and whether an election can either be a General Election or By-Election is frankly over the heads of non-legally trained people (and frankly it does not interest us as much).

I think the operative word that has been lost in the debate is ‘ought’. Ought the Prime Minister call a by-election as soon as possible? In my opinion, this is a more important question than the constitutional debate by legal experts.

In this case, I think it is an unequivocal yes. However one interprets the constitution, Hougang is a Single Member Ward that has no other elected Member of Parliament serving its constituents. This is very different from a GRC where the loss of one member still means that other elected team members can serve the people that elected them.

Therefore, the Prime Minister ought to call a by-election as soon as possible.

But the most important fact that people are missing is that the PM never said that he will not call a by-election, just that the nation has other pressing issues that need attending to. And in case people have not noticed, the Yaw Shin Leong affair happened just before the Budget Debates and his seat was only declared vacated on the first day of the Budget Debates.

This was two days ago.

We should have more patience than to jump to conclusions that the PM is not going to call a by-election or he is delaying the calling of one. I re-iterate – the seat has only been officially vacant for TWO DAYS.

I am sure that once the Budget debates are over, the Prime Minister will make a decision to hold a by-election.

In the meantime, we should focus on a very important Budget debate, instead of getting carried away with the ‘shalls’, the ‘musts’ and the different shades of ‘mays’.

By Calvin Cheng, former Nominated Member of Parliament.


Calvin also blogs at: http://beyondtheemotive.blogspot.com


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  • by election
  • Calvin Cheng
  • Beyond the Emotive
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3 comments

  • Comment Link Hougang Resident Monday, 05 March 2012 10:58 posted by Hougang Resident

    Yes, we can wait. But it does not mean that we should refrain from voicing our opinions about the need for a by election.

    It is clear that PAP does not have the fortitude to call for one. It has already sent its lawyer-hatchet-man to test the ground by sprouting spurious arguments about the constitutional requirements for a by election.

    Certainly, we will wait certainly - with bated breath, to see the next move PAP comes up with to deny Hougang residents a voice in Parliament.

  • Comment Link Rajiv Chaudhry Friday, 02 March 2012 15:54 posted by Rajiv Chaudhry

    To take Mr Hri Kumar Nair's contention on the basis for Singapore elections as a contest between political parties and not individuals to its logical conclusion, there should be no need to field candidates in elections at all. All political parties need to do are to field slates of candidates on a national basis and voters can chose between the parties. Surely this is not the basis for elections in Singapore?

    Slates of candidates are fielded in Proportional Representation systems of government, a system which our Prime Minister is on record as being against.

    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." See http://www.channelnewsasia.com/stories/singaporelocalnews/view/1185944/1/.html

    Mr Nair is playing electoral politics. To leave a large block of voters unrepresented in parliament is, quite simply, undemocratic.

  • Comment Link Sgcynic Thursday, 01 March 2012 14:05 posted by Sgcynic

    We shall await PM's decision at his convenient speed, to the limit of our patience. Being one who has limited reserves of trust and goodwill, time is short.

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