The Presidential Council for Minority Rights (PCMR) is a non-elected government body in Singapore established in 1970, the main function of which is to scrutinize most of the bills passed by Parliament to ensure that they do not discriminate against any racial or religious community. If the Council feels that any provision in a bill amounts to a differentiating measure, it will report its findings to Parliament and refer the bill back to Parliament for reconsideration. The council also examines subsidiary legislation and statutes in force on 9 January 1970. One member of the PCMR is nominated by the chairman to the Presidential Elections Committee, which is empowered to ensure that candidates for the office of President have the qualifications required by the Constitution. The President also appoints and dismisses the chairman and members of the Presidential Council for Religious Harmony ("PCRH"), established by the , on the advice of the PCMR, and the PCMR is responsible for determining whether PCRH members who are not representatives of major religions in Singapore have distinguished themselves in public service or community relations in Singapore.

The council is made up of its Chairman (as of 6 November 2012 the Chief Justice of Singapore, Sundaresh Menon), up to ten permanent members who are appointed for life, and up to ten ordinary members who are appointed for a period of three years and may be re-appointed. Appointments are made by the President on the advice of the Cabinet. If the President does not concur with Cabinet's advice, he may veto appointments. However, he is required to consult the Council of Presidential Advisers ("CPA"), and if the CPA does not concur with his view, Parliament may override his decision with a resolution passed with a two-thirds majority vote. The President has no power to remove current PCMR members.

The Constitution only requires members of the council to be Singapore citizens residing in Singapore who are at least 35 years old. There is no restriction on Cabinet ministers and members of political parties. Moreover, the Prime Minister may authorize any Minister, Minister of State or Parliamentary Secretary to attend Council meetings. It has been noted that this may have a chilling effect on the council's deliberations as such a guest might be the author or a vocal proponent of the legislation under scrutiny. On the other hand, it has been suggested that members with political affiliations can often make the biggest contribution towards the council's discussions. Another criticism of the PCMR's composition is that having judges on the Council may lead to a conflict of interest as they may have to exercise judicial review over Acts of Parliament they have either endorsed or rejected previously.

All proceedings of the council are conducted in private, and the council is prohibited from hearing objectors or examining witnesses regarding any bill or law under consideration. Since its establishment, the PCMR has not found any legislation to contain differentiating measures.

Role

The Presidential Council for Minority Rights (PCMR) is a non-elected body established in 1970 under Part VII of the Constitution of the Republic of Singapore to fulfil the roles of safeguarding minority rights and advising the Government and the Parliament of Singapore.. Its general function, as articulated in the Constitution, is "to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government"., Article 76(1). To fulfil its role as a safeguard against any parliamentary or executive propensity to majoritarian or sectarian politics, it may constrict the Government's freedom to discriminate against racial and religious communities by obstructing the passage of new laws and regulations that it deems to contain such "differentiating measures".Constitution, Art. 68.

As a legislative review mechanism, it plays a "limited quasi Second Chamber" role.. It has also been called "the closest body [Singapore has] to a Second Chamber for many years".. However, the council has been criticized for lacking teeth to act as a real check on potential legislative abuses. As of 2009, the PCMR had not issued an adverse report regarding any piece of legislation referred to it.. Nevertheless, it forms part of the statutory framework for the People's Action Party government's internationally lauded efforts in managing minority issues in multiethnic Singapore.. Former Deputy Prime Minister S. Jayakumar, formerly a member of the council, has noted that the PCMR is also a symbol of the paramount importance placed on racial harmony in a world still rife with racial and communal conflict..

Origin

The Wee Chong Jin Constitutional Commission On 18 January 1966, shortly after Singapore's independence, the President of Singapore appointed a Constitutional Commission helmed by Chief Justice Wee Chong Jin to consider how the rights of racial, linguistic, and religious minorities in the nascent nation should be protected.. Singapore had just been ejected from Malaysia, and had experienced an extended period of racial and religious tension resulting from the Maria Hertogh riots. This experience reinforced the need for a multiracial society based on equality among races..

The commission, in its report on 27 August 1966,. found that such equality was best protected by giving minority rights equal footing with the fundamental liberties in the Constitution.. In addition, it recommended a "Council of State", an advisory body that would inform the Government of the effects its laws would have on minorities. This concept was based on the Kenyan Council of State which was established in 1958 during its phase of transition to African majority rule.. The idea of an advisory body which could not significantly impede the legislative agenda was viewed by lawmakers as a promising innovation. In addition, the creation of an advisory council ensuring equal treatment in legislation was very much in line with the idea that, as citizens become increasingly aware of racial and religious issues, national growth will very much depend on an approach to such problems that is not fraught with religious and racial tensions..

Some of the recommendations for the new Council of State included the following:

Members of the council were to be appointed after consultation with the Prime Minister, but at the President's discretion.Constitutional Commission Report 1966, para. 59(ii). No member should belong to a political party.Constitutional Commission Report 1966, para. 59(v)(a). Membership would be assigned and renewed for a specified period of either three, six or nine years.Constitutional Commission Report 1966, para. 59(xii). Proceedings should be held in public.

Parliamentary debate on the Constitution (Amendment) Bill 1969 The Constitution (Amendment) Act 1969Constitution (Amendment) Act 1969 (No. 19 of 1969), originating from the Constitution (Amendment) Bill 1969 (Bill No. 5 of 1969). was passed on 23 December 1969 to create the "Presidential Council" based heavily on the proposed Council of State. The amendment took effect on 9 January 1970. This council was subsequently renamed the Presidential Council for Minority Rights in 1973.By way of the Constitution (Amendment) (Presidential Council for Minority Rights) Act 1973 (No. 3 of 1973), in force on 14 July 1973: see Tan & Thio, "The Legislature", p. 359. Although the proposal of the commission was accepted by Parliament, it nonetheless made several changes that led to the substantial differences from the original proposal, including the following:

Appointments to the council are made by the President on the advice of the Cabinet.Constitution, Art. 69(2). There are two categories members, namely, permanent and non-permanent members, with the permanent members holding life tenure.Constitution, Art. 69(1)(b). Members of Parliament (MPs), including ministers, are not precluded from sitting in the council and serving their terms in Parliament simultaneously. Affiliation with a political party is not a bar to Council membership.

Supporters of the new body heralded the Presidential Council as a step forward in enhancing the country's democratic spirit. Its establishment was seen as putting a limit on possible dictatorial measures in legislation, which is especially important in a one-party dominated Parliament like Singapore's.. Even if the new Council's powers were strictly limited to giving advice, this was justified on the basis that it would nevertheless serve to alert the public should the Government proceed to enact an Act which prejudices a class of minorities.. Indeed, the Constitutional Commission had intended for the Council of State "to fix the attention of the public on any matter originating from Parliament which may adversely affect the interests of any minority group".Marshall, "Paper II", p. 12.

Composition, appointment and term of office of members

Composition The Presidential Council can consist of no more than 21 persons at any one time.Constitution, Art. 69(1). The council is made up of its chairman, up to ten permanent members who are appointed for life, and up to ten ordinary members who are appointed for a period of three years and may be re-appointed.Constitution, Arts. 69(1) and (3). The distinction between permanent and non-permanent members was not one of the recommendations of the Constitutional Commission, and the Government did not adopt the commission's proposal that members should not belong to a political party. It has been suggested that this causes the PCMR's composition to be "somewhat weighted in favour of the Government and to that extent derogates from the concept of an uncommitted council of elders which sits as a watchdog over the rights of individuals".Thio Su Mien, "Paper I", p. 3.

The chairman is responsible for convening and presiding at all meetings of the council, but whenever the office of chairman is vacant, the Council may elect any member to act as chairman.Constitution, Arts. 82(2) and (3). The chairman has an original vote but not a casting vote.Constitution, Art. 83(3). No fewer than eight members, including the chairman or another member appointed to preside in his place, must convene in order for the council to transact any business.Constitution, Art. 83(1). Any motion in the Council fails in the event of a tie.Constitution, Art. 83(4).

Appointment and term of office

The members of the Presidential Council are not elected, but appointed by the President on advice of the Cabinet. No public nomination process or vote is stipulated in the Constitution. The President, if he does not concur with the Cabinet, may veto the appointment.Constitution, Art. 22(1)(c). However, he is required to consult the Council of Presidential Advisers ("CPA"), a constitutional body that advises the President on appointments of key public officials and matters relating to Singapore's financial reserves. If he exercises his veto without the CPA's concurrence, Parliament may overrule his decision with a resolution passed with a two-thirds majority vote.Constitution, Art. 22(2). The President has no power to remove current members..