{ Adopted: 16 Sep 1963 / Status: 24 March 1995 }
Article 1 Citation
This Constitution may be cited as the Constitution of the
Republic of Singapore.
Article 2 Interpretation
(1) In this Constitution, unless it is otherwise provided or the
context otherwise requires,
- "Cabinet" means the Cabinet constituted under this
Constitution;
- "Civil List" means the provision made under Article
22j for the maintenance of the President;
- "citizen of Singapore" means any person who, under the
provisions of this Constitution, has the status of a citizen of
Singapore;
- "commencement", used with reference to this Constitution,
means the day on which this Constitution comes into
operation;
- "Consolidated Fund" means the Consolidated Fund established
by this Constitution;
- "Council of Presidential Advisers" means the Council of
Presidential Advisers constituted under Part V;
- "existing law" means any law having effect as part of the law
of Singapore immediately before the commencement of this
Constitution;
- "Government" means the Government of Singapore;
- "Judge of the Supreme Court" includes the Chief Justice, a
Judge of Appeal, and a Judge of the High Court;
- "law" includes written law and any legislation of the United
Kingdom or other enactment or instrument whatsoever which is
in operation in Singapore and the common law in so far as it is
in operation in Singapore and any custom or usage having the
force of law in Singapore;
- "Legal Service Commission" means the Legal Service
Commission constituted under this Constitution;
- "Legislature" means the Legislature of Singapore;
- "Minister" means a Minister appointed under this
Constitution;
- "office of profit" means, subject to clause (5), any whole time
office in the public service;
- "Parliament" means the Parliament of Singapore;
- "President" means the President of Singapore elected under
this Constitution and includes any person for the time being
exercising the functions of the office of President;
- "Presidential Elections Committee" means the Presidential
Elections Committee constituted under Article
18;
- "Prime Minister" means the Prime Minister of Singapore
appointed under this Constitution;
- "public office" means, subject to clause (5), an office of
emolument in the public service;
- "public officer" means the holder of any public office;
- "public seal" means the public seal of Singapore;
- "public service" means service under the Government;
- "Public Service Commission" means the Public Service
Commission constituted under this Constitution;
- "register of electors" means any register of electors prepared
under the provisions of any written law for the time being in
force relating to Parliamentary elections;
- "remuneration", in respect of any public officer, means only
the emoluments of that officer, the whole or any part of which
count for pension in accordance with the provisions of any law
relating to the grant of pensions in respect of the public
service;
- "reserves", in relation to the Government, a statutory board or
Government company, means the excess of assets over
liabilities of the Government, statutory board or Government
company, as the case may be;
- "session" means the sittings of Parliament commencing when
it first meets after being constituted, or after its prorogation or
dissolution at any time, and terminating when Parliament is
prorogued or is dissolved without having been
prorogued;
- "Singapore" means the Republic of Singapore;
- "sitting" means a period during which Parliament is sitting
continuously without adjournment, including any period during
which Parliament is in committee;
- "Speaker" and "Deputy Speaker" mean, respectively, the
Speaker and a Deputy Speaker of Parliament;
- "term of office", in relation to the Government, means the
period --
(a) commencing on the date the Prime Minister and Ministers
first take and subscribe the Oath of Allegiance in accordance
with Article 27 after a general election; and
(b) ending after the next general election on the date
immediately before the Prime Minister and Ministers first take
and subscribe the Oath of Allegiance in accordance with Article
27;
- "terms of service", in respect of any officer, includes the
remuneration to which that officer is entitled by virtue of his
office, and any pension, gratuity or other like allowance
payable to or in respect of that officer;
- "written law" means this Constitution and all Acts and
Ordinances and subsidiary legislation for the time being in force
in Singapore.
(2) Except where this Constitution otherwise provides or where
the context otherwise requires --
(a) the person or authority having power to make substantive
appointments to any public office may appoint a person to
perform the functions of that office during any period when it is
vacant or when the holder thereof is unable (whether by reason
of absence or infirmity of body or mind or any other cause) to
perform those functions;
(b) every appointment to perform the functions of an office
made under paragraph (a) shall be made in the same manner as
and subject to the same conditions as apply to a substantive
appointment to that office;
(c) any reference in this Constitution to the holder of any office
by the term designating his office shall be construed as
including a reference to any person for the time being lawfully
performing the functions of that office; and
(d) any reference in this Constitution to an appointment to any
office shall be construed as including a reference to an
appointment to perform the functions of that office.
(3) Where in this Constitution power is conferred on any person
or authority to appoint a person to perform the functions of any
office if the holder thereof is unable himself to perform its
functions, any such appointment shall not be called in question
on the ground that the holder of that office was not unable to
perform those functions.
(4) For the purposes of this Constitution, the resignation of a
member of any body or the holder of any office constituted by
this Constitution that is required to be addressed to any person
shall be deemed to have effect from the time that it is received
by that person: Provided that, in the case of a resignation that is
required to be addressed to the Speaker, the resignation shall, if
the office of Speaker is vacant or the Speaker is absent from
Singapore, be deemed to have effect from the time that it is
received by a Deputy Speaker on behalf of the Speaker.
(5) For the purposes of this Constitution, a person shall not be
considered as holding a public office or an office of profit by
reason of the fact that he is in receipt of any remuneration or
allowances (including a pension or other like allowance) in
respect of his tenure of the office of President, Prime Minister,
Chief Justice, Speaker, Deputy Speaker, Minister,
Parliamentary Secretary, Political Secretary,.Member of
Parliament, Ambassador, High Commissioner or such other
office as the President may, from time to time, by order,
prescribe.
(6)(a) Without prejudice to clause (2) when the holder of any
public office is on leave of absence pending relinquishment of
that office, the person or authority having power to make
appointments to that office may appoint another person thereto.
(b) Where two or more persons are holding the same office by
reason of an appointment made pursuant to paragraph (a), the
person last appointed shall, in respect of any function conferred
on the holder of that office, be deemed to be the sole holder of
that office.
(7) Where a person is required by this Constitution to take an
oath, he shall be permitted, if he so desires, to comply with that
requirement by making an affirmation.
(8) References in this Constitution to any period shall, so far as
the context admits, be construed as including references to a
period beginning before the commencement of this Constitution.
(9) Subject to this article, the Interpretation Act shall apply for
the purpose of interpreting this Constitution and otherwise in
relation thereto as it applies for the purpose of interpreting and
otherwise in relation to any written law within the meaning of
that Act.
(10) Unless the context otherwise requires, any reference in this
Constitution to a specified Part, Article, or Schedule is a
reference to that Part or Article of, or that Schedule to, this
Constitution; any reference to a specified chapter, clause,
section or paragraph is a reference to that chapter of the Part,
that clause of the Article, that section of the Schedule, or that
paragraph of the clause or section, in which the reference
occurs; and any reference to a group of Articles, sections or
divisions of Articles or sections shall be construed as including
both the first and the last member of the group referred to.
Article 3 Republic of Singapore
Singapore shall be a sovereign republic to be known as the
Republic of Singapore.
Article 4 Supremacy of the Constitution
This Constitution is the supreme law of the Republic of
Singapore and any law enacted by the Legislature after the
commencement of this Constitution which is inconsistent with
this Constitution shall. to the extent of the inconsistency, be
void.
Article 5 Amendment of the Constitution
(1) Subject to this article and Article 8, the provisions of
this Constitution may be amended by a law enacted by the
Legislature.
(2) A Bill seeking to amend any provision in this Constitution
shall not be passed by Parliament unless it has been supported
on Second and Third Readings by the votes of not less than
two-thirds of the total number of the elected Members of
Parliament referred to in Article 39 (1)(a).
(2a) Unless the President, acting in his discretion, otherwise
directs the Speaker in writing, a Bill seeking to amend this
clause, Articles 17 to 22, 22a to 22o, 35,
65, 66, 69, 70, 93a, 94, 95, 105,
107, 110a, 110b, 151 or any provision in Part
IV or XI shall not be passed by Parliament unless
it has been supported at a national referendum by not less than
two-thirds of the total number of votes cast by the electors
registered under the Parliamentary Elections Act.
(3) In this article, "amendment" includes addition and repeal.
Article 6 No Surrender of Sovereignty
(1) There shall be
(a) no surrender or transfer, either wholly or in part, of the
sovereignty of the Republic of Singapore as an independent
nation, whether by way of merger or incorporation with any
other sovereign state or with any Federation, Confederation,
country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Singapore Police
Force or the Singapore Armed Forces, unless such surrender,
transfer or relinquishment has been supported, at a national
referendum, by not less than two-thirds of the total number of
votes cast by the electors registered under the Parliamentary
Elections Act.
(2) For the purposes of this article
- "Singapore Armed Forces" means the Singapore Armed
Forces raised and maintained under the Singapore Armed
Forces Act, and includes any civil defence force formed under
the Civil Defence Act and such other force as the President
may, by notification in the Gazette, declare to be an armed
force for the purposes of this article;
- "Singapore Police Force" means the Singapore Police Force
and the Special Constabulary established under the Police Force
Act and any Auxiliary Police Force created in accordance with
Part X of that Act, and includes the Vigilante Corps established
under the Vigilante Corps Act and such other force as the
President may, by notification in the Gazette, declare to be a
police force for the purposes of this article.
Article 7 Participation in Co-operative International Schemes
Without in any way derogating from the force and effect
of Article 6, nothing in that Article shall be construed as
precluding Singapore or any association, body or organization
therein from
(a) participating or co-operating in, or contributing towards, any
scheme, venture, project, enterprise or undertaking of
whatsoever nature, in conjunction or in concert with any other
sovereign state or with any Federation, Confederation, country
or countries or any association, body or organization therein,
where such scheme, venture, project, enterprise or undertaking
confers, has the effect of conferring or is intended to confer, on
Singapore or any association, body or organization therein, any
economic, financial, industrial, social, cultural, educational or
other benefit of any kind or is, or appears to be, advantageous
in any way to Singapore or any association, body or
organization therein; or
(b) entering into any treaty, agreement, contract, pact or other
arrangement with any other sovereign state or with any
Federation, Confederation, country or countries or any
association, body or organization therein, where such treaty,
agreement, contract, pact or arrangement provides for mutual
or collective security or any other object or purpose whatsoever
which is, or appears to be, beneficial or advantageous to
Singapore in any way.
Article 8 Amendments by Two-thirds Majority
(1) A Bill for making an amendment to this Part shall not be
passed by Parliament unless it has been supported, at a national
referendum, by not less than two-thirds of the total number of
votes cast by the electors registered under the Parliamentary
Elections Act.
(2) In this article, "amendment" includes addition and repeal.
Article 9 Liberty of the Person
(1) No person shall be deprived of his life or personal liberty
save in accordance with law.
(2) Where a complaint is made to the High Court or any Judge
thereof that a person is being unlawfully detained, the Court
shall inquire into the complaint and, unless satisfied that the
detention is lawful, shall order him to be produced before the
Court and release him.
(3) Where a person is arrested, he shall be informed as soon as
may be of the grounds of his arrest and shall be a!lowed to
consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released, he shall,
without unreasonable delay, and in any case within 48
hours (excluding the time of any necessary journey), be
produced before a magistrate and shall not be further detained
in custody without the magistrate's authority.
(5) Clauses (3) and (4) shall not apply to an enemy alien or to
any person arrested for contempt of Parliament pursuant to a
warrant issued under the hand of the Speaker.
(6) Nothing in this article shall invalidate any law
(a) in force before 16 Sep 1963 which authorizes the arrest and
detention of any person in the interests of public safety, peace
and good order; or
(b) relating to the misuse of drugs or intoxicating substances
which authorizes the arrest and detention of any person for the
purpose of treatment and rehabilitation, by reason of such law
being inconsistent with clauses (3) and (4), and, in particular,
nothing in this article shall affect the validity or operation of
any such law before 10 March 1978.
Article 10 Slavery and Forced Labor Prohibited
(1) No person shall be held in slavery.
(2) All forms of forced labor are prohibited, but Parliament
may by law provide for compulsory service for national
purposes.
(3) Work incidental to the serving of a sentence of
imprisonment imposed by a court of law shall not be taken to
be forced labor within the meaning of this article.
Article 11 Protection Against Retrospective Criminal Laws and Repeated Trials
(1) No person shall be punished for an act or omission which
was not punishable by law when it was done or made, and no
person shall suffer greater punishment for an offence than was
prescribed by law at the time it was committed.
(2) A person who has been convicted or acquitted of an offence
shall not be tried again for the same offence except where the
conviction or acquittal has been quashed and a retrial ordered
by a court superior to that by which he was convicted or
acquitted.
Article 12 Equality
(1) All persons are equal
(2) Except as expressly authorized by this Constitution, there
shall be no discrimination against citizens of Singapore on the
ground only of religion, race, descent or place of birth in any
law or in the appointment to any office or employment under a
public authority or in the administration of any law relating to
the acquisition, holding, or disposition of property or the
establishing or carrying on of any trade, business, profession,
vocation or employment.
(3) This article does not invalidate or prohibit
(a) any provision regulating personal law; or
(b) any provision or practice restricting office or employment
connected with the affairs of any religion, or of an institution
managed by a group professing any religion, to persons
professing that religion.
Article 13 Prohibition of Banishment and Freedom of Movement
(1) No citizen of Singapore shall be banished or excluded from
Singapore.
(2) Subject to any law relating to the security of Singapore or
any part thereof, public order, public health or the punishment
of offenders, every citizen of Singapore has the right to move
freely throughout Singapore and to reside in any part thereof.
Article 14 Freedom of Speech, Assembly, and Association
(1) Subject to clauses (2) and (3)
(a) every citizen of Singapore has the right to freedom of
speech and expression
(b) all citizens of Singapore have the right to assemble
peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose
(a) on the rights conferred by clause (1)(a), such restrictions as
it considers necessary or expedient in the interest of the security
of Singapore or any part thereof, friendly relations with other
countries, public order or morality and restrictions designed to
protect the privileges of Parliament or to provide against
contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as
it considers necessary or expedient in the interest of the security
of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it
considers necessary or expedient in the interest of the security
of Singapore or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by
clause (1)(c) may also be imposed by any law relating to labor
or education.
Article 15 Freedom of Religion
(1) Every person has the right to profess and practice his
religion
(2) No person shall be compelled to pay any tax the proceeds of
which are specially allocated in whole or in part for the
purposes of a religion other than his own.
(3) Every religious group has the right
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or
charitable purposes; and
(c) to acquire and own property
(4) This article does not authorize any act contrary to any
general law relating to public order, public health or morality.
Article 16 Rights in Respect of Education
(1) Without prejudice to the generality of Article 12, there
shall be no discrimination against any citizens of Singapore on
the grounds only of religion, race, descent or place of birth
(a) in the administration of any educational institution
maintained by a public authority, and, in particular, the
admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial
aid for the maintenance or education of pupils or students in
any educational institution (whether or not maintained by a
public authority and whether within or outside Singapore).
(2) Every religious group has the right to establish and maintain
institutions for the education of children and provide therein
instruction in its own religion, and there shall be no
discrimination on the ground only of religion in any law
relating to such institutions or in the administration of any such
law.
(3) No person shall be required to receive instruction in or to
take part in any ceremony or act of worship of a religion other
than his own.
(4) For the purposes of clause (3), the religion of a person
under the age of 18 years shall be decided by his parent or
guardian.
Article 17 The President
(1) There shall be a President
(2) The President shall be elected
(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 elction 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 case -- not more than 3 months before the date of
expiration of the term of office of the incumbent.
Article 18 Presidential Elections Committee
(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 Public Accountants Board established
under the Accountants Act; 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.
(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 Public Accountants Board or the Chairman of
the Presidential Council for Minority Rights shall appoint a
member of the Public Accountants Board 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 not-
withstanding 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 Article 19 (2)(e) or (g)(iv) shall
be final and shall not be subject to appeal or review in any
court.
Article 19 Qualifications and Disabilities of President
(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 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 organization 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 recognized 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
pursuant to 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
recognized by this Constitution.
Article 20 Term of Office
(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.
Article 21 Discharge and Performance of Functions of President
(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
22e, 22h, 144 (2) or 148a;
(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; and
(i) any other function the performance of which the President is
authorized 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.
Article 22 Appointment of Public Office
Notwithstanding any other provision of this Constitution, the
President, acting in his discretion, may refuse to make an
appointment to any of the following offices or to revoke any
such appointment if he does not concur with the advice or
recommendation of the authority on whose advice or
recommendation he is, by virtue of that other provision of this
Constitution or any other written law, to act:
(a) the Chief Justice, Judges and Judicial Commissioners of the
Supreme Court;
(b) the Attorney-General;
(c) the Chairman and members of the Presidential Council for
Minority Rights;
(d) the chairman and members of the Presidential Council for
Religious Harmony constituted under the Maintenance of
Religious Harmony Act;
(e) the chairman and members of an advisory board constituted
for the purposes of Article 151;
(f) the Chairman and members of the Public Service
Commission;
(g) the Chairmen of the Education Service Commission and the
Police and Civil Defence Services Commission, and the persons
appointed thereto under Articles 110A (1)(c) and
110B (1)(c), respectively.
(h) the Auditor-General;
(i) the Accountant-General;
(j) the Chief of Defence Force;
(k) the Chiefs of the Air Force, Army and Navy;
(l) a member (other than an ex-officio member) of the Armed
Forces Council established under the Singapore Armed Forces
Act;
(m) the Commissioner of Police; and
(n) the Director of the Corrupt Practices Investigation Bureau.
Article 22a Appointment of Members of Statutory Boards
(1) Notwithstanding any other provision of this Constitution
(a) where the President is authorized by any written law to
appoint the chairman, member or chief executive officer of any
statutory board to which this article applies, the President,
acting in his discretion, may refuse to make any such
appointment or to revoke such appointment if he does not
concur with the advice or recommendation of the authority on
whose advice or recommendation he is required to act; or
(b) in any, other case, no appointment to the office of
chairman, member or chief executive officer of any statutory
board to which this article applies and no revocation of such
appointment shall be made by any appointing authority unless
the President, acting in his discretion, concurs therewith.
(2)(a) The chairman or member of a statutory board to which
this article applies shall be appointed for a term not exceeding 3
years and shall be eligible for reappointment.
(b) Any appointment to the office of chairman, member or chief
executive officer of a statutory board under clause (1) ( ) or any
revocation thereof shall be void if made without the
concurrence of the President.
(3) This article shall apply to the statutory boards specified in
Part I of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance
with the advice of the Cabinet may, by order in the Gazette,
add any other statutory board to Part I of the Fifth Schedule;
and no statutory board shall be removed from that Part by any
such order.
(5) No statutory board shall by order under clause (4) be added
to Part I of the Fifth Schedule if the total value of the reserves
of the statutory board on the date of making of such order is
less than $100 million.
Article 22b Budgets of Statutory Boards
(1) Every statutory board to which Article 22a applies shall
(a) before the commencement of its financial year, present to
the President for his approval its budget
(b) present to the President for his approval every
supplementary budget for its financial year together with a
declaration referred to in paragraph (a) relating to such
supplementary budget; and
(c) within 6 months after the close of that financial year,
present to the President
(i) a full and particular audited statement showing the revenue
received and expenditure incurred by the statutory board during
that financial year;
(ii) as far as practicable, an audited statement of the assets and
liabilities of the statutory board at the end of that financial year;
and
(iii) a declaration by the chairman and the chief executive
officer of the statutory board whether the statements referred to
in sub-paragraphs (i) and (ii) show any drawing on the reserves
not accumulated by the statutory board during the current term
of office of the Government.
(2) The President, acting in his discretion, may refuse to
approve any budget or supplementary budget of any such
statutory board if, in his opinion, the budget is likely to draw
on reserves which were not accumulated by the statutory board
during the current term of office of the Government, except that
if he approves any such budget notwithstanding his opinion that
the budget is likely to so draw on those reserves, he shall cause
his opinion to be published in the Gazette.
(3) Where by the first day of the financial year of such statutory
board the President has not approved its budget for that
financial year, the statutory board
(a) shall, within 3 months of the first day of that financial year,
present to the President a revised budget for that financial year
together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur
expenditure not exceeding one-quarter of the amount provided
in the approved budget of the statutory board for the preceding
financial year,
and if the President does not approve the revised budget, the
statutory board may during that financial year incur total
expenditure not exceeding the amount provided in the approved
budget of the statutory board for the preceding financial year;
and the budget for the preceding financial year shall have effect
as the approved budget for that financial year.
(4) Any amount expended during a financial year under
clause (3) (b) shall be included in any revised budget
subsequently presented to the President under that clause for
that financial year.
(5) Nothing in this article shall prevent the taking of any action
by the Monetary Authority of Singapore in the management of
the Singapore dollar; and a certificate under the hand of the
chairman of the board of directors of the Monetary Authority of
Singapore shall be conclusive evidence that any action was or
was not taken for such purpose.
(6) It shall be the duty of every statutory board and its chief
executive officer to which this article applies to inform the
President of any proposed transaction of the statutory board
which is likely to draw on the reserves accumulated by the
statutory board prior to the current term of office of the
Government.
(7) Where pursuant to clause (6) the President has been so
informed of any such proposed transaction, the President, acting
in his discretion, may disapprove the proposed transaction,
except that if he does not disapprove any such proposed
transaction even though he is of the opinion that the proposed
transaction is likely to draw on the reserves accumulated by the
statutory board prior to the current term of office of the
Government, the President shall cause his decision and opinion
to be published in the Gazette.
(8) Where after 30 Nov 1991 a statutory board is specified in
Part I of the Fifth Schedule pursuant to an order made under
Article 22a (4), any reference in this article to the approved
budget of a statutory board for the preceding financial year
shall, in relation to the first-mentioned statutory board, be read
as a reference to the budget for the financial year of the
first-mentioned statutory board during which that order was
made.
(9) For the purpose of this article, where the Minister
responsible for finance undertakes in writing to add to the
reserves accumulated by the Government prior to its current
term of office any reserves of a statutory board which are
proposed to be transferred to the Government by or under the
authority of any written law or otherwise, the proposed transfer
and transfer of those reserves shall have effect as follows:
(a) the proposed transfer and transfer shall not be taken into
account in determining whether the reserves accumulated by the
statutory board prior to the current term of office of the
Government are likely to be or have been drawn on; and
(b) the reserves to be transferred by the statutory board shall be
deemed to form part of the reserves accumulated by the
Government prior to its current term of office on the following
occasions:
(i) where a budget of the statutory board for any financial year
provides for the proposed transfer and the budget is approved
by the President under this article -- at beginning of that
financial year; or
(ii) where a supplementary budget provides for the proposed
transfer and the supplementary budget is approved by the
President under this article -- on the date of approval by the
President.
Article 22c Appointment of Directors of Government Companies
(1) Notwithstanding the provisions of the memorandum and
articles of association of the company, the appointment or
removal of any person as a director or chief executive officer of
any Government company to which this article applies shall not
be made unless the President acting in his discretion, concurs
with such appointment or removal.
(2)(a) A director of a Government company to which this article
applies shall be appointed for a term not exceeding 3 years and
shall be eligible for reappointment.
(b) Any appointment or removal of any director or chief
executive officer of a Government company to which this article
applies without the concurrence of the President shall be void
and of no effect.
(3) This article shall apply to the Government companies
specified in Part II of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance
with the advice of the Cabinet may, by order in the Gazette,
add any other Government company to Part II of the Fifth
Schedule; and no Government company shall be removed from
that Part by any such order.
(5) No Government company shall by order under clause (4) be
added to Part II of the Fifth Schedule unless on the date of
making of such order
(a) the value of the shareholders' funds of the company
attributable to the Government's interest in the company is
worth $100 million or more and
(b) it is not a subsidiary of any of the Government companies
specified in Part II of the Fifth Schedule; and for the purposes
of this para graph, "subsidiary" shall have the same meaning as
in the Companies Act.
Article 22d Budgets of Government Companies
(1) The board of directors of every Government company to
which Article 22c applies shall
(a) before the commencement of its financial year present to the
President for his approval its budget for that financial year,
together with declaration by the chairman of the board of
directors and the chief executive officer of the Government
company whether the budget implemented is likely to draw on
the reserves which were not accumulated by the Government
company during the current term of office of the Government;
(b) present to the President for his approval every
supplementary budget for its financial year together with a
declaration referred to in paragraph (a) relating to such
supplementary budget; and
(c) within 6 months after the close of that financial year,
present to the President
(i) a full and particular audited profit and loss account showing
the revenue collected and expenditure incurred by the
Government company during that financial year, and an audited
balance sheet showing the assets and liabilities of the
Government company at the end of that financial year; and
(ii) a declaration by the chairman of the board of directors and
the chief executive officer of the Government company whether
the audited profit and loss account and balance-sheet of the
Government company show any drawing on the reserves not
accumulated by the Government company during the current
term of office of the Government.
(2) The President, acting in his discretion, may disapprove the
budget or supplementary budget of any such Government
company if, in his opinion, the budget is likely to draw on
reserves not accumulated by that company during the current
term of office of the Government, except that if he approves
any such budget notwithstanding his opinion that the budget is
likely to so draw on those reserves, he shall cause his opinion
to be published in the Gazette.
(3) Where by the first day of the financial year of such
Government company the President has not approved its budget
for that financial year, the Government company
(a) shall, within 3 months of the first day of that financial year,
present to the President a revised budget for that financial year
together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur
expenditure not exceeding one-quarter of the amount provided
in the approved budget of the Government company for the
preceding financial year,
and if the President does not approve the revised budget, the
Government company may during that financial year incur a
total expenditure not exceeding the amount provided in the
approved budget of the Government company for the preceding
financial year; and the budget for the preceding financial year
shall have effect as the approved budget for that financial year.
(4) Any amount expended during a financial year under clause
3) (b) shall be included in any revised budget subsequently
presented to the President under that clause for that financial
year.
(5) It shall be the duty of the board of directors and the chief
executive officer of every Government company referred to in
this article to inform the President of any proposed transaction
of the company which is likely to draw on the reserves
accumulated by the company prior to the current term of office
of the Government.
(6) Where pursuant to clause (5) the President has been so
informed of any such proposed transaction, the President, acting
in his discretion, may disapprove the proposed transaction,
except that if he does not disapprove any such proposed
transaction even though he is of the opinion that the proposed
transaction is likely to draw on the reserves accumulated by the
Government company prior to the current term of office of the
Government, the President shall cause his decision and opinion
to be published in the Gazette.
(7) Where after 30 Nov 1991 a Government company is
specified in Part II of the Fifth Schedule pursuant to an order
made under Article 22c (4), any reference in this article
to the approved budget of a Government company for the
preceding financial year shall, in relation to the first-mentioned
Government company, be read as a reference to the budget for
the financial year of the first-mentioned Government company
immediately preceding the making of that order.
(8) For the purpose of this article, where the Minister
responsible for finance undertakes in writing to add to the
reserves accumulated by the Government prior to its current
term of office any reserves of a Government company which
are proposed to be transferred to the Government by or under
the authority of any written law or otherwise, the proposed
transfer and transfer of those reserves shall have effect as
follows:
(a) the proposed transfer and transfer shall not be taken into
account in determining whether the reserves accumulated by the
Government company prior to the current term of office of the
Government are likely to be or have been drawn on; and
(b) the reserves to be transferred by the Government company
shall be deemed to form part of the reserves accumulated by the
Government prior to its current term of office on the following
occasions:
(i) where a budget of the Government company for any
financial year provides for the proposed transfer and the budget
is approved by the President under this article -- at beginning of
that financial year; or
(ii) where a supplementary budget of the Government company
provides for the proposed transfer and the supplementary
budget is approved by the President under this article -- on the
date of approval by the President.
Article 22e Moneys of the Central Provident Fund
The President, acting in his discretion, may withhold his assent
to any Bill passed by Parliament which provides, directly or
indirectly, for varying, changing or increasing the powers of the
Central Provident Fund Board to invest the moneys belonging
to the Central Provident Fund.
Article 22f President's Access to Information
(1) In the exercise of his functions under this Constitution, the
President shall be entitled, at his request, to any information
concerning
(a) the Government which is available to the Cabinet; and
(b) any statutory board or Government company to which
Article 22a or 22c, as the case may be, applies
which is available to the members of the statutory board or the
directors of the Government company.
(2) The President may request
(a) any Minister, or any senior officer of a Ministry or of a
department of the Government; or
(b) the chief executive officer and any member of the governing
board of any statutory board or the directors of any
Government company to which Article 22a or 22c,
as the case may be, applies, to furnish any information referred
to in clause (1) concerning the reserves of the Government, the
statutory board or Government company, as the case may be,
and the Minister, member, officer or director concerned shall
be under a duty to provide the information.
Article 22g Concurrence of President for Certain Investigations
Notwithstanding that the Prime Minister has refused to give his
consent to the Director of the Corrupt Practices Investigation
Bureau to make any inquiries or to carry out any investigations
into any information received by the Director touching upon the
conduct of any person or any allegation or complaint made
against any person, the Director may make such inquiries or
carry out investigations into such information, allegation or
complaint if the President, acting in his discretion, concurs
therewith.
Article 22h President May Withhold Assent to Bill Circumventing or Curtailing His Power
(1) The President may, acting in his discretion, in writing
withhold his assent to any Bill passed by Parliament (other than
a Bill to which Article 5 (2a) applies) if the Bill provides,
directly or indirectly, for the circumvention or curtailment of
the discretionary powers conferred upon him by this
Constitution.
(2) If the President withholds his assent to any Bill pursuant to
clause (1), the Prime Minister may refer the Bill to the High
Court to determine whether the Bill provides, directly or
indirectly, for the circumvention or curtailment of the
discretionary powers conferred upon the President by this
Constitution.
(3) Where the High Court determines that a Bill does not
provide, directly or indirectly, for the circumvention or
curtailment of the discretionary powers conferred upon the
President, and
(a) no valid notice of appeal against that determination has been
lodged within the time prescribed by the Rules of the Supreme
Court; or
(b) where a valid notice of appeal has been lodged, the appeal
has been withdrawn or dismissed, the President shall be deemed
to have assented to the Bill on the date the High Court made
such a determination.
Article 22i Restraining Order Under Maintenance of Religious Harmony Act
The President, acting in his discretion, may cancel, vary,
confirm or refuse to confirm a restraining order made under the
Maintenance of Religious Harmony Act where the advice of the
Cabinet is contrary to the recommendation of the Presidential
Council for Religious Harmony.
Article 22j Civil List and Personal Staff of President
(1) The Legislature shall by law provide a Civil List for the
maintenance of the President.
(2) Any person exercising the functions of the office of
President pursuant to Article 22n or 22o shall, during
any period in which he exercises those functions, be entitled to
such remuneration as the Legislature may by law provide.
(3) The Civil List for the maintenance of the President or any
person exercising the functions of the office of President shall
be charged on and paid out of the Consolidated Fund and shall
not be diminished during the continuance in office of the
President or that person.
(4) SubJect to clause (5), the appointment, terms of service,
disciplinary control, termination of appointment and dismissal
of the personal staff of the President shall be matters for the
President acting in his discretion.
(5) The President may, if he so desires, appoint to his personal
staff such public officers as he may select, after consultation
with the Prime Minister, from a list of names submitted by the
Public Service Commission; and the provisions of
clause (4) (except in so far as they relate to appointment) shall
apply in relation to a person so appointed as respects his service
on the personal staff of the President but not as respects his
service as a public officer.
(6) The remuneration of the personal staff of the President,
other than a person appointed under clause (5), shall be payed
out of the Civil List for the maintenance of the President.
Article 22k Immunity of President From Suit
(1) Except as provided in clause (4), the President shall not be
liable to any proceedings whatsoever in any court in respect of
anything done or omitted to be done by him in his official
capacity.
(2) No proceedings in any court in respect of anything done or
omitted to be done by the President in his private capacity shall
be instituted against him during his term of office.
(3) Where provision is made by law limiting the time within
which proceedings of any description may be brought against
any person, the period of time during which such person holds
office as President shall not be taken into account in calculating
any period of time prescribed by that law.
(4) The immunity conferred by clause (1) shall not apply to
(a) any proceedings instituted under Article 22h;
(b) any inquiry held by a tribunal pursuant to a resolution
passed by Parliament under Article 22l; or
(c) any proceedings before the Election Judge under Article
93a to determine the validity of any Presidential election.
Article 22l Vacation of and Removal From Office of President
(1) The office of President shall become vacant
(a) upon the death of the President;
(b) if the President resigns his office by writing under his hand
addressed to the Prime Minister;
(c) if the President is removed from office in accordance with
clauses (3) to (7);
(d) if the Election Judge in the exercise of his powers under
Article 93a determines that the election of the President
was void and does not determine that any other person was duly
elected as President; or
(e) if upon the expiration of the term of office of the incumbent
the person declared elected as President fails to assume the
office of President.
(2) {Deleted by Amendment No. 2 Act 1994 of 23 Sep 1994.}
(3) The Prime Minister or not less than one-quarter of the total
number of the elected Members of Parliament referred to in
Article 39 (1)(a) may give notice of a motion alleging
that the President is permanently incapable of discharging the
functions of his office by reason of mental or physical infirmity
or that the President has been guilty of
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers
of his office; or
(d) any offence involving fraud, dishonesty or moral turpitude,
and setting out full particulars of the allegations made and
seeking an inquiry and report thereon.
(4) Where the motion referred to in clause (3) has been adopted
by not less than half of the total number of the elected Members
of Parliament referred to in Article 39 (1)(a), the Chief
Justice shall appoint a tribunal to inquire into the allegations
made against the President.
(5) A tribunal appointed by the Chief Justice shall consist of not
less than 5 Judges of the Supreme Court of whom the Chief
Justice shall be one, unless he otherwise decides and such
tribunal may regulate its own procedure and make rules for that
purpose.
(6) A tribunal shall, after due inquiry at which the President
shall have the right to appear and to be heard in person or by
counsel, make a report of its determination to the Speaker
together with the reasons therefor.
(7) Where the tribunal reports to the Speaker that in its opinion
the President is permanently incapable of discharging the
functions of his office by reason of mental or physical infirmity
or that the President has been guilty of any of the other
allegations contained in such resolution, Parliament may by a
resolution passed by not less than three-quarters of the total
number of the elected Members of Parliament referred to in
Article 39 (1)(a) remove the President from office.
Article 22m Determination by Election Judge That President Was Not Duly Elected
(1) Where the Election Judge in the exercise of his jurisdiction
under Article 93a determines
(a) that the election of the President was void and does not
determine that any other person was duly elected, then, a poll
for the election of the President shall be taken not later than 6
months from the date of the determination; or
(b) that any other person was duly elected as President, then,
such other person shall assume the office of President forthwith
after the determination.
(2) Upon the Election Judge making any determination that the
election of the President was void and no other person was duly
elected as President, the person who immediately before such
determination was exercising the functions of the office of
President shall forthwith cease to exercise such functions.
(3) The exercise, performance and discharge by any person of
the powers, duties and functions of the office of President shall
not be invalid by reason only of the fact that the Election Judge
subsequently determines that the election of such person as
President was void or undue.
Article 22n Persons to Exercise Functions of President
(1) If the office of President becomes vacant, the Chairman of
the Council of Presidential Advisers or, if he is unavailable, the
Speaker shall exercise the functions of the office of President
during the period between the date the office of President
becomes vacant and the assumption of office by the person
declared elected as President.
(2) If neither the Chairman of the Council of Presidential
Advisers nor the Speaker is available, Parliament may appoint a
person in accordance with clause (3) to exercise the functions of
the office of President during the period referred to in
Clause (1).
(3) Parliament shall not appoint any person to exercise the
functions of the office of President under clause (2) unless the
person is qualified to be elected as President.
(4) The provisions of this Chapter relating to immunity from
suits shall apply in relation to any person exercising the
functions of the office of President pursuant to this article as if
references to the President in those provisions were references
to that person.
(5) Any person required or appointed to exercise the function of
the office of President pursuant to this article or Article 22o
shall, before exercising those functions, take and subscribe in
the presence of the Chief Justice or another Judge of the
Supreme Court the Oath of Office in the form set out in the
First Schedule, except that neither the Chairman of the
Council of Presidential Advisers nor the Speaker shall, during
his term of office as such Chairman or as Speaker, be required
to take such oath more than once in respect of occasions when
he is required to exercise the functions of the office of
President.
Article 22o Temporary Disability of President
(1) Subject to clause (2), if the President becomes temporarily
unable, whether by reason of ill health, absence from Singapore
or otherwise, to perform his functions under this Constitution or
any other written law, one of the persons referred to in Article
22n shall exercise the functions of the office of President during
the period of temporary disability, and the provisions of Article
22n shall apply, mutatis mutandis, to that person.
(2) Parliament shall not appoint any person to exercise the
functions of the office of President under this article unless the
President agrees to that person being so appointed.
(3) Clause (2) shall not apply if the President is unable for any
reason to signify his agreement to a person being appointed
under this article to exercise the functions of the office of
President.
Article 23 Executive Authority of Singapore
(1) The executive authority of Singapore shall be vested in the
President and exercisable subject to the provisions of this
Constitution by him or by the Cabinet
(2) The Legislature may by law confer executive functions on
other persons.
Article 24 Cabinet
(1) There shall be in and for Singapore a Cabinet which shall
consist of the Prime Minister and such other Ministers as may
be appointed in accordance with Article 25.
(2) Subject to the provisions of this Constitution, the Cabinet
shall have the general direction and control of the Government
and shall be collectively responsible to Parliament.
Article 25 Appointment of Prime Minister and Ministers
(1) The President shall appoint as Prime Minister a Member of
Parliament who in his judgment is likely to command the
confidence of the majority of the Members of Parliament, and
shall, acting in accordance with the advice of the Prime
Minister, appoint other Ministers from among the Members of
Parliament: Provided that, if an appointment is made while
Parliament is dissolved, a person who was a Member of the last
Parliament may be appointed but shall not continue to hold
office after the first sitting of the next Parliament unless he is a
Member thereof.
(2) Appointments under this article shall be made by the
President by instrument under the public seal.
Article 26 Tenure of Office of Prime Minister and Ministers
(1) The President shall, by writing under the public seal,
declare the office of Prime Minister vacant
(a) if the Prime Minister resigns his office by writing under his
hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the
Prime Minister has ceased to command the confidence of a
majority of the Members of Parliament: Provided that, before
declaring the office of Prime Minister vacant under this
paragraph, the President shall inform the Prime Minister that he
is satisfied as aforesaid, and, if the Prime Minister so requests,
the President may dissolve Parliament instead of making such a
declaration.
(2) A Minister, other than the Prime Minister, shall vacate his
office
(a) if his appointment to that office is revoked by the President,
acting in accordance with the advice of the Prime Minister, by
instrument under the public seal; or
(b) if he resigns his office by writing under his hand addressed
to the President.
(3) A person who has vacated his office as Minister may, if
qualified, be again appointed as Minister from time to time.
(4)(a) Whenever the Prime Minister is ill or absent from
Singapore or has been granted leave of absence from his duties
under Article 32, the functions conferred on him by this
Constitution shall be exercisable by any other Minister
authorized by the President, by instrument under the public
seal. in that behalf.
(b) The President may, by instrument under the public seal,
revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause shall
be exercised by him acting in his discretion, if in his opinion it
is impracticable to obtain the advice of the Prime Minister
owing to the Prime Minister's illness or absence, and in any
other case shall be exercised by the President in accordance
with the advice of the Prime Minister.
Article 27 Oath
The Prime Minister and every other Minister shall before
entering on the duties of his office, take and subscribe before
the President the Oath of Allegiance and the appropriate Oath
for the due execution of his office in the forms set out in the
First Schedule.
Article 28 Summoning of And Presiding in Cabinet
(1) The Cabinet shall not be summoned except by the authority
of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and
preside at meetings of the Cabinet and, in his absence, such
other Minister shall preside as the Prime Minister shall appoint.
Article 29 Validity of Proceedings in Cabinet
Any proceedings in the Cabinet shall be valid notwithstanding
that some person who was not entitled to do so sat or voted
therein or otherwise took part in the proceedings.
Article 30 Assignment of Responsibility to Ministers
(1) The Prime Minister may, by directions in writing
(a) charge any Minister with responsibility for any department
or subject; and
(b) revoke or vary any directions given under this clause.
(2) The Prime Minister may retain in his charge any department
or subject.
Article 31 Parliamentary Secretaries
(1) The President, acting in accordance with the advice of the
Prime Minister, may by instrument under the public seal,
appoint Parliamentary Secretaries from among the Members of
Parliament to assist Ministers in the discharge of their duties
and functions: Provided that, if an appointment is made while
Parliament is dissolved, a person who was a Member of the last
Parliament may be appointed a Parliamentary Secretary but
shall not continue to hold office after the first sitting of the next
Parliament unless he is a Member thereof.
(2) Article 26 (2) and (3) and Article 27 shall
apply to Parliamentary Secretaries as they apply to Ministers.
Article 32 Leave of Absence for Ministers and Parliamentary Secretaries
The President, acting in accordance with the advice of the
Prime Minister, may grant leave of absence from his duties to
the Prime Minister, to any other Minister and to any
Parliamentary Secretary.
Article 33 Disabilities of Ministers and Parliamentary Secretaries
A member of the Cabinet or Parliamentary Secretary shall not
hold any office of profit and shall not actively engage in any
commercial enterprise.
Article 34 Permanent Secretaries
(1) There shall be for each Ministry one or more Permanent
Secretaries who shall be persons who are public officers.
(2)(a) Appointments to the office of Permanent Secretary shall
be made by the President, acting in accordance with the advice
of the Prime Minister, from a list of names submitted by the
Public Service Commission.
(b) The responsibility for the allocation of each Permanent
Secretary to a Ministry shall be vested in the Prime Minister.
(3) Every Permanent Secretary shall, subject to the general
direction and control of the Minister, exercise supervision over
the department or departments to which he is allocated.
Article 35 Attorney-General
(1) The office of Attorney-General is hereby constituted and
appointments thereto shall be made by the President, if he,
acting in his discretion, concurs with the advice of the Prime
Minister, from among persons who are qualified for
appointment as a Judge of the Supreme Court.
(2) When it is necessary to make an appointment to the office
of Attorney-General otherwise than by reason of the death of
the holder of that office or his removal from office under
clause (6), the Prime Minister shall, before tendering advice to
the President under clause (1), consult the person holding the
office of Attorney-General or, if that office is then vacant, the
person who has last vacated it, and the Prime Minister shall, in
every case, before tendering such advice, consult the Chief
Justice and the Chairman of the Public Service Commission.
(3) The Prime Minister shall not be obliged to consult any
person under clause (2) if he is satisfied that by reason of the
infirmity of body or mind of that person or for any other reason
it is impracticable to do so.
(4) The Attorney-General may be appointed for a specific
period and, if he was so appointed, shall, subject to clause (6),
vacate his office (without prejudice to his eligibility for
reappointment) at the expiration of that period, but, subject as
aforesaid, shall otherwise hold office until he attains the age of
60 years: Provided that
(a) he may at any time resign his office by writing under his
hand addressed to the President; and
(b) the President, if he, acting in his discretion, concurs with
the advice of the Prime Minister, may permit an
Attorney-General who has attained the age of 60 years to
remain in office for such fixed period as may have been agreed
between the Attorney-General and the Government.
(5) Nothing done by the Attorney-General shall be invalid by
reason only that he has attained the age at which he is required
by this article to vacate his office.
(6)(a) The Attorney-General may be removed from office by the
President, if he, acting in his discretion, concurs with the
advice of the Prime Minister, but the Prime Minister shall not
tender such advice except for inability of the Attorney-General
to discharge the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for
misbehavior and except with the concurrence of a tribunal
consisting of the Chief Justice and two other Judges of the
Stupreme Court nominated for that purpose by the Chief
Justice.
(b) The tribunal constituted under this clause shall regulate its
own procedure and may make rules for that purpose.
(7) It shall be the duty of the Attorney-General to advise the
Government upon such legal matters and to perform such other
duties of a legal character, as may from time to time be
referred or assigned to him by the President or the Cabinet and
to discharge the functions conferred on him by or under this
Constitution or any other written law.
(8) The Attorney-General shall have power, exercisable at his
discretion, to institute, conduct or discontinue any proceedings
for any offence.
(9) In the performance of his duties, the Attorney-General shall
have the right of audience in, and shall take precedence over
any other person appearing before any court or tribunal in
Singapore.
(10) The Attorney-General shall be paid such remuneration and
allowances as may from time to time be determined and such
remuneration and allowances shall be charged on and paid out
of the Consolidated Fund.
(11) Subject to this article, the terms of service of the
Attorney-General shall either
(a) be determined by or under any law made under this
Constitution; or
(b) (in so far as they are not determined by or under any such
law) be determined by the President.
(12) The terms of service of the Attorney-General shall not be
altered to his disadvantage during his continuance in office.
(13) For the purposes of clause (12), in so far as the terms of
service of the Attorney-General depend upon his option, any
terms for which he opts shall be taken to be more advantageous
to him than any for which he might have opted.
Article 36 Secretary of Cabinet
(1) The President, acting in accordance with the advice of the
Prime Minister, may appoint a public officer to be the Secretary
to the Cabinet.
(2) The Secretary to the Cabinet shall be responsible, in
accordance with such instructions as may be given to him by
the Prime Minister, for arranging the business for, and keeping
the minutes of, the meetings of the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person or
authority and shall have such other functions as the Prime
Minister may from time to time direct.
Article 37 Capacity of Government as Regards Property, Contracts, and Suits
(1) The Government shall have power to acquire, hold and
dispose of property of any kind and to make contracts.
(2) The Government may sue and be sued.
Article 37a Interpretation
In this Part, unless the context otherwise requires
- "Chairman" means the Chairman of the Council;
- "Council" means the Council of Presidential Advisers
constituted under Article 37b;
- "member" means a member of the Council and includes the
Chairman.
Article 37b Council of Presidential Advisers
(1) There shall be a Council of Presidential Advisers which
shall consist of
(a) two members appointed by the President acting in his
discretion;
(b) two members appointed by the President on the advice of
the Prime Minister; and
(c) one member appointed by the President on the advice of the
Chairman of the Public Service Commission.
(2) The President, acting in his discretion, shall appoint one of
the members of the Council as Chairman.
(3) A member of the Council shall serve for a term of 6 years
and shall be eligible for reappointment upon the expiry of his
term of office except that in respect of the appointment of the
first members under clause (1), one of the two members
referred to in paragraphs (a) and (b) of that clause shall be
appointed for a term of 3 years instead of 6 years.
(4) During any period when the Chairman exercises the
functions of the office of President under Article 22n or
22o, he shall not act as the Chairman for that period and
shall not take part in the proceedings of the Council and shall
appoint
(a) a person to serve as a member of the Council for that
period; and
(b) a member of the Council to act as Chairman for that period.
Article 37c Temporary Appointments During Incapacity of Members
Whenever a member informs the Chairman that he is or will be
incapable, for a period of 3 months or more, of taking part in
the proceedings of the Council by reason of illness, absence or
other cause, the Chairman shall convey the information to the
President who may appoint another person to serve as a
member for that period either in his discretion or, where that
member was appointed under Article 37b (1)(b) or (c), on
the advice of the Prime Minister or the Chairman of the Public
Service Commission, as the case may be.
Article 37d Qualifications of Members
No person shall be qualified to be appointed as a member
unless he
(a) is a citizen of Singapore;
(b) is not less than 35 years of age;
(c) is a resident of Singapore; and
(d) is not liable to any of the disqualifications referred to in
Article 37e.
Article 37e Disqualifications of Members
A person shall be disqualified for appointment as a member if
he
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt; or
(c) has been convicted of an offence by a court of law in
Singapore or a foreign country and sentenced to imprisonment
for a term of not less than one year or to a fine of not less than
$2,000 and has not received a free pardon: Provided that where
the conviction is by a court in a foreign country, the person
shall not be so disqualified unless the offence is also one which,
had it been committed in Singapore, would have been
punishable by a court of law in Singapore.
Article 37f Termination of Membership
(1) The Chairman shall vacate the office of Chairman of the
Council when a newly elected President assumes office during
the term of appointment of the Chairman.
(2) A member shall vacate his seat in the Council
(a) if he ceases to be a citizen of Singapore;
(b) if by writing under his hand addressed to the Chairman he
resigns his seat; or
(c) if he becomes subject to any of the disqualifications referred
to in Article 37e.
Article 37g Determination of Questions as to Membership
(1) Any question as to the validity of the appointment of a
member or whether any person has vacated his seat as a
member of the Council shall be referred to and determined by a
tribunal consisting of a Judge of the Supreme Court appointed
by the Chief Justice and two other persons appointed by the
Council.
(2) Any tribunal constituted under clause (1) shall
(a) sit in private;
(b) afford the person concerned adequate opportunity to call
witnesses and be heard; and
(c) report its decision to the Chairman.
(3) The decision of the tribunal shall be final and shall not be
questioned in any court.
Article 37h Oaths of Allegiance and Secrecy
Before any person who has been appointed Chairman or a
member enters upon the duties of his office, he shall take and
subscribe before a Judge of the Supreme Court the Oath of
Allegiance and the Oath of Secrecy in the forms set out
respectively in paragraphs 2 and 8 in the First Schedule.
Article 37i Function of Council
It shall be the function of the Council to advise and make
recommendations to the President on any matter referred to the
Council by the President pursuant to Article 21 (3)
or (4).
Article 37j Proceedings of Council
(1) The proceedings of the Council shall be conducted in
private and the Council may require any public officer or any
officer of any statutory board or Government company to
appear before the Council and to give such information in
relation to any matter referred to the Council by the President
pursuant to Article 21 (3) or (4) and such officer shall
not disclose or divulge to any person any matter which has
arisen at any meeting of the Council unless he is expressly
authorized to do so by the President.
(2) In advising or making recommendations to the President in
relation to any Supply Bill, Supplementary Supply Bill, or Final
Supply Bill, the Council shall state
(a) whether its advice or recommendation is unanimous or the
number of votes for and against it; and
(b) where the Council advises or recommends to the President
to withhold his assent to any Supply Bill, Supplementary Supply
Bill, or Final Supply Bill, the grounds on which the Council
reached its conclusion.
(3) Subject to the provisions of this Constitution, the Council
may make rules with respect to the regulation and conduct of its
proceedings and the despatch of its business (including any
quorum) but no such rules shall have effect until they have been
approved by the President.
Article 37k Council to Report to Prime Minister and Parliament
The Council shall, as soon as practicable after advising or
making any recommendation to the President in relation to a
Supply Bill, Supplementary Supply Bill, or Final Supply Bill,
send a copy of the advice or recommendation to
(a) the Prime Minister; and
(b) the Speaker who shall cause the copy to be presented to
Parliament as soon as possible.
Article 37l Fees
(1) There shall be paid to the Chairman and the other members
of the Council such fees as may be determined by the President.
(2) The fees payable under Clause (1) shall be charged on and
paid out of the Consolidated Fund and shall not be diminished
during the continuance in office of the Chairman and the
members of the Council.
Article 37m Appointment of Staff
The Council shall have power to appoint a Secretary to the
Council and such other officers as may be required to enable
the Council to carry out its functions.
Article 38 Legislature of Singapore
The Legislature of Singapore shall consist of the President and
Parliament
Article 39 Parliament
(1) Parliament shall consist of
(a) such number of elected Members as is required to be
returned at a general election by the constituencies prescribed
by or under any law made by the Legislature;
(b) such other Members, not exceeding 6 in number, who shall
be known as non-constituency Members, as the Legislature may
provide in any law relating to Parliamentary elections to ensure
the representation in Parliament of a minimum number of
Members from a political party or parties not forming the
Government; and
(c) such other Members not exceeding 6 in number, who shall
be known as nominated Members, as may be appointed by the
President in accordance with the provisions of the Fourth
Schedule.
(2) A non-constituency Member or a nominated Member shall
not vote in Parliament on any motion pertaining to
(a) a Bill to amend the Constitution;
(b) a Supply Bill, Supplementary Supply Bill, or Final Supply
Bill;
(c) a Money Bill as defined in Article 68;
(d) a vote of no confidence in the Government; and
(e) removing the President from office under Article
22l.
(3) In this article and in Articles 39a and 47, a
constituency shall be construed as an electoral division for the
purposes of Parliamentary elections.
(4) If any person who is not a Member of Parliament is elected
as Speaker or Deputy Speaker, he shall, by virtue of holding
the office of Speaker or Deputy Speaker, be a Member of
Parliament in addition to the Members aforesaid, except for the
purposes of Chapter 2 of Part V and of Article 46.
Article 39a Group Representation Constituencies
(1) The Legislature may, in order to ensure the representation
in Parliament of Members from the Malay, Indian and other
minority communities, by law make provision for
(a) any constituency to be declared by the President, having
regard to the number of electors in that constituency, as a group
representation constituency to enable any election in that consti-
tuency to be held on a basis of a group of not less than 3 but
not more than 4 candidates; and
(b) the qualifications, in addition to those in Article 44,
of persons who may be eligible for any election in group
representation constituencies, including the requirements
referred to in clause (2).
(2) Any law made pursuant to clause (1) shall provide for
(a) the President to designate every group representation
constituency
(i) as a constituency where at least one of the candidates in
every group shall be a person belonging to the Malay commu-
nity; or
(ii) as a constituency where at least one of the candidates in
every group shall be a person belonging to the Indian or other
minority communities;
(b) the establishment of
(i) a committee to determine whether a person desiring to be a
candidate belongs to the Malay community; and
(ii) a committee to determine whether a person desiring to be a
candidate belongs to the Indian or other minority communities,
for the purpose of any election in group representation
constituencies;
(c) all the candidates in every group to be either members of
the same political party standing for election for that political
party or independent candidates standing as a group;
(d) the minimum and maximum number of Members to be
returned by all group representation constituencies at a general
election; and
(e) the number of group representation constituencies to be
designated under Paragraph (a)(i).
(3) No provision of any law made pursuant to this article shall
be invalid on the ground of inconsistency with Article 12
or be considered to be a differentiating measure under Article
78.
(4) In this article
- "election" means an election for the purpose of electing a
Member of Parliament;
- "group" means a group of not less than 3 but not more than 4
candidates nominated for any election in any group
representation constituency;
- "person belonging to the Malay community" means - any
person, whether of the Malay race or otherwise, who considers
himself to be a member of the Malay community and who is
generally accepted as a member of the Malay community by
that community;
- "person belonging to the Indian or other minority
communities" means any person of Indian origin who considers
himself to be a member of the Indian community and who is
generally accepted as a member of the Indian community by
that community, or any person who belongs to any minority
community other than the Malay or Indian community.
Article 40 Speaker
(1) When Parliament first meets after any general election and
before it proceeds to the despatch of any other business, it shall
elect a person to be Speaker, and, whenever the office of
Speaker is vacant otherwise than by reason of a dissolution of
Parliament, shall not transact any business other than the
election of a person to fill that office.
(2) The Speaker may be elected, in such manner as Parliament
may from time to time decide, either from among the Members
of Parliament who are neither Ministers nor Parliamentary
Secretaries or from among persons who are not Members of
Parliament: Provided that a person who is not a Member of
Parliament shall not be elected as Speaker if, under any of the
provisions of this Constitution, he is not qualified for election
as a Member of Parliament.
(3) Upon the Speaker being elected and before he enters upon
the duties of his office, he shall (unless he has already done so
in accordance with Article 61) take and subscribe before
Parliament the Oath of Allegiance in the form set out in the
First Schedule.
(4) The Speaker may at any time resign his office by writing
under his hand addressed to the Clerk of Parliament, and shall
vacate his office
(a) when Parliament first meets after a general election;
(b) in the case of a Speaker elected from among the Members
of Parliament, if he ceases to be a Member of Parliament
otherwise than by reason of a dissolution thereof or if he is
appointed to be a Minister or a Parliamentary Secretary; or
(c) in the case of a Speaker elected from among persons who
are not Members of Parliament, if any circumstance arises that,
if he had been elected to a seat in Parliament, would cause him
to vacate his seat by virtue of Article 46 (2)(a) or (e).
Article 41 Remuneration of Speaker
The Speaker shall be paid such salary as Parliament may from
time to time determine, and that salary, which is hereby
charged on the Consolidated Fund, shall not be diminished
during his continuance in office.
Article 42 Deputy Speaker
(1) Parliament shall from time to time elect two Deputy
Speakers; and whenever the office of a Deputy Speaker is
vacant otherwise than by reason of a dissolution of Parliament,
Parliament shall, as soon as convenient, elect a person to that
office.
(2)(a) A Deputy Speaker may be elected, in such manner as
Parliament may from time to time decide, either from among
the Members of Parliament who are neither Ministers nor
Parliamentary Secretaries or from among persons who are not
Members of Parliament: Provided that a person who is not a
Member of Parliament shall not be elected as Deputy Speaker
if, under any of the provisions of this Constitution, he is not
qualified for election as a Member of Parliament.
(b) Upon a Deputy Speaker being elected and before he enters
upon the duties of his office, he shall (unless he has already
done so in accordance with Article 61) take and
subscribe before Parliament the Oath of Allegiance in the form
et out in the First Schedule.
(c) A Deputy Speaker may at any time resign his office, by
writing under his hand addressed to the Clerk of Parliament
and shall vacate his office
(i) when Parliament first meets after a general election;
(ii) in the case of a Deputy Speaker elected from among the
Members of Parliament, if he ceases to be a Member of
Parliament otherwise than by reason of a dissolution thereof or
if he is appointed to be a Minister or a Parliamentary Secretary;
or
(iii) in the case of a Deputy Speaker elected from among
persons who are not Members of Parliament, if any
circumstance arises that, if he had been elected to a seat in
Parliament, would cause him to vacate his seat by virtue of
Article 46 (2)(a) or (e).
(3) A Deputy Speaker shall be paid such salary or allowance as
Parliament may from time to time determine and that salary or
allowance, which is hereby charged on the Consolidated Fund,
shall not be diminished during his continuance in office.
Article 43 Performance of Functions of Speaker
The functions conferred by this Constitution upon the Speaker
shall, if there is no person holding the office of Speaker or if
the Speaker is absent from a sitting of Parliament or is
otherwise unable to perform those functions, be performed by a
Deputy Speaker, or if there be no Deputy Speaker or if he is
likewise absent or unable to perform those functions, by some
other person to be elected by Parliament for the purpose.
Article 44 Qualifications for Membership of Parliament
(1) Members of Parliament shall be persons qualified for
election or for appointment in accordance with the provisions of
this Constitution and elected in the manner provided by or
under any law for the time being in force in Singapore or
appointed in accordance with the provisions of the Fourth
Schedule.
(2) A person shall be qualified to be elected or appointed as a
Member of Parliament if
(a) he is a citizen of Singapore;
(b) he is of the age of 21 years or above on the day of
nomination;
(c) his name appears in a current register of electors;
(d) he is resident in Singapore at the date of his nomination for
election and has been so resident for periods amounting in the
aggregate to not less than 10 years prior to that date;
(e) he is able, with a degree of proficiency sufficient to enable
him to take an active part in the proceedings of Parliament, to
speak and, unless incapacitated by blindness or other physical
cause, to read and write at least one of the following languages,
that is to say, English, Malay, Mandarin and Tamil; and
(f) he is not disqualified from being a Member of Parliament
under Article 45.
(3) Any question whether any person possesses the
qualifications mentioned in clause (2) (e) shall be determined in
such manner as may be prescribed by or under any law for the
time being in force in Singapore or, in so far as not so
prescribed, as may be provided by order made by the President
and published in the Gazette.
Article 45 Disqualifications for Membership of Parliament
(1) Subject to this article, a person shall not be qualified to be a
Member of Parliament who
(a) is and has been found or declared to be of unsound mind;
(b) is an undischarged bankrupt;
(c) holds an office of profit;
(d) having been nominated for election to Parliament or the
office of President or having acted as election agent to a person
so nominated, has failed to lodge any return of election
expenses required by law within the time and in the manner so
required;
(e) has been convicted of an offence by a court of law in
Singapore or Malaysia and sentenced to imprisonment for a
term of not less than one year or to a fine of not less than
$2,000 and has not received a free pardon: Provided that where
the conviction is by a court of law in Malaysia, the person shall
not be so disqualified unless the offence is also one which, had
it been committed in Singapore, would have been punishable by
a court of law in Singapore;
(f) has voluntarily acquired the citizenship of, or exercised
rights of citizenship in, a foreign country or has made a
declaration of allegiance to a foreign country; or
(g) is disqualified under any law relating to offenses in
connection with elections to Parliament or the office of
President by reason of having been convicted of such an offence
or having in proceedings relating to such an election been
proved guilty of an act constituting such an offence.
(2) The disqualification of a person under Clause (1)(d) or (e)
may be removed by the President and shall, if not so removed,
cease at the end of 5 years beginning from the date on which
the return mentioned in clause (1) (d) was required to be lodged
or, as the case may be, the date on which the person convicted
as mentioned in clause (1) (e) was released from custody or the
date on which the fine mentioned in clause (1) (e) was imposed
on such person; and a person shall not be disqualified under
clause (1) (f) by reason only of anything done by him before he
became a citizen of Singapore.
(3) In Clause (1)(f), "foreign country" does not include any part
of the Commonwealth or the Republic of Ireland.
Article 46 Tenure of Office of Members
(1) Every Member of Parliament shall cease to be a Member at
the next dissolution of Parliament after he has been elected or
appointed, or previously thereto if his seat becomes vacant,
under the provisions of this Constitution.
(2) The seat of a Member of Parliament shall become vacant
(a) if he ceases to be a citizen of Singapore;
(b) if he ceases to be a member of, or is expelled or resigns
from, the political party for which he stood in the election;
(c) if, by writing under his hand addressed to the Speaker, he
resigns his seat in Parliament;
(d) if during two consecutive months in each of which sittings
of Parliament (or any committee of Parliament to which he has
been appointed) are held, he is absent from all such sittings
without having obtained from the Speaker before the
termination of any such sitting permission to be or to remain
absent therefrom;
(e) if he becomes subject to any of the disqualifications
specified in Article 45;
(f) if he is expelled from Parliament in the exercise of its power
of expulsion; or
(g) if being a nominated Member, his term of service as such a
Member expires.
(2a) A non-constituency Member of Parliament shall vacate his
seat as such a Member if he is subsequently elected as a
Member of Parliament for any constituency.
(2b) A nominated Member of Parliament shall vacate his seat as
such a Member
(a) if he stands as a candidate for any political party in an
election; or
(b) if not being a candidate referred to in paragraph (a), he is
elected as a Member of Parliament for any constituency.
(3) Any person whose seat in Parliament has become vacant
may, if qualified, again be elected or appointed as a Member of
Parliament from time to time.
Article 47 Provision Against Double Membership
A person shall not be at the same time a Member of Parliament
for more than one constituency.
Article 48 Decision on Questions as to Disqualification
Any question whether
(a) any Member of Parliament has vacated his seat therein; or
(b) in the case of any person who has been elected as Speaker
or Deputy Speaker from among persons who are not Members
of Parliament, any circumstance has arisen that, if he had been
elected to a seat in Parliament, would cause him to vacate his
seat by virtue of Article 46 (2)(a) or (e), shall be
determined by Parliament whose decision shall be final:
Provided that this article shall not be taken to prevent the
practice of Parliament postponing a decision in order to allow
for the taking or determination of any proceedings that may
affect the decision (including proceedings for the removal of the
disqualification).
Article 49 Filing of Vacancies
(1) Whenever the seat of a Member, not being a
non-constituency Member, has become vacant for any reason
other than a dissolution of Parliament, the vacancy shall be
filled by election in the manner provided by or under any law
relating to Parliamentary elections for the time being in force.
(2) The Legislature may by law provide for
(a) the vacating of a seat of a non-constituency Member in
circumstances other than those specified in Article 46;
(b) the filling of vacancies of the seats of non-constituency
Members where such vacancies are caused otherwise than by a
dissolution of Parliament.
Article 50 Penalty for Unqualified Persons Sitting or Voting in Parliament
(1) Any person who sits or votes in Parliament, knowing or
having reasonable ground for knowing that he is not entitled to
do so, shall be liable to a penalty not exceeding $200 for each
day on which he so sits or votes.
(2) The said penalty shall be recoverable by action in the High
Court at the suit of the Attorney-General.
Article 51 Staff of Parliament
(1) The staff of Parliament shall consist of a Clerk of
Parliament and such other officers as may from time to time be
appointed under Part IX to assist him.
(2) The Clerk of Parliament shall be appointed by the President
after consultation with the Speaker and the Public Service
Commission.
(3) The Clerk of Parliament may at any time resign his office
by writing under his hand addressed to the Speaker and, subject
to clause (4), may be removed from office by the President
after consultation with the Speaker.
(4) The Clerk of Parliament shall not be removed from office
under clause (3) unless Parliament, by a resolution which has
received the affirmative votes of not less than two-thirds of all
the Members thereof, has resolved that he ought to be so
removed for inability to discharge the functions of his
office (whether arising from infirmity of body or mind or any
other cause) or for misbehavior.
(5) The staff of Parliament shall not be eligible for promotion
or transfer to any other office in the public service without the
consent of the Speaker.
(6) Subject to Article 159, the terms of service of the
staff of Parliament may be determined by Parliament after
receiving the advice of a Commission consisting of the
following persons, that is to say:
(a) the Speaker, as Chairman;
(b) not more than 3 Ministers nominated by the Prime Minister,
of whom one shall be the Minister responsible for finance; and
(c) a member of the Public Service Commission.
Article 52 Standing Orders
Subject to the provisions of this Constitution, Parliament may,
from time to time, make, amend and revoke Standing Orders
for the regulation and orderly conduct of its own proceedings
and the despatch of business.
Article 53 Use of Languages in Parliament
Until the Legislature otherwise provides, all debates and
discussions in Parliament shall be conducted in Malay, English,
Mandarin, or Tamil.
Article 54 Presiding in Parliament
The Speaker shall preside at each sitting of Parliament.
Article 55 Validity of Proceedings of Parliament
Parliament shall not be disqualified for the transaction of
business by reason of any vacancy among the Members thereof,
including any vacancy not filled when Parliament is first
constituted or is reconstituted at any time; and any proceedings
therein shall be valid notwithstanding that some person who was
not entitled to do so sat or voted in Parliament or otherwise
took part in the proceedings.
Article 56 Quorum
If objection is taken by any Member present that there are
present (besides the Speaker or other Member presiding) fewer
than one-quarter of the total number of Members and, after
such interval as may be prescribed in the Standing Orders of
Parliament, the Speaker or other Member presiding ascertains
that the number of Members present is still less than
one-quarter of the total number of Members, he shall thereupon
adjourn Parliament.
Article 57 Voting
(1) Subject to this Constitution, all questions proposed for
decision in Parliament shall be determined by a majority of the
votes of the Members present and voting; and if, upon any
question before Parliament, the votes of the Members are
equally divided, the motion shall be lost.
(2) If the Speaker has been elected from among persons who
are not Members of Parliament, he shall not vote, but subject to
this provision, the Speaker or other person presiding shall have
an original vote but no casting vote.
Article 58 Exercise of Legislative Power
(1) Subject to the provisions of Part VII, the power of
the Legislature to make laws shall be exercised by Bills
(2) A Bill shall become law on being assented to by the
President and such law shall come into operation on the date of
its publication in the Gazette or, if it is enacted either in such
law or in any other law for the time being in force in Singapore
that it shall come into operation on some other date, on that
date.
Article 59 Introduction of Bills
(1) Subject to the provisions of this Constitution and of
Standing Orders of Parliament, any Member may introduce any
Bill or propose any motion for debate in, or may present any
petition to, Parliament, and the same shall be debated and
disposed of according to the Standing Orders of Parliament.
(2) A Bill or amendment making provision (whether directly or
indirectly) for
(a) imposing or increasing any tax or abolishing, reducing or
remitting any existing tax;
(b) the borrowing of money, or the giving of any guarantee, by
the Government, or the amendment of the law relating to the
financial obligations of the Government;
(c) the custody of the Consolidated Fund, the charging of any
money on the Consolidated Fund or the abolition or alteration
of any such charge;
(d) the payment of moneys into the Consolidated Fund or the
payment, issue or withdrawal from the Consolidated Fund of
any moneys not charged thereon, or any increase in the amount
of such a payment, issue or withdrawal; or
(e) the receipt of any moneys on account of the Consolidated
Fund or the custody or issue of such moneys,
being provision as respects which the Minister charged with
responsibility for finance signifies that it goes beyond what is
incidental only and not of a substantial nature having regard to
the purposes of the Bill or amendment, shall not be introduced
or moved except on the recommendation of the President
signified by a Minister.
(3) A Bill or amendment shall not be deemed to make provision
for any of the said matters by reason only that it provides for
the imposition or alteration of any fine or other pecuniary
penalty or for the payment or demand of a license fee or a fee
or charge for any service rendered.
Article 60 Words of Enactment of Laws
In every Bill presented for assent, the words of enactment shall
be as follows: "Be it enacted by the President with the advice
and consent of the Parliament of Singapore, as follows ".
Article 61 Oath of Allegiance
No Member of Parliament shall be permitted to take part in the
proceedings thereof (other than proceedings necessary for the
purpose of this article) until he has taken and subscribed before
Parliament the Oath of Allegiance in the form set out in the
First Schedule: Provided that the election of a Speaker
may take place before the Members of Parliament have taken
and subscribed such Oath.
Article 62 Address by President
The President may address Parliament and may send messages
thereto.
Article 63 Privileges of Parliament
It shall be lawful for the Legislature by law to determine and
regulate the privileges, immunities or powers of Parliament.
Article 64 Sessions of Parliament
(1) There shall be a session of Parliament once at least in every
year and a period of 6 months shall not intervene between the
last sitting of Parliament in any one session and the first sitting
thereof in the next session.
(2) The sessions of Parliament shall be held in such places and
shall commence at such times as the President may, from time
to time, by Proclamation in the Gazette, appoint.
Article 65 Prorogation and Dissolution of Parliament
(1) The President may, at any time, by Proclamation in the
Gazette, prorogue Parliament.
(2) If, at any time, the office of Prime Minister is vacant, the
President shall, by Proclamation in the Gazette, dissolve
Parliament as soon as he is satisfied, acting in his discretion,
that a reasonable period has elapsed since that office was last
vacated and that there is no Member of Parliament likely to
command the confidence of a majority of the Members thereof.
(3) The President may, at any time, by Proclamation in the
Gazette, dissolve Parliament if he is advised by the Prime
Minister to do so, but he shall not be obliged to act in this
respect in accordance with the advice of the Prime Minister
unless he is satisfied that, in tendering that advice the Prime
Minister commands the confidence of a majority of the
Members of Parliament.
(3a) The President shall not dissolve Parliament after a notice of
motion proposing an inquiry into the conduct of the President
has been given under Article 22l (3) unless
(a) a resolution is not passed pursuant to the notice of such
motion under Article 22l (4);
(b) where a resolution has been passed pursuant to the notice of
such motion under Article 22l (4), the tribunal
appointed under Article 22l (5) determines and reports
that the President has not become permanently incapable of
discharging the functions of his office or that the President has
not been guilty of any of the other allegations contained in such
motion;
(c) the consequent resolution for the removal of the President is
not passed under Article 22l (7); or
(d) Parliament by resolution requests the President to dissolve
Parliament.
(4) Parliament, unless sooner dissolved, shall continue for 5
years from the date of its first sitting and shall then stand
dissolved.
Article 66 General Elections
There shall be a general election at such time, within 3 months
after every dissolution of Parliament, as the President shall, by
Proclamation in the Gazette, appoint.
Article 67 Remuneration of Members
The Legislature may by law make provision for the
remuneration of Members of Parliament.
Article 68 Interpretation
In this Part, unless the context otherwise requires
- "adverse report" means a report of the Council stating that, in
the opinion of the Council, some specified provision of a Bill or
of a subsidiary legislation would be a differentiating
measure;
- "Chairman" means the Chairman of the Council;
- "Council" means the Presidential Council for Minority Rights
established under Article 69;
- "differentiating measure" means any measure which is, or is
likely in its practical application to be, disadvantageous to
persons of any racial or religious community and not equally
disadvantageous to persons of other such communities, either
directly by prejudicing persons of that community or indirectly
by giving advantage to persons of another community;
- "member" means a member of the Council and includes the
Chairman;
- "Money Bill" means a Bill which contains only provisions
dealing with all or any of the following matters:
(a) the imposition, repeal, remission, alteration or regulation of
taxation;
(b) the imposition, for the payment of debt or other financial
purposes, of charges on the Consolidated Fund or any other
public funds, or the variation or repeal of any such charges;
(c) the grant of money to the Government or to any authority or
person, or the variation or revocation of any such grant;
(d) the appropriation, receipt, custody, investment, issue or
audit of accounts of public money;
(e) the raising or guarantee of any loan or the repayment
thereof, or the establishment, alteration, administration or
abolition of any sinking fund provided in connection with any
such loan;
(f) subordinate matters which are ancillary or incidental to any
of the foregoing matters;
- "sitting day" means any date on which Parliament meets.
Article 69 Establishment of Presidential Council for Minority Rights
(1) There shall be a Presidential Council for Minority Rights
which shall consist of
(a) a Chairman appointed for a period of 3 years;
(b) not more than 10 permanent members appointed for life;
and
(c) not more than 10 other members appointed for a period of 3
years.
(2) The Chairman and the members shall be appointed by
the-President if he, acting in his discretion, concurs with the
advice of the Cabinet.
(3) The Chairman and the members appointed under
clause (1) (c) shall be eligible for reappointment.
Article 70 Temporary Appointment During Incapacity of Member
Whenever a member informs the Chairman that he is or will be
incapable, for a period of 3 months or more, of taking part in
the proceedings of the Council by reason of illness, absence or
other cause, the Chairman shall convey the information to the
President who may, if he, acting in his discretion, concurs with
the advice of the Cabinet, appoint a person to serve as a
member for that period.
Article 71 Qualifications of Members
No person shall be qualified to be appointed as a member
unless he
(a) is a citizen of Singapore;
(b) is not less than 35 years of age;
(c) is resident in Singapore; and
(d) is not liable to any of the disqualifications provided in
Article 72.
Article 72 Disqualifications of Members
A person shall be disqualified for appointment as a member
who
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt;
(c) has been convicted of an offence by a court of law in
Singapore or Malaysia and sentenced to imprisonment for a
term of not less than one year or to a fine of not less than
$2,000 and has not received a free pardon: Provided that where
the conviction is by a court of law in Malaysia, the person shall
not be so disqualified unless the offence is also one which, had
it been committed in Singapore, would have been punishable by
a court of law in Singapore; or
(d) has voluntarily acquired the citizenship of, or exercise the
rights of citizenship in, a foreign country or has made a
declaration of alliance to a foreign country.
Article 73 Termination of Membership
A member shall vacate his seat in the Council
(a) if he ceases to be a citizen of Singapore;
(b) if by writing under his hand addressed to the Chairman he
resigns his seat; or
(c) if he becomes subject to any of the disqualifications
provided in Article 72.
Article 74 Determination of Questions as to Membership
(1) Any question whether any person has become a member or
has vacated his seat as such member shall be referred to and
determined by a tribunal consisting of a Judge of the Supreme
Court appointed by the Chief Justice and two members
appointed by the Council.
(2) Any tribunal constituted under clause (1) shall
(a) sit in private;
(b) afford the person concerned adequate opportunity to call
witnesses and be heard; and
(c) report its decision to the Chairman.
(3) The decision of the tribunal shall be final and shall not be
open to question in any court.
Article 75 Oaths of Allegiance and Secrecy
Before any person who has been appointed Chairman or a
member enters upon the duties of his office, he shall take and
subscribe before a Judge of the Supreme Court the Oath of
Allegiance and the Oath of Secrecy in the forms set out
respectively in paragraphs 2 and 7 in the First Schedule.
Article 76 General Function of Council
(1) If shall be the general function of the Council 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.
(2) A reference to the Council by Parliament may be made by
the Speaker, and a reference to the Council by the Government
may be made by a Minister.
Article 77 Functions of Council in Respect of Bills and Subsidiary Legislation
It shall be the particular function of the Council to draw
attention to any Bill or to any subsidiary legislation if that Bill
or subsidiary legislation is, in the opinion of the Council, a
differentiating measure.
Article 78 Copies of Bills and Amendments Thereto to be Sent to Council
(1) Immediately after any Bill to which this article applies has
been given a final reading and passed by Parliament and before
it is presented to the President for assent, the Speaker shall
cause an authenticated copy of the Bill to be sent to the
Council.
(2) The Council shall consider the Bill and shall, within 30 days
of the date on which the Bill was sent to the Council, make a
report to the Speaker stating whether or not in the opinion of
the Council any and, if so, which provision of the Bill would, if
enacted, be a differentiating measure.
(3) Whenever after the receipt of an adverse report from the
Council, the Bill to which it relates is amended by Parliament,
the Speaker shall cause the Bill in its amended form to be sent
again to the Council.
(4) On the application of the Chairman, the Speaker may
extend, as he thinks fit, the period of 30 days prescribed by
clause (2), where he considers it proper to do so on account of
the length or complexity of any Bill or the number of matters
for the time being under consideration by the Council or for
any sufficient reason.
(5) The Speaker shall cause every report received by him from
the Council in pursuance of clause (2) to be presented to
Parliament without undue delay. Where the Speaker receives no
such report on the Bill within the time provided in clause (2),
or any extension thereof granted under clause (4), it shall be
conclusively presumed that the Council is of the opinion that no
provision of the Bill would, if enacted, be a differentiating
measure.
(6) No Bill to which this article applies shall be presented to the
President for assent unless it is accompanied by a certificate
under the hand of the Speaker stating that
(a) in the opinion of the Council no provision of the Bill would,
if enacted, be a differentiating measure;
(b) no report having been received from the Council within the
time prescribed or any extension thereof, the Council is
presumed to be of the opinion that no provision of the Bill
would, if enacted, be a differentiating measure; or
(c) notwithstanding the opinion of the Council that some
specified provision of the Bill would, if enacted, be a
differentiating measure, a motion for the presentation of the Bill
to the President for assent has been passed by the affirmative
vote of not less than two-thirds of the total membership of
Parliament.
(7) This article shall not apply to
(a) a Money Bill;
(b) a Bill certified by the Prime Minister as being one which
affects the defence or the security of Singapore or which relates
to public safety, peace or good order in Singapore; or
(c) a Bill certified by the Prime Minister to be so urgent that it
is not in the public interest to delay its enactment.
(8) A Bill shall be deemed to be a Money Bill if the Speaker
certifies in writing that, in his opinion, it is a Bill to which the
definition of "Money Bill" contained in Article 68
applies. No Money Bill shall be presented to the President for
assent, unless it is accompanied by the Speaker's certificate
which shall be conclusive for all purposes and shall not be open
to question in any court.
Article 79 Functions of Council in Regard to Bills Enacted on a Certificate of Urgency
(1) Where the President assents to a Bill which has been
certified as urgent by the Prime Minister under Article
78 (7), it shall nevertheless be the duty of the Speaker to
cause an authenticated copy of the Act to be sent as soon as
may be to the Council.
(2) The Council shall thereupon consider the Act and shall,
within 30 days of the date on which the Act was sent to the
Council, make a report to the Speaker stating whether or not in
the opinion of the Council any and, if so, which provision of
the Act is a differentiating measure.
(3) The Speaker shall cause any such report to be presented to
Parliament as soon as possible.
Article 80 Functions of Council in Regard to Subsidiary Legislation
(1) An authenticated copy of every piece of subsidiary
legislation shall be sent to the Council by the appropriate
Minister within 14 days of the publication of such subsidiary
legislation.
(2) The Council shall thereupon consider such subsidiary
legislation and shall, within 30 days of the date on which the
subsidiary legislation was sent to the Council, make a report to
the Speaker and to the appropriate Minister, stating whether or
not in the opinion of the Council any and, if so, which
provision of the subsidiary legislation is a differentiating
measure.
(3) The Speaker shall cause every report of the Council on
every piece of subsidiary legislation to be presented to
Parliament on the next sitting day after receiving the Council's
report.
(4) Where an adverse report in respect of any provision of any
subsidiary legislation is presented to Parliament in pursuance of
clause (3), then, within 6 months after the presentation of that
report, unless either
(a) the provision has been revoked or amended by the
appropriate Minister; or
(b) Parliament has passed a resolution confirming that
provision, the appropriate Minister shall revoke such provision
and cause a notice of revocation to be published in the Gazette.
(5) If no report on any subsidiary legislation is received from
the Council within the time provided in clause (2), it shall be
conclusively presumed that the Council is of the opinion that no
provision in such subsidiary legislation is a differentiating
measure.
Article 81 Functions of Council in Regard to Certain Written Law
(1) The Council may examine any written law in force on 9 Jan
1970 and may make a report in regard to any provision in such
written law which, in the opinion of the Council, is a
differentiating measure.
(2) The Council shall send such report to the Speaker and the
Speaker shall cause such report to be presented to Parliament as
soon as possible.
(3) In the case of a report on any subsidiary legislation, the
Council shall also cause a copy of the report to be sent to the
appropriate Minister.
Article 82 Duties of Chairman
(1) The Council shall meet on the summons of the Chairman.
(2) The Chairman, if present, shall preside at all meetings of
the Council.
(3) Whenever the office of Chairman is vacant or the Chairman
for any reason is unable to attend, some other member shall be
elected by the Council to act as Chairman.
Article 83 Quorum and Voting
(1) The Council shall not transact any business unless a quorum
of 8 members, including the Chairman or member presiding, is
present.
(2) Any decision of the Council shall be made by a majority of
the votes of the members present and voting.
(3) The Chairman or member presiding shall have an original
vote but not a casting vote.
(4) If upon any question before the Council the votes of the
members are equally divided, the motion shall be deemed to be
lost.
Article 84 Proceedings of Council to be in Private
The proceedings of the Council shall be conducted in private
and the Council shall not be entitled to hear objectors or
examine witnesses in regard to any Bill or law which is being
considered by the Council in pursuance of the provisions of this
Part.
Article 85 Council's Report
In reporting the opinion of the Council under the provisions of
this Part, the Council shall state
(a) either that the report is unanimous or the number of votes
for and against it; and
(b) in the case of an adverse report, the grounds on which the
Council has reached its conclusion.
Article 86 Validity of Proceedings Notwithstanding Vacancy in Membership
Subject to Article 83 (1), the Council shall not be
disqualified for the transaction of business by reason of any
vacancy among the members thereof; and any proceedings
therein shall be valid notwithstanding that some person who was
not entitled to do so took part in those proceedings.
Article 87 Attendance of Minister, etc.
Any Minister, Minister of State or Parliamentary Secretary
specially authorized by the Prime Minister for this purpose shall
be entitled to attend and take part in the proceedings of the
Council as if he were a member but shall not have the right to
vote in the Council.
Article 88 Power of Council to Make Rules Regulating Procedure
Subject to the provisions of this Constitution, the Council may
make rules with respect to the regulation and conduct of its
proceedings and the despatch of its business but rio such rules
shall have effect until they have been approved by the
President.
Article 89 Annual Report
(1) Once in every year it shall be the duty of the Council to
compile and present to the President a report on the work of the
Council during the preceding 12 months.
(2) The President shall cause such report to be presented to
Parliament as soon as possible.
Article 90 Salaries and Fees
(1) There shall be paid to the Chairman and the other members
such salaries and fees as may be determined by the President.
(2) The salaries and fees payable under clause (1) shall be
defrayed out of moneys provided by Parliament.
Article 91 Appointment of Staff
The Council shall have power to appoint a Secretary to the
Council and such other officers as may be required to enable
the Council to carry out its functions under this Part.
Article 92 Power to Make Rules Generally
The President may make rules for the conduct of business
between the Council and Parliament and between the Council
and any authority empowered to make subsidiary legislation,
and generally for carrying out the purposes of this Part.
Article 93 Judicial Power of Singapore
Article 93a Jurisdiction to Determine Questions as to Validity of Presidential Election
Article 94 Constitution of Supreme Court
Article 95 Appointment of Judges of Supreme Court
Article 96 Qualifications of Judges of Supreme Court
Article 97 Oath of Office of Judges and Judicial Commissioners of Supreme Court
Article 98 Tenure of Office and Remuneration of Judges of Supreme Court
Article 99 Restriction on Parliamentary Discussion of Conduct of a Judge of Supreme Court
Article 100 Advisory Opinion
Article 101 Continuance of Existing Judges
Article 102 Public Services
Article 103 Interpretation
[Schedule I] First Schedule: Forms of Oaths
{For the Articles 20 (3); 27; 37h;
40 (3); 42 (2)(b); 61; 75; 97,
105 (8) and 110c (8)}
Section 1 Oath of Office of President
Section 1a Oath of Office of Person Exercising Functions of Office of President
Section 2 Oath of Allegiance
Section 3 Oath as Member of Parliament
Section 4 Oath for due execution of Office of Prime Minister
Section 4a Oath for due execution of Office of Minister or Parliamentary Secretary
Section 5 Oath for the Office of Chairman or other Member of the Public Service Commission
Section 6 Oath of Office of Chief Justice, a Judge of the Supreme Court and a Judicial Commissioner
Section 7 Oath of Secrecy of Chairman or Member of the Presidential Council for Minority Rights
Section 8 Oath of Secrecy of Chairman or Member of Council of Presidential Advisers
{For the Articles 122 (2); 126 (1) and (3); and
127 (4)}
"I, ..., do solemnly swear (or affirm) that I will not exercise the
rights, powers and privileges to which I may be entitled by
reason of any foreign nationality or citizenship, and that I
absolutely and entirely renounce all loyalty to any foreign
Sovereign or State or Country and, I, ... do further solemnly
swear (or affirm) that I will be faithful and bear true allegiance
to the Republic of Singapore, and that I will observe the laws
and be a true, loyal and faithful citizen of Singapore."
{For the Article 140}
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
{For the Articles 39 (1)(c) and 44 (1)}
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
{For the Articles 22a and 22c}
1. Board of Commissioners of Currency, Singapore.
1. Government of Singapore Investment Corporation Pte.
Ltd.
The judicial power of Singapore shall be vested in a Supreme
Court
(1) All proceedings relating to the election of the President shall
be heard and determined by the Chief Justice or by a Judge of
the Supreme Court nominated by the Chief Justice for the
purpose (referred to in this Constitution as the Election Judge).
(2) The Election Judge shall have the power to hear and
determine and make such orders as provided by law on
proceedings relating to the election of the President, and the
decision of the Election Judge in any such proceedings shall be
final.
(3) The procedure and practice in proceedings relating to the
election of the President shall be regulated by rules which may
be made by the Rules Committee constituted and appointed
under section 80 of the Supreme Court of Judicature Act.
(1) The Supreme Court shall consist of the Court of Appeal and
the High Court with such jurisdiction and powers as are
conferred on those Courts by this Constitution or any written
law.
(2) The office of a Judge of the Supreme Court shall not be
abolished during his continuance in office.
(3) A person qualified for appointment as a Judge of the
Supreme Court or a person who has ceased to hold the office of
a Judge of the Supreme Court may be appointed as the Chief
Justice in accordance with Article 95, or may sit as a Judge
of the High Court or as a Judge of Appeal, if designated for the
purpose (as occasion requires) in accordance with Article
95, and such person shall hold office for such period or
periods as the President, if the President, acting in his
discretion, concurs with the advice of the Prime Minister, shall
direct.
(4) In order to facilitate the disposal of business in the Supreme
Court, the President, if he, acting in his discretion, concurs
with the advice of the Prime Minister, may appoint a person
qualified for appointment as a Judge of the Supreme Court to be
a Judicial Commissioner of the Supreme Court in accordance
with Article 95 for such period or periods as the President
thinks fit; and a Judicial Commissioner so appointed may, in
respect of such class or classes of cases as the Chief Justice
may specify, exercise the powers and perform the functions of a
Judge of the High Court. Anything done by a Judicial
Commissioner when acting in accordance with the terms of his
appointment shall have the same validity and effect as if done
by a Judge of that Court and, in respect thereof, he shall have
the same powers and enjoy the same immunities as if he had
been a Judge of that Court.
(5) For the purposes of Clause (4), the President may appoint a
person qualified for appointment as a Judge of the Supreme
Court to be a Judicial Commissioner to hear and determine a
specified case only.
(1) The Chief Justice, the Judges of Appeal, and the Judges of
the High Court shall be appointed by the President if he, acting
in his discretion, concurs with the advice of the Prime Minister.
(2) Before tendering his advice as to the appointment under
clause (1) of a Judge, other than the Chief Justice, the Prime
Minister shall consult the Chief Justice.
(3) This article shall apply to the designation of a person to sit
as a Judge of the High Court or as a Judge of Appeal under
Article 94 (3) and to the appointment of a Judicial
Commissioner of the Supreme Court under Article 94 (4)
as it applies to the appointment of a Judge of the High Court
other than the Chief Justice.
A person is qualified for appointment as a Judge of the
Supreme Court if he has for an aggregate period of not less
than 10 years been a qualified person within the meaning of
section 2 of the Legal Profession Act or a member of the
Singapore Legal Service, or both.
The Chief Justice and every person appointed or designated to
sit as a Judge of the High Court or a Judge of Appeal or
appointed as a Judicial Commissioner of the Supreme Court
shall, before he enters on the execution of his office, take, in
the presence of the President, the Oath of Office in the form set
out in the First Schedule.
(1) Subject to this article, a Judge of the Supreme Court shall
hold office until he attains the age of 65 years or such later time
not being later than 6 months after he attains that age, as the
President may approve.
(2) A Judge of the Supreme Court may at any time resign his
office by writing under his hand addressed to the President, but
shall not be removed from office except in accordance with
clauses (3), (4) and (5).
(3) If the Prime Minister, or the Chief Justice after consulting
the Prime Minister, represents to the President that a Judge of
the Supreme Court ought to be removed on the ground of
misbehavior or of inability, from infirmity of body or mind or
any other cause, to properly discharge the functions of his
office, the President shall appoint a tribunal in accordance with
clause (4) and shall refer that representation to it; and may on
the recommendation of the tribunal remove the Judge from
office.
(4) The tribunal shall consist of not less than 5 persons who
hold or have held office as a Judge of the Supreme Court, or, if
it appears to the President expedient to make such an
appointment, persons who hold or have held equivalent office in
any part of the Commonwealth, and the tribunal shall be
presided over by the member first in the following order,
namely, the Chief Justice according to their precedence among
themselves and other members according to the order of their
appointment to an office qualifying them for membership (the
older coming before the younger of two members with
appointments of the same date).
(5) Pending any reference and report under clause (3), the
President may, if he, acting in his discretion, concurs with the
recommendation of the Prime Minister and, in the case of any
other Judge, after consulting the Chief Justice, suspend a Judge
of the Supreme Court from the exercise of his functions.
(6) Parliament shall by law provide for the remuneration of the
Judges of the Supreme Court and the remuneration so provided
shall be charged on the Consolidated Fund.
(7) Subject to this article, Parliament may by law provide for
the terms of office of the Judges of the Supreme Court, other
than their remuneration.
(8) The remuneration and other terms of office (including
pension rights) of a Judge of the Supreme Court shall not be
altered to his disadvantage after his appointment.
(9) Notwithstanding clause (1), the validity of anything done by
a Judge of the Supreme Court shall not be questioned on the
ground that he had attained the age on which he was required to
retire.
(10) The President may in his discretion grant leave of absence
from his duties to the Chief Justice and, acting on the advice of
the Chief Justice, to any other Judge of the Supreme Court.
The conduct of a Judge of the Supreme Court or a person
designated to sit as such Judge or a Judicial Commissioner shall
not be discussed in Parliament except on a substantive motion
of which notice has been given by not less than one-quarter of
the total number of the Members of Parliament.
(1) The President may refer to a tribunal consisting of not less
than 3 Judges of the Supreme Court for its opinion any question
as to the effect of any provision of this Constitution which has
arisen or appears to him likely to arise.
(2) Where a reference is made to a tribunal under Clause (1), it
shall be the duty of the tribunal to consider and answer the
question so referred as soon as may be and in any case not
more than 60 days after the date of such reference, and the
tribunal shall certify to the President, for his information, its
opinion on the question referred to it under Clause (1) with
reasons for its answer, and any Judge in the tribunal who
differs from the opinion of the majority shall in like manner
certify his opinion and his reasons.
(3) The opinion of the majority of the Judges in the tribunal
shall, for the purposes of this article, be the opinion of the
tribunal, and every such opinion of the tribunal shall be
pronounced in open court.
(4) No court shall have jurisdiction to question the opinion of
any tribunal or the validity of any law, or any provision
therein, the Bill for which has been the subject of a reference to
a tribunal by the President under this article.
In this part, "office", in relation to a Judge of the Supreme
Court, means the office as Chief Justice, Judge of Appeal, or
Judge of the High Court, as the case may be.
Part IX The Public Service
(1) For the purposes of this Constitution and except as
hereinafter in this Part provided, the public services shall be
(a) the Singapore Armed Forces
(b) the Singapore Civil Service;
(c) the Singapore Legal Service; and
(d) the Singapore Police Force.
(2) Except as otherwise expressly provided by this Constitution,
the qualifications for appointments and conditions of service of
persons in the public services may be regulated by law and,
subject to the provisions of any such law, by the President.
Except for the purposes of Articles 112, 114 and
115, and except where the context otherwise requires, in
the interpretation of this Part
(a) "public service" does not include service otherwise than in a
civil capacity;
(b) "public office" does not include the following offices:
(i) the office of the Chief Justice;
(ii) the office of the Attorney-General;
(iii) the office of Judge of the Supreme Court;
(iv) the office of member of the Public Service Commission,
the Legal Service Commission, the Education Service Commis-
sion or the Police and Civil Defence Services Commission;
(v) the office of any police
Schedules
"I, ..., having been elected President of the Republic of
Singapore, do solemnly swear (or affirm) that I will faithfully
discharge my duties as such to the best of my ability without
fear or favor, affection or ill-will, and without regard to any
previous affiliation with any political party, and that I will bear
true faith and allegiance to the Republic, and that I will
preserve, protect, and defend its Constitution."
"I, ..., Chairman of the Council of Presidential Advisers /
Speaker of Parliament, being required by / having been
appointed under the Constitution of the Republic of Singapore
to exercise the functions of the office of President, do solemny
swear (or affirm) that I will faithfully discharge my duties as
such to the best of my ability without fear or favor, affection or
ill-will, and that I will bear true faith and allegiance to the
Republic, and that I will preserve, protect, and defend its
Constitution."
"I, ..., having been appointed to the office of ..., do solemnly
swear (or affirm) that I will bear true faith and allegiance to the
Republic of Singapore and that l will preserve, protect and
defend the Constitution of the Republic of Singapore."
"I, ..., having been elected as a Member of the Parliament of
Singapore, do solemnly swear (or affirm) that I will faithfully
discharge my duties as such to the best of my ability, that I will
bear true faith and allegiance to the Republic of Singapore, and
that I will preserve, protect and defend the Constitution of the
Republic of Singapore."
"I, ..., being chosen and appointed as Prime Minister of
Singapore, do solemnly swear (or affirm) that --
(a) I will, to the best of my judgment at all times when so
required, freely give my counsel and advice to the President (or
any person lawfully exercising the functions of that office) for
the good management of the public affairs of Singapore;
(b) I will not on any account disclose the counsel, advice,
opinion, or vote of any other Minister or Parliamentary
Secretary;
(c) I will not, except with the authority of the Cabinet and to
such extent as may be required for the good management of the
affairs of Singapore, directly or indirectly reveal the business or
proceedings of the Cabinet or the nature or contents of any
document communicated to me or any matter coming to my
knowledge as Prime Minister,
and that in all things I will be a true and faithful Prime
Minister."
"I, ..., being chosen and appointed Minister / Parliamentary
Secretary of Singapore, do solemnly swear (or affirm) that --
(a) I will, to the best of my judgment at all times when so
required, freely give my counsel and advice to the President (or
any person lawfully exercising the functions of that office) for
the good management of the public affairs of Singapore;
(b) I will not on any account disclose the counsel, advice,
opinion, or vote of the Prime Minister or of any other Minister
or Parliamentary Secretary;
(c) I will not, except with the authority of the Cabinet and to
such extent as may be required for the good management of the
affairs of Singapore, directly or indirectly reveal the business or
proceedings of the Cabinet or the nature or contents of any
document communicated to me or any matter coming to my
knowledge in my capacity as a Minister / Parliamentary
Secretary,
and that in all things I will be a true and faithful Minister /
Parliamentary Secretary."
"I, ..., having been appointed to be Chairman/a Member of the
Public Service Commission do solemnly swear (or affirm) that I
will freely and without fear or favor, affection or ill-will, give
my counsel and advice in connection with all matters that may
be referred to the Public Service Commission and that I will not
directly or indirectly reveal any such matters to any
unauthorized person or otherwise than in the course of duty."
"I, ..., having been appointed to the office of ..., do solemnly
swear (or affirm) that I will faithfully discharge my judicial
duties, and I will do right to all manner of people after the laws
and usages of the Republic of Singapore without fear or favor,
affection or ill-will to the best of my ability, and will preserve,
protect and defend its Constitution."
"I, ..., having been appointed to be Chairman/a Member of the
Presidential Council for Minority Rights, do solemnly swear (or
affirm) that I will not directly or indirectly reveal any matter
considered in the Presidential Council for Minority Rights to
any unauthorized person or otherwise than in the course of
duty."
"I, ..., having been appointed to be Chairman/a Member of the
Council of Presidential Advisers do solemnly swear (or affirm)
that I will not directly or indirectly reveal any matter considered
in the Council to any unauthorized person or otherwise than in
the course of duty."
Schedules - [Schedule II] Second Schedule: Oath of Renunciation, Allegiance, and Loyalty
Schedules - [Schedule III] Third Schedule: Citizenship
The functions of the Government under Part X shall be
exercised by such Minister as the President may, from time to
time, direct and references in this Schedule to the Minister shall
be construed accordingly.
A decision of the Government under Part X shall not be
subject to appeal or review in any court.
The Minister may delegate to any public officer of the
Government any of his functions under Part X or under
this Schedule relating to citizenship by registration and
enrolment and the keeping of registers and, in relation to orders
under clauses (1), (2), (3) (b), (6) and (7) of Article 129
or 132, any of his functions under Article 133
prior to determining whether to make such an order; but any
person aggrieved by the decision of a public officer to whom
the functions of the Minister are so delegated may appeal to the
Minister.
The Minister may make rules and prescribe forms for the
purpose of the exercise of his functions under Part X and
of this Schedule and, in particular, may provide for the
circumstances (including cases of persons ordinarily resident
outside Singapore) under which a committee of inquiry under
Article 133 is to proceed by way of written
representations.
The power of the Government under Articles 122 and
141 to allow a longer period for the registration of a
birth may be exercised either before or after the registration has
been effected.
Any notice to be given by the Minister to any person under
Article 133 (1) may be sent to that person at his last
known address or, in the case of a person under the age of 18
years (not being a married woman) to his parent or guardian at
the last known address of the parent or guardian; and if an
address at which the notice may be sent to any person under
this paragraph is not known and cannot after reasonable inquiry
be ascertained, the notice may be given by publication in the
Gazette.
It shall be the duty of the Minister to compile and maintain
(a) a register of citizens of Singapore by registration;
(b) a register of citizens of Singapore by naturalization;
(c) a register of persons to whom certificates of citizenship of
Singapore have been issued under Article 138;
(d) a register of persons who have been deprived or deemed to
have been deprived of citizenship under any provision of Part
X;
(e) a register of citizens of Singapore who have renounced
citizenship;
(f) a register of persons enrolled as citizens before 9 Aug 1965
under Article 56 of the Constitution of the State of
Singapore;
(g) a register of persons whose enrolment has been cancelled
under the provisions of this Constitution;
(h) an alphabetical index of all persons referred to in
Paragraphs (a) to (g); and
(i) a register of persons who have been conferred citizenship
under Article 121 (3).
If the Minister has reason to believe that an error appears in
any register compiled under section 7, he shall, after giving
notice to the persons concerned and after considering such
representations from him as he may choose to make, make such
alteration to the register as appears to the Minister to be
necessary to correct the error.
Subject to section 8, the said register shall be conclusive
evidence of the matters therein contained.
(1) It shall be an offence punishable with imprisonment for 2
years or a fine of $1,000 or both for any person
(a) knowingly to make any false statement with a view to
inducing the Minister to grant or refuse any application under
Part X;
(b) to forge or without lawful authority, alter any certificate or
without any lawful authority use or have in his possession any
certificate which has been so forged or altered;
(c) to fail to comply with any requirement imposed upon him
by any rules made under section 4 with respect to the delivering
up of certificates; or
(d) to personate or falsely represent himself to be or not to be a
person to whom a certificate has been duly granted.
(2) In this section, "certificate" means
(a) any certificate of enrolment or registration as a citizen
granted under Article 56 of the Constitution of the State
of Singapore or under Article 123 or 124;
(b) any certificate of registration of birth granted under Article
122 or 140;
(c) any certificate of registration or naturalization granted under
the Singapore Citizenship Ordinance 1957;
(d) any certificate of citizenship granted under the Singapore
Citizenship Ordinance 1957 or Article 138.
For the purposes of Part X, a person born on board a
registered ship or aircraft, or on board an unregistered ship or
aircraft of the government of any country, shall be deemed to
have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
Any reference in Part X to the status or description of
the father of a person at the time of that person's birth shall, in
relation to a person born after the death of his father, be
construed as a reference to the status or description of the father
at the time of the death of the father; and where that death
occurred before and the birth occurs on or after the
commencement of this Constitution, the status or description
which would have been applicable to the father had he died
after such commencement shall be deemed to be the status or
description applicable to him at the time of his death.
Any new born child found exposed in Singapore of unknown
and unascertainable parentage shall, until the contrary is
proved, be deemed to be a citizen of Singapore by birth; and
the date of finding shall be taken to be the date of birth of such
child.
For the purposes of Part X, a person is to be treated as
having at birth any citizenship which he acquires within one
year afterwards by virtue of any provision corresponding to the
proviso to Article 122 (1) or otherwise.
(1) For the purposes of Part X, references to a person's
father or to his parent or to one of his parents shall, in relation
to a person who is illegitimate, be construed as references to his
mother and accordingly section 12 shall not apply to such a
person.
(2) In relation to an adopted child who has been adopted by an
order of a court in accordance with the provisions of any law in
force in Singapore, references to a person's father or to his
parent or to one of his parents shall be construed as references
to the adopter.
In calculating for the purposes of Part X a period of
residence in Singapore
(a) a period of absence from Singapore of less than 6 months in
the aggregate; and
(b) a period of absence from Singapore exceeding 6 months in
the aggregate for any cause generally or specially approved by
the Government, may be treated as residence in Singapore and
a person shall be deemed to be resident in Singapore on a
particular day if he had been resident in Singapore before that
day and that day is included in any such period of absence as
aforesaid.
In calculating for the purposes of Part X any period of
residence in Singapore, no account shall be taken
(a) of any period of residence in Singapore whilst a person was
or was the member of the family of
(i) a person recruited outside Singapore serving on full pay in
any naval, military or air force other than the naval, military or
air force of Singapore; or
(ii) a person recruited outside Singapore serving in a civil
capacity in any department of any government operating in
Singapore other than a department of the Government;
(b) of any period during which a person was not lawfully
resident in Singapore;
(c) of any period spent as an inmate of any prison or as a
person detained in lawful custody in any place other than a
mental hospital or an approved institution for the purpose of the
treatment and rehabilitation of drug addicts under the provisions
of any written law; or
(d) except with the consent of the Minister, of any period
during which a person is allowed to remain temporarily in
Singapore under the authority of any Pass issued under the
provisions of any written law relating to immigration.
(1) The Minister shall not be required to assign any reason for
the grant or refusal of any application under Part X the
decision on which is at his discretion and the decision of the
Minister on any such application shall be final.
(2) Before refusing such an application, the Minister shall refer
the case to an advisory committee consisting of 3 persons
appointed for the purpose, either generally or specially, by the
President; and in making his decision, the Minister shall have
regard to any report made to him by the advisory committee.
Schedules - [Schedule IV] Fourth Schedule: Appointment of Nominated Members of Parliament
(1) If within 6 months after Parliament first meets after any
general election, it has resolved that there shall be nominated
Members during the term of that Parliament, the provisions of
this Schedule shall have effect in relation to that Parliament.
(2) Subject to the provisions of this Constitution, the President
shall, within 6 months after Parliament has so resolved under
subsection (1), appoint as nominated Members of Parliament the
persons nominated by a Special Select Committee of
Parliament.
(3) The Special Select Committee of Parliament shall consist of
the Speaker as Chairman and 7 Members of Parliament to be
nominated by the Committee of Selection of Parliament.
(4) Subject to Article 46, every person appointed as a
nominated Member of Parliament shall serve for a term of two
years commencing on the date of his appointment.
(1) In preparing the list of persons to be appointed as nominated
Members of Parliament by the President, the Special Select
Committee shall invite the general public to submit names of
persons who may be considered for nomination by the
Committee.
(2) Every name submitted under subsection (1) shall be made in
such form as the Special Select Committee may determine, and
shall be signed by two persons as proposer and seconder
respectively and by not less than 4 other persons, all of whose
names shall appear in any current register of electors.
(3) Before making any nomination for the appointment of
nominated Members of Parliament, the Special Select
Committee shall, wherever possible consult other Members of
Parliament in such manner a it think fit.
(1) The Special Select Committee shall, from the names of
persons submitted to the Committee under section 2, nominate
not more than 6 persons for appointment by the President as
nominated Members of Parliament.
(2) The persons to be nominated shall be persons who have
rendered distinguished public service, or who have brought
honor to the Republic, or who have distinguished themselves in
the field of arts and letters, culture, the sciences business,
industry, the professions, social or community service or the
labor movement; and in making any nomination, the Special
Select Committee shall have regard to the need for nominated
Members to reflect as wide a range of independent and
non-partisan views as possible.
(1) Whenever the seat of a nominated Member has become
vacant by reason of the expiry of his term of service, the
vacancy shall, as soon as practicable, be filled by the President
by making an appointment on the nomination of the Special
Select Committee referred to in section 1.
(2) Whenever the seat of a nominated Member has become
vacant for a reason other than a dissolution of Parliament or the
expiry of his term of service the Special Select Committee may,
if it thinks fit, nominate a person for the President to appoint as
a nominated Member to fill the vacancy.
As soon as practicable after 10 Sep 1990, the President shall on
the nomination of the Special Select Committee appoint not
more than 6 persons; nominated Members of Parliament.
Where under section 3 or 5 the Special Select Committee has
nominate less than 6 persons for appointment by the President
as nominated Members, the Committee may, if it thinks fit,
from time to time nominate one or more persons f( the
President to appoint as nominated Members but the number of
persons c nominated together with the number of persons
already nominated under section or 5 shall not exceed 6.
Sections 2 and 3 (2) shall apply to any nomination made by the
Special Select Committee under section 4, 5 or 6; and for the
purpose of section 4 (1) the Committee may invite the general
public to submit names of persons who may l considered for
nomination by the Committee before the seat of the nominated
Member has become vacant.
Schedules - [Schedule V] Fifth Schedule: Key Statutory Boards and Government Companies
2. Central Provident Fund Board.
3. Housing and Development Board.
4. Jurong Town Corporation.
5. Monetary Authority of Singapore.
6. Post Office Savings Bank of Singapore.
2. MND Holdings Pte. Ltd.
3. {Deleted by Amendment No. 2 Act 1994 of 23 Sep 1994.}
4. Temasek Holdings Pte. Ltd.