Adopted on: ۱۶ Sep ۱۹۶۳
Part I Preliminary
Article ۱ Citation
This Constitution may be cited as the Constitution of the Republic of
Singapore.
Article ۲ Interpretation
(۱) 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 ۲۲j 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 havinggg 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
havinggg 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 (۵)٫ 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 ۱۸;
– “Prime Minister” means the Prime Minister of Singapore appointed under this
Constitution;
– “public office” means٫ subject to clause (۵)٫ 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 havinggg
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 ۲۷ 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 ۲۷;
– “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.
(۲) Except where this Constitution otherwise provides or where the context
otherwise requires -–-
(a) the person or authority havinggg 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.
(۳) 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.
(۴) 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.
(۵) 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.
(۶)(a) Without prejudice to clause (۲) when the holder of any public office is
on leave of absence pending relinquishment of that office٫ the person or
authority havinggg 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.
(۷) 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.
(۸) 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.
(۹) 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.
(۱۰) 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.
Part II The Republic and the Constitution
Article ۳ Republic of Singapore
Singapore shall be a sovereign republic to be known as the Republic of
Singapore.
Article ۴ 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 ۵ Amendment of the Constitution
(۱) Subject to this article and Article ۸٫ the provisions of this Constitution
may be amended by a law enacted by the Legislature.
(۲) 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 ۳۹ (۱)(a).
(۲a) Unless the President٫ acting in his discretion٫ otherwise directs the
Speaker in writing٫ a Bill seeking to amend this clause٫ Articles ۱۷ to ۲۲٫ ۲۲a
to ۲۲o٫ ۳۵٫ ۶۵٫ ۶۶٫ ۶۹٫ ۷۰٫ ۹۳a٫ ۹۴٫ ۹۵٫ ۱۰۵٫ ۱۰۷٫ ۱۱۰a٫ ۱۱۰b٫ ۱۵۱ 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.
(۳) In this article٫ “amendment” includes addition and repeal.
Part III Protection of the Sovereignty
Article ۶ No Surrender of Sovereignty
(۱) 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.
(۲) 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 createeed 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 ۷ Participation in Co-operative International Schemes
Without in any way derogating from the force and effect of Article ۶٫ 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 objecttt or purpose whatsoever which is٫ or
appears to be٫ beneficial or advantageous to Singapore in any way.
Article ۸ Amendments by Two-thirds Majority
(۱) 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.
(۲) In this article٫ “amendment” includes addition and repeal.
Part IV Fundamental Liberties
Article ۹ Liberty of the Person
(۱) No person shall be deprived of his life or personal liberty save in
accordance with law.
(۲) 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.
(۳) 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.
(۴) Where a person is arrested and not released٫ he shall٫ without unreasonable
delay٫ and in any case within ۴۸ 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.
(۵) Clauses (۳) and (۴) 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.
(۶) Nothing in this article shall invalidate any law
(a) in force before ۱۶ Sep ۱۹۶۳ 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 (۳) and
(۴)٫ and٫ in particular٫ nothing in this article shall affect the validity or
operation of any such law before ۱۰ March ۱۹۷۸.
Article ۱۰ Slavery and Forced Labor Prohibited
(۱) No person shall be held in slavery.
(۲) All forms of forced labor are prohibited٫ but Parliament may by law provide
for compulsory service for national purposes.
(۳) 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 ۱۱ Protection Against Retrospective Criminal Laws and Repeated Trials
(۱) 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.
(۲) 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 ۱۲ Equality
(۱) All persons are equal before the law and entitled to the equal protection
of the law.
(۲) 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.
(۳) 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 ۱۳ Prohibition of Banishment and Freedom of Movement
(۱) No citizen of Singapore shall be banished or excluded from Singapore.
(۲) 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 ۱۴ Freedom of Speech٫ Assembly٫ and Association
(۱) Subject to clauses (۲) and (۳)
(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.
(۲) Parliament may by law impose
(a) on the rights conferred by clause (۱)(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 (۱)(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 (۱)(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.
(۳) Restrictions on the right to form associations conferred by clause (۱)(c)
may also be imposed by any law relating to labor or education.
Article ۱۵ Freedom of Religion
(۱) Every person has the right to profess and practice his religion and to
propagate it.
(۲) 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.
(۳) Every religious group has the right
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charrritable
purposes; and
(c) to acquire and own property and hold and administer it in accordance with
law.
(۴) This article does not authorize any act contrary to any general law
relating to public order٫ public health or morality.
Article ۱۶ Rights in Respect of Education
(۱) Without prejudice to the generality of Article ۱۲٫ 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).
(۲) 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.
(۳) 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.
(۴) For the purposes of clause (۳)٫ the religion of a person under the age of
۱۸ years shall be decided by his parent or guardian.
Part V The Government
Chapter ۱ The President
Article ۱۷ The President
(۱) There shall be a President of Singapore who shall be the Head of State and
shall exercise and perform such powers and functions as are conferred on the
President by this Constitution and any other written law.
(۲) The President shall be elected by the citizens of Singapore in accordance
with any law made by the Legislature.
(۳) 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 ۶ months after the date the office of
President becomes vacant; or
(b) in any case -–- not more than ۳ months before the date of expiration of
the term of office of the incumbent.
Article ۱۸ Presidential Elections Committee
(۱) 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 ۱۹
(۲)٫ as the case may be.
(۲) 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.
(۳) 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 discharrrge his functions٫ he shall nominate a Deputy
Chairman of the Public Service Commission to act on his behalf.
(۴) The office of the member of the Presidential Elections Committee nominated
under clause (۲) (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.
(۵) If the member of the Presidential Elections Committee referred to in clause
(۲) (b) or (c) is absent from Singapore or
is for any other reason unable to discharrrge 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.
(۶) The Presidential Elections Committee may regulate its own procedure and fix
the quorum for its meetings.
(۷) The Presidential Elections Committee may act not-
withstanding any vacancy in its membership.
(۸) Parliament may by law provide for the remuneration of members of the
Presidential Elections Committee and the remuneration so provided shall be
charrrged on the Consolidated Fund.
(۹) 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 ۱۹ (۲)(e) or (g)(iv) shall be final and shall not be subject to
appeal or review in any court.
Article ۱۹ Qualifications and Disabilities of President
(۱) No person shall be elected as President unless he is qualified for election
in accordance with the provisions of this Constitution.
(۲) A person shall be qualified to be elected as President if he
(a) is a citizen of Singapore;
(b) is not less than ۴۵ years of age;
(c) possesses the qualifications specified in Article ۴۴ (۲)(c) and (d);
(d) is not subject to any of the disqualifications specified in Article ۴۵;
(e) satisfies the Presidential Elections Committee that he is a person of
integrity٫ good charrracter 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 ۳ 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 execccutive officer of a statutory board to which
Article ۲۲a applies;
(iii) as chairman of the board of directors or chief execccutive officer of a
company incorporated or registered under the Companies Act with a paid-up
capital of at least $۱۰۰ 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.
(۳) The President shall
(a) not hold any other office createeed 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.
(۴) Nothing in clause (۳) shall be construed as requiring any person exercising
the functions of the office of President pursuant to Article ۲۲n or ۲۲o 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 createeed or recognized
by this Constitution.
Article ۲۰ Term of Office
(۱) The President shall hold office for a term of ۶ years from the date on
which he assumes office.
(۲) 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.
(۳) 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 ۲۱ Discharrrge and Performance of Functions of President
(۱) 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.
(۲) 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 ۲۵;
(b) the withholding of consent to a request for a dissolution of Parliament;
(c) the withholding of assent to any Bill under Article ۲۲e٫ ۲۲h٫ ۱۴۴ (۲) or
۱۴۸a;
(d) the withholding of concurrence under Article ۱۴۴ 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 ۲۲a and ۲۲c٫
respectively٫ apply;
(f) the disapproval of transactions referred to in Article ۲۲b (۷)٫ ۲۲d (۶)٫ or
۱۴۸g;
(g) the withholding of concurrence under Article ۱۵۱ (۴) 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 ۱۲ 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.
(۳) The President shall consult the Council of Presidential Advisers before
performing any of his functions under Articles ۲۲٫ ۲۲a (۱)٫ ۲۲b (۲) and (۷)٫
۲۲c (۱)٫ ۲۲d (۲) and (۶)٫ ۱۴۴٫ ۱۴۸a٫ ۱۴۸b and ۱۴۸g.
(۴) Except as otherwise provided in clause (۳)٫ the President may٫ in his
discretion٫ consult the Council of Presidential Advisers before performing any
of his functions referred to in clause (۲) (c) to (i).
(۵) 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 ۲۲ 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 ۱۵۱;
(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
۱۱۰A (۱)(c) and ۱۱۰B (۱)(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 ۲۲a Appointment of Members of Statutory Boards
(۱) Notwithstanding any other provision of this Constitution
(a) where the President is authorized by any written law to appoint the
chairman٫ member or chief execccutive 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 execccutive 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.
(۲)(a) The chairman or member of a statutory board to which this article
applies shall be appointed for a term not exceeding ۳ years and shall be
eligible for reappointment.
(b) Any appointment to the office of chairman٫ member or chief execccutive
officer of a statutory board under clause (۱) ( ) or any revocation thereof
shall be void if made without the concurrence of the President.
(۳) This article shall apply to the statutory boards specified in Part I of the
Fifth Schedule.
(۴) Subject to clause (۵)٫ 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.
(۵) No statutory board shall by order under clause (۴) 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 $۱۰۰ million.
Article ۲۲b Budgets of Statutory Boards
(۱) Every statutory board to which Article ۲۲a 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 a declaration by
the chairman and the chief execccutive officer of the statutory board whether
the budget when implemented is likely to draw on the reserves which were not
accumulated by the statutory board 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 ۶ 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 execccutive 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.
(۲) 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.
(۳) 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 ۳ 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 (۱); 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.
(۴) Any amount expended during a financial year under clause (۳) (b) shall be
included in any revised budget subsequently presented to the President under
that clause for that financial year.
(۵) 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.
(۶) It shall be the duty of every statutory board and its chief execccutive
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.
(۷) Where pursuant to clause (۶) 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.
(۸) Where after ۳۰ Nov ۱۹۹۱ a statutory board is specified in Part I of the
Fifth Schedule pursuant to an order made under Article ۲۲a (۴)٫ 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.
(۹) 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 ۲۲c Appointment of Directors of Government Companies
(۱) 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 execccutive 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.
(۲)(a) A director of a Government company to which this article applies shall
be appointed for a term not exceeding ۳ years and shall be eligible for
reappointment.
(b) Any appointment or removal of any director or chief execccutive officer of
a Government company to which this article applies without the concurrence of
the President shall be void and of no effect.
(۳) This article shall apply to the Government companies specified in Part II
of the Fifth Schedule.
(۴) Subject to clause (۵)٫ 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.
(۵) No Government company shall by order under clause (۴) 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 $۱۰۰ 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 ۲۲d Budgets of Government Companies
(۱) The board of directors of every Government company to which Article ۲۲c
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 execccutive 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 ۶ 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
execccutive 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.
(۲) 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.
(۳) 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 ۳ 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 (۱); 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.
(۴) Any amount expended during a financial year under clause ۳) (b) shall be
included in any revised budget subsequently presented to the President under
that clause for that financial year.
(۵) It shall be the duty of the board of directors and the chief execccutive
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.
(۶) Where pursuant to clause (۵) 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.
(۷) Where after ۳۰ Nov ۱۹۹۱ a Government company is specified in Part II of the
Fifth Schedule pursuant to an order made under Article ۲۲c (۴)٫ 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.
(۸) 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 ۲۲e 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 ۲۲f President”s Access to Information
(۱) 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 ۲۲a or ۲۲c٫ as
the case may be٫ applies which is available to the members of the statutory
board or the directors of the Government company.
(۲) 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 execccutive officer and any member of the governing board of any
statutory board or the directors of any Government company to which Article ۲۲a
or ۲۲c٫ as the case may be٫ applies٫ to furnish any information referred to in
clause (۱) 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 ۲۲g 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 ۲۲h President May Withhold Assent to Bill Circumventing or Curtailing
His Power
(۱) 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 ۵ (۲a)
applies) if the Bill provides٫ directly or indirectly٫ for the circumvention or
curtailment of the discretionary powers conferred upon him by this
Constitution.
(۲) If the President withholds his assent to any Bill pursuant to clause (۱)٫
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.
(۳) 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 ۲۲i 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 ۲۲j Civil List and Personal Staff of President
(۱) The Legislature shall by law provide a Civil List for the maintenance of
the President.
(۲) Any person exercising the functions of the office of President pursuant to
Article ۲۲n or ۲۲o shall٫ during any period in which he exercises those
functions٫ be entitled to such remuneration as the Legislature may by law
provide.
(۳) The Civil List for the maintenance of the President or any person
exercising the functions of the office of President shall be charrrged on and
paid out of the Consolidated Fund and shall not be diminished during the
continuance in office of the President or that person.
(۴) SubJect to clause (۵)٫ 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.
(۵) The President may٫ if he so desires٫ appoint to his personal staff such
public officers as he may selecttt٫ after consultation with the Prime
Minister٫ from a list of names submitted by the Public Service Commission;
and the provisions of clause (۴) (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.
(۶) The remuneration of the personal staff of the President٫
other than a person appointed under clause (۵)٫ shall be payed out of the Civil
List for the maintenance of the President.
Article ۲۲k Immunity of President From Suit
(۱) Except as provided in clause (۴)٫ 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.
(۲) 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.
(۳) Where provision is made by law limiting the time within which proceedings
of any descriptttion 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.
(۴) The immunity conferred by clause (۱) shall not apply to
(a) any proceedings instituted under Article ۲۲h;
(b) any inquiry held by a tribunal pursuant to a resolution passed by
Parliament under Article ۲۲l; or
(c) any proceedings before the Election Judge under Article ۹۳a to determine
the validity of any Presidential election.
Article ۲۲l Vacation of and Removal From Office of President
(۱) 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 (۳) to
(۷);
(d) if the Election Judge in the exercise of his powers under Article ۹۳a
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.
(۲) {deleteeed by Amendment No. ۲ Act ۱۹۹۴ of ۲۳ Sep ۱۹۹۴.}
(۳) The Prime Minister or not less than one-quarter of the total number of the
elected Members of Parliament referred to in Article ۳۹ (۱)(a) may give notice
of a motion alleging that the President is permanently incapable of
discharrrging 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.
(۴) Where the motion referred to in clause (۳) has been adopted by not less
than half of the total number of the elected Members of Parliament referred to
in Article ۳۹ (۱)(a)٫ the Chief Justice shall appoint a tribunal to inquire
into the allegations made against the President.
(۵) A tribunal appointed by the Chief Justice shall consist of not less than ۵
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.
(۶) 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.
(۷) Where the tribunal reports to the Speaker that in its opinion the President
is permanently incapable of discharrrging 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 ۳۹ (۱)(a) remove the
President from office.
Article ۲۲m Determination by Election Judge That President Was Not Duly Elected
(۱) Where the Election Judge in the exercise of his jurisdiction under Article
۹۳a 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 ۶ 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.
(۲) 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.
(۳) The exercise٫ performance and discharrrge 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 ۲۲n Persons to Exercise Functions of President
(۱) 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.
(۲) If neither the Chairman of the Council of Presidential Advisers nor the
Speaker is available٫ Parliament may appoint a person in accordance with clause
(۳) to exercise the functions of the office of President during the period
referred to in Clause (۱).
(۳) Parliament shall not appoint any person to exercise the functions of the
office of President under clause (۲) unless the person is qualified to be
elected as President.
(۴) 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.
(۵) Any person required or appointed to exercise the function of the office of
President pursuant to this article or Article ۲۲o 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 ۲۲o Temporary Disability of President
(۱) Subject to clause (۲)٫ 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 ۲۲n shall exercise the functions of the office of
President during the period of temporary disability٫ and the provisions of
Article ۲۲n shall apply٫ mutatis mutandis٫ to that person.
(۲) 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.
(۳) Clause (۲) 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.
Chapter ۲ The execccutive
Article ۲۳ execccutive Authority of Singapore
(۱) The execccutive authority of Singapore shall be vested in the President
and exercisable subject to the provisions of this Constitution by him or by the
Cabinet or any Minister authorized by the Cabinet.
(۲) The Legislature may by law confer execccutive functions on other persons.
Article ۲۴ Cabinet
(۱) 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 ۲۵.
(۲) 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 ۲۵ Appointment of Prime Minister and Ministers
(۱) 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.
(۲) Appointments under this article shall be made by the President by
instrument under the public seal.
Article ۲۶ Tenure of Office of Prime Minister and Ministers
(۱) 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.
(۲) 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.
(۳) A person who has vacated his office as Minister may٫ if qualified٫ be again
appointed as Minister from time to time.
(۴)(a) Whenever the Prime Minister is ill or absent from Singapore or has been
granted leave of absence from his duties under Article ۳۲٫ 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 ۲۷ 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 execccution of his office in the forms
set out in the First Schedule.
Article ۲۸ Summoning of And Presiding in Cabinet
(۱) The Cabinet shall not be summoned except by the authority of the Prime
Minister.
(۲) 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 ۲۹ 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 ۳۰ Assignment of Responsibility to Ministers
(۱) The Prime Minister may٫ by directions in writing
(a) charrrge any Minister with responsibility for any department or subject;
and
(b) revoke or vary any directions given under this clause.
(۲) The Prime Minister may retain in his charrrge any department or subject.
Article ۳۱ Parliamentary Secretaries
(۱) 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 discharrrge 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.
(۲) Article ۲۶ (۲) and (۳) and Article ۲۷ shall apply to Parliamentary
Secretaries as they apply to Ministers.
Article ۳۲ 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 ۳۳ 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 ۳۴ Permanent Secretaries
(۱) There shall be for each Ministry one or more Permanent Secretaries who
shall be persons who are public officers.
(۲)(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.
(۳) 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 ۳۵ Attorney-General
(۱) 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.
(۲) 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 (۶)٫ the Prime Minister shall٫
before tendering advice to the President under clause (۱)٫ 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.
(۳) The Prime Minister shall not be obliged to consult any person under clause
(۲) 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.
(۴) The Attorney-General may be appointed for a specific period and٫ if he was
so appointed٫ shall٫ subject to clause (۶)٫ 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 ۶۰ 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
۶۰ years to remain in office for such fixed period as may have been agreed
between the Attorney-General and the Government.
(۵) 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.
(۶)(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 discharrrge 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.
(۷) 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 charrracter٫ as
may from time to time be referred or assigned to him by the President or the
Cabinet and to discharrrge the functions conferred on him by or under this
Constitution or any other written law.
(۸) The Attorney-General shall have power٫ exercisable at his
discretion٫ to institute٫ conduct or discontinue any proceedings for any
offence.
(۹) 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.
(۱۰) 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
charrrged on and paid out of the Consolidated Fund.
(۱۱) 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.
(۱۲) The terms of service of the Attorney-General shall not be altered to his
disadvantage during his continuance in office.
(۱۳) For the purposes of clause (۱۲)٫ 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 ۳۶ Secretary of Cabinet
(۱) The President٫ acting in accordance with the advice of the Prime Minister٫
may appoint a public officer to be the Secretary to the Cabinet.
(۲) 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.
Chapter ۳ Capacity as Regards Property٫ Contracts٫ and Suits
Article ۳۷ Capacity of Government as Regards Property٫ Contracts٫ and Suits
(۱) The Government shall have power to acquire٫ hold and dispose of property of
any kind and to make contracts.
(۲) The Government may sue and be sued.
Part Va Council of Presidential Advisers
Article ۳۷a 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 ۳۷b;
– “member” means a member of the Council and includes the Chairman.
Article ۳۷b Council of Presidential Advisers
(۱) 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.
(۲) The President٫ acting in his discretion٫ shall appoint one of the members
of the Council as Chairman.
(۳) A member of the Council shall serve for a term of ۶ 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 (۱)٫ one of the two members referred to in
paragraphs (a) and (b) of that clause shall be appointed for a term of ۳ years
instead of ۶ years.
(۴) During any period when the Chairman exercises the functions of the office
of President under Article ۲۲n or ۲۲o٫ 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 ۳۷c Temporary Appointments During Incapacity of Members
Whenever a member informs the Chairman that he is or will be incapable٫ for a
period of ۳ 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 ۳۷b (۱)(b) or (c)٫ on the advice of the Prime Minister
or the Chairman of the Public Service Commission٫ as the case may be.
Article ۳۷d 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 ۳۵ years of age;
(c) is a resident of Singapore; and
(d) is not liable to any of the disqualifications referred to in Article ۳۷e.
Article ۳۷e 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 undischarrrged 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 $۲٫۰۰۰ 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 ۳۷f Termination of Membership
(۱) 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.
(۲) 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 ۳۷e.
Article ۳۷g Determination of Questions as to Membership
(۱) 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.
(۲) Any tribunal constituted under clause (۱) 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.
(۳) The decision of the tribunal shall be final and shall not be questioned in
any court.
Article ۳۷h 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 ۲ and ۸ in the First Schedule.
Article ۳۷i 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 ۲۱ (۳) or (۴).
Article ۳۷j Proceedings of Council
(۱) 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 ۲۱ (۳) or (۴) 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.
(۲) 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.
(۳) 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 ۳۷k 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 ۳۷l Fees
(۱) There shall be paid to the Chairman and the other members of the Council
such fees as may be determined by the President.
(۲) The fees payable under Clause (۱) shall be charrrged 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 ۳۷m 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.
Part VI The Legislative
Article ۳۸ Legislature of Singapore
The Legislature of Singapore shall consist of the President and Parliament.
Article ۳۹ Parliament
(۱) 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 ۶ 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 ۶ 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.
(۲) 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 ۶۸;
(d) a vote of no confidence in the Government; and
(e) removing the President from office under Article ۲۲l.
(۳) In this article and in Articles ۳۹a and ۴۷٫ a consti- tuency shall be
construed as an electoral division for the purposes of Parliamentary elections.
(۴) 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 ۲ of Part V and of Article ۴۶.
Article ۳۹a Group Representation Constituencies
(۱) 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٫ havinggg 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 ۳ but not more than ۴
candidates; and
(b) the qualifications٫ in addition to those in Article ۴۴٫ of persons who may
be eligible for any election in group representation constituencies٫ including
the requirements referred to in clause (۲).
(۲) Any law made pursuant to clause (۱) 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).
(۳) No provision of any law made pursuant to this article shall be invalid on
the ground of inconsistency with Article ۱۲ or be considered to be a
differentiating measure under Article ۷۸.
(۴) In this article
– “election” means an election for the purpose of electing a Member of
Parliament;
– “group” means a group of not less than ۳ but not more than ۴ 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 ۴۰ Speaker
(۱) 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.
(۲) 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.
(۳) 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 ۶۱)
take and subscribe before Parliament the Oath of Allegiance in the form set out
in the First Schedule.
(۴) 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 ۴۶ (۲)
(a) or (e).
Article ۴۱ Remuneration of Speaker
The Speaker shall be paid such salary as Parliament may from time to time
determine٫ and that salary٫ which is hereby charrrged on the Consolidated
Fund٫ shall not be diminished
during his continuance in office.
Article ۴۲ Deputy Speaker
(۱) 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.
(۲)(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
۶۱) 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 ۴۶ (۲)(a) or (e).
(۳) 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
charrrged on the Consolidated Fund٫ shall not be diminished during his
continuance in office.
Article ۴۳ 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 ۴۴ Qualifications for Membership of Parliament
(۱) 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.
(۲) 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 ۲۱ 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 ۱۰
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 ۴۵.
(۳) Any question whether any person possesses the qualifications mentioned in
clause (۲) (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 ۴۵ Disqualifications for Membership of Parliament
(۱) 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 undischarrrged bankrupt;
(c) holds an office of profit;
(d) havinggg been nominated for election to Parliament or the office of
President or havinggg 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 $۲٫۰۰۰ 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 havinggg been
convicted of such an offence or havinggg in proceedings relating to such an
election been proved guilty of an act constituting such an offence.
(۲) The disqualification of a person under Clause (۱)(d) or (e) may be removed
by the President and shall٫ if not so removed٫ cease at the end of ۵ years
beginning from the date on which the return mentioned in clause (۱) (d) was
required to be lodged or٫ as the case may be٫ the date on which the person
convicted as mentioned in clause (۱) (e) was released from custody or the date
on which the fine mentioned in clause (۱) (e) was imposed on such person;
and a person shall not be disqualified under clause (۱) (f) by reason only of
anything done by him before he became a citizen of Singapore.
(۳) In Clause (۱)(f)٫ “foreign country” does not include any part of the
Commonwealth or the Republic of Ireland.
Article ۴۶ Tenure of Office of Members
(۱) 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.
(۲) 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 havinggg
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
۴۵;
(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.
(۲a) 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.
(۲b) 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.
(۳) 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 ۴۷ Provision Against Double Membership
A person shall not be at the same time a Member of Parliament for more than one
constituency.
Article ۴۸ 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 ۴۶ (۲)(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 ۴۹ Filing of Vacancies
(۱) 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.
(۲) 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 ۴۶;
(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 ۵۰ Penalty for Unqualified Persons Sitting or Voting in Parliament
(۱) Any person who sits or votes in Parliament٫ knowing or havinggg reasonable
ground for knowing that he is not entitled to do so٫ shall be liable to a
penalty not exceeding $۲۰۰ for each day on which he so sits or votes.
(۲) The said penalty shall be recoverable by action in the High Court at the
suit of the Attorney-General.
Article ۵۱ Staff of Parliament
(۱) 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.
(۲) The Clerk of Parliament shall be appointed by the President after
consultation with the Speaker and the Public Service Commission.
(۳) The Clerk of Parliament may at any time resign his office by writing under
his hand addressed to the Speaker and٫ subject to clause (۴)٫ may be removed
from office by the President after consultation with the Speaker.
(۴) The Clerk of Parliament shall not be removed from office under clause (۳)
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 discharrrge the functions of his office
(whether arising from infirmity of body or mind or any other cause) or for
misbehavior.
(۵) 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.
(۶) Subject to Article ۱۵۹٫ 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 ۳ 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 ۵۲ 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 ۵۳ 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 ۵۴ Presiding in Parliament
The Speaker shall preside at each sitting of Parliament.
Article ۵۵ 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 ۵۶ Quorum
If objectttion 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 ۵۷ Voting
(۱) 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.
(۲) 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 ۵۸ Exercise of Legislative Power
(۱) Subject to the provisions of Part VII٫ the power of the Legislature to make
laws shall be exercised by Bills passed by Parliament and assented to by the
President.
(۲) 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 ۵۹ Introduction of Bills
(۱) 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.
(۲) 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 charrrging of any money on the
Consolidated Fund or the abolition or alteration of any such charrrge;
(d) the payment of moneys into the Consolidated Fund or the payment٫ issue or
withdrawal from the Consolidated Fund of any moneys not charrrged 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 charrrged with responsibility
for finance signifies that it goes beyond what is incidental only and not of a
substantial nature havinggg 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.
(۳) 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 charrrge for any service rendered.
Article ۶۰ 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 ۶۱ 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 ۶۲ Address by President
The President may address Parliament and may send messages
thereto.
Article ۶۳ Privileges of Parliament
It shall be lawful for the Legislature by law to determine and regulate the
privileges٫ immunities or powers of Parliament.
Article ۶۴ Sessions of Parliament
(۱) There shall be a session of Parliament once at least in every year and a
period of ۶ months shall not intervene between the last sitting of Parliament
in any one session and the first sitting thereof in the next session.
(۲) 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 ۶۵ Prorogation and Dissolution of Parliament
(۱) The President may٫ at any time٫ by Proclamation in the Gazette٫ prorogue
Parliament.
(۲) 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.
(۳) 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.
(۳a) 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 ۲۲l (۳) unless
(a) a resolution is not passed pursuant to the notice of such motion under
Article ۲۲l (۴);
(b) where a resolution has been passed pursuant to the notice of such motion
under Article ۲۲l (۴)٫ the tribunal appointed under Article ۲۲l (۵) determines
and reports that the President has not become permanently incapable of
discharrrging 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 ۲۲l (۷); or
(d) Parliament by resolution requests the President to dissolve Parliament.
(۴) Parliament٫ unless sooner dissolved٫ shall continue for ۵ years from the
date of its first sitting and shall then stand dissolved.
Article ۶۶ General Elections
There shall be a general election at such time٫ within ۳ months after every
dissolution of Parliament٫ as the President shall٫ by Proclamation in the
Gazette٫ appoint.
Article ۶۷ Remuneration of Members
The Legislature may by law make provision for the remuneration of Members of
Parliament.
Part VII The Presidential Council for Minority Rights
Article ۶۸ 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 ۶۹;
– “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
charrrges on the Consolidated Fund or any other public funds٫ or the variation
or repeal of any such charrrges;
(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 ۶۹ Establishment of Presidential Council for Minority Rights
(۱) There shall be a Presidential Council for Minority Rights which shall
consist of
(a) a Chairman appointed for a period of ۳ years;
(b) not more than ۱۰ permanent members appointed for life; and
(c) not more than ۱۰ other members appointed for a period of ۳ years.
(۲) The Chairman and the members shall be appointed by the-President if he٫
acting in his discretion٫ concurs with the advice of the Cabinet.
(۳) The Chairman and the members appointed under clause (۱) (c) shall be
eligible for reappointment.
Article ۷۰ Temporary Appointment During Incapacity of Member
Whenever a member informs the Chairman that he is or will be incapable٫ for a
period of ۳ 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 ۷۱ 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 ۳۵ years of age;
(c) is resident in Singapore; and
(d) is not liable to any of the disqualifications provided in Article ۷۲.
Article ۷۲ 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 undischarrrged 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 $۲٫۰۰۰ 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 ۷۳ 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
۷۲.
Article ۷۴ Determination of Questions as to Membership
(۱) 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.
(۲) Any tribunal constituted under clause (۱) 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.
(۳) The decision of the tribunal shall be final and shall not be open to
question in any court.
Article ۷۵ 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 ۲ and ۷ in the First Schedule.
Article ۷۶ General Function of Council
(۱) 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.
(۲) 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 ۷۷ 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 ۷۸ Copies of Bills and Amendments Thereto to be Sent to Council
(۱) 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.
(۲) The Council shall consider the Bill and shall٫ within ۳۰ 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.
(۳) 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.
(۴) On the application of the Chairman٫ the Speaker may extend٫ as he thinks
fit٫ the period of ۳۰ days prescribed by clause (۲)٫ 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.
(۵) The Speaker shall cause every report received by him from the Council in
pursuance of clause (۲) to be presented to Parliament without undue delay.
Where the Speaker receives no such report on the Bill within the time provided
in clause (۲)٫ or any extension thereof granted under clause (۴)٫ 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.
(۶) 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 havinggg 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.
(۷) 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.
(۸) 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 ۶۸ 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 ۷۹ Functions of Council in Regard to Bills Enacted on a Certificate of
Urgency
(۱) Where the President assents to a Bill which has been certified as urgent by
the Prime Minister under Article ۷۸ (۷)٫ 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.
(۲) The Council shall thereupon consider the Act and shall٫ within ۳۰ 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.
(۳) The Speaker shall cause any such report to be presented to Parliament as
soon as possible.
Article ۸۰ Functions of Council in Regard to Subsidiary Legislation
(۱) An authenticated copy of every piece of subsidiary
legislation shall be sent to the Council by the appropriate Minister within ۱۴
days of the publication of such subsidiary legislation.
(۲) The Council shall thereupon consider such subsidiary legislation and shall٫
within ۳۰ 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.
(۳) 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.
(۴) Where an adverse report in respect of any provision of any subsidiary
legislation is presented to Parliament in pursuance of clause (۳)٫ then٫ within
۶ 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.
(۵) If no report on any subsidiary legislation is received from the Council
within the time provided in clause (۲)٫ it shall be conclusively presumed that
the Council is of the opinion that no provision in such subsidiary legislation
is a differentiating measure.
Article ۸۱ Functions of Council in Regard to Certain Written Law
(۱) The Council may examine any written law in force on ۹ Jan ۱۹۷۰ 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.
(۲) 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.
(۳) 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 ۸۲ Duties of Chairman
(۱) The Council shall meet on the summons of the Chairman.
(۲) The Chairman٫ if present٫ shall preside at all meetings of the Council.
(۳) 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 ۸۳ Quorum and Voting
(۱) The Council shall not transact any business unless a quorum of ۸ members٫
including the Chairman or member presiding٫ is present.
(۲) Any decision of the Council shall be made by a majority of the votes of the
members present and voting.
(۳) The Chairman or member presiding shall have an original vote but not a
casting vote.
(۴) If upon any question before the Council the votes of the members are
equally divided٫ the motion shall be deemed to be lost.
Article ۸۴ 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 objectttors 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 ۸۵ 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 ۸۶ Validity of Proceedings Notwithstanding Vacancy in Membership
Subject to Article ۸۳ (۱)٫ 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 ۸۷ 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 ۸۸ 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 ۸۹ Annual Report
(۱) 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 ۱۲ months.
(۲) The President shall cause such report to be presented to Parliament as soon
as possible.
Article ۹۰ Salaries and Fees
(۱) There shall be paid to the Chairman and the other members such salaries and
fees as may be determined by the President.
(۲) The salaries and fees payable under clause (۱) shall be defrayed out of
moneys provided by Parliament.
Article ۹۱ 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 ۹۲ 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.
Part VIII The Judiciary
Article ۹۳ Judicial Power of Singapore
The judicial power of Singapore shall be vested in a Supreme Court and in such
subordinate courts as may be provided by any written law for the time being in
force.
Article ۹۳a Jurisdiction to Determine Questions as to Validity of Presidential
Election
(۱) 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).
(۲) 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.
(۳) 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 ۸۰ of the Supreme Court of Judicature
Act.
Article ۹۴ Constitution of Supreme Court
(۱) 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.
(۲) The office of a Judge of the Supreme Court shall not be abolished during
his continuance in office.
(۳) 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 ۹۵٫ 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 ۹۵٫ 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.
(۴) 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 ۹۵ 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.
(۵) For the purposes of Clause (۴)٫ 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.
Article ۹۵ Appointment of Judges of Supreme Court
(۱) 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.
(۲) Before tendering his advice as to the appointment under clause (۱) of a
Judge٫ other than the Chief Justice٫ the Prime Minister shall consult the Chief
Justice.
(۳) 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 ۹۴ (۳) and to the
appointment of a Judicial Commissioner of the Supreme Court under Article ۹۴
(۴) as it applies to the appointment of a Judge of the High Court other than
the Chief Justice.
Article ۹۶ Qualifications of Judges of Supreme Court
A person is qualified for appointment as a Judge of the Supreme Court if he has
for an aggregate period of not less than ۱۰ years been a qualified person
within the meaning of
section ۲ of the Legal Profession Act or a member of the Singapore Legal
Service٫ or both.
Article ۹۷ Oath of Office of Judges and Judicial Commissioners of Supreme Court
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 execccution of his office٫
take٫ in the presence of the President٫ the Oath of Office in the form set out
in the First Schedule.
Article ۹۸ Tenure of Office and Remuneration of Judges of Supreme Court
(۱) Subject to this article٫ a Judge of the Supreme Court shall hold office
until he attains the age of ۶۵ years or such later time not being later than ۶
months after he attains that age٫ as the President may approve.
(۲) 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 (۳)٫ (۴) and (۵).
(۳) 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 discharrrge the functions of his
office٫ the President shall appoint a tribunal in accordance with clause (۴)
and shall refer that representation to it; and may on the recommendation of
the tribunal remove the Judge from office.
(۴) The tribunal shall consist of not less than ۵ 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).
(۵) Pending any reference and report under clause (۳)٫ 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.
(۶) Parliament shall by law provide for the remuneration of the Judges of the
Supreme Court and the remuneration so provided shall be charrrged on the
Consolidated Fund.
(۷) 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.
(۸) 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.
(۹) Notwithstanding clause (۱)٫ 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.
(۱۰) 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.
Article ۹۹ Restriction on Parliamentary Discussion of Conduct of a Judge of
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.
Article ۱۰۰ Advisory Opinion
(۱) The President may refer to a tribunal consisting of not less than ۳ 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.
(۲) Where a reference is made to a tribunal under Clause (۱)٫ 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 ۶۰ 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 (۱) 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.
(۳) 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.
(۴) 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.
Article ۱۰۱ Continuance of Existing Judges
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
[Title ۱ Public Service Commission]
Article ۱۰۲ Public Services
(۱) 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.
(۲) 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.
Article ۱۰۳ Interpretation
Except for the purposes of Articles ۱۱۲٫ ۱۱۴ and ۱۱۵٫ 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 officer below the rank of Inspector; or
(vi) any office the remuneration of the holder of which is calculated on a
daily rate٫ and “public officer” shall be construed accordingly.
Article ۱۰۴ Tenure of Public Office
Except as expressly provided by this Constitution٫ every person who is a member
of the public service shall hold office during the pleasure of the President.
Article ۱۰۵ Public Service Commission
(۱) There shall be a Public Service Commission which shall consist of a
Chairman and not less than ۵ and not more than ۱۴ other members٫ each of whom
shall be appointed in writing under the hand of the President٫ if the
President٫ acting in his discretion٫ concurs with the advice of the Prime
Minister.
(۲) The Chairman shall be a citizen of Singapore.
(۳) The President may٫ from time to time٫ if he٫ acting in his discretion٫
concurs with the advice of the Prime Minister٫ appoint one or more Deputy
Chairmen from among the members of the Public Service Commission.
(۴) Before tendering his advice as to the appointment under clause (۳) of a
Deputy Chairman٫ the Prime Minister shall consult the Chairman of the Public
Service Commission.
(۵) Every Deputy Chairman appointed under clause (۳) shall hold office for such
period as may be specified in the terms of his appointment and shall cease to
be Deputy Chairman if he ceases to be a member of the Public Service
Commission.
(۶) A person appointed to be a member of the Public Service Commission shall
thereafter be ineligible for appointment to any public office.
(۷) At any meeting of the Public Service Commission٫ ۳ members who shall
include either the Chairman or one of the Deputy Chairmen٫ and may include both
of them٫ shall form a quorum. If the quorum is present٫ the Commission shall
not be disqualified for the transaction of business by reason of any vacancy
among its members٫ and any proceeding of the Commission shall be valid
notwithstanding that some person not entitled to do so took part therein.
(۸) Before assuming the duties of his office٫ the Chairman and every other
member of the Public Service Commission shall take and subscribe before the
Chief Justice or some other Judge of the Supreme Court the appropriate Oath for
the due execccution of his office in the form set out in the First Schedule.
Article ۱۰۶ Disqualification for Appointment to Commission
(۱) A person shall not be appointed to be a member of the Public Service
Commission if he is٫ and shall cease to be a member if he becomes
(a) a public officer;
(b) an employee of any corporation incorporated by or under the provisions of
any law for the time being in force in Singapore other than the Companies Act
or any corresponding previous written law;
(c) a Member of Parliament or a duly nominated candidate for election as such
Member;
(d) a member of any trade unionnn or of any body or association affiliated to
a trade unionnn; or
(e) the holder of any office in any political association.
(۲) Clause (۱)(b) shall not apply to any person who is a member of the teaching
staff of any university established by or under any written law.
Article ۱۰۷ Tenure of Office
(۱) Subject to Article ۱۰۶٫ every member of the Public Service Commission
shall٫ unless he earlier resigns his office by writing under his hand addressed
to the President or is removed therefrom under this article٫ hold office for a
period of ۵ years from the date of his appointment٫ but shall be eligible for
reappointment: Provided that a member٫ other than the Chairman may be appointed
to hold office for any shorter period of not less than ۳ years.
(۲) If the Prime Minister٫ or the Chairman of the Public Service Commission
after consulting with the Prime Minister٫ represents to the President that a
member of the Public Service Commission ought to be removed from office for
inability to discharrrge the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for misbehavior٫ the President
shall٫ if he٫ acting in his discretion٫ concurs with that representation٫ refer
that representation to a tribunal consisting of the Chief Justice and two other
Judges of the Supreme Court nominated for that purpose by the Chief Justice and
shall٫ if that tribunal so recommends٫ remove that member from office by
writing under his hand.
(۳) The tribunal constituted under clause (۲) shall regulate its own procedure
and may make rules for that purpose.
Article ۱۰۸ Terms of Service of Chairman and Members of Commission
(۱) The Chairman and other members of the Public Service Commission shall be
paid such salary and allowances as may٫ from time to time٫ be determined٫ and
such salary and allowances shall be charrrged on and paid out of the
Consolidated Fund.
(۲) Subject to the provisions of this Constitution٫ the terms of service of the
members of the Public Service Commission may either
(a) be prescribed by or under any law made under this Constitution; or
(b) (in so far as they are not prescribed by or under any such law) be
prescribed by the President.
(۳) The terms of service of any member of the Public Service Commission shall
not be altered to his disadvantage during his continuance in office.
(۴) For the purposes of clause (۳)٫ in so far as the terms of service of a
member of the Public Service Commission 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 ۱۰۹ Secretary to Commission
(۱) There shall be a Secretary to the Public Service Commission who shall be a
person who is a public officer and who shall be appointed by the President in
accordance with the advice of the Commission.
(۲) The Secretary to the Public Service Commission shall be responsible٫ in
accordance with such instructions as may be given to him by the Chairman of the
Commission٫ for arranging the business for٫ and keeping the minutes of٫ the
meetings of the Commission and for conveying the decisions of the Commission to
the appropriate person or authority and shall have such other functions as the
Chairman may٫ from time to time٫ direct.
Article ۱۱۰ Appointment٫ etc.٫ of Public Officers
(۱) Subject to the provisions of this Constitution٫ it shall be the duty of the
Public Service Commission to appoint٫ confirm٫ emplace on the permanent or
pensionable establishment٫ promote٫ transfer٫ dismiss and exercise disciplinary
control over public officers.
(۲) The promotion of public officers shall be on the basis of official
qualifications٫ experience and merit.
(۳) No public officer shall be dismissed or reduced in rank under this article
without being given a reasonable opportunity of being heard.
(۴) No member of any of the services mentioned in Article ۱۰۲ (۱) (b) to (d)
shall be dismissed or reduced in rank by an authority subordinate to that
which٫ at the time of the dismissal or reduction٫ has power to appoint a member
of that service of equal rank.
(۵) In clause (۱)
– “appoint” does not include an appointment to act in an office for two months
or less;
– “transfer” does not include transfer without a change of rank within a
department of the Government.
[Title ۲ Special Service Commissions]
Article ۱۱۰a Education Service Commission
(۱) There shall be an Education Service Commission which shall consist of
(a) a Chairman (being either the Chairman or a Deputy Chairman of the Public
Service Commission) appointed in writing under the hand of the President if the
President٫ acting in his discretion٫ concurs with the advice of the Prime
Minister who shall٫ before tendering such advice٫ consult the Chairman of the
Public Service Commission;
(b) two members of the Public Service Commission nominated generally or
specially by the Chairman of the Public Service Commission of whom one shall be
nominated as the Deputy Chairman of the Education Service Commission; and
(c) two persons appointed in writing under the hand of the President if he٫
acting in his discretion٫ concurs with the advice of the Prime Minister.
(۲) It shall be the duty of the Education Service Commission to appoint٫
confirm٫ emplace on the permanent or pensionable establishment٫ promote٫
transfer٫ dismiss٫ and exercise disciplinary control over all public officers
in the Education Service of the Singapore Civil Service.
Article ۱۱۰b Public and Civil Defence Services Commission
(۱) There shall be a Police and Civil Defence Services Commission which shall
consist of
(a) a Chairman (being either the Chairman or a Deputy Chairman of the Public
Service Commission) appointed in writing under the hand of the President if the
President٫ acting in his discretion٫ concurs with the advice of the Prime
Minister who shall٫ before tendering such advice٫ consult the Chairman of the
Public Service Commission;
(b) two members of the Public Service Commission nominated generally or
specially by the Chairman of the Public Service Commission of whom one shall be
nominated as the Deputy Chairman of the Police and Civil Defence Services Com
mission; and
(c) two persons appointed in writing under the hand of the President if he٫
acting in his discretion٫ concurs with the advice of the Prime Minister.
(۲) It shall be the duty of the Police and Civil Defence Services Commission to
appoint٫ confirm٫ emplace on the permanent or pensionable establishment٫
promote٫ transfer٫ dismiss٫ and exercise disciplinary control over all public
officers in the Police Service and the Civil Defence Service٫ including the
transfer of such officers between those Services.
(۳) { Mended into Clause (۲) by Amendment Act No. ۲ ۱۹۹۴ of ۲۳ Sep ۱۹۹۴.}
(۴) In this article٫ the reference to the Police Service and the Civil Defence
Service shall be construed as a reference to the Singapore Police Force٫ the
Singapore Civil Defence Force and any other services as the President may٫
after consultation with the Chairman of the Public Service Commission٫ by
notification in the Gazette٫ designate as part of the Police Service or the
Civil Defence Service.
Article ۱۱۰c Education Service Commission and Police and Civil Defence Services
Commission
(۱) The provisions of this article shall have effect in relation to the
Education Service Commission and to the Police and Civil Defence Services
Commission٫ and “Commission” in this article shall be construed accordingly.
(۲) The Commission may٫ subject to such conditions as it thinks fit٫ delegate
to any member of the Commission٫ to any public officer or other person٫ or to
any board consisting of public officers or other persons appointed by it٫ any
of its functions in respect of any grade of service٫ and that member٫ officer٫
person or board shall exercise those functions under the direction and control
of the Commission.
(۳) At any meeting of the Commission٫ ۳ members who shall include either its
Chairman or Deputy Chairman shall form a quorum; and if a quorum is present٫
the Commission shall not be disqualified for the transaction of business by
reason of any vacancy among its members٫ and any proceeding of the Commission
shall be valid notwithstanding that some person not entitled to do so took part
therein.
(۴) The Commission may٫ subject to the provisions of this Constitution٫
regulate its own procedure and make rules for that purpose٫ and may٫ in
connection with the discharrrge of its functions٫ confer powers and impose
duties on any person or any authority of the Government.
(۵) The Commission shall appoint the Secretary of the Public Service
Commission٫ or any other public officer٫ to be Secretary of the Commission.
(۶) The Chairman of the Commission shall be appointed for a period of not less
than ۳ years and not more than ۵ years exept that
(a) he shall cease to be Chairman if he ceases to be the Chairman or Deputy
Chairman of the Public Service Commission; and
(b) the first Chairman may be appointed for a period of less than ۳ years.
(۷) Articles ۱۰۵ (۶)٫ ۱۰۶٫ ۱۰۷ and ۱۰۸ shall apply to a member of the
Commission appointed under Article ۱۱۰a (۱) (c) or ۱۱۰b (۱) (c) as they apply
to a member of the Public Service Commission.
(۸) Before assuming the duties of his office٫ a member of the Commission
appointed under Article ۱۱۰a (۱)(c) or ۱۱۰b (۱)(c) shall take and subscribe
before the Chief Justice or some other Judge of the Supreme Court the Oath for
the due execccution of his office in the form (with necessary modifications)
applicable to a member of the Public Service Commission as set out in the
A۰۰۱_First Schedule.
Article ۱۱۰d Personnel Boards
(۱) Subject to the provisions of this article٫ the President may٫ on the advice
of the Prime Minister and by order in the Gazette٫ establish one or more
personnel boards to exercise all or any of the powers and functions of the
Public Service Commission٫ the Education Service Commission٫ and the Police and
Civil Defence Services Commission in respect of the public officers each
Commission has charrrge of under Articles ۱۱۰٫ ۱۱۰a٫ and ۱۱۰b٫ respectively.
(۲) The order unter Clause (۱) shall specify the powers and functions to be
exercised by a personnel board and the class or classes of public officers in
repect of which those powers and functions may be exercised except the
following:
(a) the power to dismiss and exercise disciplinary control over all public
officers of any grade in Division I; and
(b) all powers of the Public Service Commission in relation to public officers
in the Administrative Service and Administrative Service (Foreign Service
Branch) who hold appointments of and above significant grade (as defined in
Article ۱۱۱a (۱)) in those Services٫ including the power to nominate officers
for appointment or promotion to that grade٫
and any power of appointment specified in the order as to be exercised by a
personnel board shall not include a power to dismiss any person so appointed.
(۳) Where the President has by order established a personnel board under Clause
(۱) for the purpose of exercising any of the powers or functions of a
Commission referred to in that clause٫ such power or function -–-
(a) may be exercised by such personnel board notwithstanding anything in
Articles ۱۱۰ (۱) and (۴)٫ ۱۱۰a (۲)٫ and ۱۱۰b (۲); and
(b) shall٫ so long as it remains a power or function to be exercised by the
boards pursuant to such order٫ cease to be exercisable by that Commission
except to the extent permitted under Clause (۴).
(۴) Subject to regulations made under Clause (۷)٫ any person aggrieved by any
decision of any personnel board may٫ within such time and in such manner as may
be prescribed٫ appeal to the Commission referred to in Clause (۱) which would
have exercised the powers of that personnel board if this article had not been
enacted٫ and the decision of any such Commission shall be final.
(۵) Subject to Clause (۶)٫ a personnel board which is established to exercise
any power over officers in Division I shall consist of such persons as the
President may٫ on the advice of the Prime Minister٫ appoint٫ except that the
President may٫ acting in his discretion٫ refuse to make any such appointment if
he does not concur with the advice of the Prime Minister.
(۶) A person shall not be appointed to be a member of a personnel board if he
is٫ and shall cease to be a member if he becomes -–-
(a) a Member of Parliament or a duly nominated candidate for election as such
Member;
(b) a member of any trade unionnn or of any body or association affiliated to
a trade unionnn; or
(c) the holder of any office in any political association.
(۷) The President may by regulations -–-
(a) provide for matters relating to the appointment of members of personnel
boards;
(b) prescribe the procedure to be followed by the personnel boards in the
exercise of their powers and functions;
(c) prescribe the manner of appeals under Clause (۴); and
(d) modify the application of Clause (۴) by providing that appeals under that
cluase shall be made first to such person or persons as may be appointed by the
President but without prejudice to the right to appeal thereafter to a
Commission.
(۸) Nothing in this article shall affect any direction or delegation issued
before the commencement of this article by the Education Service Commission٫
the Police and Civil Defence Services Commission٫ or the Public Service
Commission under Article ۱۱۰c (۲) or ۱۱۶ (۳)٫ as the case may be٫ and this
article shall not apply to any power or function of these Commissions so long
it forms the subject of any such direction or delegation.
Article ۱۱۱ Legal Service Commission
(۱) There shall be a Legal Service Commission٫ whose jurisdiction shall extend
to all officers in the Singapore Legal Service.
(۲) The Legal Service Commission shall consist of
(a) the Chief Justice٫ as President;
(b) the Attorney-General;
(c) the Chairman of the Public Service Commission;
(d) a Judge of the Supreme Court nominated generally or specially by the Chief
Justice; and
(e) not more than two members of the Public Service Commission nominated
generally or specially by the Chairman of the Public Service Commission.
(۳) Subject to the provisions of any existing law and to the provisions of this
Constitution٫ it shall be the duty of the Legal Service Commission to appoint٫
confirm٫ emplace on the permanent or pensionable establishment٫ promote٫
transfer٫ dismiss and exercise disciplinary control over officers in the
Singapore Legal Service.
(۴) The Legal Service Commission may delegate to any officer in the Singapore
Legal Service or to any board of such officers appointed by it any of its
functions under clause (۳) in respect of any grade of service٫ and that officer
or board shall exercise those functions under the direction and control of the
Legal Service Commission.
(۵) The person who is Secretary to the Public Service Commission shall be
Secretary to the Legal Service Com-
mission.
Article ۱۱۱a Promotion to Significant Grade
(۱) The President may٫ by notification in the Gazette٫ designate as significant
a grade each in the Administrative Service Scheme of Service and the
Administrative (Foreign Service) Scheme of Service (referred to in this article
as the significant grade)٫ and such notification may be subsequently amended to
designate as significant any other grade in those Schemes of Service not lower
than the grade first so designated.
(۲) Notwithstanding any other provision in the Constitution٫ any appointment or
promotion of a public officer to the significant grade shall be made by the
President٫ acting in accordance with the advice of the Prime Minister٫ from
public officers nominated by the Public Service Commission.
[Title ۳ Pensions٫ Proceedings]
Article ۱۱۲ Protection of Pension Rights
(۱) The law applicable to any pension٫ gratuity or other like allowance
(referred to in this article as an award) granted to any public officer or to
his widow٫ children٫ dependants or personal representatives shall be that in
force on the relevant day or any later law not less favorable to the person
concerned.
(۲) For the purposes of this article٫ the relevant day is
(a) in relation to an award made before ۱۶ Sep ۱۹۶۳٫ the date on which the
award was made;
(b) in relation to an award made after ۱۶ Sep ۱۹۶۳ to or in respect of any
person who was a public officer before that date٫ the date immediately before
that date; and
(c) in relation to an award made to or in respect of any person who first
became a public officer on or after ۱۶ Sep ۱۹۶۳٫ the date on which he first
became a public officer.
(۳) For the purposes of this article٫ where the law applicable to an award
depends on the option of the person to whom it is made٫ the law for which he
opts shall be taken to be more favorable to him than any other law for which he
might have opted.
Article ۱۱۳ Pension ower of Public Service Commission and Legal Service
Commission
(۱) Where under any written law any person or authority has a discretion
(a) to decide whether or not any award shall be made; or
(b) to withhold٫ reduce in amount or suspend any such award that has been made٫
that award shall be made and may not be withheld٫ reduced in amount or
suspended unless the Public Service Commission or the Legal Service Commission٫
as the case may be concurs in the refusal to grant the award or٫ as the case
may be٫ in the decision to withhold٫ reduce in amount or
suspend.
(۲) Where the amount of any award that may be made to any person is not fixed
by law٫ the amount of the award to be made to him shall be the greatest amount
for which he is eligible unless the Public Service Commission or the Legal
Service Commission٫ as the case may be٫ concurs in the making of an award of a
smaller amount.
(۳) In this article٫ “award” has the same meaning as in Article ۱۱۲.
Article ۱۱۴ Pensions٫ etc.٫ to be charrrged on Pension Fund٫ or Consolidated
Fund
Pensions٫ gratuities٫ and other like allowances granted in respect of the
public service shall be charrrged on and paid out of٫ in the first instance٫
the Pension Fund established by the Pension Fund Act ۱۹۹۵ and٫ if that Fund is
deficient٫ the Consolidated Fund.
Article ۱۱۵ Pension Rights on Transfer
(۱) Notwithstanding any provision of this Constitution relating to the
circumstances in which a public officer may vacate his office٫ any public
officer may٫ with the consent of the Government (which consent shall not be
unreasonably withheld)٫ relinquish his office for the purpose of transfer to
some other public office or to an office in any other public service٫ and if he
so relinquishes his office٫ his claim to any pension٫ gratuity or other like
allowance shall not thereby be prejudiced.
(۲) For the purposes of this article٫ “other public service” has the meaning
given to it by the Pensions Act as in force immediately before the commencement
of this Constitution.
Article ۱۱۶ Regulations Regarding Public Service Commission
(۱) Subject to the provisions of any written law for the time being in force in
Singapore٫ the President may make regulations for all or any of the following
matters:
(a) the division of public offices into Divisions and Services;
(b) the prescribing of Schemes regulating the recruitment٫ service and
promotion of members of such Services; and
(c) the conduct and discipline of the public service.
(۲) The Public Service Commission may٫ subject to the provisions of this
Constitution٫ regulate its own procedure and make rules for that purpose٫ and
may٫ in connection with the discharrrge of its functions٫ confer powers and
impose duties on any person or any authority of the Government.
(۳) The Public Service Commission may٫ by directions in writing and subject to
such conditions as it thinks fit٫ delegate any of its functions under Article
۱۱۰ (۱) to any member of the Commission٫ to any public officer or other person٫
or to any board consisting of public officers and other persons appointed by it
or to any person who is a member of a panel appointed by the Commission for the
purposes of representing the public in any disciplinary proceedings in respect
of any grade of the public service and that member٫ officer٫ board or person
shall exercise those functions under the direction and control of the Public
Service Commission.
Article ۱۱۷ Validation of Acts Done and Rules Made by Public Service Commission
(۱) No legal proceedings whatsoever shall lie or be instituted or maintained in
any court of law for or on account of or in respect of any act٫ decision or
thing done or taken by the Public Service Commission or by any member٫
committee or delegate thereof or by any person acting under the authority of
the Public Service Commission during the period from ۱۶ Sep ۱۹۶۳ to ۱۹ June
۱۹۷۰ if done or taken in good faith in the execccution of duty or for the
purpose of regulating conduct or enforcing discipline in the public service.
(۲) No legal proceedings in respect of any such act٫ decision or thing which is
alleged to have been done or taken in bad faith in the execccution of duty or
for the purpose of regulating conduct or enforcing discipline in the public
service during the period from ۱۶ Sep ۱۹۶۳ to ۱۹ June ۱۹۷۰ shall be instituted
or maintained in any court of law unless a certificate of the Attorney-General
shall first have been obtained sanctioning the institution of such legal
proceedings.
(۳) In the exercise or purported exercise of any of the powers conferred upon
the Public Service Commission to appoint٫ confirm٫ emplace on the permanent or
pensionable establishment٫ promote٫ transfer and exercise disciplinary control
over public officers٫ all acts or things done٫ exercised or performed by the
Public Service Commission or by any member٫ committee or delegate thereof or by
any person acting under the authority of the Public Service Commission during
the period from ۱۶ Sep ۱۹۶۳ to ۱۹ June ۱۹۷۰ shall be deemed to be and always to
have been within the competence and jurisdiction of the Public Service
Commission or such member٫ committee٫ delegate or person٫ as the case may be٫
and shall be deemed to be and always to have been validly done٫ exercised or
performed.
(۴) All rules٫ regulations٫ orders or notifications whatsoever made during the
period from ۱۶ Sep ۱۹۶۳ to ۱۹ June ۱۹۷۰ by or in the name of the Public Service
Commission or any committee thereof shall be deemed to be and always to have
been validly made٫ notwithstanding that any such rules٫ regulations٫ orders or
notifications have been revoked or amended or are or have been inconsistent
with٫ or in conflict with٫ or contrary to any written law or law previously in
force.
Article ۱۱۸ Performance by Public Service Commission of Other Functions
Parliament may by law provide for the exercise of other functions by the Public
Service Commission.
Article ۱۱۹ Reports of Commissions
The Public Service Commission and the Legal Service Commission shall each make
an annual report on its activities to the President and a copy of every such
report shall be presented to Parliament.
Part X Citizenship
[Title ۱ Acquisition]
Article ۱۲۰ Status of Citizen of Singapore
(۱) There shall be a status known as citizen of Singapore.
(۲) The status of a citizen of Singapore may be acquired
(a) by birth;
(b) by descent;
(c) by registration or٫ before ۹ Aug ۱۹۶۵٫ by enrolment; or
(d) by naturalization.
Article ۱۲۱ Citizenship by Birth
(۱) Subject to this article٫ every person born in Singapore after the
commencement of this Constitution shall be a citizen of Singapore by birth.
(۲) A person shall not be a citizen of Singapore by virtue of clause (۱) if at
the time of his birth
(a) his father٫ not being a citizen of Singapore٫ possessed such immunity from
suit and legal process as is accorded to an envoy of a sovereign power
accredited to the President;
(b) his father was an enemy alien and the birth occurred in a place then under
the occupation of the enemy; or
(c) neither of his parents was a citizen of Singapore.
(۳) Notwithstanding clause (۲) (c)٫ the Government may٫ where
lt considers it just and fair and havinggg regard to all the circumstances
prevailing at the time of the application٫ confer citizenship upon a person
born in Singapore.
Article ۱۲۲ Citizenship by Descent
(۱) A person born outside Singapore after the commencement of this Constitution
shall be a citizen of Singapore by descent if at the time of the birth his
father is a citizen of Singapore٫ by birth or by registration: Provided that
such person shall not be a citizen of Singapore by descent unless his birth is
registered in the prescribed manner at the Registry of Citizens or at a
diplomatic or consular mission of Singapore within one year of its occurrence
or٫ with the permission of the Government٫ later: And provided further that
where such person is born of a father who is a citizen of Singapore by
registration at the time of the birth٫ he would not acquire the citizenship of
that country in which he was born by reason of his birth in that country.
(۲) A person who٫ being a minor٫ becomes a citizen of Singapore by descent
shall cease to be a citizen of Singapore on attaining the age of ۲۲ years
unless within ۱۲ months after he attains the age of ۲۱ years he takes the Oath
of Renunciation٫ Allegiance and Loyalty in the form set out in the Second
Schedule and where the Government so requires divests himself of any foreign
citizenship or nationality.
Article ۱۲۳ Citizenship by Registration
(۱) Subject to the provisions of this Constitution٫ any person resident in
Singapore of or over the age of ۲۱ years may٫ on application being made
therefor in the prescribed form٫ be registered as a citizen of Singapore if he
satisfies the Government that he
(a) is of good charrracter;
(b) has resided in Singapore throughout the ۱۲ months immediately preceding the
date of his application;
(c) has during the ۱۲ years immediately preceding the date of his application
resided in Singapore for periods amounting in the aggregate to not less than ۱۰
years: Provided that the Government may exempt any applicant from compliance
with this paragraph
(i) where such applicant has during the ۶ years immediately preceding the date
of his application resided in Singapore for periods amounting in the aggregate
to not less than ۵ years; or
(ii) where in any special case the Government considers fit to confer
citizenship upon such applicant;
(d) intends to reside permanently in Singapore; and
(e) has an elementary knowledge of one of the following languages٫ namely٫
Malay٫ English٫ Mandarin and Tamil: Provided that the Government may exempt an
applicant who has attained the age of ۴۵ years or who is deaf or dumb from
compliance with this paragraph.
(۲) Subject to the provisions of this Constitution٫ any woman who is married to
a citizen of Singapore may٫ on making application therefor in the prescribed
manner٫ be registered as a citizen of Singapore if she satisfies the Government
(a) that she has resided continuously in Singapore for a period of not less
than two years immediately preceding the date of the application;
(b) that she intends to reside permanently in Singapore; and
(c) that she is of good charrracter.
Article ۱۲۴ Registration of Minors
(۱) The Government may if satisfied that a child under the age of ۲۱ years
(a) is the child of a citizen of Singapore; and
(b) is residing in Singapore٫ cause such child to be registered as a citizen of
Singapore on application being made therefor in the
prescribed manner by the parent or guardian of such child.
(۲) The Government may٫ in such special circumstances as it thinks fit٫ cause
any child under the age of ۲۱ years to be registered as a citizen of Singapore.
Article ۱۲۵ Effect of Registration
Subject to Article ۱۲۶٫ a person registered as a citizen of Singapore under
Article ۱۲۳ or ۱۲۴ shall be a citizen of Singapore from the date on which he is
so registered.
Article ۱۲۶ General Provisions as to Registration
(۱) No person shall be registered as a citizen of Singapore under Article ۱۲۳
until he has taken the Oath of Renunciation٫ Allegiance and Loyalty in the form
set out in the Second Schedule.
(۲) Except with the approval of the Government٫ no person who has renounced or
has been deprived of citizenship of Singapore under this Constitution or the
Singapore Citizenship Ordinance ۱۹۵۷ shall be registered as a citizen of
Singapore under the provisions of this Constitution.
(۳) Any person who becomes a citizen of Singapore by registration under section
۱۳ of the Singapore Citizenship Ordinance ۱۹۵۷ or Article ۱۲۴ shall cease to be
a citizen of Singapore on attaining the age of ۲۲ years unless within ۱۲ months
after he attains the age of ۲۱ years he takes the Oath of Renunciation٫
Allegiance and Loyalty in the form set out in the Second Schedule.
Article ۱۲۷ Citizenship by Naturalization
(۱) Subject to clause (۴)٫ the Government may٫ upon application made by any
person of or over the age of ۲۱ years who is not a citizen of Singapore٫ grant
a certificate of naturalization to that person if the Government is satisfied
(a) that he has resided in Singapore for the required periods and intends٫ if
the certificate is granted٫ to do so permanently;
(b) that he is of good charrracter; and
(c) that he has an adequate knowledge of the national language.
(۲) The periods of residence in Singapore or the relevant part of it which are
required for the grant of a certificate of naturalization are periods which
amount in the aggregate to not less than ۱۰ years in the ۱۲ years immediately
preceding the date of the application for the certificate and which include the
۱۲ months immediately preceding that date.
(۳) A person to whom a certificate of naturalization is granted shall be a
citizen of Singapore by naturalization from the date on which the certificate
is granted.
(۴) No certificate of naturalization shall be granted to any person until he
has taken the Oath of Renunciation٫ Allegiance and Loyalty in the form set out
in the Second Schedule.
[Title ۲ Loss]
Article ۱۲۸ Renunciation of Citizenship
(۱) Any citizen of Singapore of or over the age of ۲۱ years and of sound mind
who is also or is about to become a citizen of another country may renounce his
citizenship of Singapore by declaration registered by the Government٫ and shall
upon such registration cease to be a citizen of Singapore.
(۲) The Government may withhold the registration of a declaration under this
article -–-
(a) if the declaration is made during any war in which Singapore is engaged;
or
(b) if the declaration is made by a person subject to the Enlistment Act unless
he has
(i) discharrrged his liability for full-time service under section ۱۲ of that
Act;
(ii) rendered at least ۳ years of operationally ready national service under
section ۱۳ of that Act in lieu of such full-time service; or
(iii) complied with such conditions as may be determined by the Government.
(۳) This article applies to a woman under the age of ۲۱ years who has been
married as it applies to a person of or over that age.
Article ۱۲۹ Deprivation of Citizenship
(۱) A citizen of Singapore who is a citizen by registration or by
naturalization shall cease to be such a citizen if he is deprived of his
citizenship by an order of the Government made in accordance with this article.
(۲) The Government may٫ by order٫ deprive any such citizen of his citizenship
if the Government is satisfied that the registration or the certificate of
naturalization
(a) was obtained by means of fraud٫ false representation or the concealment of
any material fact; or
(b) was effected or granted by mistake.
(۳) The Government may٫ by order٫ deprive of his citizenship
(a) any person who is a citizen of Singapore by naturalization if the
Government is satisfied
(i) that he has shown himself by act or speech to be disloyal or disaffected
towards Singapore; or
(ii) that he has٫ during any war in which Singapore is or was engaged٫
unlawfully traded or communicated with an enemy or been engaged in or
associated with any business which to his knowledge was carried on in such
manner as to assist an enemy in that war; or
(b) any citizen of Singapore by registration or by naturalization if the
Government is satisfied
(i) that he has٫ within the period of ۵ years after registration or
naturalization٫ been sentenced in any country to imprisonment for a term of not
less than ۱۲ months or to a fine of not less than $۵٫۰۰۰ or the equivalent in
the currency of that country٫ and has not received a free pardon in respect of
the offence for which he was so sentenced; or
(ii) that he has٫ at any time after registration or naturalization٫ been
engaged in any activities which are prejudicial to the security of Singapore٫
or the maintenance of public order therein٫ or the maintenance therein of
essential services٫ or in any criminal activities which are prejudicial to the
interests of public safety٫ peace or good order.
(۴) The Government may٫ by order٫ deprive of his citizenship any person who is
a citizen of Singapore by naturalization if the Government is satisfied that٫
without the Government”s approval٫ he has accepted٫ served in or performed
the duties of any office٫ post or employment under the government of any
foreign country or any political subdivision thereof٫ or under any agency of
such a government٫ in any case where an oath٫ affirmation or declaration of
allegiance is required in respect of the office٫ post or employment: Provided
that a person shall not be deprived of his citizenship under this clause by
reason of anything done before ۹ Aug ۱۹۶۵ notwithstanding that he was at the
time a citizen of Singapore.
(۵) The Government may٫ by order٫ deprive of his citizenship any person who is
a citizen of Singapore by naturalization if the Government is satisfied that he
has been ordinarily resident in foreign countries for a continuous period of ۵
years and during that period has neither
(a) been at any time in the service of Singapore or of an international
organization of which the Government was a member; nor
(b) registered annually at a consulate of Singapore his intention to retain his
citizenship.
(۶) The Government may٫ by order٫ deprive of her citizenship any woman who is a
citizen of Singapore by registration under Article ۱۲۳ (۲) if the Government is
satisfied that the marriage by virtue of which she was registered has been
dissolved٫ otherwise than by death٫ within the period of two years beginning
with the date of the marriage.
(۷) No person shall be deprived of his citizenship under this article or under
Article ۱۳۰ unless the Government is satisfied that it is not conducive to the
public good that that person should continue to be a citizen of Singapore;
and no person shall be deprived of his citizenship under clause (۲) (b) or
clause (۳) (a) or (b) (i) or under clause (۴) or (۵) or under Article ۱۳۰ if
the Government is satisfied that as a result of the deprivation he would not be
a citizen of any country.
Article ۱۳۰ Deprivation of Citizenship of Child of Person Losing Citizenship
Where a person has
(a) renounced his citizenship; or
(b) been deprived of his citizenship under Article ۱۲۹ (۲)(a) or ۱۳۴ (۱)(a)٫
the Government may٫ by order٫ deprive of his citizenship any child of that
person under the age of ۲۱ years who has been registered as a citizen of
Singapore pursuant to this Constitution and was so registered as being the
child of that person or of that person”s wife or husband.
Article ۱۳۱ General Provisions as to Loss of Citizenship
Renunciation or deprivation of citizenship of Singapore shall not discharrrge
a person from liability in respect of anything done or omitted to be done
before he ceased to he a citizen of Singapore.
Article ۱۳۲ Cancellation of Enrollment as Citizen
(۱) Where a person has been enrolled as a citizen of Singapore before ۹ Aug
۱۹۶۵ and the Government is satisfied that the enrolment
(a) was obtained by means of fraud٫ false representation or the concealment of
any material fact; or
(b) was effected by mistake٫
the Government may٫ by order٫ cancel the enrolment.
(۲) Where under this article a person”s enrolment as a citizen of Singapore
is cancelled٫ that shall not discharrrge him from liability in respect of
anything done or omitted to be done before the cancellation.
Article ۱۳۳ Procedure for Deprivation
(۱) Before making an order under Article ۱۲۹٫ ۱۳۲٫ ۱۳۴ or ۱۳۵٫ the Government
shall give the person٫ against whom the order is proposed to be made٫ notice in
writing informing him of the ground on which the order is proposed to be made
and of his right to have the case referred to a committee of inquiry under this
article.
(۲) If any person to whom such notice is given applies within such time as may
be prescribed to have the case referred to a committee of inquiry٫ the
Government shall٫ and in any other case may٫ refer the case to a committee of
inquiry consisting of a Chairman٫ who shall be a person qualified to be
appointed as a Judge of the Supreme Court٫ and two other members chosen from a
panel to be appointed by the Government in that behalf.
(۳) The committee of inquiry shall٫ on such reference٫ hold an Inquiry in such
manner as may be prescribed and submit a report to the Government and the
Government shall have regard to such report in making the order.
Article ۱۳۴ Deprivation of Citizenship on Acquisitioni of Foreign Citizenship
(۱) The Government may٫ by order٫ deprive a citizen of
Singapore of his citizenship if the Government is satisfied that
(a) he has٫ while of or over the age of ۱۸ years٫ at any time after ۶ April
۱۹۶۰ acquired by registration٫ naturalization or other voluntary and formal act
(other than marriage) the citizenship of any country outside Singapore or
havinggg so acquired such citizenship before the age of ۱۸ years continues to
retain it after that age; or
(b) the citizen٫ being a woman who is a citizen of Singapore by registration
under Article ۱۲۳ (۲)٫ has acquired the citizenship of any country outside
Singapore by virtue of her marriage to a person who is not a citizen of
Singapore.
(۲) Where the Government has made an order under this article depriving a
citizen of Singapore of his citizenship٫ he shall cease to be a citizen with
effect from the date of the order.
Article ۱۳۵ Deprivation of Citizenship on Exercise of Rights of Foreign
Nationals
(۱) The Government may٫ by order٫ deprive a citizen of Singapore of his
citizenship if the Government is satisfied that
(a) he has٫ while of or over the age of ۱۸ years٫ at any time after ۶ April
۱۹۶۰ voluntarily claimed and exercised any rights (other than any rights in
connection with the use of a passport) available to him under the law of any
country outside Singapore being rights accorded exclusively to the citizens or
nationals of that country;
(b) he has٫ while of or over the age of ۱۸ years٫ at any time after ۶ April
۱۹۶۰ applied to the authorities of a place outside Singapore for the issue or
renewal of a passport or used a passport issued by such authorities as a travel
document; or
(c) he is of or over the age of ۱۸ years and has٫ whether before or after
attaining the age of ۱۸ years٫ been ordinarily resident outside Singapore for a
continuous period of ۱۰ years (including any period of residence outside
Singapore before ۲ Jan ۱۹۸۶) and has not at any time
(i) during that period or thereafter entered Singapore by virtue of a
certificate of status or travel document issued by the competent authorities of
Singapore; or
(ii) during that period been in the service of the Government or of an
international organization of which Singapore is a member or of such other body
or organization as the President may٫ by notification in the Gazette٫
designate.
(۲) For the purposes of clause (۱) (a)٫ the exercise of a vote in any political
election in a place outside Singapore shall be deemed to be the voluntary claim
and exercise of a right available under the law of that place.
(۳) Where the Government has made an order under this article depriving a
citizen of Singapore of his citizenship٫ he shall cease to be a citizen with
effect from the date of the order.
Article ۱۳۶ Termination of Citizenship of Malaysia
Where a person who was a citizen of Singapore had renounced his citizenship of
Malaysia or been deprived of his citizenship of Malaysia by the Government of
Malaysia before ۹ Aug ۱۹۶۵٫ such person shall be deemed to have renounced or
been deprived of his citizenship of Singapore under this Constitution and to
have ceased to be a citizen of Singapore.
Article ۱۳۷ Deprivation of Citizenship or Cancellation of Enrollment of
Children
(۱) Where a person has been deprived of his citizenship or his enrolment as a
citizen has been cancelled under the provisions of this Part٫ the Government
may٫ by order٫ deprive of his citizenship or٫ as the case may be cancel the
enrolment of any child of that person under the age of ۲۱ years who has been
registered or enrolled as a citizen under the provisions of this Constitution
or the Singapore Citizenship Ordinance ۱۹۵۷ and was so registered or enrolled
as being the child of that person or of that person”s wife or husband.
(۲) No person shall be deprived of his citizenship under clause (۱) unless the
Government is satisfied that it is not conducive to the public good that he
should continue to be a citizen; and no person shall be deprived of his
citizenship under clause (۱) if the Government is satisfied that as a result of
such deprivation he would not be a citizen of any country.
[Title ۳ Grant٫ Commonwealth Citizenship]
Article ۱۳۸ Grant of Certificate of Citizenship in Cases of Doubt
Upon application made in that behalf in the prescribed manner٫ the Government
may grant in the form prescribed a certificate of citizenship to a person with
respect to whose citizenship a doubt exists٫ whether of fact or of law:
Provided that where the Government is satisfied that such a certificate was
obtained in circumstances set out in Article ۱۳۲ (۱) (a) or (b)٫ the Government
may٫ by order٫ cancel such certificate.
Article ۱۳۹ Commonwealth Citizenship
(۱) In accordance with the position of Singapore within the Commonwealth٫ every
person who is a citizen of Singapore enjoys by virtue of that citizenship the
status of a Commonwealth citizen in common with the citizens of other
Commonwealth countries.
(۲) Any existing law shall٫ except so far as Parliament otherwise provides٫
apply in relation to a citizen of the Republic of Ireland who is not also a
Commonwealth citizen as it applies in relation to a Commonwealth citizen.
Article ۱۴۰ Application of Third Schedule
Until the Legislature otherwise provides by law٫ the supplementary provisions
contained in the Third Schedule shall have effect for the purposes of this
Part.
Article ۱۴۱ Repeal
(۱) The Singapore Citizenship Ordinance ۱۹۵۷ is hereby repealed.
(۲) Any person who immediately before the commencement of this Constitution
was٫ by virtue of the Singapore Citizenship Ordinance ۱۹۵۷٫ a citizen of
Singapore by birth٫ descent٫ registration or naturalization٫ shall as from the
commencement of this Constitution continue٫ subject to the provisions of this
Constitution٫ to possess that status.
(۳) Where a person would have been a citizen of Singapore by descent
immediately before the commencement of this Constitution if his birth had been
registered under the provisions of the Singapore Citizenship Ordinance ۱۹۵۷٫ he
shall become a citizen of Singapore by descent if his birth is registered at a
consulate of Singapore or with the Government in the prescribed manner within
one year of its occurrence or٫ with the permission of the Government٫ later.
(۴) Notwithstanding the repeal of the Singapore Citizenship Ordinance ۱۹۵۷٫
where a person who has become a citizen of Singapore was liable in respect of
things done before the commencement of this Constitution to be deprived of that
status under the Ordinance٫ then the Government may٫ by order٫ deprive him of
his citizenship if proceedings for that purpose are begun during the period of
two years after the commencement of this Constitution.
(۵) Where a person is liable to be deprived of citizenship under clause (۴) and
proceedings had before the commencement of this Constitution been begun to
deprive him of citizenship of Singapore under the provisions of the Singapore
Citizenship Ordinance ۱۹۵۷٫ those proceedings shall be treated as proceedings
to deprive him of citizenship under that clause and shall be continued as such
in accordance with the provisions of
the Singapore Citizenship Ordinance ۱۹۵۷ in force immediately before the
commencement of this Constitution.
Part XI Financial Provisions
[Title ۱ Consolidated Fund]
Article ۱۴۲ Interpretation
In this Part٫ unless the context otherwise requires
– “Development Fund” means the Development-Fund established by the Development
Fund Act;
– “financial year” means a period of ۱۲ months ending on ۳۱st March in any
year.
Article ۱۴۳ No Taxation Unless Authorized by Law
No tax or rate shall be levied by٫ or for the purposes of٫ Singapore except by
or under the authority of law.
Article ۱۴۴ Restriction on Loans٫ Guarantees٫ etc.
(۱) No guarantee or loan shall be given or raised by the Government
(a) except under the authority of any resolution of Parliament with which the
President concurs;
(b) under the authority of any law to which this paragraph applies unless the
President concurs with the giving or raising of such guarantee or loan; or
(c) except under the authority of any other written law.
(۲) The President٫ acting in his discretion٫ may withhold his assent to any
Bill passed by Parliament providing٫ directly or indirectly٫ for the borrowing
of money٫ the giving of any guarantee or the raising of any loan by the
Government if٫ in the opinion of the President٫ the Bill is likely to draw on
the reserves of the Government which were not accumulated by the Government
during its current term of office.
(۳) Clause (۱)(b) shall apply to the following laws:
(a) the Asian Development Bank Act;
(b) the Bretton Woods Agreements Act;
(c) the Economic Development Board Act;
(d) the External Loans Act;
(e) the Financial Procedure Act;
(f) the International Finance Corporation Act;
(g) the Jurong Town Corporation Act; and
(h) the Loans (International Banks) Act.
Article ۱۴۵ Consolidated Fund
There shall be in and for Singapore a Consolidated Fund into which٫ subject to
the provisions of any law for the time being in force in Singapore٫ shall be
paid all revenues of Singapore not allocated to specific purposes by any
written law.
Article ۱۴۶ Withdrawal from Consolidated Fund٫ etc.
(۱) No moneys shall be withdrawn from the Consolidated Fund unless they are
(a) charrrged on the Consolidated Fund;
(b) authorized to be issued by a Supply law٫ Supplementary Supply law٫ or Final
Supply law;
(c) authorized to be issued by a resolution passed by Parliament under Article
۱۴۸b with which the President concurs; or
(d) authorized to be issued by the Minister responsible for finance under
Article ۱۴۸b (۴).
(۲) No moneys shall be withdrawn from the Consolidated Fund except in the
manner provided by law.
(۳) Clause (۱) shall not apply to any such sums as are mentioned in Article ۱۴۷
(۲) (b) (i)٫ (ii) or (iii).
(۴) No moneys in the Development Fund shall be withdrawn
(a) except for any one or more purposes specified in any
written law٫ being purposes necessary or related to the development of
Singapore; and
(b) unless authorized to be issued by a Supply law٫ Supplementary Supply law٫
or Final Supply law or by the Minister responsible for finance under Article
۱۴۸b (۴).
Article ۱۴۷ Annual Estimates of Financial Statements
(۱) The Minister responsible for finance shall٫ before the end of each
financial year٫ cause to be prepared annual estimates of revenue and
expenditure of Singapore during the succeeding financial year which٫ when
approved by the Cabinet٫ shall be presented to Parliament.
(۲) The estimates of expenditure shall show separately
(a) the total sums required to meet expenditure charrrged on the Consolidated
Fund;
(b) the sums respectively required to meet the heads of other expenditure for
the public services proposed to be met from the Consolidated Fund٫ except the
following sums:
(i) sums representing the proceeds of any loan raised by the Government for
specific purposes and appropriated for those purposes by the law authorizing
the raising of the loan;
(ii) sums representing any money or interest on money received by the
Government subject to a trust and to be applied in accordance with the terms of
the trust; and
(iii) sums representing any money held by the Government which has been
received or appropriated for the purpose of any trust fund established by or in
accordance with any written law; and
(c) the sums respectively required to meet the heads of expenditure proposed to
be met from the Development Fund.
(۳) The estimates of revenue to be shown in the estimates shall not include any
sums received by way of zakat٫ fitrah and baitulmal or similar Muslim revenue.
(۴) The Minister responsible for finance shall also present to Parliament
together with the estimates of revenue and expenditure
(a) a statement whether the annual estimates of revenue and expenditure is
likely to draw on the reserves which were not accumulated by the Government
during its current term of office; and
(b) an audited statement showing as far as practicable the assets and
liabilities of Singapore at the end of the last completed financial year.
(۵) The Minister responsible for finance shall٫ as soon as practicable after
the end of every financial year٫ prepare in respect of that year
(a) in relation to accounts maintained in respect of the Consolidated Fund٫ a
full and particular account showing the amounts actually received and spent in
that year٫ and a full and particular statement showing receipts and expenditure
of any loan moneys;
(b) a statement of receipts and expenditure of moneys accounted in the
Development Fund Account;
(c) a statement of receipts and expenditure of moneys accounted in any
Government fund createeed by any law;
(d) so far as is practicable٫ a statement of the assets and liabilities of
Singapore at the end of the financial year;
(e) so far as is practicable٫ a statement of outstanding guarantees and other
financial liabilities of Singapore at the end of the financial year; and
(f) such other statements as the Minister may think fit٫ and٫ after the
accounts and statements referred to in this clause have been audited٫ present
to the President those audited accounts and statements together with another
statement stating whether the audited accounts and statements referred to in
this clause show any drawing on or likelihood of drawing on the reserves
of the Government which were not accumulated by the Government during its
current term of office.
[Title ۲ Expenditure]
Article ۱۴۸ Authorization of Expenditure from Consolidated Fund and Development
Fund
(۱) The heads of expenditure to be met from the Consolidated Fund and
Development Fund (other than statutory expenditure and expenditure to be met by
such sums as are mentioned in Article ۱۴۷ (۲)(b)(i)٫ (ii)٫ or (iii)) shall be
included in a Bill to be known as a Supply Bill providing for the issue from
the Consolidated Fund and Development Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes specified
therein.
(۲) Wherever
(a) any moneys are expended or are likely to be expended in any financial year
upon any service or purpose which are in excess of the sum provided for that
service or purpose by the Supply law relating to that year; or
(b) any moneys are expended or are likely to be expended (otherwise than by way
of statutory expenditure) in any financial year upon any new service or purpose
not provided for by the Supply law relating to that year٫
supplementary estimates (or٫ as the case may be٫ statements of excess) shall be
prepared by the Minister responsible for finance and٫ when approved by the
Cabinet٫ shall be presented to and voted on by Parliament; in respect of all
supplementary expenditure so voted٫ the Minister responsible for finance may٫
at any time before the end of the financial year٫ introduce into Parliament a
Supplementary Supply Bill containing٫ under appropriate heads٫ the estimated
sums so voted and shall٫ as soon as possible after the end of each financial
year٫ introduce into Parliament a Final Supply Bill containing any such sums
which have not yet been included in any Supply Bill.
(۲a) The Minister responsible for finance shall٫ in presenting to Parliament
any supplementary estimates or statement of excess under Clause (۲)٫ also
present a statement stating whether the supplementary estimates or statement of
excess٫ as the case may be٫ is likely to draw on the reserves which were not
accumulated by the Government during its current term of office.
(۳) The part of any estimates of expenditure presented to Parliament which
shows statutory expenditure shall not be voted on by Parliament٫ and such
expenditure shall٫ without further authority of Parliament٫ be paid out of the
Consolidated Fund.
(۴) For the purposes of this article٫ “statutory expenditure” means expenditure
charrrged on the Consolidated Fund or on the general revenues and assets of
Singapore by virtue of Articles ۱۸٫ ۲۲j (۳)٫ ۳۵ (۱۰)٫ ۴۱٫ ۴۲ (۳)٫ ۱۰۸ (۱)٫ ۱۱۴٫
۱۴۸e and ۱۴۸f (۴) or by virtue of the provisions of any other law for the time
being in force in Singapore.
Article ۱۴۸a Withholding of Assent to Supply Bill٫ etc.
(۱) The President may٫ acting in his discretion٫ withhold his assent to any
Supply or Supplementary Supply or Final Supply Bill for any financial year if٫
in his opinion٫ the estimates of revenue and expenditure for that year٫ the
supplementary estimates or the statement of excess٫ as the case may be٫ are
likely to lead to a drawing on the reserves which were not accumulated by the
Government during its current term of office٫ except that if the President
assents to any such Bill notwithstanding his opinion that the estimates٫
supplementary estimates٫ or statement of excess are likely to lead to a drawing
on those reserves٫ the President shall state his opinion in writing addressed
to the Speaker and shall cause his opinion to be published in the Gazette.
(۲) If the President withholds his assent to any Supply Bill٫ Supplementary
Supply Bill٫ or Final Supply Bill relating to any financial year and no
resolution to overrule the President is passed by Parliament under Article ۱۴۸d
within ۳۰ days of such withholding of assent٫ Parliament may by resolution
authorize expenditure or supplementary expenditure٫ as the case may be٫ (not
otherwise authorized by law) from the Consolidated Fund and Development Fund
during that financial year: Provided that
(a) where the President withholds his assent to a Supply Bill٫ the expenditure
so authorized for any service or purpose for that financial year (which shall
include any amount authorized under Article ۱۴۸b (۴)) shall not exceed the
total amount appropriated for that service or purpose in the preceding
financial year; or
(b) where the President withholds his assent to a Supplementary Supply Bill or
Final Supply Bill٫ the expenditure so authorized for any service or purpose
shall not exceed the amount necessary to replace an amount advanced from any
Contingencies Fund under Article ۱۴۸c (۱) for that service or purpose.
(۳) For the purpose of Paragraph (a) of the provisio to Clause (۲)٫ the total
amount appropriated for any service or purpose in any financial year shall be
ascertained by adding the sums appropriated for such service or purpose by the
Supply law٫ Supplementary Supply law٫ and Final Supply law (if any) for that
financial year.
(۳a) Upon the passing of a resolution under Clause (۲)٫ the Minister
responsible for finance shall introduce in Parliament a Supply Bill٫
Supplementary Supply Bill٫ or Final Supply Bill٫ as the case may be٫
containing٫ under appropriate heads٫ the sums so voted on by Parliament.
(۴) In forming his opinion under clause (۱) in relation to any Supplementary
Supply Bill or Final Supply Bill٫ the President shall not have regard to any
amount for any service or purpose included in the Supplementary Supply Bill or
Final Supply Bill which is to replace any amount advanced from any
Contingencies Fund under Article ۱۴۸c (۱).
(۵) For the purposes of this article and Article ۱۴۸d٫ where٫ on the expiration
of ۳۰ days after a Supply Bill٫ Supplementary Supply Bill٫ or Final Supply Bill
has been presented to the President for his assent٫ the President has not
signified the withholding of his assent to the Bill٫ the President shall be
deemed to have given his assent to the Bill and the date of such assent shall
be deemed to be the day immediately following the expiration of the said ۳۰
days.
Article ۱۴۸b Power to Authorize Expenditure on Account or for Unspecified
Purposes
(۱) Subject to clause (۳)٫ Parliament may٫ by resolution approving estimates
containing a vote on account٫ authorize expenditure for part of any year before
the passing of the Supply law for that year٫ but the aggregate sums so voted
shall be included under the appropriate heads٫ in the Supply law for that year.
(۲) Subject to clause (۳)٫ Parliament may٫ by resolution approving a vote of
credit٫ authorize expenditure for the whole or part of the year٫ otherwise than
in accordance with Articles ۱۴۷ and ۱۴۸٫ if٫ owing to the magnitude or
indefinite charrracter of any service or to circumstances of unusual urgency٫
it appears to Parliament desirable to do so.
(۳) No resolution of Parliament made under clause (۱) or (۲) shall have effect
unless the President٫ acting in his discretion. concurs therewith.
(۴) If no Supply Bill has become law by the first day of the financial year to
which it relates (whether by reason of the President withholding his assent
thereto or otherwise)٫ the
Minister responsible for finance may٫ with the prior approval of the Cabinet٫
authorize such expenditure (not otherwise authorized by law) from the
Consolidated Fund٫ Development Fund or other Government fund as he may consider
essential for the continuance of the public services or any purpose of
development shown in the estimates until there is a supply law for that
financial year: Provided that the expenditure so authorized for any service or
purpose shall not exceed one-quarter of the amount voted for that service or
purpose in the Supply law for the preceding financial year.
Article ۱۴۸c Contingencies Funds
(۱) The Legislature may by law createee a Contingencies Fund each for the
Consolidated Fund and for the Development Fund and authorize the Minister
responsible for finance to make advances from the appropriate Contingencies
Fund if
(a) he is satisfied that there is an urgent and unforeseen need for expenditure
for which no provision or no sufficient provision has been made by a Supply
law; and
(b) the President٫ acting in his discretion٫ concurs with the making of such
advances.
(۲) Where any advance is made by virtue of the authority conferred under clause
(۱)٫ a supplementary estimate of the sum required to replace the amount so
advanced shall٫ as soon as practicable٫ be presented to and voted on by
Parliament and the sum shall be included in a Supplementary Supply Bill or
Final Supply Bill.
(۳) If the Minister responsible for finance intends to make any advance from a
Contingencies Fund٫ he shall present to the President a statement stating
whether the proposed advance٫ if replaced٫ is likely to draw on the reserves
which were not accumulated by the Government during its current term of office.
(۴) The President may٫ acting in his discretion٫ refuse to concur with the
making of an advance from a Contingencies Fund which in his opinion٫ if
replaced٫ is likely to draw on the reserves which were not accumulated by the
Government during its current term of office.
Article ۱۴۸d Parliament May Overrule President”s Withholding of Assent to
Supply Bill
(۱) Where the President withholds his assent under Article ۱۴۸a to any Supply
Bill٫ Supplementary Supply Bill٫ or Final Supply Bill relating to any financial
year contrary to the recommendation of the Council of Presidential Advisers٫
Parliament may by resolution passed by not less than two-thirds of the total
number of the elected Members of Parliament referred to in Article ۳۹ (۱)(a)
overrule the decision of the President.
(۲) Upon the passing of a resolution under clause (۱)٫ the assent of the
President shall be deemed to have been given on the date of the passing of such
resolution.
Article ۱۴۸e Debt charrrges and Moneys Required to Satisfy Judgments
(۱) The following are hereby charrrged on the Consolidated Fund:
(a) all debt charrrges for which the Government is liable; and
(b) any moneys required to satisfy any judgment٫ decision or award against the
Government by any court or tribunal.
(۲) For the purposes of this article٫ “debt charrrges” includes interest٫
sinking fund charrrges٫ repayment or amortisation of debt and all expenditure
in connection with the raising of loans on the security of the Consolidated
Fund and the service and redemption of debt createeed thereby.
[Title ۳ Auditor-General]
Article ۱۴۸f Appointment of Auditor-General
(۱) There shall be an Auditor-General who shall be appointed by the President
in accordance with the advice of the Prime Minister unless the President٫
acting in his discretion٫ does not concur with that advice.
(۲) The Prime Minister shall٫ before tendering any advice under clause (۱)٫
consult the Chairman of the Public Service Commission.
(۳) It shall be the duty of the Auditor-General to audit and report on the
accounts of all departments and offices of the Government٫ the Public Service
Commission٫ the Legal Service Commission٫ the Education Service Commission٫ the
Police and Civil Defence Services Commission٫ the Supreme Court٫ all
subordinate courts and Parliament.
(۴) The Auditor-General shall perform such other duties and exercise such other
powers in relation to the accounts of the Government and accounts of other
public authorities and other bodies administering public funds as may be
prescribed by or under any written law.
(۵) Subject to the provisions of this article٫ the Auditor-General shall hold
office until he attains the age of ۶۰ years٫ except that the President٫ acting
in his discretion٫ may٫ if he concurs with the advice of the Prime Minister٫
appoint an Auditor-General who has attained that age to further hold that
office for such fixed periods as may be agreed between the Auditor-General and
the Government.
(۶) A person who has held office as Auditor-General shall not be eligible for
any other appointment as a public officer.
(۷) The Auditor-General may at any time resign his office by writing under his
hand addressed to the President.
(۸) The Auditor-General may be removed from office by the President٫ if the
President concurs with the advice of the Prime Minister٫ but the Prime Minister
shall not tender such advice except for inability of the Auditor-General to
discharrrge 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 Supreme Court nominated for that purpose by the Chief Justice.
(۹) The tribunal constituted under clause (۸) shall regulate its own procedure
and may make rules for that purpose.
(۱۰) Parliament shall by resolution provide for the remuneration of the
Auditor-General and the remuneration so provided shall be charrrged on the
Consolidated Fund.
(۱۱) The remuneration and other terms of service of the Auditor-General shall
not be altered to his disadvantage during his continuance in office.
Article ۱۴۸g Duty to Inform President of Certain Transactions
(۱) It shall be the duty of the Auditor-General and the Accountant-General to
inform the President of any proposed transaction by the Government which to
their knowledge is likely to draw on the reserves of the Government which were
not accumulated by the Government during its current term of office.
(۲) Where pursuant to clause (۱) the President has been so informed of any such
proposed transaction٫ the President٫ acting in his discretion٫ may disapprove
the proposed transaction.
(۳) Where the President does not disapprove of any proposed transaction under
Clause (۲) even though he is of the opinion that the proposed transaction is
likely to draw on the reserves of the Government which were not accumulated by
the Government during its current term of office٫ the President shall cause his
decision and opinion to be published in the Gazette.
Article ۱۴۸h Publication of President”s Opinion Regarting Certain
Liabilities of the Government
Where the President considers that certain liabilities of the Government٫
though not requiring his approval٫ are likely to draw on the reserves of the
Government which were not accumulated by the Government during its current term
of office٫ he shall state his opinion in writing to the Prime Minister and
shall cause the opinion to be published in the Gazette.
Part XII Special Powers Against Subversion and Emergency Powers
Article ۱۴۹ Legislation Against Subversion
(۱) If an Act recites that action has been taken or threatened by any
substantial body of persons٫ whether inside or outside Singapore
(a) to cause٫ or to cause a substantial number of citizens to fear٫ organized
violence against persons or property;
(b) to excite disaffection against the President or the Government;
(c) to promote feelings of ill-will and hostility between different races or
other classes of the population likely to cause violence;
(d) to procure the alteration٫ otherwise than by lawful means٫ of anything by
law established; or
(e) which is prejudicial to the security of Singapore٫ any provision of that
law designed to stop or prevent that action or any amendment to that law or any
provision in any law enacted under clause (۳) is valid notwithstanding that it
is inconsistent with Article ۹٫ ۱۱٫ ۱۲٫ ۱۳ or ۱۴٫ or would٫ apart from this
article٫ be outside the legislative power of Parliament.
(۲) A law containing such a recital as is mentioned in clause (۱) shall٫ if not
sooner repealed٫ cease to have effect if a resolution is passed by Parliament
annulling such law٫ but without prejudice to anything previously done by virtue
thereof or to the power of Parliament to make a new law under this article.
(۳) If٫ in respect of any proceedings whether instituted before or after the
commencement of this clause٫ any question arises in any court as to the
validity of any decision made or act done in pursuance of any power conferred
upon the President or the Minister by any law referred to in this article٫ such
question shall be determined in accordance with the provisions of any law as
may be enacted by Parliament for this purpose; and nothing in Article ۲۲c
shall invalidate any law enacted pursuant to this clause.
Article ۱۵۰ Proclamation of Emergency
(۱) If the President is satisfied that a grave emergency exists whereby the
security or economic life of Singapore is threatened٫ he may issue a
Proclamation of Emergency.
(۲) If a Proclamation of Emergency is issued when Parliament is not sitting٫
the President shall summon Parliament as soon as practicable٫ and may٫ until
Parliament is sitting٫ promulgate ordinances havinggg the force of law٫ if
satisfied that immediate action is required.
(۳) A Proclamation of Emergency and any ordinance promulgated under clause (۲)
shall be presented to Parliament and٫ if not sooner revoked٫ shall cease to
have effect if a resolution is passed by Parliament annulling such Proclamation
or ordinance٫ but without prejudice to anything previously done by virtue
thereof or to the power of the President to issue a new Proclamation under
clause (۱) or promulgate any ordinance under clause (۲).
(۴) Subject to clause (۵) (b)٫ while a Proclamation of Emergency is in force٫
Parliament may٫ notwithstanding anything in this Constitution٫ make laws with
respect to any matter٫ if it appears to Parliament that the law is required by
reason of the emergency; and any provision of this Constitu- tion (except
Articles ۲۲e٫ ۲۲h٫ ۱۴۴ (۲) and ۱۴۸a) or of any written law which requires any
consent or concurrence to the passing of a law or any consultation with respect
thereto٫ or which restricts the coming into force of a law after it is passed
or the presentation of a Bill to the President for his assent٫ shall not apply
to a Bill for such a law or an amendment to such a Bill.
(۵)(a) Subject to Paragraph (b)٫ no provision of any ordinance promulgated
under this article٫ and no provision of any Act which is passed while a
Proclamation of Emergency is in force and which declares that the law appears
to Parliament to be required by reason of the emergency٫ shall be invalid on
the ground of inconsistency with any provision of this Constitution.
(b) Paragraph (a) shall not validate any provision inconsistent with
(i) Article ۵ (۲a);
(ii) the provisions of this Constitution specified in Article ۵ (۲a) conferring
discretionary powers on the President; and
(iii) the provisions of this Constitution relating to religion٫ citizenship or
language.
(۶) At the expiration of a period of ۶ months beginning with the date on which
a Proclamation of Emergency ceases to be in force٫ any ordinance promulgated in
pursuance of the Proclamation and٫ to the extent that it could not have been
validly made but for this article٫ any law made while the Proclamation was in
force٫ shall cease to have effect٫ except as to things done or omitted to be
done before the expiration of that period.
Article ۱۵۱ Restrictions on Preventive Detention
(۱) Where any law or ordinance made or promulgated in pursuance of this Part
provides for preventive detention
(a) the authority on whose order any person is detained under that law or
ordinance shall as soon as may be٫ inform him of the grounds for his detention
and٫ subject to clause (۳)٫ the allegations of fact on which the order is based
and shall give him the opportunity of making representations against the order
as soon as may be; and
(b) no citizen of Singapore shall be detained under that law or ordinance for a
period exceeding ۳ months unless an advisory board constituted as mentioned in
clause (۲) has considered any representations made by him under paragraph (a)
and made recommendations thereon to the President.
(۲) An advisory board constituted for the purposes of this article shall
consist of a chairman٫ who shall be appointed by the President and who shall be
or have been٫ or be qualified to be٫ a Judge of the Supreme Court٫ and two
other members٫ who shall be appointed by the President after consultation with
the Chief Justice.
(۳) This article does not require any authority to disclose facts the
disclosure of which would٫ in its opinion٫ be against the national interest.
(۴) Where an advisory board constituted for the purposes of this article
recommends the release of any person under any law or ordinance made or
promulgated in pursuance of this Part٫ the person shall not be detained or
further detained without the concurrence of the President if the
recommendations of the advisory board are not accepted by the authority on
whose advice or order the person is detained.
Article ۱۵۱a Defence and Security Measures
(۱) Articles ۲۲b (۷)٫ ۲۲d (۶)٫ ۱۴۸g (۲) and (۳)٫ and ۱۴۸h shall not apply to
any defence and security measure.
(۲) For the purpose of Clause (۱)٫ a defence and security measure means any
liability or proposed transaction which the
Prime Minister and the Minister responsible for defence٫ on the recommendations
of the Permanent Secretary to the Ministry of Defence and the Chief of Defence
Force٫ certify to be necessary for the defence and security of Singapore٫ and
any certificate under the hands of the Prime Minister and the Minister
responsible for defence shall be conclusive evidence of the matters specified
therein.
Part XIII General Provisions
Article ۱۵۲ Minorities and Special Position of Malays
(۱) It shall be the responsibility of the Government constantly to care for the
interests of the racial and religious minorities in Singapore.
(۲) The Government shall exercise its functions in such manner as to recognize
the special position of the Malays٫ who are the indigenous people of Singapore٫
and accordingly it shall be the responsibility of the Government to protect٫
safeguard٫ support٫ foster and promote their political٫ educational٫ religious٫
economic٫ social and cultural interests and the Malay language.
Article ۱۵۳ Muslim Religion
The Legislature shall by law make provision for regulating Muslim religious
affairs and for constituting a Council to advise the President in matters
relating to the Muslim religion.
Article ۱۵۴ Impartial Treatment of Government Employees
Subject to the provisions of this Constitution٫ all persons of whatever race in
the same grade of the service of the Government shall٫ subject to the terms and
conditions of their employment٫ be treated impartially.
Article ۱۵۴a Exemption
The President٫ acting in his discretion٫ may by order in the Gazette exempt any
transaction or class of transactions٫ from the application of Article ۱۴۴.
Article ۱۵۵ Authorized Reprints of Constitution
(۱) The Attorney-General may٫ with the authority of the President٫ as soon as
may be after ۴ May ۱۹۷۹ cause to be printed and published a consolidated
reprint of the Constitution of Singapore٫ as amended from time to time٫
amalgamated with such of the provisions of the Constitution of Malaysia as are
applicable to Singapore٫ into a single٫ composite document.
(۲) The President may٫ from time to time٫ authorize the Attorney-General to
cause to be printed and published an up-to-date reprint of the Constitution of
the Republic of Singapore٫ incorporating therein all amendments in force at the
date of such authorization.
(۳) Any reprint of the Constitution of the Republic of Singapore٫ printed and
published pursuant to clause (۱) or (۲)٫ shall be deemed to be and shall be٫
without any question whatsoever in all courts of justice and for all purposes
whatsoever٫ the authentic text of the Constitution of the Republic of Singapore
in force as from the date specified in that reprint until superseded by the
next or subsequent reprint.
(۴) In the preparation and compilation of any reprint pursuant to clause (۱) or
(۲)٫ the Attorney-General shall have٫ mutatis mutandis٫ the powers conferred
upon the Law Revision Commissioners by section ۴ of the Revised Edition of the
Laws Act in addition to the powers conferred on him by section ۳۸ of the
Interpretation Act.
(۵) In the preparation and compilation of the consolidated reprint pursuant to
clause (۱)٫ the Attorney-General shall have the power in his discretion
(a) to merge the existing provisions of both Constitutions٫
making thereto such modifications as may be necessary or expedient in
consequence of the independence of Singapore upon separation from Malaysia;
(b) to re-arrange the Parts٫ Articles and provisions of the Constitution of
Singapore and of the Constitution of Malaysia in such connected sequence as he
thinks fit٫ omitting inappropriate or inapplicable provisions٫ in the latter
Constitution;
(c) where provisions exist in both Constitutions on the same subject-matter٫ to
include in the consolidated reprint the provisions of the Constitution of
Singapore on such subject-matter and to omit the duplicated provisions
appearing in the Constitution of Malaysia from the consolidated reprint; and
(d) generally٫ to do all other things necessitated by٫ or consequential upon٫
the exercise of the powers conferred upon the Attorney-General by this article
or which may be necessary or expedient for the perfecting of the consolidated
reprint of the Constitution of the Republic of Singapore.
Article ۱۵۶ Date of Coming Into Operation of the Constitution
Subject to the provisions of Part XIV٫ this Constitution shall come into
operation immediately before ۱۶ Sep ۱۹۶۳.
Part XIV Transitional Provisions
Article ۱۵۷ Existing Standing Orders
The Standing Orders of the Legislative Assembly established by the Singapore
(Constitution) Order in Council ۱۹۵۸ which are in force immediately before the
commencement of this Constitution shall٫ subject to amendment or revocation
under Article ۵۲٫ be the Standing Orders of Parliament.
Article ۱۵۸ Public Officers to Continue in Office
Subject to the provisions of this Constitution every person who immediately
before the commencement of this Constitution holds a public office shall on its
commencement continue to hold the like office in the public service.
Article ۱۵۹ Terms of Service of Persons who Continue in Office
(۱) Except where other provision is made by this Constitution٫ any person who
holds any office as from the commencement of this Constitution by virtue of
havinggg been the holder of any office immediately before its commencement
shall٫ as from its commencement٫ be entitled to the same terms of service as
were applicable to him immediately before its commencement٫ and those terms٫ in
so far as they relate to remuneration٫ shall not be altered to his disadvantage
during his continuance in the public service thereafter.
(۲) For the purposes of this article٫ in so far as the terms of service of any
person 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 ۱۶۰ Succession to Property
(۱) Subject to this article٫ all property and assets which immediately before
the commencement of this Constitution were vested in Her Majesty for the
purposes of the State of Singapore shall on its commencement vest in the State
of Singapore.
(۲) Subject to the provisions of this Constitution٫ any land in the State of
Singapore which immediately before the commencement of this Constitution was
vested in Her Majesty shall on its commencement vest in the State of Singapore.
(۳) Any property which was immediately before the commencement of this
Constitution liable to escheat to Her Majesty in respect of the Government
shall on it
commencement be liable to escheat to the State of Singapore.
Article ۱۶۱ Rights٫ Liabilities٫ and Obligations
(۱) All rights٫ liabilities and obligations of Her MaJesty in respect of the
Government shall on and after the commencement of this Constitution be rights٫
liabilities and obligations of the State of Singapore.
(۲) In this article٫ rights٫ liabilities and obligations include rights٫
liabilities and obligations arising from contract or otherwise٫ other than
rights to which Article ۱۶۰ applies.
Article ۱۶۲ Existing Laws
Subject to this article٫ all existing laws shall continue in force on and after
the commencement of this Constitution and all laws which have not been brought
into force by the date of the commencement of this Constitution may٫ subject as
aforesaid٫ be brought into force on or after its commencement٫ but all such
laws shall٫ subject to this article٫ be construed as from the commencement of
this Constitution with such modifications٫ adaptations٫ qualifications and
exceptions as may be necessary to bring them into conformity with this
Constitution.
Article ۱۶۳ Person Holding Office of President Immediately Prior to ۱۳ Nov ۱۹۹۱
to Continue
(۱) The person holding the office of President immediately prior to ۳۰ Nov ۱۹۹۱
shall continue to hold such office for the remainder of his term of office and
shall exercise٫ perform and discharrrge all the functions powers and duties
conferred or imposed upon the office of President by this Constitution as
amended by the Constitution of the Republic of Singapore (Amendment) Act ۱۹۹۱
(referred to in this article as the Act)٫ as if he had been elected to the
office of President by the citizens of Singapore٫ except that if that person
vacates the office of President before the expiration of his term of office٫ a
poll shall be conducted for the election of a new President within ۶ months
from the date the office of President became vacant.
(۲) The Act shall not affect the appointment of any person made before ۳۰ Nov
۱۹۹۱ and that person shall continue to hold his office as if he had been
appointed in accordance with the provisions of this Constitution as amended by
the Act.
(۳) This Constitution as amended by the Act shall have effect subject to the
following modifications:
(a) the initial term of office of the Government shall be the period beginning
from ۳۰ Nov ۱۹۹۱ and ending on the date immediately before the Prime Minister
and Ministers first take and subscribe the Oath of Allegiance in accordance
with Article ۲۷ after the first general election following that date;
(b) Articles ۲۲b and ۲۲d shall apply from the first financial year of a
statutory board or Government company beginning not less than ۳ months after
that date;
(c) in relation to the first financial year of a statutory board or Government
company beginning not less than ۳ months after that date٫ any reference in
Articles ۲۲b and ۲۲d to the approved budget of the preceding financial year of
the statutory board or Government company shall٫ in the absence of such a
budget٫ be read as a reference to the budget of that preceding financial year;
and
(d) Article ۱۴۸a shall apply in respect of the first financial year of the
Government beginning on or after that date as if the resolution of Parliament
authorizing expenditure from the Development Fund for the preceding financial
year forms part of the Supply law or Final Supply law for such preceding
financial year.