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Home » Singapore » Singapore Constitution 1963 » Article 46-54 Singapore Constitution 1963

Article 46-54 Singapore Constitution 1963

Article 46-54 Constitution of Singapore 1963

Article 46, 47, 48, 49, 50, 51, 52, 53, 54, among others, are under Part VI of the Constitution of Singapore 1963. Part VI is titled The Legislature.

Article 46 Singapore Constitution 1963

Tenure of office of Members

(1) Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.

(2) The seat of a Member of Parliament shall become vacant —
(a) if he ceases to be a citizen of Singapore;
(b) if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;
(c) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
(d) if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
(e) if he becomes subject to any of the disqualifications specified in Article 45;
(f) if he is expelled from Parliament in the exercise of its power of expulsion; or
(g) if being a nominated Member, his term of service as such a Member expires.

See also  Article 157-166 Singapore Constitution 1963

(2A) A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.

(2B) A nominated Member of Parliament shall vacate his seat as such a Member —
(a) if he stands as a candidate for any political party in an election; or
(b) if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.

(3) Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time.

(4) If any Member of Parliament becomes subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) because he is —
(a) adjudged or otherwise declared a bankrupt;
(b) adjudged or otherwise declared to be of unsound mind;
(c) convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000; or
(d) convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament, and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

(5) A Member of Parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g).

(6) Notwithstanding clause (5), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article 45(1)(a) or (b) and —
(a) no further appeal is open to him; or
(b) by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open for the Member to appeal,
the Member shall then immediately vacate his seat even if the period of 180 days has not lapsed.

See also  Article 3-5 Singapore Constitution 1963

(7) Where, at any time before the end of the period of 180 days referred to in clause (4), the Member of Parliament ceases to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified.

(8) For the avoidance of doubt, clauses (4) to (7) —
(a) shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and
(b) shall not operate to extend the term of service of a nominated Member beyond the period prescribed in the Fourth Schedule.

Article 47 Singapore Constitution 1963

Provision against double membership

A person shall not be at the same time a Member of Parliament for more than one constituency.

Article 48 Singapore Constitution 1963

Decision on questions as to disqualification

Any question whether —
(a) any Member of Parliament has vacated his seat therein; or
(b) in the case of any person who has been elected as Speaker or Deputy Speaker from among persons who are not Members of Parliament, any circumstance has arisen that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e),
shall be determined by Parliament whose decision shall be final:

Provided that this Article shall not be taken to prevent the practice of Parliament postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Article 49 Singapore Constitution 1963

Filling of vacancies

(1) Whenever the seat of a Member, not being a non‑constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.

(2) The Legislature may by law provide for —
(a) the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article 46;
(b) the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.

Article 50 Singapore Constitution 1963

Penalty for unqualified persons sitting or voting in Parliament

See also  Article 37I-37IG Singapore Constitution 1963

(1) Any person who sits or votes in Parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes.

(2) The said penalty shall be recoverable by action in the General Division of the High Court at the suit of the Attorney-General.

Article 51 Singapore Constitution 1963

Staff of Parliament

(1) The staff of Parliament shall consist of a Clerk of Parliament and such other officers as may from time to time be appointed under Part 9 to assist him.

(2) The Clerk of Parliament shall be appointed by the President after consultation with the Speaker and the Public Service Commission.

(3) The Clerk of Parliament may at any time resign his office by writing under his hand addressed to the Speaker and, subject to clause (4), may be removed from office by the President after consultation with the Speaker.

(4) The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two-thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5) The staff of Parliament shall not be eligible for promotion or transfer to any other office in the public service without the consent of the Speaker.

(6) Subject to Article 159, the terms of service of the staff of Parliament may be determined by Parliament after receiving the advice of a Commission consisting of the following persons, that is to say:
(a) the Speaker, as Chairman;
(b) not more than 3 Ministers nominated by the Prime Minister, of whom one shall be the Minister responsible for finance; and
(c) a member of the Public Service Commission.

Article 52 Singapore Constitution 1963

Standing Orders

Subject to the provisions of this Constitution, Parliament may, from time to time, make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business.

Article 53 Singapore Constitution 1963

Use of languages in Parliament

Until the Legislature otherwise provides, all debates and discussions in Parliament shall be conducted in Malay, English, Mandarin or Tamil.

Article 54 Singapore Constitution 1963

Presiding in Parliament

The Speaker shall preside at each sitting of Parliament.

See also:

Article 38-45 Singapore Constitution 1963

Article 55-62 Singapore Constitution 1963

Article 63-67 Singapore Constitution 1963

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