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Article 76-84 Constitution of Singapore 1963

Table of Contents

Article 76, 77, 78, 79, 80, 81, 82, 83, 84 of the Constitution of Singapore 1963, among others, are under Part VII of the Constitution. Part VII is titled The Presidential Council for Minority Rights.

Article 76 Singapore Constitution 1963

General function of Council

(1) It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government.

(2) A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister.

Article 77 Singapore Constitution 1963

Functions of Council in respect of Bills and subsidiary legislation

It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is, in the opinion of the Council, a differentiating measure.

Article 78 Singapore Constitution 1963

Copies of Bills and amendments thereto to be sent to Council

(1) Immediately after any Bill to which this Article applies has been given a final reading and passed by Parliament and before it is presented to the President for assent, the Speaker shall cause an authenticated copy of the Bill to be sent to the Council.

(2) The Council shall consider the Bill and shall, within 30 days of the date on which the Bill was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Bill would, if enacted, be a differentiating measure.

(3) Whenever after the receipt of an adverse report from the Council, the Bill to which it relates is amended by Parliament, the Speaker shall cause the Bill in its amended form to be sent again to the Council.

(4) On the application of the Chairman, the Speaker may extend, as he thinks fit, the period of 30 days prescribed by clause (2), where he considers it proper to do so on account of the length or complexity of any Bill or the number of matters for the time being under consideration by the Council or for any sufficient reason.

(5) The Speaker shall cause every report received by him from the Council in pursuance of clause (2) to be presented to Parliament without undue delay. Where the Speaker receives no such report on the Bill within the time provided in clause (2), or any extension thereof granted under clause (4), it shall be conclusively presumed that the Council is of the opinion that no provision of the Bill would, if enacted, be a differentiating measure.

(6) No Bill to which this Article applies shall be presented to the President for assent unless it is accompanied by a certificate under the hand of the Speaker stating that —
(a) in the opinion of the Council no provision of the Bill would, if enacted, be a differentiating measure;
(b) no report having been received from the Council within the time prescribed or any extension thereof, the Council is presumed to be of the opinion that no provision of the Bill would, if enacted, be a differentiating measure; or
(c) notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure, a motion for the presentation of the Bill to the President for assent has been passed by not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).

(7) This Article shall not apply to —
(a) a Money Bill;
(b) a Bill certified by the Prime Minister as being one which affects the defence or the security of Singapore or which relates to public safety, peace or good order in Singapore; or
(c) a Bill certified by the Prime Minister to be so urgent that it is not in the public interest to delay its enactment.

(8) A Bill shall be deemed to be a Money Bill if the Speaker certifies in writing that, in his opinion, it is a Bill to which the definition of “Money Bill” contained in Article 68 applies. No Money Bill shall be presented to the President for assent, unless it is accompanied by the Speaker’s certificate which shall be conclusive for all purposes and shall not be open to question in any court.

Article 79 Singapore Constitution 1963

Functions of Council in regard to Bills enacted on a certificate of urgency

(1) Where the President assents to a Bill which has been certified as urgent by the Prime Minister under Article 78(7), it shall nevertheless be the duty of the Speaker to cause an authenticated copy of the Act to be sent as soon as may be to the Council.

(2) The Council shall thereupon consider the Act and shall, within 30 days of the date on which the Act was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Act is a differentiating measure.

(3) The Speaker shall cause any such report to be presented to Parliament as soon as possible.

Article 80 Singapore Constitution 1963

Functions of Council in regard to subsidiary legislation

(1) An authenticated copy of every piece of subsidiary legislation shall be sent to the Council by the appropriate Minister within 14 days of the publication of such subsidiary legislation.

(2) The Council shall thereupon consider such subsidiary legislation and shall, within 30 days of the date on which the subsidiary legislation was sent to the Council, make a report to the Speaker and to the appropriate Minister, stating whether or not in the opinion of the Council any and, if so, which provision of the subsidiary legislation is a differentiating measure.

(3) The Speaker shall cause every report of the Council on every piece of subsidiary legislation to be presented to Parliament on the next sitting day after receiving the Council’s report.

(4) Where an adverse report in respect of any provision of any subsidiary legislation is presented to Parliament in pursuance of clause (3), then, within 6 months after the presentation of that report, unless either —
(a) the provision has been revoked or amended by the appropriate Minister; or
(b) Parliament has passed a resolution confirming that provision,
the appropriate Minister shall revoke such provision and cause a notice of revocation to be published in the Gazette.

(5) If no report on any subsidiary legislation is received from the Council within the time provided in clause (2), it shall be conclusively presumed that the Council is of the opinion that no provision in such subsidiary legislation is a differentiating measure.

Article 81 Singapore Constitution 1963

Functions of Council in regard to certain written law

(1) The Council may examine any written law in force on 9 January 1970 and may make a report in regard to any provision in such written law which, in the opinion of the Council, is a differentiating measure.

(2) The Council shall send such report to the Speaker and the Speaker shall cause such report to be presented to Parliament as soon as possible.

(3) In the case of a report on any subsidiary legislation, the Council shall also cause a copy of the report to be sent to the appropriate Minister.

Article 82 Singapore Constitution 1963

Duties of Chairman

(1) The Council shall meet on the summons of the Chairman.

(2) The Chairman, if present, shall preside at all meetings of the Council.

(3) Whenever the office of Chairman is vacant or the Chairman for any reason is unable to attend, some other member shall be elected by the Council to act as Chairman.

Article 83 Singapore Constitution 1963

Quorum and voting

(1) The Council shall not transact any business unless a quorum of 8 members, including the Chairman or member presiding, is present.

(2) Any decision of the Council shall be made by a majority of the votes of the members present and voting.

(3) The Chairman or member presiding shall have an original vote but not a casting vote.

(4) If upon any question before the Council the votes of the members are equally divided, the motion shall be deemed to be lost.

Article 84 Singapore Constitution 1963

Proceedings of Council to be in private

The proceedings of the Council shall be conducted in private and the Council shall not be entitled to hear objectors or examine witnesses in regard to any Bill or law which is being considered by the Council in pursuance of the provisions of this Part.

Article 85-92 Singapore Constitution 1963

Article 76-84 Singapore Constitution 1963