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Article 93, 93A, 94, 95, 96, of the Constitution of Singapore 1963, among others, are under Part VIII of the Constitution. Part VIII is titled The Judiciary.
Article 93 Singapore Constitution 1963
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 93A Singapore Constitution 1963
Jurisdiction to determine questions as to validity of Presidential election
(1) All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Supreme Court Judge nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).
(2) The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final.
(3) The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act 1969.
Article 94 Singapore Constitution 1963
Constitution of Supreme Court
(1) The Supreme Court consists of — (a) the Court of Appeal; and (b) the High Court, which in turn consists of — (i) the Appellate Division; and (ii) the General Division.
(2) The Court of Appeal and the Divisions of the High Court have the jurisdiction and powers conferred on each of them by this Constitution and any other written law.
(3) The Court of Appeal consists of the Chief Justice and the Justices of the Court of Appeal.
(4) The Appellate Division of the High Court consists of the Chief Justice and the Judges of the Appellate Division.
(5) The General Division of the High Court consists of the Chief Justice and the Judges of the High Court.
(6) A Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court may, if required by the Chief Justice, sit in the Court of Appeal or a Division of the High Court established by clause (1) even if the Justice of the Court of Appeal, the Judge of the Appellate Division or the Judge of the High Court is not a member of the Court of Appeal or that Division of the High Court, as the case may be.
(7) A Judicial Commissioner, a Senior Judge or an International Judge may, subject to Article 95(7), (8), (9) and (10) and the terms of his appointment — (a) sit in the General Division of the High Court; and (b) if required by the Chief Justice, sit in the Appellate Division of the High Court or the Court of Appeal.
Article 95 Singapore Constitution 1963
Appointment of Supreme Court Judges, etc.
(1) The Chief Justice, the Justices of the Court of Appeal, the Judges of the Appellate Division and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.
(2) The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Supreme Court Judge or has ceased to be a Supreme Court Judge, to be the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court for a specified period.
(3) [Deleted by Act 38 of 2019]
(4) In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister — (a) appoint a person who is qualified for appointment as a Supreme Court Judge to be a Judicial Commissioner; (b) appoint a person who has ceased to be a Supreme Court Judge to be a Senior Judge; or (c) appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge.
(5) For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge may — (a) be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or (b) be appointed for a specified period.
(6) Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice.
(7) A Judicial Commissioner appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify.
(8) A Senior Judge and an International Judge appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9).
(9) The Chief Justice may — (a) from time to time, require a Senior Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and (b) from time to time and subject to clause (10), require an International Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify.
(10) The Legislature may by law limit the classes of cases that may be heard and determined by an International Judge.
(11) Anything done by a Judicial Commissioner, a Senior Judge or an International Judge when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court.
Article 96 Singapore Constitution 1963
Qualifications of Supreme Court Judges
A person is qualified for appointment as a Supreme Court Judge if the person has for an aggregate period of 10 or more years been one or more of the following: (a) a qualified person within the meaning of section 2 of the Legal Profession Act; (b) an officer in the Singapore Judicial Service; (c) an officer in the Singapore Legal Service.
Article 85, 86, 87, 88, 89, 90, 91, 92 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 85 Singapore Constitution 1963
Council’s report
In reporting the opinion of the Council under the provisions of this Part, the Council shall state — (a) either that the report is unanimous or the number of votes for and against it; and (b) in the case of an adverse report, the grounds on which the Council has reached its conclusion.
Article 86 Singapore Constitution 1963
Validity of proceedings notwithstanding vacancy in membership
Subject to Article 83(1), the Council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.
Article 87 Singapore Constitution 1963
Attendance of Minister, etc.
Any Minister, Minister of State or Parliamentary Secretary specially authorised by the Prime Minister for this purpose shall be entitled to attend and take part in the proceedings of the Council as if he were a member but shall not have the right to vote in the Council.
Article 88 Singapore Constitution 1963
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 no such rules shall have effect until they have been approved by the President.
Article 89 Singapore Constitution 1963
Annual report
(1) Once in every year it shall be the duty of the Council to compile and present to the President a report on the work of the Council during the preceding 12 months.
(2) The President shall cause such report to be presented to Parliament as soon as possible.
Article 90 Singapore Constitution 1963
Salaries and fees
(1) There shall be paid to the Chairman and the other members such salaries and fees as may be determined by the President.
(2) The salaries and fees payable under clause (1) shall be defrayed out of moneys provided by Parliament.
Article 91 Singapore Constitution 1963
Appointment of staff
The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Part.
Article 92 Singapore Constitution 1963
Power to make rules generally
The President may make rules for the conduct of business between the Council and Parliament and between the Council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this Part.
Article 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 68, 69, 70, 71, 72, 73, 74, 75of 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 68 Singapore Constitution 1963
Interpretation of this Part
In this Part, unless the context otherwise requires — “adverse report” means a report of the Council stating that, in the opinion of the Council, some specified provision of a Bill or of a subsidiary legislation would be a differentiating measure; “Chairman” means the Chairman of the Council; “Council” means the Presidential Council for Minority Rights established under Article 69; “differentiating measure” means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community; “member” means a member of the Council and includes the Chairman;
“Money Bill” means a Bill which contains only provisions dealing with all or any of the following matters: (a) the imposition, repeal, remission, alteration or regulation of taxation; (b) the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds, or the variation or repeal of any such charges; (c) the grant of money to the Government or to any authority or person, or the variation or revocation of any such grant; (d) the appropriation, receipt, custody, investment, issue or audit of accounts of public money; (e) the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; (f) subordinate matters which are ancillary or incidental to any of the foregoing matters; “sitting day” means any date on which Parliament meets.
Article 69 Singapore Constitution 1963
Establishment of Presidential Council for Minority Rights
(1) There shall be a Presidential Council for Minority Rights which shall consist of — (a) a Chairman appointed for a period of 3 years; and (b) not more than 20 members.
(1A) Up to 10 members may be permanent members appointed for life. (1B) Unless appointed for life, a member shall be appointed for a period of 3 years.
(2) The Chairman and the members shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Cabinet. (3) The Chairman and the members appointed under clause (1B) shall be eligible for reappointment.
Article 70 Singapore Constitution 1963
Temporary appointment during incapacity of member
Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.
Article 71 Singapore Constitution 1963
Qualifications of members
No person shall be qualified to be appointed as a member unless he — (a) is a citizen of Singapore; (b) is not less than 35 years of age; (c) is resident in Singapore; and (d) is not liable to any of the disqualifications provided in Article 72.
Article 72 Singapore Constitution 1963
Disqualifications of members
A person shall be disqualified for appointment as a member who — (a) is or has been found or declared to be of unsound mind; (b) is insolvent or an undischarged bankrupt; (c) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore; or (d) has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
Article 73 Singapore Constitution 1963
Termination of membership
A member shall vacate his seat in the Council — (a) if he ceases to be a citizen of Singapore; (b) if by writing under his hand addressed to the Chairman he resigns his seat; or (c) if he becomes subject to any of the disqualifications provided in Article 72.
Article 74 Singapore Constitution 1963
Determination of questions as to membership
(1) Any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a Supreme Court Judge appointed by the Chief Justice and 2 members appointed by the Council.
(2) Any tribunal constituted under clause (1) shall — (a) sit in private; (b) afford the person concerned adequate opportunity to call witnesses and be heard; and (c) report its decision to the Chairman. (3) The decision of the tribunal shall be final and shall not be open to question in any court.
Article 75 Singapore Constitution 1963
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 Supreme Court Judge the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 7 in the First Schedule.
Article 63, 64, 65, 66, 67, among others, are under Part VI of the Constitution of Singapore 1963. Part VI is titled The Legislature.
Article 63 Singapore Constitution 1963
Privileges of Parliament
It shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of Parliament.
Article 64 Singapore Constitution 1963
Sessions of Parliament
(1) There shall be a session of Parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of Parliament in any one session and the first sitting thereof in the next session.
(2) The sessions of Parliament shall be held in such places and shall commence at such times as the President may, from time to time, by Proclamation in the Gazette, appoint.
Article 64A Singapore Constitution 1963
Continuity of Parliament
(1) Clause (2) — (a) applies for a period of 6 months after the appointed date, and thereafter for a period of 6 months if — (i) Parliament resolves that it is or will be impossible, unsafe or inexpedient for Parliament to sit and meet in one place; or (ii) the Speaker presents to Parliament a notice in writing given by a majority of all Members of Parliament stating that it is or will be impossible, unsafe or inexpedient for Parliament to sit and meet in one place; but (b) ceases to apply if Parliament so resolves at any time, but without prejudice to a fresh resolution under paragraph (a)(i) or a fresh notice under paragraph (a)(ii).
(2) When this clause applies — (a) if there is only one place appointed under Article 64(2), at least one other place must be appointed; (b) arrangements (called in this Article continuity arrangements) may be made for Parliament and its committees to sit, meet and despatch business with Members of Parliament being present at 2 or more appointed places and in contemporaneous communication with one another; and (c) those arrangements may be — (i) prescribed by Standing Orders or resolution of Parliament; or (ii) subject to anything prescribed under sub‑paragraph (i), decided by the Speaker.
(3) A Member of Parliament who takes part in the proceedings of Parliament or its committees under continuity arrangements is taken to be present at those proceedings for all purposes under this Part, including for the purposes of Articles 46(2)(d), 56 and 57(1).
(4) Subject to any law enacted after the appointed date, the privileges, immunities and powers of Parliament and its committees as at the appointed date apply, with any necessary modification, to or in relation to — (a) the proceedings of Parliament or its committees under continuity arrangements; (b) any appointed place from which a Member of Parliament takes part in the proceedings of Parliament or its committees; and (c) a person appearing before or attending Parliament or its committees at any appointed place.
(5) In this Article — “appointed date” means the date on which the Constitution of the Republic of Singapore (Amendment) Act 2020 is published in the Gazette; “appointed place” means a place appointed by the President under Article 64(2).
Article 65 Singapore Constitution 1963
Prorogation and dissolution of Parliament
(1) The President may, at any time, by Proclamation in the Gazette, prorogue Parliament.
(2) If, at any time, the office of Prime Minister is vacant, the President shall, by Proclamation in the Gazette, dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members thereof.
(3) The President may, at any time, by Proclamation in the Gazette, dissolve Parliament if he is advised by the Prime Minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
(3A) The President shall not dissolve Parliament after a notice of motion proposing an inquiry into the conduct of the President has been given under Article 22L(3) unless — (a) a resolution is not passed pursuant to the notice of such motion under Article 22L(4); (b) where a resolution has been passed pursuant to the notice of such motion under Article 22L(4), the tribunal appointed under Article 22L(5) determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such motion; (c) the consequent resolution for the removal of the President is not passed under Article 22L(7); or (d) Parliament by resolution requests the President to dissolve Parliament.
(4) Parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved.
Article 66 Singapore Constitution 1963
General elections
There shall be a general election at such time, within 3 months after every dissolution of Parliament, as the President shall, by Proclamation in the Gazette, appoint.
Article 67 Singapore Constitution 1963
Remuneration of Members
The Legislature may by law make provision for the remuneration of Members of Parliament.
Article 55, 56, 57, 58, 59, 60, 61, 62, among others, are under Part VI of the Constitution of Singapore 1963. Part VI is titled The Legislature.
Article 55 Singapore Constitution 1963
Validity of proceedings of Parliament
Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the Members thereof, including any vacancy not filled when Parliament is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Parliament or otherwise took part in the proceedings.
Article 56 Singapore Constitution 1963
Quorum
If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.
Article 57 Singapore Constitution 1963
Voting
(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.
(2) If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.
Article 58 Singapore Constitution 1963
Exercise of legislative power
(1) Subject to the provisions of Part 7, the power of the Legislature to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
(2) A Bill shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Gazette or, if it is enacted either in such law or in any other law for the time being in force in Singapore that it shall come into operation on some other date, on that date.
Article 59 Singapore Constitution 1963
Introduction of Bills
(1) Subject to the provisions of this Constitution and of Standing Orders of Parliament, any Member may introduce any Bill or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament.
(2) A Bill or an amendment making provision (directly or indirectly) for — (a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax; (b) the borrowing of money, or the giving of any guarantee, by the Government, or the amendment of the law relating to the financial obligations of the Government; (c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge; (d) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or (e) the receipt of any moneys on account of the Consolidated Fund or the custody or issue of such moneys, being provision as respects which the Minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment, shall not be introduced or moved except on the recommendation of the President signified by a Minister.
(3) A Bill or an 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 licence fee or a fee or charge for any service rendered.
Article 60 Singapore Constitution 1963
Words of enactment of laws
In every Bill presented for assent, the words of enactment shall be as follows:
“Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:”.
Article 61 Singapore Constitution 1963
Oath of Allegiance
No Member of Parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this Article) until he has taken and subscribed before Parliament the Oath of Allegiance in the form set out in the First Schedule:
Provided that the election of a Speaker may take place before the Members of Parliament have taken and subscribed such Oath.
Article 62 Singapore Constitution 1963
Address by President
The President may address Parliament and may send messages thereto.
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.
(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.
(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
(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.
Article 38, 39, 39A, 40, 41, 42, 43, 44, 45, among others, are under Part VI of the Constitution of Singapore 1963. Part VI is titled The Legislature.
Article 38 Singapore Constitution 1963
Legislature of Singapore
The legislative power of Singapore shall be vested in the Legislature which shall consist of the President and Parliament.
Article 39 Singapore Constitution 1963
Parliament
(1) Parliament shall consist of — (a) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature; (b) such other Members, not exceeding 12 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 9 in number, who shall be known as nominated Members, as may be appointed by the President in accordance with the provisions of the Fourth Schedule.
(2) A nominated Member shall not vote in Parliament on any motion pertaining to — (a) a Bill to amend the Constitution; (b) a Supply Bill, Supplementary Supply Bill or Final Supply Bill; (c) a Money Bill as defined in Article 68; (d) a vote of no confidence in the Government; (e) removing the President from office under Article 22L; and (f) any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.
(3) In this Article and in Articles 39A and 47, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.
(4) If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Chapter 2 of Part 5 and of Article 46.
Article 39A Singapore Constitution 1963
Group representation constituencies
(1) The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for — (a) any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and (b) the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause (2).
(2) Any law made under clause (1) shall provide for — (a) the President to designate every group representation constituency — (i) as a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or (ii) as a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities;
(b) the establishment of — (i) a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and (ii) a committee to determine whether a person desiring to be a candidate belongs to the Indian or other minority communities, for the purpose of any election in group representation constituencies;
(c) all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group; (d) the minimum and maximum number of Members to be returned by all group representation constituencies at a general election; and (e) the number of group representation constituencies to be designated under paragraph (a)(i).
(3) No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article 12 or be considered to be a differentiating measure under Article 78.
(4) In this Article — “election” means an election for the purpose of electing a Member of Parliament; “group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency; “person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community; “person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community.
Article 40 Singapore Constitution 1963
Speaker
(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office.
(2) The Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a Member of Parliament shall not be elected as Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.
(3) Upon the Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(4) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office — (a) when Parliament first meets after a general election; (b) in the case of a Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or (c) in the case of a Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).
Article 41 Singapore Constitution 1963
Remuneration of Speaker
The Speaker shall be paid such salary as Parliament may from time to time determine, and that salary, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.
Article 42 Singapore Constitution 1963
Deputy Speaker
(1) Parliament shall from time to time elect 2 Deputy Speakers; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office.
(2) (a) A Deputy Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament: Provided that a person who is not a Member of Parliament shall not be elected as Deputy Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.
(b) Upon a Deputy Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(c) A Deputy Speaker may at any time resign his office, by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office — (i) when Parliament first meets after a general election; (ii) in the case of a Deputy Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or (iii) in the case of a Deputy Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).
(3) A Deputy Speaker shall be paid such salary or allowance as Parliament may from time to time determine, and that salary or allowance, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.
Article 43 Singapore Constitution 1963
Performance of functions of Speaker
The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.
Article 44 Singapore Constitution 1963
Qualifications for membership of Parliament
(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Singapore or appointed in accordance with the provisions of the Fourth Schedule.
(2) A person shall be qualified to be elected or appointed as a Member of Parliament if — (a) he is a citizen of Singapore; (b) he is of the age of 21 years or above on the day of nomination; (c) his name appears in a current register of electors; (d) he is resident in Singapore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date; (e) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and (f) he is not disqualified from being a Member of Parliament under Article 45.
(3) Any question whether any person possesses the qualifications mentioned in clause (2)(e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Singapore or, in so far as not so prescribed, as may be provided by order made by the President and published in the Gazette.
Article 45 Singapore Constitution 1963
Disqualifications for membership of Parliament
(1) Subject to this Article, a person shall not be qualified to be a Member of Parliament who — (a) is and has been found or declared to be of unsound mind; (b) is an undischarged bankrupt; (c) holds an office of profit; (d) having been nominated for election to Parliament or the office of President or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required; (e) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon: Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore; (f) has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or (g) is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.
(2) The disqualification of a person under clause (1)(d) or (e) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (1)(d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (1)(e) was released from custody or the date on which the fine mentioned in clause (1)(e) was imposed on such person; and a person shall not be disqualified under clause (1)(f) by reason only of anything done by him before he became a citizen of Singapore.
(3) In clause (1)(f), “foreign country” does not include any part of the Commonwealth or the Republic of Ireland.
Article 37J, 37K, 37L, 37M, among others, are under Part V(A) of the Constitution of Singapore 1963. Part V(A) is titled Council of Presidential Advisers.
Article 37J Singapore Constitution 1963
Proceedings of Council
(1) The proceedings of the Council shall be conducted in private and the Council may require any public officer or any officer of any statutory board or Government company to appear before the Council and to give such information in relation to any matter referred to the Council by the President 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 authorised to do so by the President.
(2) [Deleted by Act 28 of 2016] (2A) [Deleted by Act 28 of 2016] (2B) [Deleted by Act 28 of 2016]
(3) Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business.
Article 37K Singapore Constitution 1963
[Repealed by Act 28 of 2016]
Article 37L Singapore Constitution 1963
Fees
(1) There shall be paid to the Chairman and the other members of the Council such fees as may be determined by the President.
(2) The fees payable under clause (1) shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the Chairman and the members of the Council.
Article 37M Singapore Constitution 1963
Appointment of staff
The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions.
Article 37I, 37IA, 37IB, 37IC, 37ID, 37IE, 37IF, 37IG, among others, are under Part V(A) of the Constitution of Singapore 1963. Part V(A) is titled Council of Presidential Advisers.
Article 37I Singapore Constitution 1963
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 under this Constitution.
Article 37IA Singapore Constitution 1963
President’s general duty to consult Council
(1) The President must consult the Council before exercising any discretionary power conferred on him by this Constitution, except the discretionary powers mentioned in clause (2).
(2) The President may (but need not) consult the Council before exercising — (a) the President’s discretionary powers under Articles 22G, 22I and 151(4); (b) the President’s discretionary powers under this Part; or (c) the following discretionary powers: (i) the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List; (ii) appointing the Prime Minister in accordance with Article 25(1); (iii) declaring under Article 26(1)(b) that the office of Prime Minister is vacant; (iv) authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)(c); (v) dissolving Parliament under Article 26(1)(b) or 65(2) or (3); (vi) granting leave of absence to the Chief Justice under Article 98(10).
Article 37IB Singapore Constitution 1963
President to immediately refer to Council certain cases concerning veto powers
Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation — (a) any case where the President’s assent, concurrence or approval is sought and which the President is required to consult the Council under Article 37IA(1); and (b) any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1).
Article 37IC Singapore Constitution 1963
Referred cases — time limit for Council to make recommendation
(1) Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB — (a) if the President is required by Article 21A(2)(a) to signify his decision in the case within 30 days, within 15 days after the case is referred to the Council; and (b) if the President is required by Article 21A(2)(b) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the Council.
(2) If the Prime Minister issues a certificate of urgency to the President under Article 21A(3)(a) for any case referred to the Council under Article 37IB — (a) the President must immediately inform the Council of the certificate; and (b) the Council must give its recommendation to the President by whichever of the following time limits ends earlier: (i) the time limit in clause (1), including any extension under clause (3); (ii) at least 5 days before the date on which the President is required by the certificate to signify his decision.
(3) The President may, acting in his discretion, extend the time limit in clause (1) for any case referred to the Council under Article 37IB, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the Council to give its recommendation less than 5 days before the date on which the President is required to signify his decision under Article 21A.
(4) If in any case the Council fails to give its recommendation within the time limit in this Article, the Council is deemed to have recommended that the President — (a) give the assent, concurrence or approval that was sought; or (b) not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be.
Article 37ID Singapore Constitution 1963
Referred cases — matters to be stated in Council’s recommendation, etc.
In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state — (a) whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and (b) the grounds for the Council’s recommendation.
Article 37IE Singapore Constitution 1963
Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
(1) This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to — (a) refuse to give the assent, concurrence or approval that was sought; or (b) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2).
(2) If this Article applies — (a) the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister; (b) in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill — (i) the President must publish in the Gazette the grounds certified under paragraph (a); and (ii) the President must send the recommendation of the Council in relation to the Bill to the Speaker, who must present the recommendation to Parliament; and
(c) in a case where the President disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the Fifth Schedule, the President must send the grounds certified under paragraph (a) and the recommendation of the Council to — (i) in the case of a statutory board, the chairman of the statutory board; and (ii) in the case of a Government company, the chairman of the board of directors of the company.
Article 37IF Singapore Constitution 1963
Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
(1) Parliament may, by resolution, overrule the President, if — (a) in a case referred to the Council under Article 37IB, the President acts in his discretion to — (i) refuse to give the assent, concurrence or approval that was sought; or (ii) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and (b) the President’s decision was made contrary to the Council’s recommendation.
(2) A resolution under clause (1) — (a) may only be passed on a motion for which notice has been given by a Minister; (b) except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government — (i) causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)(a), to be published in the Gazette; and (ii) sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and (c) must be passed by no less than two‑thirds of the total number of Members of Parliament (excluding nominated Members).
(3) Despite clause (1) — (a) a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and (b) a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule, cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision.
(4) If Parliament overrules the President under clause (1), the President is deemed — (a) to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or (b) never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be.
(5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C and 22H.
Article 37IG Singapore Constitution 1963
Quorum and voting
(1) The Council must not transact any business unless a quorum of 5 members, including the Chairman or the member appointed under Article 37B(5)(a) to act as the Chairman, is present.
(2) Any recommendation or decision of the Council must be made by a majority of members present and voting.
(3) If on any question before the Council the members are equally divided, the Chairman has a casting vote in addition to his original vote.
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