Singapore Constitution 1963

The 1963 Constitution of Singapore is the supreme law of the Country. According to Section 1 of the Constitution, it may be cited as the Constitution of the Federal Republic of Singapore. The Constitution consists of 14 parts, 166 articles and 5 schedules.

Part 1 – Preliminary

Article 1 Singapore Constitution – Citation

Article 2 Singapore Constitution – Interpretation

Part 2 – The Republic and the Constitution

Article 3 Singapore Constitution – Republic of Singapore

Article 4 Singapore Constitution – Supremacy of Constitution

Article 5 Singapore Constitution – Amendment of Constitution

Part 3 – Protection of the Sovereignty of the Republic of Singapore

Article 6 Singapore Constitution – No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum

Article 7 Singapore Constitution – Participation in co-operative international schemes which are beneficial to Singapore

Article 8 Singapore Constitution – No amendment to this Part except by referendum

Part 4 – Fundamental Liberties

Article 9 Singapore Constitution – Liberty of the person

Article 10 Singapore Constitution – Slavery and forced labour prohibited

Article 11 Singapore Constitution – Protection against retrospective criminal laws and repeated trials

Article 12 Singapore Constitution – Equal protection

Article 13 Singapore Constitution – Prohibition of banishment and freedom of movement

Article 14 Singapore Constitution – Freedom of speech, assembly and association

Article 15 Singapore Constitution – Freedom of religion

Article 16 Singapore Constitution – Rights in respect of education

Part 5 – The Government

Chapter 1 – The President

Article 17 Singapore Constitution – The President

Article 17A Singapore Constitution – Election of President

Article 18 Singapore Constitution – Presidential Elections Committee

Article 19 Singapore Constitution – Qualifications of President

Article 19A Singapore Constitution – Disabilities of President

Article 19B Singapore Constitution – Reserved election for community that has not held office of President for 5 or more consecutive terms

Article 20 Singapore Constitution – Term of office

Article 21 Singapore Constitution – Discharge and performance of functions of President

Article 21A Singapore Constitution – General time limit for President to exercise discretionary powers

Article 22 Singapore Constitution – Appointment of public officers, etc.

Article 22A Singapore Constitution – Appointment of members of statutory boards

Article 22B Singapore Constitution – Budgets of statutory boards

Article 22C Singapore Constitution – Appointment of directors of Government companies

Article 22D Singapore Constitution – Budgets of Government companies

Article 22E Singapore Constitution – Moneys of the Central Provident Fund

Article 22F Singapore Constitution – President’s access to information

Article 22G Singapore Constitution – Concurrence of President for certain investigations

Article 22H Singapore Constitution – President may withhold assent to certain Bills

Article 22I Singapore Constitution – Restraining order under Maintenance of Religious Harmony Act 1990

Article 22J Singapore Constitution – Civil List and personal staff of President

Article 22K Singapore Constitution – Immunity of President from suit

Article 22L Singapore Constitution – Vacation of and removal from office of President

Article 22M Singapore Constitution – Determination by Election Judge that President was not duly elected or election of President was void

Article 22N Singapore Constitution – Persons to exercise functions of President when office is vacant

Article 22O Singapore Constitution – Temporary disability of President

Article 22P Singapore Constitution – Grant of pardon, etc.

Chapter 2 – The Executive

Article 23 Singapore Constitution – Executive authority of Singapore

Article 24 Singapore Constitution – Cabinet

Article 25 Singapore Constitution – Appointment of Prime Minister and Ministers

Article 26 Singapore Constitution – Tenure of office of Prime Minister and Ministers

Article 27 Singapore Constitution – Oath

Article 28 Singapore Constitution – Summoning of and presiding in Cabinet

Article 29 Singapore Constitution – Validity of proceedings in Cabinet

Article 30 Singapore Constitution – Assignment of responsibility to Ministers

Article 31 Singapore Constitution – Parliamentary Secretaries

Article 32 Singapore Constitution – Leave of absence for Ministers and Parliamentary Secretaries

Article 33 Singapore Constitution – Disabilities of Ministers and Parliamentary Secretaries

Article 34 Singapore Constitution – Permanent Secretaries

Article 35 Singapore Constitution – Attorney-General

Article 35A Singapore Constitution – Deputy Attorneys-General

Article 36 Singapore Constitution – Secretary to Cabinet

Chapter 3 – Capacity as regards Property, Contracts and Suits

Article 37 Singapore Constitution – Capacity of Government as regards property, contracts and suits

Part 5A – Council of Presidential Advisers

Article 37A Singapore Constitution – Interpretation of this Part

Article 37B Singapore Constitution – Council of Presidential Advisers

Article 37C Singapore Constitution – Alternate members

Article 37D Singapore Constitution – Qualifications of members and considerations in appointing members

Article 37E Singapore Constitution – Disqualifications of members

Article 37F Singapore Constitution – Termination of membership

Article 37G Singapore Constitution – Determination of questions as to membership

Article 37H Singapore Constitution – Oaths of Allegiance and Secrecy

Article 37I Singapore Constitution – Function of Council

Article 37IA Singapore Constitution – President’s general duty to consult Council

Article 37IB Singapore Constitution – President to immediately refer to Council certain cases concerning veto powers

Article 37IC Singapore Constitution – Referred cases — time limit for Council to make recommendation

Article 37ID Singapore Constitution – Referred cases — matters to be stated in Council’s recommendation, etc.

Article 37IE Singapore Constitution – Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.

Article 37IF Singapore Constitution – Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation

Article 37IG Singapore Constitution – Quorum and voting

Article 37J Singapore Constitution – Proceedings of Council

Article 37K Singapore Constitution – [Repealed by Act 28 of 2016]

Article 37L Singapore Constitution – Fees

Article 37M Singapore Constitution – Appointment of staff

Part 6 – The Legislature

Article 38 Singapore Constitution – Legislature of Singapore

Article 39 Singapore Constitution – Parliament

Article 39A Singapore Constitution – Group representation constituencies

Article 40 Singapore Constitution – Speaker

Article 41 Singapore Constitution – Remuneration of Speaker

Article 42 Singapore Constitution – Deputy Speaker

Article 43 Singapore Constitution – Performance of functions of Speaker

Article 44 Singapore Constitution – Qualifications for membership of Parliament

Article 45 Singapore Constitution – Disqualifications for membership of Parliament

Article 46 Singapore Constitution – Tenure of office of Members

Article 47 Singapore Constitution – Provision against double membership

Article 48 Singapore Constitution – Decision on questions as to disqualification

Article 49 Singapore Constitution – Filling of vacancies

Article 50 Singapore Constitution – Penalty for unqualified persons sitting or voting in Parliament

Article 51 Singapore Constitution – Staff of Parliament

Article 52 Singapore Constitution – Standing Orders

Article 53 Singapore Constitution – Use of languages in Parliament

Article 54 Singapore Constitution – Presiding in Parliament

Article 55 Singapore Constitution – Validity of proceedings of Parliament

Article 56 Singapore Constitution – Quorum

Article 57 Singapore Constitution – Voting

Article 58 Singapore Constitution – Exercise of legislative power

Article 59 Singapore Constitution – Introduction of Bills

Article 60 Singapore Constitution – Words of enactment of laws

Article 61 Singapore Constitution – Oath of Allegiance

Article 62 Singapore Constitution – Address by President

Article 63 Singapore Constitution – Address by President

Article 64 Singapore Constitution – Sessions of Parliament

Article 64A Singapore Constitution – Continuity of Parliament

Article 65 Singapore Constitution – Prorogation and dissolution of Parliament

Article 66 Singapore Constitution – General elections

Article 67 Singapore Constitution – Remuneration of Members

Part 7 – The Presidential Council For Minority Rights

Article 68 Singapore Constitution – Interpretation of this Part

Article 69 Singapore Constitution – Establishment of Presidential Council for Minority Rights

Article 70 Singapore Constitution – Temporary appointment during incapacity of member

Article 71 Singapore Constitution – Qualifications of members

Article 72 Singapore Constitution – Disqualifications of members

Article 73 Singapore Constitution – Termination of membership

Article 74 Singapore Constitution – Determination of questions as to membership

Article 75 Singapore Constitution – Oaths of Allegiance and Secrecy

Article 76 Singapore Constitution – General function of Council

Article 77 Singapore Constitution – Functions of Council in respect of Bills and subsidiary legislation

Article 78 Singapore Constitution – Copies of Bills and amendments thereto to be sent to Council

Article 79 Singapore Constitution – Functions of Council in regard to Bills enacted on a certificate of urgency

Article 80 Singapore Constitution – Functions of Council in regard to subsidiary legislation

Article 81 Singapore Constitution – Functions of Council in regard to certain written law

Article 82 Singapore Constitution – Duties of Chairman

Article 83 Singapore Constitution – Quorum and voting

Article 84 Singapore Constitution – Proceedings of Council to be in private

Article 85 Singapore Constitution – Council’s report

Article 86 Singapore Constitution – Validity of proceedings notwithstanding vacancy in membership

Article 87 Singapore Constitution – Attendance of Minister, etc.

Article 88 Singapore Constitution – Power of Council to make rules regulating procedure

Article 89 Singapore Constitution – Annual report

Article 90 Singapore Constitution – Salaries and fees

Article 91 Singapore Constitution – Appointment of staff

Article 92 Singapore Constitution – Power to make rules generally

Part 8 – The Judiciary

Article 93 Singapore Constitution – Judicial power of Singapore

Article 93A Singapore Constitution – Jurisdiction to determine questions as to validity of Presidential election

Article 94 Singapore Constitution – Constitution of Supreme Court

Article 95 Singapore Constitution – Appointment of Supreme Court Judges, etc.

Article 96 Singapore Constitution – Qualifications of Supreme Court Judges

Article 97 Singapore Constitution – Oath of Office of Supreme Court Judges, etc.

Article 98 Singapore Constitution – Tenure of office and remuneration of Supreme Court Judges, etc.

Article 99 Singapore Constitution – Restriction on Parliamentary discussion of conduct of person holding high judicial office

Article 100 Singapore Constitution – Advisory opinion

Article 101 Singapore Constitution – [Repealed by Act 38 of 2019]

Part 9 – The Public Service

Chapter 1 – General Provisions

Article 102 Singapore Constitution – Public services

Article 103 Singapore Constitution – Interpretation of this Part

Article 104 Singapore Constitution – Provisions about public service

Chapter 2 – The Public Service Commission

Article 105 Singapore Constitution – Public Service Commission

Article 106 Singapore Constitution – Disqualification for appointment to Commission

Article 107 Singapore Constitution – Tenure of office

Article 108 Singapore Constitution – Terms of service of Chairman and members of Commission

Article 109 Singapore Constitution – Secretary to Commission

Article 110 Singapore Constitution – Functions

Article 110A Singapore Constitution –  [Repealed by Act 11 of 1998]

Article 110B Singapore Constitution – [Repealed by Act 11 of 1998]

Article 110C Singapore Constitution – [Repealed by Act 11 of 1998]

Article 110D Singapore Constitution – Personnel boards

Article 111 Singapore Constitution – [Repealed by Act 32 of 2021 wef 14/01/2022]

Article 111AA Singapore Constitution – [Repealed by Act 32 of 2021 wef 14/01/2022]

Article 111A Singapore Constitution – Promotion to significant grade

Chapter 3 – The Judicial Service Commission

Article 111B Singapore Constitution – Judicial Service Commission

Article 111C Singapore Constitution – Disqualification for appointment to Commission

Article 111D Singapore Constitution – Tenure of office of appointed members

Article 111E Singapore Constitution – Terms of service of appointed members, etc.

Article 111F Singapore Constitution – Functions

Article 111G Singapore Constitution – Procedure

Article 111H Singapore Constitution – Secretary to Commission

Article 111I Singapore Constitution – Personnel boards

Chapter 4 – The Legal Service Commission

Article 111J Singapore Constitution – Legal Service Commission

Article 111K Singapore Constitution – Disqualification for appointment to Commission

Article 111L Singapore Constitution – Tenure of office of appointed members

Article 111M Singapore Constitution – Terms of service of appointed members, etc.

Article 111N Singapore Constitution – Functions

Article 111O Singapore Constitution – Procedure

Article 111P Singapore Constitution – Secretary to Commission

Article 111Q Singapore Constitution – Personnel boards

Chapter 5 – Supplementary Provision

Article 112 Singapore Constitution – Protection of pension rights

Article 113 Singapore Constitution – Power of Commissions in relation to pensions, etc.

Article 114 Singapore Constitution – Pensions, etc., to be charged on Pension Fund or Consolidated Fund

Article 115 Singapore Constitution – Pension rights on transfer

Article 116 Singapore Constitution – Regulations regarding public service

Article 117 Singapore Constitution – [Omitted (as the Article has had its effect).]

Article 118 Singapore Constitution – Performance by Public Service Commission of other functions

Article 119 Singapore Constitution – Annual reports

Part 10 – Citizenship

Article 120 Singapore Constitution – Status of citizen of Singapore

Article 121 Singapore Constitution – Citizenship by birth

Article 122 Singapore Constitution – Citizenship by descent

Article 123 Singapore Constitution – Citizenship by registration

Article 124 Singapore Constitution – Registration of minors

Article 125 Singapore Constitution – Effect of registration

Article 126 Singapore Constitution – General provisions as to registration

Article 127 Singapore Constitution – Citizenship by naturalisation

Article 128 Singapore Constitution – Renunciation of citizenship

Article 129 Singapore Constitution – Deprivation of citizenship

Article 130 Singapore Constitution – Deprivation of citizenship of child of person losing citizenship

Article 131 Singapore Constitution – General provisions as to loss of citizenship

Article 132 Singapore Constitution – Cancellation of enrolment as citizen

Article 133 Singapore Constitution – Procedure for deprivation

Article 134 Singapore Constitution – Deprivation of citizenship on acquisition of foreign citizenship

Article 135 Singapore Constitution – Deprivation of citizenship on exercise of rights of foreign nationals, etc.

Article 136 Singapore Constitution – Termination of citizenship of Malaysia

Article 137 Singapore Constitution – Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship

Article 138 Singapore Constitution – Grant of certificate of citizenship in cases of doubt

Article 139 Singapore Constitution – Commonwealth citizenship

Article 140 Singapore Constitution – Application of Third Schedule

Article 141 Singapore Constitution – Repeal

Part 11 – Financial Provisions

Article 142 Singapore Constitution – Interpretation of this Part

Article 143 Singapore Constitution – No taxation unless authorised by law

Article 144 Singapore Constitution – Restriction on loans, guarantees, etc.

Article 145 Singapore Constitution – Consolidated Fund

Article 146 Singapore Constitution – Withdrawal from Consolidated Fund, etc.

Article 147 Singapore Constitution – Annual estimates and financial statements

Article 148 Singapore Constitution – Authorisation of expenditure from Consolidated Fund and Development Fund

Article 148A Singapore Constitution – Withholding of assent to Supply Bill, etc.

Article 148B Singapore Constitution – Power to authorise expenditure on account, etc., or for unspecified purposes

Article 148C Singapore Constitution – Contingencies Funds

Article 148D Singapore Constitution –  [Repealed by Act 28 of 2016]

Article 148E Singapore Constitution – Debt charges and moneys required to satisfy judgments

Article 148F Singapore Constitution – Appointment of Auditor-General

Article 148G Singapore Constitution – Duty to inform President of certain transactions

Article 148H Singapore Constitution – Publication of President’s opinion regarding certain liabilities of the Government

Article 148I Singapore Constitution – Transfer of Government’s past reserves

Part 12 – Special Powers Against Subversion and Emergency Powers

Article 149 Singapore Constitution – Legislation against subversion

Article 150 Singapore Constitution – Proclamation of Emergency

Article 151 Singapore Constitution – Restrictions on preventive detention

Article 151A Singapore Constitution – Defence and security measures

Part 13 – General Provisions

Article 152 Singapore Constitution – Minorities and special position of Malays

Article 153 Singapore Constitution – Muslim religion

Article 153A Singapore Constitution – Official languages and national language

Article 154 Singapore Constitution – Impartial treatment of Government employees

Article 154A Singapore Constitution – Exemption

Article 155 Singapore Constitution – Authorised reprints of Constitution

Article 156 Singapore Constitution – [Omitted in 1999 Reprint]

Part 14 – Transitional Powers

Article 157 Singapore Constitution – Existing Standing Orders

Article 158 Singapore Constitution – Public officers to continue in office

Article 159 Singapore Constitution – Terms of service of persons who continue in office

Article 160 Singapore Constitution – Succession to property

Article 161 Singapore Constitution – [Omitted in 1999 Reprint]

Article 162 Singapore Constitution – Existing laws

Article 163 Singapore Constitution – Person holding office of President immediately prior to 30 November 1991 to continue to hold such office

Article 164 Singapore Constitution – Transitional provisions for Article 19B

Article 165 Singapore Constitution – Transitional provisions for Council of Presidential Advisers

Article 166 Singapore Constitution – Transitional provision for persons who hold or have held office as Judge of Appeal immediately before date of commencement of Constitution of the Republic of Singapore (Amendment) Act 2019

Schedules

First Schedule Singapore Constitution 1963 – Forms of Oaths

Second Schedule Singapore Constitution 1963 – Oath of Renunciation, Allegiance and Loyalty

Third Schedule Singapore Constitution 1963 – Citizenship

Fourth Schedule Singapore Constitution 1963 – Appointment of Nominated Members of Parliament

Fifth Schedule Singapore Constitution 1963 – Key Statutory Boards and Government Companies

5th Schedule to the Constitution of Singapore 1963

(Articles 19(3), 22A, 22B, 22C, 22D, 37IE, 37IF and 148I)
KEY STATUTORY BOARDS AND GOVERNMENT COMPANIES

PART 1

1. [Deleted by Act 24 of 2002]
2. Central Provident Fund Board.
3. Housing and Development Board.
4. Jurong Town Corporation.
5. Monetary Authority of Singapore.

PART 2

1. GIC Private Limited.
2. [Deleted by Act 28 of 2016]
3. Temasek Holdings (Private) Limited.

4th Schedule to the Constitution of Singapore 1963

(Articles 39(1)(c), 44(1) and 46(8)(b))
APPOINTMENT OF NOMINATED MEMBERS OF PARLIAMENT

1.—(1) [Deleted by Act 9 of 2010]
(2) Subject to the provisions of this Constitution, the President shall, within 6 months after Parliament first sits after any General Election, appoint as nominated Members of Parliament the persons nominated by a Special Select Committee of Parliament.
(3) The Special Select Committee of Parliament shall consist of the Speaker as Chairman and 7 Members of Parliament to be nominated by the Committee of Selection of Parliament.
(4) Subject to Article 46, every person appointed as a nominated Member of Parliament shall serve for a term of 2 1/2 years commencing on the date of his appointment.
(5) The President shall, if advised by the Special Select Committee of Parliament, extend the term of service of every nominated Member of Parliament appointed before the date of commencement of section 4(a) of the Constitution of the Republic of Singapore (Amendment) Act 2002 for a further period of 6 months so that the total period of any such nominated Member’s term of service shall be 2 1/2 years commencing from the date of his original appointment as such.

2.—(1) In preparing the list of persons to be appointed as nominated Members of Parliament by the President, the Special Select Committee shall invite the general public to submit names of persons who may be considered for nomination by the Committee.
(2) Every name submitted under subsection (1) shall be made in such form as the Special Select Committee may determine, and shall be signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons, all of whose names shall appear in any current register of electors.
(3) Before making any nomination for the appointment of nominated Members of Parliament, the Special Select Committee shall, wherever possible, consult other Members of Parliament in such manner as it thinks fit.

3.—(1) The Special Select Committee shall, from the names of persons submitted to the Committee under section 2, nominate not more than 9 persons for appointment by the President as nominated Members of Parliament.
(2) The persons to be nominated shall be persons who have rendered distinguished public service, or who have brought honour to the Republic, or who have distinguished themselves in the field of arts and letters, culture, the sciences, business, industry, the professions, social or community service or the labour movement; and in making any nomination, the Special Select Committee shall have regard to the need for nominated Members to reflect as wide a range of independent and non-partisan views as possible.

4.—(1) Whenever the seat of a nominated Member has become vacant by reason of the expiry of his term of service, the vacancy shall, as soon as practicable, be filled by the President by making an appointment on the nomination of the Special Select Committee referred to in section 1.
(2) Whenever the seat of a nominated Member has become vacant for any reason other than a dissolution of Parliament or the expiry of his term of service, the Special Select Committee may, if it thinks fit, nominate a person for the President to appoint as a nominated Member to fill the vacancy.

5.  As soon as practicable after 10 September 1990, the President shall on the nomination of the Special Select Committee appoint not more than 6 persons as nominated Members of Parliament.

6. Where under section 3 the Special Select Committee has nominated less than 9 persons for appointment by the President as nominated Members, the Committee may, if it thinks fit, from time to time nominate one or more persons for the President to appoint as nominated Members but the number of persons so nominated together with the number of persons already nominated under section 3 shall not exceed 9.

7. Sections 2 and 3(2) shall apply to any nomination made by the Special Select Committee under section 4, 5 or 6; and for the purpose of section 4(1) the Committee may invite the general public to submit names of persons who may be considered for nomination by the Committee before the seat of the nominated Member has become vacant.

3rd Schedule to the Constitution of Singapore 1963

(Article 140)
CITIZENSHIP

Minister to exercise functions of Government in respect of citizenship

1. The functions of the Government under Part 10 shall be exercised by such Minister as the President may, from time to time, direct and references in this Schedule to the Minister shall be construed accordingly.

Decision not subject to appeal

2.  A decision of the Government under Part 10 shall not be subject to appeal or review in any court.

Delegation of Minister’s functions to public officer and right of appeal to Minister against public officer’s decision

3. The Minister may delegate to any public officer of the Government any of his functions under Part 10 or under this Schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under clauses (1), (2), (3)(b), (6) and (7) of Article 129 or Article 132, any of his functions under Article 133 prior to determining whether to make such an order; but any person aggrieved by the decision of a public officer to whom the functions of the Minister are so delegated may appeal to the Minister.

Power to make rules

4.  The Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part 10 and of this Schedule and, in particular, may provide for the circumstances (including cases of persons ordinarily resident outside Singapore) under which a committee of inquiry under Article 133 is to proceed by way of written representations.

Extension of time for registration of birth

5.  The power of the Government under Articles 122 and 141 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.

How notice to be given

6.  Any notice to be given by the Minister to any person under Article 133(1) may be sent to that person at his last known address or, in the case of a person under the age of 18 years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

Registers to be maintained

7. It shall be the duty of the Minister to compile and maintain —
(a) a register of citizens of Singapore by registration;
(b) a register of citizens of Singapore by naturalisation;
(c) a register of persons to whom certificates of citizenship of Singapore have been issued under Article 138;
(d) a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of Part 10;
(e) a register of citizens of Singapore who have renounced citizenship;
(f) a register of persons enrolled as citizens before the commencement of this Constitution under Article 56 of the Constitution of the State of Singapore;
(g) a register of persons whose enrolment has been cancelled under the provisions of this Constitution;
(h) an alphabetical index of all persons referred to in paragraphs (a) to (g); and
(i) a register of persons who have been conferred citizenship under Article 121(3).

Minister may correct any register where necessary

8.  If the Minister has reason to believe that an error appears in any register compiled under section 7, he shall, after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration to the register as appears to the Minister to be necessary to correct the error.

Conclusive evidence

9.  Subject to section 8, the said register shall be conclusive evidence of the matters therein contained.

Offences

10.—(1) It shall be an offence punishable with imprisonment for 2 years or a fine of $1,000 or both for any person —
(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part 10;
(b) to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered;
(c) to fail to comply with any requirement imposed upon him by any rules made under section 4 with respect to the delivering up of certificates; or
(d) to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly granted.

(2) In this section, “certificate” means —
(a) any certificate of enrolment or registration as a citizen granted under Article 56 of the Constitution of the State of Singapore or under Article 123 or 124;
(b) any certificate of registration of birth granted under Article 122 or 141;
(c) any certificate of registration or naturalisation granted under the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957);
(d) any certificate of citizenship granted under the Singapore Citizenship Ordinance 1957 or Article 138.

Persons born on ships or aircraft

11.  For the purposes of Part 10, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

Posthumous children

12.—(1) A reference in Part 10 to the status or description of a parent of a person at the time of the person’s birth shall, in the case of a parent who died before the birth of the person, be read as a reference to the status or description of the parent at the time of the parent’s death.

(2) Where the death of a parent of a person occurred before and the birth of the person occurred on or after 16 September 1963, the status or description that would have been applicable to the parent by virtue of subsection (1) if the parent had died after that date shall be deemed to be the status or description applicable to the parent at the time of the parent’s death.

Foundlings

13.  Any new born child found exposed in Singapore of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to be a citizen of Singapore by birth; and the date of finding shall be taken to be the date of birth of such child.

Citizenship at birth

14.  For the purposes of Part 10, a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to the proviso to Article 122(1) or otherwise.

Illegitimate children and adopted children

15.—(1) For the purposes of Part 10, references to a person’s father or to his parent or to one of his parents shall, in relation to a person who is illegitimate, be construed as references to his mother.

(2) In relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in Singapore, references to a person’s father or to his parent or to one of his parents shall be construed as references to the adopter.

Periods of absence to be treated as periods of residence

16. In calculating for the purposes of Part 10, a period of residence in Singapore —
(a) a period of absence from Singapore of less than 12 months in the aggregate; and
(b) a period of absence from Singapore exceeding 12 months in the aggregate for any cause generally or specially approved by the Government,
may be treated as residence in Singapore and a person shall be deemed to be resident in Singapore on a particular day if he had been resident in Singapore before that day and that day is included in any such period of absence as aforesaid.

Certain period of residence not to be taken into account

17. In calculating for the purposes of Part 10 any period of residence in Singapore, no account shall be taken —
(a) of any period of residence in Singapore whilst a person was or was the member of the family of —
(i) a person recruited outside Singapore serving on full pay in any naval, military or air force other than the naval, military or air force of Singapore; or
(ii) a person recruited outside Singapore serving in a civil capacity in any department of any government operating in Singapore other than a department of the Government;
(b) of any period during which a person was not lawfully resident in Singapore;
(c) of any period spent as an inmate of any prison or as a person detained in lawful custody in any place other than a mental hospital or an approved institution for the purpose of the treatment and rehabilitation of drug addicts under the provisions of any written law; or
(d) except with the consent of the Minister, of any period during which a person is allowed to remain temporarily in Singapore under the authority of any Pass issued under the provisions of any written law relating to immigration.

Discretion of Minister

18.  The Minister shall not be required to assign any reason for the grant or refusal of any application under Part 10 the decision on which is at his discretion; and the decision of the Minister on any such application shall be final.

2nd Schedule to the Constitution of Singapore 1963

(Articles 122(4), 126(1) and (3) and 127(4))
OATH OF RENUNCIATION, ALLEGIANCE AND LOYALTY

I, ………………………………………………………………………., do solemnly swear (or affirm) that I will not exercise the rights, powers and privileges to which I may be entitled by reason of any foreign nationality or citizenship, and that I absolutely and entirely renounce all loyalty to any foreign Sovereign or State or Country and, I, …………………………………………………………………………….., do further solemnly swear (or affirm) that I will be faithful and bear true allegiance to the Republic of Singapore, and that I will observe the laws and be a true, loyal and faithful citizen of Singapore.

First Schedule to the Constitution of Singapore 1963

(Articles 20(3), 22N(5), 27, 37H, 40(3), 42(2)(b), 61, 75, 97 and 105(8))
FORMS OF OATHS

1.  Oath of Office of President

I, ……………………………………………………………………………………….., having been elected President of the Republic of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and without regard to any previous affiliation with any political party, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.

1A.  Oath of Office of Person Exercising Functions of Office of President

I, ………………………………………………………………………………….., *Chairman of the Council of Presidential Advisers/Speaker of Parliament, ^*being required by/having been appointed under the Constitution of the Republic of Singapore to exercise the functions of the office of President, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.

2.  Oath of Allegiance

I, ……………………………………………………………………………….., having been appointed to the office of ……………………………………………………………………., do solemnly swear (or affirm) that I will bear true faith and allegiance to the Republic of Singapore and that I will preserve, protect and defend the Constitution of the Republic of Singapore.

3.  Oath as Member of Parliament

I, ……………………………………………………………………………………….., having been elected as a Member of the Parliament of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the Republic of Singapore, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.

4.  Oath for due execution of Office of Prime Minister

I, ………………………………………………………….., being chosen and appointed as Prime Minister of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as Prime Minister according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.

4A.  Oath for due execution of Office of Minister or Parliamentary Secretary

I, ………………………………………………………., being chosen and appointed as *Minister/Parliamentary Secretary of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as ^*Minister/Parliamentary Secretary according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.

5.  Oath for due execution of Office of Chairman or other Member of Public Service Commission, or Appointed Member of Judicial Service Commission or Legal Service Commission

I, ……………………………………………………………………………….., having been appointed to be *the Chairman/a Member of the *Public Service Commission/Judicial Service Commission/Legal Service Commission do solemnly swear (or affirm) that I will freely and without fear or favour, affection or ill will, give my counsel and advice in connection with all matters that may be referred to the ^*Public Service Commission/Judicial Service Commission/Legal Service Commission and that I will not, directly or indirectly, reveal any such matters to any unauthorised person or otherwise than in the course of duty.

6.  Oath of Office of Chief Justice, Supreme Court Judge, Judicial Commissioner or Senior Judge

I, ………………………………………………………………………………………., having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the Constitution of the Republic of Singapore.

6A.  Oath of Office of International Judge

I, ………………………………………………………………………………………, having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability.

7.  Oath of Secrecy of Chairman or Member of the Presidential Council for Minority Rights

I, ……………………………………………………………………………………….., having been appointed to be ^*Chairman/a Member of the Presidential Council for Minority Rights, do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Presidential Council for Minority Rights to any unauthorised person or otherwise than in the course of duty.

8.  Oath of Secrecy of Chairman or Member of Council of Presidential Advisers

I, ……………………………………………………………………………………….., having been appointed to be ^*Chairman/a Member of the Council of Presidential Advisers do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Council to any unauthorised person or otherwise than in the course of duty.

Article 157-166 Constitution of Singapore 1963

Article 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 of the Constitution of Singapore 1963 are under Part XIV of the Constitution. Part XIV is titled Transitional Provisions.

Article 157 Singapore Constitution 1963

Existing Standing Orders

 The Standing Orders of the Legislative Assembly established by the Singapore (Constitution) Order in Council 1958 (S.I. 1958 No. 1956) which are in force immediately before the commencement of this Constitution shall, subject to amendment or revocation under Article 52, be the Standing Orders of Parliament.

Article 158 Singapore Constitution 1963

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 159 Singapore Constitution 1963

Terms of service of persons who continue in office

(1) 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 having 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.

(2) 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 160 Singapore Constitution 1963

Succession to property

Subject to this Article, all property and assets which immediately before the commencement of this Constitution were vested in the State of Singapore shall vest in the Republic of Singapore.

Article 161 Singapore Constitution 1963

 [Omitted in 1999 Reprint]

Article 162 Singapore Constitution 1963

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 163 Singapore Constitution 1963

Person holding office of President immediately prior to 30 November 1991 to continue to hold such office

(1) The person holding the office of President immediately prior to 30 November 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge 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 1991 (Act 5 of 1991) (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 6 months from the date the office of President became vacant.

(2) The Act shall not affect the appointment of any person made before 30 November 1991 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.

(3) 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 30 November 1991 and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the first general election following that date;
(b) Articles 22B and 22D shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after that date;
(c) in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after that date, any reference in Articles 22B and 22D 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 148A shall apply in respect of the first financial year of the Government beginning on or after that date as if the resolution of Parliament authorising 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.

Article 164 Singapore Constitution 1963

Transitional provisions for Article 19B

(1) The Legislature must, by law —
(a) specify the first term of office of the President to be counted for the purposes of deciding whether an election is reserved under Article 19B; and
(b) if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under Article 19B commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong.

(2) In this Article, “appointed date” means the date of commencement of section 9 of the Constitution of the Republic of Singapore (Amendment) Act 2016.

Article 165 Singapore Constitution 1963

Transitional provisions for Council of Presidential Advisers

(1) An existing member continues to be a member for the remaining duration of the existing member’s last appointment.

(2) Article 37B(2) applies to the appointment or re‑appointment of any person as a member on or after the appointed date.

(3) The first 3 appointments made under Article 37B(2) by the President acting in his discretion must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(i) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(i) as soon as practicable after any existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(i) as soon as practicable after the remaining existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat.

(4) The first 3 appointments made under Article 37B(2) by the President on the advice of the Prime Minister must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(ii) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(ii) as soon as practicable after any existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat.

(5) The first appointment made under Article 37B(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the President on the Chief Justice’s advice completes the member’s term or vacates the member’s seat.

(6) The first appointment made under Article 37B(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the President on the advice of the Chairman of the Public Service Commission completes the member’s term or vacates the member’s seat.

(7) In this Article, unless the context otherwise requires —
“appointed date” means the date of commencement of section 17 of the Constitution of the Republic of Singapore (Amendment) Act 2016;
“existing member” means a member on the date immediately before the appointed date;
“member” means a member of the Council of Presidential Advisers.

Article 166 Singapore Constitution 1963

Transitional provision for persons who hold or have held office as Judge of Appeal immediately before date of commencement of Constitution of the Republic of Singapore (Amendment) Act 2019

(1) A person who holds office as a Judge of Appeal immediately before the date of commencement of the Constitution of the Republic of Singapore (Amendment) Act 2019 is, from that date —
(a) if the person was appointed as a Judge of Appeal under Article 95(1), to hold office as a Justice of the Court of Appeal in accordance with Article 98; and
(b) if the person was appointed as a Judge of Appeal for a specified period under Article 95(2), to hold office as a Justice of the Court of Appeal in accordance with Article 98 for the remainder of that period.

(2) A person who ceased to be a Judge of Appeal before the date of commencement of the Constitution of the Republic of Singapore (Amendment) Act 2019 is, on or after that date, to be treated —
(a) for the purposes of Article 95(2) and (4)(b), as a person who has ceased to be a Supreme Court Judge; and
(b) for the purposes of Article 98(4), as a person who has held office as a Supreme Court Judge.

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See also:

Article 152-156 Singapore Constitution 1963

Article 152-156 Constitution of Singapore 1963

Article 152, 153, 153A, 154, 155, 156 of the Constitution of Singapore 1963 are under Part XIII of the Constitution. Part XIII is titled General Provisions.

Article 152 Singapore Constitution 1963

Minorities and special position of Malays

(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.

(2) The Government shall exercise its functions in such manner as to recognise 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 153 Singapore Constitution 1963

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 153A Singapore Constitution 1963

Official languages and national language

(1) Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore.

(2) The national language shall be the Malay language and shall be in the Roman script:
Provided that —
(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b) nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Singapore.

Article 154 Singapore Constitution 1963

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 154A Singapore Constitution 1963

Exemption

The President, acting in his discretion, may by order published in the Gazette exempt any transaction or class of transactions, from the application of Article 144.

Article 155 Singapore Constitution 1963

Authorised reprints of Constitution

(1) The Attorney‑General may, with the authority of the President, as soon as may be after 4 May 1979 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.

(2) The President may, from time to time, authorise 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 authorisation.

(3) Any reprint of the Constitution of the Republic of Singapore, printed and published under clause (1) or (2), 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.

(4) In the preparation and compilation of any reprint under clause (1) or (2), the Attorney‑General shall have, with the necessary modifications, the powers conferred upon the Law Revision Commissioners by section 4 of the Revised Edition of the Laws Act 1983.

(5) In the preparation and compilation of the consolidated reprint under clause (1), 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 156 Singapore Constitution 1963

[Omitted in 1999 Reprint]

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See also:

Article 149-151A Singapore Constitution 1963

Article 149-151A Constitution of Singapore 1963

Article 149, 150, 151, 151A of the Constitution of Singapore 1963 are under Part XII of the Constitution. Part XII is titled SPECIAL POWERS AGAINST SUBVERSION AND EMERGENCY POWERS.

Article 149 Singapore Constitution 1963

Legislation against subversion

(1) 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, organised 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 (3) is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this Article, be outside the legislative power of Parliament.

(2) A law containing such a recital as is mentioned in clause (1) 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.

(3) If, in respect of any proceedings whether instituted before or after 27 January 1989, 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 93 shall invalidate any law enacted pursuant to this clause.

Article 150 Singapore Constitution 1963

Proclamation of Emergency

(1) 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.

(2) 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 having the force of law, if satisfied that immediate action is required.

(3) A Proclamation of Emergency and any ordinance promulgated under clause (2) 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 (1) or promulgate any ordinance under clause (2).

(4) Subject to clause (5)(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 Constitution (except Articles 22E, 22H, 144(2) and 148A) 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.

(5) (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) [Deleted by Act 28 of 2016]
(ii) [Deleted by Act 28 of 2016]
(iii) the provisions of this Constitution relating to religion, citizenship or language.

(6) At the expiration of a period of 6 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 151 Singapore Constitution 1963

Restrictions on preventive detention

(1) 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 (3), 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 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.

(2) 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 Supreme Court Judge, and 2 other members, who shall be appointed by the President after consultation with the Chief Justice.

(3) This Article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.

(4) 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, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.

Article 151A Singapore Constitution 1963

Defence and security measures

(1) Articles 22B(7), 22D(6), 148G(2) and (3) and 148H shall not apply to any defence and security measure.

(2) For the purposes of clause (1), 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.

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See also:

Article 152-156 Singapore Constitution 1963

Article 148A-148I Constitution of Singapore 1963

Article 148A, 148B, 148C, 148D, 148E, 148F, 148G, 148H, 148I, among others, of the Constitution of Singapore 1963 are under Part XI of the Constitution. Part XI is titled Financial Provisions.

Article 148A Singapore Constitution 1963

Withholding of assent to Supply Bill, etc.

(1) The President may, acting in his discretion, withhold his assent to any Supply Bill, Supplementary Supply Bill 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.

(2) 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 37IF within 30 days of such withholding of assent, Parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised 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 authorised for any service or purpose for that financial year (which shall include any amount authorised under Article 148B(4)) 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 authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose.

(3) For the purposes of paragraph (a) of the proviso to clause (2), 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.

(3A) Upon the passing of a resolution under clause (2), 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.

(4) In forming his opinion under clause (1) 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 148C(1).

Article 148B Singapore Constitution 1963

Power to authorise expenditure on account, etc., or for unspecified purposes

(1) Subject to clause (3), Parliament may, by resolution approving estimates containing a vote on account, authorise 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.

(2) Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with Articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to Parliament desirable to do so.

(3) No resolution of Parliament made under clause (1) or (2) shall have effect unless the President, acting in his discretion, concurs therewith.

(4) 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, authorise such expenditure (not otherwise authorised 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 authorised 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 148C Singapore Constitution 1963

Contingencies Funds

(1) The Legislature may by law create a Contingencies Fund each for the Consolidated Fund and for the Development Fund and authorise 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.

(2) Where any advance is made by virtue of the authority conferred under clause (1), 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.

(3) 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.

(4) 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 148D Singapore Constitution 1963

[Repealed by Act 28 of 2016]

Article 148E Singapore Constitution 1963

Debt charges and moneys required to satisfy judgments

(1) The following are hereby charged on the Consolidated Fund:
(a) all debt charges 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.

(2) For the purposes of this Article, “debt charges” includes interest, sinking fund charges, 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 created thereby.

Article 148F Singapore Constitution 1963

Appointment of Auditor-General

(1) There shall be an Auditor-General who shall be appointed or re-appointed, as the case may be, 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.

(2) The Prime Minister shall, before tendering any advice under clause (1), consult the Chairman of the Public Service Commission.

(3) It is the duty of the Auditor‑General to audit and report on the accounts of —
(a) all departments and offices of the Government;
(b) Parliament;
(c) the Supreme Court and all subordinate courts; and
(d) the Public Service Commission, the Judicial Service Commission and the Legal Service Commission.

(4) 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.

(5) Subject to clauses (7) and (8), the Auditor-General shall hold office for a term of 6 years and shall cease to hold that office at the end of that term, but without prejudice to his eligibility for reappointment for further terms of 6 years each.

(6) [Deleted by Act 2 of 2001]

(7) The Auditor-General may at any time resign his office by writing under his hand addressed to the President.

(8) 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 discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice.

(9) The tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose.

(10) Parliament shall by resolution provide for the remuneration of the Auditor‑General and the remuneration so provided shall be charged on the Consolidated Fund.

(10A) Subject to the provisions of this Constitution, the terms of service of the Auditor‑General may be prescribed in regulations made by the President and published in the Gazette, and in so far as they are not prescribed by such law, be determined by the President.

(10B) Regulations made under clause (10A) may provide that any gratuity payable in respect of service as the Auditor‑General shall be charged on the Consolidated Fund.

(11) The remuneration and other terms of service of the Auditor‑General shall not be altered to his disadvantage during his continuance in office.

Article 148G Singapore Constitution 1963

Duty to inform President of certain transactions

(1) 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.

(2) Where the President has been so informed under clause (1) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction.

(3) Where the President does not disapprove of any proposed transaction under clause (2) 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 148H Singapore Constitution 1963

Publication of President’s opinion regarding 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.

Article 148I Singapore Constitution 1963

Transfer of Government’s past reserves

(1) Notwithstanding any provision in this Part, a proposed transfer or transfer (whether by or under any written law or otherwise) by the Government of any of its reserves to —
(a) a Government company specified in Part 2 of the Fifth Schedule (referred to in this clause and clause (2) as the transferee company); or
(b) a statutory board specified in Part 1 of the Fifth Schedule (referred to in this clause and clause (2) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the Government before its current term of office are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by the Government to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the Government shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(ii) in the case of a proposed transfer or transfer of reserves by the Government to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the Government shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.

(2) Any reserves transferred by the Government together with or under any undertaking, resolution or written law referred to in clause (1) shall be deemed to form part of the reserves accumulated by the transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a) where the Supply Bill for any financial year provides for the proposed transfer of reserves and the Supply Bill is assented to by the President — at the beginning of that financial year;
(b) where a Supplementary Supply Bill provides for the proposed transfer and the Bill is assented to by the President — on the date of such assent by the President; or
(c) in any other case — on the date those reserves are so transferred.

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See also:

Article 142-148 Singapore Constitution 1963