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Jan Garanoz
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Constitution of the Republic of Singapore
PART IPRELIMINARYCitation
1.
This
Constitution may be cited as the Constitution of the Republic of
Singapore.
Interpretation
2.
—(1)
In
this Constitution, unless it is otherwise provided or the context
otherwise requires —"Cabinet"
means the Cabinet constituted under
this Constitution; "Civil
List"
means the provision made
under Article 22J for the maintenance of the President; "citizen
of Singapore"
means any person
who, under the provisions of this Constitution, has the status of
a citizen of Singapore; "commencement"
, used with reference to this Constitution,
means 9th August 1965; "Consolidated
Fund"
means the Consolidated
Fund established by this Constitution; "Council
of Presidential Advisers"
means
the Council of Presidential Advisers constituted under Part VA; "existing
law"
means any law having effect
as part of the law of Singapore immediately before the commencement
of this Constitution; "Government"
means the Government of Singapore; "Judge
of the Supreme Court"
includes
the Chief Justice, a Judge of Appeal and a Judge of the High Court; "law"
includes written law and any legislation
of the United Kingdom or other enactment or instrument whatsoever
which is in operation in Singapore and the common law in so far
as it is in operation in Singapore and any custom or usage having
the force of law in Singapore; "Legal
Service Commission"
means the
Legal Service Commission constituted under this Constitution; "Legislature"
means the Legislature of Singapore; "Minister"
means a Minister appointed under this
Constitution; "office
of profit"
means, subject to
clause (5), any whole time office in the public service; "Parliament"
means the Parliament of Singapore; "President"
means the President of Singapore elected
under this Constitution and includes any person for the time being
exercising the functions of the office of President; "Presidential
Elections Committee"
means the
Presidential Elections Committee constituted under Article 18; "Prime
Minister"
means the Prime Minister
of Singapore appointed under this Constitution; "public
office"
means, subject to clause
(5), an office of emolument in the public service; "public
officer"
means the holder of
any public office; "public
seal"
means the public seal of
Singapore; "public
service"
means service under
the Government; "Public
Service Commission"
means the
Public Service Commission constituted under this Constitution; "register
of electors"
means any register
of electors prepared under the provisions of any written law for
the time being in force relating to Parliamentary elections; "remuneration"
, in respect of any public officer,
means only the emoluments of that officer, the whole or any part
of which count for pension in accordance with the provisions of
any law relating to the grant of pensions in respect of the public
service; "reserves"
, in relation to the Government, a
statutory board or Government company, means the excess of assets
over liabilities of the Government, statutory board or Government
company, as the case may be; "session"
means the sittings of Parliament commencing
when it first meets after being constituted, or after its prorogation
or dissolution at any time, and terminating when Parliament is prorogued
or is dissolved without having been prorogued; "Singapore"
means the Republic of Singapore; "sitting"
means a period during which Parliament
is sitting continuously without adjournment, including any period
during which Parliament is in committee; “Speaker” and “Deputy
Speaker” mean, respectively,
the Speaker and a Deputy Speaker of Parliament; "term
of office"
, in relation to the
Government, means the period —
(a)
commencing on the date the Prime Minister
and Ministers first take and subscribe the Oath of Allegiance in
accordance with Article 27 after a general election; and (b)
ending after the next general election
on the date immediately before the Prime Minister and Ministers
first take and subscribe the Oath of Allegiance in accordance with
Article 27; "terms
of service"
, in respect of any
officer, includes the remuneration to which that officer is entitled
by virtue of his office, and any pension, gratuity or other like
allowance payable to or in respect of that officer; "written
law"
means this Constitution
and all Acts and Ordinances and subsidiary legislation for the time
being in force in Singapore.
(2)
Except where this Constitution otherwise
provides or where the context otherwise requires —(a)
the person or authority having power
to make substantive appointments to any public office may appoint
a person to perform the functions of that office during any period
when it is vacant or when the holder thereof is unable (whether
by reason of absence or infirmity of body or mind or any other cause)
to perform those functions; (b)
every appointment to perform the functions
of an office made under paragraph (a) shall be made in the same
manner as and subject to the same conditions as apply to a substantive
appointment to that office; (c)
any reference in this Constitution
to the holder of any office by the term designating his office shall
be construed as including a reference to any person for the time
being lawfully performing the functions of that office; and (d)
any reference in this Constitution
to an appointment to any office shall be construed as including
a reference to an appointment to perform the functions of that office.
(3)
Where in this Constitution power is
conferred on any person or authority to appoint a person to perform
the functions of any office if the holder thereof is unable himself
to perform its functions, any such appointment shall not be called
in question on the ground that the holder of that office was not
unable to perform those functions.
(4)
For the purposes of this Constitution,
the resignation of a member of any body or the holder of any office
constituted by this Constitution that is required to be addressed
to any person shall be deemed to have effect from the time that
it is received by that person:
Provided that, in the case of a resignation
that is required to be addressed to the Speaker, the resignation
shall, if the office of Speaker is vacant or the Speaker is absent
from Singapore, be deemed to have effect from the time that it is
received by a Deputy Speaker on behalf of the Speaker.
(5)
For the purposes of this Constitution,
a person shall not be considered as holding a public office or an
office of profit by reason of the fact that he is in receipt of any
remuneration or allowances (including a pension or other like allowance)
in respect of his tenure of the office of President, Prime Minister,
Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary
Secretary, Political Secretary, Member of Parliament, Ambassador,
High Commissioner or such other office as the President may, from
time to time, by order, prescribe*.
*Offices of Consul-General
and Consul have been prescribed by the President — See G.N. No. S 212/72
(6)
(a)
Without prejudice to clause (2) when
the holder of any public office is on leave of absence pending relinquishment
of that office, the person or authority having power to make appointments
to that office may appoint another person thereto. (b)
Where 2 or more persons are holding
the same office by reason of an appointment made pursuant to paragraph
(a), the person last appointed shall, in respect
of any function conferred on the holder of that office, be deemed to
be the sole holder of that office.
(7)
Where a person is required by this
Constitution to take an oath, he shall be permitted, if he so desires,
to comply with that requirement by making an affirmation.
(8)
References in this Constitution to
any period shall, so far as the context admits, be construed as
including references to a period beginning before the commencement
of this Constitution.
(9)
Subject to this Article, the Interpretation
Act (Cap. 1) shall apply for the purpose of interpreting this Constitution
and otherwise in relation thereto as it applies for the purpose
of interpreting and otherwise in relation to any written law within
the meaning of that Act.
(10)
Unless the context otherwise requires,
any reference in this Constitution to a specified Part, Article
or Schedule is a reference to that Part or Article of, or that Schedule
to, this Constitution; any reference to a specified chapter, clause,
section or paragraph is a reference to that chapter of the Part,
that clause of the Article, that section of the Schedule, or that
paragraph of the clause or section, in which the reference occurs;
and any reference to a group of Articles, sections or divisions
of Articles or sections shall be construed as including both the
first and the last member of the group referred to.
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