Law Archives / Singapore / Constitution of the Republic of Singapore / The Republic and the Constitution

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Constitution of the Republic of Singapore

PART II

THE REPUBLIC AND THE CONSTITUTION

Republic of Singapore
3. Singapore shall be a sovereign republic to be known as the Republic of Singapore.

*Section 2 (1) (d), Constitution (Amendment) Act 1965 (No. 8 of 1965) and the Republic of Singapore Independence Act 1965 (No. 9 of 1965).

Supremacy of Constitution
4. This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Amendment of Constitution
5. —(1) Subject to this Article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature.

(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39 (1) (a).

*(2A) Unless the President, acting in his discretion, otherwise directs the Speaker in writing, a Bill seeking to amend —

*Article 5 (2A) was not in operation at the date of this Reprint. This Article repeals former Article 5 (2A) (enacted by Act 5/91) which Article was also not in operation at the date of its repeal by Act 41/96.

(a) this clause or Article 5A;

(b) any provision in Part IV;

(d) Article 65 or 66; or

(e) any other provision in this Constitution which authorises the President to act in his discretion,

shall not be passed by Parliament unless it has also been supported at a national referendum by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).

(3) In this Article, “amendment” includes addition and repeal.

President may withhold assent to certain constitutional amendments
5A. —(1) Subject to Part III, the President may, acting in his discretion, in writing withhold his assent to any Bill seeking to amend this Constitution (other than a Bill referred to in Article 5 (2A)), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.

*Article 5A was not in operation at the date of this Reprint.

(2) The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (whether before or after his assent has been withheld to a Bill under clause (1)), refer to a tribunal for its opinion the question whether the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article 100 shall apply, with the necessary modifications, to that reference.

(3) Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court.

(4) Where the tribunal is of the opinion that the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, and the President either has withheld or withholds his assent to the Bill under clause (1), the Prime Minister may at any time direct that the Bill be submitted to the electors for a national referendum.

(5) If the Bill referred to in clause (4) is supported at the national referendum by not less than two-thirds of the total number of votes cast by electors registered under the Parliamentary Elections Act (Cap. 218), the President shall be deemed to have assented to the Bill on the day immediately after the publication in the Gazette of the results of the national referendum.

(6) For the purposes of this Article, where, on the expiration of 30 days after a Bill has been presented to the President for his assent, the President has neither signified the withholding of his assent to the Bill nor referred the Bill to a tribunal pursuant to Article 100, the President shall be deemed to have assented to the Bill on the day immediately following the expiration of the said 30 days.