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Constitution of the Republic of Singapore
PART VACOUNCIL OF PRESIDENTIAL ADVISERSInterpretation of this Part
37A.
In
this Part, unless the context otherwise requires —"Chairman"
means the Chairman of the Council; "Council"
means the Council of Presidential
Advisers constituted under Article 37B; "member"
means a member of the Council and
includes the Chairman.
Council of Presidential Advisers
37B.
—(1)
There
shall be a Council of Presidential Advisers which shall consist
of —(a)
2 members appointed by the President
acting in his discretion; (b)
2 members appointed by the President
on the advice of the Prime Minister; (c)
one member appointed by the President
on the advice of the Chief Justice; and (d)
one member appointed by the President
on the advice of the Chairman of the Public Service Commission.
(2)
The President, acting in his discretion,
shall appoint one of the members of the Council as Chairman.
(3)
A
member of the Council shall be appointed for 6 years on his first
appointment and shall cease to be such a member at the end of that
term but without prejudice to his eligibility for re-appointment
for such further terms of 4 years each.
(4)
During any period when the Chairman
exercises the functions of the office of President under Article
22N or 22O, he shall not act as the Chairman for that period and
shall not take part in the proceedings of the Council and shall
appoint —(a)
a person to serve as a member of the
Council for that period; and (b)
a member of the Council to act as
Chairman for that period.
Temporary appointments during incapacity of members
37C.
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 appoint another
person to serve as a member for that period either in his discretion
or, where that member was appointed under Article 37B (1) (b), (c) or (d),
on the advice of the Prime Minister, the Chief Justice or the Chairman
of the Public Service Commission, as the case may be.
Qualifications of members
37D.
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 a resident of Singapore; and (d)
is not liable to any of the disqualifications
referred to in Article 37E.
Disqualifications of members
37E.
A
person shall be disqualified for appointment as a member if he —(a)
is or has been found or declared to
be of unsound mind; (b)
is insolvent or an undischarged bankrupt;
or (c)
has been convicted of an offence by
a court of law in Singapore or a foreign country 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 in a foreign country, 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.
Termination of membership
37F.
—(1)
The
Chairman shall vacate the office of Chairman of the Council when a
newly elected President assumes office during the term of appointment
of the Chairman.
(2)
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 referred to in Article 37E.
Determination of questions as to membership
37G.
—(1)
Any
question as to the validity of the appointment of a member or whether
any person has vacated his seat as a member of the Council shall
be referred to and determined by a tribunal consisting of a Judge
of the Supreme Court appointed by the Chief Justice and 2 other
persons 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 questioned in any court.
Oaths of Allegiance and Secrecy
37H.
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 Judge
of the Supreme Court the Oath of Allegiance and the Oath of Secrecy
in the forms set out respectively in paragraphs 2 and 8 in the First
Schedule.
Function of Council
37I.
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 Article 21 (3) or (4).
Proceedings of Council
37J.
—(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 under Article 21 (3) or (4) 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)
In advising or making recommendations
to the President in relation to any Supply Bill, Supplementary Supply
Bill or Final Supply Bill, the Council shall state —(a)
whether its advice or recommendation
is unanimous or the number of votes for and against it; and (b)
where the Council advises or recommends
to the President to withhold his assent to any Supply Bill, Supplementary
Supply Bill or Final Supply Bill, the grounds on which the Council
reached its conclusion.
(2A)
In advising or making any recommendation
to the President in relation to the appointment or revocation of
appointment of any person to any office referred to in Article 22,
22A or 22C, the Council shall state whether its advice or recommendation
is unanimous or the number of votes for and against it.
(2B)
A decision at a meeting of the Council
shall be adopted by a simple majority of the members present and
voting, except that in the case of an equality of votes, the Chairman
or the member presiding shall have a casting vote in addition to
his original vote.
(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 (including any
quorum) but no such rules shall have effect until they have been approved
by the President.
Council to report to Prime Minister and Parliament
37K.
The
Council shall, as soon as practicable after advising or making any
recommendation to the President in relation to a Supply Bill, Supplementary
Supply Bill or Final Supply Bill, or in relation to the appointment
or revocation of appointment of a person to any office referred
to in Article 22, 22A or 22C, send a copy of the advice or recommendation
to —(a)
the Prime Minister; and (b)
the Speaker who shall cause the copy
to be presented to Parliament as soon as possible.
Fees
37L.
—(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.
Appointment of staff
37M.
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.
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