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Constitution of the Republic of Singapore
PART VITHE LEGISLATURELegislature of Singapore
38.
The
legislative power of Singapore shall be vested in the Legislature
which shall consist of the President and Parliament.
Parliament
39.
—(1)
Parliament
shall consist of —(a)
such number of elected Members as
is required to be returned at a general election by the constituencies
prescribed by or under any law made by the Legislature; (b)
such other Members, not exceeding
6 in number, who shall be known as non-constituency Members, as
the Legislature may provide in any law relating to Parliamentary
elections to ensure the representation in Parliament of a minimum
number of Members from a political party or parties not forming
the Government; and (c)
such other Members not exceeding 9
in number, who shall be known as nominated Members, as may be appointed
by the President in accordance with the provisions of the Fourth
Schedule.
(2)
A non-constituency Member or a nominated
Member shall not vote in Parliament on any motion pertaining to —(a)
a Bill to amend the Constitution; (b)
a Supply Bill, Supplementary Supply
Bill or Final Supply Bill; (c)
a Money Bill as defined in Article
68; (d)
a vote of no confidence in the Government;
and (e)
removing the President from office
under Article 22L.
(3)
In this Article and in Articles 39A
and 47, a constituency shall be construed as an electoral division
for the purposes of Parliamentary elections.
(4)
If any person who is not a Member of
Parliament is elected as Speaker or Deputy Speaker, he shall, by
virtue of holding the office of Speaker or Deputy Speaker, be a
Member of Parliament in addition to the Members aforesaid, except
for the purposes of Chapter 2 of Part V and of Article 46.
Group representation constituencies
39A.
—(1)
The
Legislature may, in order to ensure the representation in Parliament of
Members from the Malay, Indian and other minority communities, by
law make provision for —(a)
any constituency to be declared by
the President, having regard to the number of electors in that constituency,
as a group representation constituency to enable any election in
that constituency to be held on a basis of a group of not less than
3 but not more than 6 candidates; and (b)
the qualifications, in addition to
those in Article 44, of persons who may be eligible for any election
in group representation constituencies, including the requirements
referred to in clause (2).
(2)
Any law made under clause (1) shall
provide for —(a)
the President to designate every group
representation constituency —(i)
as a constituency where at least one
of the candidates in every group shall be a person belonging to
the Malay community; or (ii)
as a constituency where at least one
of the candidates in every group shall be a person belonging to
the Indian or other minority communities; (b)
the establishment of —(i)
a committee to determine whether a
person desiring to be a candidate belongs to the Malay community;
and (ii)
a committee to determine whether a
person desiring to be a candidate belongs to the Indian or other
minority communities,
for the purpose of any election in group
representation constituencies; (c)
all the candidates in every group
to be either members of the same political party standing for election
for that political party or independent candidates standing as a
group; (d)
the minimum and maximum number of
Members to be returned by all group representation constituencies
at a general election; and (e)
the number of group representation
constituencies to be designated under paragraph (a)
(i).
(3)
No provision of any law made pursuant
to this Article shall be invalid on the ground of inconsistency
with Article 12 or be considered to be a differentiating measure
under Article 78.
(4)
In this Article —"election"
means an election for the purpose
of electing a Member of Parliament; "group"
means a group of not less than 3 but
not more than 6 candidates nominated for any election in any group
representation constituency; "person
belonging to the Malay community"
means
any person, whether of the Malay race or otherwise, who considers
himself to be a member of the Malay community and who is generally
accepted as a member of the Malay community by that community; "person
belonging to the Indian or other minority communities"
means any person of Indian origin who
considers himself to be a member of the Indian community and who
is generally accepted as a member of the Indian community by that
community, or any person who belongs to any minority community other
than the Malay or Indian community.
Speaker
40.
—(1)
When
Parliament first meets after any general election and before it
proceeds to the despatch of any other business, it shall elect a
person to be Speaker, and, whenever the office of Speaker is vacant
otherwise than by reason of a dissolution of Parliament, shall not
transact any business other than the election of a person to fill
that office.
(2)
The Speaker may be elected, in such
manner as Parliament may from time to time decide, either from among
the Members of Parliament who are neither Ministers nor Parliamentary
Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a
Member of Parliament shall not be elected as Speaker if, under any
of the provisions of this Constitution, he is not qualified for election
as a Member of Parliament.
(3)
Upon the Speaker being elected and
before he enters upon the duties of his office, he shall (unless
he has already done so in accordance with Article 61) take and subscribe
before Parliament the Oath of Allegiance in the form set out in
the First Schedule.
(4)
The Speaker may at any time resign
his office by writing under his hand addressed to the Clerk of Parliament,
and shall vacate his office —(a)
when Parliament first meets after
a general election; (b)
in the case of a Speaker elected from
among the Members of Parliament, if he ceases to be a Member of
Parliament otherwise than by reason of a dissolution thereof or
if he is appointed to be a Minister or a Parliamentary Secretary;
or (c)
in the case of a Speaker elected from
among persons who are not Members of Parliament, if any circumstance
arises that, if he had been elected to a seat in Parliament, would
cause him to vacate his seat by virtue of Article 46 (2) (a)
or (e).
Remuneration of Speaker
41.
The
Speaker shall be paid such salary as Parliament may from time to
time determine, and that salary, which is hereby charged on the
Consolidated Fund, shall not be diminished during his continuance
in office.
Deputy Speaker
42.
—(1)
Parliament
shall from time to time elect 2 Deputy Speakers; and whenever the
office of a Deputy Speaker is vacant otherwise than by reason of
a dissolution of Parliament, Parliament shall, as soon as convenient,
elect a person to that office.
(2)
(a)
A Deputy Speaker may be elected, in
such manner as Parliament may from time to time decide, either from
among the Members of Parliament who are neither Ministers nor Parliamentary
Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a
Member of Parliament shall not be elected as Deputy Speaker if,
under any of the provisions of this Constitution, he is not qualified
for election as a Member of Parliament. (b)
Upon a Deputy Speaker being elected
and before he enters upon the duties of his office, he shall (unless
he has already done so in accordance with Article 61) take and subscribe
before Parliament the Oath of Allegiance in the form set out in
the First Schedule. (c)
A Deputy Speaker may at any time resign
his office, by writing under his hand addressed to the Clerk of
Parliament, and shall vacate his office —(i)
when Parliament first meets after
a general election; (ii)
in the case of a Deputy Speaker elected
from among the Members of Parliament, if he ceases to be a Member
of Parliament otherwise than by reason of a dissolution thereof
or if he is appointed to be a Minister or a Parliamentary Secretary;
or (iii)
in the case of a Deputy Speaker elected
from among persons who are not Members of Parliament, if any circumstance
arises that, if he had been elected to a seat in Parliament, would
cause him to vacate his seat by virtue of Article 46 (2) (a)
or (e).
(3)
A Deputy Speaker shall be paid such
salary or allowance as Parliament may from time to time determine,
and that salary or allowance, which is hereby charged on the Consolidated
Fund, shall not be diminished during his continuance in office.
Performance of functions of Speaker
43.
The
functions conferred by this Constitution upon the Speaker shall,
if there is no person holding the office of Speaker or if the Speaker
is absent from a sitting of Parliament or is otherwise unable to
perform those functions, be performed by a Deputy Speaker, or if
there be no Deputy Speaker or if he is likewise absent or unable
to perform those functions, by some other person to be elected by
Parliament for the purpose.
Qualifications for membership of Parliament
44.
—(1)
Members
of Parliament shall be persons qualified for election or for appointment
in accordance with the provisions of this Constitution and elected
in the manner provided by or under any law for the time being in
force in Singapore or appointed in accordance with the provisions
of the Fourth Schedule.
(2)
A person shall be qualified to be elected
or appointed as a Member of Parliament if —(a)
he is a citizen of Singapore; (b)
he is of the age of 21 years or above
on the day of nomination; (c)
his name appears in a current register
of electors; (d)
he is resident in Singapore at the
date of his nomination for election and has been so resident for
periods amounting in the aggregate to not less than 10 years prior
to that date; (e)
he is able, with a degree of proficiency
sufficient to enable him to take an active part in the proceedings
of Parliament, to speak and, unless incapacitated by blindness or
other physical cause, to read and write at least one of the following
languages, that is to say, English, Malay, Mandarin and Tamil; and (f)
he is not disqualified from being
a Member of Parliament under Article 45.
(3)
Any question whether any person possesses
the qualifications mentioned in clause (2) (e)
shall be determined in such manner as may be prescribed by or under any
law for the time being in force in Singapore or, in so far as not
so prescribed, as may be provided by order made by the President
and published in the Gazette.
Disqualifications for membership of Parliament
45.
—(1)
Subject
to this Article, a person shall not be qualified to be a Member
of Parliament who —(a)
is and has been found or declared
to be of unsound mind; (b)
is an undischarged bankrupt; (c)
holds an office of profit; (d)
having been nominated for election
to Parliament or the office of President or having acted as election
agent to a person so nominated, has failed to lodge any return of
election expenses required by law within the time and in the manner
so required; (e)
has been convicted of an offence by
a court of law in Singapore or Malaysia and sentenced to imprisonment
for a term of not less than one year or to a fine of not less than $2,000
and has not received a free pardon:
Provided that where the conviction is
by a court of law in Malaysia, the person shall not be so disqualified
unless the offence is also one which, had it been committed in Singapore,
would have been punishable by a court of law in Singapore; (f)
has voluntarily acquired the citizenship
of, or exercised rights of citizenship in, a foreign country or
has made a declaration of allegiance to a foreign country; or (g)
is disqualified under any law relating
to offences in connection with elections to Parliament or the office
of President by reason of having been convicted of such an offence
or having in proceedings relating to such an election been proved
guilty of an act constituting such an offence.
(2)
The disqualification of a person under
clause (1) (d) or (e) may
be removed by the President and shall, if not so removed, cease
at the end of 5 years beginning from the date on which the return
mentioned in clause (1) (d) was required to
be lodged or, as the case may be, the date on which the person convicted
as mentioned in clause (1) (e) was released
from custody or the date on which the fine mentioned in clause (1)
(e) was imposed on such person; and a person
shall not be disqualified under clause (1) (f)
by reason only of anything done by him before he became a citizen
of Singapore.
(3)
In clause (1) (f), “foreign
country” does not include any part of the Commonwealth
or the Republic of Ireland.
Tenure of office of Members
46.
—(1)
Every
Member of Parliament shall cease to be a Member at the next dissolution
of Parliament after he has been elected or appointed, or previously
thereto if his seat becomes vacant, under the provisions of this
Constitution.
(2)
The seat of a Member of Parliament
shall become vacant —(a)
if he ceases to be a citizen of Singapore; (b)
if he ceases to be a member of, or
is expelled or resigns from, the political party for which he stood
in the election; (c)
if, by writing under his hand addressed
to the Speaker, he resigns his seat in Parliament; (d)
if during 2 consecutive months in
each of which sittings of Parliament (or any committee of Parliament
to which he has been appointed) are held, he is absent from all
such sittings without having obtained from the Speaker before the
termination of any such sitting permission to be or to remain absent
therefrom; (e)
if he becomes subject to any of the
disqualifications specified in Article 45; (f)
if he is expelled from Parliament
in the exercise of its power of expulsion; or (g)
if being a nominated Member, his term
of service as such a Member expires.
(2A)
A non-constituency Member of Parliament
shall vacate his seat as such a Member if he is subsequently elected
as a Member of Parliament for any constituency.
(2B)
A nominated Member of Parliament shall
vacate his seat as such a Member —(a)
if he stands as a candidate for any
political party in an election; or (b)
if, not being a candidate referred
to in paragraph (a), he is elected as a Member
of Parliament for any constituency.
(3)
Any person whose seat in Parliament
has become vacant may, if qualified, again be elected or appointed
as a Member of Parliament from time to time.
(4)
If
any Member of Parliament becomes subject to any disqualification
specified in Article 45 (1) (a), (b),
(e) or (g) because he is —(a)
adjudged or otherwise declared a
bankrupt; (b)
adjudged or otherwise declared to
be of unsound mind; (c)
convicted of an offence by a court
of law in Singapore or Malaysia and sentenced to imprisonment for
a term of not less than one year or to a fine of not less than $2,000;
or (d)
convicted or is proven guilty of
an act constituting any offence in connection with elections to
Parliament,
and it is open to the Member to appeal
against the decision (either with the leave of the court or other
authority or without such leave), the Member shall immediately cease
to be entitled to sit or vote in Parliament or any committee thereof
but, subject to clauses (6) and (7), he shall not vacate his seat
until the end of a period of 180 days beginning with the date of
the adjudication, declaration or conviction, as the case may be.
(5)
A
Member of Parliament shall vacate his seat if, at the end of the
period of 180 days referred to in clause (4), he continues to be
subject to any disqualification specified in Article 45 (1) (a), (b), (e)
or (g).
(6)
Notwithstanding
clause (5), where on the determination of any such appeal the Member
of Parliament continues to be subject to any disqualification specified
in Article 45 (1) (a) or (b)
and —(a)
no further appeal is open to him;
or (b)
by reason of the expiration of any
period for entering an appeal or notice thereof or the refusal of
leave to appeal or for any other reason it ceases to be open for
the Member to appeal,
the Member shall then immediately vacate
his seat even if the period of 180 days has not lapsed.
(7)
Where,
at any time before the end of the period of 180 days referred to
in clause (4), the Member of Parliament ceases to be subject to
any disqualification specified in Article 45 (1) (a),
(b), (e) or (g)
by reason of any pardon, any final determination of an appeal or
otherwise, he shall be entitled to resume sitting or voting in Parliament
or any committee thereof on the day immediately after he ceases
to be so disqualified.
(8)
For
the avoidance of doubt, clauses (4) to (7) —(a)
shall not apply for the purpose of
any nomination, election or appointment to be a Member of Parliament,
and any disqualifying event referred to in Article 45 shall take
effect immediately on the occurrence of the event for the purposes
of such nomination, election or appointment; and (b)
shall not operate to extend the term
of service of a nominated Member beyond the period prescribed in
the Fourth Schedule.
Provision against double membership
47.
A
person shall not be at the same time a Member of Parliament for
more than one constituency.
Decision on questions as to disqualification
48.
Any
question whether —(a)
any Member of Parliament has vacated
his seat therein; or (b)
in the case of any person who has
been elected as Speaker or Deputy Speaker from among persons who
are not Members of Parliament, any circumstance has arisen that,
if he had been elected to a seat in Parliament, would cause him
to vacate his seat by virtue of Article 46 (2) (a)
or (e),
shall be determined by Parliament whose
decision shall be final:
Provided that this Article shall not
be taken to prevent the practice of Parliament postponing a decision
in order to allow for the taking or determination of any proceedings
that may affect the decision (including proceedings for the removal
of the disqualification).
Filling of vacancies
49.
—(1)
Whenever
the seat of a Member, not being a non-constituency Member, has become
vacant for any reason other than a dissolution of Parliament, the
vacancy shall be filled by election in the manner provided by or
under any law relating to Parliamentary elections for the time being
in force.
(2)
The Legislature may by law provide
for —(a)
the vacating of a seat of a non-constituency
Member in circumstances other than those specified in Article 46; (b)
the filling of vacancies of the seats
of non-constituency Members where such vacancies are caused otherwise
than by a dissolution of Parliament.
Penalty for unqualified persons sitting or voting
in Parliament
50.
—(1)
Any
person who sits or votes in Parliament, knowing or having reasonable
ground for knowing that he is not entitled to do so, shall be liable
to a penalty not exceeding $200 for each day on which he
so sits or votes.
(2)
The said penalty shall be recoverable
by action in the High Court at the suit of the Attorney-General.
Staff of Parliament
51.
—(1)
The
staff of Parliament shall consist of a Clerk of Parliament and such other
officers as may from time to time be appointed under Part IX to
assist him.
(2)
The Clerk of Parliament shall be appointed
by the President after consultation with the Speaker and the Public
Service Commission.
(3)
The Clerk of Parliament may at any
time resign his office by writing under his hand addressed to the
Speaker and, subject to clause (4), may be removed from office by
the President after consultation with the Speaker.
(4)
The Clerk of Parliament shall not be
removed from office under clause (3) unless Parliament, by a resolution
which has received the affirmative votes of not less than two-thirds
of all the Members thereof, has resolved that he ought to be so
removed for inability to discharge the functions of his office (whether
arising from infirmity of body or mind or any other cause) or for
misbehaviour.
(5)
The staff of Parliament shall not be
eligible for promotion or transfer to any other office in the public
service without the consent of the Speaker.
(6)
Subject to Article 159, the terms of
service of the staff of Parliament may be determined by Parliament
after receiving the advice of a Commission consisting of the following
persons, that is to say:(a)
the Speaker, as Chairman; (b)
not more than 3 Ministers nominated
by the Prime Minister, of whom one shall be the Minister responsible
for finance; and (c)
a member of the Public Service Commission.
Standing Orders
52.
Subject
to the provisions of this Constitution, Parliament may, from time
to time, make, amend and revoke Standing Orders for the regulation
and orderly conduct of its own proceedings and the despatch of business.
Use of languages in Parliament
53.
Until
the Legislature otherwise provides, all debates and discussions
in Parliament shall be conducted in Malay, English, Mandarin or
Tamil.
Presiding in Parliament
54.
The
Speaker shall preside at each sitting of Parliament.
Validity of proceedings of Parliament
55.
Parliament
shall not be disqualified for the transaction of business by reason of
any vacancy among the Members thereof, including any vacancy not
filled when Parliament is first constituted or is reconstituted
at any time; and any proceedings therein shall be valid notwithstanding
that some person who was not entitled to do so sat or voted in Parliament
or otherwise took part in the proceedings.
Quorum
56.
If
objection is taken by any Member present that there are present
(besides the Speaker or other Member presiding) fewer than one-quarter
of the total number of Members and, after such interval as may be
prescribed in the Standing Orders of Parliament, the Speaker or
other Member presiding ascertains that the number of Members present
is still less than one-quarter of the total number of Members, he
shall thereupon adjourn Parliament.
Voting
57.
—(1)
Subject
to this Constitution, all questions proposed for decision in Parliament
shall be determined by a majority of the votes of the Members present
and voting; and if, upon any question before Parliament, the votes
of the Members are equally divided, the motion shall be lost.
(2)
If the Speaker has been elected from
among persons who are not Members of Parliament, he shall not vote,
but subject to this provision, the Speaker or other person presiding
shall have an original vote but no casting vote.
Exercise of legislative power
58.
—(1)
Subject
to the provisions of Part VII, the power of the Legislature to make laws
shall be exercised by Bills passed by Parliament and assented to
by the President.
(2)
A Bill shall become law on being assented
to by the President and such law shall come into operation on the
date of its publication in the Gazette or, if
it is enacted either in such law or in any other law for the time
being in force in Singapore that it shall come into operation on
some other date, on that date.
Introduction of Bills
59.
—(1)
Subject
to the provisions of this Constitution and of Standing Orders of Parliament,
any Member may introduce any Bill or propose any motion for debate in,
or may present any petition to, Parliament, and the same shall be
debated and disposed of according to the Standing Orders of Parliament.
(2)
A Bill or an amendment making provision
(directly or indirectly) for —(a)
imposing or increasing any tax or
abolishing, reducing or remitting any existing tax; (b)
the borrowing of money, or the giving
of any guarantee, by the Government, or the amendment of the law
relating to the financial obligations of the Government; (c)
the custody of the Consolidated Fund,
the charging of any money on the Consolidated Fund or the abolition
or alteration of any such charge; (d)
the payment of moneys into the Consolidated
Fund or the payment, issue or withdrawal from the Consolidated Fund
of any moneys not charged thereon, or any increase in the amount
of such a payment, issue or withdrawal; or (e)
the receipt of any moneys on account
of the Consolidated Fund or the custody or issue of such moneys,
being provision as respects which the
Minister responsible for finance signifies that it goes beyond what
is incidental only and not of a substantial nature having regard
to the purposes of the Bill or amendment, shall not be introduced
or moved except on the recommendation of the President signified
by a Minister.
(3)
A Bill or an amendment shall not be
deemed to make provision for any of the said matters by reason only
that it provides for the imposition or alteration of any fine or
other pecuniary penalty or for the payment or demand of a licence
fee or a fee or charge for any service rendered.
Words of enactment of laws
60.
In
every Bill presented for assent, the words of enactment shall be
as follows:"Be
it enacted by the President with the advice and consent of the Parliament
of Singapore, as follows:"
.
Oath of Allegiance
61.
No
Member of Parliament shall be permitted to take part in the proceedings thereof
(other than proceedings necessary for the purpose of this Article)
until he has taken and subscribed before Parliament the Oath of
Allegiance in the form set out in the First Schedule:
Provided that the election of a Speaker
may take place before the Members of Parliament have taken and subscribed
such Oath.
Address by President
62.
The
President may address Parliament and may send messages thereto.
Privileges of Parliament
63.
It
shall be lawful for the Legislature by law to determine and regulate
the privileges, immunities or powers of Parliament.
Sessions of Parliament
64.
—(1)
There
shall be a session of Parliament once at least in every year and
a period of 6 months shall not intervene between the last sitting
of Parliament in any one session and the first sitting thereof in
the next session.
(2)
The sessions of Parliament shall be
held in such places and shall commence at such times as the President
may, from time to time, by Proclamation in the Gazette, appoint.
Prorogation and dissolution of Parliament
65.
—(1)
The
President may, at any time, by Proclamation in the Gazette,
prorogue Parliament.
(2)
If, at any time, the office of Prime
Minister is vacant, the President shall, by Proclamation in the Gazette, dissolve Parliament as soon as he is
satisfied, acting in his discretion, that a reasonable period has
elapsed since that office was last vacated and that there is no
Member of Parliament likely to command the confidence of a majority
of the Members thereof.
(3)
The President may, at any time, by
Proclamation in the Gazette, dissolve Parliament
if he is advised by the Prime Minister to do so, but he shall not
be obliged to act in this respect in accordance with the advice
of the Prime Minister unless he is satisfied that, in tendering
that advice, the Prime Minister commands the confidence of a majority
of the Members of Parliament.
(3A)
The President shall not dissolve Parliament
after a notice of motion proposing an inquiry into the conduct of
the President has been given under Article 22L (3) unless —(a)
a resolution is not passed pursuant
to the notice of such motion under Article 22L (4); (b)
where a resolution has been passed
pursuant to the notice of such motion under Article 22L (4), the
tribunal appointed under Article 22L (5) determines and reports
that the President has not become permanently incapable of discharging
the functions of his office or that the President has not been guilty
of any of the other allegations contained in such motion; (c)
the consequent resolution for the
removal of the President is not passed under Article 22L (7); or (d)
Parliament by resolution requests
the President to dissolve Parliament.
(4)
Parliament, unless sooner dissolved,
shall continue for 5 years from the date of its first sitting and
shall then stand dissolved.
General elections
66.
There
shall be a general election at such time, within 3 months after
every dissolution of Parliament, as the President shall, by Proclamation
in the Gazette, appoint.
Remuneration of Members
67.
The
Legislature may by law make provision for the remuneration of Members of
Parliament.
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