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PART 5
THE GOVERNMENT
Chapter 1 — The President
The President
17.—(1) There shall be a President of Singapore who shall be the Head of State.
[28/2016]
(2) In addition to being the Head of State, it is also the function of the President to safeguard the reserves of Singapore and the integrity of the Public Services of Singapore, and the President is to perform this function according to the provisions of this Constitution mentioned in clause (3).
[28/2016]
(3) The provisions mentioned by clause (2) are the provisions in Articles 22, 22A, 22B, 22C, 22D, 22E, 37B, 37C and 154A and Part 11 that authorise the President to act in his discretion.
[28/2016]
(4) The President may exercise such other powers and perform such other functions as are conferred on the President by this Constitution and any other written law.
[28/2016]
Election of President
17A.—(1) The President is to be elected by the citizens of Singapore in accordance with any law made by the Legislature.
[28/2016]
(2) Any poll for the election of President must be held as follows:
(a) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or
(b) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.
[28/2016]
Presidential Elections Committee
18.—(1) The Presidential Elections Committee (called in this Article the Committee) is established and is to perform the functions relating to elections to the office of President conferred on it by this Constitution or any written law relating to such elections.
[28/2016]
(2) The Committee consists of —
(a) the Chairman of the Public Service Commission, who is the Chairman of the Committee;
(b) the Chairman of the Accounting and Corporate Regulatory Authority established by the Accounting and Corporate Regulatory Authority Act 2004;
(c) a member of the Presidential Council for Minority Rights, appointed by the Chairman of that Council;
(d) a member or former member of the Council of Presidential Advisers (but not the sitting Chairman of that Council or a former member who vacated his seat under Article 37F(2)(a) or (c)), appointed by the Chairman of that Council;
(e) a person who is qualified to be or has been a Supreme Court Judge, appointed by the Chief Justice; and
(f) a person, who in the opinion of the Prime Minister has expertise and experience acquired in the private sector that is relevant to the functions of the Committee, appointed by the Prime Minister.
[12/2004; 28/2016; 38/2019]
(3) A person appointed as a member under clause (2)(c), (d), (e) or (f) holds office for a term of 6 years and may be re‑appointed.
[28/2016]
(4) The office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant —
(a) if the member dies;
(b) if the member resigns from office in writing addressed to the Chairman of the Committee;
(c) subject to clause (6), if the member’s appointment is revoked by the authority who appointed the member;
(d) for a member appointed under clause (2)(c), if the member ceases to be a member of the Presidential Council for Minority Rights; or
(e) for a member who is a member of the Council of Presidential Advisers appointed under clause (2)(d), if the member is subsequently appointed as the Chairman of the Council of Presidential Advisers or vacates his seat on that Council under Article 37F(2)(a) or (c).
[28/2016]
(5) If the office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant, a new member must be appointed as soon as practicable in accordance with the provisions of this Article under which the vacating member was appointed.
[28/2016]
(6) A member’s appointment cannot be revoked under clause (4)(c) from the time a writ is issued for an election to the office of President until the time a person is declared to be elected to the office of President.
[28/2016]
(7) If any member of the Committee is absent from Singapore or for any other reason unable to discharge his functions, the following provisions apply:
(a) if the member is the Chairman of the Committee, the Chairman must appoint a Deputy Chairman of the Public Service Commission to act on the Chairman’s behalf;
(b) if the member is the Chairman of the Accounting and Corporate Regulatory Authority, the member must appoint another member of that Authority to act on the member’s behalf;
(c) if the member is appointed under clause (2)(c), (d), (e) or (f), another person must be appointed, in accordance with the provisions of this Article under which the member was appointed, to act on the member’s behalf.
[28/2016]
(8) A decision of the Committee must be made by a majority of its members present and voting and, if on any question before the Committee its members are equally divided, the Chairman of the Committee has a casting vote in addition to his original vote.
[28/2016]
(9) The Committee may act despite any vacancy in its membership.
[28/2016]
(10) Subject to this Constitution, the Committee may regulate its procedure and fix the quorum for its meetings.
[28/2016]
(11) Parliament may by law provide for the remuneration of members of the Committee and the remuneration so provided is charged on the Consolidated Fund.
[28/2016]
(12) A decision of the Committee as to whether a candidate for election to the office of President has fulfilled the requirements of Article 19(2)(e) or (g) is final and is not subject to appeal or review in any court.
[28/2016]
Qualifications of President
19.—(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
[28/2016]
(2) A person shall be qualified to be elected as President if he —
(a) is a citizen of Singapore;
(b) is not less than 45 years of age;
(c) possesses the qualifications specified in Article 44(2)(c) and (d);
(d) is not subject to any of the disqualifications specified in Article 45;
(e) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f) is not a member of any political party on the date of his nomination for election; and
(g) satisfies the Presidential Elections Committee that —
(i) he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and
(ii) the period of service counted for the purposes of clause (3)(a), (b) or (c)(i) or (4)(a)(i) or (b)(i) or each of the 2 periods of service counted for the purposes of clause (3)(d) or (4)(c), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election.
[28/2016]
(3) The public sector service requirement is that the person has —
(a) held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney‑General, Chairman of the Public Service Commission, Auditor‑General, Accountant‑General or Permanent Secretary;
(b) served for a period of 3 or more years as the chief executive of an entity specified in the Fifth Schedule;
(c) satisfied the following criteria:
(i) the person has served for a period of 3 or more years in an office in the public sector;
(ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph (a) or (b); and
(iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
(d) held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph (a), (b) or (c) and a second period of one or more years in an office mentioned in paragraph (a), (b) or (c), and the 2 periods add up to 3 or more years.
[28/2016]
(4) The private sector service requirement is that the person has —
(a) served as the chief executive of a company and —
(i) the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length;
(ii) the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3‑year period of service as chief executive;
(iii) the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and
(iv) if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until —
(A) the date falling 3 years after that day; or
(B) the date of the writ of election,
whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election;
(b) satisfied the following criteria:
(i) the person has served for a period of 3 or more years in an office in a private sector organisation;
(ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph (a) in relation to such service; and
(iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
(c) subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph (a) or (b) and a second period of one or more years in an office mentioned in paragraph (a) or (b), and the 2 periods add up to 3 or more years.
[28/2016]
(5) If a person proposes to rely on clause (4)(a) for one or both periods of service under clause (4)(c), the following provisions apply:
(a) if the person proposes to rely on one period of service as the chief executive of a company —
(i) instead of clause (4)(a)(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to the company;
(b) if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company —
(i) instead of clause (4)(a)(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to each company;
(c) if the person proposes to rely on 2 periods of service as the chief executive of one company —
(i) instead of clause (4)(a)(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year);
(ii) instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and
(iii) clause (4)(a)(iii) and (iv) applies without modification in relation to the company.
[28/2016]
(6) The Legislature may, by law —
(a) specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii);
(b) specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of clause (4)(a)(iii); and
(c) prescribe what constitutes an insolvency event for the purposes of clause (4)(a)(iv).
[28/2016]
(7) The minimum amount mentioned in clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) is $500 million and this amount can be increased if —
(a) a committee consisting of all the members of the Presidential Elections Committee presents to Parliament a recommendation that the amount be increased; and
(b) Parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent.
[28/2016]
(8) A resolution under clause (7)(b) cannot be passed —
(a) when the office of President is vacant; or
(b) during the 6 months before the date on which the term of office of an incumbent President expires.
[28/2016]
(9) The committee mentioned in clause (7)(a) —
(a) may regulate its own procedure and make rules for that purpose;
(b) may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7(b) of the Constitution of the Republic of Singapore (Amendment) Act 2016), review the minimum amount of shareholders’ equity required under clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); and
(c) must present a report of its conclusions to Parliament (even if it does not recommend an increase).
[28/2016]
(10) In clauses (3), (4) and (5), unless the context otherwise requires —
“chief executive”, in relation to an entity or organisation, means the most senior executive (however named) in that entity or organisation, who is principally responsible for the management and conduct of the entity’s or organisation’s business and operations;
“company” means a company limited by shares and incorporated or registered in Singapore under the general law relating to companies;
“period” means continuous period.
[28/2016]
Disabilities of President
19A.—(1) The President must —
(a) not hold any other office created or recognised by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a Member of Parliament, vacate his seat in Parliament.
[28/2016]
(2) Nothing in clause (1) is to be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognised by this Constitution.
[28/2016]
Reserved election for community that has not held office of President for 5 or more consecutive terms
19B.—(1) An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President.
[28/2016]
(2) A person is qualified to be elected as President —
(a) in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in Article 19;
(b) in an election reserved for 2 communities under clause (1) —
(i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greater number of consecutive terms of office immediately before the election; or
(ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the other community for which the election is reserved; and
(c) in an election reserved for all 3 communities under clause (1) —
(i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greatest number of consecutive terms of office immediately before the election;
(ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the next greatest number of consecutive terms of office immediately before the election; or
(iii) if no person qualifies under sub‑paragraph (i) or (ii), only if the person satisfies the requirements in Article 19 and belongs to the remaining community.
[28/2016]
(3) For the purposes of this Article, a person who exercises the functions of the President under Article 22N or 22O is not considered to have held the office of President.
[28/2016]
(4) The Legislature may, by law —
(a) provide for the establishment of one or more committees to decide, for the purposes of this Article, whether a person belongs to the Chinese community, the Malay community or the Indian or other minority communities;
(b) prescribe the procedure by which a committee under paragraph (a) decides whether a person belongs to a community;
(c) provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as President if, in a reserved election, no person who qualifies to be elected as President under clause (2)(a), (b) or (c) (as the case may be) is nominated as a candidate for election as President; and
(d) make such provisions the Legislature considers necessary or expedient to give effect to this Article.
[28/2016]
(5) No provision of any law made pursuant to this Article is invalid on the ground of inconsistency with Article 12 or is considered to be a differentiating measure under Article 78.
[28/2016]
(6) In this Article —
“community” means —
(a) the Chinese community;
(b) the Malay community; or
(c) the Indian or other minority communities;
“person belonging to the Chinese community” means any person who considers himself to be a member of the Chinese community and who is generally accepted as a member of the Chinese community by that community;
“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;
“term of office” includes an uncompleted term of office.
[28/2016]
Term of office
20.—(1) The President shall hold office for a term of 6 years from the date on which he assumes office.
(2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
(3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Supreme Court Judge the Oath of Office in the form set out in the First Schedule.
[38/2019]
Discharge and performance of functions of President
21.—(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.
(2) The President may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the other provisions of this Constitution):
(a) the appointment of the Prime Minister in accordance with Article 25;
(b) the withholding of consent to a request for a dissolution of Parliament.
[28/2016]
(3) [Deleted by Act 28 of 2016]
(4) [Deleted by Act 28 of 2016]
(5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.
General time limit for President to exercise discretionary powers
21A.—(1) In any particular case where this Constitution authorises the President to act in his discretion in assenting to, concurring with, approving, disapproving or confirming any matter, the President must signify his decision within the specified period —
(a) after his assent, concurrence, approval or confirmation is sought; or
(b) after he is informed of a proposed transaction under Article 22B(6), 22D(5) or 148G(1),
as the case may be.
[28/2016]
(2) Subject to any reduction or extension under clause (3), the specified period for the purposes of clause (1) is —
(a) 30 days for the following matters:
(i) whether to concur with the introduction of a Bill to which Article 5A or 5B applies;
(ii) whether to assent to a Supply Bill, Supplementary Supply Bill, Final Supply Bill or a Bill to which Article 5C or 22H applies;
(iii) whether to concur under Article 22G with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau;
(iv) whether to confirm under Article 22I a restraining order made under the Maintenance of Religious Harmony Act 1990;
(v) whether to concur under Article 151(4) with the detention or further detention of a person; and
(b) 6 weeks in all other cases.
[28/2016]
(3) In any particular case, the specified period in clause (2) may —
(a) if the Prime Minister certifies to the President at the time the President’s decision is sought or at any time thereafter that the case is so urgent that it is not in the public interest to delay a decision, be reduced to the period certified by the Prime Minister (which must not end less than 15 days after the date of the certificate); or
(b) be extended according to any agreement between the President, acting in his discretion, and the Cabinet.
[28/2016]
(4) For the purposes of Articles 5C(1) and 22H(1), if a reference is made under Article 5C(2) or 22H(2), respectively, the time from the making of the reference to the tribunal’s pronouncement of its opinion is not counted towards the specified period.
[28/2016]
(5) If in any particular case the President fails to signify his decision within the specified period, the President is deemed to have, at the end of that period —
(a) subject to paragraph (c), given the assent, concurrence, approval or confirmation sought in that case;
(b) in a case under Article 22B(7), 22D(6) or 148G(2), declined to disapprove the proposed transaction that the President was informed of; or
(c) in a case under Article 22G, refused to concur with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau,
as the case may be.
[28/2016]
(6) This Article does not apply to —
(a) the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament; and
(b) the President’s discretion under Article 22Q(1)(c).
[Act 35 of 2023 wef 14/09/2023]
Appointment of public officers, etc.
22. Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a) the Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges of the High Court, Judicial Commissioners, Senior Judges and International Judges;
(b) the Attorney-General;
(c) the Chairman and members of the Presidential Council for Minority Rights;
(d) the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act 1990;
(e) the chairman and members of an advisory board constituted for the purposes of Article 151;
(f) the Chairman and members of the Public Service Commission, and the members of a personnel board established under Article 110D to exercise any power over Division I officers;
(fa) a member of the Judicial Service Commission (other than the President and the Vice‑ resident of that Commission) and a member of a personnel board established under Article 111I;
[Act 32 of 2021 wef 14/01/2022]
(fb) a member of the Legal Service Commission (other than the President and the Vice‑resident of that Commission) and a member of a personnel board established under Article 111Q;
[Act 32 of 2021 wef 14/01/2022]
(g) the Chief Valuer;
(h) the Auditor-General;
(i) the Accountant-General;
(j) the Chief of Defence Force;
(k) the Chiefs of the Air Force, Army, Navy, and Digital and Intelligence Service;
[Act 25 of 2022 wef 28/10/2022]
(l) a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act 1972;
(m) the Commissioner of Police; and
(n) the Director of the Corrupt Practices Investigation Bureau.
[31/2007; 39/2014; 28/2016; 38/2019]
Appointment of members of statutory boards
22A.—(1) Notwithstanding any other provision of this Constitution —
(a) where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or
(b) in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.
(2) (a) The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b) Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1)(b) or any revocation thereof shall be void if made without the concurrence of the President.
(3) This Article shall apply to the statutory boards specified in Part 1 of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other statutory board to Part 1 of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order.
(5) No statutory board shall by order under clause (4) be added to Part 1 of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $500 million.
[28/2016]
Budgets of statutory boards
22B.—(1) Every statutory board to which Article 22A applies shall —
(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government;
(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c) within 6 months after the close of that financial year, present to the President —
(i) a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year;
(ii) as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and
(iii) a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the Government.
(2) The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3) Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —
(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,
and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4) Any amount expended during a financial year under clause (3)(b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5) Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose.
(6) It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.
(7) Where the President has been so informed under clause (6) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(8) Where after 30 November 1991 a statutory board is specified in Part 1 of the Fifth Schedule pursuant to an order made under Article 22A(4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first‑mentioned statutory board during which that order was made.
(9) For the purposes of this Article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this Article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to —
(a) the Government;
(b) any Government company specified in Part 2 of the Fifth Schedule (referred to in this clause and clause (10) as the transferee company); or
(c) another such statutory board (referred to in this clause and clause (10) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the Government are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by a transferor board to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the Government before its current term of office;
(ii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(iii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.
[12/2004]
(10) Any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the Government, transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a) where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b) where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c) in any other case — on the date those reserves are so transferred.
[24/2002; 12/2004]
Appointment of directors of Government companies
22C.—(1) Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal.
(2) (a) A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b) Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect.
(3) This Article shall apply to the Government companies specified in Part 2 of the Fifth Schedule.
(4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other Government company to Part 2 of the Fifth Schedule; and no Government company shall be removed from that Part by any such order.
(5) No Government company shall by order under clause (4) be added to Part 2 of the Fifth Schedule unless on the date of making of such order —
(a) the value of the share holders’ funds of the company attributable to the Government’s interest in the company is worth $500 million or more; and
(b) it is not a subsidiary of any of the Government companies specified in Part 2 of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act 1967.
[28/2016]
Budgets of Government companies
22D.—(1) The board of directors of every Government company to which Article 22C applies shall —
(a) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government;
(b) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c) within 6 months after the close of that financial year, present to the President —
(i) a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and
(ii) a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves which were not accumulated by the Government company during the current term of office of the Government.
(2) The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3) Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company —
(a) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year,
and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4) Any amount expended during a financial year under clause (3)(b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5) It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government.
(6) Where the President has been so informed under clause (5) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(7) Where after 30 November 1991 a Government company is specified in Part 2 of the Fifth Schedule pursuant to an order made under Article 22C(4), any reference in this Article to the approved budget of a Government company for the preceding financial year shall, in relation to the first-mentioned Government company, be read as a reference to the budget for the financial year of the first‑mentioned Government company immediately preceding the making of that order.
(8) For the purposes of this Article, a proposed transfer or transfer by any Government company to which this Article applies (referred to in this clause and clause (9) as the transferor company) of any of its reserves to —
(a) the Government;
(b) any statutory board specified in Part 1 of the Fifth Schedule (referred to in this clause and clause (9) as the transferee board); or
(c) another such Government company (referred to in this clause and clause (9) as the transferee company),
shall not be taken into account in determining whether the reserves accumulated by the transferor company before the current term of office of the Government are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by a transferor company to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor company to the reserves accumulated by the Government before its current term of office;
(ii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee board — the transferee board by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee board before the current term of office of the Government; or
(iii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee company before the current term of office of the Government.
[12/2004]
(9) Any reserves transferred by a transferor company together with or under any undertaking or resolution referred to in clause (8) shall be deemed to form part of the reserves accumulated by the Government, transferee board or (as the case may be) transferee company before the current term of office of the Government as follows:
(a) where the budget of the transferor company for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b) where a supplementary budget of the transferor company provides for the proposed transfer of reserves and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c) in any other case — on the date those reserves are so transferred.
[12/2004]
Moneys of the Central Provident Fund
22E. The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident Fund.
President’s access to information
22F.—(1) In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a) the Government which is available to the Cabinet; and
(b) any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2) The President may request —
(a) any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b) the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies,
to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.
Concurrence of President for certain investigations
22G. Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.
President may withhold assent to certain Bills
22H.—(1) The President may, acting in his discretion, in writing withhold his assent to any Bill (other than a Bill seeking to amend this Constitution), 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.
(2) The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (and 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.
Restraining order under Maintenance of Religious Harmony Act 1990
22I. The President, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the Maintenance of Religious Harmony Act 1990 where the advice of the Cabinet is contrary to the recommendation of the Presidential Council for Religious Harmony.
Civil List and personal staff of President
22J.—(1) The Legislature shall by law provide a Civil List for the maintenance of the President.
(2) Any person exercising the functions of the office of President under Article 22N or 22O shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide.
(3) The Civil List for the maintenance of the President or any person exercising the functions of the office of President shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the President or that person.
(4) Subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion.
(5) The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer.
(6) The remuneration of the personal staff of the President, other than a person appointed under clause (5), shall be defrayed out of the Civil List for the maintenance of the President.
Immunity of President from suit
22K.—(1) Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.
(2) No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.
(3) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.
(4) The immunity conferred by clause (1) shall not apply to —
(a) any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22L; or
(b) any proceedings before the Election Judge under Article 93A to determine the validity of any Presidential election.
Vacation of and removal from office of President
22L.—(1) The office of President shall become vacant —
(a) upon the death of the President;
(aa) if the President ceases to be a citizen of Singapore;
(b) if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c) if the President is removed from office in accordance with clauses (3) to (7);
(d) if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President; or
(e) if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.
[28/2016]
(2) [Deleted by Act 17 of 1994]
(3) The Prime Minister or not less than one-quarter of the total number of Members of Parliament (excluding nominated Members) may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers of his office;
(d) any offence involving fraud, dishonesty or moral turpitude; or
(e) intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the Presidential Elections Committee for the purpose of demonstrating his eligibility to be elected as President,
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
[28/2016]
(4) Where the motion referred to in clause (3) has been adopted by not less than half of the total number of Members of Parliament (excluding nominated Members), the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.
[28/2016]
(5) A tribunal appointed by the Chief Justice shall consist of not less than 5 Supreme Court Judges of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.
[38/2019]
(6) A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(7) Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three‑quarters of the total number of Members of Parliament (excluding nominated Members) remove the President from office.
[28/2016]
Determination by Election Judge that President was not duly elected or election of President was void
22M.—(1) Where the Election Judge in the exercise of his jurisdiction under Article 93A determines —
(a) that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 6 months from the date of the determination; or
(b) that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination.
(2) Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions.
(3) The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.
Persons to exercise functions of President when office is vacant
22N.—(1) If the office of President becomes vacant, the Chairman of the Council of Presidential Advisers or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President.
(2) If neither the Chairman of the Council of Presidential Advisers nor the Speaker is available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1).
(3) Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President.
(4) The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.
(5) Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 22O shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Supreme Court Judge the Oath of Office in the form set out in the First Schedule, except that neither the Chairman of the Council of Presidential Advisers nor the Speaker shall, during his term of office as such Chairman or as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President.
[38/2019]
Temporary disability of President
22O.—(1) Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person.
(2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed.
(3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.
Grant of pardon, etc.
22P.—(1) The President, as occasion shall arise, may, on the advice of the Cabinet —
(a) grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
(b) grant to any offender convicted of any offence in any court in Singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
(c) remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.
(2) Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney‑General with instructions that, after the Attorney‑General has given his opinion thereon, the reports shall be sent, together with the Attorney‑General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1).
[12/2004]
President may perform foreign and international roles in private capacity if national interest requires
22Q.—(1) The President may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —
(a) the President is not disabled by Article 19A(1) from performing the functions of that office;
(b) the Cabinet advises the President that it is in the national interest for the President to accept and hold that office; and
(c) the President, acting in his discretion, concurs with the advice of the Cabinet.
(2) The Cabinet may from time to time advise the President against saying or doing anything in the performance of the functions of any office the President is holding pursuant to clause (1), and the President must act in accordance with the advice of the Cabinet.
(3) The President must relinquish any office he holds pursuant to clause (1) if so advised by the Cabinet.
(4) The President’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.
[Act 35 of 2023 wef 14/09/2023]
Chapter 2 — The Executive
Executive authority of Singapore
23.—(1) The executive authority of Singapore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.
(2) The Legislature may by law confer executive functions on other persons.
Cabinet
24.—(1) There shall be in and for Singapore a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article 25.
(2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.
Appointment of Prime Minister and Ministers
25.—(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.
(2) Appointments under this Article shall be made by the President by instrument under the public seal.
Tenure of office of Prime Minister and Ministers
26.—(1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the President; or
(b) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament:
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration.
(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or
(b) if he resigns his office by writing under his hand addressed to the President.
(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
(4) (a) Whenever the Prime Minister is ill or absent from Singapore or has been granted leave of absence from his duties under Article 32, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorised by the President, by instrument under the public seal, in that behalf.
(b) The President may, by instrument under the public seal, revoke any authority given under this clause.
(c) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.
Oath
27. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule.
Summoning of and presiding in Cabinet
28.—(1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
Validity of proceedings in Cabinet
29. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.
Assignment of responsibility to Ministers
30.—(1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this clause.
(2) The Prime Minister may retain in his charge any department or subject.
Parliamentary Secretaries
31.—(1) The President, acting in accordance with the advice of the Prime Minister, may by instrument under the public seal, appoint Parliamentary Secretaries from among the Members of Parliament to assist Ministers in the discharge of their duties and functions:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed a Parliamentary Secretary but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.
(2) Article 26(2) and (3) and Article 27 shall apply to Parliamentary Secretaries as they apply to Ministers.
Leave of absence for Ministers and Parliamentary Secretaries
32. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister, to any other Minister and to any Parliamentary Secretary.
Disabilities of Ministers and Parliamentary Secretaries
33. A member of the Cabinet or Parliamentary Secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise.
Ministers may perform foreign and international roles in private capacity if national interest requires
33A.—(1) A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —
(a) the Minister is not disabled by Article 33 from performing the functions of that office; and
(b) the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so.
(2) The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister.
(3) A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister.
(4) A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.
[Act 35 of 2023 wef 24/11/2023]
Permanent Secretaries
34.—(1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers.
(2) (a) Appointments to the office of Permanent Secretary shall be made by the President, acting in accordance with the advice of the Prime Minister, from a list of names submitted by the Public Service Commission.
(b) The responsibility for the allocation of each Permanent Secretary to a Ministry shall be vested in the Prime Minister.
(3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.
Attorney-General
35.—(1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Supreme Court Judge.
[38/2019]
(2) When it is necessary to make an appointment to the office of Attorney‑General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney‑General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.
(3) The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.
(4) The Attorney‑General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:
Provided that —
(a) he may at any time resign his office by writing under his hand addressed to the President; and
(b) the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney‑General and the Government.
(5) Nothing done by the Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
(6) (a) The Attorney‑General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney‑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.
(b) The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.
[38/2019]
(7) It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.
(8) The Attorney‑General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.
(9) In the performance of his duties, the Attorney‑General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Singapore.
(10) The Attorney‑General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund.
(11) Subject to this Article, the terms of service of the Attorney‑General shall either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
(b) (in so far as they are not determined by or under any such law) be determined by the President.
[39/2014]
(11A) Regulations made under clause (11)(a) may provide that any gratuity payable in respect of service as the Attorney‑General shall be charged on and paid out of the Consolidated Fund.
[39/2014]
(12) The terms of service of the Attorney‑General shall not be altered to his disadvantage during his continuance in office.
(13) For the purposes of clause (12), in so far as the terms of service of the Attorney‑General 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.
Deputy Attorneys-General
35A.—(1) The President may, on the advice of the Prime Minister, appoint one or more Deputy Attorneys‑General from individuals who are eligible for appointment as the Attorney‑General.
[39/2014]
(2) Before tendering any advice to the President under clause (1), the Prime Minister must consult the Attorney‑General and the Chairman of the Public Service Commission.
[39/2014]
(3) However, the Prime Minister need not consult any person under clause (2) if he is satisfied that it is impracticable to do so because of the infirmity of body or mind of that person or for any other reason.
[39/2014]
(4) A Deputy Attorney‑General is, subject to the general direction and control of the Attorney‑General, to perform such duties of the Attorney‑General referred to in Article 35(7) or (8) as may be assigned by the Attorney‑General, and shall be responsible to the Attorney‑General for that due performance.
[39/2014]
(5) In the performance of his duties, a Deputy Attorney‑General has the right of audience in, and takes precedence over any person (other than the Attorney‑General) appearing before, any court or tribunal in Singapore.
[39/2014]
(6) A Deputy Attorney‑General holds office —
(a) until the end of the specific period he is appointed for (without prejudice to reappointment); or
(b) if no period is so specified, until he attains 60 years of age.
[39/2014]
(7) The President may, on the advice of the Prime Minister, permit a Deputy Attorney‑General who has attained the age of 60 years to remain in office for such fixed period as may be agreed between the Deputy Attorney‑General and the Government.
[39/2014]
(8) However, a Deputy Attorney‑General may at any time earlier resign his office by writing under his hand addressed to the President or may be earlier removed under clause (9).
[39/2014]
(9) A Deputy Attorney‑General may be removed from office by the President on the advice of the Prime Minister.
[39/2014]
(10) The Prime Minister may advise the President for the purposes of clause (9) only on the following grounds, with which a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice must concur:
(a) the inability of the Deputy Attorney‑General concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause);
(b) any misbehaviour of the Deputy Attorney‑General concerned.
[39/2014; 38/2019]
(11) A Deputy Attorney‑General is to be paid such remuneration and allowances as may from time to time be determined (all of which are charged on and paid out of the Consolidated Fund), and his terms of service are —
(a) to be prescribed in regulations made by the President and published in the Gazette; or
(b) to be determined by the President in so far as they are not determined by or under any such law.
[39/2014]
(12) The terms of service of a Deputy Attorney‑General must not be altered to his disadvantage during his continuance in office; and in so far as any of those terms of service depend upon his option, any terms that he opts for shall be taken to be more advantageous to him than any for which he might have opted.
[39/2014]
(13) The tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose.
[39/2014]
(14) To avoid doubt, nothing done by a Deputy Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
[39/2014]
Secretary to Cabinet
36.—(1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.
Chapter 3 — Capacity as regards property, contracts and suits
Capacity of Government as regards property, contracts and suits
37.—(1) The Government shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The Government may sue and be sued.
PART 5A
COUNCIL OF PRESIDENTIAL ADVISERS
Interpretation 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 and any alternate member appointed under Article 37C.
[31/2007]
Council of Presidential Advisers
37B.—(1) The Council of Presidential Advisers is established and consists of 8 members.
[28/2016]
(2) In order to ensure that appointments to the Council are made at regular 2‑year intervals, the members of the Council are divided into the following divisions:
(a) the first division, consisting of the following members whose appointments expire on 1 June 2020 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister;
(iii) a member appointed by the President on the advice of the Chief Justice;
(b) the second division, consisting of the following members whose appointments expire on 1 June 2022 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister;
(iii) a member appointed by the President on the advice of the Chairman of the Public Service Commission;
(c) the third division, consisting of the following members whose appointments expire on 1 June 2024 and every sixth year after that:
(i) a member appointed by the President acting in his discretion;
(ii) a member appointed by the President on the advice of the Prime Minister.
[28/2016]
(3) If the seat of a member falls vacant before the member’s appointment expires under clause (2) —
(a) the President may make another appointment to that seat in accordance with the provision of clause (2) under which the vacating member was appointed; and
(b) to avoid doubt, an appointment under paragraph (a) expires in accordance with the provision of clause (2) under which the vacating member was appointed.
[28/2016]
(3A) The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council.
[28/2016]
(4) When the Chairman exercises the functions of the office of the President under Article 22N or 22O, he —
(a) shall not act as the Chairman during the period he so exercises the functions of the office of President; and
(b) shall not take part in any proceedings of the Council during that period.
[31/2007]
(5) Where the Chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the Council for any period —
(a) he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
(b) the alternate member selected under Article 37C(3) to act in place of the member referred to in paragraph (a) shall perform that member’s functions during that same period.
[31/2007]
Alternate members
37C.—(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman.
[31/2007; 28/2016]
(2) For the purposes of making an appointment under clause (1), the President —
(a) shall, acting in his discretion, appoint one person as an alternate member; and
(b) shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member.
[31/2007]
(3) Whenever any member appointed under Article 37B(2) (other than the Chairman) —
(a) is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or
(b) is appointed under Article 37B(5)(a) to act as the Chairman,
an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —
(i) by the President, acting in his discretion, if the member concerned is appointed under Article 37B(2)(a)(i), (b)(i) or (c)(i);
(ii) by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or
(iii) by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is appointed under Article 37B(2)(a)(iii) or (b)(iii), respectively.
[31/2007; 28/2016]
(4) A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E.
[31/2007]
(5) Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier —
(a) resigns in writing addressed to the Chairman;
(b) ceases to be a citizen of Singapore; or
(c) becomes subject to any disqualification referred to in Article 37E.
[31/2007]
(6) The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman, and the alternate member —
(a) may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and
(b) while so acting, shall have and may exercise all the powers and duties of that member.
[31/2007]
(7) The appointment of a person as an alternate member may be terminated at any time by the President —
(a) acting in his discretion, if the alternate member is appointed under clause (2)(a); or
(b) acting on the advice of the Prime Minister (which shall be given only after consulting with the Chief Justice and the Chairman of the Public Service Commission), if the alternate member is appointed under clause (2)(b) on the nomination of the Prime Minister.
[31/2007]
Qualifications of members and considerations in appointing members
37D.—(1) 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.
[28/2016]
(2) The following matters are to be considered by the President before he acts in his discretion to appoint a person as a member, and also by the Prime Minister, Chief Justice and the Chairman of the Public Service Commission before advising the President to appoint a person as a member:
(a) whether the person is a person of integrity, good character and reputation;
(b) whether the person has expertise and experience relevant to the matters on which the Council is required, or may be asked, to advise and make recommendations to the President.
[28/2016]
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 —
(i) been convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); and
(ii) not received a free pardon,
except that where the conviction is by a foreign court, the offence must also be one which, had it been committed in Singapore, would have been punishable by a court in Singapore.
[Act 19 of 2022 wef 27/05/2022]
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 Supreme Court Judge appointed by the Chief Justice and 2 other persons appointed by the Council.
[38/2019]
(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.—(1) 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 Supreme Court Judge the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule.
[31/2007; 38/2019]
(2) Clause (1) shall also apply where an alternate member appointed under Article 37C is selected under Article 37C(3) to act in place of and perform the functions of a member appointed under Article 37B(2), except that an alternate member need not be required, during his term of office as an alternate member, to take such an oath more than once in respect of the occasions when he is so selected to act.
[31/2007; 28/2016]
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 this Constitution.
[28/2016]
President’s general duty to consult Council
37IA.—(1) The President must consult the Council before exercising any discretionary power conferred on him by this Constitution, except the discretionary powers mentioned in clause (2).
[28/2016]
(2) The President may (but need not) consult the Council before exercising —
(a) the President’s discretionary powers under Articles 22G, 22I and 151(4);
(b) the President’s discretionary powers under this Part; or
(c) the following discretionary powers:
(i) the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List;
(ia) the President’s discretion under Article 22Q(1)(c);
[Act 35 of 2023 wef 14/09/2023]
(ii) appointing the Prime Minister in accordance with Article 25(1);
(iii) declaring under Article 26(1)(b) that the office of Prime Minister is vacant;
(iv) authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)(c);
(v) dissolving Parliament under Article 26(1)(b) or 65(2) or (3);
(vi) granting leave of absence to the Chief Justice under Article 98(10).
[28/2016]
President to immediately refer to Council certain cases concerning veto powers
37IB. Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation —
(a) any case where the President’s assent, concurrence or approval is sought and which the President is required to consult the Council under Article 37IA(1); and
(b) any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1).
[28/2016]
Referred cases — time limit for Council to make recommendation
37IC.—(1) Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB —
(a) if the President is required by Article 21A(2)(a) to signify his decision in the case within 30 days, within 15 days after the case is referred to the Council; and
(b) if the President is required by Article 21A(2)(b) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the Council.
[28/2016]
(2) If the Prime Minister issues a certificate of urgency to the President under Article 21A(3)(a) for any case referred to the Council under Article 37IB —
(a) the President must immediately inform the Council of the certificate; and
(b) the Council must give its recommendation to the President by whichever of the following time limits ends earlier:
(i) the time limit in clause (1), including any extension under clause (3);
(ii) at least 5 days before the date on which the President is required by the certificate to signify his decision.
[28/2016]
(3) The President may, acting in his discretion, extend the time limit in clause (1) for any case referred to the Council under Article 37IB, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the Council to give its recommendation less than 5 days before the date on which the President is required to signify his decision under Article 21A.
[28/2016]
(4) If in any case the Council fails to give its recommendation within the time limit in this Article, the Council is deemed to have recommended that the President —
(a) give the assent, concurrence or approval that was sought; or
(b) not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2),
as the case may be.
[28/2016]
Referred cases — matters to be stated in Council’s recommendation, etc.
37ID. In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state —
(a) whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and
(b) the grounds for the Council’s recommendation.
[28/2016]
Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
37IE.—(1) This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to —
(a) refuse to give the assent, concurrence or approval that was sought; or
(b) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2).
[28/2016]
(2) If this Article applies —
(a) the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister;
(b) in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill —
(i) the President must publish in the Gazette the grounds certified under paragraph (a); and
(ii) the President must send the recommendation of the Council in relation to the Bill to the Speaker, who must present the recommendation to Parliament; and
(c) in a case where the President disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the Fifth Schedule, the President must send the grounds certified under paragraph (a) and the recommendation of the Council to —
(i) in the case of a statutory board, the chairman of the statutory board; and
(ii) in the case of a Government company, the chairman of the board of directors of the company.
[28/2016]
Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
37IF.—(1) Parliament may, by resolution, overrule the President, if —
(a) in a case referred to the Council under Article 37IB, the President acts in his discretion to —
(i) refuse to give the assent, concurrence or approval that was sought; or
(ii) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and
(b) the President’s decision was made contrary to the Council’s recommendation.
[28/2016]
(2) A resolution under clause (1) —
(a) may only be passed on a motion for which notice has been given by a Minister;
(b) except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government —
(i) causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)(a), to be published in the Gazette; and
(ii) sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and
(c) must be passed by no less than two‑thirds of the total number of Members of Parliament (excluding nominated Members).
[28/2016]
(3) Despite clause (1) —
(a) a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and
(b) a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule,
cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision.
[28/2016]
(4) If Parliament overrules the President under clause (1), the President is deemed —
(a) to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or
(b) never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2),
as the case may be.
[28/2016]
(5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C and 22H.
[28/2016]
Quorum and voting
37IG.—(1) The Council must not transact any business unless a quorum of 5 members, including the Chairman or the member appointed under Article 37B(5)(a) to act as the Chairman, is present.
[28/2016]
(2) Any recommendation or decision of the Council must be made by a majority of members present and voting.
[28/2016]
(3) If on any question before the Council the members are equally divided, the Chairman has a casting vote in addition to his original vote.
[28/2016]
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 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.
[28/2016]
(2) [Deleted by Act 28 of 2016]
(2A) [Deleted by Act 28 of 2016]
(2B) [Deleted by Act 28 of 2016]
(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.
[28/2016]
37K. [Repealed by Act 28 of 2016]
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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