Singapore 1963 Constitution (reviewed 2016)

PART VA. COUNCIL OF PRESIDENTIAL ADVISERS

37A. Interpretation of this Part

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.

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37B. Council of Presidential Advisers

1. The Council of Presidential Advisers is established and consists of 8 members.
2. (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:
   1. the first division, consisting of the following members whose appointments expire on 1 June 2020 and every sixth year after that:
      1. a member appointed by the President acting in his discretion;
      2. a member appointed by the President on the advice of the Prime Minister;
      3. a member appointed by the President on the advice of the Chief Justice;
   2. the second division, consisting of the following members whose appointments expire on 1 June 2022 and every sixth year after that:
      1. a member appointed by the President acting in his discretion;
      2. a member appointed by the President on the advice of the Prime Minister;
      3. a member appointed by the President on the advice of the Chairman of the Public Service Commission;
   3. the third division, consisting of the following members whose appointments expire on 1 June 2024 and every sixth year after that:
      1. a member appointed by the President acting in his discretion;
      2. a member appointed by the President on the advice of the Prime Minister.
3. If the seat of a member falls vacant before the member’s appointment expires under clause (2) —
   1. 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
   2. to avoid doubt, an appointment under paragraph (a) expires in accordance with the provision of clause (2) under which the vacating member was appointed.
4. The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council.
5. When the Chairman exercises the functions of the office of the President under Article 22N or 22O, he—
   1. shall not act as the Chairman during the period he so exercises the functions of the office of President; and
   2. shall not take part in any proceedings of the Council during that period.
6. 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—
   1. he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
   2. 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.

37C. Alternate members

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.
2. For the purposes of making an appointment under clause (1), the President—
   1. shall, acting in his discretion, appoint one person as an alternate member; and
   2. 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.
3. Whenever any member appointed under Article 37B (2) (other than the Chairman)—
   1. is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or
   2. 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)—

   1. by the President, acting in his discretion, if the member concerned is appointed under Article 37B(2)(a)(i), (b)(i) or (c)(i);
   2. by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or
   3. 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.
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.
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—
   1. resigns in writing addressed to the Chairman;
   2. ceases to be a citizen of Singapore; or
   3. becomes subject to any disqualification referred to in Article 37E.
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—
   1. 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
   2. while so acting, shall have and may exercise all the powers and duties of that member.
7. The appointment of a person as an alternate member may be terminated at any time by the President—
   1. acting in his discretion, if the alternate member is appointed under clause (2) (a); or
   2. 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.

37D. Qualifications of members and considerations in appointing members

1. No person shall be qualified to be appointed as a member unless he —
   1. is a citizen of Singapore;
   2. is not less than 35 years of age;
   3. is a resident of Singapore; and
   4. is not liable to any of the disqualifications referred to in Article 37E.
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:
   1. whether the person is a person of integrity, good character and reputation;
   2. 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.

37E. Disqualifications of members

A person shall be disqualified for appointment as a member if he—

1. is or has been found or declared to be of unsound mind;
2. is insolvent or an undischarged bankrupt; or
3. has been convicted of an offence by a court of law in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:Provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore.

37F. Termination of membership

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—
   1. if he ceases to be a citizen of Singapore;
   2. if, by writing under his hand addressed to the Chairman, he resigns his seat; or
   3. if he becomes subject to any of the disqualifications referred to in Article 37E.

37G. Determination of questions as to membership

1. Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 other persons appointed by the Council.
2. Any tribunal constituted under clause (1) shall—
   1. sit in private;
   2. afford the person concerned adequate opportunity to call witnesses and be heard; and
   3. report its decision to the Chairman.
3. The decision of the tribunal shall be final and shall not be questioned in any court.

37H. Oaths of Allegiance and Secrecy

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 Judge of the Supreme Court the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule.
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.

37I. Function of Council

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

37IA. President’s general duty to consult Council

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).
2. The President may (but need not) consult the Council before exercising —
   1. the President’s discretionary powers under Articles 22G, 22I and 151(4);
   2. the President’s discretionary powers under this Part; or
   3. the following discretionary powers:
      1. the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List;
      2. appointing the Prime Minister in accordance with Article 25(1);
      3. declaring under Article 26(1)(b) that the office of Prime Minister is vacant;
      4. authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)(c);
      5. dissolving Parliament under Article 26(1)(b) or 65(2) or (3);
      6. granting leave of absence to the Chief Justice under Article 98(10).

37IB. President to immediately refer to Council certain cases concerning veto powers

Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation —

1. 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
2. any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1)

37IC. Referred cases — time limit for Council to make recommendation

1. Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB —
   1. 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
   2. 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.
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 —
   1. the President must immediately inform the Council of the certificate; and
   2. the Council must give its recommendation to the President by whichever of the following time limits ends earlier:
      1. the time limit in clause (1), including any extension under clause (3);
      2. at least 5 days before the date on which the President is required by the certificate to signify his decision.
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.
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 —
   1. give the assent, concurrence or approval that was sought; or
   2. not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2),

   as the case may be.

37ID. Referred cases — matters to be stated in Council’s recommendation, etc

In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state —

1. whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and
2. the grounds for the Council’s recommendation.

37IE. Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc

1. This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to —
   1. refuse to give the assent, concurrence or approval that was sought; or
   2. disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2).
2. If this Article applies —
   1. the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister;
   2. in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill —
      1. the President must publish in the Gazette the grounds certified under paragraph (a); and
      2. 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
   3. 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 —
      1. in the case of a statutory board, the chairman of the statutory board; and
      2. in the case of a Government company, the chairman of the board of directors of the company.

37IF. Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation

1. Parliament may, by resolution, overrule the President, if —
   1. in a case referred to the Council under Article 37IB, the President acts in his discretion to —
      1. refuse to give the assent, concurrence or approval that was sought; or
      2. disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and
   2. the President’s decision was made contrary to the Council’s recommendation.
2. A resolution under clause (1) —
   1. may only be passed on a motion for which notice has been given by a Minister;
   2. 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 —
      1. 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
      2. sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and
   3. must be passed by no less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
3. Despite clause (1) —
   1. a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and
   2. 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.

4. If Parliament overrules the President under clause (1), the President is deemed —
   1. to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or
   2. never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2),

   as the case may be.

5. This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C* and 22H.*Articles 5A, 5B and 5C are not in operation.

37IG. Quorom and voting

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.
2. Any recommendation or decision of the Council must be made by a majority of members present and voting.
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.

37J. Proceedings of Council

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.
2. Deleted by Act 28 of 2016 wef 01/04/2017.
3. Deleted by Act 28 of 2016 wef 01/04/2017.
4. Deleted by Act 28 of 2016 wef 01/04/2017.
5. 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.

1. Repealed by Act 28 of 2016 wef 01/04/2017.

37L. Fees

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.

37M. Appointment of staff

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.