The judicial power of Singapore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.
93A. Jurisdiction to determine questions as to validity of Presidential election
All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).
The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final.
The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act (Cap. 322).
94. Constitution of Supreme Court
The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law.
The Court of Appeal shall consist of the Chief Justice and the Judges of Appeal.
The High Court shall consist of the Chief Justice and the Judges of the High Court.
A Judge of Appeal may sit in the High Court on such occasion as the Chief Justice requires.
A Judge of the High Court may sit in the Court of Appeal on such occasion as the Chief Justice requires.
A person appointed under Article 95(4) to exercise the powers and perform the functions of a Judge of the High Court may, in accordance with the terms of his appointment and subject to Article 95(7), (8), (9) and (10), as the case may be —
sit in the High Court; and
sit in the Court of Appeal on such occasion as the Chief Justice requires.
95. Appointment of Judges of Supreme Court, etc
The Chief Justice, the Judges of Appeal and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.
The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Judge of the Supreme Court or has ceased to be a Judge of the Supreme Court, to be the Chief Justice, a Judge of Appeal or a Judge of the High Court for a specified period.
The office of a Judge of the Supreme Court shall not be abolished during his continuance in office.
In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister —
appoint a person who is qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court;
appoint a person who has ceased to be a Judge of the Supreme Court to be a Senior Judge of the Supreme Court; or
appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge of the Supreme Court.
For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may —
be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or
be appointed for a specified period.
Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice.
A Judicial Commissioner of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify.
A Senior Judge and an International Judge of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9).
The Chief Justice may —
from time to time, require a Senior Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and
from time to time and subject to clause (10), require an International Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify.
Parliament may by law limit the classes of cases that may be heard and determined by an International Judge of the Supreme Court.
Anything done by a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court.
96. Qualifications of Judges of Supreme Court
A person is qualified for appointment as a Judge of the Supreme Court if he has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2 of the Legal Profession Act (Cap. 161) or a member of the Singapore Legal Service, or both.
97. Oath of Office of Judges of Supreme Court, etc
Every person appointed as a Judge of the Supreme Court or a Judicial Commissioner or a Senior Judge of the Supreme Court shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule.
Every person appointed as an International Judge of the Supreme Court shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule.
Notwithstanding clauses (1) and (1A), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court who is appointed under Article 95(4) to hear and determine a specified case need not be required to take the Oath of Office again if a period of less than 12 months intervenes between the date of his judgment in any specified case he is so appointed to hear and determine and the start of hearing for the next specified case.
98. Tenure of office and remuneration of Judges of Supreme Court, etc
Subject to this Article, a person appointed as a Judge of the Supreme Court under Article 95(1) shall hold office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the President may approve.
A Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with clauses (3), (4) and (5).
If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding office as a Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall appoint a tribunal in accordance with clause (4) and shall refer that representation to it; and may on the recommendation of the tribunal remove the person from office.
The tribunal shall consist of not less than 5 persons who hold or have held office as a Judge of the Supreme Court, or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the Chief Justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of 2 members with appointments of the same date).
Pending any reference and report under clause (3), the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court, after consulting the Chief Justice, suspend a Judge of the Supreme Court, or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court (as the case may be) from the exercise of his functions.
Parliament shall by law provide for the remuneration of the Judges of the Supreme Court and the remuneration so provided shall be charged on the Consolidated Fund.
Subject to this Article, Parliament may by law provide for the terms of office of the Judges of the Supreme Court, other than their remuneration, and may provide that any gratuity payable in respect of service as a Judge of the Supreme Court shall be charged on the Consolidated Fund.
The remuneration and other terms of office (including any pension or gratuity) of a Judge of the Supreme Court shall not be altered to his disadvantage after his appointment.
Notwithstanding clause (1), the validity of anything done by a Judge of the Supreme Court shall not be questioned on the ground that he had attained the age on which he was required to retire.
The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Judge of the Supreme Court.
99. Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
The conduct of a Judge of the Supreme Court or a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the Members of Parliament.
If you enjoy this article, please do not forget to check out our other articles:
The President may refer to a tribunal consisting of not less than 3 Judges of the Supreme Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise.
Where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the President, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any Judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons.
The opinion of the majority of the Judges in the tribunal shall, for the purposes of this Article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court.
No court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the Bill for which has been the subject of a reference to a tribunal by the President under this Article.
101. Definition of “office
In this Part, “office”, in relation to a Judge of the Supreme Court, means the office as Chief Justice, Judge of Appeal or Judge of the High Court, as the case may be.
Please check out our other thought-provoking articles if you did like this one:
