Category Archives: CIVIL

Current Exchange Rate in India [Notification dated the 21st June, 2018]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)
*****

Notification No.55/2018 – Customs (N.T.)
New Delhi, dated the 21st June, 2018
31 Jyaistha 1940 (SAKA)

 

In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Central Board of Indirect Taxes and Customs No.49/2018-CUSTOMS (N.T.), dated 7th June, 2018 except as respects things done or omitted to be done before such supersession, the Central Board of Indirect Taxes and Customs hereby determines that the rate of exchange of conversion of each of the foreign currencies specified in column (2) of each of Schedule I and Schedule II annexed hereto, into Indian currency or vice versa, shall, with effect from 22nd June, 2018, be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.

SCHEDULE-I

Sl.No. Foreign Currency Rate of exchange of one unit of foreign currency equivalent to Indian rupees

(For Imported Goods) (For Export Goods)

  1. Australian Dollar 51.65     49.20
  2. Bahrain Dinar 186.60        174.80
  3. Canadian Dollar 52.25       50.40
  4. Chinese Yuan 10.70           10.35
  5. Danish Kroner 10.80        10.40
  6. EURO 80.30                         77.35
  7. Hong Kong Dollar 8.85      8.55
  8. Kuwait Dinar 233.05        218.10
  9. New Zealand Dollar 48.00 45.85
  10. Norwegian Kroner 8.50 8.15
  11. Pound Sterling 91.35 88.15
  12. Qatari Riyal 19.30                18.25
  13. Saudi Arabian Riyal 18.80 17.60
  14. Singapore Dollar 51.10 49.20
  15. South African Rand 5.15 4.85
  16. Swedish Kroner 7.80 7.55
  17. Swiss Franc 69.80             67.05
  18. UAE Dirham 19.20            18.00
  19. US Dollar 69.10                67.40

SCHEDULE-II
Sl.No. Foreign Currency Rate of exchange of 100 units of foreign
currency equivalent to Indian rupees
(1) (2) (3)
(a) (b)
(For Imported Goods) (For Export Goods)
1. Japanese Yen 62.90 60.55

[F.No. 468/01/2018-Cus.V]
(Dr. Sreeparvathy S.L.)
Under Secretary to the Govt. of India
TELE: 011-2309 5541

READ THE ORIGINAL NOTIFICATION

No power in a republic is irresponsible or irresponsive, the people in the last resort being the repositories and beneficiaries of public power.

G. Krishta Goud and J. Bhoomaiah  
Versus
State of Andhra Pradesh and Others

(1976) 1 SCC 157 : (1976) 2 SCR 73

(SUPREME COURT OF INDIA)

No power in a republic is irresponsible or irresponsive, the people in the last resort being the repositories and beneficiaries of public power. But two limitations exist in our Constitutional system. The Court cannot intervene everywhere as an omniscient, omnipotent or omnipresent being. And when the Constitution, as here, has empowered the nation’s highest Executive, excluding by implication, judicial review, it is officious encroachment, at once procedurally ultra vires and upsetting comity of high instrumentalities, for this Court to be a super-power unlimited. The second limitation conditions all public power, whether a court oversees or no. That trust consists in the purity of public authorities. All power, however majestic the dignitary wielding it, shall be exercised in good faith, with intelligent and informed care and honestly for the public well.

8. Counsel’s contention that equality is denied in the matter of sentence where some get the benefit of clemency while others do not, has no foundation nor is there any trace of despotism involved in this matter in the case before us. The Court has deliberately awarded death sentence. The President is expected to, and we are sure will, consider all facts and circumstances bearing on the just discharge of his high duty. When the President is the custodian of the power, the Court makes an almost extreme presumption in favour of bonafide exercise. We have not been shown any demonstrable reason or glaring ground to consider the refusal of commutation in the present case as motivated by malignity or degraded by abuse of power. We therefore cannot find out way to interfere with what the President has done.

9. We must however sound a note of caution. Absolute, arbitrary, law-unto-oneself, malafide execution of public power, if gruesomely established, the Supreme Court may not be silent or impotent, Assuming as proved the case of a President gripped by communal frenzy and directing commutation of all the penalties where the convict belongs to a certain community and refusing outright where the convict belongs to a different community, there may be, as Shri Garg urged, a dilemma for the Court. Assuming the Governor in exercise of his power under Article 161 refusing to consider cases of commutation where the prisoner is above 40 years of age as a rule of thumb or arbitrarily out of personal vendatta rejecting the claim of clemency of a condemned prisoner, is the Court helpless? This large interrogation is highly hypothetical and whether the remedy is in Court or by impeachment in Parliament or by rising resentment in public opinion, it is not for us to examine now. Enough unto the day is the evil thereof.

A Constitutional order built on the founding faith of the rule of law may posit wide powers in high functionaries and validly exclude judge-power from eating these forbidden fruits. Article 72 (and Article 161) designedly and benignantly vests in the highest executive the humane and vast jurisdiction to remit, reprieve, respite, commute and pardon criminals on whom judicial sentences may have been imposed. Historically, it is a sovereign power; politically, it is a residuary power; humanistically, it is in aid of intangible justice where imponderable factors operate for the well-being of the community, beyond the blinkered court process. In Nanavati, 1961 CriLJ 173 this Court half-explored the area of ‘mercy’ power but switched on to a different question without pronouncing on the Court’s review of Presidential exercise of commutation or respite power. Sinha C J , speaking for the Court, observed :

Pardon is one of the many prerogatives which have been recognised since time immemorial as being vested in the sovereign, wherever the sovereignty might lie, Whether the sovereign happened to be an absolute monarch or a popular republic or a Constitutional king or queen, sovereignty has always been associated with the source power the power to appoint or dismiss public servants, the power to declare war and conclude peace, the power to legislate and the power to adjudicate upon all kinds of disputes.

(P. 516)

**********

“The Rule of Law, in contradistinction to the rule of man, include within its wide connotation the absence of arbitrary power, submission to the ordinary law of the land, and the equal protection of the laws. As a result of the historical process aforesaid, the absolute and arbitrary power of the monarch came to be canalised into three distinct wings of the Government”.

(P. 517)

 

Digest Indian Contract Act

A.S. Motors Pvt. Ltd. Vs. Union of India, (2013)10SCC114
Bharat Petroleum Corporation Ltd. Vs. Chembur Service Station,(2011)3SCC710
Bharat Sanchar Nigam Ltd. Vs. BPL Mobile Cellular Ltd.,(2008)13SCC597
Bharti Airtel Ltd. Vs. Union of India, 2015(6)SCALE479
Central Bank of India Vs. C.L. Vimla, 2015(5)SCALE615
Chloro Controls (I) P. Ltd. Vs. Severn Trent Water Purification Inc.,(2013)1SCC641
Citadel Fine Pharmaceuticals Vs. Ramaniyam Real Estates P. Ltd.,2011(8)SCALE301
Construction & Design Services Vs. Delhi Development Authority,MANU/SC/0313/2015
Export Credit Guarantee Corpn. of India Ltd. Vs. Garg SonsInternational, (2014)1SCC686
I.S. Sikandar (D) by LRs Vs. K. Subramani, 2013 Indlaw SC 862
J.P. Builders Vs. A. Ramadas Rao,(2011)1SCC429
Mary Vs. State of Kerala, 2013(13)SCALE151
Pramod Buildings and Developers (P) Ltd. Vs. Shanta Chopra,(2011)4SCC741
State of Kerala Vs. M.K. Jose, MANU/SC/0869/2015
Swiss Timing Limited Vs Organising Committee, CommonwealthGames 2010, (2014)6SCC677
Zonal Manager, Central Bank of India Vs. Devi Ispat Ltd., (2010)11SCC186

The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

In Bathutmal Raichand Oswal vs. Laxmibai R. Tarta and another, (1975) 1 SCC 858, this Court held :

“The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal when the Legislature has not conferred a right of appeal and made the decision of the subordinate Court or Tribunal final on facts.”

33. In State through Special Cell, New Delhi vs. Navjot Sandhu alias Afshan Guru and others, (2003) 6 SCC 641 this Court explained the power of the High Court under Article 227 thus :

“Thus the law is that Article 227 of the Constitution of India gives the High Court the power of superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction. This jurisdiction cannot be limited or fettered by any Act of the State Legislature. The supervisory jurisdiction extends to keeping the subordinate Tribunals within the limits of their authority and to seeing that they obey the law. The powers under Article 227 are wide and can be used, to meet the ends of justice. They can be used to interfere even with an interlocutory order. However the power under Article 227 is a discretionary power and it is difficult to attribute to an order of the High Court, such a source of power, when the High Court itself does not in terms purport to exercise any such discretionary power. It is settled law that this power of judicial superintendence, under Article 227, must be exercised sparingly and only to keep subordinate Courts and Tribunals within the bounds of their authority and not to correct mere errors. Further, where the statute bans the exercise of revisional powers it would require very exceptional circumstances to warrant interference under Article 227 of the Constitution of India since the power of superintendence was not meant to circumvent statutory law. It is settled law that the jurisdiction under Article 227 could not be exercised “as the cloak of an appeal in disguise”.”

34. The aforesaid two decisions and few other decisions, namely, Chandavarkar Sita Ratna Rao vs. Ashalata S. Guram, (1986) 4 SCC 447; State of Maharashtra vs. Milind and others (2001) 1 SCC 4, Ranjeet Singh vs. Ravi Prakash, (2004) 3 SCC 682, came to be considered by this Court in the case of Shamshad Ahmad and others vs. Tilak Raj Bajaj (Deceased) through L.Rs. and others, (2008) 9 SCC 1 and this Court held :

“Though powers of a High Court under Articles 226 and 227 are very wide and extensive over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction, such powers must be exercised within the limits of law. The power is supervisory in nature. The High Court does not act as a Court of appeal or a Court of error. It can neither review nor re-appreciate, nor re-weigh the evidence upon which determination of a subordinate Court or inferior Tribunal purports to be based or to correct errors of fact or even of law and to substitute its own decision for that of the inferior Court or Tribunal. The powers are required to be exercised most sparingly and only in appropriate cases in order to keep the subordinate Courts and inferior Tribunals within the limits of law.”

35. In light of the aforesaid legal position concerning jurisdiction of the High Court under Article 227, which the High Court failed to keep in mind, it must be held that in the facts and circumstances of the case and the findings recorded by the Additional Rent Controller as well as the Administrative Tribunal, High Court was not justified in interfering with the concurrent orders of eviction based on the ground of sub-letting in exercise of its power under Article 227 of the Constitution of India.

Babhutmal Raichand Oswal vs. Laxmibai R. Tarta and Anr., (1975) 1 SCC 858, dealing with supervisory power of a High Court under Article 227 of the Constitution, Bhagwati, J. (as His Lordship then was) stated;

“If an error of fact, even though apparent on the face of the record, cannot be corrected by means of a writ of certiorari it should follow a fortiori that it is not subject to correction by the High Court in the exercise of its jurisdiction under Article 227. The power of superintendence under Article 227 cannot be invoked to correct an error of fact which only a superior court can do in exercise of its statutory power as a court of appeal. The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a court of appeal when the legislature has not conferred a right of appeal and made the decision of the subordinate court or tribunal final on facts”.

In Ranjeet Singh vs. Ravi Prakash, (2004) 3 SCC 682, again this Court while interpreting the provisions of the Act in question, held that the High Court, while exercising powers under Articles 226 and 227 of the Constitution, cannot act like an appellate Court and re-appreciate or re-evaluate the evidence while exercising certiorari or supervisory jurisdiction. Only a patent error which did not require establishment by lengthy and complicated arguments or by long drawn process of reasoning is amenable to certiorari jurisdiction. If two opinions were reasonably possible, the finding arrived at one way or the other by the appellate authority, cannot be disturbed.

 

Property held as joint tenancy passes on the death of one joint tenant, by survivorship. Among tenants-in-common, it passes by succession.

These questions are manifestations of the concepts of property know as “joint tenancy” and “tenancy-in-common”. They are marked by distinct features. Property held as joint tenancy passes on the death of one joint tenant, by survivorship. Among tenants-in-common, it passes by succession. Even among Hindus a joint gift or bequest creates tenancy-in-common. (Principles of Hindu Law Sir D.F Mulla, Fourteenth Edition, Pge 471).

Joint tenancy can be created by the joint tenants at the same time, usually through a deed. For example, an unmarried couple purchases a house. At the time of purchase, the real estate agent asks the couple how they want to own the home. If they opt for joint tenancy, the deed to the property will then name the two owners as joint tenants. Then if one person dies, the other person will automatically become the full owner of the property.When a property is owned by joint tenants, the interest of a deceased owner automatically gets transferred to the remaining surviving owners. A joint tenancy can be broken if one of the tenants transfers or sells his or her interest to another person, thus changing the ownership arrangement to a tenancy in common for all parties

It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased-tenant. The incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable therefor. That is the position as between the landlord and the heirs of the deceased-tenant. In other words, the heirs succeed to the tenancy as joint tenants.

In the case of coparceners of a Joint Hindu Family governed by the Mitakshara School of Hindu Law, persons inheriting a property, take the same as tenants-in-common and not as joint tenants. There is also no doubt that the estate of a lessee or a monthly tenancy is property within the meaning of Section 19 of the Hindu Succession Act. The defendants, therefore, inherited the property, namely, the monthly tenancy of their predecessor-in-interest as tenants-in-common and not as joint tenants. Section 19 of the Hindu Succession Act, 1956 states inter alia, that if two or more heirs succeed together with a property of an intestate, they should take the property save as otherwise expressly provided in the Act, per capita and not per stirpes and as tenant-in-common and not as joint tenants.

In this context, the general provisions relating to Hindu succession envisaged in the Hindu Succession Act, 1956 has significance. Section 19(b) of the said Act provides as under:

“if two or more heirs succeed together to the property of an intestate, they shall take the property , as tenants in common and not as joint-tenants”.

 joint tenancy is, that it connotes unity to title, possession, interest and commencement of title but in a case of tenancy-in-common or co-tenancy, there may be unity of possession and commencement of title, but the other two features would be absent. The Allahabad High Court in its Full Bench decision in the case of Ram Awalamb v. Jata Sankar, (FB) has explained such differences between joint tenancy and tenancy-in-common or co-tenancy in a very lucid way in paragraph 41 at pages 534-535 of the said decision in the following manner:

“41. ……. …….. …….. ……..

According to Halsbury’s Laws of England (Vol. 32, page 332) joint tenants are those who form one body of ownership. Each tenant has an identical interest in the whole land and every part of it. The title of each arises by the same act. The interest of each is the same in extent, nature and duration. Thus joint tenancy connotes four ideas — unity of title, unity of possession, unity of interest and unity of commencement of title. In a tenancy-in-common also there may be unity of possession and where title is derived from a common sale deed or by inheritance from one person it might very well commence at one and the same time. However, other ingredients which would be the main ingredients of the joint tenancy would be missing.”

Supreme Court itself in the case of Syed Shah Gulam Ghouse Mohiuddin v. Syed Shah Ahmad Mohiuddin Kamisul Qadri, . In paragraph 12 at page 2188 of its said decision, the Supreme Court observed inter alia, as follows :–

“…….. The estate of a deceased Mohammedan devolves on his heirs at the moment of his death. The heirs succeed to the estate as tenants-in-common in specific shares. Where the heirs continue to hold the estate as tenants-in-common without dividing it and one of them subsequently brings a suit for recovery of the share the period of limitation for the suit does not run against him from the date of the death of the deceased but from the date of express ouster or denial of title and Article 144 of Schedule-I to the Limitation Act, 1908 would be the relevant Article.”

Tenancy rights are property rights, therefore, the same has been the subject of inheritance and rent control laws. Fundamentally, the legal relationship of the landlord and tenant are regulated and controlled by the specific statue such as the Rent Control Act. If the tenant or landlord dies intestate, the rights and obligations of the landlord and tenant, respectively, shall be governed by the provisions of Rent Control Act being a special statute. Moreover, if the special statute does not provide the method and manner in which the right of survivorship or devolution with respect to the legal heirs of landlord or tenant, as the case may be; naturally, then the provisions of Succession Act would be applicable, depending on the religion of the landlord or tenant.

 H.C. Pandey v. G.C. Paul, 1989 SC 1470. Therefore, the observations and reports in H.C. Pandey (Supra) are important which reads as under:

“It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidences of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable therefore. That is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants.

PRECIS WRITING WITH MODEL ANSWER

PREVIOUS PAGE

Make Precis and give suitable Title.

  1. In early civilisations, most communities were sharply divided into two classes, Precis Writing those who laboured and those who did not. The small number of rulers – kings, priests, military leaders – lived in great comfort, and did very little work. The vast majority of the population enjoyed very few comforts, did a lot of work, and had scarcely any political power. In some societies, there was an even more wretched
    class, the slaves, who had no rights at all.
    The Industrial Revolution of Europe led to the production of vast quantities of goods, and workers began to be dissatisfied with their poverty. The factory owners needed skilled workers, and gradually they realised that they must show goodwill to their workforce, in order to stay in business. As in many other reforms, some enlightened slowly spread that workers were entitled to some consideration. Since men were free to work for any master they chose, good master soon had the pick of the workers and old-fashioned employers found themselves with a factory full of lower-grade workforce. Such a situation soon led to an all-round improvement in standards, and good employers tried to raise working conditions still higher. These improvements were speeded up by the increased orgnisation of workers in Trade Union movements, particularly in low-standard factories, where the owner often had to deal with strike action by dissatisfied workers.
    Now that the working classes are getting better and better working conditions, the need to strike has lessened considerably; and employers and workers alike have come to realise that they depend on each other for their livelihood. (292 words)

INDUSTRIAL REVOLUTION AND THE WORKING CLASS

ANSWER: An important feature of this century is the improvement of the lot of the workers. In earlier ciyilisations, kings, priests, etc., lived confortably doing little, while the majority vhrked hard with few comforts and rights. Some societies had slaves too. During the Industrial Revolution, production increased and workers started feeling
dissatisfied. Clever employers attracted the best workers by offering better conditions and thus led to improvement in production. Some employers thought that workers had a right to better conditions. Soon Trade unions were organised to fight for workers rights with srrikes, if necessary. Now, there is increasing realisation of the mutual dependence of employers and their workers. (107 words)

2. The chief object of the repetitive form of advertisement is to help people to remember the prduct. The general principle is similar to that followed by Bajaj Automotives Ltd: “You just can’t beat a bajaj”. The repetition of a phrase, the inclusion of a trade name or a trade mark in every advertisement; is intended to impress upon the mind of the reader listener that name or phrase or picture. The response sought by the advertiser is achieved when a customer enters a shop for, say, toothpaste. To the shop-keeper’s question, “hy particular brand, please?, . the customer gives the reply that is in his mind, not necessarily because he has arrived at a decision by any process of reasoning, nor because some strong feeling has been aroused for some particular brand, but simply because he has repeatedly seen the name, wd it is associated in his mind with the idea of a good toothpaste. k Some trade names become so common that they displace the true name of the commodity itself, such as ‘vaseline’, the well-known trade name for ‘petroleum jelly’. Advertisements which have relied on repetition have, in the past, proved very powerful, b”t with the increased variety of proprietary articles and products
intended for the same purpose, this kind of advertising is losing some ok its value because of the confusion of names that arise in a customer’s mind when he wishes
to buy, say, cigarettes, tobacco, soap, chocolates, tea and other goods which are widely used. (248 words)

ADVERTISING BY REPETITION

ANSWER: The use of repetition is the simplest form of advertising. In advertisements, repeated use of a particular phrase or trade-mark aims to make such an impression on the customer that he will tend to buy that product. Indeed, some trade-names, ‘vaseline’ for example, have become so well known that they are used instead of the real name of the products. Owing to the large number of consumer articles and products now in the market, advertising by repetition is less effective than it was in the past. (87 words)


Make Precis and give suitable Title.

1]  Trees give shade for the benefit of others, and while they themselves stand in the sun and endure the scorching heat, they produce the fruit of which others profit. The character of good men is like that of trees. What is the use of this perishable body if no use is made of it for the benefit of mankind? Sandalwood, the more it is rubbed, the more scent does it yield. Sugarcane, the more it is peeled and cut up into pieces, the more juice does it produce. The men who are noble at heart do not lose their qualities even in losing their lives. What matters whether men praise them or not? What difference does it make whether they die at this moment or whether lives are prolonged? Happen what may, those who tread in the right path will not set foot in any other. Life itself is unprofitable to a man who does not live for others. To live for the mere sake of living one’s life is to live the life of dog and crows. Those who lay down their lives for the sake of others will assuredly dwell forever in a world of bliss.

Precis

Good men live for others
The character of good men is like that of trees. They live for others and do not lose their qualities even in losing their lives. They always follow the right path. Praise is immaterial to them To live for one’s own sake is to lead the life of beasts. Only those who lay down their lives for others will live for ever in a world of bliss.

2] It is physically impossible for a well-educated, intellectual, or brave man to make money the chief object of his thoughts just as it is for him to make his dinner the principal object of them. All healthy people like their dinners, but their dinner is not the main object of their lives. So all healthy minded people like making money ought to like it and enjoy the sensation of winning it; it is something better than money.

A good soldier, for instance, mainly wishes to do his fighting well. He is glad of his pay—very properly so and justly grumbles when you keep him ten years without it—till, his main mission of life is to win battles, not to be paid for winning them. So of clergymen. The clergyman’s object is essentially baptize and preach not to be paid for preaching. So of doctors. They like fees no doubt—ought to like them; yet if they are brave and well-educated the entire object to their lives is not fees. They on the whole, desire to cure the sick; and if they are good doctors and the choice were fairly to them, would rather cure their patient and lose their fee than kill him and get it. And so with all the other brave and rightly trained men: their work is first, their fee second—very important always; but still second.

Precis

Money-making is a common attraction in life. But it cannot be the principal aim of well educated, cultured and brave man. A brave soldier prizes honour and victory more than his pay. A good clergyman is more interested in the moral welfare of his people than his returns. A doctor (good) values the care of his patient far more than his fees. Thus with all the well-educated, intellectual persons, their work is first, money next.

3] Home is the young, who known “nothing of the world and who would be forlorn and sad, if thrown upon it. It is providential, shelter of the weak and inexperienced, who have to learn as yet to cope with the temptations which lies outside of it. It is the place of training of those who are not only ignorant, but have no yet learnt how to learn, and who have to be taught by careful individual trail, how to set about profiting by the lessons of teacher. And it is the school of elementary studies—not of advances, for such studies alone can make master minds. Moreover, it is the shrine of our best affections, the bosom of our fondest recollections, at spell upon our after life, a stay for world weary mind and soul; wherever we are, till the end comes. Such are attributes or offices of home, and like to these, in one or other sense or measure, are the attributes and offices of a college in a university.

Precis

Home shelters the young who are weak and inexperienced and unable to face the temptations in life. It is a centre of their elementary education and a nursery of sweet affections and pleasant memories. Its magic lasts forever. A weary mind turns to it for rest. Such is the function of a home and in some measure of the

4] Teaching is the noblest of professions. A teacher has a scared duty to perform. It is he on whom rests the responsibility of moulding the character of young children. Apart from developing their intellect, he can inculcate in them qualities of good citizenship, remaining neat and clean, talking decently and sitting properly. These virtues are not easy to be imbibed. Only he who himself leads a life of simplicity, purity and rigid discipline can successfully cultivate these habits in his pupils.

Besides a teacher always remain young. He may grow old in age, but not in spite. Perpetual contact with budding youths keeps him happy and cheerful. There are moments when domestic worries weigh heavily on his mind, but the delightful company of innocent children makes him overcome his transient moods of despair.

Precis

Teaching is the noblest profession. A teacher himself leading a simple, pure and disciplined life can mould the character of the young children and make them neat and good mannered citizens. Besides he remains every young forgetting his own domestic worries in the constant company of the young.

5] English education and English language have done immense goods to India, inspite of their glaring drawbacks. The notions of democracy and self-government are the born of English education. Those who fought and died for mother India’s freedom were nursed in the cradle of English thought and culture. The West has made contribution to the East. The history of Europe has fired the hearts of our leaders. Our struggle for freedom has been inspired by the struggles for freedom in England, America and France. If our leaders were ignorant of English and if they had not studied this language, how could they have been inspired by these heroic struggles for freedom in other lands? English, therefore, did us great good in the past and if properly studied will do immense good in future.

English is spoken throughout the world. For international contact our comrherce and trade, for the development of our practical ideas, for the scientific studies, English-is indispensable “English is very rich in literature,” our own literature has been made richer by this foreign language. It will really be a fatal day if we altogether forget Shakespeare, Milton, Keats and Shaw.

Precis

Notwithstanding its various defects English education has done great good to India. The ideas of democracy and self-government are its gifts. Nursed on English education the Indian leaders were inspired by the Western thought, culture and freedom struggles. They fought for and won their motherland’s freedom. Being spoken thought-out the world English is necessary for interna­tional contact, trade, commerce and science. English is rich in literature; its master mind cannot be neglected.

6] When we survey our lives and efforts we soon observe that almost the whole of our actions and desires are bound up with the existence of other human beings. We notice that whole nature resembles that of the social animals. We eat food that others have produced, wear clothes that others have made, live in houses that others have built. The greater part of our knowledge and beliefs has been passed on to us by other people though the medium of a language which others have created. Without language and mental capacities, we would have been poor indeed comparable to higher animals.

We have, therefore, to admit that we owe our principal knowledge over the least to the fact of living in human society. The individual if left alone from birth would remain primitive and beast like in his thoughts and feelings to a degree that we can hardly imagine. The individual is what he is and has the significance that he has, not much in virtue of the individuality, but rather as a member of a great human community, which directs his material and spiritual existence from the cradle to grave.

Precis

Being social animals, human beings have their actions and desires bound up with society. In matter of food, clothes, knowledge and belief they are interdependent. They use language created by others. Without language their mental power would not grow. They are superior to beast, because they live in human society. An individual life left alone from birth would grow utterly beast like. So human society and not individuality guides man’s material and spiritual existence.

7] All human beings are liable to err. To be at peace with oneself,the realization of this fact is essential.Humanity is faced with numerous struggles and difficulties.We should view our own problems as part of a universal struggle and brace ourselves to meet every difficulty with fortitude.To be frantic and desperate n such occasions cannot help the situation .Perhaps the greatest folly is for each of us to hug his troubles to himself.Often the path through our worst worries can be made smoother if we seek the guidance of a trusted friend. But there are limits to human wisdom.The only adequate way to endure large evils is to find large consolations.The key to this search is prayer.The faith in a beneficent “Higher Power” can carry us through our most anxious moments.It has cured many people of their diseases and banished melancholy from their hearts.It was faith in God coupled with hardwork, which enabled Alexis Carrel to face ridicule and rejection calmly and finally became the recipient of the Nobel Prize.Finally ,how much less we should be if we could see our struggle as a part of the struggle of a whole creation intent on growth and renewal. By doing so, we not only make our lives easier ,but we also add our bit to the sum of human dignity and faith.

Precis

Man is not perfect so one should not take his mistakes on heart and consider his problems as universal struggle.The best way to combat evils and hopelessness,one should rely on divine medicine,that is prayer and faith in Almighty.Only hard work along with faith leads to success like as Alexis Carrel who achieved Nobel prize.One should consider his individual struggle as contribution in betterment of humanity.


Precis writing for Examinations

FROM PREVIOUS PAGE

  1. Men and women are of equal rank but they are not identical. They are be peerless pair being supplementary to one another, each helps the other so that without one the existence of the other cannot be conceived and, therefore it follows as a necessary corollary from these facts that anything that will impair the status of either of them will involve the equal ruin of them both. In framing any scheme of women’s education this cardinal truth must be constantly kept in mind. Man is supreme in the outward activities of a married air and therefore it is in the fitness of things that he should have a greater knowledge thereof. On the other hand, noise life is entirely the sphere of woman and, therefore in domestic affairs, in the upbringing and education of children, woman ought to have more knowledge Not that knowledge should be divided into water tight compartment’s or that so that some branches of knowledge should be closed to anyone, but unless courses of instruction are based on discriminating appreciation of these basic principles, the fullest life of man and woman cannot be developed. Among the manifold misfortunes that may befall humanity, the loss of health is one of the severest. All the joys which life can give cannot outweigh the sufferings of the sick. Among the manifold misfortunes that may befall humanity, the loss of health is one of the severest. All the joys which life can give cannot outweigh the sufferings of the sick.[word:251]
  2. Almost every country in the world believes that it has some special dispensation from Providence, that it is of the chosen people or race and that others, whether they are good or bad, are somewhat inferior creatures. It is extraordinary now this kind of feeling persists in all nations of East as well as of the West without exception. The nations of the East are strongly entrenched in their own ideas and convictions and sometimes in their own sense of superiority about certain matters. Anyhow in the course of the last two or three hundred years, they have received many knocks on the head and they have been humiliated, and they have been debased and they have been humiliated, and they have been debased and they have been exploited. And so, in spite of their feeling that they were superior in many ways, they were forced to admit that they could be knocked about and exploited. To some extent, this brought a sense of realism to them. Three was also an attempt to escape from reality by saying that it was sad that we were not so advanced in material or technical things but that these were after all superficial things. Nevertheless we were superior in essential things, in spiritual things and moral values. I have no doubt that spiritual things and moral values are ultimately more important than other things, but the way one finds escape in the thought that one is spiritually superior simply because one is inferior in a material and physical sense, is surprising. It does not followed by any means. It is an escape from facing up the causes of one’s degradation.[word:- 278]
  3. India has witnessed great expansion of educational opportunities since the attainment of independence. However, the disables children have not yet benefited in any substantial manner from the growth in educational facilities. Education of handicapped children, ultimately become more dependent and non productive. It is therefore believed that scarce national resources should not be wasted on them. Further, it has been our misconceived notion that the education of handicapped children requires highly specialized people and as such, it must essentially be very costly. Maybe, precisely for these wrong notions we have not been able to involve clinical and educational specialization programmers of training and education exclusively meant for handicapped children. It is encouraging to note that the new National Policy on Education has recommended the placement of such children in regular schools so as to provide them integrated education along with normal students. The integrated education will take care of the different needs of various categories and types of disabled children. The objective is to place the disabled children in ordinary schools for imparting education with the help of special teachers, aids and other resources. For fulfilling this objective an array of the necessary infrastructure by way of training of teachers, provision of equipment and book etc are some of the basic pre-requisition. Hopefully, the parents and their handicapped children will be greatly relieved when the latter are transferred to regular schools. [WORD: 231 ]
  4. A drop of water fell out of the cloud into the sea, and finding itself lost in such an immensity of fluid matter, broke out into the following reflection: ‘Alas! What an inconsiderable creature am I in this prodigious ocean of waters: My existence is of no concern in the universe; ‘I am reduced to a kind of nothing, and am the least of the works of God’. It so happened that an oyster which lay in the neighbourhood of this drop chanced to gape and swallow it up in the midst of this his soliloquy. The drop, say the fables, lay a great while hardening in the shell, until by degrees it was ripened into a pearl, falling into the hands of a diver, after a long series of adventures, is at present that famous pearl which is fixed on the top of the Persian diadem.

ANSWER: Once, a drop of water, while falling into the sea, ruminated on its inconsequential existence in the vast ocean. Just then, an oyster swallowed it. The water drop, embedded in the shell, became a pearl in due course. A diver got it. After changing many hands, it now decorates the Persian crown .

5. Odisha, a small state in the east coast of India, was battered by Cyclone Philine in the last weekend. The cyclone came from the Bay of Begal. It was the result of a low pressure area developing in the sea. From a location a few hundred kilometers off the coast, Cyclone Philine gradually moved towards the land. The wind speed was nearly 220 kilometers per hour. The violent wind hit villages near the coastline with deadly force. Mud houses were flattened, trees uprooted and power lines were reduced to tangled heaps of wire. Fortunately, weather radars tracked the Philine doggedly as a result of which people were evacuated from their houses that fell in the projected path of Cyclone Philine. Millions of people were quickly moved to temporary shelters with remarkable efficiency. This reduced the death toll to negligible numbers. It was a remarkable success of disaster management in India. In another operation, the Coast Guard spotted a cargo ship at night that had tilted dangerously in the waters a few kilometers off Bengal. Responding to its SOS call, the Coast Guard rushed to its rescue and lifted out the sailors who were floating on their life boat in the dark near their ship.

ANSWER: Odisha suffers Nature’s Fury

Three days ago, Cyclone Philine coming from a low-pressure area in the Bay of Bengal tore through the coastal areas of the small eastern Indian state Odisha. With 220 kmph wind-speed, it flattened houses, and uprooted trees and power lines. Disaster management personnel evacuated millions to safety from the radar-predicted cyclone path. Also, the Coast Guard rescued some sailors from their life boat at night. Their ship had careened dizzily in the sea.

6. Trees give shade for the benefit of others, and while they themselves stand in the sun and endure the scorching heat, they produce the fruit of which others profit. The character of good men is like that of trees. What is the use of this perishable body if no use is made of it for the benefit of mankind? Sandalwood, the more it is rubbed, the more scent does it yield. Sugarcane, the more it is peeled and cut up into pieces, the more juice does it produce. The men who are noble at heart do not lose their qualities even in losing their lives. What matters whether men praise them or not? What
difference does it make whether they die at this moment or whether lives are prolonged?
Happen what may, those who tread in the right path will not set foot in any other. Life itself is unprofitable to a man who does not live for others. To live for the mere sake of living one’s life is to live the life of dog and crows. Those who lay down their lives for the sake of others will assuredly dwell forever in a world of bliss.

Good men live for others
The character of good men is like that of trees. They live for others and do not lose their qualities even in losing their lives. They always follow the right path. Praise is immaterial to them. To live for one’s own sake is to lead the life of beasts. Only those who lay down their lives for others will live forever in a world of bliss

7. Make a précis in about 110 words of the following passage and give it a title

The Department of Industrial Policy and Promotion (DIPP) will start working closely with banks to kick-start the government’s Start-Up India initiative in both rural and urban India. Commerce and Industry Minister Nirmala Sitharaman said the government would ensure that startups don’t run out of money and that their equity requirements don’t go unattended. The minister was talking to the media on the sidelines of a FICCI event.

The department is spearheading the Start-Up India initiative announced by Prime Minister Narendra Modi in his Independence Day address. Sitharaman said DIPP would work with banks across the country, especially in rural areas. “If each of these (bank) branches gives tribal or Dalit population something to start up with, it would take the whole startup and innovate India (initiative) thought to district level,” she said.

DIPP is also working on ways to reach out to the urban educated and the deprived section of the society to build entrepreneurship. “All over the country, youngsters are coming up with ideas of entrepreneurship. They don’t have time to wait, we don’t have time to lose,” Sitharaman said. The commerce minister said there is a need for greater participation of industry in driving ahead the movement of Skill India. “India needs an ecosystem where talent and skills can be nurtured. Through our 10,000 crore fund of fund for startups, we will provide soft loans, capital to those who want to start fresh enterprises,” she said.

The skill development and entrepreneurship ministry currently offers certified training in 31 different sectors under the Pradhan Mantri Kaushal Vikas Yojana. Sitharaman, in another event organized by the Confederation of Indian Industry, said India, which ranked 142 in the World Bank’s Ease of Doing Business Report this year, is likely to fare better next year since the government has initiated certain reforms to improve the standing. [WORD: 302]

Title- ‘Entrepreneurship: The Future of India’

The government has understood the importance of entrepreneurship and development of new ideas to make the country industrially developed. It has launched several programmes to support the youngsters financially by helping those getting loans without much hassle as well as with skill development in various disciplines. The government is also ensuring that both the rural and urban areas get the benefit of these schemes. This will make the new ideas sustainable in the long run because the young generation will be encouraged to take up entrepreneurship initiatives with fresh ideas. This approach of the government is expected to make India a better destination in the world to do business.

Precis Writing for Judicial Examinations

A  précis is a clear, concise, and logical summary of a passage preserving its essential ideas.

What to do 

  1. Read the paragraph and count the words
  2. Write important points and link them
  3. Start writing the paragraph and review them
  4. While writing, don’t go back and read the paragraph again
  5. Edit and modify
  6. Number of words in Precis should of 1/3 of the actual paragraph
  7. Don’t change the central idea of the paragraph
  8. Retain the keywords of the paragraph
  9. Don’t waste your time in counting words, instead count lines.
  10. Your precis should be completed in one paragraph only
  11. Avoid weak sentences
  12. Don’t give your personal opinion
  13. Don’t use any idiom of your own
  14. Never conclude anything of your own
  15. Never assume anything
  16. Give a name of the Precis, reflecting the theme.

 

1.

There is an enemy beneath our feet – an enemy more deadly for his complete impartiality. He recognizes no national boundaries, no political parties. Everyone in the world is threatened by him. The enemy is the earth itself. When an earthquake strikes, the world trembles. The power of a quake is greater than anything man himself can produce. But today scientists are directing a great deal of their effort into finding some way of combating earthquakes, and it is possible that at some time in the near future mankind will have discovered a means of protecting itself from earthquakes.An earthquake strikes without warning. When it does, its power is immense. If it strikes a modern city, the damage it causes is as great as if it has struck a primitive village. Gas mains burst, explosions are caused and fires are started. Underground railways are wrecked. Buildings collapse, bridges fall, dams burst, gaping crevices appear in busy streets.If the quake strikes at sea, huge tidal waves sweep inland. If it strikes in mountain regions, avalanches roar down into the valley. Consider the terrifying statistics from the past 1755: Lisbon, capital of Portugal – the city destroyed entirely and 450 killed. 1970: Peru: 50,000 killed.In 1968 an earthquake struck Alaska. As this is a relatively unpopulated part, only a few people were killed. But it is likely that this was one of the most powerful quakes ever to have hit the world. Geologists estimate that during the tremors, the whole of the state moved over 80 feet farther west into the Pacific Ocean. Imagine the power of something that can move an entire subcontinent! This is the problem that the scientists face. They are dealing with forces so immense that man cannot hope to resist them. All that can be done is to try to pinpoint just where the earthquake will strike and work from there. At least some precautionary measures can then be taken to save lives and some of the property. (330 Words)’

Earthquake – the deadly enemy of mankind.
Damage caused by an earthquake in general.
Damage caused by an earthquake-in particular,
What can the scientists do?

Earthquake – The Great Destroyer

Earthquake is the mankind’s deadly enemy. Earthquake strikes all without a distinction of nationality or political affiliation. The power of a quake is greater than that of any man-made weapon of destruction. An earthquake strikes mankind without a warning. A modern city when struck is reduced -to a nibble. A quake strikes plains, seas and mountains causing all round destruction. The quake struck Lisbon in 1755 killing 450; Peru in 1970 killing 50,000; Alaska in 1968 moving it 80 feet into the Pacific Ocean. Scientists are trying to find out means to combat earthquakes, to predict the origin of the quake so that precaution can be taken to save man and property from destruction.(115 words) 

Write a Precis of the following passage.

One of our most difficult problems is what we call discipline and it is really very complex. You see, society feels that it must control or discipline the citizen, shape his mind according to certain religious, social, moral and economic patterns.

Now, is discipline necessary at all? Please listen carefully. Don’t immediately say YES or NO. Most of us feel, especially while we are young, that there should be no discipline, that we should be allowed to do whatever we like and we think that is freedom. But merely to say that we should be free and so on has very little meaning without understanding the whole problem of discipline.

The keen athlete is disciplining himself the whole time, isn’t he? His joy in playing games and the very necessity to keep fit makes him go to bed early, refrain from smoking, eat the right food and generally observe the rules of good health. His discipline and punctuality is not an imposition but a natural outcome of his enjoyment of athletics. [171 words]

Hints: Though discipline seems to be a problem, it is necessary for all. Discipline shapes our mind and regulates our habits. Some want to be free and think that it is not necessary. Discipline and punctuality give enjoyment to athletes.

TITLE:-  DISCIPLINE IS IMPORTANT

Write a Precis of the following passage.

There are different types of forests in India. So, the products received from these forests are also several. The following are some of the forest products which are important in the growth and development of industries.

Forest products and the industries based on them:

(i) Timber : Timber from the forest are utilised in building activities, industries and in carpentry workshops. In Andaman Islands, Asia’s largest saw mill has been in operation.

(ii) Rubber : Rubber trees are grown in large numbers on the Western Ghats. As a consequence, there are a large number of industries dependent on rubber in the Peninsular India.

(iii) Wood Pulp : Wood pulp is made from the wood of the forests and paper is manufactured from the pulp. Paper mills are large in number in the States of Tamil Nadu, Maharashtra, West Bengal and Madhya Pradesh. In the city of Nepa in Madhya Pradesh, there is a newsprint industry.

(iv) Lac and Wax : Lac and Wax are forest products and they are used in manufacturing paints. Thus a number of industries make use of forest products.

(v) And for the growth of the cottage industries the forests have been responsible in many an instance. [197 WORDS]

FOREST PRODUCTS

Many forest products are useful to man. Timber, rubber, Wood pulp, Lac and Wax are some of them. Timber is used for building activities. Rubber is useful for making many things. Wood pulp is used for making paper. Lac and Wax are used in making paints. There are many industries in India which depend on forest products.

Write a Precis of the following passage.

Prevention is better than cure. It is recognised that the only way to get rid of malaria completely is o get rid of the mosquitoes which cause it. Malaria is always associated with damp and marshy land. This is not because the land is damp, but because the static water is the breeding place of the mosquitoes which begin their life as a larva in the water. Malaria does not frequently occur in dry desert countries because mosquitoes can not breed there. The only way to destroy mosquitoes is to prevent their breeding in static water. This can be done by draining all ponds and pools. And by keeping them covered in the breeding season with a film of kerosene oil which by depriving the larva of air, kills them.

Points 

 

  • Prevention is better than cure.
  • Mosquitoes cause malaria.
  • We should get rid of malaria.
  • The static water is the breeding place of mosquitoes.
  • If the land is dry, the mosquitoes will not breed there.
  • WE should destroy the mosquitoes by draining all ponds and pools.
  • Another way to destroy the mosquitoes is to cover the ponds and the pools with a layer of kerosene oil.
  • The larvas get air and ultimately die.

TIPS

  1. Summarize each section. Use your notes to write a brief summary for each section or paragraph, restricting the length to one or two sentences.
  2. Review and revise. Read through your précis. It should clearly express the original meaning of the text while retaining the same basic tone.
  3. Write in the present tense and maintain that tense throughout the paragraph.  Use active voice instead of passive voice.

2

Write a Precis of the following passage.

In her essay “Cyberspace and Identity” (1999), Sherry Turkle argues that “today’s life on the screen dramatizes and concretizes a range of cultural trends that encourage us to think of identity in terms of multiplicity and flexibility” . Turkle supports her assertion by juxtaposing theories of cyberspace and identity formation with older understandings of identity found in psychology, sociology, and philosophy. Her purpose is to show readers that theories on cyberspace and identity, which claim that identity is multiple and cyclical, do not overturn, but rather add to our understandings of identity in order to encourage her audience “to rethink our relationship to the computer culture and psychoanalytic culture as proudly held joint citizenship” (278). Turkle’s tone assumes a highly educated audience who is familiar with theories not only of cyberspace and identity, but sociology and psychology as well.


TIPS

MAINTAIN THE FOLLOWING WHILE WRITING A PRECIS

  • Clarity, which means your reader should understand what a writer intended to convey. Achieve it through using simple language and structure of your precis.
  • Correctness, which means you should watch spelling, grammar, and punctuation you use, as well as facts, figures, and dates you address.
  • Coherence, which means the logical interconnection of the original’s ideas. Your audience shouldn’t lose their interest while reading.
  • Conciseness, which means avoiding unnecessary details in your précis. Don’t omit essential facts but avoid wordy expressions, repetitions, wateriness, etc.

Write a Precis of the following passage

Water is the basis of all life. Every animal or every pliant contains a substantial proportion of free or combined water in its body and no kind of physical activity is possible in which water does not play an essential part. Water is necessary for animal life, while moisture in the soil is equally imperative for life and growth of plants and trees, though the quantity necessarily varies enormously from plant to plant.
The conservation and utilization of water is thus fundamental for human welfare. The main source of water is rainfall or snowfall. Much of Indian agriculture depends on seasonal rainfall and is therefore, very sensitive to any failure or irregularly of the some. During the rainy season large quantities of rain water flow down into the streams and rivers and ultimately find their way to the sea, and are, therefore, lost to the country. The harassing of our rivers is, therefore, it great national problem to be dealt with no national lines. Vast areas of land which at present are mere scrub, jungles could be turned into fertile and prosperous country by harassing this source of water.

Title: – Conservation and Utilization of Water.

Precis: – Water being so necessary for animal and plant life should be harnessed to our own use. The main source of water is rain. Most of
the rain water goes into rivers. This water must be used for making our barren land fertile. The conservation and utilization of water is,
therefore, a great national problem to be dealt with at the national level.

Write a Precis of the following passage

As early as the sixth or seventh century B.C. Panini wrote his great grammar of the Sanskrit language. He mentions previous grammars and already in his time Sanskrit had crystallized and become the language of an ever-growing literature. Panini͛s book is something more than a mere grammar. To has been described by the Soviet. Professor Th. Stcherabatsky, of Leningrad, as one of the greatest productions of the human mind Panini is still the standard authority on Sanskrit grammar. Through subsequent grammarians have added to it and interpreted it. It is interesting to note that Panini mentions the Greek script. This indicates that there were some kind of contacts between India and the Greeks long before Alexander came to the East. The study of astronomy was specially pursued and it often merged with astrology. Medicine had its textbooks and there were hospitals. Dhanwantri is the legendary found of the Indian science of medicine. The best known old textbooks however, date from the early centuries of the Christian era. These are by Charka on medicine and Sushruta on surgery. Charka is supposed to have been the royal court physician of kanishka who had his capital in the north-West.
These text books enumerate a large number of diseases and give methods of diagnosis and treatment. They deal with surgery, obstetrics, baths, diet, hygiene, infant feeding, and medical education. The approach was experimental, and dissection of dead bodies was being practiced in course of surgical training. Various surgical instruments are mentioned by Sushrutas, as well as operations including amputation of limbs, abdominal, caesarean section, cataract, etc. Wounds were sterilized by fumigator. In the third or fourth century B.C. there were also hospitals for animals. This was probably due to the influence of Jainism and Buddhism with their emphasis on non- violence. [300 WORDS]

Title:- India advancement in the Ancient Ages.

Precis:- Panini wrote his great grammar of Sanskrit in the 6th century B.C. This grammar is the standard grammar of Sanskrit language. In ancient India, the study of astronomy was merged with astrology. Medicine was also much developed at that time, Charka wrote books on medicine and Shushruta wrote on surgery. These books deal with many diseases and the methods of their treatment. They also deal with surgery, obstetrics, hygiene and medical education. Surgery was also much developed. The sterilization of wounds was known to physicians of that time. Due to the influence of Jainism and Buddhism, there were hospitals for animals in India in the third or fourth century.[109 WORDS]

Write a Precis of the following passage

It is physically impossible for a well-educated or brave man to make money the chief object of his thoughts, just as it is for him to make his dinner the principal object of them. All healthy people like their dinners, but their dinner is not the main object of their lives. So all healthy minded people like making money—ought to like it and enjoy the sensation of winning it; it is something better than money. A good soldier, for instance, mainly wishes to do his fighting well. He is glad of his pay—very properly so, and justly grumbles when you keep him ten years without it—still his main notion of life is to win battles, not to be paid for winning them. So of clergyman͛s object is essentially to baptize and preach, not to be paid for preaching. So of doctors. They like fees no doubt, — out to like them; yet if they are brave and well educated, the entire object of their lives is a not fee. They, on the whole, desire to cure the sick, and, if they are good doctors, and the choice were fairly put to them, would rather cure their patient and lose their fee than kill him and get it. And so with all the other brave and rightly trained men; their work is first, their fee second – very important always, but still second.[233 WORDS]

Duty First, Fee afterward

Precis: Moneymaking is not the sole object of the well educated, intellectual, or brave men. A brave soldier͛s main notion of life is to fight to win battles, not to be paid for winning them. A noble clergyman is concerned more with the welfare of the humanity than his pay. A good doctor desires far more to cure his patient than to get his fee. Thus, for all cultured people, their duty comes first, then their fee. [76 Words]

NEXT PAGE

Digest Domestic Violence Act 2005


1. Kunapareddy @Nookala shanka balaji vs Kunapareddy Swarna Kumari & Anr (SC)

Amendment in the complaint was allowed: cognizance not taken, did not change the original nature and summons were yet to be ordered to be issued.

2. Hiralal P. Harsora & Ors. vs Kusum Narotamdas Harsora & Ors. (SC)

Section 2(q) ‘adult male’ struck off before the word person.

3. Krishna Bhatacharjee vs Sarathi Choudhury And Anr (SC)

Retention of Stridhan by husband or any of his family members is a continuing offence.
Claim not barred by limitation that she should have claimed it prior to judicial separation

4. Shalu Ojha versus Prashant Ojha (SC)

Whether the Sessions Court in exercise of its jurisdiction under Section 29 of the Act
has any power to pass interim orders staying the execution of the order appealed before
it is a mater to be examined in an appropriate case. No express grant of power conferred
on the Sessions Court while such power is expressly conferred on the Magistrate under Section 23.

5. Prakash N.D.Saha versus Sou. Meena Prakash D Saha (SC)

S.20,21 Unsuccessful divorce proceedings cannot adversely affect maintainability of application fled under Act.

6. Saraswathy versus Babu (SC)

Compensation and damages for injuries : pay compensation and damages to the
extent of Rs. 5,00,000 in favour of the wife.

7. Indra Sarma versus V.K.V. Sarma (SC)

The Supreme Court para 55 has laid down the tests for judging a live in relationship
following which the expression “ In the nature of marriage” under section 2 (f) of D.V. Act; holding that all live in relationships are not in the nature of marriage and the court shall come to an informed decision on the basis of material available, before passing an order in such cases.

8. V.D.Bhanot versus Savita Bhanot (SC)

Section 2(s) petition under the provisions of the PWD Act, 2005, was maintainable by a woman, who was no longer residing with her husband or who was allegedly subjected to any act of domestic violence prior to the coming into force of the PWD Act on 26th October, 2006.

9. Inderjit Singh Grewal versus State of Punjab & Anr (SC)

Case u/s 12 DV Act afer obtaining divorce by mutual consent and later challenging the same.

10. D.Velusamy versus D.Patachaiammal (SC)

Section 2(f) domestic relationship

11. Japani Sahoo versus Chandra Shekhar Mohanty (SC) 

Provision of limitation in section 468 Cr.P.C. crucial date for computing limitation is not taking of cognizance by the magistrate but the fling of the complaint or initiation of proceedings

12. S.R. Batra & Anr versus Smt. Taruna Batra (SC)

Shared House-Hold (section 2(s)) & Sections 17 and 19(1) ) of the aforesaid Act,
The exclusive property of mother –in-law cannot be called a `shared household’

13. Chitranjan Pd. Singh versus State of Bihar (Patna High Court)

Court not empowered to decide the possession or title of the shared household or
indirectly allow relief of delivery of possession.

14. Rajesh Kumar Chaudhari versus State of U.P. & Anr (Allahabad High Court)

(On the point of limitation ) whether governed by provision of section 468 Cr.P.C.

15. Harbans Lal Malik versus Payal Malik (Delhi High Court)

The Delhi High Court  held that to constitute a family and domestic relationship under D.V. Act. It is necessary that the persons who constitute domestic relationship must be living together in the same house under one head.
The parents can be included in the family of son only when they are dependent upon the son and/or all living along with son in the same house. In case where the shared household have been at USA, the court in India directed the Brother and Father of the husband living in India to pay Rs. 50 thousand to the complainant wife jointly and severally with the husband, is set aside.

16. Sagar Sudhakar Shengde versus Mrs.Naina Sagar Shengde & Ors (Bombay High Court)

Issuance of NBW against for execution of order of maintenance well within the special procedure u/s 28 (2) D.V. Act 2005 .

17. Kunjathiri versus State of Kerela (Kerala High Court)

No necessity that the woman should be related to the person commiting wrong through
matrimony alone..A proceeding against relative of husband perfectly maintainable without husband being in the party array and without relief being sought against him.

Kunapareddy @ nooKala ShanKa Balaji VerSuS Kunapareddy Swarna Kumari & anr

FORMAT OF FIRST APPEAL BEFORE DISTRICT JUDGE

IN THE COURT OF THE LD DISTRICT JUDGE

AT ALIPORE

CIVIL APPELLATE JURISDICTION

REGULAR FIRST APPEAL

TITLE APPEAL NO……………………………….

APPEAL ARISING OUT OF THE IMPUGNED  ORDER  DATED 5.2.2018 PASSE IN THE TITLE SUIT NO 976 OF 2017 BY THE LD 1ST CIVIL JUDGE [JR DIV] AT HOWRAH

IN RE :

 MADHUSUDAN TAHABILDAR

s/o Haripada Tahabildar

Santi Nagar, Sapui Para , PS Balli

Dist: Howrah

                                       ………..Appellant

VS

BISWARANJAN  SAHA

s/o  Surendar Ch Saha ,

57/4 Sree Ram Dhag Road Salkiya , PS :  Mali Panch Ghara , Dist Howrah

                                         …….Respondent

VALUE OF THE APPEAL RS  200/-

MEMO OF APPEAL ON BEHALF OF THE APPELLANT FOR REGULAR FIRST APPEAL

Being aggrieved and dissatisfied with the Order under Order 7 rule 11 of the Civil Code dated 9.2.2018 passed in the above Title suit by the Ld 1st Civil Judge [Jr Div] in  Madhusadan Tahabildar vs Biswaranjan Saha, the appellant above named begs to prefer this Memo of Appeal on the following amongst other:-

G R O U N D S

1.For the impugned Order of the Trial Court are against the settled principle of law, Evidence and probabilities of the case.

2. For the Ld Court below has been pleased to dismiss the suit by the way of rejection of plaint on the contrary Ld Court ought to have decreed the suit .

3. For the Ld Court below has failed to appreciate the scope, extent and propriety of the suit in its proper perspective.

4. For the Ld Court below has failed to appreciate the status of the parties in their proper perspectives.

5. For the Ld court below has failed to appreciate the factum of fraud as cause of action for bringing the Title Suit .

6. For the Ld trial Court did not apply its Judicial mind at the time of passing the impugned Order for rejecting the Plaint under appeal.

7. For the Ld Court below has failed to appreciate the legal connotation of certain interpretations such as :

Superior Court / higher forum

Cause of action and continuous / running cause of action

Fraud as ingredient of cause of action

Constructive Res-Judicata as not applicable in the Impugned Title Suit

‘Substratum’ of a  Suit and Playing Fraud with the Substratum  of a Suit

Equity relief

8. For the Ld Court below has erred in law and in fact in dismissing the suit on rejection of plaint under Order 7 Rule 11 of the Civil Code  while holding the following proposition of Law :

“ No Law authorized this court to set aside the Judgment of decree passed by any higher forum “ —–[ A Civil Court of Seniour Division  is not higher forum  and above a civil court of junior Division, is my humble submission] .

Section 34 of Specific Relief Act has no application for setting aside a Judgment and Decree passed by any court ….[ On the ground of fraud any judgment can be challenged and declared to be set aside by an independent declaratory suit is my submission ]

All issues as preliminary issues in a  Suit  for the specific performance of contract  in T.S no 25 /2007 “ were involved”  in the  dismissed Suit ….[ The issues on merit of the matter which may arise between the parties would not be within the realm of the Court at the stage of  an Order 7 rule 11 application is the ratio in  Kamala and Ors  vs  T Eshwara Sa and Ors (2008) 12 SCC 661, as relied by the appellant and mis- applied by the trial judge as partially appreciated , is my humble submission]

The suit is barred by Constructive Res judicata …[ Order 7  R 11(d) , the ratio in  Kamala and Ors vs K.T Eshwara Sa and Ors (2008) 12 SCC 661 goes against the impugned proposition  held by the Ld Trial judge, is my submission]

9. For that the impugned Order under appeal is  mis-conceived , speculative and non application of law and mind , and result of cursive non- heartful reading of the Plaint and relief as prayed thereby.

10. For that the impugned order under this appeal is otherwise bad and cannot sustained in law

And

Therefore, the Suit under this appeal shall be restored and decided against the Respondent after setting aside the impugned Order passed in 5.2.2018 in T.S No 976 of 2017.

Certifying that the grounds taken above are good ground s for admitting this appeal

                                                                             ADVOCATE

DATE:-

Drafted and settled by

TANMOY BHATTACHARYYA

18/6/1 D.S LANE , HOW-9

TEL:-9875452252[M]

EMAIL: advtanmoy@gmail.com

WEB:-www.advocatetanmoy.com

_________________________

PARTICULARS OF THE SUIT

VALUE OF THE SUIT Rs 200/-

COURT FES PAID RS. 200/-

VALUE OF THE APPEAL Rs 200/-

COURT FEES PAID  FOR APPEALR Rs

_________________________________

List of Documents

  1. Memo of Appeal
  2. Certified copy of the Impugned Order
  3. Vakalatnama

 

Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations

a) Insolvency proceedings
b) Probate proceedings
c) Appeal under Section 92, CPC
d) Proceedings for appointment of guardian
e) Matrimonial causes – except settlement of terms of separation or divorce
f) Title to immovable property in a foreign country
g) Claim for recovery of octroi duty

Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties

In  State of Punjab & Another Vs Jalour Singh & Others [AIR 2008 SC 1209] Apex Court

Held

Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to
conciliation. A Lok Adalat determines a reference on the basis of a compromise or settlement between the parties at its instance, and puts its seal of confirmation by making an award in  terms of the compromise or settlement. When the Lok Adalat is not able to arrive at a settlement or compromise, no award is made and the case record is returned to the court from which the reference was received, for disposal in accordance with law. No Lok Adalat has the power to “hear” parties to adjudicate cases as a court does. It discusses the subject-matter with the parties and persuades them to arrive at a just settlement. In their conciliatory role, the Lok Adalats are guided by the principles of justice, equity and fair play. When the LSA Act refers to “determination” by the Lok Adalat and “award” by the Lok Adalat, the said Act does not contemplate nor require an
adjudicatory judicial determination, but a non-adjudicatory determination based on a compromise or settlement, arrived at by the parties, with guidance and assistance from the Lok Adalat. The “award” of the Lok Adalat does not mean any independent verdict or opinion arrived at by any decision-making process. The making of the award is merely an administrative act of incorporating the terms of settlement or compromise agreed by parties in the presence of the Lok Adalat, in the form of an executable order under the signature and seal of the Lok Adalat. (Para 8)

Many sitting or retired Judges, while participating in the Lok Adalats as members, tend to conduct the Lok Adalats like courts, by hearing parties, and imposing their views as to what is just and equitable, on the parties. Sometimes they get carried away and proceed to pass orders on merits, as in this case, even though there is no consensus or settlement. Such acts; instead of fostering alternative dispute resolution through the Lok Adalats, wiH drive the litigants away from the Lok Adalats. The Lok Adalats should resist their temptation to play the part of judges and constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice, equity and fair play to compromise and settle the dispute by explaining the pros and cons, strengths and weaknesses, advantages and disadvantages of their respective claims. (Para 9 )

State of Punjab and ANOTHER Vs Jalour Singh and OTHERS [ALL SC 2008 JANUARY ]

KEYWORDS:-Lok Adalat-

AIR 2008 SC 1209 : (2008) 1 SCR 922 : (2008) 2 SCC 660 : JT 2008 (2) SC 83 : (2008) 2 SCALE 52

(SUPREME COURT OF INDIA)

State of Punjab and ANOTHER Appellant
Versus
Jalour Singh and OTHERS Respondent

(Before :  K. G. Balakrishnan, C.J.I., G. P. Mathur And R. V. Raveendran, JJ.)

Civil Appeal No. 522 of 2008 (arising out of SLP (C) No. 3847 of 2005), Decided on : 18-01-2008.

Legal Services Authorities Act, 1987—Sections 22(3), 19 and 19(5)(i)—Constitution of India, 1950—Articles 227 and 226.

Counsel for the Parties:

Pahul Malik and Rohit Walcha (for Ajay Pal), Advocates, for Appellants

Neeraj Kumar Jain and Ugra Shankar Prasad, Advocates, for Respondents.

Judgment

K. G. Balakrishnan, C.J.I—Delay condoned. Leave granted. Heard the learned counsel.

2. Respondents 1 and 2 herein – the husband and son of one Amarjit Kaur who died in a motor accident involving a Punjab roadways bus, filed a claim petition before the Motor Accident Claims Tribunal, Faridkot. As against the compensation of ` 5 lacs claimed, the Tribunal, on 1-12-1998 awarded a compensation of ` 1,44,000. Not being satisfied with the quantum of compensation, respondents 1 and 2 filed FAO No. 1549/1999 before the Punjab and Haryana High Court. The said appeal was referred to Lok Adalat organised by the High Court, for settlement.

3. The High Court Lok Adalat took up the case on 3-8-2001. The parties were not present. Their counsel were present. After hearing them the Lok Adalat passed the following order :

“After hearing counsel for the parties, we propose to increase in the amount of compensation, which is considered just and reasonable in this case.

The accident took place on March 4, 1997. Amarjit Kaur, aged about 32 years, died in the accident. Her husband and minor son claimed compensation. The Tribunal granted ` 1,44,000/- along with 12 per cent per annum interest. Feeling dissatisfied, they are in appeal.

The deceased was doing household work and also looking after some cattle and selling milk. The tribunal fixed earning capacity at Rs.900/- and dependency at Rs.600/-Applying multiplier of 15, compensation was worked out at ` 1,08,000/-. To this a sum of Rs.28,253 on account of medical expenses, Rs.2147/- towards incidental charges and Rs.5600/- towards hospital charges were allowed. We are of the opinion that the earning capacity of the household wife has been determined on the lower side. An ordinary labourer gets Rs.1200/- per mensem and at the lowest at least ` 1200/-should have been determined the earning capacity of the deceased and dependency of the claimants at Rs.800/-. The multiplier of 15 applied in this case is also on the lower side. Since the deceased was aged 32 years, as per Schedule attached to the Motor Vehicles Act, multiplier should have been 17. Thus, compensation worked out at Rs.1,63,200/- (Rs.800/- x 12 x 17). To this a sum of Rs.7,000/- is added i.e. Rs.2,000/ – towards funeral expenses and Rs.5,000/-towards loss of consortium, payable to the husband, making total compensation payable at Rs.1,70,200/-. The Tribunal under this head allowed compensation of ` 1,08,000/- i.e. under this head the claimants would get Rs.62,200/- over and above that amount. The compensation granted under other heads is considered just and reasonable.

Thus, while allowing the appeal, we grant compensation oJRs.62,200/- over and above the amount awarded by the Tribunal to the appellants, who would share it equally. On this amount they will get interest at the rate of 12 per cent per annum from the date of filing of the claim petition i.e. July 28, 1997, till payment. Two months time is allowed to the respondents to make the payment.

If the parties object to the proposed order as above, they may move the High Court within two months for disposal of the appeal on merits according to law.

Copies of the order be supplied to the counsel for the parties.” (Emphasis supplied)

4. Punjab Roadways (second appellant herein) filed an application dated 15-1-2002 (CM No. 13988-CII of 2002 in FAO No.1549/ 1999) to set aside order dated 3-8-2001 passed by the Lok Adalat, as it was passed without their consent. The said application was rejected by a learned Single Judge by a short order dated 11-9-2002 on the ground that such objections were not maintainable or entertainable, having regard to its decision in Charanjit Kaur v. Balwant Singh (CM No. 13988-CII of 2002 in FAO No. 1827/1999 decided on 30-7-2002) and other cases. In Charanjit Kaur, the learned single Judge had held that an order passed by the Lok Adalat can be challenged only by a petition under Article 227 of the Constitution, as all proceedings before the Lok Adalat are deemed to be judicial proceedings and Lok Adalat is deemed to be a civil court under section 22(3) of Legal Services Authorities Act, 1987.

5. The appellants, therefore, filed a petition under Article 227 of the Constitution (Civil Revision Petition No.970/2004) challenging the order dated 3-8-2001 of the Lok Adalat. The said petition was rejected by another single Judge of the High Court by the following order dated 26-2-2003 :

“The instant petition has been filed under Article 227 of the Constitution seeking necessary directions quashing the order dated 3-8-2001 passed by the Lok Adalat enhancing the compensation in favour of the claimant-respondents to the tune of Rs.62,000/-. The order of the Lok Adalat specifically indicated that if the parties were not satisfied, they could file objections within a period of two months for the disposal of the appeal on merits in accordance with law. The petitioners-State had filed objections which were dismissed on 11-9-2002 and the order of the Lok Adalat dated 3-8-2001 had attained finality.

Now the instant petition has been filed against challenging the order of the Lok Adalat dated 3-8-2001. Nothing has been pointed out showing that such a petition under Article 227 of the Constitution is maintainable. Apart from the fact that the Lok Adalat has granted time for filing the objections and the objections have been dismissed, the meagre increase in the amount of compensation does not warrant any interference.

In view of the above, the petition is dismissed being not maintainable.”

                                                                                                        (Emphasis supplied)

The said order is under challenge in this appeal by special leave.

6. We are rather dismayed at the manner in which the entire matter has been dealt with, undermining the very purpose and object of Lok Adalats. At every stage the Lok Adalat and the High Court have acted in a manner contrary to law.

7. A reference to relevant provisions will be of some assistance, before examination of the issues involved. Section 19 of the Legal Services Authorities Act, 1987 (‘LSA Act’ for short) provides for organisation of Lok Adalats. Section 19(5)(i) of LSA Act provides that a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of any case pending before any court for which the Lok Adalat is organised. Section 20 relates to cognizance of cases by Lok Adalats. Sub-section (1) refers to Lok Adalats taking cognizance of cases referred to by courts and sub-section (2) refers to Lok Adalats taking cognizance of matters at pre-litigation stage. The relevant portions of other sub-sections of section 20, relating to cases referred by courts, are extracted below :

“(3) Where any case is referred to a Lok Adalat under sub-section (1) …… the Lok Adalat shall proceed to dispose of the case …….and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.

(7) Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1)]”                                           (Emphasis supplied)

8. It is evident from the said provisions that Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to conciliation. A Lok Adalat determines a reference on the basis of a compromise or settlement between the parties at its instance, and put its seal of confirmation by making an award in terms of the compromise or settlement. When the Lok Adalat is not able to arrive at a settlement or compromise, no award is made and the case record is returned to the court from which the reference was received, for disposal in accordance with law. No Lok Adalat has the power to “hear” parties to adjudicate cases as a court does. It discusses the subject-matter with the parties and persuades them to arrive at a just settlement. In their conciliatory role, the Lok Adalats are guided by principles of justice, equity, fair play. When the LSA Act refers to ‘determination’ by the Lok Adalat and ‘award’ by the Lok Adalat, the said Act does not contemplate nor require an adjudicatory judicial determination, but a non-adjudicatory determination based on a compromise or settlement, arrived at by the parties, with guidance and assistance from the Lok Adalat. The ‘award’ of the Lok Adalat does not mean any independent verdict or opinion arrived at by any decision making process. The making of the award is merely an administrative act of incorporating the terms of settlement or compromise agreed by parties in the presence of the Lok Adalat, in the form of an executable order under the signature and seal of the Lok Adalat.

9. But we find that many sitting or retired Judges, while participating in Lok Adalats as members, tend to conduct Lok Adalats like courts, by hearing parties, and imposing their views as to what is just and equitable, on the parties. Sometimes they get carried away and proceed to pass orders on merits, as in this case, even though there is no consensus or settlement. Such acts, instead of fostering alternative dispute resolution through Lok Adalats, will drive the litigants away from Lok Adalats. Lok Adalats should resist their temptation to play the part of Judges and constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice, equity and fair play to compromise and settle the dispute by explaining the pros and cons, strength and weaknesses, advantages and disadvantages of their respective claims.

10. The order of the Lok Adalat in this case (extracted above), shows that it assumed a judicial role, heard parties, ignored the absence of consensus, and increased the compensation to an extent it considered just and reasonable, by a reasoned order which is adjudicatory in nature. It arrogated to itself the appellate powers of the High Court and ‘allowed’ the appeal and ‘directed’ the respondents in the appeal to pay the enhanced compensation of Rs.62,200/- within two months. The order of the Lok Adalat was not passed by consent of parties or in pursuance of any compromise or settlement between the parties, is evident from its observation that “if the parties object to the proposed order they may move the High Court within two months for disposal of the appeal on merits according to law”. Such an order is not an award of the Lok Adalat. Being contrary to law and beyond the power and jurisdiction of the Lok Adalat, it is void in the eye of law. Such orders which “impose” the views of the Lok Adalats on the parties, whatever be the good intention behind them, bring a bad name to Lok Adalats and legal services.

11. The travails of the parties did not end with the Lok Adalat. Because the Lok Adalat directed the aggrieved party to move the High Court for disposal of appeal on merits if they had objection to its order, the appellants moved the High Court by an application in the appeal, stating that they had not agreed to the enhancement proposed by Lok Adalat and praying that the order of the Lok Adalat increasing the compensation by Rs.62,200 may be set aside as there was no settlement or compromise. The learned single Judge failed to notice that there was no settlement or compromise between the parties; that the order made by the Lok Adalat was not an award in terms of any settlement as contemplated under the LSA Act; that the Lok Adalat had clearly stated that the parties may either agree to it, or move the High Court for disposal of the appeal on merits in accordance with law; and that in the absence of any settlement and ‘award’, the appeal before the High Court continued to be pending and could not have been treated as finally disposed of. The learned single Judge instead of perusing the order of the Lok Adalat and hearing the appeal on merits, proceeded on a baseless assumption that the order dated 3-8-2001 of the Lok Adalat was a binding award and therefore an application to hear the appeal, was not maintainable and the only remedy for the appellants was to challenge the order of the Lok Adalat by filing a writ petition under Article 227 of the Constitution.

12. It is true that where an award is made by Lok Adalat in terms of a settlement arrived at between the parties, (which is duly signed by parties and annexed to the award of the Lok Adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court. If any party wants to challenge such an award based on settlement, it can be done only by filing a petition under Article 226 and/or Article 227 of the Constitution, that too on very limited grounds. But where no compromise or settlement is signed by the parties and the order of the Lok Adalat does not refer to any settlement, but directs the respondent to either make payment if it agrees to the order, or approach the High Court for disposal of appeal on merits, if it does not agree, is not an award of the Lok Adalat. The question of challenging such an order in a petition under Article 227 does not arise. As already noticed, in such a situation, the High Court ought to have heard and disposed of the appeal on merits.

13. But the travails continued. In view of the order dated 11-9-2002 passed by the learned single Judge holding that a petition under Article 227 has to be filed to challenge the order of the Lok Adalat, the appellants filed a petition under Article 2,27. But the said petition was dismissed by another single Judge on the ground that the order of Lok Adalat passed on 3-8-2001 had attained finality as the objections to it were dismissed on 11-9-2002 and a petition under Article 227 was not maintainable to challenge the order of Lok Adalat. He failed to notice that the order dated 3-8-2001 was neither a decision nor had it attained finality. He also failed to notice that the objections to the order were not rejected by the High Court after consideration on merits. He also overlooked the fact that the learned Judge who decided the appellants’ application, had directed that the order of the Lok Adalat should be challenged by filing a petition under Article 227. Be that as it may.

14. Thus we find that the Lok Adalat exercised a power/jurisdiction not vested in it. On the other hand, the High Court twice refused to exercise the jurisdiction vested in it, thereby denying justice and driving the appellants to this Court. In this process, a simple appeal by the legal heirs of the deceased for enhancement of compensation,has been tossed around and is pending for more than eight years, putting them to avoidable expense and harassment.

15. We therefore allow this appeal and quash the order dated 3-8-2001 of the Lok Adalat as also set aside the orders dated 11-9-2002 and 26-2-2003 of the High Court. As a consequence, the High Court shall hear and dispose of FAO No. 1549/1999 which continues to be pending on its record, on merits in accordance with law. The High Court is requested to dispose of the appeal expeditiously. Parties to bear their respective costs.

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

KEYWORDS: Alternative Dispute Resolution- Arbitration

HELD:- A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any other non-adjudicatory ADR process, the court should briefly record the same. [Paras 49(ii), 44(i) and 44(ii)]

  • The trial court did not adopt the proper procedure while enforcing Section 89. Failure to invoke Section 89 suo motu after completion of pleadings and considering it only after an application under Section 89 was filed, is erroneous. Consequently, the orders of the trial court referring the matter to arbitration and of the High Court affirming the said reference are set aside. The trial court will new consider and decide upon a non-adjudicatory ADR process. [Paras 49(i), 50, 47 and 48]

JT 2010 (7) SC 616 : (2010) 7 SCALE 293 : (2010) 8 SCC 24 : (2010) 8 SCR 1053

(SUPREME COURT OF INDIA)

AFCONs Infrastructure Ltd. and AnOTHER Appellant
Versus
Cherian Varkey Construction Co. (P) Ltd. and OTHERS Respondent

(Before : R. V. Raveendran and J. M. Panchal, JJ.)

Civil Appeal No. 6000 of 2010 (Arising out of SLP (C) No. 760 of 2007); Decided On: 26-07-2010

Civil Procedure Code, 1908—Section 89 read with Order 10, Rule 1A—Alternative Dispute Resolution (ADR)—Reference to arbitration without consent of parties—Court cannot formulate terms of settlement without discussion with parties—Court has to formulate terms of possible settlement—Court has to give option to parties to choose any of ADR processes—There can be reference to arbitration only if there is an arbitration agreement between parties—If there is no agreement between parties for reference to arbitration, Court cannot refer matter to arbitration under Section 89—When a matter is referred to conciliation, matter does not go out of stream of Court process permanently—If there is no settlement matter is returned to Court for framing issues and proceeding with trial.

Arbitration and Conciliation Act, 1996—Sections 30, 62 and 64—Civil Procedure Code, 1908—Section 89 read with Order 10, Rule 1A—Alternative Dispute Resolution (ADR)—Award of Arbitrators is binding on parties and is executable/enforceable as if a decree of a Court—Arbitration being an adjudicatory process, it always ends in a decision.

Interpretation of Statute—Rules of construction—Where words of statute are clear and unambiguous, provision should be given its plain and normal meaning, without adding or rejecting any words—Departure from literal rule of plain and straight reading can be only in exceptional cases.

Civil Procedure Code, 1908—Section 89 Order 10 Rule 1A—Arbitration & Conciliation Act, 1996—Sections 8, 74 and 30—Legal Services Authority Act, 1987—Sections 20(1) and 21.

JUDGMENT

R.V. Raveendran, J—Leave granted. The general scope of Section 89 of the Code of Civil Procedure (‘Code’ for short) and the question whether the said section empowers the court to refer the parties to a suit to arbitration without the consent of both parties, arise for consideration in this appeal.

2. The second respondent (Cochin Port Trust) entrusted the work of construction of certain bridges and roads to the appellants under an agreement dated 20.4.2001. The appellants sub-contracted a part of the said work to the first respondent under an agreement dated 1.8.2001. It is not in dispute that the agreement between the appellants and the first respondent did not contain any provision for reference of the disputes to arbitration.

3. The first respondent filed a suit against the appellants for recovery of ` 210,70,881 from the appellants and their assets and/or the amounts due to the appellants from the employer, with interest at 18% per annum. In the said suit an order of attachment was made on 15.9.2004 in regard to a sum of ` 2.25 crores. Thereafter in March 2005, the first respondent filed an application under Section 89 of the Code before the trial court praying that the court may formulate the terms of settlement and refer the matter to arbitration. The appellants filed a counter dated 24.10.2005 to the application submitting that they were not agreeable for referring the matter to arbitration or any of the other ADR processes under Section 89 of the Code. In the meanwhile, the High Court of Kerala by order dated 8.9.2005, allowed the appeal filed by the appellants against the order of attachment and raised the attachment granted by the trial court subject to certain conditions. While doing so, the High Court also directed the trial court to consider and dispose of the application filed by the first respondent under Section 89 of the Code.

4. The trial court heard the said application under Section 89. It recorded the fact that first respondent (plaintiff) was agreeable for arbitration and appellants (defendants 1 and 2) were not agreeable for arbitration. The trial court allowed the said application under Section 89 by a reasoned order dated 26.10.2005 and held that as the claim of the plaintiff in the suit related to a work contract, it was appropriate that the dispute should be settled by arbitration. It formulated sixteen issues and referred the matter to arbitration. The appellants filed a revision against the order of the trial court. The High Court by the impugned order dated 11.10.2006 dismissed the revision petition holding that the apparent tenor of Section 89 of the Code permitted the court, in appropriate cases, to refer even unwilling parties to arbitration. The High Court also held that the concept of pre existing arbitration agreement which was necessary for reference to arbitration under the provisions of the Arbitration & Conciliation Act, 1996 (‘AC Act’ for short) was inapplicable to references under Section 89 of the Code, having regard to the decision in Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya and Anr., (2003) 5 SCC 531. The said order is challenged in this appeal.

5. On the contentions urged, two questions arise for consideration:

(i) What is the procedure to be followed by a court in implementing Section 89 and Order 10 Rule 1A of the Code?

(ii) Whether consent of all parties to the suit is necessary for reference to arbitration under Section 89 of the Code?

6. To find answers to the said questions, we have to analyse the object, purpose, scope and tenor of the said provisions. The said provisions are extracted below:

89. Settlement of disputes outside the court. – (1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for –

(a) arbitration;

(b) conciliation;

(c) judicial settlement including settlement through Lok Adalat; or

(d) mediation.

(2) where a dispute has been referred –

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of Sub-section (1) of Section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

Order 10 Rule 1A. Direction of the Court to opt for any one mode of alternative dispute resolution.–After recording the admissions and denials, the Court shall direct the parties to the suit to opt either mode of the settlement outside the Court as specified in Sub-section (1) of section 89. On the option of the parties, the Court shall fix the date of appearance before such forum or authority as may be opted by the parties.

Order 10 Rule 1B. Appearance before the conciliatory forum or authority.–Where a suit is referred under Rule 1A, the parties shall appear before such forum or authority for conciliation of the suit.

Order 10 Rule 1C. Appearance before the Court consequent to the failure of efforts of conciliation.–Where a suit is referred under Rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.

7. If Section 89 is to be read and required to be implemented in its literal sense, it will be a Trial Judge’s nightmare. It puts the cart before the horse and lays down an impractical, if not impossible, procedure in Sub-section (1). It has mixed up the definitions in Sub-section (2). In spite of these defects, the object behind Section 89 is laudable and sound. Resort to alternative disputes resolution (for short ‘ADR’) processes is necessary to give speedy and effective relief to the litigants and to reduce the pendency in and burden upon the courts. As ADR processes were not being resorted to with the desired frequency, Parliament thought it fit to introduce Section 89 and Rules 1A to 1C in Order X in the Code, to ensure that ADR process was resorted to before the commencement of trial in suits. In view of its laudable object, the validity of Section 89, with all its imperfections, was upheld in Salem Advocate Bar Association v. Union of India reported in, (2003) 1 SCC 49 – for short, Salem Bar – (I) but referred to a Committee, as it was hoped that Section 89 could be implemented by ironing the creases. In Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344 – for short, Salem Bar-(II) this Court applied the principle of purposive construction in an attempt to make it workable.

What is wrong with Section 89 of the Code?

8. The first anomaly is the mixing up of the definitions of ‘mediation’ and ‘judicial settlement’ under Clauses (c) and (d) of Sub-section (2) of Section 89 of the Code. Clause (c) says that for “judicial settlement”, the court shall refer the same to a suitable institution or person who shall be deemed to be a Lok Adalat. Clause (d) provides that where the reference is to “mediation”, the court shall effect a compromise between the parties by following such procedure as may be prescribed. It makes no sense to call a compromise effected by a court, as “mediation”, as is done in Clause (d). Nor does it make any sense to describe a reference made by a court to a suitable institution or person for arriving at a settlement as “judicial settlement”, as is done in Clause (c). “Judicial settlement” is a term in vogue in USA referring to a settlement of a civil case with the help of a judge who is not assigned to adjudicate upon the dispute. “Mediation” is also a well known term and it refers to a method of non-binding dispute resolution with the assistance of a neutral third party who tries to help the disputing parties to arrive at a negotiated settlement. It is also synonym of the term ‘conciliation’. (See: Black’s Law Dictionary, 7th Edition, Pages 1377 and 996). When words are universally understood in a particular sense, and assigned a particular meaning in common parlance, the definitions of those words in Section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. The mix-up of definitions of the terms “judicial settlement” and “mediation” in Section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in Clauses (c) and (d) of Section 89(2). If the word “mediation” in Clause (d) and the words “judicial settlement” in Clause (c) are interchanged, we find that the said clauses make perfect sense.

9. The second anomaly is that Sub-section (1) of Section 89 imports the final stage of conciliation referred to in Section 73(1) of the AC Act into the pre-ADR reference stage under Section 89 of the Code. Sub-section (1) of Section 89 requires the court to formulate the terms of settlement and give them to the parties for their observation and then reformulate the terms of a possible settlement and then refer the same for any one of the ADR processes. If Sub-section (1) of Section 89 is to be literally followed, every Trial Judge before framing issues, is required to ascertain whether there exists any elements of settlement which may be acceptable to the parties, formulate the terms of settlement, give them to parties for observations and then reformulate the terms of a possible settlement before referring it to arbitration, conciliation, judicial settlement, Lok Adalat or mediation. There is nothing that is left to be done by the alternative dispute resolution forum. If all these have to be done by the trial court before referring the parties to alternative dispute resolution processes, the court itself may as well proceed to record the settlement as nothing more is required to be done, as a Judge cannot do these unless he acts as a conciliator or mediator and holds detailed discussions and negotiations running into hours.

10. Section 73 of AC Act shows that formulation and reformulation of terms of settlement is a process carried out at the final stage of a conciliation process, when the settlement is being arrived at. What is required to be done at the final stage of conciliation by a conciliator is borrowed lock, stock and barrel into Section 89 and the court is wrongly required to formulate the terms of settlement and reformulate them at a stage prior to reference to an ADR process. This becomes evident by a comparison of the wording of the two provisions.

Section 73(1) of Arbitration Section 89(1) of Code of Civil Procedure and Conciliation relating to a stage before reference to Act, 1996 relating to the final an ADR process. stage of settlement process in conciliation. When it appears to the Where it appears to the Court that there conciliator that there exist elements of a settlement which may exist elements of a settlement be acceptable to the parties, the Court which may be acceptable to the shall formulate the terms of parties, he shall settlement and give formulate the terms of a them to the parties for their observations possible settlement and after receiving the observations of the and submit them to the parties, the Court may reformulate the parties for their observations. terms of a possible settlement and refer the After receiving the observations same for (a) arbitration; of the (b) conciliation; parties, the conciliator may (c) judicial settlement reformulate the terms of a including settlement through Lok Adalat; possible settlement in the or (d) mediation. light of such observations.

Formulation and re-formulation of terms of settlement by the court is therefore wholly out of place at the stage of pre ADR reference. It is not possible for courts to perform these acts at a preliminary hearing to decide whether a case should be referred to an ADR process and, if so, which ADR process.

11. If the reference is to be made to arbitration, the terms of settlement formulated by the court will be of no use, as what is referred to arbitration is the dispute and not the terms of settlement; and the Arbitrator will adjudicate upon the dispute and give his decision by way of award. If the reference is to conciliation/mediation/Lok Adalat, then drawing up the terms of the settlement or reformulating them is the job of the conciliator or the mediator or the Lok Adalat, after going through the entire process of conciliation/ mediation. Thus, the terms of settlement drawn up by the court will be totally useless in any subsequent ADR process. Why then the courts should be burdened with the onerous and virtually impossible, but redundant, task of formulating terms of settlement at pre-reference stage?

12. It will not be possible for a court to formulate the terms of the settlement, unless the judge discusses the matter in detail with both parties. The court formulating the terms of settlement merely on the basis of pleadings is neither feasible nor possible. The requirement that the court should formulate the terms of settlement is therefore a great hindrance to courts in implementing Section 89 of the Code. This Court therefore diluted this anomaly in Salem Bar (II) by equating “terms of settlement” to a “summary of disputes” meaning thereby that the court is only required to formulate a ‘summary of disputes’ and not ‘terms of settlement’.

How should Section 89 be interpreted?

13. The principles of statutory interpretation are well settled. Where the words of the statute are clear and unambiguous, the provision should be given its plain and normal meaning, without adding or rejecting any words. Departure from the literal rule, by making structural changes or substituting words in a clear statutory provision, under the guise of interpretation will pose a great risk as the changes may not be what the Legislature intended or desired. Legislative wisdom cannot be replaced by the Judge’s views. As observed by this Court in somewhat different context: “When a procedure is prescribed by the Legislature, it is not for the court to substitute a different one according to its notion of justice. When the Legislature has spoken, the Judges cannot afford to be wiser.” See: Shri Mandir Sita Ramji v. Lt. Governor of Delhi, (1975) 4 SCC 298. There is however an exception to this general rule. Where the words used in the statutory provision are vague and ambiguous or where the plain and normal meaning of its words or grammatical construction thereof would lead to confusion, absurdity, repugnancy with other provisions, the courts may, instead of adopting the plain and grammatical construction, use the interpretative tools to set right the situation, by adding or omitting or substituting the words in the Statute. When faced with an apparently defective provision in a statute, courts prefer to assume that the draftsman had committed a mistake rather than concluding that the Legislature has deliberately introduced an absurd or irrational statutory provision. Departure from the literal rule of plain and straight reading can however be only in exceptional cases, where the anomalies make the literal compliance of a provision impossible, or absurd or so impractical as to defeat the very object of the provision. We may also mention purposive interpretation to avoid absurdity and irrationality is more readily and easily employed in relation to procedural provisions than with reference to substantive provisions.

Maxwell on Interpretation of Statutes (12th Edn., page 228), under the caption ‘modification of the language to meet the intention’ in the chapter dealing with ‘Exceptional Construction’ states the position succinctly:

Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, which can hardly have been intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence. This may be done by departing from the rules of grammar, by giving an unusual meaning to particular words, or by rejecting them altogether, on the ground that the legislature could not possibly have intended what its words signify, and that the modifications made are mere corrections of careless language and really give the true meaning. Where the main object and intention of a statute are clear, it must not be reduced to a nullity by the draftman’s unskilfulness or ignorance of the law, except in a case of necessity, or the absolute intractability of the language used.

This Court in Tirath Singh v. Bachittar Singh, AIR 1955 SC 830 approved and adopted the said approach.

In Shamrao V. Parulekar v. District Magistrate, Thana, Bombay, AIR 1952 SC 324 this Court reiterated the principle from Maxwell:

if one construction will lead to an absurdity while another will give effect to what commonsense would show was obviously intended, the construction which would defeat the ends of the Act must be rejected even if the same words used in the same section, and even the same sentence, have to be construed differently. Indeed, the law goes so far as to require the Courts sometimes even to modify the grammatical and ordinary sense of the words if by doing so absurdity and inconsistency can be avoided.

13.3 In Molar Mal v. Kay Iron Works (P) Ltd. (2004) 4 SCC 285 this Court while reiterating that courts will have to follow the rule of literal construction, which enjoins the court to take the words as used by the Legislature and to give it the meaning which naturally implies, held that there is an exception to that rule. This Court observed:

That exception comes into play when application of literal construction of the words in the statute leads to absurdity, inconsistency or when it is shown that the legal context in which the words are used or by reading the statute as a whole, it requires a different meaning.

13.4 In Mangin v. Inland Revenue Commission 1971 (1) All. ER 179 the Privy Council held:

The object of the construction of a statute, be it to ascertain the will of the legislature, it may be presumed that neither injustice nor absurdity was intended. If, therefore a literal interpretation would produce such a result, and the language admits of an interpretation which would avoid it, then such an interpretation may be adopted.

13.5 A classic example of correcting an error committed by the draftsman in legislative drafting is the substitution of the words ‘defendant’s witnesses’ by this Court for the words ‘plaintiff’s witnesses’ occurring in Order VII Rule 14(4) of the Code, in Salem Bar-II. We extract below the relevant portion of the said decision:

Order VII relates to the production of documents by the plaintiff whereas Order VIII relates to production of documents by the defendant. Under Order VIII Rule 1A(4) a document not produced by defendant can be confronted to the plaintiff’s witness during cross-examination. Similarly, the plaintiff can also confront the defendant’s witness with a document during cross-examination. By mistake, instead of ‘defendant’s witnesses’, the words ‘plaintiff’s witnesses’ have been mentioned in Order VII Rule (4). To avoid any confusion, we direct that till the legislature corrects the mistake, the words ‘plaintiff’s witnesses, would be read as ‘defendant’s witnesses’ in Order VII Rule 4. We, however, hope that the mistake would be expeditiously corrected by the legislature.

13.6 Justice G.P. Singh extracts four conditions that should be present to justify departure from the plain words of the Statute, in his treatise “Principles of Statutory Interpretation” (12th Edn. – 2010, Lexis Nexis – page 144) from the decision of the House of Lords in Stock v. Frank Jones (Tipton) Ltd. 1978 (1) All ER 948:

…a court would only be justified in departing from the plain words of the statute when it is satisfied that (1) there is clear and gross balance of anomaly; (2) Parliament, the legislative promoters and the draftsman could not have envisaged such anomaly and could not have been prepared to accept it in the interest of a supervening legislative objective; (3) the anomaly can be obviated without detriment to such a legislative objective; and (4) the language of the statute is susceptible of the modification required to obviate the anomaly.

14. All the aforesaid four conditions justifying departure from the literal rule, exist with reference to Section 89 of the Code. Therefore, in Salem Bar -II, by judicial interpretation the entire process of formulating the terms of settlement, giving them to the parties for their observation and reformulating the terms of possible settlement after receiving the observations, contained in Sub-section (1) of Section 89, is excluded or done away with by stating that the said provision merely requires formulating a summary of disputes. Further, this Court in Salem Bar-II, adopted the following definition of ‘mediation’ suggested in the model mediation rules, in spite of a different definition in Section 89(2)(d):

Settlement by ‘mediation’ means the process by which a mediator appointed by parties or by the Court, as the case may be, mediates the dispute between the parties to the suit by the application of the provisions of the Mediation Rules, 2003 in Part II, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasizing that it is the parties’ own responsibility for making decisions which affect them.

All over the country the courts have been referring cases under Section 89 to mediation by assuming and understanding ‘mediation’ to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. Judicial settlement is understood as referring to a compromise entered by the parties with the assistance of the court adjudicating the matter, or another Judge to whom the court had referred the dispute.

15. Section 89 has to be read with Rule 1A of Order 10 which requires the court to direct the parties to opt for any of the five modes of alternative dispute resolution processes and on their option refer the matter. The said rule does not require the court to either formulate the terms of settlement or make available such terms of settlement to the parties to reformulate the terms of possible settlement after receiving the observations of the parties. Therefore the only practical way of reading Section 89 and Order 10, Rule 1A is that after the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to Section 89 of the Code. Such recourse requires the court to consider and record the nature of the dispute, inform the parties about the five options available and take note of their preferences and then refer them to one of the alternative dispute resolution processes.

16. In view of the foregoing, it has to be concluded that proper interpretation of Section 89 of the Code requires two changes from a plain and literal reading of the section. Firstly, it is not necessary for the court, before referring the parties to an ADR process to formulate or re-formulate the terms of a possible settlement. It is sufficient if the court merely describes the nature of dispute (in a sentence or two) and makes the reference. Secondly, the definitions of ‘judicial settlement’ and ‘mediation’ in Clauses (c) and (d) of Section 89(2) shall have to be interchanged to correct the draftsman’s error. Clauses (c) and (d) of Section 89(2) of the Code will read as under when the two terms are interchanged:

(c) for “mediation”, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for “judicial settlement”, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

The above changes made by interpretative process shall remain in force till the legislature corrects the mistakes, so that Section 89 is not rendered meaningless and infructuous.

Whether the reference to ADR Process is mandatory?

17. Section 89 starts with the words “where it appears to the court that there exist elements of a settlement”. This clearly shows that cases which are not suited for ADR process should not be referred under Section 89 of the Code. The court has to form an opinion that a case is one that is capable of being referred to and settled through ADR process. Having regard to the tenor of the provisions of Rule 1A of Order 10 of the Code, the civil court should invariably refer cases to ADR process. Only in certain recognized excluded categories of cases, it may choose not to refer to an ADR process. Where the case is unsuited for reference to any of the ADR process, the court will have to briefly record the reasons for not resorting to any of the settlement procedures prescribed under Section 89 of the Code. Therefore, having a hearing after completion of pleadings, to consider recourse to ADR process under Section 89 of the Code, is mandatory. But actual reference to an ADR process in all cases is not mandatory. Where the case falls under an excluded category there need not be reference to ADR process. In all other case reference to ADR process is a must.

18. The following categories of cases are normally considered to be not suitable for ADR process having regard to their nature:

(i) Representative suits under Order 1 Rule 8 CPC which involve public interest or interest of numerous persons who are not parties before the court. (In fact, even a compromise in such a suit is a difficult process requiring notice to the persons interested in the suit, before its acceptance).

(ii) Disputes relating to election to public offices (as contrasted from disputes between two groups trying to get control over the management of societies, clubs, association etc.).

(iii) Cases involving grant of authority by the court after enquiry, as for example, suits for grant of probate or letters of administration.

(iv) Cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion etc.

(v) Cases requiring protection of courts, as for example, claims against minors, deities and mentally challenged and suits for declaration of title against government.

(vi) Cases involving prosecution for criminal offences.

19. All other suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special Tribunals/Forums) are normally suitable for ADR processes:

(i) All cases relating to trade, commerce and contracts, including

– disputes arising out of contracts (including all money claims);

– disputes relating to specific performance;

– disputes between suppliers and customers;

– disputes between bankers and customers;

– disputes between developers/builders and customers;

– disputes between landlords and tenants/licensor and licensees;

– disputes between insurer and insured;

(ii) All cases arising from strained or soured relationships, including

– disputes relating to matrimonial causes, maintenance, custody of children;

– disputes relating to partition/division among family members/co- parceners/co-owners; and

– disputes relating to partnership among partners.

(iii) All cases where there is a need for continuation of the pre-existing relationship in spite of the disputes, including

– disputes between neighbours (relating to easementary rights, encroachments, nuisance etc.);

– disputes between employers and employees;

– disputes among members of societies/associations/Apartment owners Associations;

(iv) All cases relating to tortious liability including

– claims for compensation in motor accidents/other accidents; and

(v) All consumer disputes including

– disputes where a trader/supplier/manufacturer/service provider is keen to maintain his business/professional reputation and credibility or ‘product popularity.

The above enumeration of ‘suitable’ and ‘unsuitable’ categorization of cases is not intended to be exhaustive or rigid. They are illustrative, which can be subjected to just exceptions or additions by the court/Tribunal exercising its jurisdiction/discretion in referring a dispute/case to an ADR process.

How to decide the appropriate ADR process under Section 89?

20. Section 89 refers to five types of ADR procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non adjudicatory) processes – conciliation, mediation, judicial settlement and Lok Adalat settlement. The object of Section 89 of the Code is that settlement should be attempted by adopting an appropriate ADR process before the case proceeds to trial. Neither Section 89 nor Rule 1A of Order 10 of the Code is intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996 or the Legal Services Authorities Act, 1987. On the other hand, Section 89 of the Code makes it clear that two of the ADR processes – Arbitration and Conciliation, will be governed by the provisions of the AC Act and two other ADR Processes – Lok Adalat Settlement and Mediation (See: amended definition in para 18 above), will be governed by the Legal Services Authorities Act. As for the last of the ADR processes – judicial settlement (See: amended definition in para 18 above), Section 89 makes it clear that it is not governed by any enactment and the court will follow such procedure as may be prescribed (by appropriate rules).

21. Rule 1A of Order 10 requires the court to give the option to the parties, to choose any of the ADR processes. This does not mean an individual option, but a joint option or consensus about the choice of the ADR process. On the other hand, Section 89 vests the choice of reference to the court. There is of course no inconsistency. Section 89 of the Code gives the jurisdiction to refer to ADR process and Rules 1A to IC of Order 10 lay down the manner in which the said jurisdiction is to be exercised. The scheme is that the court explains the choices available regarding ADR process to the parties, permits them to opt for a process by consensus, and if there is no consensus, proceeds to choose the process.

22. Let us next consider which of the ADR processes require mutual consent of the parties and which of them do not require the consent of parties.

Arbitration

23. Arbitration is an adjudicatory dispute resolution process by a private forum, governed by the provisions of the AC Act. The said Act makes it clear that there can be reference to arbitration only if there is an ‘arbitration agreement’ between the parties. If there was a pre-existing arbitration agreement between the parties, in all probability, even before the suit reaches the stage governed by Order 10 of the Code, the matter would have stood referred to arbitration either by invoking Section 8 or Section 11 of the AC Act, and there would be no need to have recourse to arbitration under Section 89 of the Code. Section 89 therefore pre-supposes that there is no pre-existing arbitration agreement. Even if there was no pre-existing arbitration agreement, the parties to the suit can agree for arbitration when the choice of ADR processes is offered to them by the court under Section 89 of the Code. Such agreement can be by means of a joint memo or joint application or a joint affidavit before the court, or by record of the agreement by the court in the ordersheet signed by the parties. Once there is such an agreement in writing signed by parties, the matter can be referred to arbitration under Section 89 of the Code; and on such reference, the provisions of AC Act will apply to the arbitration, and as noticed in Salem Bar-I the case will go outside the stream of the court permanently and will not come back to the court.

24. If there is no agreement between the parties for reference to arbitration, the court cannot refer the matter to arbitration under Section 89 of the Code. This is evident from the provisions of AC Act. A court has no power, authority or jurisdiction to refer unwilling parties to arbitration, if there is no arbitration agreement. This Court has consistently held that though Section 89 of the Code mandates reference to ADR processes, reference to arbitration under Section 89 of the Code could only be with the consent of both sides and not otherwise.

24.1 In Salem Bar (I) this Court held:

It is quite obvious that the reason why Section 89 has been inserted is to try and see that all the cases which are filed in court need not necessarily be decided by the court itself. Keeping in mind the law’s delays and the limited number of Judges which are available, it has now become imperative that resort should be had to alternative dispute resolution mechanism with a view to bring to an end litigation between the parties at an early date. The alternative dispute resolution (ADR) mechanism as contemplated by Section 89 is arbitration or conciliation or judicial settlement including settlement through Lok Adalat or mediation. x x x x x If the parties agree to arbitration, then the provisions of the Arbitration and Conciliation Act, 1996 will apply and that case will go outside the stream of the court but resorting to conciliation or judicial settlement or mediation with a view to settle the dispute would not ipso facto take the case outside the judicial system. All that this means is that effort has to be made to bring about an amicable settlement between the parties but if conciliation or mediation or judicial settlement is not possible, despite efforts being made, the case will ultimately go to trial.

Emphasis supplied)

24.2 In Salem Bar – (II), this Court held:

Some doubt as to a possible conflict has been expressed in view of used of the word “may” in Section 89 when it stipulates that “the court may reformulate the terms of a possible settlement and refer the same for” and use of the word “shall” in Order 10 Rule 1A when it states that “the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in Sub-section (1) of Section 89”.

The intention of the legislature behind enacting Section 89 is that where it appears to the court that there exists an element of a settlement which may be acceptable to the parties, they, at the instance of the court, shall be made to apply their mind so as to opt for one or the other of the four ADR methods mentioned in the section and if the parties do not agree, the court shall refer them to one or the other of the said modes. Section 89 uses both the words “shall” and “may” whereas Order 10 Rule 1A uses the word “shall” but on harmonious reading of these provisions it becomes clear that the use of the word “may” in Section 89 only governs the aspect of reformulation of the terms of a possible settlement and its reference to one of ADR methods. There is no conflict. It is evident that what is referred to one of the ADR modes is the dispute which is summarized in the terms of settlement formulated or reformulated in terms of Section 89.

One of the modes to which the dispute can be referred is “arbitration”. Section 89(2) provides that where a dispute has been referred for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (for short “the 1996 Act”) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of the 1996 Act. Section 8 of the 1996 Act deals with the power to refer parties to arbitration where there is arbitration agreement. As held in P. Anand Gajapathi Raju v. P.V.G. Raju, (2000) 4 SCC 539 the 1996 Act governs a case where arbitration is agreed upon before or pending a suit by all the parties. The 1996 Act, however, does not contemplate a situation as in Section 89 of the Code where the court asks the parties to choose one or other ADRs including arbitration and the parties choose arbitration as their option. Of course, the parties have to agree for arbitration.

(Emphasis supplied)

24.3 The position was reiterated by this Court in Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719 thus:

It should not also be overlooked that even though Section 89 mandates courts to refer pending suits to any of the several alternative dispute resolution processes mentioned therein, there cannot be a reference to arbitration even under Section 89 CPC, unless there is a mutual consent of all parties, for such reference.

(Emphasis supplied)

24.4 Therefore, where there is no pre-existing arbitration agreement between the parties, the consent of all the parties to the suit will be necessary, for referring the subject matter of the suit to arbitration under Section 89 of the Code.

Conciliation

25. Conciliation is a non-adjudicatory ADR process, which is also governed by the provisions of AC Act. There can be a valid reference to conciliation only if both parties to the dispute agree to have negotiations with the help of a third party or third parties either by an agreement or by the process of invitation and acceptance provided in Section 62 of AC Act followed by appointment of conciliator/s as provided in Section 64 of AC Act. If both parties do not agree for conciliation, there can be no ‘conciliation’. As a consequence, as in the case of arbitration, the court cannot refer the parties to conciliation under Section 89, in the absence of consent by all parties. As contrasted from arbitration, when a matter is referred to conciliation, the matter does not go out of the stream of court process permanently. If there is no settlement, the matter is returned to the court for framing issues and proceeding with the trial.

The other three ADR Processes

26. If the parties are not agreeable for either arbitration or conciliation, both of which require consent of all parties, the court has to consider which of the other three ADR processes (Lok Adalat, Mediation and Judicial Settlement) which do not require the consent of parties for reference, is suitable and appropriate and refer the parties to such ADR process. If mediation process is not available (for want of a mediation centre or qualified mediators), necessarily the court will have to choose between reference to Lok Adalat or judicial settlement. If facility of mediation is available, then the choice becomes wider. It the suit is complicated or lengthy, mediation will be the recognized choice. If the suit is not complicated and the disputes are easily sortable or could be settled by applying clear cut legal principles, Lok Adalat will be the preferred choice. If the court feels that a suggestion or guidance by a Judge would be appropriate, it can refer it to another Judge for dispute resolution. The court has to use its discretion in choosing the ADR process judiciously, keeping in view the nature of disputes, interests of parties and expedition in dispute resolution.

Whether the settlement in an ADR process is binding in itself ?

27. When the court refers the matter to arbitration under Section 89 of the Act, as already noticed, the case goes out of the stream of the court and becomes an independent proceeding before the arbitral tribunal. Arbitration being an adjudicatory process, it always ends in a decision. There is also no question of failure of ADR process or the matter being returned to the court with a failure report. The award of the arbitrators is binding on the parties and is executable/enforceable as if a decree of a court, having regard to Section 36 of the AC Act. If any settlement is reached in the arbitration proceedings, then the award passed by the Arbitral Tribunal on such settlement, will also be binding and executable/enforceable as if a decree of a court, under Section 30 of the AC Act.

28. The other four ADR processes are non-adjudicatory and the case does not go out of the stream of the court when a reference is made to such a non- adjudicatory ADR forum. The court retains its control and jurisdiction over the case, even when the matter is before the ADR forum. When a matter is settled through conciliation, the Settlement Agreement is enforceable as if it is a decree of the court having regard to Section 74 read with Section 30 of the AC Act. Similarly, when a settlement takes place before the Lok Adalat, the Lok Adalat award is also deemed to be a decree of the civil court and executable as such under Section 21 of the Legal Services Authorities Act, 1987. Though the settlement agreement in a conciliation or a settlement award of a Lok Adalat may not require the seal of approval of the court for its enforcement when they are made in a direct reference by parties without the intervention of court, the position will be different if they are made on a reference by a court in a pending suit/proceedings. As the court continues to retain control and jurisdiction over the cases which it refers to conciliations, or Lok Adalats, the settlement agreement in conciliation or the Lok Adalat award will have to be placed before the court for recording it and disposal in its terms. Where the reference is to a neutral third party (‘mediation’ as defined above) on a court reference, though it will be deemed to be reference to Lok Adalat, as court retains its control and jurisdiction over the matter, the mediation settlement will have to be placed before the court for recording the settlement and disposal. Where the matter is referred to another Judge and settlement is arrived at before him, such settlement agreement will also have to be placed before the court which referred the matter and that court will make a decree in terms of it. Whenever such settlements reached before non-adjudicatory ADR Fora are placed before the court, the court should apply the principles of Order 23 Rule 3 of the Code and make a decree/order in terms of the settlement, in regard to the subject matter of the suit/proceeding. In regard to matters/disputes which are not the subject matter of the suit/proceedings, the court will have to direct that the settlement shall be governed by Section 74 of AC Act (in respect of conciliation settlements) or Section 21 of the Legal Services Authorities Act, 1987 (in respect of settlements by a Lok Adalat or a Mediator). Only then such settlements will be effective.

Summation

29. Having regard to the provisions of Section 89 and Rule 1A of Order 10, the stage at which the court should explore whether the matter should be referred to ADR processes, is after the pleadings are complete, and before framing the issues, when the matter is taken up for preliminary hearing for examination of parties under Order 10 of the Code. However, if for any reason, the court had missed the opportunity to consider and refer the matter to ADR processes under Section 89 before framing issues, nothing prevents the court from resorting to Section 89 even after framing issues. But once evidence is commenced, the court will be reluctant to refer the matter to the ADR processes lest it becomes a tool for protracting the trial.

30. Though in civil suits, the appropriate stage for considering reference to ADR processes is after the completion of pleadings, in family disputes or matrimonial cases, the position can be slightly different. In those cases, the relationship becomes hostile on account of the various allegations in the petition against the spouse. The hostility will be further aggravated by the counter-allegations made by the respondent in his or her written statement or objections. Therefore, as far as Family Courts are concerned, the ideal stage for mediation will be immediately after service of respondent and before the respondent files objections/written statements. Be that as it may.

31. We may summarize the procedure to be adopted by a court under Section 89 of the Code as under:

a) When the pleadings are complete, before framing issues, the court shall fix a preliminary hearing for appearance of parties. The court should acquaint itself with the facts of the case and the nature of the dispute between the parties.

b) The court should first consider whether the case falls under any of the category of the cases which are required to be tried by courts and not fit to be referred to any ADR processes. If it finds the case falls under any excluded category, it should record a brief order referring to the nature of the case and why it is not fit for reference to ADR processes. It will then proceed with the framing of issues and trial.

c) In other cases (that is, in cases which can be referred to ADR processes) the court should explain the choice of five ADR processes to the parties to enable them to exercise their option.

d) The court should first ascertain whether the parties are willing for arbitration. The court should inform the parties that arbitration is an adjudicatory process by a chosen private forum and reference to arbitration will permanently take the suit outside the ambit of the court. The parties should also be informed that the cost of arbitration will have to be borne by them. Only if both parties agree for arbitration, and also agree upon the arbitrator, the matter should be referred to arbitration.

e) If the parties are not agreeable for arbitration, the court should ascertain whether the parties are agreeble for reference to conciliation which will be governed by the provisions of the AC Act. If all the parties agree for reference to conciliation and agree upon the conciliator/s, the court can refer the matter to conciliation in accordance with Section 64 of the AC Act.

f) If parties are not agreeable for arbitration and conciliation, which is likely to happen in most of the cases for want of consensus, the court should, keeping in view the preferences/options of parties, refer the matter to any one of the other three other ADR processes: (a) Lok Adalat; (b) mediation by a neutral third party facilitator or mediator; and (c) a judicial settlement, where a Judge assists the parties to arrive at a settlement.

(g) If the case is simple which may be completed in a single sitting, or cases relating to a matter where the legal principles are clearly settled and there is no personal animosity between the parties (as in the case of motor accident claims), the court may refer the matter to Lok Adalat. In case where the questions are complicated or cases which may require several rounds of negotiations, the court may refer the matter to mediation. Where the facility of mediation is not available or where the parties opt for the guidance of a Judge to arrive at a settlement, the court may refer the matter to another Judge for attempting settlement.

(h) If the reference to the ADR process fails, on receipt of the Report of the ADR Forum, the court shall proceed with hearing of the suit. If there is a settlement, the court shall examine the settlement and make a decree in terms of it, keeping the principles of Order 23 Rule 3 of the Code in mind.

(i) If the settlement includes disputes which are not the subject matter of the suit, the court may direct that the same will be governed by Section 74 of the AC Act (if it is a Conciliation Settlement) or Section 21 of the Legal Services Authorities Act, 1987 (if it is a settlement by a Lok Adalat or by mediation which is a deemed Lok Adalat). If the settlement is through mediation and it relates not only to disputes which are the subject matter of the suit, but also other disputes involving persons other than the parties to the suit, the court may adopt the principle underlying Order Rule 3 of the Code. This will be necessary as many settlement agreements deal with not only the disputes which are the subject matter of the suit or proceeding in which the reference is made, but also other disputes which are not the subject matter of the suit.

(j) Settlement is ex facie illegal or unenforceable, the court should draw the attention of parties thereto to avoid further litigations and disputes about executability.

32. The Court should also bear in mind the following consequential aspects, while giving effect to Section 89 of the Code:

(i) If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. Nothing further need be stated in the order sheet.

(ii) If the reference is to any other ADR process, the court should briefly record that having regard to the nature of dispute, the case deserves to be referred to Lok Adalat, or mediation or judicial settlement, as the case may be. There is no need for an elaborate order for making the reference.

(iii) The requirement in Section 89(1) that the court should formulate or reformulate the terms of settlement would only mean that court has to briefly refer to the nature of dispute and decide upon the appropriate ADR process.

(iv) If the Judge in charge of the case assists the parties and if settlement negotiations fail, he should not deal with the adjudication of the matter, to avoid apprehensions of bias and prejudice. It is therefore advisable to refer cases proposed for Judicial Settlement to another Judge.

(v) If the court refers the matter to an ADR process (other than Arbitration), it should keep track of the matter by fixing a hearing date for the ADR Report. The period allotted for the ADR process can normally vary from a week to two months (which may be extended in exceptional cases, depending upon the availability of the alternative forum, the nature of case etc.). Under no circumstances the court should allow the ADR process to become a tool in the hands of an unscrupulous litigant intent upon dragging on the proceedings.

(vi) Normally the court should not send the original record of the case when referring the matter for an ADR forum. It should make available only copies of relevant papers to the ADR forum. (For this purpose, when pleadings are filed the court may insist upon filing of an extra copy). However if the case is referred to a Court annexed Mediation Centre which is under the exclusive control and supervision of a Judicial Officer, the original file may be made available wherever necessary.

33. The procedure and consequential aspects referred to in the earlier two paragraphs are intended to be general guidelines subject to such changes as the concerned court may deem fit with reference to the special circumstances of a case. We have referred to the procedure and process rather elaborately as we find that Section 89 has been a non-starter with many courts. Though the process under Section 89 appears to be lengthy and complicated, in practice the process is simple: know the dispute; exclude ‘unfit’ cases; ascertain consent for arbitration or conciliation; if there is no consent, select Lok Adalat for simple cases and mediation for all other cases, reserving reference to a Judge assisted settlement only in exceptional or special cases.

Conclusion

34. Coming back to this case, we may refer to the decision in Sukanya Holdings relied upon by the respondents, to contend that for a reference to arbitration under Section 89 of the Code, consent of parties is not required. The High Court assumed that Sukanya Holdings has held that Section 89 enables the civil court to refer a case to arbitration even in the absence of an arbitration agreement. Sukanya Holdings does not lay down any such proposition. In that decision, this Court was considering the question as to whether an application under Section 8 of the AC Act could be maintained even where a part of the subject matter of the suit was not covered by an arbitration agreement. The only observations in the decision relating to Section 89 are as under:

Reliance was placed on Section 89 CPC in support of the argument that the matter should have been referred to arbitration. In our view, Section 89 CPC cannot be resorted to for interpreting Section 8 of the Act as it stands on a different footing and it would be applicable even in cases where there is no arbitration agreement for referring the dispute for arbitration. Further, for that purpose, the court has to apply its mind to the condition contemplated under Section 89 CPC and even if application under Section 8 of the Act is rejected, the court is required to follow the procedure prescribed under the said section.

The observations only mean that even when there is no existing arbitration agreement enabling filing of an application under Section 8 of the Act, there can be a reference under Section 89 to arbitration if parties agree to arbitration. The observations in Sukanya Holdings do not assist the first respondent as they were made in the context of considering a question as to whether Section 89 of the Code could be invoked for seeking a reference under Section 8 of the AC Act in a suit, where only a part of the subject- matter of the suit was covered by arbitration agreement and other parts were not covered by arbitration agreement. The first respondent next contended that the effect of the decision in Sukanya Holdings is that “section 89 of CPC would be applicable even in cases where there is no arbitration agreement for referring the dispute to arbitration.” There can be no dispute in regard to the said proposition as Section 89 deals, not only with arbitration but also four other modes of non-adjudicatory resolution processes and existence of an arbitration agreement is not a condition precedent for exercising power under Section 89 of the Code in regard to the said four ADR processes.

35. In the light of the above discussion, we answer the questions as follows:

(i) The trial court did not adopt the proper procedure while enforcing Section 89 of the Code. Failure to invoke Section 89 suo moto after completion of pleadings and considering it only after an application under Section 89 was filed, is erroneous.

(ii) A civil court exercising power under Section 89 of the Code cannot refer a suit to arbitration unless all the parties to the suit agree for such reference.

36. Consequently, this appeal is allowed and the order of the trial court referring the matter to arbitration and the order of the High Court affirming the said reference are set aside. The Trial Court will now consider and decide upon a non-adjudicatory ADR process.


Chronological list of cases cited
1. (2007)5 SCC 719, Jagdish Chander v.Ramesh Chander
2. (2005) 6 SCC 344, Salem Advocate Bar Assn.c(II) v. Union of India
4. (2003) 5 SCC 531, Sukanya Holdings (P) Ltd. v. Jayesh H.Pandya
5. (2003) 1 SCC 49, Salem Advocate Bar Assn. (I) v. Union of India
6. (2000) 4 SCC 539, P. Anand Gajapathi Raju v. P. V.G. Raju
7. (2000) 4 SCC 285, Molar Mai v. Kay Iron Works (P) Ltd.
8. (1978) 1 WLR 231 : (1978) 1 All ER 948 (HL), Stock v. Frank Jones (Tipton) Ltd
9. (1975) 4 SCC 29S,Shri Mandir Sita Ramji v. Lt. Governor of Delhi
10. 1971 AC 739 : (1971) 2 WLR 39 : (1971) 1 All ER 179 (PC), Mangin v.IRC
10. AIR 1955 SC 830, Tirath Singh v. Bachittar Singh
11. AIR 1952 SC 324 : 1952 Cri LJ 1503, Shamrao V. Parulekarv. District Magistrate, Thana

Salem Advocate Bar Assn. (II) v. Union of India, (2005) 6 SCC 344, relied on
Black’s Law Dictionary, 7th Edn., pp. 1377 and 996, referred to
Salem Advocate Bar Assn. (I) v. Union of India, (2003) 1 SCC 49; Salem Advocate Bar Assn. (II) v.
Union of India. (2005) 6 SCC 344, relied on
Salem Advocate Bar Assn. (II) v. Union of India, (2005) 6 SCC 344; Shri iviandir Sita Ramji v. Lt.
Governor of Delhi, (1975) 4 SCC 298; Tirath Singh v. Bachittar Singh, AIR 1955 SC 830; Shamrao V.
Parulekar v. District Magistrate, Thana, AER 1952 SC 324 : 1952 Cri U 1503: Molar Mai v. Kay Iron
Works (P) Ltd., (2000) 4 SCC 285; Mangin v. IRC, 1971 AC 739 : (1971) 2 WLR 39 : (1971) 1 All ER
179 (PC); Stock v. Frank Jones (Tipton) Ltd, (1978) I WLR 231 : (1978) 1 All ER948 (HL), relied on
Maxwell: Interpretation of Statutes (12th Edn., p. 228); Principles of Statutory Interpretation (12th Edn. 2010, Lexis Nexis, p. 144), referred to

Human Rights Bodies PAST AND PRESENT OF THE UNITED NATIONS

Charter-based bodies

Human Rights Council
Universal Periodic Review
Commission on Human Rights (replaced by the Human Rights Council)
Special Procedures of the Human Rights Council
Human Rights Council Complaint Procedure

Treaty-based bodies

There are ten human rights treaty bodies that monitor implementation of the core international human rights treaties:

Human Rights Committee (CCPR)
Committee on Economic, Social and Cultural Rights (CESCR)
Committee on the Elimination of Racial Discrimination (CERD)
Committee on the Elimination of Discrimination against Women (CEDAW)
Committee against Torture (CAT)
Subcommittee on Prevention of Torture (SPT)
Committee on the Rights of the Child (CRC)
Committee on Migrant Workers (CMW)
Committee on the Rights of Persons with Disabilities (CRPD)
Committee on Enforced Disappearances (CED)

CORE HUMAN RIGHTS INSTRUMENTS

Date
Monitoring Body
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
21 Dec 1965
CERD
ICCPR International Covenant on Civil and Political Rights
16 Dec 1966
CCPR
ICESCR International Covenant on Economic, Social and Cultural Rights
16 Dec 1966
CESCR
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
18 Dec 1979
CEDAW
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
10 Dec 1984
CAT
CRC Convention on the Rights of the Child
20 Nov 1989
CRC
ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
18 Dec 1990
CMW
CPED International Convention for the Protection of All Persons from Enforced Disappearance
20 Dec 2006
CED
CRPD Convention on the Rights of Persons with Disabilities
13 Dec 2006
CRPD
ICESCR – OP Optional Protocol to the Covenant on Economic, Social and Cultural Rights
10 Dec 2008
CESCR
ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights
16 Dec 1966
CCPR
ICCPR-OP2 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
15 Dec 1989
CCPR
OP-CEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women
10 Dec 1999
CEDAW
OP-CRC-AC Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
25 May 2000
CRC
OP-CRC-SC Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
25 May 2000
CRC
OP-CRC-IC Optional Protocol to the Convention on the Rights of the Child on a communications procedure

14 Apr 2014

CRC
OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
18 Dec 2002
SPT
OP-CRPD Optional Protocol to the Convention on the Rights of Persons with Disabilities
12 Dec 2006
CRPD

 

The power given by S. 115 of the Code of civil procedure is clearly limited to the keeping of the Subordinate Courts within the bounds of their jurisdiction.

SUPREME COURT OF INDIA in Major S. S. Khanna Versus Brig. F. J. Dillon[AIR 1964 SC 497 : (1964) 4 SCR 409] held

28. Section 115 of the Code of Civil Procedure reads as follows:

“The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,

the High Court may make such order in the case as it thinks fit.”

29. The power which this section confers is clearly of the nature of a proceeding on a writ of Certiorari. But it differs from that power in many ways. Certiorari has many different forms which may be classified as follows:

(1) Certiorari to remove for trial;

(2) Certiorari for Judgment or indictment;

(3) Certiorari to quash;

(4) Certiorari for purposes of execution or coercive process:

(5) Certiorari to remove orders etc., on case stated;

(6) Certiorari to remove Depositions for Bail, and

(7) Certiorari to remove Record for use as evidence.

30. In English Common Law Certiorari to quash issues in a completed case and the Common Law is now crystallised by order 58 of the rules of Supreme Court. In America Certiorari has been differently understood and is a means of review. That arises from the Special Appellate Jurisdiction of the United States Supreme Court created by Statute (See U. S. C. A. Tit 28, para 1254) and from the fact that the Supreme Court must of necessity exercise this power as a part of its appellate jurisdiction.

31. This supervisory power of the High Court under the English Law is not to be confused with visitorial power of the High Court exercisable by the writ of Mandamus. Mandamus issues to Courts only when justice is delayed and is a command to them to hear and dispose of the case. There is also the writ of Prohibition which issues to a Court to stop it from taking upon itself to examine a cause and to decide it without legal authority. The writ of Mandamus was evolved much later than the writ of Certiorari and by Mandamus the Courts were not directed to give any particular Judgment but merely to give Judgment. An erroneous Judgment could be set aside on appeal or quashed by Certiorari. Prohibition lay to prevent assumption of jurisdiction but only before an order was passed. Certiorari to quash lay in a completed case on a question of jurisdiction and an error of law apparent from the face of the record. As Lord Summer observed in Rex. v. Nat Bell Liquors Ltd., 1922-2 AC 128 at page No. 156:

“Its jurisdiction is to see that the inferior Court has not exceeded its own, and for that very reason it is bound not to interfere in what has been done within that jurisdiction, for in so doing it would itself, in turn, transgress the limits which its own jurisdiction of supervision, not of review, is confined. That supervision goes to two points:one is the area of the inferior jurisdiction and the qualifications and conditions of its exercise; the other is the observance of the law in the course of its exercise.” 32. From the above discussion it is apparent that interference with a case before an inferior Court by Prerogative writs could take place under the English Law:

(a) by stopping proceedings before the case was decided by a writ of Prohibition;

(b) ordering the trial of a case and the delivery of Judgment by Mandamus.

(c) quashing an order in a completed case for want of jurisdiction or for an error of law apparent on the face of the record.

33. The power given by S. 115 of the Code is clearly limited to the keeping of the Subordinate Courts within the bounds of their jurisdiction. It does not comprehend the power exercisable under the writ of Prohibition or Mandamus. It is also not a full power of Certiorari inasmuch as it arises only in a case of jurisdiction and not in a case of error. It has been ruled by the Judicial Committee and also by this Court that the section is concerned with jurisdiction and jurisdiction alone involving a refusal to exercise jurisdiction where one exists or an assumption of jurisdiction where none exists and lastly acting with illegality or material irregularity. Where there is no question of jurisdiction in this manner the decision cannot be corrected for it has also bee ruled that a Court has jurisdiction to decide wrongly as well as rightly. But once a flaw of jurisdiction is found the High Court need not quash and remit as is the practice in English Law under the writ of Certiorari but pass such order as it thinks fit.

34. Judged from this angle, the decision of the trial judge being erroneous for the reasons pointed out by my learned brother Shah, J., the trial judge was clearly denying a jurisdiction by holding that the suits were not maintainable. The only question is whether these can be said to be “cases” “decided” by the Subordinate Judge and whether the suits answer the description “in which no appeal lies”. It may be noticed that the last phrase does not speak of an appeal ‘under the Code’. The description therefore is a general one and applies to every decision of a court subordinate to the High Court in which no appeal lies, whether under the Code or otherwise. A decision of the Subordinate Court is therefore amenable to the revisional jurisdiction of the High Court unless that jurisdiction is clearly barred by a special law or an appeal lies therefrom.

 

Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.

Calcutta High Court  in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench]

 Division Bench of this Court held as follows:

‘……..The grant of a probate is not a condition precedent to the institution of the suit by the executor. See Chandra Kishore Roy v. Prasanna Kumari Dasi (1). There cannot be any doubt that the appellant had right to institute the present suit as executor before he obtained the probate. Whether as executor he would be entitled to recover the decree or to maintain the same passed by the trial Court without producing the probate is an entirely different matter. It is well established on authorities that he will be entitled to get a decree, if he produces the probate before the passing of the final decree…..’ [Calcutta High Court in Sibaji Mitra Vs. Smt. Prakashwati Chopra and anr. (2004)2CALLT555(HC) decided on Mar-11-2004 , clarified the matter .]

Whether any interlocutory order passed in an eviction suit under west Bengal premises tenancy Act is assailable under Articles 226 and 227 of the Constitution of India.

Calcutta High Court In  Tapas Biswas Vs. Shyama Prosad Ghosal [(2008)4CALLT455(HC)]

The orders passed by the Civil Judge having jurisdiction in connection with any interlocutory proceeding including a proceeding under Section 7 of the West Bengal Premises Tenancy Act, 1997, are the orders passed by the Civil Judge and, as such, is revisable either under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India before the single Judge of the High Court as per the provision of the Appellate Side Rules. Since such an order passed by the Civil Judge cannot be regarded as an order passed by an authority under the West Bengal Land Reforms and Tenancy Tribunal Act, such order cannot be challenged either under Articles 226 or under Article 227 before the Tribunal constituted under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

the successive amendments of various provisions of the West Bengal Premises Tenancy Act, 1997 namely Section 6, Section 7. Section 38 of the said Act are considered minutely, then the only conclusion which can be arrived at is that after amendment of 2005 and 2006 two distinctly different forums were created for adjudication of distinctly different types of disputes between the landlord and the tenant. Though a uniform forum was initially created for adjudication of any dispute between the landlord and the tenant but subsequently after 2005, eviction proceeding was taken out of the domain of the Controller and was given to the exclusive jurisdiction of the Civil Court for resolution of disputes. When Civil Courts were given exclusive jurisdiction to try a suit for eviction filed by the landlord against his tenant and when the Civil Court was authorized to pass a decree for eviction after adjudication of the civil rights of a party in such a suit, it cannot be held that the Civil Courts are authority within the meaning of the authority under Section 2(b) of the West Bengal Land Reforms and Tenancy Tribunal Act inasmuch as, such Civil Courts are not created and/or appointed under the said Act but such authority was vested upon the existing Civil Courts constituted under the Bengal, Agra and Assam Civil Courts Act.

ARBITRATION ACT 2001 [Singapore]

Table of Contents
Arbitration Act
(CHAPTER 10)
Long Title
Part I PRELIMINARY
1 Short title
2 Interpretation
3 Application of this Act
Part II ARBITRATION AGREEMENT
4 Definition and form of arbitration agreement
5 Arbitration agreement not to be discharged by death of party
Part III STAY OF LEGAL PROCEEDINGS
6 Stay of legal proceedings
7 Court’s powers on stay of proceedings
8 Reference of interpleader issue to arbitration
Part IV COMMENCEMENT OF ARBITRAL PROCEEDINGS
9 Commencement of arbitral proceedings
10 Powers of Court to extend time for beginning of arbitral proceedings
11 Application of Limitation Act and Foreign Limitation Periods Act 2012
Part V ARBITRAL TRIBUNAL
12 Number of arbitrators
13 Appointment of arbitrators
14 Grounds for challenge
15 Challenge procedure
16 Failure or impossibility to act
17 Arbitrator ceasing to hold office
18 Appointment of substitute arbitrator
19 Decision by panel of arbitrators
20 Liability of arbitrator
Part VI JURISDICTION OF ARBITRAL TRIBUNAL
21 Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction
21A Appeal on ruling of jurisdiction
Part VII ARBITRAL PROCEEDINGS
22 General duties of arbitral tribunal
23 Determination of rules of procedure
24 Statements of claim and defence
25 Hearings and written proceedings
26 Consolidation of proceedings and concurrent hearings
27 Power to appoint experts
28 General powers exercisable by arbitral tribunal
29 Powers of arbitral tribunal in case of party’s default
30 Witnesses may be summoned by subpoena
31 Court’s powers exercisable in support of arbitral proceedings
Part VIII AWARD
32 Law applicable to substance of dispute
33 Awards made on different issues
34 Remedies
35 Interest
36 Extension of time for making award
37 Award by consent
38 Form and contents of award
39 Costs of arbitration
40 Fees of arbitrator
41 Power to withhold award in case of non-payment
42 Court may charge property with payment of solicitor’s costs in arbitration
43 Correction or interpretation of award and additional award
44 Effect of award
Part IX POWERS OF COURT IN RELATION TO AWARD
45 Determination of preliminary point of law
46 Enforcement of award
47 No judicial review of award
48 Court may set aside award
49 Appeal against award
50 Supplementary provisions to appeal under section 49
51 Effect of order of Court upon appeal against award
52 Application for leave of Court, etc.
Part X MISCELLANEOUS
53 Notice and other requirements in connection with legal proceedings
54 Powers of Court and Registrar
55 Rules of Court
56 Proceedings to be heard otherwise than in open court
57 Restrictions on reporting of proceedings heard otherwise than in open court
58 Application to references under statutory powers
59 Immunity of arbitral institutions
59A Authentication of awards and arbitration agreements
60 Service of notices
61 Reckoning periods of time
62 Appointment of mediator
63 Power of arbitrator to act as mediator
64 Act to bind Government
65 Transitional provisions

Devider

ARBITRATION ACT
(CHAPTER 10)
(Original Enactment: Act 37 of 2001)

REVISED EDITION 2002
(31st July 2002)
An Act to provide for the conduct of arbitration.
[1st March 2002]

PART I
PRELIMINARY

Short title
1. This Act may be cited as the Arbitration Act.
Interpretation
2.—(1) In this Act, unless the context otherwise requires —
“appointing authority” means the appointing authority designated under section 13(8) or (9);
“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or an arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation;
“arbitration agreement” means an arbitration agreement referred to in section 4;
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;
“Court” means the High Court in Singapore;
“court”, for the purposes of sections 6, 7, 8, 11(1), 55, 56 and 57, means the High Court, District Court, Magistrate’s Court or any other court in which the proceedings referred to in those sections are instituted or heard;
[Deleted by Act 12 of 2012 wef 01/06/2012]
[Deleted by Act 12 of 2012 wef 01/06/2012]
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration*;
* See section 9 of the Contracts (Rights of Third Parties) Act (Cap. 53B) on third parties who are treated as parties to an arbitration agreement.
“the place of the arbitration” means the juridical seat of the arbitration designated by —
(a) the parties to the arbitration agreement;
(b) any arbitral or other institution or person authorised by the parties for that purpose; or
(c) the arbitral tribunal as authorised by the parties,
or determined, in the absence of such designation, having regard to the arbitration agreement and all the relevant circumstances.
(2) Where any provision in this Act allows the parties to determine any issue, the parties may authorise a third party, including an arbitral institution, to make that determination.
(3) Where any provision in this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules incorporated in that agreement.
(4) Where any provision in this Act refers to a claim, it shall also apply to a cross-claim or counter-claim, and where such provision refers to a defence, it shall also apply to a defence to such cross-claim or counter-claim.
Application of this Act
3. This Act shall apply to any arbitration where the place of arbitration is Singapore and where Part II of the International Arbitration Act (Cap. 143A) does not apply to that arbitration.
PART II
ARBITRATION AGREEMENT
Definition and form of arbitration agreement
4.—(1) In this Act, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct or by other means.
(5) The requirement that an arbitration agreement shall be in writing is satisfied by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference.
(6) Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there shall be deemed to be an effective arbitration agreement as between the parties to the proceedings.
(7) A reference in a contract to any document containing an arbitration clause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the contract.
(8) A reference in a bill of lading to a charterparty or other document containing an arbitration clause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading.
(9) In this section —
“data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;
“electronic communication” means any communication that the parties make by means of data messages.
Arbitration agreement not to be discharged by death of party
5.—(1) An arbitration agreement shall not be discharged by the death of any party to the agreement but shall continue to be enforceable by or against the personal representative of the deceased party.
(2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.
(3) Nothing in this section shall be taken to affect the operation of any written law or rule of law by virtue of which any right of action is extinguished by the death of a person.
PART III
STAY OF LEGAL PROCEEDINGS
Stay of legal proceedings
6.—(1) Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after appearance and before delivering any pleading or taking any other step in the proceedings, apply to that court to stay the proceedings so far as the proceedings relate to that matter.
(2) The court to which an application has been made in accordance with subsection (1) may, if the court is satisfied that —
(a) there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
(b) the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration,
make an order, upon such terms as the court thinks fit, staying the proceedings so far as the proceedings relate to that matter.
(3) Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as the court thinks fit in relation to any property which is or forms part of the subject of the dispute to which the order under that subsection relates.
(4) Where no party to the proceedings has taken any further step in the proceedings for a period of not less than 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.
(5) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.
Court’s powers on stay of proceedings
7.—(1) Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that —
(a) the property arrested be retained as security for the satisfaction of any award made on the arbitration; or
(b) the stay be conditional on the provision of equivalent security for the satisfaction of any such award.
(2) Subject to the Rules of Court and to any necessary modification, the same law and practice shall apply in relation to property retained in pursuance of an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order.
Reference of interpleader issue to arbitration
8. Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.
PART IV
COMMENCEMENT OF ARBITRAL PROCEEDINGS
Commencement of arbitral proceedings
9. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Powers of Court to extend time for beginning of arbitral proceedings
10.—(1) Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies shall be barred unless —
(a) some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun;
(b) notice to appoint an arbitrator is given;
(c) an arbitrator is appointed; or
(d) some other step is taken to commence arbitral proceedings,
within a time fixed by the agreement and a dispute to which the agreement applies has arisen, the Court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time for such period and on such terms as the Court thinks fit.
(2) An order of extension of time made by the Court under subsection (1) —
(a) may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
(b) may be made notwithstanding that the time so fixed has expired; and
(c) shall not affect the operation of section 9 or 11 or any other written law relating to the limitation of actions.
Application of Limitation Act and Foreign Limitation Periods Act 2012
11.—(1) The Limitation Act (Cap. 163) and the Foreign Limitation Periods Act 2012 shall apply to arbitral proceedings as they apply to proceedings before any court and any reference in both Acts to the commencement of proceedings shall be construed as a reference to the commencement of arbitral proceedings.
(2) The Court may order that in computing the time prescribed by the Limitation Act or the Foreign Limitation Periods Act 2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject-matter of —
(a) an award which the Court orders to be set aside or declares to be of no effect; or
(b) the affected part of an award which the Court orders to be set aside in part or declares to be in part of no effect,
the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.
(3) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action shall, for the purposes of the Limitation Act and the Foreign Limitation Periods Act 2012, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.
PART V
ARBITRAL TRIBUNAL
Number of arbitrators
12.—(1) The parties are free to determine the number of arbitrators.
(2) Failing such determination, there shall be a single arbitrator.
Appointment of arbitrators
13.—(1) Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator.
(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3) Where the parties fail to agree on a procedure for appointing the arbitrator or arbitrators —
(a) in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or
(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.
(4) Where subsection (3)(a) applies —
(a) if a party fails to appoint an arbitrator within 30 days of receipt of a first request to do so from the other party; or
(b) if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so,
the appointment shall be made, upon the request of a party, by the appointing authority.
(5) If, under an appointment procedure agreed upon by the parties —
(a) a party fails to act as required under such procedure;
(b) the parties are unable to reach an agreement expected of them under such procedure; or
(c) a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,
any party may apply to the appointing authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.
(6) Where a party makes a request or makes an application to the appointing authority under subsection (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following:
(a) the nature of the subject-matter of the arbitration;
(b) the availability of any arbitrator;
(c) the identities of the parties to the arbitration;
(d) any suggestion made by any of the parties regarding the appointment of any arbitrator;
(e) any qualifications required of the arbitrator by the arbitration agreement; and
(f) such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
(7) No appointment by the appointing authority shall be challenged except in accordance with this Act.
(8) For the purposes of this Act, the appointing authority shall be the President of the Court of Arbitration of the Singapore International Arbitration Centre.
(9) The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the appointing authority under this section.
Grounds for challenge
14.—(1) Where any person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.
(2) An arbitrator shall, from the time of his appointment and throughout the arbitral proceedings, disclose without delay any such circumstance as is referred to in subsection (1) to the parties unless they have already been so informed by him.
(3) Subject to subsection (4), an arbitrator may be challenged only if —
(a) circumstances exist that give rise to justifiable doubts as to his impartiality or independence; or
(b) he does not possess the qualifications agreed to by the parties.
(4) A party who has appointed or participated in the appointment of any arbitrator may challenge such arbitrator only if he becomes aware of any of the grounds of challenge set out in subsection (3) as may be applicable to the arbitrator after the arbitrator has been appointed.
Challenge procedure
15.—(1) Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.
(2) If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall —
(a) within 15 days after becoming aware of the constitution of the arbitral tribunal; or
(b) after becoming aware of any circumstance referred to in section 14(3),
send a written statement of the grounds for the challenge to the arbitral tribunal.
(3) The arbitral tribunal shall, unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, decide on the challenge.
(4) If a challenge before the arbitral tribunal is unsuccessful, the aggrieved party may, within 30 days after receiving notice of the decision rejecting the challenge, apply to the Court to decide on the challenge and the Court may make such order as it thinks fit.
(5) No appeal shall lie against the decision of the Court under subsection (4).
(6) While an application to the Court under subsection (4) is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
Failure or impossibility to act
16.—(1) A party may request the Court to remove an arbitrator —
(a) who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
(b) who has refused or failed —
(i) to properly conduct the proceedings; or
(ii) to use all reasonable despatch in conducting the proceedings or making an award,
and where substantial injustice has been or will be caused to that party.
(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the Court shall not exercise its power of removal unless it is satisfied that the applicant has first exhausted any available recourse to that institution or person.
(3) While an application to the Court under this section is pending, the arbitral tribunal, including the arbitrator concerned may continue the arbitral proceedings and make an award.
(4) Where the Court removes an arbitrator, the Court may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.
(5) The arbitrator concerned is entitled to appear and be heard by the Court before it makes any order under this section.
(6) No appeal shall lie against the decision of the Court made under subsection (4).
Arbitrator ceasing to hold office
17.—(1) The authority of an arbitrator shall cease upon his death.
(2) An arbitrator shall cease to hold office if —
(a) he withdraws from office under section 15(3);
(b) an order is made under section 15(4) for the termination of his mandate or his removal;
(c) he is removed by the Court under section 16 or by an institution referred to in section 16(2); or
(d) the parties agree on the termination of his mandate.
(3) The withdrawal of an arbitrator or the termination of an arbitrator’s mandate by the parties shall not imply acceptance of the validity of any ground referred to in section 14(3) or 16(1).
Appointment of substitute arbitrator
18.—(1) Where an arbitrator ceases to hold office, the parties are free to agree —
(a) whether and if so how the vacancy is to be filled;
(b) whether and if so to what extent the previous proceedings should stand; and
(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).
(2) If or to the extent that there is no such agreement, the following subsections shall apply.
(3) Section 13 (appointment of arbitrators) shall apply in relation to the filling of the vacancy as in relation to an original appointment.
(4) The arbitral tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.
(5) The reconstitution of the arbitral tribunal shall not affect any right of a party to challenge the previous proceedings on any ground which had arisen before the arbitrator ceased to hold office.
(6) The ceasing to hold office by the arbitrator shall not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a presiding arbitrator.
Decision by panel of arbitrators
19.—(1) In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by all or a majority of all its members.
(2) Any question of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunal.
Liability of arbitrator
20. An arbitrator shall not be liable for —
(a) negligence in respect of anything done or omitted to be done in the capacity of the arbitrator; or
(b) any mistake of law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award.
PART VI
JURISDICTION OF ARBITRAL TRIBUNAL
Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction
21.—(1) The arbitral tribunal may rule on its own jurisdiction, including a plea that it has no jurisdiction and any objections to the existence or validity of the arbitration agreement, at any stage of the arbitral proceedings.
(2) For the purpose of subsection (1), an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.
(3) A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure (as a matter of law) the invalidity of the arbitration clause.
(4) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.
(5) A party shall not be precluded from raising the plea that the arbitral tribunal does not have jurisdiction by the fact that he has appointed, or participated in the appointment of, an arbitrator.
(6) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
(7) Notwithstanding any delay in raising a plea referred to in subsection (4) or (6), the arbitral tribunal may admit such plea if it considers the delay to be justified in the circumstances.
(8) The arbitral tribunal may rule on a plea referred to in this section either as a preliminary question or in an award on the merits.
(9) If the arbitral tribunal rules —
(a) on a plea as a preliminary question that it has jurisdiction; or
(b) on a plea at any stage of the arbitral proceedings that it has no jurisdiction,
any party may, within 30 days after having received notice of that ruling, apply to the Court to decide the matter.
(10) [Deleted by Act 12 of 2012 wef 01/06/2012]
(11) [Deleted by Act 12 of 2012 wef 01/06/2012]
Appeal on ruling of jurisdiction
21A.—(1) An appeal from the decision of the High Court made under section 21 shall lie to the Court of Appeal only with the leave of the High Court.
(2) There shall be no appeal against a refusal for grant of leave of the High Court.
(3) Where the High Court, or the Court of Appeal on appeal, decides that the arbitral tribunal has jurisdiction —
(a) the arbitral tribunal shall continue the arbitral proceedings and make an award; and
(b) where any arbitrator is unable or unwilling to continue the arbitral proceedings, the mandate of that arbitrator shall terminate and a substitute arbitrator shall be appointed in accordance with section 18.
(4) In making a ruling or decision under this section or section 21 that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the High Court or the Court of Appeal (as the case may be) may make an award or order of costs of the proceedings, including the arbitral proceedings (as the case may be), against any party.
(5) Where an award of costs is made by the arbitral tribunal under subsection (4), section 39(1) shall apply with the necessary modifications.
(6) Where an application is made pursuant to section 21 ―
(a) such application shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court orders otherwise; and
(b) no intermediate act or proceeding shall be invalidated except so far as the High Court may direct.
(7) Where there is an appeal from the decision of the High Court pursuant to subsection (1) —
(a) such appeal shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court or the Court of Appeal orders otherwise; and
(b) no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct.
PART VII
ARBITRAL PROCEEDINGS
General duties of arbitral tribunal
22. The arbitral tribunal shall act fairly and impartially and shall give each party a reasonable opportunity of presenting his case.
Determination of rules of procedure
23.—(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Act, conduct the arbitration in such manner as it considers appropriate.
(3) The power conferred on the arbitral tribunal under subsection (2) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
Statements of claim and defence
24.—(1) Within the period of time agreed by the parties or, failing such agreement, as determined by the arbitral tribunal, the claimant shall state —
(a) the facts supporting his claim;
(b) the points at issue; and
(c) the relief or remedy sought,
and the respondent shall state his defence in respect of the particulars set out in this subsection, unless the parties have otherwise agreed to the required elements of such statements.
(2) The parties may submit to the arbitral tribunal with their statements, all documents they consider to be relevant or other documents which refer to such documents, or other evidence.
(3) Except as otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment, having regard to the delay in making the amendment.
Hearings and written proceedings
25.—(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall determine if proceedings are to be conducted by oral hearing for the presentation of evidence or oral argument or on the basis of documents and other materials.
(2) Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall, upon the request of a party, hold such hearings at an appropriate stage of the proceedings.
(3) The parties shall be given sufficient notice in advance of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.
(4) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party.
(5) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
Consolidation of proceedings and concurrent hearings
26.—(1) The parties may agree —
(a) that the arbitral proceedings shall be consolidated with other arbitral proceedings; or
(b) that concurrent hearings shall be held,
on such terms as may be agreed.
(2) Unless the parties agree to confer such power on the arbitral tribunal, the tribunal has no power to order consolidation of arbitral proceedings or concurrent hearings.
Power to appoint experts
27.—(1) Unless otherwise agreed by the parties, the arbitral tribunal may —
(a) appoint one or more experts to report to it on specific issues to be determined by the tribunal; and
(b) require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.
(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present other expert witnesses in order to testify on the points at issue.
General powers exercisable by arbitral tribunal
28.—(1) The parties may agree on the powers which may be exercised by the arbitral tribunal for the purposes of and in relation to the arbitral proceedings.
(2) Without prejudice to the powers conferred on the arbitral tribunal by the parties under subsection (1), the tribunal shall have powers to make orders or give directions to any party for —
(a) security for costs;
(b) discovery of documents and interrogatories;
(c) giving of evidence by affidavit;
(d) a party or witness to be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation;
(e) the preservation and interim custody of any evidence for the purposes of the proceedings;
(f) samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject-matter of the dispute; and
(g) the preservation, interim custody or sale of any property which is or forms part of the subject-matter of the dispute.
(3) The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (2)(a) shall not be exercised by reason only that the claimant is —
(a) an individual ordinarily resident outside Singapore; or
(b) a corporation or an association incorporated or formed under the law of a country outside Singapore, or whose central management and control is exercised outside Singapore.
(4) All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, by leave of the Court, be enforceable in the same manner as if they were orders made by the Court and, where leave is so given, judgment may be entered in terms of the order or direction.
Powers of arbitral tribunal in case of party’s default
29.—(1) The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party’s failure to take any necessary action for the proper and expeditious conduct of the proceedings.
(2) Unless otherwise agreed by the parties, if, without showing sufficient cause —
(a) the claimant fails to communicate his statement of claim in accordance with section 24, the arbitral tribunal may terminate the proceedings;
(b) the respondent fails to communicate his statement of defence in accordance with section 24, the arbitral tribunal may continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; and
(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
(3) If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim, and the delay —
(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or
(b) has caused, or is likely to cause, serious prejudice to the respondent,
the tribunal may make an award dismissing the claim.
Witnesses may be summoned by subpoena
30.—(1) Any party to an arbitration agreement may take out a subpoena to testify or a subpoena to produce documents.
(2) The Court may order that a subpoena to testify or a subpoena to produce documents shall be issued to compel the attendance before an arbitral tribunal of a witness wherever he may be within Singapore.
(3) The Court may also issue an order under section 38 of the Prisons Act (Cap. 247) to bring up a prisoner for examination before an arbitral tribunal.
(4) No person shall be compelled under any such subpoena to produce any document which he could not be compelled to produce on the trial of an action.
Court’s powers exercisable in support of arbitral proceedings
31.—(1) The Court shall have the following powers for the purpose of and in relation to an arbitration to which this Act applies:
(a) the same power to make orders in respect of any of the matters set out in section 28 as it has for the purpose of and in relation to an action or matter in the Court;
(b) securing the amount in dispute;
(c) ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party; and
(d) an interim injunction or any other interim measure.
(2) An order made by the Court under this section shall cease to have effect in whole or in part (as the case may be) if the arbitral tribunal, or any such arbitral or other institution or person having power to act in relation to the subject-matter of the order, makes an order which expressly relates to the whole or part of that order of the Court.
(3) The Court, in exercising any power under this section, shall have regard to —
(a) any application made before the arbitral tribunal; or
(b) any order made by the arbitral tribunal,
in respect of the same issue.
(4) Provision may be made by Rules of Court for conferring on the Registrar of the Supreme Court (within the meaning of the Supreme Court of Judicature Act (Cap. 322)) or other officer of the Court all or any of the jurisdiction conferred by this Act on the Court.
PART VIII
AWARD
Law applicable to substance of dispute
32.—(1) The arbitral tribunal shall decide the dispute in accordance with the law chosen by the parties as applicable to the substance of the dispute.
(2) If or to the extent that the parties have not chosen the law applicable to the substance of their dispute, the arbitral tribunal shall apply the law determined by the conflict of laws rules.
(3) The arbitral tribunal may decide the dispute, if the parties so agree, in accordance with such other considerations as are agreed by them or determined by the tribunal.
Awards made on different issues
33.—(1) Unless otherwise agreed by the parties, the arbitral tribunal may make more than one award at different points in time during the proceedings on different aspects of the matters to be determined.
(2) The arbitral tribunal may, in particular, make an award relating to —
(a) an issue affecting the whole claim; or
(b) a part only of the claim, counter-claim or cross-claim, which is submitted to the tribunal for decision.
(3) If the arbitral tribunal makes an award under this section, it shall specify in its award, the issue, or claim or part of a claim, which is the subject-matter of the award.
Remedies
34.—(1) The parties may agree on the powers exercisable by the arbitral tribunal as regards remedies.
(2) Unless otherwise agreed by the parties, the arbitral tribunal may award any remedy or relief that could have been ordered by the Court if the dispute had been the subject of civil proceedings in that Court.
Interest
35.—(1) Subject to subsection (3), unless otherwise agreed by the parties, the arbitral tribunal may, in the arbitral proceedings before it, award simple or compound interest from such date, at such rate and with such rest as the arbitral tribunal considers appropriate, for any period ending not later than the date of payment on the whole or any part of —
(a) any sum which is awarded by the arbitral tribunal in the arbitral proceedings;
(b) any sum which is in issue in the arbitral proceedings but is paid before the date of the award; or
(c) costs awarded or ordered by the arbitral tribunal in the arbitral proceedings.
(2) Nothing in subsection (1) shall affect any other power of the arbitral tribunal to award interest.
(3) Where an award directs a sum to be paid, that sum shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as a judgment debt.
Extension of time for making award
36.—(1) Where the time for making an award is limited by the arbitration agreement, the Court may by order, unless otherwise agreed by the parties, extend that time.
(2) An application for an order under this section may be made —
(a) upon notice to the parties, by the arbitral tribunal; or
(b) upon notice to the arbitral tribunal and the other parties, by any party to the proceedings.
(3) An application under this section shall not be made unless all available tribunal processes for application of extension of time have been exhausted.
(4) The Court shall not make an order under this section unless it is satisfied that substantial injustice would otherwise be done.
(5) The Court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed by or under the arbitration agreement or by a previous order has expired.
(6) The leave of the Court shall be required for any appeal from a decision of the Court under this section.
Award by consent
37.—(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An arbitral award on agreed terms —
(a) shall be made in accordance with section 38;
(b) shall state that it is an award; and
(c) shall have the same status and effect as any other award on the merits of the case.
(3) An award on agreed terms may, with the leave of the Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the award.
Form and contents of award
38.—(1) The award shall be made in writing and shall be signed —
(a) in the case of a single arbitrator, by the arbitrator himself; or
(b) in the case of 2 or more arbitrators, by all the arbitrators or the majority of the arbitrators provided that the reason for any omitted signature of any arbitrator is stated.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no grounds are to be stated or the award is an award on agreed terms under section 37.
(3) The date of the award and place of arbitration shall be stated in the award.
(4) The award shall be deemed to have been made at the place of arbitration.
(5) After the award is made, a copy of the award signed by the arbitrators in accordance with subsection (1) shall be delivered to each party.
Costs of arbitration
39.—(1) Any costs directed by an award to be paid shall, unless the award otherwise directs, be taxed by the Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act (Cap. 322).
(2) Subject to subsection (3), any provision in an arbitration agreement to the effect that the parties or any party shall in any event pay their or his own costs of the reference or award or any part thereof shall be void; and this Act shall, in the case of an arbitration agreement containing any such provision, have effect as if there were no such provision.
(3) Subsection (2) shall not apply where a provision in an arbitration agreement to the effect that the parties or any party shall in any event pay their or his own costs is part of an agreement to submit to arbitration a dispute which has arisen before the making of such agreement.
(4) If no provision is made by an award with respect to the costs of the reference, any party to the reference may, within 14 days of the delivery of the award or such further time as the arbitral tribunal may allow, apply to the arbitral tribunal for an order directing by and to whom such costs shall be paid.
(5) The arbitral tribunal shall, after giving the parties a reasonable opportunity to be heard, amend its award by adding thereto such directions as it thinks fit with respect to the payment of the costs of the reference.
Fees of arbitrator
40.—(1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses as are appropriate in the circumstances.
(2) Unless the fees of the arbitral tribunal have been fixed by written agreement or such agreement has provided for determination of the fees by a person or institution agreed to by the parties, any party to the arbitration may require that such fees be taxed by the Registrar of the Supreme Court within the meaning of the Supreme Court of Judicature Act (Cap. 322).
Power to withhold award in case of non-payment
41.—(1) The arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.
(2) Where subsection (1) applies, a party to the arbitral proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court, which may order that —
(a) the arbitral tribunal shall deliver the award upon payment into Court by the applicant of the fees and expenses demanded, or such lesser amount as the Court may specify;
(b) the amount of the fees and expenses demanded shall be taxed by the Registrar of the Supreme Court; and
(c) out of the money paid into Court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money (if any) shall be paid out to the applicant.
(3) A taxation of fees under this section shall be reviewed in the same manner as a taxation of costs.
(4) The arbitrator shall be entitled to appear and be heard on any taxation or review of taxation under this section.
(5) For the purpose of this section, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 40 or under any agreement relating to the payment of fees and expenses of the arbitrators.
(6) No application to the Court may be made unless the Court is satisfied that the applicant has first exhausted any available arbitral process for appeal or review of the amount of the fees or expenses demanded by the arbitrators.
(7) This section shall apply to any arbitral or other institution or person vested with powers by the parties in relation to the delivery of the award by the tribunal and any reference to the fees and expenses of the arbitrators shall be construed as including the fees and expenses of that institution or person.
(8) The leave of the Court shall be required for any appeal from a decision of the Court under this section.
Court may charge property with payment of solicitor’s costs in arbitration
42. Section 117 of the Legal Profession Act (Cap. 161) (which empowers a Court in which a solicitor has been employed in any proceeding to charge property recovered or preserved in the proceeding with the payment of his costs) shall apply as if an arbitration were a proceeding in the Court, and the Court may make declarations and orders accordingly.
Correction or interpretation of award and additional award
43.—(1) A party may, within 30 days of the receipt of the award, unless another period of time has been agreed upon by the parties —
(a) upon notice to the other parties, request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical error, or other error of similar nature; and
(b) upon notice to the other parties, request the arbitral tribunal to give an interpretation of a specific point or part of the award, if such request is also agreed to by the other parties.
(2) If the arbitral tribunal considers the request in subsection (1) to be justified, the tribunal shall make such correction or give such interpretation within 30 days of the receipt of the request and such interpretation shall form part of the award.
(3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) or give an interpretation referred to in subsection (1)(b), on its own initiative, within 30 days of the date of the award.
(4) Unless otherwise agreed by the parties, a party may, within 30 days of receipt of the award and upon notice to the other party, request the arbitral tribunal to make an additional award as to claims presented during the arbitral proceedings but omitted from the award.
(5) If the arbitral tribunal considers the request in subsection (4) to be justified, the tribunal shall make the additional award within 60 days of the receipt of such request.
(6) The arbitral tribunal may, if necessary, extend the period of time within which it shall make a correction, interpretation or an additional award under this section.
(7) Section 38 shall apply to an award in respect of which a correction or interpretation has been made under this section and to an additional award.
Effect of award
44.—(1) An award made by the arbitral tribunal pursuant to an arbitration agreement shall be final and binding on the parties and on any person claiming through or under them and may be relied upon by any of the parties by way of defence, set-off or otherwise in any proceedings in any court of competent jurisdiction.
(2) Except as provided in section 43, upon an award being made, including an award made in accordance with section 33, the arbitral tribunal shall not vary, amend, correct, review, add to or revoke the award.
(3) For the purposes of subsection (2), an award is made when it has been signed and delivered in accordance with section 38.
(4) This section shall not affect the right of a person to challenge the award by any available arbitral process of appeal or review or in accordance with the provisions of this Act.
PART IX
POWERS OF COURT IN RELATION TO AWARD
Determination of preliminary point of law
45.—(1) Unless otherwise agreed by the parties, the Court may, on the application of a party to the arbitral proceedings who has given notice to the other parties, determine any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties.
(2) The Court shall not consider an application under this section unless —
(a) it is made with the agreement of all parties to the proceedings; or
(b) it is made with the permission of the arbitral tribunal and the Court is satisfied that —
(i) the determination of the question is likely to produce substantial savings in costs; and
(ii) the application is made without delay.
(3) The application shall identify the question of law to be determined and, except where made with the agreement of all parties to the proceedings, shall state the grounds on which it is said that the question should be decided by the Court.
(4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the Court under this section is pending.
(5) Except with the leave of the Court, no appeal shall lie from a decision of the Court on whether the conditions in subsection (2) are met.
(6) The decision of the Court on a question of law shall be a judgment of the Court for the purposes of an appeal to the Court of Appeal.
(7) The Court may give leave to appeal against the decision of the Court in subsection (6) only if the question of law before it is one of general importance, or is one which for some other special reason should be considered by the Court of Appeal.
Enforcement of award
46.—(1) An award made by the arbitral tribunal pursuant to an arbitration agreement may, with leave of the Court, be enforced in the same manner as a judgment or order of the Court to the same effect.
(2) Where leave of the Court is so granted, judgment may be entered in the terms of the award.
(3) Notwithstanding section 3, subsection (1) shall apply to an award irrespective of whether the place of arbitration is Singapore or elsewhere.
No judicial review of award
47. The Court shall not have jurisdiction to confirm, vary, set aside or remit an award on an arbitration agreement except where so provided in this Act.
Court may set aside award
48.—(1) An award may be set aside by the Court —
(a) if the party who applies to the Court to set aside the award proves to the satisfaction of the Court that —
(i) a party to the arbitration agreement was under some incapacity;
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the laws of Singapore;
(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;
(iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, except that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside;
(v) the composition of the arbitral tribunal or the arbitral procedure is not in accordance with the agreement of the parties, unless such agreement is contrary to any provisions of this Act from which the parties cannot derogate, or, in the absence of such agreement, is contrary to the provisions of this Act;
(vi) the making of the award was induced or affected by fraud or corruption;
(vii) a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced; or
(b) if the Court finds that —
(i) the subject-matter of the dispute is not capable of settlement by arbitration under this Act; or
(ii) the award is contrary to public policy.
(2) An application for setting aside an award may not be made after the expiry of 3 months from the date on which the party making the application had received the award, or if a request has been made under section 43, from the date on which that request had been disposed of by the arbitral tribunal.
(3) When a party applies to the Court to set aside an award under this section, the Court may, where appropriate and so requested by a party, suspend the proceedings for setting aside an award, for such period of time as it may determine, to allow the arbitral tribunal to resume the arbitral proceedings or take such other action as may eliminate the grounds for setting aside an award.
Appeal against award
49.—(1) A party to arbitral proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.
(2) Notwithstanding subsection (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal’s award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.
(3) An appeal shall not be brought under this section except —
(a) with the agreement of all the other parties to the proceedings; or
(b) with the leave of the Court.
(4) The right to appeal under this section shall be subject to the restrictions in section 50.
(5) Leave to appeal shall be given only if the Court is satisfied that —
(a) the determination of the question will substantially affect the rights of one or more of the parties;
(b) the question is one which the arbitral tribunal was asked to determine;
(c) on the basis of the findings of fact in the award —
(i) the decision of the arbitral tribunal on the question is obviously wrong; or
(ii) the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and
(d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the Court to determine the question.
(6) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.
(7) The leave of the Court shall be required for any appeal from a decision of the Court under this section to grant or refuse leave to appeal.
(8) On an appeal under this section, the Court may by order —
(a) confirm the award;
(b) vary the award;
(c) remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court’s determination; or
(d) set aside the award in whole or in part.
(9) The Court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.
(10) The decision of the Court on an appeal under this section shall be treated as a judgment of the Court for the purposes of an appeal to the Court of Appeal.
(11) The Court may give leave to appeal against the decision of the Court in subsection (10) only if the question of law before it is one of general importance, or one which for some other special reason should be considered by the Court of Appeal.
Supplementary provisions to appeal under section 49
50.—(1) This section shall apply to an application or appeal under section 49.
(2) An application or appeal may not be brought if the applicant or appellant has not first exhausted —
(a) any available arbitral process of appeal or review; and
(b) any available recourse under section 43 (correction or interpretation of award and additional award).
(3) Any application or appeal shall be brought within 28 days of the date of the award or, if there has been any arbitral process of appeal or review, of the date when the applicant or appellant was notified of the result of that process.
(4) If on an application or appeal it appears to the Court that the award —
(a) does not contain the arbitral tribunal’s reasons; or
(b) does not set out the arbitral tribunal’s reasons in sufficient detail to enable the Court to properly consider the application or appeal,
the Court may order the arbitral tribunal to state the reasons for its award in sufficient detail for that purpose.
(5) Where the Court makes an order under subsection (4), it may make such further order as it thinks fit with respect to any additional costs of the arbitration resulting from its order.
(6) The Court may order the applicant or appellant to provide security for the costs of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.
(7) The power to order security for costs shall not be exercised by reason only that the applicant or appellant is —
(a) an individual ordinarily resident outside Singapore; or
(b) a corporation or association incorporated or formed under the law of a country outside Singapore or whose central management and control is exercised outside Singapore.
(8) The Court may order that any money payable under the award shall be brought into Court or otherwise secured pending the determination of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.
(9) The Court may grant leave to appeal subject to conditions to the same or similar effect as an order under subsection (6) or (8) and this shall not affect the general discretion of the Court to grant leave subject to conditions.
Effect of order of Court upon appeal against award
51.—(1) Where the Court makes an order under section 49 with respect to an award, subsections (2), (3) and (4) shall apply.
(2) Where the award is varied by the Court, the variation shall have effect as part of the arbitral tribunal’s award.
(3) Where the award is remitted to the arbitral tribunal, in whole or in part, for reconsideration, the tribunal shall make a fresh award in respect of the matters remitted within 3 months of the date of the order for remission or such longer or shorter period as the Court may direct.
(4) Where the award is set aside or declared to be of no effect, in whole or in part, the Court may also order that any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which the arbitration agreement applies, shall be of no effect as regards the subject-matter of the award or, as the case may be, the relevant part of the award.
Application for leave of Court, etc.
52.—(1) An application for the leave of the Court to appeal or an application referred to in section 21A(1), 36(6) or 49(3)(b) or (7) shall be made in such manner as may be prescribed in the Rules of Court.
(2) The Court shall determine an application for leave to appeal without a hearing unless it appears to the Court that a hearing is required.
(3) For the purposes of this section —
(a) an application for leave of the Court may be heard and determined by a Judge in Chambers; and
(b) the Court of Appeal shall have the like powers and jurisdiction on the hearing of such applications as the High Court or any Judge in Chambers has on the hearing of such applications.
PART X
MISCELLANEOUS
Notice and other requirements in connection with legal proceedings
53.—(1) References in this Act to an application, appeal or other step in relation to legal proceedings being taken upon notice to the other parties to the arbitral proceedings, or to the arbitral tribunal, are references to such notice of the originating process as is required by the Rules of Court.
(2) Subject to any provision made by Rules of Court, a requirement to give notice to the arbitral tribunal of legal proceedings shall be construed —
(a) if there is more than one arbitrator, as a requirement to give notice to each of them; and
(b) if the arbitral tribunal is not fully constituted, as a requirement to give notice to any arbitrator who has been appointed.
(3) References in this Act to making an application or appeal to the Court within a specified period are references to the issue within that period of the appropriate originating process in accordance with the Rules of Court.
(4) Where any provision of this Act requires an application or appeal to be made to the Court within a specified time, the Rules of Court relating to the reckoning of periods, the extending or abridging of periods, and the consequences of not taking a step within the period prescribed by the Rules, shall apply in relation to that requirement.
(5) Provision may be made by Rules of Court amending the provisions of this Act —
(a) with respect to the time within which any application or appeal to the Court must be made;
(b) so as to keep any provision made by this Act in relation to arbitral proceedings in step with the corresponding provision of the Rules of Court applying in relation to proceedings in the Court; or
(c) so as to keep any provision made by this Act in relation to legal proceedings in step with the corresponding provision of the Rules of Court applying generally in relation to proceedings in the Court.
(6) Nothing in this section shall affect the generality of the power of the Rules Committee to make Rules of Court.
Powers of Court and Registrar
54. Provision may be made by Rules of Court for conferring on the Registrar of the Supreme Court or other officer of the Court all or any of the jurisdiction conferred by this Act on the Court.
Rules of Court
55. The Rules Committee constituted under section 80 of the Supreme Court of Judicature Act (Cap. 322) may make Rules of Court regulating the practice and procedure of any court in respect of any matter under this Act.
Proceedings to be heard otherwise than in open court
56. Proceedings under this Act in any court shall, on the application of any party to the proceedings, be heard otherwise than in open court.
Restrictions on reporting of proceedings heard otherwise than in open court
57.—(1) This section shall apply to proceedings under this Act in any court heard otherwise than in open court.
(2) A court hearing any proceedings to which this section applies shall, on the application of any party to the proceedings, give directions as to whether any and, if so, what information relating to the proceedings may be published.
(3) A court shall not give a direction under subsection (2) permitting information to be published unless —
(a) all parties to the proceedings agree that such information may be published; or
(b) the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
(4) Notwithstanding subsection (3), where a court gives grounds of decision for a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, the court shall direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that he was such a party, the court shall —
(a) give directions as to the action that shall be taken to conceal that matter in those reports; and
(b) if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report shall be published until after the end of such period, not exceeding 10 years, as it considers appropriate.
Application to references under statutory powers
58. This Act shall apply in relation to every arbitration under any other written law (other than the International Arbitration Act (Cap. 143A)), as if the arbitration were commenced pursuant to an arbitration agreement, except in so far as this Act is inconsistent with that other written law.
Immunity of arbitral institutions
59.—(1) The appointing authority, or an arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator, shall not be liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.
(2) The appointing authority, or an arbitral or other institution or person by whom an arbitrator is appointed or nominated, shall not be liable, by reason only of having appointed or nominated him, for anything done or omitted by the arbitrator, his employees or agents in the discharge or purported discharge of his functions as arbitrator.
(3) This section shall apply to an employee or agent of the appointing authority or of an arbitral or other institution or person as it applies to the appointing authority, institution or person himself.
Authentication of awards and arbitration agreements
59A.—(1) For the purposes of the enforcement of an award in any Convention country, the Minister may by order appoint such persons holding office in such arbitral institution or other organisation as the Minister may specify in the order, to authenticate any award or arbitration agreement or to certify copies thereof.
(2) Any person appointed under subsection (1) —
(a) shall comply with any condition imposed by the Minister; and
(b) shall not, without the written consent of the parties, directly or indirectly disclose any matter, including the identity of any party to the award or arbitration agreement, to any third party.
(3) An award or arbitration agreement or a copy thereof duly authenticated or certified by a person appointed under subsection (1) shall be deemed to have been authenticated or certified by a competent authority in Singapore for the purposes of enforcement in any Convention country.
(4) For the avoidance of doubt, nothing in this section shall —
(a) prevent any person from authenticating any award or arbitration agreement or certifying copies thereof in any other manner or method or by any other person, institution or organisation; or
(b) affect the right of a person to challenge or appeal against any award by any available arbitral process of appeal or review, or in accordance with the provisions of this Act.
(5) In this section, “Convention country” has the same meaning as in section 27(1) of the International Arbitration Act (Cap. 143A).
Service of notices
60.—(1) The parties are free to agree on the manner of service of any notice or other document required or authorised to be given or served in pursuance of the arbitration agreement or for the purposes of the arbitral proceedings.
(2) If or to the extent that there is no such agreement as is referred to in subsection (1), subsections (3) and (4) shall apply.
(3) A notice or other document may be served on a person by any effective means.
(4) If a notice or other document is addressed, prepaid and delivered by post —
(a) to the addressee’s usual or last known place of residence or, if he is or has been carrying on a trade, profession or business, his usual or last known place of business; or
(b) if the addressee is a body corporate, to the body corporate’s registered office,
it shall be treated as effectively served.
(5) This section shall not apply to the service of documents for the purposes of legal proceedings, for which provision is made by Rules of Court.
(6) References in this Part to a notice or other document include any form of communication in writing and references to giving or serving a notice or other document shall be construed accordingly.
Reckoning periods of time
61.—(1) The parties may agree on the method of reckoning periods of time for the purposes of —
(a) any provision agreed by them; or
(b) any provision of this Act having effect in default of such agreement.
(2) If or to the extent that the parties have not agreed on the method of reckoning time, periods of time shall be reckoned in accordance with this section.
(3) Where the act is required to be done within a specified period after or from a specified date, the period shall begin immediately after that date.
(4) Where an act is required to be done within or not less than a specified period before a specified date, the period shall end immediately before that date.
(5) Where the act is required to be done, a specified number of clear days after a specified date, at least that number of days shall intervene between the day on which the act is done and that date.
(6) Where the period in question being a period of 7 days or less would include a Saturday, Sunday or a public holiday, that day shall be excluded.
Appointment of mediator
62.—(1) In any case where an agreement provides for the appointment of a mediator by a person who is not one of the parties and that person refuses to make the appointment or does not make the appointment within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the Chairman of the Singapore Mediation Centre may, on the application of any party to the agreement, appoint a mediator who shall have the like powers to act in the mediation proceedings as if he had been appointed in accordance with the terms of the agreement.
(2) The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the Chairman of the Singapore Mediation Centre under subsection (1).
(3) Where an arbitration agreement provides for the appointment of a mediator and further provides that the person so appointed shall act as an arbitrator in the event of the mediation proceedings failing to produce a settlement acceptable to the parties —
(a) no objection shall be taken to the appointment of such person as an arbitrator, or to his conduct of the arbitral proceedings, solely on the ground that he had acted previously as a mediator in connection with some or all of the matters referred to arbitration; and
(b) if such person declines to act as an arbitrator, any other person appointed as an arbitrator shall not be required first to act as a mediator unless a contrary intention appears in the arbitration agreement.
(4) Unless a contrary intention appears therein, an agreement which provides for the appointment of a mediator shall be deemed to contain a provision that in the event of the mediation proceedings failing to produce a settlement acceptable to the parties within 4 months, or such longer period as the parties may agree to, of the date of the appointment of the mediator or, where he is appointed by name in the agreement, of the receipt by him of written notification of the existence of a dispute, the mediation proceedings shall thereupon terminate.
Power of arbitrator to act as mediator
63.—(1) If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn his consent in writing, an arbitrator may act as a mediator.
(2) An arbitrator acting as a mediator —
(a) may communicate with the parties to the arbitral proceedings collectively or separately; and
(b) shall treat information obtained by him from a party to the arbitral proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
(3) Where confidential information is obtained by an arbitrator from a party to the arbitral proceedings during mediation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator shall before resuming the arbitral proceedings disclose to all other parties to the arbitral proceedings as much of that information as he considers material to the arbitral proceedings.
(4) No objection shall be taken to the conduct of arbitral proceedings by a person solely on the ground that that person had acted previously as a mediator in accordance with this section.
(5) For the purposes of this section and section 62 —
(a) any reference to a mediator shall include a reference to any person who acts as a conciliator;
(b) any reference to mediation proceedings shall include a reference to conciliation proceedings.

Act to bind Government
64. This Act shall bind the Government.
Transitional provisions
65.—(1) This Act shall apply to arbitration proceedings commenced on or after 1st March 2002 but the parties may in writing agree that this Act shall apply to arbitration proceedings commenced before that date.
(2) Notwithstanding the repeal of the Arbitration Act (Cap. 10, 1985 Ed.), where the arbitration proceedings were commenced before 1st March 2002, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been enacted.
(3) Where an arbitration agreement made or entered into before 1st March 2002 provides for the appointment of an umpire or an arbitral tribunal comprising 2 arbitrators, the law to the extent that it governs the appointment, role and function of the umpire shall be the law which would have applied if this Act had not been enacted.
(4) For the purposes of this section, arbitration proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed in writing that any other date is to be taken as the date of commencement of the arbitration proceedings, then on that date.

CONSTITUTION OF THE REPUBLIC OF SINGAPORE

Table of Contents
Constitution of the Republic of Singapore
(CHAPTER CONST)
Part I Preliminary
1 Citation
2 Interpretation
Part II The Republic and the Constitution
3 Republic of Singapore
4 Supremacy of Constitution
5 Amendment of Constitution
5A (Repealed)
Part III Protection of the Sovereignty of the Republic of Singapore
6 No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
7 Participation in co-operative international schemes which are beneficial to Singapore
8 No amendment to this Part except by referendum
Part IV Fundamental Liberties
9 Liberty of the person
10 Slavery and forced labour prohibited
11 Protection against retrospective criminal laws and repeated trials
12 Equal protection
13 Prohibition of banishment and freedom of movement
14 Freedom of speech, assembly and association
15 Freedom of religion
16 Rights in respect of education
Part V The Government
Chapter 1 — The President
17 The President
17A Election of President
18 Presidential Elections Committee
19 Qualifications of President
19A Disabilities of President
19B Reserved election for community that has not held office of President for 5 or more consecutive terms
20 Term of office
21 Discharge and performance of functions of President
21A General time limit for President to exercise discretionary powers
22 Appointment of public officers, etc.
22A Appointment of members of statutory boards
22B Budgets of statutory boards
22C Appointment of directors of Government companies
22D Budgets of Government companies
22E Moneys of the Central Provident Fund
22F President’s access to information
22G Concurrence of President for certain investigations
22H President may withhold assent to certain Bills
22I Restraining order under Maintenance of Religious Harmony Act
22J Civil List and personal staff of President
22K Immunity of President from suit
22L Vacation of and removal from office of President
22M Determination by Election Judge that President was not duly elected or election of President was void
22N Persons to exercise functions of President when office is vacant
22O Temporary disability of President
22P Grant of pardon, etc.
Chapter 2 — The Executive
23 Executive authority of Singapore
24 Cabinet
25 Appointment of Prime Minister and Ministers
26 Tenure of office of Prime Minister and Ministers
27 Oath
28 Summoning of and presiding in Cabinet
29 Validity of proceedings in Cabinet
30 Assignment of responsibility to Ministers
31 Parliamentary Secretaries
32 Leave of absence for Ministers and Parliamentary Secretaries
33 Disabilities of Ministers and Parliamentary Secretaries
34 Permanent Secretaries
35 Attorney-General
35A Deputy Attorneys-General
36 Secretary to Cabinet
Chapter 3 — Capacity as regards property, contracts and suits
37 Capacity of Government as regards property, contracts and suits
Part VA Council of Presidential Advisers
37A Interpretation of this Part
37B Council of Presidential Advisers
37C Alternate members
37D Qualifications of members and considerations in appointing members
37E Disqualifications of members
37F Termination of membership
37G Determination of questions as to membership
37H Oaths of Allegiance and Secrecy
37I Function of Council
37IA President’s general duty to consult Council
37IB President to immediately refer to Council certain cases concerning veto powers
37IC Referred cases — time limit for Council to make recommendation
37ID Referred cases — matters to be stated in Council’s recommendation, etc.
37IE Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.
37IF Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation
37IG Quorum and voting
37J Proceedings of Council
37K (Repealed)
37L Fees
37M Appointment of staff
Part VI The Legislature
38 Legislature of Singapore
39 Parliament
39A Group representation constituencies
40 Speaker
41 Remuneration of Speaker
42 Deputy Speaker
43 Performance of functions of Speaker
44 Qualifications for membership of Parliament
45 Disqualifications for membership of Parliament
46 Tenure of office of Members
47 Provision against double membership
48 Decision on questions as to disqualification
49 Filling of vacancies
50 Penalty for unqualified persons sitting or voting in Parliament
51 Staff of Parliament
52 Standing Orders
53 Use of languages in Parliament
54 Presiding in Parliament
55 Validity of proceedings of Parliament
56 Quorum
57 Voting
58 Exercise of legislative power
59 Introduction of Bills
60 Words of enactment of laws
61 Oath of Allegiance
62 Address by President
63 Privileges of Parliament
64 Sessions of Parliament
65 Prorogation and dissolution of Parliament
66 General elections
67 Remuneration of Members
Part VII The Presidential Council for Minority Rights
68 Interpretation of this Part
69 Establishment of Presidential Council for Minority Rights
70 Temporary appointment during incapacity of member
71 Qualifications of members
72 Disqualifications of members
73 Termination of membership
74 Determination of questions as to membership
75 Oaths of Allegiance and Secrecy
76 General function of Council
77 Functions of Council in respect of Bills and subsidiary legislation
78 Copies of Bills and amendments thereto to be sent to Council
79 Functions of Council in regard to Bills enacted on a certificate of urgency
80 Functions of Council in regard to subsidiary legislation
81 Functions of Council in regard to certain written law
82 Duties of Chairman
83 Quorum and voting
84 Proceedings of Council to be in private
85 Council’s report
86 Validity of proceedings notwithstanding vacancy in membership
87 Attendance of Minister, etc.
88 Power of Council to make rules regulating procedure
89 Annual report
90 Salaries and fees
91 Appointment of staff
92 Power to make rules generally
Part VIII The Judiciary
93 Judicial power of Singapore
93A Jurisdiction to determine questions as to validity of Presidential election
94 Constitution of Supreme Court
95 Appointment of Judges of Supreme Court, etc.
96 Qualifications of Judges of Supreme Court
97 Oath of Office of Judges of Supreme Court, etc.
98 Tenure of office and remuneration of Judges of Supreme Court, etc.
99 Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
100 Advisory opinion
101 Definition of office
Part IX The Public Service
102 Public services
103 Interpretation of this Part
104 Tenure of public office
105 Public Service Commission
106 Disqualification for appointment to Commission
107 Tenure of office
108 Terms of service of Chairman and members of Commission
109 Secretary to Commission
110 Appointment, etc., of public officers
110A (Repealed)
110B (Repealed)
110C (Repealed)
110D Personnel boards
111 Legal Service Commission
111AA Personnel boards of Singapore Legal Service
111A Promotion to significant grade
112 Protection of pension rights
113 Power of Public Service Commission and Legal Service Commission in relation to pensions, etc.
114 Pensions, etc., to be charged on Pension Fund or Consolidated Fund
115 Pension rights on transfer
116 Regulations regarding public service
117 (Repealed)
118 Performance by Public Service Commission of other functions
119 Reports of Commissions
Part X Citizenship
120 Status of citizen of Singapore
121 Citizenship by birth
122 Citizenship by descent
123 Citizenship by registration
124 Registration of minors
125 Effect of registration
126 General provisions as to registration
127 Citizenship by naturalisation
128 Renunciation of citizenship
129 Deprivation of citizenship
130 Deprivation of citizenship of child of person losing citizenship
131 General provisions as to loss of citizenship
132 Cancellation of enrolment as citizen
133 Procedure for deprivation
134 Deprivation of citizenship on acquisition of foreign citizenship
135 Deprivation of citizenship on exercise of rights of foreign nationals, etc.
136 Termination of citizenship of Malaysia
137 Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
138 Grant of certificate of citizenship in cases of doubt
139 Commonwealth citizenship
140 Application of Third Schedule
141 Repeal
Part XI Financial Provisions
142 Interpretation of this Part
143 No taxation unless authorised by law
144 Restriction on loans, guarantees, etc.
145 Consolidated Fund
146 Withdrawal from Consolidated Fund, etc.
147 Annual estimates and financial statements
148 Authorisation of expenditure from Consolidated Fund and Development Fund
148A Withholding of assent to Supply Bill, etc.
148B Power to authorise expenditure on account, etc., or for unspecified purposes
148C Contingencies Funds
148D (Repealed)
148E Debt charges and moneys required to satisfy judgments
148F Appointment of Auditor-General
148G Duty to inform President of certain transactions
148H Publication of President’s opinion regarding certain liabilities of the Government
148I Transfer of Government’s past reserves
Part XII Special Powers against Subversion and Emergency Powers
149 Legislation against subversion
150 Proclamation of Emergency
151 Restrictions on preventive detention
151A Defence and security measures
Part XIII General Provisions
152 Minorities and special position of Malays
153 Muslim religion
153A Official languages and national language
154 Impartial treatment of Government employees
154A Exemption
155 Authorised reprints of Constitution
156 (Repealed)
Part XIV Transitional Provisions
157 Existing Standing Orders
158 Public officers to continue in office
159 Terms of service of persons who continue in office
160 Succession to property
161 (Repealed)
162 Existing laws
163 Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
164 Transitional provisions for Article 19B
165 Transitional provisions for Council of Presidential Advisers
FIRST SCHEDULE Forms of Oaths
SECOND SCHEDULE Oath of Renunciation, Allegiance and Loyalty
THIRD SCHEDULE Citizenship
FOURTH SCHEDULE Appointment of Nominated Members of Parliament
FIFTH SCHEDULE Key Statutory Boards and Government Companies

Devider

(Original Enactment: S 1/63)
[9th August 1965]

PART I

PRELIMINARY
Citation

1. This Constitution may be cited as the Constitution of the Republic of Singapore.
Interpretation
2.—(1) In this Constitution, unless it is otherwise provided or the context otherwise requires —
“Cabinet” means the Cabinet constituted under this Constitution;
“Civil List” means the provision made under Article 22J for the maintenance of the President;
“citizen of Singapore” means any person who, under the provisions of this Constitution, has the status of a citizen of Singapore;
“commencement”, used with reference to this Constitution, means 9th August 1965;
“Consolidated Fund” means the Consolidated Fund established by this Constitution;
“Council of Presidential Advisers” means the Council of Presidential Advisers constituted under Part VA;
“existing law” means any law having effect as part of the law of Singapore immediately before the commencement of this Constitution;
“Government” means the Government of Singapore;
“Judge of the Supreme Court” means the Chief Justice, a Judge of Appeal or a Judge of the High Court;
[Act 39 of 2014 wef 01/01/2015]
“law” includes written law and any legislation of the United Kingdom or other enactment or instrument whatsoever which is in operation in Singapore and the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore;
“Legal Service Commission” means the Legal Service Commission constituted under this Constitution;
“Legislature” means the Legislature of Singapore;
“Minister” means a Minister appointed under this Constitution;
“office of profit” means, subject to clause (5), any whole time office in the public service;
“Parliament” means the Parliament of Singapore;
“President” means the President of Singapore elected under this Constitution and includes any person for the time being exercising the functions of the office of President;
“Presidential Elections Committee” means the Presidential Elections Committee constituted under Article 18;
“Prime Minister” means the Prime Minister of Singapore appointed under this Constitution;
“public office” means, subject to clause (5), an office of emolument in the public service;
“public officer” means the holder of any public office;
“public seal” means the public seal of Singapore;
“public service” means service under the Government;
“Public Service Commission” means the Public Service Commission constituted under this Constitution;
“register of electors” means any register of electors prepared under the provisions of any written law for the time being in force relating to Parliamentary elections;
“remuneration”, in respect of any public officer, means only the emoluments of that officer, the whole or any part of which count for pension or gratuity in accordance with the provisions of any law relating to the grant of pensions or gratuities in respect of the public service;
[Act 39 of 2014 wef 01/01/2015]
“reserves”, in relation to the Government, a statutory board or Government company, means the excess of assets over liabilities of the Government, statutory board or Government company, as the case may be;
“session” means the sittings of Parliament commencing when it first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;
“Singapore” means the Republic of Singapore;
“sitting” means a period during which Parliament is sitting continuously without adjournment, including any period during which Parliament is in committee;
“Speaker” and “Deputy Speaker” mean, respectively, the Speaker and a Deputy Speaker of Parliament;
“term of office”, in relation to the Government, means the period —
(a) commencing on the date the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after a general election; and
(b) ending after the next general election on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27;

“terms of service”, in respect of any officer, includes the remuneration to which that officer is entitled by virtue of his office, and any pension, gratuity or other like allowance payable to or in respect of that officer;
“written law” means this Constitution and all Acts and Ordinances and subsidiary legislation for the time being in force in Singapore.
(2) Except where this Constitution otherwise provides or where the context otherwise requires —
(a) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions;
(b) every appointment to perform the functions of an office made under paragraph (a) shall be made in the same manner as and subject to the same conditions as apply to a substantive appointment to that office;
(c) any reference in this Constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office; and
(d) any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office.

(3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.
(4) For the purposes of this Constitution, the resignation of a member of any body or the holder of any office constituted by this Constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person:
Provided that, in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from Singapore, be deemed to have effect from the time that it is received by a Deputy Speaker on behalf of the Speaker.

(5) For the purposes of this Constitution, a person shall not be considered as holding a public office or an office of profit by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of President, Prime Minister, Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Political Secretary, Member of Parliament, Ambassador, High Commissioner or such other office as the President may, from time to time, by order, prescribe*.
* Offices of Consul-General and Consul have been prescribed by the President — See G.N. No. S 212/72

(6) (a) Without prejudice to clause (2) when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto.
(b) Where 2 or more persons are holding the same office by reason of an appointment made pursuant to paragraph (a), the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office.
(7) Where a person is required by this Constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.
(8) References in this Constitution to any period shall, so far as the context admits, be construed as including references to a period beginning before the commencement of this Constitution.
(9) Subject to this Article, the Interpretation Act (Cap. 1) shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that Act.
(10) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution; any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.

PART II
THE REPUBLIC AND THE CONSTITUTION

Republic of Singapore
*3. Singapore shall be a sovereign republic to be known as the Republic of Singapore.
* Section 2(1)(d), Constitution (Amendment) Act 1965 (No. 8 of 1965) and the Republic of Singapore Independence Act 1965 (No. 9 of 1965).
Supremacy of Constitution
4. This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Amendment of Constitution
5.—(1) Subject to this Article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature.
(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
[Act 28 of 2016 wef 01/04/2017]
(2A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) In this Article, “amendment” includes addition and repeal.

5A. [Repealed by Act 28 of 2016 wef 01/04/2017]

PART III
PROTECTION OF THE SOVEREIGNTY OF THE REPUBLIC OF SINGAPORE

No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum
6.—(1) There shall be —
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Singapore Police Force or the Singapore Armed Forces,
unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).
(2) For the purposes of this Article —
“Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act (Cap. 295), and includes any civil defence force formed under the Civil Defence Act (Cap. 42) and such other force as the President may, by notification in the Gazette, declare to be an armed force for the purposes of this Article;
“Singapore Police Force” means the Singapore Police Force and the Special Constabulary established under the Police Force Act (Cap. 235) and any Auxiliary Police Force created in accordance with Part IX of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act (Cap. 343) and such other force as the President may, by notification in the Gazette, declare to be a police force for the purposes of this Article.

Participation in co-operative international schemes which are beneficial to Singapore
7. Without in any way derogating from the force and effect of Article 6, nothing in that Article shall be construed as precluding Singapore or any association, body or organisation therein from —
(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Singapore or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Singapore or any association, body or organisation therein; or
(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Singapore in any way.

No amendment to this Part except by referendum
8.—(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).
(2) In this Article, “amendment” includes addition and repeal.

PART IV
FUNDAMENTAL LIBERTIES

Liberty of the person
9.—(1) No person shall be deprived of his life or personal liberty save in accordance with law.
(2) Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.
(3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.
[9/2010 wef 01/07/2010]
(5) Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.
(6) Nothing in this Article shall invalidate any law —
(a) in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or
(b) relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation,
by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 10th March 1978.

Slavery and forced labour prohibited
10.—(1) No person shall be held in slavery.
(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.

Protection against retrospective criminal laws and repeated trials
11.—(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.

Equal protection
12.—(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) This Article does not invalidate or prohibit —
(a) any provision regulating personal law; or
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.

Prohibition of banishment and freedom of movement
13.—(1) No citizen of Singapore shall be banished or excluded from Singapore.
(2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof.

Freedom of speech, assembly and association
14.—(1) Subject to clauses (2) and (3) —
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose —
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by clause (1) (c) may also be imposed by any law relating to labour or education.

Freedom of religion
15.—(1) Every person has the right to profess and practise his religion and to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3) Every religious group has the right —
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.

(4) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education
16.—(1) Without prejudice to the generality of Article 12, there shall be no discrimination against any citizen of Singapore on the grounds only of religion, race, descent or place of birth —
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Singapore).
(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law.
(3) No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of clause (3), the religion of a person under the age of 18 years shall be decided by his parent or guardian.

PART V
THE GOVERNMENT

Chapter 1 — The President
The President
17.—(1) There shall be a President of Singapore who shall be the Head of State.
[Act 28 of 2016 wef 01/04/2017]
(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).
[Act 28 of 2016 wef 01/04/2017]
(3) The provisions mentioned by clause (2) are the provisions in Articles 22, 22A, 22B, 22C, 22D, 22E, 37B, 37C and 154A and Part XI that authorise the President to act in his discretion.
[Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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 (Cap. 2A);
(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 Judge of the Supreme Court, 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.

(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.
(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).

(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.
(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.
(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.

(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.
(9) The Committee may act despite any vacancy in its membership.
(10) Subject to this Constitution, the Committee may regulate its procedure and fix the quorum for its meetings.
(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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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.
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(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).
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(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).
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]
[Act 28 of 2016 wef 01/04/2017]

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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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.

(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.
(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.

(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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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 Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.

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.
[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) 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.
(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;
* Articles 5A and 5B are not in operation.

(ii) whether to assent to a Supply Bill, Supplementary Supply Bill, Final Supply Bill or a Bill to which Article 5C* or 22H applies;
* Article 5C is not in operation.

(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 (Cap. 167A);
(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.

(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.

(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.
* Article 5C is not in operation.

(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.

(6) This Article does not apply to the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament.
[Act 28 of 2016 wef 01/04/2017]

Appointment of public officers, etc.
22.—(1) 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, Judges of the Supreme Court, and the Judicial Commissioners, Senior Judges and International Judges of the Supreme Court;
[Act 39 of 2014 wef 01/01/2015]
(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 (Cap. 167A);
(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;
[Act 28 of 2016 wef 01/04/2017]
(fa) a member of the Legal Service Commission, other than an ex-officio member referred to in Article 111(2)(a), (b) or (c), and the members of a personnel board established under Article 111AA;
[Act 28 of 2016 wef 01/04/2017]
(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 and Navy;
(l) a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act (Cap. 295);
(m) the Commissioner of Police; and
(n) the Director of the Corrupt Practices Investigation Bureau.
(2) [Deleted by Act 28 of 2016 wef 01/04/2017]
(3) [Deleted by Act 28 of 2016 wef 01/04/2017]

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.
(1A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(1B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(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 I 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 I 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 I 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.
[Act 28 of 2016 wef 01/04/2017]

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 30th November 1991 a statutory board is specified in Part I 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 II 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.

(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.

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.
(1A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(1B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(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 II 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 II 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 II 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
[Act 28 of 2016 wef 01/04/2017]
(b) it is not a subsidiary of any of the Government companies specified in Part II of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act (Cap. 50).

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 30th November 1991 a Government company is specified in Part II 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 I 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.

(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.

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.
(4) [Deleted by Act 28 of 2016 wef 01/04/2017]

Restraining order under Maintenance of Religious Harmony Act
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 (Cap. 167A) 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;
[Act 28 of 2016 wef 01/04/2017]
(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.
(2) [Deleted by Act 17/94]
(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;
[Act 28 of 2016 wef 01/04/2017]
(d) any offence involving fraud, dishonesty or moral turpitude; or
[Act 28 of 2016 wef 01/04/2017]
(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,
[Act 28 of 2016 wef 01/04/2017]
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
[Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]
(5) A tribunal appointed by the Chief Justice shall consist of not less than 5 Judges of the Supreme Court 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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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 Judge of the Supreme Court 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.

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 wef 15/05/2004]

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.
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 Judge of the Supreme Court.
(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 Judges of the Supreme Court 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.
(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
[Act 39 of 2014 wef 01/01/2015]
(b) (in so far as they are not determined by or under any such law) be determined by the President.

(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.
[Act 39 of 2014 wef 01/01/2015]
(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.
(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.
(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.
(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.
(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.
(6) A Deputy Attorney-General holds office —
(a) until the end of the specific period he is appointed for (without prejudice to re-appointment); or
(b) if no period is so specified, until he attains 60 years of age.

(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.
(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).
(9) A Deputy Attorney-General may be removed from office by the President on the advice of the Prime Minister.
(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 Judges of the Supreme Court 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.

(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.

(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.
(13) The tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose.
(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.
[Act 39 of 2014 wef 01/01/2015]

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 VA
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.

Council of Presidential Advisers
37B.—(1) The Council of Presidential Advisers is established and consists of 8 members.
[Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]

(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.
[Act 28 of 2016 wef 01/04/2017]

(3A) The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council.
[Act 28 of 2016 wef 01/04/2017]
(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.

(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.

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.
[Act 28 of 2016 wef 01/04/2017]
(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.

(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);
[Act 28 of 2016 wef 01/04/2017]
(ii) by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or
[Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]
[Act 28 of 2016 wef 01/04/2017]

(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 —
(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.

(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.

(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.

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.
[Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]
[Act 28 of 2016 wef 01/04/2017]

Disqualifications of members
37E. A person shall be disqualified for appointment as a member if he —
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt; or
(c) has been convicted of an offence by a court of law in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore.

Termination of membership
37F.—(1) The Chairman shall vacate the office of Chairman of the Council when a newly elected President assumes office during the term of appointment of the Chairman.
(2) A member shall vacate his seat in the Council —
(a) if he ceases to be a citizen of Singapore;
(b) if, by writing under his hand addressed to the Chairman, he resigns his seat; or
(c) if he becomes subject to any of the disqualifications referred to in Article 37E.

Determination of questions as to membership
37G.—(1) Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 other persons appointed by the Council.
(2) Any tribunal constituted under clause (1) shall —
(a) sit in private;
(b) afford the person concerned adequate opportunity to call witnesses and be heard; and
(c) report its decision to the Chairman.

(3) The decision of the tribunal shall be final and shall not be questioned in any court.

Oaths of Allegiance and Secrecy
37H.—(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.
[Act 28 of 2016 wef 01/04/2017]

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.
[Act 28 of 2016 wef 01/04/2017]
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).
(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;
(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).
[Act 28 of 2016 wef 01/04/2017]

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).
[Act 28 of 2016 wef 01/04/2017]

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.
(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.

(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 —
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
[Act 28 of 2016 wef 01/04/2017]

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).
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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).

(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.

(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.

(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.
[Act 28 of 2016 wef 01/04/2017]

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.
(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.
[Act 28 of 2016 wef 01/04/2017]

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.
[Act 28 of 2016 wef 01/04/2017]
(2) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2A) [Deleted by Act 28 of 2016 wef 01/04/2017]
(2B) [Deleted by Act 28 of 2016 wef 01/04/2017]
(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.
[Act 28 of 2016 wef 01/04/2017]

37K. [Repealed by Act 28 of 2016 wef 01/04/2017]
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.

PART VI
THE LEGISLATURE
Legislature of Singapore
38. The legislative power of Singapore shall be vested in the Legislature which shall consist of the President and Parliament.
Parliament
39.—(1) Parliament shall consist of —
(a) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;
(b) such other Members, not exceeding 12 in number, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government; and
[9/2010 wef 01/07/2010]
[Act 28 of 2016 wef 01/04/2017]
(c) such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the President in accordance with the provisions of the Fourth Schedule.
(2) A nominated Member shall not vote in Parliament on any motion pertaining to —
(a) a Bill to amend the Constitution;
(b) a Supply Bill, Supplementary Supply Bill or Final Supply Bill;
(c) a Money Bill as defined in Article 68;
(d) a vote of no confidence in the Government;
[Act 28 of 2016 wef 01/04/2017]
(e) removing the President from office under Article 22L; and
[Act 28 of 2016 wef 01/04/2017]
(f) any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.
[Act 28 of 2016 wef 01/04/2017]
[Act 28 of 2016 wef 01/04/2017]

(3) In this Article and in Articles 39A and 47, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.
(4) If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Chapter 2 of Part V and of Article 46.

Group representation constituencies
39A.—(1) The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for —
(a) any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and
(b) the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause (2).
(2) Any law made under clause (1) shall provide for —
(a) the President to designate every group representation constituency —
(i) as a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or
(ii) as a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities;

(b) the establishment of —
(i) a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and
(ii) a committee to determine whether a person desiring to be a candidate belongs to the Indian or other minority communities,
for the purpose of any election in group representation constituencies;

(c) all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group;
(d) the minimum and maximum number of Members to be returned by all group representation constituencies at a general election; and
(e) the number of group representation constituencies to be designated under paragraph (a)(i).

(3) No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article 12 or be considered to be a differentiating measure under Article 78.
(4) In this Article —
“election” means an election for the purpose of electing a Member of Parliament;
“group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency;
“person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;
“person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community.

Speaker
40.—(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office.
(2) The Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a Member of Parliament shall not be elected as Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

(3) Upon the Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(4) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —
(a) when Parliament first meets after a general election;
(b) in the case of a Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or
(c) in the case of a Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).

Remuneration of Speaker
41. The Speaker shall be paid such salary as Parliament may from time to time determine, and that salary, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.
Deputy Speaker
42.—(1) Parliament shall from time to time elect 2 Deputy Speakers; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office.
(2) (a) A Deputy Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament:
Provided that a person who is not a Member of Parliament shall not be elected as Deputy Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament.

(b) Upon a Deputy Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule.
(c) A Deputy Speaker may at any time resign his office, by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office —
(i) when Parliament first meets after a general election;
(ii) in the case of a Deputy Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or
(iii) in the case of a Deputy Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e).

(3) A Deputy Speaker shall be paid such salary or allowance as Parliament may from time to time determine, and that salary or allowance, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.

Performance of functions of Speaker
43. The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.
Qualifications for membership of Parliament
44.—(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Singapore or appointed in accordance with the provisions of the Fourth Schedule.
(2) A person shall be qualified to be elected or appointed as a Member of Parliament if —
(a) he is a citizen of Singapore;
(b) he is of the age of 21 years or above on the day of nomination;
(c) his name appears in a current register of electors;
(d) he is resident in Singapore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date;
(e) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and
(f) he is not disqualified from being a Member of Parliament under Article 45.

(3) Any question whether any person possesses the qualifications mentioned in clause (2)(e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Singapore or, in so far as not so prescribed, as may be provided by order made by the President and published in the Gazette.

Disqualifications for membership of Parliament
45.—(1) Subject to this Article, a person shall not be qualified to be a Member of Parliament who —
(a) is and has been found or declared to be of unsound mind;
(b) is an undischarged bankrupt;
(c) holds an office of profit;
(d) having been nominated for election to Parliament or the office of President or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required;
(e) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore;

(f) has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or
(g) is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.
(2) The disqualification of a person under clause (1)(d) or (e) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (1)(d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (1)(e) was released from custody or the date on which the fine mentioned in clause (1)(e) was imposed on such person; and a person shall not be disqualified under clause (1)(f) by reason only of anything done by him before he became a citizen of Singapore.
(3) In clause (1)(f), “foreign country” does not include any part of the Commonwealth or the Republic of Ireland.

Tenure of office of Members
46.—(1) Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.
(2) The seat of a Member of Parliament shall become vacant —
(a) if he ceases to be a citizen of Singapore;
(b) if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;
(c) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
(d) if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
(e) if he becomes subject to any of the disqualifications specified in Article 45;
(f) if he is expelled from Parliament in the exercise of its power of expulsion; or
(g) if being a nominated Member, his term of service as such a Member expires.

(2A) A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.
(2B) A nominated Member of Parliament shall vacate his seat as such a Member —
(a) if he stands as a candidate for any political party in an election; or
(b) if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.

(3) Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time.
(4) If any Member of Parliament becomes subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) because he is —
(a) adjudged or otherwise declared a bankrupt;
(b) adjudged or otherwise declared to be of unsound mind;
(c) convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000; or
(d) convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament,
and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

(5) A Member of Parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g).
(6) Notwithstanding clause (5), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article 45(1)(a) or (b) and —
(a) no further appeal is open to him; or
(b) by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open for the Member to appeal,
the Member shall then immediately vacate his seat even if the period of 180 days has not lapsed.

(7) Where, at any time before the end of the period of 180 days referred to in clause (4), the Member of Parliament ceases to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified.
(8) For the avoidance of doubt, clauses (4) to (7) —
(a) shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and
(b) shall not operate to extend the term of service of a nominated Member beyond the period prescribed in the Fourth Schedule.

Provision against double membership
47. A person shall not be at the same time a Member of Parliament for more than one constituency.
Decision on questions as to disqualification
48. Any question whether —
(a) any Member of Parliament has vacated his seat therein; or
(b) in the case of any person who has been elected as Speaker or Deputy Speaker from among persons who are not Members of Parliament, any circumstance has arisen that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)(a) or (e),
shall be determined by Parliament whose decision shall be final:
Provided that this Article shall not be taken to prevent the practice of Parliament postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Filling of vacancies
49.—(1) Whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force.
(2) The Legislature may by law provide for —
(a) the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article 46;
(b) the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.

Penalty for unqualified persons sitting or voting in Parliament
50.—(1) Any person who sits or votes in Parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes.
(2) The said penalty shall be recoverable by action in the High Court at the suit of the Attorney-General.

Staff of Parliament
51.—(1) The staff of Parliament shall consist of a Clerk of Parliament and such other officers as may from time to time be appointed under Part IX to assist him.
(2) The Clerk of Parliament shall be appointed by the President after consultation with the Speaker and the Public Service Commission.
(3) The Clerk of Parliament may at any time resign his office by writing under his hand addressed to the Speaker and, subject to clause (4), may be removed from office by the President after consultation with the Speaker.
(4) The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two-thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
(5) The staff of Parliament shall not be eligible for promotion or transfer to any other office in the public service without the consent of the Speaker.
(6) Subject to Article 159, the terms of service of the staff of Parliament may be determined by Parliament after receiving the advice of a Commission consisting of the following persons, that is to say:
(a) the Speaker, as Chairman;
(b) not more than 3 Ministers nominated by the Prime Minister, of whom one shall be the Minister responsible for finance; and
(c) a member of the Public Service Commission.

Standing Orders
52. Subject to the provisions of this Constitution, Parliament may, from time to time, make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business.
Use of languages in Parliament
53. Until the Legislature otherwise provides, all debates and discussions in Parliament shall be conducted in Malay, English, Mandarin or Tamil.
Presiding in Parliament
54. The Speaker shall preside at each sitting of Parliament.
Validity of proceedings of Parliament
55. Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the Members thereof, including any vacancy not filled when Parliament is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Parliament or otherwise took part in the proceedings.
Quorum
56. If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.
Voting
57.—(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost.
(2) If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.

Exercise of legislative power
58.—(1) Subject to the provisions of Part VII, the power of the Legislature to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
(2) A Bill shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Gazette or, if it is enacted either in such law or in any other law for the time being in force in Singapore that it shall come into operation on some other date, on that date.

Introduction of Bills
59.—(1) Subject to the provisions of this Constitution and of Standing Orders of Parliament, any Member may introduce any Bill or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament.
(2) A Bill or an amendment making provision (directly or indirectly) for —
(a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
(b) the borrowing of money, or the giving of any guarantee, by the Government, or the amendment of the law relating to the financial obligations of the Government;
(c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;
(d) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or
(e) the receipt of any moneys on account of the Consolidated Fund or the custody or issue of such moneys,
being provision as respects which the Minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment, shall not be introduced or moved except on the recommendation of the President signified by a Minister.

(3) A Bill or an amendment shall not be deemed to make provision for any of the said matters by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered.

Words of enactment of laws
60. In every Bill presented for assent, the words of enactment shall be as follows:
“Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:”.

Oath of Allegiance
61. No Member of Parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this Article) until he has taken and subscribed before Parliament the Oath of Allegiance in the form set out in the First Schedule:
Provided that the election of a Speaker may take place before the Members of Parliament have taken and subscribed such Oath.

Address by President
62. The President may address Parliament and may send messages thereto.
Privileges of Parliament
63. It shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of Parliament.
Sessions of Parliament
64.—(1) There shall be a session of Parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of Parliament in any one session and the first sitting thereof in the next session.
(2) The sessions of Parliament shall be held in such places and shall commence at such times as the President may, from time to time, by Proclamation in the Gazette, appoint.

Prorogation and dissolution of Parliament
65.—(1) The President may, at any time, by Proclamation in the Gazette, prorogue Parliament.
(2) If, at any time, the office of Prime Minister is vacant, the President shall, by Proclamation in the Gazette, dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members thereof.
(3) The President may, at any time, by Proclamation in the Gazette, dissolve Parliament if he is advised by the Prime Minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament.
(3A) The President shall not dissolve Parliament after a notice of motion proposing an inquiry into the conduct of the President has been given under Article 22L(3) unless —
(a) a resolution is not passed pursuant to the notice of such motion under Article 22L(4);
(b) where a resolution has been passed pursuant to the notice of such motion under Article 22L(4), the tribunal appointed under Article 22L(5) determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such motion;
(c) the consequent resolution for the removal of the President is not passed under Article 22L(7); or
(d) Parliament by resolution requests the President to dissolve Parliament.

(4) Parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved.

General elections
66. There shall be a general election at such time, within 3 months after every dissolution of Parliament, as the President shall, by Proclamation in the Gazette, appoint.
Remuneration of Members
67. The Legislature may by law make provision for the remuneration of Members of Parliament.

PART VII
THE PRESIDENTIAL COUNCIL FOR MINORITY RIGHTS
Interpretation of this Part
68. In this Part, unless the context otherwise requires —
“adverse report” means a report of the Council stating that, in the opinion of the Council, some specified provision of a Bill or of a subsidiary legislation would be a differentiating measure;
“Chairman” means the Chairman of the Council;
“Council” means the Presidential Council for Minority Rights established under Article 69;
“differentiating measure” means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community;
“member” means a member of the Council and includes the Chairman;
“Money Bill” means a Bill which contains only provisions dealing with all or any of the following matters:
(a) the imposition, repeal, remission, alteration or regulation of taxation;
(b) the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds, or the variation or repeal of any such charges;
(c) the grant of money to the Government or to any authority or person, or the variation or revocation of any such grant;
(d) the appropriation, receipt, custody, investment, issue or audit of accounts of public money;
(e) the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan;
(f) subordinate matters which are ancillary or incidental to any of the foregoing matters;

“sitting day” means any date on which Parliament meets.

Establishment of Presidential Council for Minority Rights
69.—(1) There shall be a Presidential Council for Minority Rights which shall consist of —
(a) a Chairman appointed for a period of 3 years; and
[Act 39 of 2014 wef 01/01/2015]
(b) not more than 20 members.
[Act 39 of 2014 wef 01/01/2015]
(c) [Deleted by Act 39 of 2014 wef 01/01/2015]
(1A) Up to 10 members may be permanent members appointed for life.
[Act 39 of 2014 wef 01/01/2015]
(1B) Unless appointed for life, a member shall be appointed for a period of 3 years.
[Act 39 of 2014 wef 01/01/2015]
(2) The Chairman and the members shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Cabinet.
(3) The Chairman and the members appointed under clause (1B) shall be eligible for reappointment.
[Act 39 of 2014 wef 01/01/2015]

Temporary appointment during incapacity of member
70. Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.
Qualifications of members
71. 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 resident in Singapore; and
(d) is not liable to any of the disqualifications provided in Article 72.

Disqualifications of members
72. A person shall be disqualified for appointment as a member who —
(a) is or has been found or declared to be of unsound mind;
(b) is insolvent or an undischarged bankrupt;
(c) has been convicted of an offence by a court of law in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in Malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore; or

(d) has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.

Termination of membership
73. 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 provided in Article 72.

Determination of questions as to membership
74.—(1) Any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 members appointed by the Council.
(2) Any tribunal constituted under clause (1) shall —
(a) sit in private;
(b) afford the person concerned adequate opportunity to call witnesses and be heard; and
(c) report its decision to the Chairman.

(3) The decision of the tribunal shall be final and shall not be open to question in any court.

Oaths of Allegiance and Secrecy
75. 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 7 in the First Schedule.
General function of Council
76.—(1) It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government.
(2) A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister.

Functions of Council in respect of Bills and subsidiary legislation
77. It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is, in the opinion of the Council, a differentiating measure.
Copies of Bills and amendments thereto to be sent to Council
78.—(1) Immediately after any Bill to which this Article applies has been given a final reading and passed by Parliament and before it is presented to the President for assent, the Speaker shall cause an authenticated copy of the Bill to be sent to the Council.
(2) The Council shall consider the Bill and shall, within 30 days of the date on which the Bill was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Bill would, if enacted, be a differentiating measure.
(3) Whenever after the receipt of an adverse report from the Council, the Bill to which it relates is amended by Parliament, the Speaker shall cause the Bill in its amended form to be sent again to the Council.
(4) On the application of the Chairman, the Speaker may extend, as he thinks fit, the period of 30 days prescribed by clause (2), where he considers it proper to do so on account of the length or complexity of any Bill or the number of matters for the time being under consideration by the Council or for any sufficient reason.
(5) The Speaker shall cause every report received by him from the Council in pursuance of clause (2) to be presented to Parliament without undue delay. Where the Speaker receives no such report on the Bill within the time provided in clause (2), or any extension thereof granted under clause (4), it shall be conclusively presumed that the Council is of the opinion that no provision of the Bill would, if enacted, be a differentiating measure.
(6) No Bill to which this Article applies shall be presented to the President for assent unless it is accompanied by a certificate under the hand of the Speaker stating that —
(a) in the opinion of the Council no provision of the Bill would, if enacted, be a differentiating measure;
(b) no report having been received from the Council within the time prescribed or any extension thereof, the Council is presumed to be of the opinion that no provision of the Bill would, if enacted, be a differentiating measure; or
(c) notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure, a motion for the presentation of the Bill to the President for assent has been passed by not less than two-thirds of the total number of Members of Parliament (excluding nominated Members).
[Act 28 of 2016 wef 01/04/2017]

(7) This Article shall not apply to —
(a) a Money Bill;
(b) a Bill certified by the Prime Minister as being one which affects the defence or the security of Singapore or which relates to public safety, peace or good order in Singapore; or
(c) a Bill certified by the Prime Minister to be so urgent that it is not in the public interest to delay its enactment.

(8) A Bill shall be deemed to be a Money Bill if the Speaker certifies in writing that, in his opinion, it is a Bill to which the definition of “Money Bill” contained in Article 68 applies. No Money Bill shall be presented to the President for assent, unless it is accompanied by the Speaker’s certificate which shall be conclusive for all purposes and shall not be open to question in any court.

Functions of Council in regard to Bills enacted on a certificate of urgency
79.—(1) Where the President assents to a Bill which has been certified as urgent by the Prime Minister under Article 78(7), it shall nevertheless be the duty of the Speaker to cause an authenticated copy of the Act to be sent as soon as may be to the Council.
(2) The Council shall thereupon consider the Act and shall, within 30 days of the date on which the Act was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Act is a differentiating measure.
(3) The Speaker shall cause any such report to be presented to Parliament as soon as possible.

Functions of Council in regard to subsidiary legislation
80.—(1) An authenticated copy of every piece of subsidiary legislation shall be sent to the Council by the appropriate Minister within 14 days of the publication of such subsidiary legislation.
(2) The Council shall thereupon consider such subsidiary legislation and shall, within 30 days of the date on which the subsidiary legislation was sent to the Council, make a report to the Speaker and to the appropriate Minister, stating whether or not in the opinion of the Council any and, if so, which provision of the subsidiary legislation is a differentiating measure.
(3) The Speaker shall cause every report of the Council on every piece of subsidiary legislation to be presented to Parliament on the next sitting day after receiving the Council’s report.
(4) Where an adverse report in respect of any provision of any subsidiary legislation is presented to Parliament in pursuance of clause (3), then, within 6 months after the presentation of that report, unless either —
(a) the provision has been revoked or amended by the appropriate Minister; or
(b) Parliament has passed a resolution confirming that provision,
the appropriate Minister shall revoke such provision and cause a notice of revocation to be published in the Gazette.

(5) If no report on any subsidiary legislation is received from the Council within the time provided in clause (2), it shall be conclusively presumed that the Council is of the opinion that no provision in such subsidiary legislation is a differentiating measure.

Functions of Council in regard to certain written law
81.—(1) The Council may examine any written law in force on 9th January 1970 and may make a report in regard to any provision in such written law which, in the opinion of the Council, is a differentiating measure.
(2) The Council shall send such report to the Speaker and the Speaker shall cause such report to be presented to Parliament as soon as possible.
(3) In the case of a report on any subsidiary legislation, the Council shall also cause a copy of the report to be sent to the appropriate Minister.

Duties of Chairman
82.—(1) The Council shall meet on the summons of the Chairman.
(2) The Chairman, if present, shall preside at all meetings of the Council.
(3) Whenever the office of Chairman is vacant or the Chairman for any reason is unable to attend, some other member shall be elected by the Council to act as Chairman.

Quorum and voting
83.—(1) The Council shall not transact any business unless a quorum of 8 members, including the Chairman or member presiding, is present.
(2) Any decision of the Council shall be made by a majority of the votes of the members present and voting.
(3) The Chairman or member presiding shall have an original vote but not a casting vote.
(4) If upon any question before the Council the votes of the members are equally divided, the motion shall be deemed to be lost.

Proceedings of Council to be in private
84. The proceedings of the Council shall be conducted in private and the Council shall not be entitled to hear objectors or examine witnesses in regard to any Bill or law which is being considered by the Council in pursuance of the provisions of this Part.
Council’s report
85. In reporting the opinion of the Council under the provisions of this Part, the Council shall state —
(a) either that the report is unanimous or the number of votes for and against it; and
(b) in the case of an adverse report, the grounds on which the Council has reached its conclusion.

Validity of proceedings notwithstanding vacancy in membership
86. Subject to Article 83(1), the Council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.
Attendance of Minister, etc.
87. Any Minister, Minister of State or Parliamentary Secretary specially authorised by the Prime Minister for this purpose shall be entitled to attend and take part in the proceedings of the Council as if he were a member but shall not have the right to vote in the Council.
Power of Council to make rules regulating procedure
88. 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 but no such rules shall have effect until they have been approved by the President.
Annual report
89.—(1) Once in every year it shall be the duty of the Council to compile and present to the President a report on the work of the Council during the preceding 12 months.
(2) The President shall cause such report to be presented to Parliament as soon as possible.

Salaries and fees
90.—(1) There shall be paid to the Chairman and the other members such salaries and fees as may be determined by the President.
(2) The salaries and fees payable under clause (1) shall be defrayed out of moneys provided by Parliament.

Appointment of staff
91. 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 under this Part.
Power to make rules generally
92. The President may make rules for the conduct of business between the Council and Parliament and between the Council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this Part.

PART VIII
THE JUDICIARY
Judicial power of Singapore
93. 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.
Jurisdiction to determine questions as to validity of Presidential election
93A.—(1) 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).
(2) 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.
(3) 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).

Constitution of Supreme Court
94.—(1) 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.
(2) The Court of Appeal shall consist of the Chief Justice and the Judges of Appeal.
[Act 39 of 2014 wef 01/01/2015]
(3) The High Court shall consist of the Chief Justice and the Judges of the High Court.
[Act 39 of 2014 wef 01/01/2015]
(4) A Judge of Appeal may sit in the High Court on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]
(5) A Judge of the High Court may sit in the Court of Appeal on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]
(6) 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 —
(a) sit in the High Court; and
(b) sit in the Court of Appeal on such occasion as the Chief Justice requires.
[Act 39 of 2014 wef 01/01/2015]

Appointment of Judges of Supreme Court, etc.
95.—(1) 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.
(2) 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.
[Act 39 of 2014 wef 01/01/2015]
(3) The office of a Judge of the Supreme Court shall not be abolished during his continuance in office.
[Act 39 of 2014 wef 01/01/2015]
(4) 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 —
(a) appoint a person who is qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court;
(b) appoint a person who has ceased to be a Judge of the Supreme Court to be a Senior Judge of the Supreme Court; or
(c) 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.
[Act 39 of 2014 wef 01/01/2015]

(5) For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may —
(a) be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or
(b) be appointed for a specified period.
[Act 39 of 2014 wef 01/01/2015]

(6) 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.
[Act 39 of 2014 wef 01/01/2015]
(7) 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.
[Act 39 of 2014 wef 01/01/2015]
(8) 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).
[Act 39 of 2014 wef 01/01/2015]
(9) The Chief Justice may —
(a) 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
(b) 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.
[Act 39 of 2014 wef 01/01/2015]

(10) Parliament may by law limit the classes of cases that may be heard and determined by an International Judge of the Supreme Court.
[Act 39 of 2014 wef 01/01/2015]
(11) 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.
[Act 39 of 2014 wef 01/01/2015]

Qualifications of Judges of Supreme Court
96. 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.
Oath of Office of Judges of Supreme Court, etc.
97.—(1) 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.
[Act 39 of 2014 wef 01/01/2015]
(1A) 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.
[Act 39 of 2014 wef 01/01/2015]
(2) 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.
[Act 39 of 2014 wef 01/01/2015]

Tenure of office and remuneration of Judges of Supreme Court, etc.
98.—(1) 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.
[Act 39 of 2014 wef 01/01/2015]
(2) 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).
[Act 39 of 2014 wef 01/01/2015]
(3) 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.
[Act 39 of 2014 wef 01/01/2015]
(4) 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).
(5) 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.
[Act 39 of 2014 wef 01/01/2015]
(6) 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.
(7) 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.
[Act 39 of 2014 wef 01/01/2015]
(8) 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.
[Act 39 of 2014 wef 01/01/2015]
(9) 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.
(10) 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.

Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court
99. 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.
[Act 39 of 2014 wef 01/01/2015]
Advisory opinion
100.—(1) 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.
(2) 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.
(3) 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.
(4) 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.

Definition of “office”
101. 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.

PART IX
THE PUBLIC SERVICE
Public services
102.—(1) For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be —
(a) the Singapore Armed Forces;
(b) the Singapore Civil Service;
(c) the Singapore Legal Service; and
(d) the Singapore Police Force.
(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President.

Interpretation of this Part
103. Except for the purposes of Articles 112, 114 and 115, and except where the context otherwise requires, in the interpretation of this Part —
(a) “public service” does not include service otherwise than in a civil capacity;
(b) “public office” does not include the following offices:
(i) the office of the Chief Justice;
(ii) the office of the Attorney-General;
(iii) the office of Judge of the Supreme Court;
(iv) the office of member of the Public Service Commission or the Legal Service Commission;
(v) the office of any police officer below the rank of Inspector; or
(vi) any office the remuneration of the holder of which is calculated on a daily rate,
and “public officer” shall be construed accordingly.

Tenure of public office
104. Except as expressly provided by this Constitution, every person who is a member of the public service shall hold office during the pleasure of the President.
Public Service Commission
105.—(1) There shall be a Public Service Commission which shall consist of a Chairman and not less than 5 and not more than 14 other members, each of whom shall be appointed in writing under the hand of the President, if the President, acting in his discretion, concurs with the advice of the Prime Minister.
(2) The Chairman shall be a citizen of Singapore.
(3) The President may, from time to time, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint one or more Deputy Chairmen from among the members of the Public Service Commission.
(4) Before tendering his advice as to the appointment under clause (3) of a Deputy Chairman, the Prime Minister shall consult the Chairman of the Public Service Commission.
(5) Every Deputy Chairman appointed under clause (3) shall hold office for such period as may be specified in the terms of his appointment and shall cease to be Deputy Chairman if he ceases to be a member of the Public Service Commission.
(6) A person appointed to be a member of the Public Service Commission shall thereafter be ineligible for appointment to any public office.
(7) At any meeting of the Public Service Commission, 3 members who shall include either the Chairman or one of the Deputy Chairmen, and may include both of them, shall form a quorum. If the quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(8) Before assuming the duties of his office, the Chairman and every other member of the Public Service Commission shall take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of his office in the form set out in the First Schedule.

Disqualification for appointment to Commission
106.—(1) A person shall not be appointed to be a member of the Public Service Commission if he is, and shall cease to be a member if he becomes —
(a) a public officer;
(b) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act (Cap. 50) or any corresponding previous written law;
(c) a Member of Parliament or a duly nominated candidate for election as such Member;
(d) a member of any trade union or of any body or association affiliated to a trade union; or
(e) the holder of any office in any political association.
(2) Clause (1)(b) shall not apply to any person who is a member of the teaching staff of any university established by or under any written law.

Tenure of office
107.—(1) Subject to Article 106, every member of the Public Service Commission shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under this Article, hold office for a period of 5 years from the date of his appointment, but shall be eligible for reappointment:
Provided that a member, other than the Chairman, may be appointed to hold office for any shorter period of not less than 3 years.

(2) If the Prime Minister, or the Chairman of the Public Service Commission after consulting with the Prime Minister, represents to the President that a member of the Public Service Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand.
(3) The tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose.

Terms of service of Chairman and members of Commission
108.—(1) The Chairman and other members of the Public Service Commission shall be paid such salary and allowances as may, from time to time, be determined, and such salary and allowances shall be charged on and paid out of the Consolidated Fund.
(2) Subject to the provisions of this Constitution, the terms of service of the members of the Public Service Commission may either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
[Act 39 of 2014 wef 01/01/2015]
(b) (in so far as they are not prescribed by or under any such law) be prescribed by the President.

(2A) Regulations made under clause (2)(a) may provide that any gratuity payable in respect of service as a member of the Public Service Commission shall be charged on and paid out of the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(3) The terms of service of any member of the Public Service Commission shall not be altered to his disadvantage during his continuance in office.
(4) For the purposes of clause (3), in so far as the terms of service of a member of the Public Service Commission 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.

Secretary to Commission
109.—(1) There shall be a Secretary to the Public Service Commission who shall be a person who is a public officer and who shall be appointed by the President in accordance with the advice of the Commission.
(2) The Secretary to the Public Service Commission shall be responsible, in accordance with such instructions as may be given to him by the Chairman of the Commission, for arranging the business for, and keeping the minutes of, the meetings of the Commission and for conveying the decisions of the Commission to the appropriate person or authority and shall have such other functions as the Chairman may, from time to time, direct.

Appointment, etc., of public officers
110.—(1) Subject to the provisions of this Constitution, it shall be the duty of the Public Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over public officers.
(2) The promotion of public officers shall be on the basis of official qualifications, experience and merit.
(3) No public officer shall be dismissed or reduced in rank under this Article without being given a reasonable opportunity of being heard.
(4) Subject to the provisions of Article 110D, no member of any of the services mentioned in Article 102(1)(b) to (d) shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank.
(5) In clause (1) —
“appoint” does not include an appointment to act in an office for 2 months or less;
“transfer” does not include transfer without a change of rank within a department of the Government.

Education Service Commission
110A. [Repealed by Act 11/98]
Police and Civil Defence Services Commission
110B. [Repealed by Act 11/98]
Provisions applicable to Education Service Commission and Police and Civil Defence Services Commission
110C. [Repealed by Act 11/98]
Personnel boards
110D.—(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission under Article 110.
(2) The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:
(a) the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and
(b) all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.

(3) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Public Service Commission, such power or function —
(a) may be exercised by such personnel board notwithstanding anything in Article 110(1) and (4); and
(b) shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).

(3A) Any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this Article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board.
(3B) Any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3A) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board.
(4) Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the Public Service Commission, and the decision of the Commission shall be final.
(5) Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.
(6) A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes —
(a) a Member of Parliament or a duly nominated candidate for election as such Member;
(b) a member of any trade union or of any body or association affiliated to a trade union; or
(c) the holder of any office in any political association.

(7) The President may by regulations —
(a) provide for matters relating to the appointment of members of personnel boards;
(b) prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;
(c) prescribe the manner of appeals under clause (4); and
(d) modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to the Public Service Commission.

(8) Nothing in this Article shall affect any direction or delegation issued before 1st October 1994 by the Public Service Commission under Article 116(3), and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.

Legal Service Commission
111.—(1) There shall be a Legal Service Commission, whose jurisdiction shall extend to all officers in the Singapore Legal Service.
(2) The Legal Service Commission shall consist of —
(a) the Chief Justice, as President;
(b) the Attorney-General;
(c) the Chairman of the Public Service Commission; and
(d) at least 3 but not more than 6 other members, each of whom shall be appointed by the President if he, acting in his discretion, concurs with the advice of the person nominating the member under clause (2A).
(e) [Deleted by Act 31/2007 wef 01/11/2007]

(2A) The members referred to in clause (2)(d) shall comprise —
(a) at least one but not more than 2 persons nominated by the Chief Justice;
(b) at least one but not more than 2 persons nominated by the Chairman of the Public Service Commission; and
(c) at least one but not more than 2 persons nominated by the Prime Minister,
except that where the Chief Justice, the Chairman of the Public Service Commission or the Prime Minister, as the case may be, nominates 2 persons, one of whom must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2(1) of the Legal Profession Act (Cap. 161).

(2B) A person shall not be appointed under clause (2)(d) to be a member of the Legal Service Commission if he is, and shall cease to be such a member if he becomes —
(a) a public officer;
(b) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act (Cap. 50) or any corresponding previous written law;
(c) a Member of Parliament or a duly nominated candidate for election as such Member;
(d) a member of any trade union or of any body or association affiliated to a trade union; or
(e) the holder of any office in any political association.

(2C) Subject to clause (2B), every member of the Legal Service Commission appointed under clause (2)(d) shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under clause (2D), hold office from the date of his appointment for such period (being not shorter than 3 years and not longer than 5 years) as the President may specify, and shall be eligible for reappointment.
(2D) If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2)(d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall —
(a) refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and
(b) remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends.

(2E) The members of the Legal Service Commission appointed under clause (2)(d) shall —
(a) before assuming the duties of their respective offices, take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of their offices in the form set out in the First Schedule; and
(b) be paid such allowances as may, from time to time, be determined, and such allowances shall be charged on and paid out of the Consolidated Fund.

(2F) Subject to the provisions of this Constitution, the terms of service of the members of the Legal Service Commission appointed under clause (2)(d) may either be prescribed by or under any law made under this Constitution, or (in so far as they are not prescribed by or under any such law) be prescribed by the President.
(2G) The terms of service of any member of the Legal Service Commission appointed under clause (2)(d) shall not be altered to his disadvantage during his continuance in office, except that in so far as the terms of service of such a member of the Legal Service Commission 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.
(2H) One of the members of the Legal Service Commission referred to in clause (2)(b), (c) or (d) may be appointed by the President as the Vice-President of the Legal Service Commission where the President, acting in his discretion, concurs with the advice of the Prime Minister who shall consult the President of the Legal Service Commission before tendering any such advice to the President.
(3) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of the Legal Service Commission to appoint, confirm, emplace on the permanent establishment, promote, transfer, dismiss and exercise disciplinary control over officers in the Singapore Legal Service.
[31/2007 wef 01/11/2007]
(4) The Legal Service Commission may delegate to any officer in the Singapore Legal Service or to any board of such officers appointed by it any of its functions under clause (3) in respect of any grade of officers in the Singapore Legal Service, not being functions which are exercisable by a personnel board under Article 111AA, and that officer or board shall exercise those functions under the direction and control of the Legal Service Commission.
[31/2007 wef 01/11/2007]
(5) The Legal Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose.
(6) There shall be a Secretary to the Legal Service Commission who shall —
(a) be a person who is a public officer; and
(b) be appointed by the President in accordance with the advice of the Legal Service Commission.

(7) The Secretary to the Legal Service Commission shall be responsible, in accordance with such instructions as may be given to him by the President of the Legal Service Commission, for arranging the business for, and keeping the minutes of, the meetings of the Legal Service Commission and for conveying the decisions of the Legal Service Commission to the appropriate person or authority and shall have such other functions as the President of the Legal Service Commission may, from time to time, direct.

Personnel boards of Singapore Legal Service
111AA.—(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Legal Service Commission under Article 111.
(2) An order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of officers in the Singapore Legal Service in respect of which those powers and functions may be exercised except the following:
(a) the power to dismiss and exercise disciplinary control over officers in the Singapore Legal Service; and
(b) all powers of the Legal Service Commission in relation to officers in the Singapore Legal Service who hold appointments of and above a grade prescribed in the order, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.

(3) Before tendering his advice as to the grade in the Singapore Legal Service referred to in clause (2)(b), the Prime Minister shall consult the President of the Legal Service Commission.
(4) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Legal Service Commission, such power or function —
(a) may be exercised by such personnel board notwithstanding anything in Article 111; and
(b) shall, so long as it remains a power or function to be exercised by the personnel board pursuant to such order, cease to be exercisable by the Legal Service Commission except to the extent permitted under clause (5).

(5) Subject to any order made under clause (1), any person who is aggrieved by any decision of any personnel board established under this Article may, within such time and in such manner as may be prescribed, appeal to the Legal Service Commission, and the decision of that Commission shall be final.
(6) Subject to clause (7), a personnel board which is established under this Article shall consist of such persons (who may or may not be members of the Legal Service Commission) as the President may, on the advice of the Legal Service Commission, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Legal Service Commission.
(7) A person shall not be appointed to be a member of a personnel board established under this Article if he is, and shall cease to be a member if he becomes —
(a) a Member of Parliament or a duly nominated candidate for election as such Member;
(b) a member of any trade union or of any body or association affiliated to a trade union; or
(c) the holder of any office in any political association.

(8) An order under clause (1) may also —
(a) provide for matters relating to the appointment of members of personnel boards established under this Article;
(b) prescribe the procedure to be followed by these personnel boards in the exercise of their powers and functions; and
(c) prescribe the manner of appeals under clause (5).

Promotion to significant grade
111A.—(1) The President may, by notification in the Gazette, designate as significant a grade each in the Administrative Service Scheme of Service and the Administrative (Foreign Service) Scheme of Service (referred to in this Article as the significant grade), and such notification may be subsequently amended to designate as significant any other grade in those Schemes of Service not lower than the grade first so designated.
(2) Notwithstanding any other provision in this Constitution, any appointment or promotion of a public officer to the significant grade shall be made by the President, acting in accordance with the advice of the Prime Minister, from public officers nominated by the Public Service Commission.

Protection of pension rights
112.—(1) The law applicable to any pension, gratuity or other like allowance (referred to in this Article as an award) granted to any public officer or to his widow, children, dependants or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned.
(2) For the purposes of this Article, the relevant day is —
(a) in relation to an award made before 16th September 1963, the date on which the award was made;
(b) in relation to an award made after 16th September 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and
(c) in relation to an award made to or in respect of any person who first became a public officer on or after 16th September 1963, the date on which he first became a public officer.

(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

Power of Public Service Commission and Legal Service Commission in relation to pensions, etc.
113.—(1) Where under any written law any person or authority has a discretion —
(a) to decide whether or not any award shall be made; or
(b) to withhold, reduce in amount or suspend any such award that has been made,
that award shall be made and may not be withheld, reduced in amount or suspended unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the refusal to grant the award or, as the case may be, in the decision to withhold, reduce in amount or suspend it.
(2) Where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the making of an award of a smaller amount.
(3) In this Article, “award” has the same meaning as in Article 112.

Pensions, etc., to be charged on Pension Fund or Consolidated Fund
114.—(1) Subject to clause (2) and Articles 35(11A), 98(7), 108(2A) and 148F(10B), pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of, in the first instance, the Pension Fund established by the Pension Fund Act (Cap. 224A) and, if that Fund is deficient, the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(2) Notwithstanding clause (1), the Legislature may by law provide that any pension, gratuity or other like allowance granted in respect of public service may be paid out of another Government Fund in lieu of the Pension Fund and the Consolidated Fund.
[32/2001 wef 30/09/2001]

Pension rights on transfer
115.—(1) Notwithstanding any provision of this Constitution relating to the circumstances in which a public officer may vacate his office, any public officer may, with the consent of the Government (which consent shall not be unreasonably withheld), relinquish his office for the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any pension, gratuity or other like allowance shall not thereby be prejudiced.
(2) For the purposes of this Article, “other public service” has the meaning given to it by the Pensions Act (Cap. 225) as in force immediately before 15th September 1963.

Regulations regarding public service
116.—(1) Subject to the provisions of any written law for the time being in force in Singapore, the President may make regulations for all or any of the following matters:
(a) the division of public offices into Divisions and Services;
(b) the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and
(c) the conduct and discipline of the public service.
(2) The Public Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose, and may, in connection with the discharge of its functions, confer powers and impose duties on any person or any authority of the Government.
(3) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under Article 110(1) to any member of the Commission, to any public officer or other person, or to any board consisting of public officers and other persons appointed by it or to any person who is a member of a panel appointed by the Commission for the purposes of representing the public in any disciplinary proceedings in respect of any grade of the public service and that member, officer, board or person shall exercise those functions under the direction and control of the Public Service Commission.

Validation of acts done and rules made by Public Service Commission
117. [Omitted (as the Article has had its effect).]
Performance by Public Service Commission of other functions
118. Parliament may by law provide for the exercise of other functions by the Public Service Commission.
Reports of Commissions
119. The Public Service Commission and the Legal Service Commission shall each make an annual report on its activities to the President and a copy of every such report shall be presented to Parliament.

PART X
CITIZENSHIP
Status of citizen of Singapore
120.—(1) There shall be a status known as citizen of Singapore.
(2) The status of a citizen of Singapore may be acquired —
(a) by birth;
(b) by descent;
(c) by registration or, before the commencement of this Constitution, by enrolment; or
(d) by naturalisation.

Citizenship by birth
121.—(1) Subject to this Article, every person born in Singapore after 16th September 1963 shall be a citizen of Singapore by birth.
(2) A person shall not be a citizen of Singapore by virtue of clause (1) if at the time of his birth —
(a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President;
(b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or
(c) neither of his parents was a citizen of Singapore.

(3) Notwithstanding clause (2)(c), the Government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore.

Citizenship by descent
122.—(1) Subject to clauses (2) and (3), a person born outside Singapore after 16th September 1963 shall be a citizen of Singapore by descent if, at the time of his birth —
(a) where the person is born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore, by birth or registration; and
(b) where the person is born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore, by birth, registration or descent.
(2) A person born outside Singapore shall not be a citizen of Singapore by descent by virtue of clause (1) unless —
(a) his birth is registered in the prescribed manner at the Registry of Citizens or at a diplomatic or consular mission of Singapore within one year, or such longer period as the Government permits, after its occurrence; and
(b) he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where —
(i) in the case of a person born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore by registration at the time of his birth; or
(ii) in the case of a person born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore by registration at the time of his birth.

(3) Without prejudice to clause (2), a person born outside Singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of Singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in Singapore —
(a) for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person’s birth; or
(b) for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person’s birth.

(4) A person who, being a minor, becomes a citizen of Singapore by descent shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule and where the Government so requires divests himself of any foreign citizenship or nationality.
[12/2004 wef 15/05/2004]

Citizenship by registration
123.—(1) Subject to the provisions of this Constitution, any person resident in Singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of Singapore if he satisfies the Government that he —
(a) is of good character;
(b) has resided in Singapore throughout the 12 months immediately preceding the date of his application;
(c) has during the 12 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 10 years:
Provided that the Government may exempt any applicant from compliance with this paragraph —
(i) where such applicant has during the 6 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 5 years; or
(ii) where in any special case the Government considers fit to confer citizenship upon such applicant;

(d) intends to reside permanently in Singapore; and
(e) has an elementary knowledge of one of the following languages, namely, Malay, English, Mandarin and Tamil:
Provided that the Government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph.

(2) Subject to the provisions of this Constitution, any woman who is married to a citizen of Singapore may, on making application therefor in the prescribed manner, be registered as a citizen of Singapore if she satisfies the Government —
(a) that she has resided continuously in Singapore for a period of not less than 2 years immediately preceding the date of the application;
(b) that she intends to reside permanently in Singapore; and
(c) that she is of good character.

Registration of minors
124.—(1) The Government may if satisfied that a child under the age of 21 years —
(a) is the child of a citizen of Singapore; and
(b) is residing in Singapore,
cause such child to be registered as a citizen of Singapore on application being made therefor in the prescribed manner by the parent or guardian of such child.
(2) The Government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of Singapore.

Effect of registration
125. Subject to Article 126, a person registered as a citizen of Singapore under Article 123 or 124 shall be a citizen of Singapore from the date on which he is so registered.
General provisions as to registration
126.—(1) No person shall be registered as a citizen of Singapore under Article 123 until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.
(2) Except with the approval of the Government, no person who has renounced or has been deprived of citizenship of Singapore under this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) shall be registered as a citizen of Singapore under the provisions of this Constitution.
(3) Any person who becomes a citizen of Singapore by registration under section 13 of the Singapore Citizenship Ordinance 1957 or Article 124 shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

Citizenship by naturalisation
127.—(1) Subject to clause (4), the Government may, upon application made by any person of or over the age of 21 years who is not a citizen of Singapore, grant a certificate of naturalisation to that person if the Government is satisfied —
(a) that he has resided in Singapore for the required periods and intends, if the certificate is granted, to do so permanently;
(b) that he is of good character; and
(c) that he has an adequate knowledge of the national language.
(2) The periods of residence in Singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date.
(3) A person to whom a certificate of naturalisation is granted shall be a citizen of Singapore by naturalisation from the date on which the certificate is granted.
(4) No certificate of naturalisation shall be granted to any person until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.

Renunciation of citizenship
128.—(1) Any citizen of Singapore of or over the age of 21 years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of Singapore by declaration registered by the Government, and shall upon such registration cease to be a citizen of Singapore.
(2) The Government may withhold the registration of a declaration under this Article —
(a) if the declaration is made during any war in which Singapore is engaged; or
(b) if the declaration is made by a person subject to the Enlistment Act (Cap. 93) unless he has —
(i) discharged his liability for full-time service under section 12 of that Act;
(ii) rendered at least 3 years of operationally ready national service under section 13 of that Act in lieu of such full-time service; or
(iii) complied with such conditions as may be determined by the Government.

(3) This Article applies to a woman under the age of 21 years who has been married as it applies to a person of or over that age.

Deprivation of citizenship
129.—(1) A citizen of Singapore who is a citizen by registration or by naturalisation shall cease to be such a citizen if he is deprived of his citizenship by an order of the Government made in accordance with this Article.
(2) The Government may, by order, deprive any such citizen of his citizenship if the Government is satisfied that the registration or the certificate of naturalisation —
(a) was obtained by means of fraud, false representation or the concealment of any material fact; or
(b) was effected or granted by mistake.

(3) The Government may, by order, deprive of his citizenship —
(a) any person who is a citizen of Singapore by naturalisation if the Government is satisfied —
(i) that he has shown himself by act or speech to be disloyal or disaffected towards Singapore; or
(ii) that he has, during any war in which Singapore is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or

(b) any citizen of Singapore by registration or by naturalisation if the Government is satisfied —
(i) that he has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced; or
(ii) that he has, at any time after registration or naturalisation, been engaged in any activities which are prejudicial to the security of Singapore, or the maintenance of public order therein, or the maintenance therein of essential services, or in any criminal activities which are prejudicial to the interests of public safety, peace or good order.

(4) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that, without the Government’s approval, he has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:
Provided that a person shall not be deprived of his citizenship under this clause by reason of anything done before the commencement of this Constitution notwithstanding that he was at the time a citizen of Singapore.

(5) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that he has been ordinarily resident in foreign countries for a continuous period of 5 years and during that period has neither —
(a) been at any time in the service of Singapore or of an international organisation of which the Government was a member; nor
(b) registered annually at a consulate of Singapore his intention to retain his citizenship.

(6) The Government may, by order, deprive of her citizenship any woman who is a citizen of Singapore by registration under Article 123(2) if the Government is satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of 2 years beginning with the date of the marriage.
(7) No person shall be deprived of his citizenship under this Article or under Article 130 unless the Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Singapore; and no person shall be deprived of his citizenship under clause (2)(b) or clause (3)(a) or (b) (i) or under clause (4) or (5) or under Article 130 if the Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

Deprivation of citizenship of child of person losing citizenship
130. Where a person has —
(a) renounced his citizenship; or
(b) been deprived of his citizenship under Article 129(2)(a) or 134(1)(a),
the Government may, by order, deprive of his citizenship any child of that person under the age of 21 years who has been registered as a citizen of Singapore pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband.

General provisions as to loss of citizenship
131. Renunciation or deprivation of citizenship of Singapore shall not discharge a person from liability in respect of anything done or omitted to be done before he ceased to be a citizen of Singapore.
Cancellation of enrolment as citizen
132.—(1) Where a person has been enrolled as a citizen of Singapore before the commencement of this Constitution and the Government is satisfied that the enrolment —
(a) was obtained by means of fraud, false representation or the concealment of any material fact; or
(b) was effected by mistake,
the Government may, by order, cancel the enrolment.
(2) Where under this Article a person’s enrolment as a citizen of Singapore is cancelled, that shall not discharge him from liability in respect of anything done or omitted to be done before the cancellation.

Procedure for deprivation
133.—(1) Before making an order under Article 129, 132, 134 or 135, the Government shall give the person, against whom the order is proposed to be made, notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.
(2) If any person to whom such notice is given applies within such time as may be prescribed to have the case referred to a committee of inquiry, the Government shall, and in any other case may, refer the case to a committee of inquiry consisting of a Chairman, who shall be a person qualified to be appointed as a Judge of the Supreme Court, and 2 other members chosen from a panel to be appointed by the Government in that behalf.
(3) The committee of inquiry shall, on such reference, hold an inquiry in such manner as may be prescribed and submit a report to the Government and the Government shall have regard to such report in making the order.

Deprivation of citizenship on acquisition of foreign citizenship
134.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —
(a) he has, while of or over the age of 18 years, at any time after 6th April 1960 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore or having so acquired such citizenship before the age of 18 years continues to retain it after that age; or
(b) the citizen, being a woman who is a citizen of Singapore by registration under Article 123(2), has acquired the citizenship of any country outside Singapore by virtue of her marriage to a person who is not a citizen of Singapore.
(2) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.

Deprivation of citizenship on exercise of rights of foreign nationals, etc.
135.—(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that —
(a) he has, while of or over the age of 18 years, at any time after 6th April 1960 voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country;
(b) he has, while of or over the age of 18 years, at any time after 6th April 1960 applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; or
(c) he is of or over the age of 18 years and has, whether before or after attaining the age of 18 years, been ordinarily resident outside Singapore for a continuous period of 10 years (including any period of residence outside Singapore before 2nd January 1986) and has not at any time —
(i) during that period or thereafter entered Singapore by virtue of a certificate of status or travel document issued by the competent authorities of Singapore; or
(ii) during that period been in the service of the Government or of an international organisation of which Singapore is a member or of such other body or organisation as the President may, by notification in the Gazette, designate.

(2) For the purposes of clause (1)(a), the exercise of a vote in any political election in a place outside Singapore shall be deemed to be the voluntary claim and exercise of a right available under the law of that place.
(3) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.

Termination of citizenship of Malaysia
136. Where a person who was a citizen of Singapore had renounced his citizenship of Malaysia or been deprived of his citizenship of Malaysia by the government of Malaysia before the commencement of this Constitution, such person shall be deemed to have renounced or been deprived of his citizenship of Singapore under this Constitution and to have ceased to be a citizen of Singapore.
Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
137.—(1) Where a person has been deprived of his citizenship or his enrolment as a citizen has been cancelled under the provisions of this Part, the Government may, by order, deprive of his citizenship or, as the case may be, cancel the enrolment of any child of that person under the age of 21 years who has been registered or enrolled as a citizen under the provisions of this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) and was so registered or enrolled as being the child of that person or of that person’s wife or husband.
(2) No person shall be deprived of his citizenship under clause (1) unless the Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of his citizenship under clause (1) if the Government is satisfied that as a result of such deprivation he would not be a citizen of any country.

Grant of certificate of citizenship in cases of doubt
138. Upon application made in that behalf in the prescribed manner, the Government may grant in the form prescribed a certificate of citizenship to a person with respect to whose citizenship a doubt exists, whether of fact or of law:
Provided that where the Government is satisfied that such a certificate was obtained in circumstances set out in Article 132(1) (a) or (b), the Government may, by order, cancel such certificate.

Commonwealth citizenship
139.—(1) In accordance with the position of Singapore within the Commonwealth, every person who is a citizen of Singapore enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.
(2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

Application of Third Schedule
140. Until the Legislature otherwise provides by law, the supplementary provisions contained in the Third Schedule shall have effect for the purposes of this Part.
Repeal
141.—(1) The Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) is hereby repealed.
(2) Any person who immediately before 16th September 1963 was, by virtue of the Singapore Citizenship Ordinance 1957, a citizen of Singapore by birth, descent, registration or naturalisation, shall as from that date continue, subject to the provisions of this Constitution, to possess that status.
(3) Where a person would have been a citizen of Singapore by descent immediately before 16th September 1963 if his birth had been registered under the provisions of the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957), he shall become a citizen of Singapore by descent if his birth is registered at a consulate of Singapore or with the Government in the prescribed manner within one year of its occurrence or, with the permission of the Government, later.
(4) Notwithstanding the repeal of the Singapore Citizenship Ordinance 1957, where a person who has become a citizen of Singapore was liable in respect of things done before 16th September 1963 to be deprived of that status under the Ordinance, then the Government may, by order, deprive him of his citizenship, if proceedings for that purpose are begun during the period of 2 years after that date.
(5) Where a person is liable to be deprived of citizenship under clause (4) and proceedings had before 16th September 1963 been begun to deprive him of citizenship of Singapore under the provisions of the Singapore Citizenship Ordinance 1957, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause and shall be continued as such in accordance with the provisions of the Singapore Citizenship Ordinance 1957 in force immediately before that date.

PART XI
FINANCIAL PROVISIONS
Interpretation of this Part
142.—(1) In this Part, unless the context otherwise requires —
“Development Fund” means the Development Fund established by the Development Fund Act (Cap. 80);
“financial year” means a period of 12 months ending on 31st March in any year.
(1A) Notwithstanding clauses (1C) and (2), where —
(a) before the start of any financial year, the President, acting in his discretion, concurs with the advice of the Minister responsible for finance on the long-term real rates of return which are expected to be earned on the respective components of the relevant assets (referred to in this Article as the expected long-term real rates of return); and
(b) the Minister responsible for finance thereafter certifies under his hand to the President the spending limit for that financial year, specifying an amount which shall not be more than 50% of the total of all amounts ascertained by applying the expected long-term real rates of return so agreed under paragraph (a) for that financial year on the respective components of the relevant assets,
any reference in this Part to the reserves not accumulated by the Government during its current term of office shall exclude those reserves equal to the amount so certified.

(1B) Any provisional certificate on the spending limit for a financial year issued by the Minister responsible for finance under clause (1A)(b) at any time during the financial year shall have the same effect as if it is a final certificate on the spending limit for the financial year until it is superseded by the issue of the final certificate on the spending limit for that same financial year.
(1C) In addition to clause (2), the net investment income and realised capital gains that are —
(a) directly attributable to the relevant assets; and
(b) received by the Government during a financial year in any current term of office of the Government,
shall for the purposes of this Part accrete and be deemed to form part of the past reserves of the Government with effect from the date of the receipt thereof.

(2) For the purposes of this Part, where any net investment income is received during a financial year in any current term of office of the Government —
(a) such amount of the net investment income of the financial year that is derived from the past reserves of the Government as is certified under clause (3); or
(b) if no certificate under clause (3) is made, 50% of the net investment income of the financial year that is derived from the past reserves of the Government not comprised in the relevant assets,
shall accrete and be deemed to form part of the past reserves of the Government with effect from the date of the certificate relating to that financial year made under clause (3) or, if no such certificate is made or earlier made, from the date the accounts and statements referred to in Article 147(5) for that financial year are presented to the President.

(3) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, certify to the President in a certificate relating to that financial year, the amount (not being less than 50%) of the net investment income of that financial year derived from the past reserves of the Government not comprised in the relevant assets which is to accrete and be deemed to form part of the past reserves of the Government; and such certificate shall be final and conclusive evidence of the amount.
[Act 20 of 2015 wef 01/10/2015]
(4) In this Article —
[Deleted by Act 20 of 2015 wef 01/10/2015]
“net investment income”, in relation to a financial year, means the balance of —
(a) the dividends, interest and other income received by the Government during the financial year from investing the reserves of the Government; and
(b) the interest received by the Government during the financial year from loans (whenever given) by the Government,
after deducting all expenses arising from or incidental to investing and managing those reserves (other than costs of purchasing or disposing of or converting investments) and any interest, sinking fund charges and borrowing charges;
[Act 20 of 2015 wef 01/10/2015]
“net investment income of a financial year that is derived from the past reserves” means the share of the net investment income of the financial year that is attributable to the past reserves;
“past reserves of the Government” means the reserves not accumulated by the Government during its current term of office, including accretions thereto deemed under clauses (1C) and (2) to be part thereof, but less such amount that is certified under clause (1A)(b) or such amount adjusted pro-rata based on the period a financial year falls partially within any current term of office of the Government;
“real rate of return” means an annual percentage of return on investment of relevant assets of the Government adjusted for changes in prices due to inflation or deflation and after deducting all expenses arising from or incidental to investing and managing the relevant assets;
“realised capital gains”, in relation to any relevant assets, means all proceeds realised from the disposition of the relevant assets less all costs and expenses arising from or incidental to the disposition, purchase or conversion of the relevant assets, and includes any realised capital losses;
“relevant assets” means all of the following:
(a) the total net assets managed by GIC Private Limited and all its wholly-owned subsidiaries (including those with registered offices outside Singapore) as fund managers for the Government, for any company wholly-owned by the Government and for all the wholly-owned subsidiaries of such a Government company;
[Act 39 of 2014 wef 01/01/2015]
[Act 20 of 2015 wef 01/10/2015]
(b) such moneys of the Government as the Monetary Authority of Singapore receives from the Government as banker to the Government;
[Act 20 of 2015 wef 01/10/2015]
(c) the excess of the assets of the Monetary Authority of Singapore over its liabilities, being assets and liabilities not directly attributable to the Government, and being not already comprised in paragraph (b);
[Act 20 of 2015 wef 01/10/2015]
(d) from 1 April 2016, the excess of the assets of Temasek Holdings (Private) Limited over its liabilities,
[Act 20 of 2015 wef 01/10/2015]
less the following liabilities:
(i) the total liabilities of the Government that is attributable to its borrowings under the Government Securities Act (Cap. 121A) and the Local Treasury Bills Act (Cap. 167); and
(ii) the total liabilities of the Government that is represented by any Government Fund (other than a Government Fund required by written law to be held, managed and administered separately from other Government funds) established by a public Act for special purposes and not already comprised in paragraph (i).

No taxation unless authorised by law
143. No tax or rate shall be levied by, or for the purposes of, Singapore except by or under the authority of law.
Restriction on loans, guarantees, etc.
144.—(1) No guarantee or loan shall be given or raised by the Government —
(a) except under the authority of any resolution of Parliament with which the President, acting in his discretion, concurs;
[Act 28 of 2016 wef 01/04/2017]
(b) under the authority of any law to which this paragraph applies unless the President, acting in his discretion, concurs with the giving or raising of such guarantee or loan; or
[Act 28 of 2016 wef 01/04/2017]
(c) except under the authority of any other written law.
(2) The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament providing, directly or indirectly, for the borrowing of money, the giving of any guarantee or the raising of any loan by the Government if, in the opinion of the President, the Bill is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(3) Clause (1)(b) shall apply to the following laws:
(a) the Asian Development Bank Act (Cap. 15);
(b) the Bretton Woods Agreements Act (Cap. 27);
(c) [Deleted by Act 27/2008 wef 01/01/2009]
(d) the External Loans Act (Cap. 102);
(e) the Financial Procedure Act (Cap. 109);
(f) the International Development Association Act (Cap. 144A);
(g) the International Finance Corporation Act (Cap. 144);
[12/2004 wef 15/05/2004]
(h) the Jurong Town Corporation Act (Cap. 150); and
[12/2004 wef 15/05/2004]
(i) the Loans (International Banks) Act (Cap. 164).
[12/2004 wef 15/05/2004]

Consolidated Fund
145. There shall be in and for Singapore a Consolidated Fund into which, subject to the provisions of any law for the time being in force in Singapore, shall be paid all revenues of Singapore not allocated to specific purposes by any written law.
Withdrawal from Consolidated Fund, etc.
146.—(1) No moneys shall be withdrawn from the Consolidated Fund unless they are —
(a) charged on the Consolidated Fund;
(b) authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law;
(c) authorised to be issued by a resolution passed by Parliament under Article 148B with which the President concurs; or
(d) authorised to be issued by the Minister responsible for finance under Article 148B(4).
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law.
(3) Clause (1) shall not apply to any such sums as are mentioned in Article 147(2) (b) (i), (ii) or (iii).
(4) No moneys in the Development Fund shall be withdrawn —
(a) except for any one or more purposes specified in any written law, being purposes necessary or related to the development of Singapore; and
(b) unless authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law or by the Minister responsible for finance under Article 148B(4).

Annual estimates and financial statements
147.—(1) The Minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure of Singapore during the succeeding financial year which, when approved by the Cabinet, shall be presented to Parliament.
(2) The estimates of expenditure shall show separately —
(a) the total sums required to meet expenditure charged on the Consolidated Fund;
(b) the sums respectively required to meet the heads of other expenditure for the public services proposed to be met from the Consolidated Fund, except the following sums:
(i) sums representing the proceeds of any loan raised by the Government for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;
(ii) sums representing any money or interest on money received by the Government subject to a trust and to be applied in accordance with the terms of the trust; and
(iii) sums representing any money held by the Government which has been received or appropriated for the purpose of any trust fund established by or in accordance with any written law; and

(c) the sums respectively required to meet the heads of expenditure proposed to be met from the Development Fund.

(3) The estimates of revenue to be shown in the estimates shall not include any sums received by way of zakat, fitrah and baitulmal or similar Muslim revenue.
(4) The Minister responsible for finance shall also present to Parliament together with the estimates of revenue and expenditure —
(a) a statement whether the annual estimates of revenue and expenditure is likely to draw on the reserves which were not accumulated by the Government during its current term of office; and
(b) an audited statement showing as far as practicable the assets and liabilities of Singapore at the end of the last completed financial year.

(5) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, prepare in respect of that year —
(a) in relation to accounts maintained in respect of the Consolidated Fund, a full and particular account showing the amounts actually received and spent in that year, and a full and particular statement showing receipts and expenditure of any loan moneys;
(b) a statement of receipts and expenditure of moneys accounted in the Development Fund Account;
(c) a statement of receipts and expenditure of moneys accounted in any Government fund created by any law;
(d) so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year;
(e) so far as is practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and
(f) such other statements as the Minister may think fit,
and, after the accounts and statements referred to in this clause have been audited, present to the President those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this clause show any drawing on or likelihood of drawing on the reserves of the Government which were not accumulated by the Government during its current term of office.

Authorisation of expenditure from Consolidated Fund and Development Fund
148.—(1) The heads of expenditure to be met from the Consolidated Fund and Development Fund (other than statutory expenditure and expenditure to be met by such sums as are mentioned in Article 147(2)(b)(i), (ii) or (iii)) shall be included in a Bill to be known as a Supply Bill, providing for the issue from the Consolidated Fund and Development Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(2) Wherever —
(a) any moneys are expended or are likely to be expended in any financial year upon any service or purpose which are in excess of the sum provided for that service or purpose by the Supply law relating to that year; or
(b) any moneys are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service or purpose not provided for by the Supply law relating to that year,
supplementary estimates (or, as the case may be, statements of excess) shall be prepared by the Minister responsible for finance and, when approved by the Cabinet, shall be presented to and voted on by Parliament; in respect of all supplementary expenditure so voted, the Minister responsible for finance may, at any time before the end of the financial year, introduce into Parliament a Supplementary Supply Bill containing, under appropriate heads, the estimated sums so voted and shall, as soon as possible after the end of each financial year, introduce into Parliament a Final Supply Bill containing any such sums which have not yet been included in any Supply Bill.

(2A) The Minister responsible for finance shall, in presenting to Parliament any supplementary estimates or statement of excess under clause (2), also present a statement stating whether the supplementary estimates or statement of excess, as the case may be, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.
(3) The part of any estimates of expenditure presented to Parliament which shows statutory expenditure shall not be voted on by Parliament, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.
(4) For the purposes of this Article, “statutory expenditure” means expenditure charged on the Consolidated Fund or on the general revenues and assets of Singapore by virtue of Articles 18, 22J(3), 35(10), 41, 42(3), 108(1), 114, 148E and 148F(4) or by virtue of the provisions of any other law for the time being in force in Singapore.

Withholding of assent to Supply Bill, etc.
148A.—(1) The President may, acting in his discretion, withhold his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill for any financial year if, in his opinion, the estimates of revenue and expenditure for that year, the supplementary estimates or the statement of excess, as the case may be, are likely to lead to a drawing on the reserves which were not accumulated by the Government during its current term of office, except that if the President assents to any such Bill notwithstanding his opinion that the estimates, supplementary estimates or statement of excess are likely to lead to a drawing on those reserves, the President shall state his opinion in writing addressed to the Speaker and shall cause his opinion to be published in the Gazette.
(2) If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill relating to any financial year and no resolution to overrule the President is passed by Parliament under Article 37IF within 30 days of such withholding of assent, Parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised by law) from the Consolidated Fund and Development Fund during that financial year:
Provided that —
(a) where the President withholds his assent to a Supply Bill, the expenditure so authorised for any service or purpose for that financial year (which shall include any amount authorised under Article 148B(4)) shall not exceed the total amount appropriated for that service or purpose in the preceding financial year; or
(b) where the President withholds his assent to a Supplementary Supply Bill or Final Supply Bill, the expenditure so authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose.
[Act 28 of 2016 wef 01/04/2017]

(3) For the purposes of paragraph (a) of the proviso to clause (2), the total amount appropriated for any service or purpose in any financial year shall be ascertained by adding the sums appropriated for such service or purpose by the Supply law, Supplementary Supply law and Final Supply law (if any) for that financial year.
(3A) Upon the passing of a resolution under clause (2), the Minister responsible for finance shall introduce in Parliament a Supply Bill, Supplementary Supply Bill or Final Supply Bill, as the case may be, containing, under appropriate heads, the sums so voted on by Parliament.
(4) In forming his opinion under clause (1) in relation to any Supplementary Supply Bill or Final Supply Bill, the President shall not have regard to any amount for any service or purpose included in the Supplementary Supply Bill or Final Supply Bill which is to replace any amount advanced from any Contingencies Fund under Article 148C(1).
(5) [Deleted by Act 28 of 2016 wef 01/04/2017]

Power to authorise expenditure on account, etc., or for unspecified purposes
148B.—(1) Subject to clause (3), Parliament may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any year before the passing of the Supply law for that year, but the aggregate sums so voted shall be included under the appropriate heads, in the Supply law for that year.
(2) Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with Articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to Parliament desirable to do so.
(3) No resolution of Parliament made under clause (1) or (2) shall have effect unless the President, acting in his discretion, concurs therewith.
(4) If no Supply Bill has become law by the first day of the financial year to which it relates (whether by reason of the President withholding his assent thereto or otherwise), the Minister responsible for finance may, with the prior approval of the Cabinet, authorise such expenditure (not otherwise authorised by law) from the Consolidated Fund, Development Fund or other Government fund as he may consider essential for the continuance of the public services or any purpose of development shown in the estimates until there is a supply law for that financial year:
Provided that the expenditure so authorised for any service or purpose shall not exceed one-quarter of the amount voted for that service or purpose in the Supply law for the preceding financial year.

Contingencies Funds
148C.—(1) The Legislature may by law create a Contingencies Fund each for the Consolidated Fund and for the Development Fund and authorise the Minister responsible for finance to make advances from the appropriate Contingencies Fund if —
(a) he is satisfied that there is an urgent and unforeseen need for expenditure for which no provision or no sufficient provision has been made by a Supply law; and
(b) the President, acting in his discretion, concurs with the making of such advances.
(2) Where any advance is made by virtue of the authority conferred under clause (1), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by Parliament and the sum shall be included in a Supplementary Supply Bill or Final Supply Bill.
(3) If the Minister responsible for finance intends to make any advance from a Contingencies Fund, he shall present to the President a statement stating whether the proposed advance, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.
(4) The President may, acting in his discretion, refuse to concur with the making of an advance from a Contingencies Fund which in his opinion, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.

148D. [Repealed by Act 28 of 2016 wef 01/04/2017]
Debt charges and moneys required to satisfy judgments
148E.—(1) The following are hereby charged on the Consolidated Fund:
(a) all debt charges for which the Government is liable; and
(b) any moneys required to satisfy any judgment, decision or award against the Government by any court or tribunal.
(2) For the purposes of this Article, “debt charges” includes interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Appointment of Auditor-General
148F.—(1) There shall be an Auditor-General who shall be appointed or re-appointed, as the case may be, by the President in accordance with the advice of the Prime Minister unless the President, acting in his discretion, does not concur with that advice.
(2) The Prime Minister shall, before tendering any advice under clause (1), consult the Chairman of the Public Service Commission.
(3) It shall be the duty of the Auditor-General to audit and report on the accounts of all departments and offices of the Government, the Public Service Commission, the Legal Service Commission, the Supreme Court, all subordinate courts and Parliament.
(4) The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government and accounts of other public authorities and other bodies administering public funds as may be prescribed by or under any written law.
(5) Subject to clauses (7) and (8), the Auditor-General shall hold office for a term of 6 years and shall cease to hold that office at the end of that term, but without prejudice to his eligibility for re-appointment for further terms of 6 years each.
(6) [Deleted by Act 2/2001 wef 02/08/2001]
(7) The Auditor-General may at any time resign his office by writing under his hand addressed to the President.
(8) The Auditor-General may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor-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 Judges of the Supreme Court nominated for that purpose by the Chief Justice.
(9) The tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose.
(10) Parliament shall by resolution provide for the remuneration of the Auditor-General and the remuneration so provided shall be charged on the Consolidated Fund.
(10A) Subject to the provisions of this Constitution, the terms of service of the Auditor-General may be prescribed in regulations made by the President and published in the Gazette, and in so far as they are not prescribed by such law, be determined by the President.
[Act 39 of 2014 wef 01/01/2015]
(10B) Regulations made under clause (10A) may provide that any gratuity payable in respect of service as the Auditor-General shall be charged on the Consolidated Fund.
[Act 39 of 2014 wef 01/01/2015]
(11) The remuneration and other terms of service of the Auditor-General shall not be altered to his disadvantage during his continuance in office.

Duty to inform President of certain transactions
148G.—(1) It shall be the duty of the Auditor-General and the Accountant-General to inform the President of any proposed transaction by the Government which to their knowledge is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(2) Where the President has been so informed under clause (1) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction.
(3) Where the President does not disapprove of any proposed transaction under clause (2) even though he is of the opinion that the proposed transaction is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, the President shall cause his decision and opinion to be published in the Gazette.

Publication of President’s opinion regarding certain liabilities of the Government
148H. Where the President considers that certain liabilities of the Government, though not requiring his approval, are likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, he shall state his opinion in writing to the Prime Minister and shall cause the opinion to be published in the Gazette.
Transfer of Government’s past reserves
148I.—(1) Notwithstanding any provision in this Part, a proposed transfer or transfer (whether by or under any written law or otherwise) by the Government of any of its reserves to —
(a) a Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (2) as the transferee company); or
(b) a statutory board specified in Part I of the Fifth Schedule (referred to in this clause and clause (2) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the Government before its current term of office are likely to be or have been drawn on if —
(i) in the case of a proposed transfer or transfer of reserves by the Government to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the Government shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(ii) in the case of a proposed transfer or transfer of reserves by the Government to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the Government shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.
(2) Any reserves transferred by the Government together with or under any undertaking, resolution or written law referred to in clause (1) shall be deemed to form part of the reserves accumulated by the transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a) where the Supply Bill for any financial year provides for the proposed transfer of reserves and the Supply Bill is assented to by the President — at the beginning of that financial year;
(b) where a Supplementary Supply Bill provides for the proposed transfer and the Bill is assented to by the President — on the date of such assent by the President; or
(c) in any other case — on the date those reserves are so transferred.

PART XII
SPECIAL POWERS AGAINST SUBVERSION AND EMERGENCY POWERS
Legislation against subversion
149.—(1) If an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside Singapore —
(a) to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property;
(b) to excite disaffection against the President or the Government;
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence;
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the security of Singapore,
any provision of that law designed to stop or prevent that action or any amendment to that law or any provision in any law enacted under clause (3) is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this Article, be outside the legislative power of Parliament.
(2) A law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.
(3) If, in respect of any proceedings whether instituted before or after 27th January 1989, any question arises in any court as to the validity of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any law referred to in this Article, such question shall be determined in accordance with the provisions of any law as may be enacted by Parliament for this purpose; and nothing in Article 93 shall invalidate any law enacted pursuant to this clause.

Proclamation of Emergency
150.—(1) If the President is satisfied that a grave emergency exists whereby the security or economic life of Singapore is threatened, he may issue a Proclamation of Emergency.
(2) If a Proclamation of Emergency is issued when Parliament is not sitting, the President shall summon Parliament as soon as practicable, and may, until Parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.
(3) A Proclamation of Emergency and any ordinance promulgated under clause (2) shall be presented to Parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by Parliament annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under clause (1) or promulgate any ordinance under clause (2).
(4) Subject to clause (5)(b), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and any provision of this Constitution (except Articles 22E, 22H, 144(2) and 148A) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the President for his assent, shall not apply to a Bill for such a law or an amendment to such a Bill.
(5) (a) Subject to paragraph (b), no provision of any ordinance promulgated under this Article, and no provision of any Act which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(b)Paragraph (a) shall not validate any provision inconsistent with —
(i) [Deleted by Act 28 of 2016 wef 01/04/2017]
(ii) [Deleted by Act 28 of 2016 wef 01/04/2017]
(iii) the provisions of this Constitution relating to religion, citizenship or language.

(6) At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

Restrictions on preventive detention
151.—(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention —
(a) the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; and
(b) no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.
(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Judge of the Supreme Court, and 2 other members, who shall be appointed by the President after consultation with the Chief Justice.
(3) This Article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.
(4) Where an advisory board constituted for the purposes of this Article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.
[Act 28 of 2016 wef 01/04/2017]

Defence and security measures
151A.—(1) Articles 22B(7), 22D(6), 148G(2) and (3) and 148H shall not apply to any defence and security measure.
(2) For the purposes of clause (1), a defence and security measure means any liability or proposed transaction which the Prime Minister and the Minister responsible for defence, on the recommendations of the Permanent Secretary to the Ministry of Defence and the Chief of Defence Force, certify to be necessary for the defence and security of Singapore, and any certificate under the hands of the Prime Minister and the Minister responsible for defence shall be conclusive evidence of the matters specified therein.

PART XIII
GENERAL PROVISIONS
Minorities and special position of Malays
152.—(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.
(2) The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.

Muslim religion
153. The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.
Official languages and national language
153A.—(1) Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore.
(2) The national language shall be the Malay language and shall be in the Roman script:
Provided that —
(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b) nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Singapore.

Impartial treatment of Government employees
154. Subject to the provisions of this Constitution, all persons of whatever race in the same grade of the service of the Government shall, subject to the terms and conditions of their employment, be treated impartially.
Exemption
154A. The President, acting in his discretion, may by order published in the Gazette exempt any transaction or class of transactions, from the application of Article 144.
Authorised reprints of Constitution
155.—(1) The Attorney-General may, with the authority of the President, as soon as may be after 4th May 1979 cause to be printed and published a consolidated reprint of the Constitution of Singapore, as amended from time to time, amalgamated with such of the provisions of the Constitution of Malaysia as are applicable to Singapore, into a single, composite document*.
* See Reprint No. 1 of 1980 published on 31st March 1980.
(2) The President may, from time to time, authorise the Attorney-General to cause to be printed and published an up-to-date reprint of the Constitution of the Republic of Singapore, incorporating therein all amendments in force at the date of such authorisation.
(3) Any reprint of the Constitution of the Republic of Singapore, printed and published under clause (1) or (2), shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint.
(4) In the preparation and compilation of any reprint under clause (1) or (2), the Attorney-General shall have, with the necessary modifications, the powers conferred upon the Law Revision Commissioners by section 4 of the Revised Edition of the Laws Act (Cap. 275).
(5) In the preparation and compilation of the consolidated reprint under clause (1), the Attorney-General shall have the power in his discretion —
(a) to merge the existing provisions of both Constitutions, making thereto such modifications as may be necessary or expedient in consequence of the independence of Singapore upon separation from Malaysia;
(b) to re-arrange the Parts, Articles and provisions of the Constitution of Singapore and of the Constitution of Malaysia in such connected sequence as he thinks fit, omitting inappropriate or inapplicable provisions, in the latter Constitution;
(c) where provisions exist in both Constitutions on the same subject-matter, to include in the consolidated reprint the provisions of the Constitution of Singapore on such subject-matter and to omit the duplicated provisions appearing in the Constitution of Malaysia from the consolidated reprint; and
(d) generally, to do all other things necessitated by, or consequential upon, the exercise of the powers conferred upon the Attorney-General by this Article or which may be necessary or expedient for the perfecting of the consolidated reprint of the Constitution of the Republic of Singapore.

Date of coming into operation of Constitution
156. [Omitted]

PART XIV
TRANSITIONAL PROVISIONS
Existing Standing Orders
157. The Standing Orders of the Legislative Assembly established by the Singapore (Constitution) Order in Council 1958 (S.I. 1958 No. 1956) which are in force immediately before the commencement of this Constitution shall, subject to amendment or revocation under Article 52, be the Standing Orders of Parliament.
Public officers to continue in office
158. Subject to the provisions of this Constitution, every person who immediately before the commencement of this Constitution holds a public office shall on its commencement continue to hold the like office in the public service.
Terms of service of persons who continue in office
159.—(1) Except where other provision is made by this Constitution, any person who holds any office as from the commencement of this Constitution by virtue of having been the holder of any office immediately before its commencement shall, as from its commencement, be entitled to the same terms of service as were applicable to him immediately before its commencement, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter.
(2) For the purposes of this Article, in so far as the terms of service of any person 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.

Succession to property
160. Subject to this Article, all property and assets which immediately before the commencement of this Constitution were vested in the State of Singapore shall vest in the Republic of Singapore.
Rights, liabilities and obligations
161. [Omitted]
Existing laws
162. Subject to this Article, all existing laws shall continue in force on and after the commencement of this Constitution and all laws which have not been brought into force by the date of the commencement of this Constitution may, subject as aforesaid, be brought into force on or after its commencement, but all such laws shall, subject to this Article, be construed as from the commencement of this Constitution with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
163.—(1) The person holding the office of President immediately prior to 30th November 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of President by this Constitution as amended by the Constitution of the Republic of Singapore (Amendment) Act 1991 (Act 5 of 1991) (referred to in this Article as the Act), as if he had been elected to the office of President by the citizens of Singapore, except that if that person vacates the office of President before the expiration of his term of office, a poll shall be conducted for the election of a new President within 6 months from the date the office of President became vacant.
(2) The Act shall not affect the appointment of any person made before 30th November 1991 and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of this Constitution as amended by the Act.
(3) This Constitution as amended by the Act shall have effect subject to the following modifications:
(a) the initial term of office of the Government shall be the period beginning from 30th November 1991 and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the first general election following that date;
(b) Articles 22B and 22D shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after that date;
(c) in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after that date, any reference in Articles 22B and 22D to the approved budget of the preceding financial year of the statutory board or Government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and
(d) Article 148A shall apply in respect of the first financial year of the Government beginning on or after that date as if the resolution of Parliament authorising expenditure from the Development Fund for the preceding financial year forms part of the Supply law or Final Supply law for such preceding financial year.

Transitional provisions for Article 19B
164.—(1) The Legislature must, by law —
(a) specify the first term of office of the President to be counted for the purposes of deciding whether an election is reserved under Article 19B; and
(b) if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under Article 19B commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong.
(2) In this Article, “appointed date” means the date of commencement of section 9 of the Constitution of the Republic of Singapore (Amendment) Act 2016.
[Act 28 of 2016 wef 01/04/2017]

Transitional provisions for Council of Presidential Advisers
165.—(1) An existing member continues to be a member for the remaining duration of the existing member’s last appointment.
(2) Article 37B(2) applies to the appointment or re-appointment of any person as a member on or after the appointed date.
(3) The first 3 appointments made under Article 37B(2) by the President acting in his discretion must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(i) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(i) as soon as practicable after any existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(i) as soon as practicable after the remaining existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat.

(4) The first 3 appointments made under Article 37B(2) by the President on the advice of the Prime Minister must be made as follows:
(a) the first appointment must be made under Article 37B(2)(a)(ii) as soon as practicable after the appointed date;
(b) the second appointment must be made under Article 37B(2)(b)(ii) as soon as practicable after any existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat;
(c) the third appointment must be made under Article 37B(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat.

(5) The first appointment made under Article 37B(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the President on the Chief Justice’s advice completes the member’s term or vacates the member’s seat.
(6) The first appointment made under Article 37B(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the President on the advice of the Chairman of the Public Service Commission completes the member’s term or vacates the member’s seat.
(7) In this Article, unless the context otherwise requires —
“appointed date” means the date of commencement of section 17 of the Constitution of the Republic of Singapore (Amendment) Act 2016;
“existing member” means a member on the date immediately before the appointed date;
“member” means a member of the Council of Presidential Advisers.
[Act 28 of 2016 wef 01/04/2017]

FIRST SCHEDULE
(Articles 20(3); 27; 37H; 40 (3); 42 (2) (b); 61; 75; 97; 105 (8) and 110C(8))

FORMS OF OATHS
1. Oath of Office of President
I, ……………………………………………………………………………………….., having been elected President of the Republic of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and without regard to any previous affiliation with any political party, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
1A. Oath of Office of Person Exercising Functions of Office of President
I, ………………………………………………………………………………….., *Chairman of the Council of Presidential Advisers/Speaker of Parliament, *being required by/having been appointed under the Constitution of the Republic of Singapore to exercise the functions of the office of President, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
* Delete where inapplicable.

2. Oath of Allegiance
I, ……………………………………………………………………………….., having been appointed to the office of ……………………………………………………………………., do solemnly swear (or affirm) that I will bear true faith and allegiance to the Republic of Singapore and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
3. Oath as Member of Parliament
I, ……………………………………………………………………………………….., having been elected as a Member of the Parliament of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the Republic of Singapore, and that I will preserve, protect and defend the Constitution of the Republic of Singapore.
4. Oath for due execution of Office of Prime Minister
I, ………………………………………………………….., being chosen and appointed as Prime Minister of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as Prime Minister according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.
4A. Oath for due execution of Office of Minister or Parliamentary Secretary
I, ………………………………………………………., being chosen and appointed as *Minister/Parliamentary Secretary of Singapore, do solemnly swear (or affirm) that I will at all times faithfully discharge my duties as *Minister/Parliamentary Secretary according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will.
5. Oath for the due execution of the Office of Chairman or other Member of the Public Service Commission
I, ……………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Public Service Commission do solemnly swear (or affirm) that I will freely and without fear or favour, affection or ill-will, give my counsel and advice in connection with all matters that may be referred to the Public Service Commission and that I will not, directly or indirectly, reveal any such matters to any unauthorised person or otherwise than in the course of duty.
* Delete where inapplicable.

6. Oath of Office of Chief Justice, a Judge of the Supreme Court and a Judicial Commissioner and a Senior Judge of the Supreme Court
[Act 39 of 2014 wef 01/01/2015]
I, ………………………………………………………………………………………., having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the Constitution of the Republic of Singapore.
6A. Oath of Office of International Judge of the Supreme Court
[Act 39 of 2014 wef 01/01/2015]
I, ………………………………………………………………………………………, having been appointed to the office of ……………………………………………………………., do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability.
[Act 39 of 2014 wef 01/01/2015]
7. Oath of Secrecy of Chairman or Member of the Presidential Council for Minority Rights
I, ……………………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Presidential Council for Minority Rights, do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Presidential Council for Minority Rights to any unauthorised person or otherwise than in the course of duty.
* Delete where inapplicable.

8. Oath of Secrecy of Chairman or Member of Council of Presidential Advisers
I, ……………………………………………………………………………………….., having been appointed to be *Chairman/a Member of the Council of Presidential Advisers do solemnly swear (or affirm) that I will not, directly or indirectly, reveal any matter considered in the Council to any unauthorised person or otherwise than in the course of duty.
*Delete where inapplicable.

SECOND SCHEDULE
(Articles 122 (2); 126 (1) and (3) and 127 (4))

OATH OF RENUNCIATION, ALLEGIANCE AND LOYALTY
I, ………………………………………………………………………., do solemnly swear (or affirm) that I will not exercise the rights, powers and privileges to which I may be entitled by reason of any foreign nationality or citizenship, and that I absolutely and entirely renounce all loyalty to any foreign Sovereign or State or Country and, I, …………………………………………………………………………….., do further solemnly swear (or affirm) that I will be faithful and bear true allegiance to the Republic of Singapore, and that I will observe the laws and be a true, loyal and faithful citizen of Singapore.
THIRD SCHEDULE
(Article 140)

CITIZENSHIP
Minister to exercise functions of Government in respect of citizenship
1. The functions of the Government under Part X shall be exercised by such Minister as the President may, from time to time, direct and references in this Schedule to the Minister shall be construed accordingly.
Decision not subject to appeal
2. A decision of the Government under Part X shall not be subject to appeal or review in any court.
Delegation of Minister’s functions to public officer and right of appeal to Minister against public officer’s decision
3. The Minister may delegate to any public officer of the Government any of his functions under Part X or under this Schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under clauses (1), (2), (3) (b), (6) and (7) of Article 129 or Article 132, any of his functions under Article 133 prior to determining whether to make such an order; but any person aggrieved by the decision of a public officer to whom the functions of the Minister are so delegated may appeal to the Minister.
Power to make rules
4. The Minister may make rules and prescribe forms for the purpose of the exercise of his functions under Part X and of this Schedule and, in particular, may provide for the circumstances (including cases of persons ordinarily resident outside Singapore) under which a committee of inquiry under Article 133 is to proceed by way of written representations.
Extension of time for registration of birth
5. The power of the Government under Articles 122 and 141 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.
How notice to be given
6. Any notice to be given by the Minister to any person under Article 133(1) may be sent to that person at his last known address or, in the case of a person under the age of 18 years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.
Registers to be maintained
7. It shall be the duty of the Minister to compile and maintain —
(a) a register of citizens of Singapore by registration;
(b) a register of citizens of Singapore by naturalisation;
(c) a register of persons to whom certificates of citizenship of Singapore have been issued under Article 138;
(d) a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of Part X;
(e) a register of citizens of Singapore who have renounced citizenship;
(f) a register of persons enrolled as citizens before the commencement of this Constitution under Article 56* of the Constitution of the State of Singapore;
* Article 56 of the Constitution of the State of Singapore (G.N. Sp. No. S 1/63) was repealed by G.N. No. S 50/66, with effect from 9th August 1965.

(g) a register of persons whose enrolment has been cancelled under the provisions of this Constitution;
(h) an alphabetical index of all persons referred to in paragraphs (a) to (g); and
(i) a register of persons who have been conferred citizenship under Article 121(3).

Minister may correct any register where necessary
8. If the Minister has reason to believe that an error appears in any register compiled under section 7, he shall, after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration to the register as appears to the Minister to be necessary to correct the error.
Conclusive evidence
9. Subject to section 8, the said register shall be conclusive evidence of the matters therein contained.
Offences
10.—(1) It shall be an offence punishable with imprisonment for 2 years or a fine of $1,000 or both for any person —
(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any application under Part X;
(b) to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered;
(c) to fail to comply with any requirement imposed upon him by any rules made under section 4 with respect to the delivering up of certificates; or
(d) to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly granted.
(2) In this section, “certificate” means —
(a) any certificate of enrolment or registration as a citizen granted under Article 56* of the Constitution of the State of Singapore or under Article 123 or 124;
* Article 56 of the Constitution of the State of Singapore (G.N. Sp. No. S 1/63) was repealed by G.N. No. S 50/66, with effect from 9th August 1965.

(b) any certificate of registration of birth granted under Article 122 or 140;
(c) any certificate of registration or naturalisation granted under the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957);
(d) any certificate of citizenship granted under the Singapore Citizenship Ordinance 1957 or Article 138.

Persons born on ships or aircraft
11. For the purposes of Part X, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
Posthumous children
12.—(1) A reference in Part X to the status or description of a parent of a person at the time of the person’s birth shall, in the case of a parent who died before the birth of the person, be read as a reference to the status or description of the parent at the time of the parent’s death.
(2) Where the death of a parent of a person occurred before and the birth of the person occurred on or after 16th September 1963, the status or description that would have been applicable to the parent by virtue of subsection (1) if the parent had died after that date shall be deemed to be the status or description applicable to the parent at the time of the parent’s death.

Foundlings
13. Any new born child found exposed in Singapore of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to be a citizen of Singapore by birth; and the date of finding shall be taken to be the date of birth of such child.
Citizenship at birth
14. For the purposes of Part X, a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to the proviso to Article 122(1) or otherwise.
Illegitimate children and adopted children
15.—(1) For the purposes of Part X, references to a person’s father or to his parent or to one of his parents shall, in relation to a person who is illegitimate, be construed as references to his mother.
[12/2004 wef 15/05/2004]
(2) In relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in Singapore, references to a person’s father or to his parent or to one of his parents shall be construed as references to the adopter.

Periods of absence to be treated as periods of residence
16. In calculating for the purposes of Part X, a period of residence in Singapore —
(a) a period of absence from Singapore of less than 12 months in the aggregate; and
[12/2004 wef 15/05/2004]
(b) a period of absence from Singapore exceeding 12 months in the aggregate for any cause generally or specially approved by the Government,
[12/2004 wef 15/05/2004]
may be treated as residence in Singapore and a person shall be deemed to be resident in Singapore on a particular day if he had been resident in Singapore before that day and that day is included in any such period of absence as aforesaid.

Certain period of residence not to be taken into account
17. In calculating for the purposes of Part X any period of residence in Singapore, no account shall be taken —
(a) of any period of residence in Singapore whilst a person was or was the member of the family of —
(i) a person recruited outside Singapore serving on full pay in any naval, military or air force other than the naval, military or air force of Singapore; or
(ii) a person recruited outside Singapore serving in a civil capacity in any department of any government operating in Singapore other than a department of the Government;

(b) of any period during which a person was not lawfully resident in Singapore;
(c) of any period spent as an inmate of any prison or as a person detained in lawful custody in any place other than a mental hospital or an approved institution for the purpose of the treatment and rehabilitation of drug addicts under the provisions of any written law; or
(d) except with the consent of the Minister, of any period during which a person is allowed to remain temporarily in Singapore under the authority of any Pass issued under the provisions of any written law relating to immigration.

Discretion of Minister
18.—(1) The Minister shall not be required to assign any reason for the grant or refusal of any application under Part X the decision on which is at his discretion; and the decision of the Minister on any such application shall be final.
(2) [Deleted by Act 9/2010 wef 01/07/2010]

FOURTH SCHEDULE
(Article 39 (1) (c) and 44 (1))

APPOINTMENT OF NOMINATED MEMBERS OF PARLIAMENT
1.—(1) [Deleted by Act 9/2010 wef 01/07/2010]
(2) Subject to the provisions of this Constitution, the President shall, within 6 months after Parliament first sits after any General Election, appoint as nominated Members of Parliament the persons nominated by a Special Select Committee of Parliament.
[9/2010 wef 01/07/2010]
(3) The Special Select Committee of Parliament shall consist of the Speaker as Chairman and 7 Members of Parliament to be nominated by the Committee of Selection of Parliament.
(4) Subject to Article 46, every person appointed as a nominated Member of Parliament shall serve for a term of 2 1/2 years commencing on the date of his appointment.
[24/2002 wef 30/09/2002]
(5) The President shall, if advised by the Special Select Committee of Parliament, extend the term of service of every nominated Member of Parliament appointed before the date of commencement of section 4(a) of the Constitution of the Republic of Singapore (Amendment) Act 2002 for a further period of 6 months so that the total period of any such nominated Member’s term of service shall be 2 1/2 years commencing from the date of his original appointment as such.

2.—(1) In preparing the list of persons to be appointed as nominated Members of Parliament by the President, the Special Select Committee shall invite the general public to submit names of persons who may be considered for nomination by the Committee.
(2) Every name submitted under subsection (1) shall be made in such form as the Special Select Committee may determine, and shall be signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons, all of whose names shall appear in any current register of electors.
(3) Before making any nomination for the appointment of nominated Members of Parliament, the Special Select Committee shall, wherever possible, consult other Members of Parliament in such manner as it thinks fit.

3.—(1) The Special Select Committee shall, from the names of persons submitted to the Committee under section 2, nominate not more than 9 persons for appointment by the President as nominated Members of Parliament.
(2) The persons to be nominated shall be persons who have rendered distinguished public service, or who have brought honour to the Republic, or who have distinguished themselves in the field of arts and letters, culture, the sciences, business, industry, the professions, social or community service or the labour movement; and in making any nomination, the Special Select Committee shall have regard to the need for nominated Members to reflect as wide a range of independent and non-partisan views as possible.

4.—(1) Whenever the seat of a nominated Member has become vacant by reason of the expiry of his term of service, the vacancy shall, as soon as practicable, be filled by the President by making an appointment on the nomination of the Special Select Committee referred to in section 1.
(2) Whenever the seat of a nominated Member has become vacant for any reason other than a dissolution of Parliament or the expiry of his term of service, the Special Select Committee may, if it thinks fit, nominate a person for the President to appoint as a nominated Member to fill the vacancy.

5. As soon as practicable after 10th September 1990, the President shall on the nomination of the Special Select Committee appoint not more than 6 persons as nominated Members of Parliament.
6. Where under section 3 the Special Select Committee has nominated less than 9 persons for appointment by the President as nominated Members, the Committee may, if it thinks fit, from time to time nominate one or more persons for the President to appoint as nominated Members but the number of persons so nominated together with the number of persons already nominated under section 3 shall not exceed 9.
7. Sections 2 and 3(2) shall apply to any nomination made by the Special Select Committee under section 4, 5 or 6; and for the purpose of section 4(1) the Committee may invite the general public to submit names of persons who may be considered for nomination by the Committee before the seat of the nominated Member has become vacant.

FIFTH SCHEDULE
(Articles 22A and 22C)
KEY STATUTORY BOARDS AND GOVERNMENT COMPANIES
PART I
1. [Deleted by Act 24 of 2002 wef 01/10/2002]
2. Central Provident Fund Board.
3. Housing and Development Board.
4. Jurong Town Corporation.
5. Monetary Authority of Singapore.
PART II
1. GIC Private Limited.
2. [Deleted by Act 28 of 2016 wef 01/04/2017]
3. Temasek Holdings (Private) Limited.