Article 111B-111I Singapore Constitution 1963

Article 111B-111I Constitution of Singapore 1963

Article 111B, 111C, 111D, 111E, 111F, 111G, 111H, 111I of the Constitution of Singapore 1963 are under Chapter 3 (The Judicial Service Commission) of Part IX of the Constitution. Part IX is titled The Public Service.

Article 111B Singapore Constitution 1963

Judicial Service Commission

(1) A Judicial Service Commission is established.

(2) The Commission consists of —
(a) the Chief Justice (as President);
(b) the Chairman of the Public Service Commission (as Vice‑President); and
(c) the following other members:
(i) up to 2 members appointed by the President on the advice of the Chief Justice;
(ii) up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;
(iii) up to 2 members appointed by the President on the advice of the Prime Minister.

(3) For the purposes of clause (2)(c) —
(a) the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and
(b) the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:
(i) a qualified person within the meaning of section 2(1) of the Legal Profession Act;
(ii) an officer in the Singapore Judicial Service;
(iii) an officer in the Singapore Legal Service.

See also  Article 63-67 Singapore Constitution 1963

(4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Article 111C Singapore Constitution 1963

Disqualification for appointment to Commission

A person must not be appointed as a member under Article 111B(2)(c) if the person is, and ceases to be an appointed member if the person 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 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.

Article 111D Singapore Constitution 1963

Tenure of office of appointed members

(1) Subject to this Article and Article 111C, an appointed member —
(a) is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and
(b) is eligible for reappointment.

(2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.

(3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —
(a) inability to discharge the functions of the appointed member’s office; or
(b) misbehaviour,
the President must —
(c) refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and
(d) remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Article 111E Singapore Constitution 1963

Terms of service of appointed members, etc.

See also  Article 55-62 Singapore Constitution 1963

(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.

(2) Subject to the provisions of this Constitution, the terms of service of an appointed member are —
(a) to be prescribed in regulations made by the President and published in the Gazette; or
(b) to be determined by the President insofar as they are not determined by or under any such law.

(3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.

(4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Article 111F Singapore Constitution 1963

Functions

(1) Subject to clause (2), the Commission —
(a) has jurisdiction over all officers in the Singapore Judicial Service; and
(b) has the following functions and powers in relation to those officers:
(i) appointment;
(ii) confirmation;
(iii) emplacement on the permanent establishment;
(iv) promotion;
(v) transfer;
(vi) disciplinary control;
(vii) dismissal.

(2) The Commission and the Legal Service Commission may jointly make regulations to —
(a) prescribe one or more posts; and
(b) provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission.

Article 111G Singapore Constitution 1963

Procedure

Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose.

Article 111H Singapore Constitution 1963

Secretary to Commission

(1) There is to be a Secretary to the Commission, who —
(a) must be a person who is a public officer; and
(b) is to be appointed by the President in accordance with the advice of the Commission.

(2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —
(a) arranging the business for, and keeping the minutes of, the meetings of the Commission; and
(b) conveying the decisions of the Commission to the appropriate person or authority.

See also  Article 142-148 Singapore Constitution 1963

(3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Article 111I Singapore Constitution 1963

Personnel boards

(1) Subject to the provisions of this Article, the Commission may make regulations to —
(a) establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and
(b) delegate all or any of its functions and powers to a personnel board, whether with or without conditions,
and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.

(2) The Commission must not delegate —
(a) any of its functions or powers relating to disciplinary control or dismissal;
(b) any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and
(c) any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q.

(3) For the purposes of clause (2)(b) —
(a) the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Judicial Service; and
(b) the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).

(4) A personnel board must consist of at least 3 members.

(5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.

(6) Only the following persons may be appointed as members of a personnel board:
(a) a member of the Commission;
(b) a Supreme Court Judge, a Judicial Commissioner or a Senior Judge;
(c) an officer in the Singapore Judicial Service.


See also:

Article 111J-111Q Singapore Constitution 1963

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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