Article 31-37 Singapore Constitution 1963

08 Feb, 2022 Singapore, Singapore Constitution 1963 0 Comments 0

Article 1-2 (Preliminary) Article 3-5 (The Republic and the Constitution) Article 6-8 Article 9-10 Article 11-12 Article 13-14 Article 15-16 Article 17-20 Article 21-22G Article 22H-22P Article 23-30 (The Executive) Article 31-37 Article 37A-37H (Council of Presidential Advisers) Article 37I-37IG Article 37J-37M Article 38-45 (The Legislature) Article 46-54 Article 55-62 Article 63-67 Article 68-75 (The Presidential Council for Minority Rights) Article 76-84 Article 85-92 Article 93-96 (The Judiciary) Article 97-101 Article 102-104 (The Public Service – General Provisions) Article 105-111A (The Public Service Commission) Article 111B-111I (The Judicial Service Commission) Article 111J-111Q (The Legal Service Commission) Article 112-119 (Supplementary Provisions) Article 120-127 (Citizenship) Article 128-135 Article 136-141 Article 142-148 (Financial Provisions) Article 148A-148I Article 149-151A Article 152-156 Article 157-166 (Transitional Provisions) First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule

Article 31-37 Constitution of Singapore 1963

Table of Contents

Article 31, 32, 33, 34, 35, 36, 37, among others, are under Chapter 2 (The Executive) and Chapter 3 (Capacity as regards property, contracts and suits) of Part V of the Constitution of Singapore 1963. Part V is titled The Government.

Article 31 Singapore Constitution 1963

Parliamentary Secretaries

(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.

Article 32 Singapore Constitution 1963

Leave of absence for Ministers and Parliamentary Secretaries

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.

Article 33 Singapore Constitution 1963

Disabilities of Ministers and Parliamentary Secretaries

A member of the Cabinet or Parliamentary Secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Article 34 Singapore Constitution 1963

Permanent Secretaries

(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.

Article 35 Singapore Constitution 1963

Attorney-General

(1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Supreme Court Judge.

(2) When it is necessary to make an appointment to the office of Attorney‑General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney‑General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.

(3) The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.

(4) The Attorney‑General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:
Provided that —
(a) he may at any time resign his office by writing under his hand addressed to the President; and
(b) the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney‑General and the Government.

(5) Nothing done by the Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.

(6) (a) The Attorney‑General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney‑General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice.
(b) The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.

(7) It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.

(8) The Attorney‑General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.

(9) In the performance of his duties, the Attorney‑General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Singapore.

(10) The Attorney‑General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund.

(11) Subject to this Article, the terms of service of the Attorney‑General shall either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
(b) (in so far as they are not determined by or under any such law) be determined by the President.

(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.

(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.

Article 35A Singapore Constitution 1963

Deputy Attorneys-General

(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 reappointment); 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 Supreme Court Judges nominated for that purpose by the Chief Justice must concur:
(a) the inability of the Deputy Attorney‑General concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause);
(b) any misbehaviour of the Deputy Attorney‑General concerned.

(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.

Article 36 Singapore Constitution 1963

Secretary to Cabinet

(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

Article 37 Singapore Constitution 1963

Capacity of Government as regards property, contracts and suits

(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.

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