Article 37A-37H Constitution of Singapore 1963
Article 37A, 37B, 37C, 37D, 37E, 37F, 37G, 37H, among others, are under Part V(A) of the Constitution of Singapore 1963. Part V(A) is titled Council of Presidential Advisers
Article 37A Singapore Constitution 1963
Interpretation of this Part
In this Part, unless the context otherwise requires —
“Chairman” means the Chairman of the Council;
“Council” means the Council of Presidential Advisers constituted under Article 37B;
“member” means a member of the Council and includes the Chairman and any alternate member appointed under Article 37C.
Article 37B Singapore Constitution 1963
Council of Presidential Advisers
(1) The Council of Presidential Advisers is established and consists of 8 members.
(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.
(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.
(3A) The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council.
(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.
Article 37C Singapore Constitution 1963
Alternate members
(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman.
(2) For the purposes of making an appointment under clause (1), the President —
(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);
(ii) by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or
(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.
(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.
Article 37D Singapore Constitution 1963
Qualifications of members and considerations in appointing members
(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.
(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.
Article 37E Singapore Constitution 1963
Disqualifications of members
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.
Article 37F Singapore Constitution 1963
Termination of membership
(1) The Chairman shall vacate the office of Chairman of the Council when a newly elected President assumes office during the term of appointment of the Chairman.
(2) A member shall vacate his seat in the Council —
(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.
Article 37G Singapore Constitution 1963
Determination of questions as to membership
(1) Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Supreme Court Judge 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.
Article 37H Singapore Constitution 1963
Oaths of Allegiance and Secrecy
(1) Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Supreme Court Judge 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.
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