Article 68-75 Constitution of Singapore 1963
Article 68, 69, 70, 71, 72, 73, 74, 75 of the Constitution of Singapore 1963, among others, are under Part VII of the Constitution. Part VII is titled The Presidential Council for Minority Rights.
Article 68 Singapore Constitution 1963
Interpretation of this Part
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.
Article 69 Singapore Constitution 1963
Establishment of Presidential Council for Minority Rights
(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
(b) not more than 20 members.
(1A) Up to 10 members may be permanent members appointed for life.
(1B) Unless appointed for life, a member shall be appointed for a period of 3 years.
(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.
Article 70 Singapore Constitution 1963
Temporary appointment during incapacity of member
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.
Article 71 Singapore Constitution 1963
Qualifications of members
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.
Article 72 Singapore Constitution 1963
Disqualifications of members
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.
Article 73 Singapore Constitution 1963
Termination of membership
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.
Article 74 Singapore Constitution 1963
Determination of questions as to membership
(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 Supreme Court Judge 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.
Article 75 Singapore Constitution 1963
Oaths of Allegiance and Secrecy
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 7 in the First Schedule.
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