Article 97-101 Singapore Constitution 1963

Article 97-101 Constitution of Singapore 1963

Article 97, 98, 99, 100, 101 of the Constitution of Singapore 1963, among others, are under Part VIII of the Constitution. Part VIII is titled The Judiciary.

Article 97 Singapore Constitution 1963

Oath of Office of Supreme Court Judges, etc.

(1) A person appointed to a high judicial office 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.

(2) Notwithstanding clause (1), a Judicial Commissioner, a Senior Judge or an International Judge 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.

Article 98 Singapore Constitution 1963

Tenure of office and remuneration of Supreme Court Judges, etc.

(1) The office of a Supreme Court Judge must not be abolished during the continuance in office of the Judge.

(1A) Unless he resigns or is removed in accordance with this Article, a Supreme Court Judge appointed under Article 95(1) holds 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.

(2) A person holding high judicial office 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).

(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding high judicial office 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.

(4) The tribunal shall consist of not less than 5 persons who hold or have held office as a Supreme Court Judge, 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 person holding high judicial office, after consulting the Chief Justice, suspend a person holding high judicial office from the exercise of his functions.

(6) The Legislature shall by law provide for the remuneration of the Supreme Court Judges and the remuneration so provided shall be charged on the Consolidated Fund.

(7) Subject to this Article, the Legislature may by law provide for the terms of office of the Supreme Court Judges, other than their remuneration, and may provide that any gratuity payable in respect of service as a Supreme Court Judge shall be charged on the Consolidated Fund.

(8) The remuneration and other terms of office (including any pension or gratuity) of a Supreme Court Judge shall not be altered to his disadvantage after his appointment.

(9) Notwithstanding clause (1A), the validity of anything done by a Supreme Court Judge 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 Supreme Court Judge.

Article 99 Singapore Constitution 1963

Restriction on Parliamentary discussion of conduct of person holding high judicial office

The conduct of a person holding high judicial office 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.

Article 100 Singapore Constitution 1963

Advisory opinion

(1) The President may refer to a tribunal consisting of not less than 3 Supreme Court Judges 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.

Article 101 Singapore Constitution 1963

[Repealed by Act 38 of 2019]

See also:

Article 93-96 Singapore Constitution 1963