Singapore is an Asian island country located on the shores of the South China sea. The population of this country is approx 60,40,000 with 735 square kilometers area. Ethnically there are 74.3% Chinese, 13.5% Malay, 9.0% Indian, 3.2% other people. Official languages are English, Malay, Mandarin, Tamil. By Religion, Singapore has 31.1% Buddhists, 18.9% Christian, 15.6% Muslim, 8.8% Tao, 5.0% Hindu with 0.6% other, and 20.0% non-believer.
The President, on the advice of the Cabinet, may pardon an accomplice in any crime, provided that - if the accomplice provides information which leads to the arrest and conviction of the principal offender, or several principal offenders.
According to Article 12, "The law is equal for all, regardless of religion, caste, descent, place of birth, etc." However, Singapore is able to assign specific responsibilities to specific individuals in special circumstances, for example, Imams in Mosques and Purohit in Mondirs.
These are positive aspects. Now let's discuss the negative aspects.
According to Article 12, "The law is equal for all, regardless of religion, caste, descent, place of birth, etc." However, Singapore is able to enact separate laws according to religious differences, especially in matters of marriage, divorce, property inheritance, etc. This system is contrary to the principle of "one country, one law".
Article 19B ensures If anyone from a particular racial community (Malay, Chinese, or Indian/other minorities) has not been elected President for five consecutive terms, then the next Presidential election is reserved for candidates from that community. Article 39A ensures that Singapore’s Parliament includes a special type of electoral division called a GRC, where teams of candidates (not individuals) contest elections — and each team must include at least one member from a minority racial group (like Malay, Indian, or others). According to Article 77, there is a Council which examines all Bills and subsidiary legislation (i.e., laws and rules) after they are passed by Parliament but before they become law to protect minorities. It's an external parallel body with Parliament. It means Singapore people don't believe Parliamentarians fully. According to 153A, there are 4 official languages. Whole concept is a mess, and being used for dirty politics. People are not becoming the "Citizen of Singapore", instead they remain Chinese, Malay, Muslim, Tamil etc. Apart from these few groups, are there no other minorities? If a Chinese person marries a Malay, which community do their children belong to? What if someone leaves Hinduism and becomes Muslim, or leaves Islam and becomes Hindu?
The President of Singapore is chosen for a six-year term. Only a few people meet the strict rules needed to become a candidate. Candidates must be at least 45 years old, and not belong to any political party. Candidates also need to have either worked in a top public role (like a Minister or a senior government officer) for at least three years, or led a private company with at least S$500 million in shareholders' equity for three years, and the company must have been profitable during that time.
Admirable Articles of Singapore's Constitution
10. Slavery and forced labour prohibited
● No person shall be held in slavery.
● All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
● Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.
11. Protection against retrospective criminal laws and repeated trials
● No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
● A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.
12. Equal protection (Part of it)
● All persons are equal before the law and entitled to the equal protection of the law.
● Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
● This Article does not invalidate or prohibit—
● any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.
15. Freedom of religion
● Every person has the right to profess and practise his religion and to propagate it.
● No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
● Every religious group has the right—
● to manage its own religious affairs;
● to establish and maintain institutions for religious or charitable purposes; and
● to acquire and own property and hold and administer it in accordance with law.
● This Article does not authorise any act contrary to any general law relating to public order, public health or morality.
22P. Grant of pardon, etc
● The President, as occasion shall arise, may, on the advice of the Cabinet—
● grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
● grant to any offender convicted of any offence in any court in Singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
● remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.
● Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney-General with instructions that, after the Attorney-General has given his opinion thereon, the reports shall be sent, together with the Attorney-General's opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1).
47. Provision against double membership
A person shall not be at the same time a Member of Parliament for more than one constituency.
Facts of Singapore's Constitution
12. Equal protection (Part of it)
● All persons are equal before the law and entitled to the equal protection of the law.
● Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
● This Article does not invalidate or prohibit—
● any provision regulating personal law;
19. Qualifications and disabilities of President
1. No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
2. A person shall be qualified to be elected as President if he—
a. is a citizen of Singapore;
b. is not less than 45 years of age;
c. possesses the qualifications specified in Article 44 (2) (c) and (d);
d. is not subject to any of the disqualifications specified in Article 45;
e. satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
f. is not a member of any political party on the date of his nomination for election; and
g. satisfies the Presidential Elections Committee that —
i. he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and
ii. the period of service counted for the purposes of clause (3)(a), (b) or (c)(i) or (4)(a)(i) or (b)(i) or each of the 2 periods of service counted for the purposes of clause (3)(d) or (4)(c), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election.
3. The public sector service requirement is that the person has —
a. held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
b. served for a period of 3 or more years as the chief executive of an entity specified in the Fifth Schedule;
c. satisfied the following criteria:
i. the person has served for a period of 3 or more years in an office in the public sector;
ii. the Presidential Elections Committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph (a) or (b); and
iii. the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
d. held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph (a), (b) or (c) and a second period of one or more years in an office mentioned in paragraph (a), (b) or (c), and the 2 periods add up to 3 or more years.
4. The private sector service requirement is that the person has —
a. served as the chief executive of a company and —
i. the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length;
ii. the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3-year period of service as chief executive;
iii. the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and
iv. if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until —
1. the date falling 3 years after that day; or
2. the date of the writ of election,
v. whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election;
b. satisfied the following criteria:
i. the person has served for a period of 3 or more years in an office in a private sector organisation;
ii. the Presidential Elections Committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph (a) in relation to such service; and
iii. the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or
c. subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph (a) or (b) and a second period of one or more years in an office mentioned in paragraph (a) or (b), and the 2 periods add up to 3 or more years.
5. If a person proposes to rely on clause (4)(a) for one or both periods of service under clause (4)(c), the following provisions apply:
a. if the person proposes to rely on one period of service as the chief executive of a company —
i. instead of clause (4)(a)(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year);
ii. instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and
iii. clause (4)(a)(iii) and (iv) applies without modification in relation to the company;
b. if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company —
i. instead of clause (4)(a)(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year);
ii. instead of clause (4)(a)(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and
iii. clause (4)(a)(iii) and (iv) applies without modification in relation to each company;
c. if the person proposes to rely on 2 periods of service as the chief executive of one company —
i. instead of clause (4)(a)(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year);
ii. instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and
iii. clause (4)(a)(iii) and (iv) applies without modification in relation to the company.
6. The Legislature may, by law —
a. specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii);
b. specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of clause (4)(a)(iii); and
c. prescribe what constitutes an insolvency event for the purposes of clause (4)(a)(iv).
7. The minimum amount mentioned in clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) is $500 million and this amount can be increased if —
a. a committee consisting of all the members of the Presidential Elections Committee presents to Parliament a recommendation that the amount be increased; and
b. Parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent.
8. A resolution under clause (7)(b) cannot be passed —
a. when the office of President is vacant; or
b. during the 6 months before the date on which the term of office of an incumbent President expires.
9. The committee mentioned in clause (7)(a) —
a. may regulate its own procedure and make rules for that purpose;
b. may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7(b) of the Constitution of the Republic of Singapore (Amendment) Act 2016), review the minimum amount of shareholders’ equity required under clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); and
c. must present a report of its conclusions to Parliament (even if it does not recommend an increase).
10. In clauses (3), (4) and (5), unless the context otherwise requires —
a. “chief executive”, in relation to an entity or
organisation, means the most senior executive (however named) in that
entity or organisation, who is principally responsible for the
management and conduct of the entity’s or organisation’s business and
operations;
“company” means a company limited by shares and
incorporated or registered in Singapore under the general law relating
to companies;
“period” means continuous period.
19B. Reserved election for community that has not held office of President for 5 or more consecutive terms
1. An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President.
2. A person is qualified to be elected as President —
a. in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in Article 19;
b. in an election reserved for 2 communities under clause (1) —
i. only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greater number of consecutive terms of office immediately before the election; or
ii. if no person qualifies under sub‑paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the other community for which the election is reserved; and
c. in an election reserved for all 3 communities under clause (1) —
i. only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greatest number of consecutive terms of office immediately before the election;
ii. if no person qualifies under sub‑paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the next greatest number of consecutive terms of office immediately before the election; or
iii. if no person qualifies under sub‑paragraph (i) or (ii), only if the person satisfies the requirements in Article 19 and belongs to the remaining community.
3. For the purposes of this Article, a person who exercises the functions of the President under Article 22N or 22O is not considered to have held the office of President.
4. The Legislature may, by law —
a. provide for the establishment of one or more committees to decide, for the purposes of this Article, whether a person belongs to the Chinese community, the Malay community or the Indian or other minority communities;
b. prescribe the procedure by which a committee under paragraph (a) decides whether a person belongs to a community;
c. provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as President if, in a reserved election, no person who qualifies to be elected as President under clause (2)(a), (b) or (c) (as the case may be) is nominated as a candidate for election as President; and
d. make such provisions the Legislature considers necessary or expedient to give effect to this Article.
5. No provision of any law made pursuant to this Article is invalid on the ground of inconsistency with Article 12 or is considered to be a differentiating measure under Article 78.
6. In this Article —
a. “community” means —
“person belonging to
the Chinese community” means any person who considers himself to be a
member of the Chinese community and who is generally accepted as a
member of the Chinese community by that community;
“person
belonging to the Malay community” means any person, whether of the Malay
race or otherwise, who considers himself to be a member of the Malay
community and who is generally accepted as a member of the Malay
community by that community;
“person belonging to the Indian
or other minority communities” means any person of Indian origin who
considers himself to be a member of the Indian community and who is
generally accepted as a member of the Indian community by that
community, or any person who belongs to any minority community other
than the Malay or Indian community;
“term of office” includes an uncompleted term of office.
39. Parliament
● Parliament shall consist of—
● such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature;
● such other Members, not exceeding 12 in number, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government; and
● such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the President in accordance with the provisions of the Fourth Schedule.
● A nominated Member shall not vote in Parliament on any motion pertaining to—
● a Bill to amend the Constitution;
● a Supply Bill, Supplementary Supply Bill or Final Supply Bill;
● a Money Bill as defined in Article 68;
● a vote of no confidence in the Government;
● removing the President from office under Article 22L; and
● any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision.
● In this Article and in Articles 39A and 47, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections.
● If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Chapter 2 of Part V and of Article 46.
39A. Group representation constituencies (Part of it)
● The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for—
○ any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and
○ the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause(2).
● Any law made under clause (1) shall provide for—
○ the President to designate every group representation constituency—
● as a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or
● as a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities;
○ the establishment of—
● a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and
● a committee to determine whether a person desiring to be a candidate belongs to the Indian or other minority communities,
○ for the purpose of any election in group representation constituencies;
○ all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group;
○ the minimum and maximum number of Members to be returned by all group representation constituencies at a general election; and
○ the number of group representation constituencies to be designated under paragraph (a) (i).
46. Tenure of office of Members (Part of it)
● Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.
● The seat of a Member of Parliament shall become vacant—
● if he ceases to be a citizen of Singapore;
● if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;
● if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
● if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
● if he becomes subject to any of the disqualifications specified in Article 45;
● if he is expelled from Parliament in the exercise of its power of expulsion; or
● if being a nominated Member, his term of service as such a Member expires.
50. Penalty for unqualified persons sitting or voting in Parliament
● Any person who sits or votes in Parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes.
● The said penalty shall be recoverable by action in the High Court at the suit of the Attorney-General.
76. General function of Council
● It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government.
● A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister.
77. Functions of Council in respect of Bills and subsidiary legislation
It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is, in the opinion of the Council, a differentiating measure.
152. Minorities and special position of Malays
● It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.
● The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.
153. Muslim religion
The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.
153A. Official languages and national language
● Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore.
● The national language shall be the Malay language and shall be in the Roman script:
Provided that—
● no person shall be prohibited or prevented from using or from teaching or learning any other language; and
● nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Singapore.
