Constitution of the Republic of Singapore - Singapore Statutes Online

Chapter 2 — The Executive

Executive authority of Singapore

23.—(1) The executive authority of Singapore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.

(2) The Legislature may by law confer executive functions on other persons.

Cabinet

24.—(1) There shall be in and for Singapore a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article 25.

(2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.

Appointment of Prime Minister and Ministers

25.—(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:

Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.

(2) Appointments under this Article shall be made by the President by instrument under the public seal.

Tenure of office of Prime Minister and Ministers

26.—(1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant —

(a)

if the Prime Minister resigns his office by writing under his hand addressed to the President; or

(b)

if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament:

Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration.

(2) A Minister, other than the Prime Minister, shall vacate his office —

(a)	if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or
(b)	if he resigns his office by writing under his hand addressed to the President.

(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.

(4) (a) Whenever the Prime Minister is ill or absent from Singapore or has been granted leave of absence from his duties under Article 32, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorised by the President, by instrument under the public seal, in that behalf.

(b) The President may, by instrument under the public seal, revoke any authority given under this clause.

(c) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.

Oath

27. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule.

Summoning of and presiding in Cabinet

28.—(1) The Cabinet shall not be summoned except by the authority of the Prime Minister.

(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.

Validity of proceedings in Cabinet

29. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.

Assignment of responsibility to Ministers

30.—(1) The Prime Minister may, by directions in writing —

(a)	charge any Minister with responsibility for any department or subject; and
(b)	revoke or vary any directions given under this clause.

(2) The Prime Minister may retain in his charge any department or subject.

Parliamentary Secretaries

31.—(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.

Leave of absence for Ministers and Parliamentary Secretaries

32. 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.

Disabilities of Ministers and Parliamentary Secretaries

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

Ministers may perform foreign and international roles in private capacity if national interest requires

33A.—(1) A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —

(a)	the Minister is not disabled by Article 33 from performing the functions of that office; and
(b)	the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so.

(2) The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister.

(3) A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister.

(4) A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.

[Act 35 of 2023 wef 24/11/2023]

Permanent Secretaries

34.—(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.

Attorney-General

35.—(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.

[38/2019]

(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.

[38/2019]

(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. [39/2014]

(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.

[39/2014]

(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.

Deputy Attorneys-General

35A.—(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.

[39/2014]

(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.

[39/2014]

(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.

[39/2014]

(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.

[39/2014]

(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.

[39/2014]

(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. [39/2014]

(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.

[39/2014]

(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).

[39/2014]

(9) A Deputy Attorney‑General may be removed from office by the President on the advice of the Prime Minister.

[39/2014]

(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. [39/2014; 38/2019]

(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. [39/2014]

(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.

[39/2014]

(13) The tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose.

[39/2014]

(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.

[39/2014]

Secretary to Cabinet

36.—(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.

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