Constitution of the Republic of Singapore - Singapore Statutes Online

Vacation of and removal from office of President

22L.—(1) The office of President shall become vacant —

(a)	upon the death of the President;
(aa)	if the President ceases to be a citizen of Singapore;
(b)	if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c)	if the President is removed from office in accordance with clauses (3) to (7);
(d)	if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President; or
(e)	if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President. [28/2016]

(2) [Deleted by Act 17 of 1994]

(3) The Prime Minister or not less than one-quarter of the total number of Members of Parliament (excluding nominated Members) may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —

(a)	intentional violation of the Constitution;
(b)	treason;
(c)	misconduct or corruption involving the abuse of the powers of his office;
(d)	any offence involving fraud, dishonesty or moral turpitude; or
(e)	intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the Presidential Elections Committee for the purpose of demonstrating his eligibility to be elected as President,

and setting out full particulars of the allegations made and seeking an inquiry and report thereon.

[28/2016]

(4) Where the motion referred to in clause (3) has been adopted by not less than half of the total number of Members of Parliament (excluding nominated Members), the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.

[28/2016]

(5) A tribunal appointed by the Chief Justice shall consist of not less than 5 Supreme Court Judges of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.

[38/2019]

(6) A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.

(7) Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three‑quarters of the total number of Members of Parliament (excluding nominated Members) remove the President from office.

[28/2016]

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.

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