3. The Constitution is amended by inserting, immediately after Article 5, the following Article:“President may withhold assent to certain constitutional amendments |
5A.—(1) Subject to Part III, the President may, acting in his discretion, in writing withhold his assent to any Bill seeking to amend this Constitution (other than a Bill referred to in Article 5(2A)), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.(2) The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (whether before or after his assent has been withheld to a Bill pursuant to clause (1)), refer to a tribunal for its opinion the question whether the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article 100 shall apply, with the necessary modifications, to that reference. |
(3) Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court. |
(4) Where the tribunal is of the opinion that the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, and the President either has withheld or withholds his assent to the Bill pursuant to clause (1), the Prime Minister may at any time direct that the Bill be submitted to the electors for a national referendum. |
(5) If the Bill referred to in clause (4) is supported at the national referendum by not less than two-thirds of the total number of votes cast by electors registered under the Parliamentary Elections Act [Cap. 218], the President shall be deemed to have assented to the Bill on the day immediately after the publication in the Gazette of the results of the national referendum. |
(6) For the purposes of this Article, where, on the expiration of 30 days after a Bill has been presented to the President for his assent, the President has neither signified the withholding of his assent to the Bill nor referred the Bill to a tribunal pursuant to Article 100, the President shall be deemed to have assented to the Bill on the day immediately following the expiration of the said 30 days.”. |
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