Constitution of the Republic of Singapore (Amendment No. 2) Bill

Bill No. 41/1989

Read the first time on 6th October 1989.

An Act to amend the Constitution of the Republic of Singapore.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Constitution of the Republic of Singapore (Amendment No. 2) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of Article 39

2. Article 39 of the Constitution of the Republic of Singapore (referred to in this Act as the Constitution) is amended —

(a)

by deleting the word “and” at the end of paragraph (a) of clause (1);

(b)

by deleting the word “additional” in the first line of paragraph (b) of clause (1);

(c)

by deleting the full-stop at the end of paragraph (b) of clause (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(c)	such other Members not exceeding 6 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.”; and

(d)

by inserting, immediately after the word “Member” in clause (2), the words “or a nominated Member”.

Amendment of Article 44

3. Article 44 of the Constitution is amended —

(a)

by deleting clause (1) and substituting the following clause:

“(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Singapore or appointed in accordance with the provisions of the Fourth Schedule.”; and

(b)

by inserting, immediately after the word “elected” in the first line of clause (2), the words “or appointed”.

Amendment of Article 46

4. Article 46 of the Constitution is amended —

(a)

by inserting, immediately after the word “elected” in clause (1), the words “or appointed”;

(b)

by deleting the word “or” at the end of clause (2)(e);

(c)

by deleting the full-stop at the end of paragraph (f) of clause (2) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(g)	if being a nominated Member, his term of service as such a Member expires.”;

(d)

by inserting, immediately after clause (2), the following clause:

“(2A) A non-constituency Member of Parliament or a nominated Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.”; and

(e)

by inserting, immediately after the word “elected” in clause (3), the words “or appointed”.

New Fourth Schedule

5. The Constitution is amended by inserting, immediately after the Third Schedule, the following Schedule:

“FOURTH SCHEDULE

(Article 39(1)(c))

Appointment of Nominated Members of Parliament

1.—(1) Subject to the provisions of this Constitution, the President shall, within 6 months after Parliament first meets after any general election, appoint as nominated Members of Parliament the persons nominated by a Special Select Committee of Parliament.

(2) The Special Select Committee of Parliament shall consist of the Speaker as Chairman and 7 Members of Parliament to be nominated by the Committee of Selection of Parliament.

(3) Subject to Article 46, every person appointed as a nominated Member of Parliament shall serve for a term of two years commencing on the date of his appointment.

2.—(1) In preparing the list of persons to be appointed as nominated Members of Parliament by the President, the Special Select Committee shall invite the general public to submit names of persons who may be considered for nomination by the Committee.

(2) Every name submitted under subsection (1) shall be made in such form as the Special Select Committee may determine, and shall be signed by two persons as proposer and seconder respectively and by not less than 4 other persons, all of whose names shall appear in any current register of electors.

3. The Special Select Committee shall, from the names of persons submitted to the Committee under section 2, nominate not more than 6 persons for appointment by the President as nominated Members of Parliament.

4.—(1) Whenever the seat of a nominated Member has become vacant by reason of the expiry of his term of service, the vacancy shall, as soon as practicable, be filled by the President by making an appointment on the nomination of the Special Select Committee referred to in section 1.

(2) Whenever the seat of a nominated Member has become vacant for any reason other than a dissolution of Parliament or the expiry of his term of service, the Special Select Committee may, if it thinks fit, nominate a person for the President to appoint as a nominated Member to fill the vacancy.

5. As soon as practicable after the commencement of the Constitution of the Republic of Singapore (Amendment No. 2) Act 1989, the President shall on the nomination of the Special Select Committee appoint not more than 6 persons as nominated Members of Parliament.

6. Where under section 3 or 5 the Special Select Committee has nominated less than 6 persons for appointment by the President as nominated Members, the Committee may, if it thinks fit, from time to time nominate one or more persons for the President to appoint as nominated Members but the number of persons so nominated together with the number of persons already nominated under section 3 or 5 shall not exceed 6.

7. Section 2 shall apply to any nomination made by the Special Select Committee under section 4, 5 or 6; and for the purpose of section 4(1) the Committee may invite the general public to submit names of persons who may be considered for nomination by the Committee before the seat of the nominated Member has become vacant.”.

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