Singapore

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Candidacy or Holding Office

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Article 17, clause 2 states: 

The President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature.

 

Excerpt from the Constitution of the Republic of Singapore (1963, last amended 2010) 

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Article 2 states: 

(2) Except where this Constitution otherwise provides or where the context otherwise requires —


• (a) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions…

(3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions…

 

Article 18 states: 

(3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf...

(5)  If the member of the Presidential Elections Committee referred to in clause (2)(b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.

 

Article 22L states:

(3) The Prime Minister or not less than one-quarter of the total number of the elected Members of Parliament referred to in Article 39(1)(a) 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…

(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 the elected Members of Parliament referred to in Article 39(1)(a) remove the President from office.

 

Article 22O states: 

(1) If the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person. 

(2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed. (3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.

 

Article 26, clause 4, paragraphc (c) states:

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.

 

Article 35 states:

(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…

(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)…

 

Article 37B, clause 5 states:

Where the Chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the Council for any period —

• (a) he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
• (b) the alternate member selected under Article 37C(3) to act in place of the member referred to in paragraph (a) shall perform that member’s functions during that same period.

 

Article 37C states:

(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(1) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman.

(2) For the purposes of making an appointment under clause (1), the President —

• (a) shall, acting in his discretion, appoint one person as an alternate member; and
• (b) shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member.

(3) Whenever any member appointed under Article 37B(1) (other than the Chairman) —

• (a) is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or
• (b) is appointed under Article 37B(5)(a) to act as the Chairman, an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —
  • (i) by the President, acting in his discretion, if the member concerned is any of the 2 members appointed under Article 37B(1)(a);
  • (ii) by the Prime Minister, if the member concerned is any of the 2 members appointed under Article 37B(1)(b); or
  • (iii) by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is a member appointed under Article 37B(1)(c) or (d), respectively.

(4) A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E.

(5) Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier —

• (a) resigns in writing addressed to the Chairman;
• (b) ceases to be a citizen of Singapore; or
• (c) becomes subject to any disqualification referred to in Article 37E.

(6) The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman, and the alternate member —

• (a) may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and
• (b) while so acting, shall have and may exercise all the powers and duties of that member…

 

Article 37E states: 

A person shall be disqualified for appointment as a member if he —

• (a) is or has been found or declared to be of unsound mind…

 

Article 43 states:

The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.

 

Article 44, clause 2 states:

A person shall be qualified to be elected or appointed as a Member of Parliament if —…

• (e) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and
• (f) he is not disqualified from being a Member of Parliament under Article 45.

 

Article 45, clause 1 states:

Subject to this Article, a person shall not be qualified to be a Member of Parliament who —

• (a) is and has been found or declared to be of unsound mind…

 

Article 46, clause 4 states:

If any Member of Parliament becomes subject to any disqualification…because he is —

• (a) adjudged or otherwise declared a bankrupt;
• (b) adjudged or otherwise declared to be of unsound mind… and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

 

Article 51, clause 4 states:

The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two- thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…

 

Article 70 states:

Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.

 

Article 72 states:

A person shall be disqualified for appointment as a member who —


• (a) is or has been found or declared to be of unsound mind…

 

Article 98, clause 3 states:

If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause…

 

Article 107, clause 2 states:

If the Prime Minister, or the Chairman of the Public Service Commission after consulting with the Prime Minister, represents to the President that a member of the
Public Service Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…

 

Article 111, clause 2D states:

If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2) (d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…the President shall--

• (a) refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and
• (b) remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends.

 

Article 148F, clause 8 states:

The Auditor-General may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor-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 Judges of the Supreme Court nominated for that purpose by the Chief Justice.

 

Excerpts from the Constitution of the Republic of Singapore (1963, last amended 2010) 

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Article 2 states: 

(2) Except where this Constitution otherwise provides or where the context otherwise requires —

• 
(a) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions…

(3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions…

 

Article 18 states: 

(3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf...

(5)  If the member of the Presidential Elections Committee referred to in clause (2)(b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.

 

Article 22L states:

(3) The Prime Minister or not less than one-quarter of the total number of the elected Members of Parliament referred to in Article 39(1)(a) 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…

(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 the elected Members of Parliament referred to in Article 39(1)(a) remove the President from office.

 

Article 22O states: 

(1) If the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person. 

(2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed. (3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.

 

Article 26, clause 4, paragraphc (c) states:

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.

 

Article 35 states:

(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… 

(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)…

 

Article 37B, clause 5 states:

Where the Chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the Council for any period —

• (a) he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
• (b) the alternate member selected under Article 37C(3) to act in place of the member referred to in paragraph (a) shall perform that member’s functions during that same period.

 

Article 37C states:

(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(1) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman. 

(2) For the purposes of making an appointment under clause (1), the President —

• (a) shall, acting in his discretion, appoint one person as an alternate member; and (b) shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member. 

(3) Whenever any member appointed under Article 37B(1) (other than the Chairman) —

• (a) is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or
• (b) is appointed under Article 37B(5)(a) to act as the Chairman, an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —
  • (i) by the President, acting in his discretion, if the member concerned is any of the 2 members appointed under Article 37B(1)(a);
  • (ii) by the Prime Minister, if the member concerned is any of the 2 members appointed under Article 37B(1)(b); or
  • (iii) by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is a member appointed under Article 37B(1)(c) or
• (d), respectively. 

(4) A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E. 

(5) Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier —

• (a) resigns in writing addressed to the Chairman;
• (b) ceases to be a citizen of Singapore; or
• (c) becomes subject to any disqualification referred to in Article 37E. 

(6) The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman, and the alternate member —

• (a) may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and
• (b) while so acting, shall have and may exercise all the powers and duties of that member…

 

Article 37E states: 

A person shall be disqualified for appointment as a member if he —

• (a) is or has been found or declared to be of unsound mind…

 

Article 43 states:

The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.

 

Article 44, clause 2 states:

A person shall be qualified to be elected or appointed as a Member of Parliament if —…

• (e) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and
• (f) he is not disqualified from being a Member of Parliament under Article 45.

 

Article 45, clause 1 states:

Subject to this Article, a person shall not be qualified to be a Member of Parliament who —

• (a) is and has been found or declared to be of unsound mind…

 

Article 46, clause 4 states:

If any Member of Parliament becomes subject to any disqualification…because he is —

• (a) adjudged or otherwise declared a bankrupt;
• (b) adjudged or otherwise declared to be of unsound mind… and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.

 

Article 51, clause 4 states:

The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two- thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…

 

Article 70 states:

Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.

 

Article 72 states:

A person shall be disqualified for appointment as a member who —

• 
(a) is or has been found or declared to be of unsound mind…

 

Article 98, clause 3 states:

If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause…

 

Article 107, clause 2 states:

If the Prime Minister, or the Chairman of the Public Service Commission after consulting with the Prime Minister, represents to the President that a member of the
Public Service Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…

 

Article 111, clause 2D states:

If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2) (d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause)…the President shall--

• (a) refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and
• (b) remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends.

 

Article 148F, clause 8 states:

The Auditor-General may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor-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 Judges of the Supreme Court nominated for that purpose by the Chief Justice.

 

Excerpts from the Constitution of the Republic of Singapore (1963, last amended 2010)