Section 37A. Interpretation of this Part
In this Part, unless the context otherwise requires —
- "Chairman" means the Chairman of the Council;
- "Council" means the Council of Presidential Advisers constituted under Article 37B;
- "member" means a member of the Council and includes the Chairman and any alternate member appointed under Article 37C.
Section 37B. Council of Presidential Advisers
(1) There shall be a Council of Presidential Advisers which shall consist of —
- 2 members appointed by the President acting in his discretion;
- 2 members appointed by the President on the advice of the Prime Minister;
- one member appointed by the President on the advice of the Chief Justice; and
- one member appointed by the President on the advice of the Chairman of the Public Service Commission.
(2) The President, acting in his discretion, shall appoint one of the members of the Council as Chairman.
(3) A member of the Council shall be appointed for 6 years on his first appointment and shall cease to be such a member at the end of that term but without prejudice to his eligibility for re-appointment for such further terms of 4 years each.
(4) When the Chairman exercises the functions of the office of the President under Article 22N or 22O, he —
- shall not act as the Chairman during the period he so exercises the functions of the office of President; and
- shall not take part in any proceedings of the Council during that period.
(5) 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 —
- he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and
- 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.
Section 37C. Alternate members
(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 —
- shall, acting in his discretion, appoint one person as an alternate member; and
- 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) —
- 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, an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —
- by the President, acting in his discretion, if the member concerned is any of the 2 members appointed under Article 37B (1) (a);
- by the Prime Minister, if the member concerned is any of the 2 members appointed under Article 37B (1) (b); or
- 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 —
- resigns in writing addressed to the Chairman;
- ceases to be a citizen of Singapore; or
- 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 —
- 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
- while so acting, shall have and may exercise all the powers and duties of that member.
(7) The appointment of a person as an alternate member may be terminated at any time by the President —
- acting in his discretion, if the alternate member is appointed under clause (2) (a); or
- acting on the advice of the Prime Minister (which shall be given only after consulting with the Chief Justice and the Chairman of the Public Service Commission), if the alternate member is appointed under clause (2) (b) on the nomination of the Prime Minister.
Section 37D. Qualifications of members
No person shall be qualified to be appointed as a member unless he —
(a) is a citizen of Singapore;
(b) is not less than 35 years of age;
(c) is a resident of Singapore; and
(d) is not liable to any of the disqualifications referred to in Article 37E.
Section 37E. Disqualifications of members
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;
(b) is insolvent or an undischarged bankrupt; or
(c) has been convicted of an offence by a court of law in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court of law in Singapore.
Section 37F. Termination of membership
(1) The Chairman shall vacate the office of Chairman of the Council when a newly elected President assumes office during the term of appointment of the Chairman.
(2) A member shall vacate his seat in the Council —
- if he ceases to be a citizen of Singapore;
- if, by writing under his hand addressed to the Chairman, he resigns his seat; or
- if he becomes subject to any of the disqualifications referred to in Article 37E.
Section 37G. Determination of questions as to membership
(1) Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and 2 other persons appointed by the Council.
(2) Any tribunal constituted under clause (1) shall —
- sit in private;
- afford the person concerned adequate opportunity to call witnesses and be heard; and
- report its decision to the Chairman.
(3) The decision of the tribunal shall be final and shall not be questioned in any court.
Section 37H. Oaths of Allegiance and Secrecy
(1) Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Judge of the Supreme Court the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule.
(2) Clause (1) shall also apply where an alternate member appointed under Article 37C is selected under Article 37C (3) to act in place of and perform the functions of a member appointed under Article 37B (1), except that an alternate member need not be required, during his term of office as an alternate member, to take such an oath more than once in respect of the occasions when he is so selected to act.
Section 37I. Function of Council
It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President under Article 21 (3) or (4).
Section 37J. Proceedings of Council
(1) The proceedings of the Council shall be conducted in private and the Council may require any public officer or any officer of any statutory board or Government company to appear before the Council and to give such information in relation to any matter referred to the Council by the President under Article 21 (3) or (4) and such officer shall not disclose or divulge to any person any matter which has arisen at any meeting of the Council unless he is expressly authorised to do so by the President.
(2) In advising or making recommendations to the President in relation to any Supply Bill, Supplementary Supply Bill or Final Supply Bill, the Council shall state —
- whether its advice or recommendation is unanimous or the number of votes for and against it; and
- where the Council advises or recommends to the President to withhold his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill, the grounds on which the Council reached its conclusion.
(2A) In advising or making any recommendation to the President in relation to the appointment or revocation of appointment of any person to any office referred to in Article 22, 22A or 22C, the Council shall state whether its advice or recommendation is unanimous or the number of votes for and against it.
(2B) A decision at a meeting of the Council shall be adopted by a simple majority of the members present and voting, except that in the case of an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his original vote.
(3) Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business (including any quorum) but no such rules shall have effect until they have been approved by the President.
Section 37K. Council to report to Prime Minister and Parliament
The Council shall, as soon as practicable after advising or making any recommendation to the President in relation to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, or in relation to the appointment or revocation of appointment of a person to any office referred to in Article 22, 22A or 22C, send a copy of the advice or recommendation to —
(a) the Prime Minister; and
(b) the Speaker who shall cause the copy to be presented to Parliament as soon as possible.
Section 37L. Fees
(1) There shall be paid to the Chairman and the other members of the Council such fees as may be determined by the President.
(2) The fees payable under clause (1) shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the Chairman and the members of the Council.
Section 37M. Appointment of staff
The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions.
