Jonah Patel
The Constitution of Singapore, which came into effect on 9 August 1965, is the supreme law of the country. It has been amended several times to meet the country's evolving needs, such as strengthening institutions and supporting societal requirements. Amendments to the constitution can be made by the Legislature, Singapore's elected parliament, with a two-thirds majority (>75%) of the total Members of Parliament, excluding nominated members. This process ensures that any changes to the fundamental liberties, citizenship, and public service provisions outlined in the constitution undergo a rigorous amendment process.
| Characteristics | Values |
|---|---|
| Process | A law enacted by the Legislature, which is the elected parliament of Singapore |
| Majority required | Unlike other bills, which only require a simple majority (>50% of votes), the amendment bill has to garner at least two-thirds (>75%) of the total number of Members of Parliament (excluding nominated Members) in the Second and Third reading of the bill |
| Previous Amendments | Group Representative Constituency (GRC) scheme, the establishment of the Presidential Council for Minority Rights (PCMR), and the reserved presidency for minority candidates |
| Recent Amendment | Allows Singapore's president to hold global roles with international organisations in addition to the presidency |
| Reasons for Amendments | Strengthen Singapore's institutions and support its unique societal needs |
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What You'll Learn
Amendments to company constitutions
The company constitution in Singapore is a document that guides how a company interacts with its stakeholders, ensuring adherence to legal requirements. It is a legal document that outlines the structure and governance of a company, defining the relationships between the company, its members, directors, and the company secretary. It ensures compliance with Singapore's corporate governance standards and is one of the legal requirements in the company's incorporation process.
To amend a company constitution in Singapore, different procedures must be followed depending on whether the company's objects are being amended. An amendment is considered an alteration to the company's objects if it involves changes to the language of the objects. For example, shifting the focus from "brewing beer" to "running a cafe". Renumbering the objects clauses without changing the language will not be considered an alteration of the company's objects but will still be treated as an amendment to the constitution, requiring compliance with a specific procedure.
For amendments that do not alter the company's objects, the procedure outlined in Section 26 of the Companies Act (CA) must be followed. This involves passing a special resolution, which is a formal agreement between the company's shareholders to supplement the constitution. The amendment will be considered part of the original constitution from the date of passing the special resolution. The company must submit a notice of the resolution or any court order affecting the constitution within 14 days to the Registrar, who will issue a notice confirming the alteration.
If the company wishes to alter its objects, the procedure outlined in Section 33 of the CA must be followed. Similar to the process for amendments that do not alter the company's objects, this also requires passing a special resolution. The alteration will generally be effective from the date of the special resolution, and the company must submit a copy of the resolution and the amended constitution to the Accounting and Corporate Regulatory Authority (ACRA) within 14 days. ACRA will then issue a notice of registration for the resolution, and the company can apply for a certificate of incorporation confirming the alteration.
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The role of the High Court
The role of Singapore's High Court in the process of amending the Constitution is significant and multifaceted. While the power to initiate constitutional amendments rests with the Parliament, the High Court plays a crucial role in interpreting and safeguarding the provisions of the Constitution. Here is a detailed overview of the roles and responsibilities of the High Court in this process:
Interpretation of the Constitution: The High Court serves as the guardian of the Constitution and is tasked with interpreting its provisions. When disputes arise regarding the meaning or application of constitutional provisions, the High Court provides clarity through its rulings. This interpretive role ensures that the Constitution is applied consistently and in accordance with the intentions of the framers.
Judicial Review: The High Court has the power of judicial review, which allows it to examine the constitutionality of legislative and executive acts. If a law or amendment is deemed to contravene the Constitution, the High Court can strike it down or issue appropriate remedies. This power extends to reviewing amendments passed by Parliament to ensure they comply with the prescribed amendment procedures and do not violate any entrenched provisions.
Protection of Entrenched Provisions: The Singapore Constitution contains certain "entrenched provisions" that are afforded higher protection and can only be amended through specific procedures. The High Court plays a vital role in safeguarding these provisions by ensuring that any proposed amendments comply with the prescribed amendment mechanisms. If an amendment seeks to alter an entrenched provision without following the required procedure, the High Court can intervene and declare the amendment invalid.
Advisory Opinions: In certain circumstances, the President or the Government may refer constitutional questions to the High Court for advisory opinions. While these opinions are not binding, they provide valuable guidance and interpretation of constitutional matters. The High Court's expertise in constitutional law contributes to clarifying complex issues and ensuring the proper implementation of constitutional amendments.
Judicial Education and Guidance: The High Court plays an educational role by providing guidance and clarification on constitutional matters through its
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The Republic of Singapore Independence Act 1965
Prior to the RSIA, Singapore had undergone various constitutional changes since its establishment as a trading post of the East India Company in 1819. It became part of the Straits Settlements in 1867, which had a colonial constitution established through letters patent. Subsequent legal instruments further refined the constitutional structure of the colony. In 1959, Singapore attained sovereignty from the United Kingdom, becoming self-governing in domestic matters while the British colonial administration retained control over external affairs.
The RSIA had several key provisions. Firstly, it made the fundamental liberties outlined in the Malaysian Federal Constitution applicable in Singapore. Secondly, it transferred legislative and executive powers over Singapore from Malaysia to the President and Parliament of Singapore. The Act empowered the President to make necessary modifications to written laws as a result of Singapore's newfound independence. Additionally, the RSIA addressed matters such as the exercise of executive powers, the continuation of the Constitution of Malaysia's provisions, official languages, and the transfer of property, rights, liabilities, and obligations.
The enactment of the RSIA was a significant step towards establishing the Constitution of the Republic of Singapore, which is the supreme law of the nation. The Constitution has since undergone amendments to accommodate the country's evolving needs, such as provisions for the Group Representative Constituency scheme, the establishment of the Presidential Council for Minority Rights, and the inclusion of a reserved presidency for minority candidates. Amendments to the Constitution require a rigorous process, with amendment bills needing at least a two-thirds majority in the Second and Third readings to pass.
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The President's powers
The President of Singapore is the head of state of Singapore and represents the country in official diplomatic functions. The President's powers can be divided into two categories: those exercised at their own discretion and those exercised in accordance with the advice of the Cabinet or a minister acting under the Cabinet's authority.
The President has certain discretionary executive powers, including the ability to block attempts by the government to draw from past financial reserves and to approve or veto the appointment or removal of key office holders in the public service, statutory boards, and government companies. The President also has powers of oversight over the Corrupt Practices Investigation Bureau and decisions of the Executive under the Internal Security Act and the Maintenance of Religious Harmony Act.
The President's legislative authority is jointly vested with the Parliament. The President's primary role in the legislative process is to assent to bills passed by Parliament. The President usually opens each parliamentary session with an address drafted by the Cabinet, setting out the government's agenda.
The President's fiscal powers have been amended several times. For example, in 2009, the President approved the government's request to draw $4.9 billion from past financial reserves to meet current budget expenditures. The President also has the power to make modifications to written laws as necessary in consequence of Singapore's independence.
In 2023, the Constitution was amended to allow the President to accept global appointments in their private capacity, provided that the role does not breach existing rules forbidding the President from engaging in commercial enterprises. This amendment was introduced to provide greater transparency about the President's involvement in international organisations.
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The legislative process
The Constitution of Singapore is the country's supreme law. It is a written constitution that came into effect on 9 August 1965, following Singapore's independence from Malaysia.
The Constitution can be amended by a law enacted by the Legislature, which is the elected parliament of Singapore. The legislative process for amending the Constitution is similar to that of ordinary bills, but with some key differences. Firstly, unlike ordinary bills that only require a simple majority (>50% of votes), a constitutional amendment bill must receive at least a two-thirds majority (>75%) of the total number of Members of Parliament (excluding nominated Members) in both the Second and Third readings of the bill.
The amendment bill can be proposed by the Attorney-General's Chambers, and it is subject to debate and voting in Parliament. During the legislative process, the bill undergoes several readings and is scrutinised by Members of Parliament, who can propose amendments and changes. The bill must pass through all the required readings and receive the requisite majority to be approved.
It is important to note that the President of Singapore has the power to veto proposed constitutional amendments that directly or indirectly circumvent or curtail their discretionary powers. This provision, outlined in Article 5A of the Constitution, ensures that the President's role and powers are protected from being diminished through constitutional amendments.
Additionally, the High Court's rejection of the basic structure doctrine means that Parliament is not explicitly prohibited from amending or repealing any provisions of the Constitution, even those considered fundamental. However, any amendments to the Constitution must still uphold the fundamental liberties, citizenship provisions, and public service regulations outlined in the Constitution.
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