PART VA
Council of Presidential Advisers
37A. 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.
37B.
—(1) There shall be a Council of Presidential Advisers which shall consist of —
(a)
2 members appointed by the President acting in his discretion;
(b)
2 members appointed by the President on the advice of the Prime Minister;
(c)
one member appointed by the President on the advice of the Chief Justice; and
(d)
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 serve for a term of 6 years and shall be eligible for reappointment upon the expiry of his term of office except that in respect of the appointment of the first members under clause (1), one of the 2 members referred to in paragraphs (a) and (b) of that clause shall be appointed for a term of 3 years instead of 6 years.
(4) During any period when the Chairman exercises the functions of the office of President under Article 22N or 22O, he shall not act as the Chairman for that period and shall not take part in the proceedings of the Council and shall appoint —
(a)
a person to serve as a member of the Council for that period; and
(b)
a member of the Council to act as Chairman for that period.
37C. 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 appoint another person to serve as a member for that period either in his discretion or, where that member was appointed under Article 37B(1)(b), (c) or (d), on the advice of the Prime Minister, the Chief Justice or the Chairman of the Public Service Commission, as the case may be.
37D. 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.
37E. 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.
37F.
—(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 —
(a)
if he ceases to be a citizen of Singapore;
(b)
if, by writing under his hand addressed to the Chairman, he resigns his seat; or
(c)
if he becomes subject to any of the disqualifications referred to in Article 37E.
37G.
—(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 —
(a)
sit in private;
(b)
afford the person concerned adequate opportunity to call witnesses and be heard; and
(c)
report its decision to the Chairman.
(3) The decision of the tribunal shall be final and shall not be questioned in any court.
37H. 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.
37I. 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).
37J.
—(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 —
(a)
whether its advice or recommendation is unanimous or the number of votes for and against it; and
(b)
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.
37K. 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.
37L.
—(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.