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Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation

Constitution of the Republic of Singapore

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—(1) Parliament may, by resolution, overrule the President, if —(a)in a case referred to the Council under Article 37IB, the President acts in his discretion to —(i)refuse to give the assent, concurrence or approval that was sought; or(ii)disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and(b)the President’s decision was made contrary to the Council’s recommendation.(2) A resolution under clause (1) —(a)may only be passed on a motion for which notice has been given by a Minister;(b)except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government —(i)causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)(a), to be published in the Gazette; and(ii)sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and(c)must be passed by no less than two‑thirds of the total number of Members of Parliament (excluding nominated Members).(3) Despite clause (1) —(a)a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and(b)a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule,cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision.(4) If Parliament overrules the President under clause (1), the President is deemed —(a)to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or(b)never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2),as the case may be.(5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C and 22H.

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