Singapore legislation

Section 19B

of Constitution of the Republic of Singapore

Section 19B

Reserved election for community that has not held office of President for 5 or more consecutive terms

Amended by28/201628/201628/201628/201628/201628/2016

(1)

An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President.

Amended by28/2016

(2)

A person is qualified to be elected as President —

(a)

in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in Article 19;

(b)

in an election reserved for 2 communities under clause (1) —

(i)

only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greater number of consecutive terms of office immediately before the election; or

(ii)

if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the other community for which the election is reserved; and

(c)

in an election reserved for all 3 communities under clause (1) —

(i)

only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greatest number of consecutive terms of office immediately before the election;

(ii)

if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the next greatest number of consecutive terms of office immediately before the election; or

(iii)

if no person qualifies under sub‑paragraph (i) or (ii), only if the person satisfies the requirements in Article 19 and belongs to the remaining community.

Amended by28/2016

(3)

For the purposes of this Article, a person who exercises the functions of the President under Article 22N or 22O is not considered to have held the office of President.

Amended by28/2016

(4)

The Legislature may, by law —

(a)

provide for the establishment of one or more committees to decide, for the purposes of this Article, whether a person belongs to the Chinese community, the Malay community or the Indian or other minority communities;

(b)

prescribe the procedure by which a committee under paragraph (a) decides whether a person belongs to a community;

(c)

provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as President if, in a reserved election, no person who qualifies to be elected as President under clause (2)(a), (b) or (c) (as the case may be) is nominated as a candidate for election as President; and

(d)

make such provisions the Legislature considers necessary or expedient to give effect to this Article.

Amended by28/2016

(5)

No provision of any law made pursuant to this Article is invalid on the ground of inconsistency with Article 12 or is considered to be a differentiating measure under Article 78.

Amended by28/2016

(6)

In this Article —

Amended by28/2016

Definition

“community” means —

(a)

the Chinese community;

(b)

the Malay community; or

(c)

the Indian or other minority communities;

Definition

“person belonging to the Chinese community” means any person who considers himself to be a member of the Chinese community and who is generally accepted as a member of the Chinese community by that community;

Definition

“person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community;

Definition

“person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community;

Definition

“term of office” includes an uncompleted term of office.

Amended by28/2016