Singapore legislation

Clause 4

of Constitution of the Republic of Singapore (Amendment No. 2) Bill

Clause 4

New Article 39A

The Constitution is amended by inserting, immediately after Article 39, the following Article:“Group representation constituencies39A.—

(1)

The Legislature may, in order to ensure the representation in Parliament of Members from the Malay and other minority communities, by law make provision for —

(a)

any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of 3 candidates; and

(b)

the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause (2).(2) Any law made pursuant to clause (1) shall provide for —

(a)

the President to designate every group representation constituency —

(i)

as a constituency where at least one of the 3 candidates in every group shall be a person belonging to the Malay community; or

(ii)

as a constituency where at least one of the 3 candidates in every group shall be a person belonging to any minority community other than the Malay community;

(b)

the establishment of —

(i)

a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and

(ii)

a committee to determine whether a person desiring to be a candidate belongs to any minority community other than the Malay community,for the purpose of any election in group representation constituencies; and

(c)

all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group.(3) No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article 12 or be considered to be a differentiating measure under Article 78.(4) In this Article —“election” means an election for the purpose of electing a Member of Parliament;“group” means a group of 3 candidates nominated for any election in any group representation constituency;“person belonging to the Malay community” means any person, being a Malay, Javanese, Boyanese, Bugis, Arab or any other person, who is generally accepted as a member of the Malay community by that community.”.