Singapore legislation

Article 37C

of Constitution of the Republic of Singapore

Article 37C

Alternate members

Amended by31/200728/201631/200731/200728/201631/200731/200731/200731/2007

Quoted provision

Clause 1

Amended by31/200728/2016

The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman.

Quoted provision

Clause 2

Amended by31/2007

For the purposes of making an appointment under clause (1), the President —

(a)

shall, acting in his discretion, appoint one person as an alternate member; and

(b)

shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member.

Quoted provision

Clause 3

Amended by31/200728/2016

Whenever any member appointed under Article 37B(2) (other than the Chairman) —

(a)

is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or

(b)

is appointed under Article 37B(5)(a) to act as the Chairman,an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) —

(i)

by the President, acting in his discretion, if the member concerned is appointed under Article 37B(2)(a)(i), (b)(i) or (c)(i);

(ii)

by the Prime Minister, if the member concerned is appointed under Article 37B(2)(a)(ii), (b)(ii) or (c)(ii); or

(iii)

by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is appointed under Article 37B(2)(a)(iii) or (b)(iii), respectively.

Quoted provision

Clause 4

Amended by31/2007

A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E.

Quoted provision

Clause 5

Amended by31/2007

Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier —

(a)

resigns in writing addressed to the Chairman;

(b)

ceases to be a citizen of Singapore; or

(c)

becomes subject to any disqualification referred to in Article 37E.

Quoted provision

Clause 6

Amended by31/2007

The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)(a) to act as the Chairman, and the alternate member —

(a)

may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and

(b)

while so acting, shall have and may exercise all the powers and duties of that member.

Quoted provision

Clause 7

Amended by31/2007

The appointment of a person as an alternate member may be terminated at any time by the President —

(a)

acting in his discretion, if the alternate member is appointed under clause (2)(a); or

(b)

acting on the advice of the Prime Minister (which shall be given only after consulting with the Chief Justice and the Chairman of the Public Service Commission), if the alternate member is appointed under clause (2)(b) on the nomination of the Prime Minister.

Article 37C — Constitution of the Republic of Singapore