Singapore legislation
Article 46
Article 46
Tenure of office of Members
Quoted provision
Clause 1
Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution.
Quoted provision
Clause 2
The seat of a Member of Parliament shall become vacant —
if he ceases to be a citizen of Singapore;
if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;
if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;
if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom;
if he becomes subject to any of the disqualifications specified in Article 45;
if he is expelled from Parliament in the exercise of its power of expulsion; or
if being a nominated Member, his term of service as such a Member expires.
Quoted provision
Clause 2A
A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency.
Quoted provision
Clause 2B
A nominated Member of Parliament shall vacate his seat as such a Member —
if he stands as a candidate for any political party in an election; or
if, not being a candidate referred to in paragraph (a), he is elected as a Member of Parliament for any constituency.
Quoted provision
Clause 3
Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time.
Quoted provision
Clause 4
If any Member of Parliament becomes subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) because he is —
adjudged or otherwise declared a bankrupt;
adjudged or otherwise declared to be of unsound mind;
convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); or
convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament,and it is open to the Member to appeal against the decision (either with the permission of the court or other authority or without such permission), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be.
Quoted provision
Clause 5
A Member of Parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g).
Quoted provision
Clause 6
Notwithstanding clause (5), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article 45(1)(a) or (b) and —
no further appeal is open to him; or
by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of permission to appeal or for any other reason it ceases to be open for the Member to appeal,the Member shall then immediately vacate his seat even if the period of 180 days has not lapsed.
Quoted provision
Clause 7
Where, at any time before the end of the period of 180 days referred to in clause (4), the Member of Parliament ceases to be subject to any disqualification specified in Article 45(1)(a), (b), (e) or (g) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified.
Quoted provision
Clause 8
For the avoidance of doubt, clauses (4) to (7) —
shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and
shall not operate to extend the term of service of a nominated Member beyond the period prescribed in the Fourth Schedule.