Singapore legislation

Article 95

of Constitution of the Republic of Singapore

Article 95

Appointment of Supreme Court Judges, etc.

Amended by38/201939/201438/201939/201438/201939/201438/201939/201439/201438/201939/201438/201939/201438/201939/201438/201939/201438/2019

Quoted provision

Clause 1

Amended by38/2019

The Chief Justice, the Justices of the Court of Appeal, the Judges of the Appellate Division and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.

Quoted provision

Clause 2

Amended by39/201438/2019

The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Supreme Court Judge or has ceased to be a Supreme Court Judge, to be the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court for a specified period.

Quoted provision

Clause 3

[Deleted by Act 38 of 2019]

Quoted provision

Clause 4

Amended by39/201438/2019

In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister —

(a)

appoint a person who is qualified for appointment as a Supreme Court Judge to be a Judicial Commissioner;

(b)

appoint a person who has ceased to be a Supreme Court Judge to be a Senior Judge; or

(c)

appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge.

Quoted provision

Clause 5

Amended by39/201438/2019

For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge may —

(a)

be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or

(b)

be appointed for a specified period.

Quoted provision

Clause 6

Amended by39/2014

Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice.

Quoted provision

Clause 7

Amended by39/201438/2019

A Judicial Commissioner appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify.

Quoted provision

Clause 8

Amended by39/201438/2019

A Senior Judge and an International Judge appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9).

Quoted provision

Clause 9

Amended by39/201438/2019

The Chief Justice may —

(a)

from time to time, require a Senior Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and

(b)

from time to time and subject to clause (10), require an International Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify.

Quoted provision

Clause 10

Amended by39/201438/2019

The Legislature may by law limit the classes of cases that may be heard and determined by an International Judge.

Quoted provision

Clause 11

Amended by39/201438/2019

Anything done by a Judicial Commissioner, a Senior Judge or an International Judge when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court.