Judicial power of Singapore
s 93
93. The judicial power of Singapore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.
Constitution of the Republic of Singapore PART 8 — THE JUDICIARY
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Jurisdiction to determine questions as to validity of Presidential election
s 93A
93A.—(1) All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Supreme Court Judge nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).[38/2019] (2) The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final. (3) The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act 1969.
Constitution of Supreme Court
s 94
94.—(1) The Supreme Court consists of —(a) the Court of Appeal; and (b) the High Court, which in turn consists of —(i) the Appellate Division; and (ii) the General Division.[38/2019] (2) The Court of Appeal and the Divisions of the High Court have the jurisdiction and powers conferred on each of them by this Constitution and any other written law.[38/2019] (3) The Court of Appeal consists of the Chief Justice and the Justices of the Court of Appeal.[38/2019] (4) The Appellate Division of the High Court consists of the Chief Justice and the Judges of the Appellate Division.[38/2019] (5) The General Division of the High Court consists of the Chief Justice and the Judges of the High Court.[38/2019] (6) A Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court may, if required by the Chief Justice, sit in the Court of Appeal or a Division of the High Court established by clause (1) even if the Justice of the Court of Appeal, the Judge of the Appellate Division or the Judge of the High Court is not a member of the Court of Appeal or that Division of the High Court, as the case may be.[38/2019] (7) A Judicial Commissioner, a Senior Judge or an International Judge may, subject to Article 95(7), (8), (9) and (10) and the terms of his appointment —(a) sit in the General Division of the High Court; and (b) if required by the Chief Justice, sit in the Appellate Division of the High Court or the Court of Appeal.[38/2019]
Appointment of Supreme Court Judges, etc.
s 95
95.—(1) 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.[38/2019] (2) 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.[39/2014; 38/2019] (3) [Deleted by Act 38 of 2019] (4) 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.[39/2014; 38/2019] (5) 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.[39/2014; 38/2019] (6) 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.[39/2014] (7) 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.[39/2014; 38/2019] (8) 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).[39/2014; 38/2019] (9) 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.[39/2014; 38/2019] (10) The Legislature may by law limit the classes of cases that may be heard and determined by an International Judge.[39/2014; 38/2019] (11) 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.[39/2014; 38/2019]
Qualifications of Supreme Court Judges
s 96
96. A person is qualified for appointment as a Supreme Court Judge if the person has for an aggregate period of 10 or more years been one or more of the following:(a) a qualified person within the meaning of section 2 of the Legal Profession Act 1966†; (b) an officer in the Singapore Judicial Service; (c) an officer in the Singapore Legal Service.[Act 32 of 2021 wef 14/01/2022] [†Updated to be consistent with the 2020 Revised Edition]
Oath of Office of Supreme Court Judges, etc.
s 97
97.—(1) A person appointed to a high judicial office shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule.[31/2007; 39/2014; 38/2019] (2) Notwithstanding clause (1), a Judicial Commissioner, a Senior Judge or an International Judge who is appointed under Article 95(4) to hear and determine a specified case need not be required to take the Oath of Office again if a period of less than 12 months intervenes between the date of his judgment in any specified case he is so appointed to hear and determine and the start of hearing for the next specified case.[31/2007; 39/2014; 38/2019]
Tenure of office and remuneration of Supreme Court Judges, etc.
s 98
98.—(1) The office of a Supreme Court Judge must not be abolished during the continuance in office of the Judge.[39/2014; 38/2019] (1A) Unless he resigns or is removed in accordance with this Article, a Supreme Court Judge appointed under Article 95(1) holds office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the President may approve.[38/2019] (2) A person holding high judicial office may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with clauses (3), (4) and (5).[39/2014; 38/2019] (3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding high judicial office ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall appoint a tribunal in accordance with clause (4) and shall refer that representation to it; and may on the recommendation of the tribunal remove the person from office.[39/2014; 38/2019] (4) The tribunal shall consist of not less than 5 persons who hold or have held office as a Supreme Court Judge, or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the Chief Justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of 2 members with appointments of the same date).[38/2019] (5) Pending any reference and report under clause (3), the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other person holding high judicial office, after consulting the Chief Justice, suspend a person holding high judicial office from the exercise of his functions.[39/2014; 38/2019] (6) The Legislature shall by law provide for the remuneration of the Supreme Court Judges and the remuneration so provided shall be charged on the Consolidated Fund.[38/2019] (7) Subject to this Article, the Legislature may by law provide for the terms of office of the Supreme Court Judges, other than their remuneration, and may provide that any gratuity payable in respect of service as a Supreme Court Judge shall be charged on the Consolidated Fund.[39/2014; 38/2019] (8) The remuneration and other terms of office (including any pension or gratuity) of a Supreme Court Judge shall not be altered to his disadvantage after his appointment.[39/2014; 38/2019] (9) Notwithstanding clause (1A), the validity of anything done by a Supreme Court Judge shall not be questioned on the ground that he had attained the age on which he was required to retire.[38/2019] (10) The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Supreme Court Judge.[38/2019]
Restriction on Parliamentary discussion of conduct of person holding high judicial office
s 99
99. The conduct of a person holding high judicial office shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one‑quarter of the total number of the Members of Parliament.[39/2014; 38/2019]
Advisory opinion
s 100
100.—(1) The President may refer to a tribunal consisting of not less than 3 Supreme Court Judges for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise.[38/2019] (2) Where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the President, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any Judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons. (3) The opinion of the majority of the Judges in the tribunal shall, for the purposes of this Article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court. (4) No court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the Bill for which has been the subject of a reference to a tribunal by the President under this Article.
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