THE CONSTITUTION OF SINGAPORE – FEATURES

This article will be discussing about the Constitution of Republic of Singapore including its history and key features

 

1. INTRODUCTION

 

A constitution is a fundamental document that outlines the basic principles, structures, and processes of a government or an organization. It serves as the supreme law of the land, establishing the framework for governance, defining the rights and freedoms of individuals, and allocating powers and responsibilities among different branches or levels of government.

 

The Constitution of Singapore is the supreme law of the Republic of Singapore, providing the framework for the country's government structure and defining the fundamental rights and responsibilities of its citizens. Constitution of Singapore took effect from 9 August 1965, the day Singapore was granted independence from Malaysia.

 

2. HISTORICAL BACKGROUND OF THE CONSTITUTION OF SINGAPORE:

 

The history of the Singapore Constitution traces back to the early days of Singapore's development as a British colony, through its merger with Malaysia, and ultimately to its independence as a sovereign Nation. Here is a brief overview of the key milestones in the history of the Singapore Constitution:

 

a) British Colonial Rule:

 

During British colonial rule, Singapore was governed by various constitutional instruments, such as the Singapore Order in Council 1955 and the Singapore (Constitution) Order in Council 1959. These instruments provided for limited self-government and established the framework for local legislative and executive bodies.

 

b) Self-Government and Internal Autonomy:

 

In 1959, Singapore attained self-government under the State of Singapore Act 1959. This marked the beginning of internal self-rule, with Singaporeans  electing their own government. The Constitution of the State of Singapore 1959 was enacted, granting more powers to the elected government.

 

c) Merger with Malaysia:

 

In 1963, Singapore merged with Malaysia, along with the states of Malaya, Sabah, and Sarawak, to form the Federation of Malaysia. The Malaysian Constitution became applicable in Singapore, but several provisions specific to Singapore were included in the Malaysia Agreement to safeguard its interests.

 

d) Separation from Malaysia:

 

Tensions between Singapore and the central government in Kuala Lumpur led to Singapore's separation from Malaysia on August 9, 1965, and the subsequent proclamation of independence. This event necessitated the creation of a new constitution for the independent Republic of Singapore.

 

e) Drafting and Adoption of the Constitution:

 

The Constitution of Singapore was drafted by a Constitutional Commission, chaired by Chief Justice Wee Chong Jin, and was adopted on November 28, 1965. It provided the legal framework for Singapore's government structure, fundamental rights, and the division of powers.

 

f) Constitutional Amendments:

 

Since its adoption, the Singapore Constitution has undergone several amendments to adapt to the changing needs and circumstances of the nation. Amendments have been made to various aspects, including the powers of the President, the judiciary, the electoral system, and the protection of fundamental liberties.

 

g) Significant Amendments:

 

Notable amendments include the introduction of the concept of a Reserved Presidential Election in 2016, changes to the Elected Presidency Scheme in 2017, and revisions to the constitutional provisions on the appointment and removal of judges in 2009.

 

The Singapore Constitution serve as the foundation of Singapore's legal and political system, ensuring the functioning of its government, protecting the rights of its citizens, and promoting stability and progress in the nation.

 

3. KEY FEATURES OF THE CONSTITUTION OF SINGAPORE:

 

key features of the Singapore Constitution are as follows;

 

a) Written Constitution:

 

The Constitution of Singapore is a written document, comprising a preamble and 15 parts, with a total of 152 articles. It was adopted when Singapore gained independence from Malaysia on August 9, 1965, and has since been amended several times.

 

b) Parliamentary Democracy:

 

Singapore follows a parliamentary system of government. The Constitution establishes a unicameral legislature known as the Parliament, consisting of Members of Parliament (MPs) elected through general elections.

 

c) President:

 

The Constitution provides for a President, who serves as the head of state in Singapore. The President is elected by the people and exercises ceremonial functions, as well as certain custodial and discretionary powers, such as approving key appointments and safeguarding the reserves.

 

d) Separation of Powers:

 

The Constitution establishes the principle of separation of powers, dividing the functions of the government into three branches—the executive, legislature, and judiciary. This separation ensures a system of checks and balances and prevents the concentration of power.

 

e) Fundamental Liberties:

 

The Constitution guarantees fundamental liberties to the people of Singapore. These include the freedom of speech, assembly, and association, as well as the right to personal liberty and equality before the law. However, these rights are not absolute and are subject to reasonable restrictions in the interest of public order, morality, and national security.

 

f) Rule of Law:

 

The Constitution upholds the principle of the rule of law, ensuring that all individuals, including the government, are subject to and governed by the law. It establishes an independent judiciary that interprets and applies the law impartially.

 

g) Meritocracy and Multiculturalism:

 

The Constitution recognizes Singapore as a multicultural society and promotes principles of meritocracy, equal opportunities, and the pursuit of common goals, regardless of race, language, or religion. It safeguards the special position of the Malay community and the language and cultural rights of various ethnic groups.

 

h) Central Provident Fund (CPF):

 

The Constitution provides for the establishment of the Central Provident Fund, a comprehensive social security system that helps Singaporeans save for retirement, healthcare, housing, and education.

 

i) Amendments:

 

The Constitution can be amended through a parliamentary process. Amendments require the support of at least two-thirds of the MPs present and voting, as well as the assent of the President.

 

j) Reserved Presidential Election:

 

A significant amendment introduced in 2016 establishes the concept of a Reserved Presidential Election, where a presidential election can be reserved for a specific racial group if that group has not been represented in the office for five consecutive terms.

 

It's important to note that this list is not exhaustive, and the Singapore Constitution encompasses various other provisions and details that govern the functioning of the country.

 

4. CONCLUSION:

 

It can be concluded by saying that the Singapore Constitution holds significant importance in the governance and legal framework of Singapore. It guarantees fundamental rights and liberties to the people of Singapore, such as freedom of speech, assembly, and association, as well as the right to personal liberty and equality before the law. These rights serve as the cornerstone of a democratic society, ensuring that individuals are protected from arbitrary actions by the government and have the freedom to express themselves. It also upholds the principle of the rule of law, ensuring that all individuals, including the government, are subject to and governed by the law. It establishes an independent judiciary that interprets and applies the law impartially, ensuring fairness and justice in the legal system.

In Singapore the functions of the government divided into three branches: the executive, legislature, and judiciary. This separation ensures a system of checks and balances, preventing the concentration of power and safeguarding against abuse of authority.

Overall, the Singapore Constitution serves as the legal and institutional foundation of the nation, providing a framework for good governance, protecting fundamental rights, promoting social harmony, and facilitating Singapore's development as a modern and progressive society.