Parliament of Singapore: Difference between revisions

== History ==

On 6 February 1819, Sultan Hussein Shah and the Temenggung of Johor, Abdul Rahman Sri Maharajah, entered into an agreement with Sir Stamford Raffles for the British East India Company to establish a "factory" or trading post on the island of Singapore. Raffles, who was Lieutenant-Governor of Bencoolen (now Bengkulu, Indonesia), placed Singapore under Bencoolen's jurisdiction. As Bencoolen was itself a factory subordinate to the Bengal Presidency in British India, only the Governor-General in Council in Bengal was authorised to enact laws for Singapore.

On 24 June 1824, Singapore was removed from Bencoolen's control and, together with Malacca, formally transferred to the East India Company. This made them subordinate to Fort William in Calcutta (now Kolkata), the capital of the Bengal Presidency. By a treaty of 19 November 1824, the Sultan and Temenggung of Johor ceded Singapore to the East India Company. In 1826, the company constituted Malacca, Prince of Wales Island (now Penang) and Singapore into the Presidency of the Straits Settlements with Penang as the capital. The general power to make laws for the Straits Settlements remained with the Supreme Government in India and the Parliament of the United Kingdom; Penang's legislative power was limited to making rules and regulations relating to duties and taxes that the Settlements was empowered to levy.

On 20 June 1830, as a cost-cutting measure, the Straits Settlements ceased to be a separate presidency and were placed under the Bengal Presidency's control by the East India Company. In 1833, the Government of India Act passed by the British Parliament created a local government for the whole of India made up of the Governor-General and his counsellors. They were collectively known as Governor-General of India in Council and had the sole power to pass laws for the Straits Settlements. However, India's slow response to problems in the Settlements such as the ineffective court system and the lack of Straits representation in the Indian legislative council prompted merchants and other prominent people to call for the Settlements to be governed directly by the Colonial Office in London. Finally, on 1 April 1867, the Straits Settlements were separated from the Government of India and became a Crown colony.

Under letters patent dated 4 February 1867, the Straits Settlements were granted a colonial constitution in the usual form. The Governor of the Straits Settlements ruled with the help of an executive council and a legislative council. The executive council was made up of the governor, the commanding officer of the troops in the Straits, and six senior officials—including the colonial secretary, lieutenant-governor of Penang, attorney-general and colonial engineer. The legislative council, in which legislative authority was vested, consisted of the executive council and the chief justice—together known as the official members, and four unofficial members nominated by the governor. As the unofficial members were outnumbered by the official members, they and the governor—who had a casting vote, had effective control of the council. Legislation was generally initiated by the governor, and they had the power to assent to or veto bills. During legislative debates, official members were required to support the governor, but the unofficials could speak and vote as they wished. In 1924, the system was changed such that two unofficial members of the legislative council were nominated by the governor to sit on the Executive Council. In addition, the number of members of the legislative council was increased to 26, with equal numbers of officials and unofficials. The governor retained his casting vote. The Penang and European chambers of commerce each nominated one unofficial, while the governor nominated the others on an ethnic basis: five Europeans, including one each from Penang and Malacca, three Chinese British subjects, one Malay, one Indian and one Eurasian. This system remained in place until Singapore fell to the Japanese in 1942 during World War II.

Following the Second World War, the Straits Settlements were disbanded and Singapore became a Crown colony in its own right. The reconstituted Legislative Council consisted of four ex officio members from the Executive Council, seven official members, between two and four unofficial members, and nine elected members. The governor continued to hold a veto and certain reserved powers over legislation. As there was a majority of official members in the council, the constitution was criticised for not allowing locals to play an effective role in public affairs. Governor Franklin Charles Gimson therefore formed a Reconstitution Committee that proposed, among other things, recommended that the council should be made up of four ex officio members; five officials; four nominated unofficials; three representatives nominated by the Singapore Chamber of Commerce, Chinese Chamber of Commerce and the Indian Chamber of Commerce to represent the European, Chinese and Indian economic interests; and six members to be elected by universal suffrage. For the first time, non-officials held a majority in the legislature. A new constitution embodying these arrangements came into force on 1 March 1948 and Singapore's first democratic elections were held on 20 March that year. Three out of the six elected seats were won by the Progressive Party.

In 1951, three more elected seats were created in the council. In February 1954, the Rendel Constitutional Commission under the chairmanship of Sir George William Rendel, which had been appointed to comprehensively review the constitution of the Colony of Singapore, rendered its report. Among other things, it recommended that the Legislative Council be transformed into a legislative assembly of 32 members made up of three ex officio official members holding ministerial posts, four nominated unofficial members, and 25 elected unofficial members. In addition, a Council of Ministers would be created, composed of the three ex officio members and six elected members appointed by the Governor on the recommendation of the Leader of the House, who would be the leader of the largest political party or coalition of parties having majority support in the legislature. The recommendation was implemented in 1955. In the general election held that year, the Labour Front took a majority of the seats in the Assembly, and David Marshall became the first Chief Minister of Singapore.

Major problems with the Rendel Constitution were that the powers of the chief minister and ministers were ill-defined, and that the official members retained control of the finance, administration, and internal security and law portfolios. This led to confrontation between Marshall, who saw himself as a prime minister governing the country, and the governor Sir John Fearns Nicoll, who felt that important decisions and policies should remain with himself and the officials.

In 1956, members of the Legislative Assembly held constitutional talks with the Colonial Office in London. The talks broke down as Marshall did not agree to the British Government's proposal for the casting vote on a proposed Defence Council to be held by the British High Commissioner to Singapore, who would only exercise it in an emergency. Marshall resigned as chief minister in June 1956, and was replaced by Lim Yew Hock. The following year, Lim led another delegation to the United Kingdom for further talks on self-governance. This time, agreement was reached on the composition of an Internal Security Council. Other constitutional arrangements were swiftly settled in 1958, and on 1 August the United Kingdom Parliament passed the State of Singapore Act 1958 (6 & 7 Eliz. 2. c. 59 (UK)), granting the colony full internal self-government. Under Singapore's new constitution, which came into force on 3 June 1959, the Legislative Assembly consisted of 51 elected members and the governor was replaced by the Yang di-Pertuan Negara, who had power to appoint the prime minister who most likely to command the authority of the Legislative Assembly, and other ministers of the Cabinet on the prime minister's advice. During the 1959 general election, the People's Action Party (PAP) swept to power with 43 out of the 51 seats in the Assembly, and Lee Kuan Yew became the first Prime Minister of Singapore.

In 1963, Singapore gained independence from Britain through a merger with Malaysia. In the federal legislature, Singapore was allocated 15 out of 127 seats. Under its new State Constitution, Singapore kept its own executive government and legislative assembly. However, with effect from 9 August 1965, Singapore left Malaysia and became a fully independent republic. On separation from Malaysia, the Singapore Government retained its legislative powers, and the Parliament of Malaysia gave up all power to make laws for Singapore. Similarly, the Republic of Singapore Independence Act 1965, passed on 22 December 1965 and made retrospective to 9 August, declared that the legislative powers of the Yang di-Pertuan Agong and Parliament of Malaysia ceased and vested in the president and the Parliament of Singapore respectively.

=== Members of Parliament ===

The Parliament of Singapore is unicameral – all Members of Parliament (MPs) make up a single chamber, and there is no senate or upper house. At present, the effect of the Constitution of Singapore and other legislation is that there can be a maximum of 105 MPs. Ninety-three are elected by the people while up to 12 Non-constituency Members of Parliament (NCMPs) and up to nine Nominated Members of Parliament (NMPs) may be appointed. After the 2020 general election, 93 MPs were elected and two NCMPs were appointed (or, in the terms of the Parliamentary Elections Act, declared elected) to Parliament.

Unlike many legislatures in the world, any legislator who is a Member of Parliament in Singapore (representing either the party in Government or in Opposition) and does not possess a portfolio within the executive Cabinet, is free to hold a full-time occupation in the private sector as well as holding executive, advisory and directorship positions within private-sector companies and non-government organisations. In Singapore, Non-Cabinet MPs are commonly employed in the private sector or even may run their own private business as an entrepreneur. Rules regarding conflict of interest within Parliament, are not defined by Parliamentary codes of conduct but instead the political parties internally define the code of conduct for their representatives within Parliament. Notably, PAP internal rules stipulate that party MPs “should not use their political position to champion the interests of the companies or lobby the Government”. In essence, PAP party rules clearly define that an MP "must not exploit” his public position for either his or her own personal interest or the benefit of his or her own employer.

=== Elected Members ===

As of the 2020 general election, for the purpose of parliamentary elections, Singapore was divided into 31 electoral divisions (also known as constituencies). The names and boundaries of the divisions are specified by the Prime Minister by notification in the Government Gazette. Fourteen of these divisions are Single Member Constituencies (SMCs) and 17 are Group Representation Constituencies (GRCs). GRCs were introduced in 1991 for the purpose of ensuring representation of the Malay, Indian and other minority communities in Parliament. In a GRC, all the candidates must either be members of the same political party or independent candidates standing as a group, and at least one of the candidates must be a person belonging to the Malay, Indian or some other minority community. The president, at Cabinet's direction, declares the electoral divisions that are to be GRCs; the number of candidates (not less than three but not more than six) to stand for Parliament in each GRC; and whether the minority candidates in each GRC are to be from the Malay, Indian, or other minority communities. At all times there must be at least eight divisions that are not GRCs, and the number of Members of Parliament (MPs) to be returned by all GRCs cannot be less than a quarter of the total number of MPs to be returned at a general election.

Each electoral division returns one MP, or if it is a GRC the number of MPs designated for the constituency by the president, to serve in Parliament. A GRC can have a minimum of three and a maximum of six MPs. In other words, a successful voter's single vote in an SMC sends to Parliament one MP, and in a GRC sends a slate of between three and six MPs depending on how many have been designated for that GRC. At present, SMCs return to Parliament 14 MPs and GRCs 79 MPs. All elected MPs are selected on a simple plurality voting ("first past the post") basis. A person is not permitted to be an MP for more than one constituency at the same time.

==== Non-constituency Members of Parliament ====

Non-constituency Members of Parliament (NCMPs) were introduced in 1984 to ensure the representation in Parliament of a minimum number of MPs from a political party or parties not forming the Government. The number of NCMPs in Parliament is 12 less the number of opposition MPs elected.

To be eligible to become an NCMP, a candidate must have polled not less than 15% of the total number of valid votes in the electoral division contested by him or her. The unelected opposition candidate who receives the highest percentage of votes is entitled to be declared the first NCMP, followed by other opposition candidates in descending order according to the percentages of votes polled by them. If any candidates have an equal percentage of votes and the number of such candidates exceeds the number of NCMPs to be declared elected, the NCMPs are determined as follows:

If all the candidates are from the same group of candidates nominated in a GRC, the Returning Officer overseeing the election in the relevant electoral division will inform the group of the number of candidates in the group to be declared elected as NCMPs. The members of the group must determine among themselves who shall be elected and inform the Returning Officer within seven days.

In other cases, or if the Returning Officer is not notified of a decision by the group of candidates referred to in the preceding paragraph, the Returning Officer will determine the NCMPs to be deemed elected by drawing lots.

Following the 2020 general election, since ten opposition MPs were elected to Parliament, the law provides for up to two NCMPs to be declared elected. The seats were taken up by Hazel Poa and Leong Mun Wai of the Progress Singapore Party, who were part of the team that contested in West Coast GRC in the election and were the best performing opposition candidates that did not win in their constituency.

==== Nominated Members of Parliament ====

In 1990, the Constitution was amended to provide for the appointment of up to nine Nominated Members of Parliament (NMPs) to Parliament. The change was prompted by the impression that the existing two Opposition MPs had not adequately expressed significant alternative views held outside Parliament, and that the scheme would allow the Government to take advantage of the expertise of Singaporeans who were not able or prepared to take part in elections and look after constituencies.

Formerly, within six months after Parliament first met after any general election, it had to decide whether there would be any NMPs during the term of that Parliament. With effect from 1 July 2010, such a decision became unnecessary as NMPs were made a permanent feature in Parliament. A special select committee of Parliament chaired by the Speaker of Parliament is established, and invites the general public to submit names of persons who may be considered for nomination by the Committee. From these names, the special select committee then nominates not more than nine persons for appointment by the president as NMPs. The persons to be nominated must have rendered distinguished public service, or have brought honour to Singapore, or have distinguished themselves in the field of arts and letters, culture, the sciences, business, industry, the professions, social or community service or the labour movement; and in making any nomination, the special select committee must have regard to the need for NMPs to reflect as wide a range of independent and non-partisan views as possible. Subject to rules on the tenure of MPs in general, NMPs serve for a term of two and a half years. The first two NMPs sworn in on 20 December 1990 were cardiologist Professor Maurice Choo and company executive Leong Chee Whye.

NMPs can participate in all parliamentary debates, but cannot vote on any motion relating to:<ref>Constitution, Art. 39(2).</ref>