tag:blogger.com,1999:blog-23918539.post2135144341457664373..comments2024-03-28T19:36:57.112-07:00Comments on Article 14: Is the Constitution redundant?Subrahttp://www.blogger.com/profile/03684598463650484746noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-23918539.post-85359498525074466802008-07-31T01:32:00.000-07:002008-07-31T01:32:00.000-07:00La Nausee>- you raise a very good point.But, I...La Nausee>- you raise a very good point.<BR/>But, I would disagree with the interpretation that the phrase 'become vacant' in Art 49ought to be limited to the circumstances under which a seat becomes vacant as stipulated in Art 46(2).<BR/>On a very literal reading, Art 46(2) mandates that the seat of a MP would become vacant under the circumstances listed from (a) to (g). You are right in pointing out that 'death' is not listed expressly as a circumstance.<BR/><BR/>Firstly, I would contend that the interpretation of Art 49 should not be limited by the circumstances listed at Art 46. Article 49 deals with the vacation of a parliamentary seat other than via dissolution of Parliament. I would argue towards an interpretation that the vacation of a seat through death is a situation where the seat becomes vacant otherwise than through dissolution of Parliament.<BR/><BR/>But, I have to concede that there is sufficient room for the argument that Art 46 should be seen as a provision limiting the circumstances under which a seat becomes vacant and therefore those limited circumstances would apply to Art 49. I suspect that any constitutional support for the government's position can only arise from such an interpretation.<BR/><BR/>Secondly, I would contend that even if Art 46 is capable of subjecting Art 49 to a narrow construction, 'death' can be subsumed under either Art46(2)(a) or (b). Death is not specifically listed under Art 46(2). But a deceased person would cease to be a citizen of Singapore. Similarly a deceasaed person would cease to be a member of the political party for which he stood in an election.<BR/>As a natural consequence of his death the two circumstances are triggered. <BR/><BR/>I would venture therefore that Article 49 is still triggered and an election is mandated. <BR/><BR/>mica> on the issue of the timing of an election for the vacant seat, it is true that Art 49 does not specify when it should be held. However, since Art 49 deals with the seat becoming vacant other than through the dissolution of parliament, it would be logical to argue that the by-election should be held before the next general election. The general election would in any event take place when parliament is dissolved and the constitution could not have intended that the filling of the vacancy could be postponed to such a late date that it coincides with the general election. Such an interpretation would render Art 49 irrelevant.<BR/><BR/>Anon> The Hungry Ghost reference was brilliant. :-) Don't forget that our neighbours up north had lots of dead voters on their electoral register. Talk about a ready supply of compliant voters. :-)Subrahttps://www.blogger.com/profile/03684598463650484746noreply@blogger.comtag:blogger.com,1999:blog-23918539.post-65154126467612380342008-07-27T15:52:00.000-07:002008-07-27T15:52:00.000-07:00la nausée, actually point (b) would refer, wouldn'...la nausée, actually point (b) would refer, wouldn't it?<BR/><BR/>he ceased to be a member of the political party for which he stood in the election, by virtue of his death.<BR/><BR/>Besides, point 49 clearly states "become vacant for any reason other than a dissolution of Parliament". This would refer to ANY reason, and not just the reasons listed in 46 only.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23918539.post-20738744622421291612008-07-27T03:46:00.000-07:002008-07-27T03:46:00.000-07:00Wow! Singapore must have the world's highest numbe...Wow! Singapore must have the world's highest number of citizens if dead people can remain as citizens! Another truly uniquely Singaporean act! Turn in your ic to get your death cert but remain a citizen. Well, the hungry ghost month is just round the corner, I say, let them vote!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23918539.post-66095834713763037752008-07-26T06:38:00.000-07:002008-07-26T06:38:00.000-07:00Hi Subra,I'm afraid you may have proceeded on a mi...Hi Subra,<BR/><BR/>I'm afraid you may have proceeded on a misinterpretation.<BR/><BR/>The concept of an elected MP's seat <I>"becoming vacant"</I> referred to in Article 49 appears to be a technical one. It seems that Article 49 must be read in light of Article 46(2), which reads:<BR/><BR/><I><B>(2) The seat of a Member of Parliament shall become vacant —<BR/><BR/>(a) if he ceases to be a citizen of Singapore;<BR/><BR/>(b) if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election;<BR/><BR/>(c) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament;<BR/><BR/>(d) 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;<BR/><BR/>(e) if he becomes subject to any of the disqualifications specified in Article 45;<BR/><BR/>(f) if he is expelled from Parliament in the exercise of its power of expulsion; or<BR/><BR/>(g) if being a nominated Member, his term of service as such a Member expires.</B></I><BR/><BR/>There is no reference to "death" here, and it's quite a stretch to fit "death" within any of the contingencies expressly described above.<BR/><BR/>The conclusion must be that an elected MP dying during his term of office does not amount to that MP "vacating his seat" for the purposes of Article 49.<BR/><BR/>Hence, I think the Government is safe from any accusation of unconstitutionality on this count.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23918539.post-90862141873919484332008-07-24T21:14:00.000-07:002008-07-24T21:14:00.000-07:00I guess for me the best would be for the remaining...I guess for me the best would be for the remaining members to step down so a by-election can be held as required.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23918539.post-75303664224806719192008-07-24T21:11:00.000-07:002008-07-24T21:11:00.000-07:00Don't know whether it might be too far-fetched but...Don't know whether it might be too far-fetched but is it possible to argue that the Constitution only states that the vacant seat must be filled by election but doesn't say when the election must be held? <BR/><BR/>So as long as no one is 'appointed' to the seat and it is filled during the next general election (assuming no walkover) then the Constitution is upheld.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23918539.post-4139221198615353862008-07-24T20:35:00.000-07:002008-07-24T20:35:00.000-07:00It's possible to argue that Article 4 of the Const...It's possible to argue that Article 4 of the Constitution might form a reasonable defence against legislation that has contravened the spirit of the Constitution. <BR/><BR/>However, Parliament seems to be the dominant one out of the three, and hence Singaporeans tend to view things from the Legislative/Executive point of view, and most often than not, fail to understand the Constitutional ramification.. <BR/><BR/>But it's good to point it out anyway..Anonymousnoreply@blogger.com