21 Malaya L. Rev. 111 (1979)
The Constitution (Amendment) Act, 1979 (No. 10)

handle is hein.journals/sjls21 and id is 117 raw text is: 21 Mal. L.R.

LEGISLATION COMMENT
THE CONSTITUTION (AMENDMENT) ACT, 1979 (No. 10)
The Constitution (Amendment) Act, 1979 (hereafter referred to
as the amending Act) was passed by Parliament on 30 March 1979
and received the President's assent on 26 April 1979 1 It amends the
Constitution of Singapore in six respects. First, the provision for
amending the Constitution is itself amended; secondly the provisions
on the Judiciary are amended to provide for the office of Judicial
Commissioner; thirdly the provisions for the oath of office for Judges
are amended; fourthly, a new provision is introduced concerning re
nunciation of citizenship which differs from the provision of the
Constitution of Malaysia which had previously been applicable in
Singapore; fifthly an anomaly in the Constitution concerning qualifica-
tion for election as President of the Republic is removed; and, sixthly,
the Attorney-General is authonsed to print and publish a single, com-
posite document to be known as the Reprint of the Constitution of
the Republic of Singapore, 1979 which would be a consolidated reprint
of the Constitution of Singapore as amended from time to time and
which would also amalgamate with those provisions of the Constitution
of Malaysia as are applicable in Singapore.
Each of these six aspects of the amending Act will be commented
on separately
(a) Amendment of the process of amending the Constitution
Article 90 of the Constitution provided for the Constitution to
be amended by a law enacted by the Legislature. This resulted in
a very flexible Constitution where (except for Part IIB) the procedure
for amending the Constitution was no different from that of amending
any statute. The amending Act repeals and re-enacts Article 90 and
the new Article 90 now provides that a Bill seeking to amend.
any provision of this Constitution shall not be passed Parliament unless
it has been supported on Second and Third Readings by the votes of not
less than two-thirds of the total number of the Members thereof
The writer offers the following four observations.
First, the amendment of Article 90 to require a special majority
of votes for legislation to amend the Constitution was not unanticipated.
The Constitutional Commission chaired by Chief Justice Wee Chong Jin
in its report of 1966 devoted considerable attention to Article 90.
The Commission, it may be recalled, had proposed three different
methods of amendment and of entrenchment of different parts of the
Constitution.
1 The date of coming into operation was 4 May 1979

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