page_title: By-elections in Singapore
section_title: Non-constituency Members of Parliament
hierarchical_section_title: By-elections in Singapore / Filling of casual vacancies / Non-constituency Members of Parliament
caption_attribution_description: English: Gerald Giam with members of the Workers&#39; Party of Singapore who contested East Coast Group Representation Constituency during the Singaporean general election, 2011, at a rally at Bedok Stadium.
context_page_description: By-elections in Singapore are elections held to fill seats in the Parliament of Singapore that fall vacant in between general elections, known as casual vacancies. In the past, the Government of Singapore took the position that the Prime Minister had discretion whether or not a by-election should be called to fill a casual vacancy in a Single Member Constituency, and could leave a parliamentary seat unfilled until the next general election. However, in the case of Vellama d/o Marie Muthu v. Attorney-General, which arose from a vacancy in Hougang Single Member Constituency, the Court of Appeal held that the Constitution of Singapore obliges the Prime Minister to call a by-election unless a general election is going to be held in the near future. However, a by-election need only be called within a reasonable time, and the Prime Minister has the discretion to determine when it should be held.
  The law provides that a by-election need only be called in a Group Representation Constituency if all the Members of Parliament in the constituency vacate their seats.
context_section_description: Non-constituency Members of Parliament ("NCMPs") are candidates at a general election who failed to win parliamentary seats, but who are later declared to have been elected into Parliament as the "best losers". To be eligible to be NCMPs, candidates must have attained at least 15% of the valid votes in the respective wards that they contested in. The number of NCMPs declared to be elected is nine less the number of opposition MPs who are returned to Parliament.
  Article 49(1) of the Constitution provides that "whenever the seat of a Member, not being a non-constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election ..." (emphasis added). Thus, on a plain reading, the Article precludes the holding of by-elections to replace NCMPs who have vacated their seats. Article 49(2)(b) states that the legislature may enact a law to provide for "the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament", but there is currently a dearth of such a law. In Vellama, the High Court said it was "clear that non-constituency Members can only be declared elected under the Parliamentary Elections Act", which suggests that at present NCMPs may only be appointed following general elections.
caption: Gerald Giam, an NCMP during the 12th Parliament of Singapore, at a Workers' Party rally for the 2011 general election. NCMPs are only declared elected at general elections, and the law currently does not provide for casual vacancies arising in NCMPs' seats to be filled.
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