Part of a comprehensive analysis of the Maintenance of Religious Harmony Act 1990
All Parts in This Series
Establishment and Composition of the Presidential Council for Religious Harmony
The Maintenance of Religious Harmony Act 1990 (hereinafter "the Act") establishes the Presidential Council for Religious Harmony (the Council) as a statutory body tasked with safeguarding religious harmony in Singapore. Section 3(1) explicitly states:
"A Presidential Council for Religious Harmony is constituted, comprising a chairperson and at least 6 and not more than 15 other members." — Section 3(1), Maintenance of Religious Harmony Act 1990
Verify Section 3 in source document →
This provision exists to ensure a formal and structured body is in place to oversee religious harmony, reflecting the multi-religious fabric of Singapore society. The specified membership range allows for sufficient representation while maintaining manageability.
Further, Section 3(2) mandates that at least two-thirds of the Council members must be representatives of the major religions in Singapore, with the remainder being individuals distinguished in public service or community relations:
"At least two-thirds of the members of the Council must be representatives of the major religions in Singapore and the other members must be individuals who, in the opinion of the Presidential Council for Minority Rights, have distinguished themselves in public service or community relations in Singapore." — Section 3(2), Maintenance of Religious Harmony Act 1990
Verify Section 3 in source document →
This composition requirement ensures that the Council is representative and inclusive, thereby enhancing its legitimacy and effectiveness in addressing religious matters.
Appointments are made by the President on the advice of the Presidential Council for Minority Rights, as stipulated in Section 3(3):
"The chairperson and every member of the Council are to be appointed by the President, on the advice of the Presidential Council for Minority Rights..." — Section 3(3), Maintenance of Religious Harmony Act 1990
Verify Section 3 in source document →
The involvement of the Presidential Council for Minority Rights introduces a safeguard to ensure appointments are balanced and sensitive to minority interests, reflecting Singapore’s commitment to minority protection.
Section 3(5) and (6) provide mechanisms for revocation and refusal of appointments, with the President retaining discretionary power:
"The President may, after consultation with the Presidential Council for Minority Rights, at any time revoke the appointment of the chairperson or any member of the Council and may, on the advice of the Presidential Council for Minority Rights, appoint any individual to fill any vacancy..." — Section 3(5), Maintenance of Religious Harmony Act 1990
Verify Section 3 in source document →
"The President may, acting in the President’s discretion, refuse to appoint any individual as chairperson or member of the Council or to revoke any such appointment if the President does not concur with the advice or recommendation of the Presidential Council for Minority Rights." — Section 3(6), Maintenance of Religious Harmony Act 1990
Verify Section 3 in source document →
These provisions exist to maintain the integrity and suitability of Council members, ensuring that appointments align with national interests and the sensitive nature of religious harmony.
Functions and Powers of the Council
Section 4(1) outlines the primary functions of the Council, which are twofold:
"The functions of the Council are — (a) to consider and report to the Minister on matters affecting the maintenance of religious harmony in Singapore which are referred to the Council by the Minister or by Parliament; and (b) to consider and make recommendations to the President on restraining orders and directions to extend given to the Council by the Minister under sections 11 and 13, respectively." — Section 4(1), Maintenance of Religious Harmony Act 1990
Verify Section 4 in source document →
The Council acts as an advisory and consultative body, providing expert and balanced views on sensitive religious issues. This function is critical in preempting religious discord and facilitating informed governmental action.
To effectively discharge its duties, the Council is empowered under Section 4(2) and (3) to appoint necessary officers and regulate its own procedures:
"The Council has the power to appoint a Secretary to the Council and any other officers as may be required to enable the Council to carry out its functions under this Act." — Section 4(2), Maintenance of Religious Harmony Act 1990
Verify Section 4 in source document →
"The Council may, subject to the provisions of this Act, regulate its own procedure." — Section 4(3), Maintenance of Religious Harmony Act 1990
Verify Section 4 in source document →
These provisions exist to provide the Council with operational autonomy and administrative support, ensuring it can function efficiently and independently.
Continuity and Legal Protection of Council Members
Section 5(1) addresses the validity of the Council’s actions despite vacancies:
"The Council may, subject to section 4(4), transact its business despite any vacancy among its members." — Section 5(1), Maintenance of Religious Harmony Act 1990
Verify Section 5 in source document →
This provision ensures that the Council’s work is not hindered by temporary vacancies, thereby maintaining continuity in its critical role.
Members and officers of the Council are deemed public servants under the Penal Code 1871, as per Section 6(1):
"Every member or officer of the Council is deemed to be a public servant within the meaning of the Penal Code 1871." — Section 6(1), Maintenance of Religious Harmony Act 1990
Verify Section 6 in source document →
This classification is significant as it subjects members to the legal standards and protections applicable to public servants, reinforcing their accountability and the seriousness of their functions.
Section 6(2) provides legal protection for members acting in good faith:
"Nothing done by any member or officer of the Council in good faith and in the discharge of the powers and functions of the Council renders the member or officer liable to any suit or action." — Section 6(2), Maintenance of Religious Harmony Act 1990
Verify Section 6 in source document →
This immunity exists to enable Council members to perform their duties without fear of vexatious litigation, promoting candid and effective decision-making.
Confidentiality of Proceedings
Section 7(1) mandates the secrecy of the Council’s proceedings:
"Except as provided under section 15, the proceedings of the Council are secret." — Section 7(1), Maintenance of Religious Harmony Act 1990
Verify Section 7 in source document →
This confidentiality is essential to protect sensitive discussions and maintain trust among Council members and stakeholders. It also prevents the escalation of religious tensions that could arise from premature disclosure of deliberations.
Cross-References and Inter-Agency Coordination
The Act integrates with other legislative frameworks and bodies to enhance its effectiveness. Notably, Section 6(1) cross-references the Penal Code 1871 by deeming Council members as public servants, thereby linking their conduct to established criminal law standards.
Additionally, the appointment and revocation processes involve the Presidential Council for Minority Rights, as detailed in Sections 3(2), (3), (5), and (6). This cross-reference ensures that minority interests are considered in the Council’s composition, reflecting Singapore’s commitment to minority protection and social cohesion.
Summary
The Maintenance of Religious Harmony Act 1990 establishes a robust framework through the Presidential Council for Religious Harmony to proactively manage and preserve religious harmony in Singapore. The Act’s provisions concerning the Council’s composition, functions, powers, continuity, legal protections, and confidentiality collectively serve to create an effective and trusted institution. The cross-references to other Acts and bodies further reinforce the Council’s legitimacy and operational capacity.
Sections Covered in This Analysis
- Section 3: Establishment and Composition of the Council
- Section 4: Functions and Powers of the Council
- Section 5: Validity of Council’s Actions Despite Vacancies
- Section 6: Public Servant Status and Legal Protection of Members
- Section 7: Confidentiality of Proceedings
Source Documents
For the authoritative text, consult SSO.