Academia: Meaningful ruling by the Court of Appeal explains PM’s right to call for a by-election

On 5 July 2013, the Court of Appeal ruled that the Prime Minister must call an election to fill a seat vacated by an elected Member of Parliament. Commenting on the issue, SMU Assistant Professor of Law Jack Lee said that the decision shared that the Government did not have a correct understanding of Article 49 of the Constitution. However, as the ruling did not specify a timeframe for the Prime Minister to call for a by-election, Assistant Prof Lee felt that only by looking at other similar cases would we be able to get clarity on the conditions under which the Court of Appeal will view the by-election delay as an intentional move by the Prime Minister. SMU Associate Professor of Law Eugene Tan said that the ruling was not a game-changer as it only served to clarify matters. He added that the ruling showed that important principle that even the Prime Minister does not have “absolute power” when it comes to by-election decisions. 

Source
Lianhe Zaobao