Wong Souk Yee v AG [2019] SGCA 25 new concepts. 33 Article 49(1), when read in the context of the other relevant provisions of the Constitution, in particular, Art 39A and Art 46, does not clearly express the intention that Art 49(1) was meant to apply to seats in a GRC. 34 On the one hand, the words of Art 49(1) are wide enough to include the seats of GRC Members, which may suggest that this provision was intended to apply to seats in a GRC. The phrase “seat of a Member” in Art 49(1) is qualified only by the words “not being a non-constituency Member”; it does not draw a distinction between the seats of SMC Members and those of GRC Members. 35 On the other hand, there are other factors which suggest that Art 49(1) was not intended to apply to seats in a GRC. It may be noted that in Art 49(1), the “vacancy” that “shall be filled by election” refers only to the vacancy left in “the seat of a Member”. The directive in Art 49(1) thus presupposes the existence of a vacancy in a particular seat before a by-election has to be called for that seat. 36 Article 39A(1)(a) of the Constitution reads: Group representation constituencies 39A.—(1) The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for — (a) any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates … … 15