Wong Souk Yee v AG [2019] SGCA 25 question is premised on the proper interpretation of Art 49 of the Constitution. The central question in this appeal is whether a similar duty arises in the context of a vacancy in a Group Representation Constituency (“GRC”). Background Article 49(1) and the introduction of the GRC scheme 2 Article 49(1) of the Constitution reads: Filling of vacancies 49.—(1) Whenever the seat of a Member, not being a nonconstituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force. 3 The proper interpretation of Art 49(1) in the present case is to be approached in the context of the introduction of the GRC scheme. As such, we begin by briefly setting out the broad historical developments pertaining to Art 49(1) and the introduction of the GRC scheme. This will provide the necessary background to the discussion that follows. 4 The drafting history of Art 49(1) was extensively discussed in Vellama at [58]–[72]. For present purposes, it is sufficient to note that Art 49(1) has remained substantively unchanged since its original enactment as Art 33 in 1965, save that: (a) it was renumbered from Art 33 to Art 49; and (b) some other amendments were made as a result of the introduction of non-constituency Members (see Vellama at [60]). At the time of Art 49’s original enactment as Art 33, all electoral divisions in Singapore were SMCs, which, as the name implies, are constituencies represented by a single Member. 2

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