Wong Souk Yee v AG [2019] SGCA 25 Constitution. On this basis, the Appellant suggests that voters have a right to representation in Parliament founded on the basic structure of the Constitution, and that this basic structure includes the right to be represented by the full slate of elected Members returned at each general election. The Appellant thus suggests that a single vacant seat in MYT GRC results in a state of affairs which violates the Constitution and so must be rectified to ensure that all the seats in MYT GRC are filled until the dissolution of Parliament. 77 It must first be noted that in Yong Vui Kong, we expressly refrained from determining whether the basic structure doctrine laid down in the seminal decision of the Supreme Court of India in Kesavananda Bharati v State of Kerala AIR 1973 SC 1461 forms part of Singapore law, and even if it does, what its extent or effect would be. It was unnecessary to do so on the facts of Yong Vui Kong because “in order for a feature to be considered part of the basic structure of the Constitution, it must be something fundamental and essential to the political system that is established thereunder”, and we were satisfied that the right contended for in that case did not possess those characteristics (see Yong Vui Kong at [71]–[72]). 78 It is similarly clear in the present case that even if the basic structure doctrine does apply in Singapore, the right as framed by the Appellant would not form part of that basic structure. The Appellant’s contention, taken to its logical conclusion, implies that the GRC scheme as conceived by Parliament is inconsistent with the basic structure of the Constitution. Even if the right to representation forms part of the basic structure of the Constitution, it does not follow that there is a particular form of representation that is “fundamental and essential” to the Westminster model of government such that it cannot be departed from. In our judgment, there is nothing in principle that would prevent Parliament from devising the GRC scheme in such a way that a GRC could be 33

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