article constitution singapore article constitution republic singapore guarantees persons equality law equal protection law article identifies forbidden classifications religion race descent place birth singapore citizens specific reasons example discrimination classifications prohibited appointment office employment public authority administration law relating establishing carrying trade business profession employment persons unable forbidden classifications applies try argue members group defined law way general guarantee equality equal protection succeed establish classification law fails rational test stage test formulated courts stage test involves examination law classes individuals second stage court considers founded distinguishing feature finally basis bear reasonable relation object statute test classification satisfy test object law illegitimate rational test currently applied singapore inclusive classifications remains seen local courts consider approaches issue tier system scrutiny applied united_states analysis applied united_kingdom areas human rights law approach taken judges india malaysia rational test apply statute treats persons equally alleged authorities applied statute manner instead modified rational test requires court consider reasonable state action taken object law absent action amounts intentional arbitrary discrimination intentional systematic discrimination insufficient inequality occurs substantial scale addition arising reasonable administrative policy mere errors judgment insufficient constitute violation article article constitution provides article prohibit provision regulating personal law provision practice restricting office employment connected affairs religion institution managed group religion persons religion text article article constitution republic singapore entitled equal protection reads follows persons equal law entitled equal protection law authorised constitution shall discrimination citizens singapore ground religion race descent place birth law appointment office employment public authority administration law relating acquisition holding disposition property establishing carrying trade business profession employment article prohibit provision regulating personal law provision practice restricting office employment connected affairs religion institution managed group religion persons religion decision court appeal regarded concept equality component wider doctrine rule law traced origin 40th article states sell deny delay right justice article constitution bears strong resemblance fourteenth amendment united_states constitution prohibits state denying person jurisdiction equal protection laws article constitution india bars state denying person equality law equal protection laws territory india article identical article constitution malaysia adopted following singapore independence malaysia attorney general high_court noted concept equality law derived english common law requires classes persons equally subject law concept equal protection law stems guarantees procedural substantive equality court said seen equality law equal protection law different aspects doctrine equal justice expresses principle equal classes persons law second positive aspect principle reaches invoked strike unequal laws administrative executive action unconstitutional void classification forbidden classifications article constitution prohibits discrimination singapore citizens unlike article applies persons ground religion race descent place birth following situations law appointment office employment public authority administration law relating acquisition holding disposition property establishing carrying trade business profession employment word raises possibility discrimination basis grounds combination factor age state health article subject express contrary authorization constitution article legislature ensure members indian minority communities represented parliament law create voter casts ballot team candidates minority community article provision enacted parliament article void article provision rescued potential article government constitutional mandate exercise functions way recognize special position indigenous people singapore government responsibility protect safeguard support foster promote political educational religious economic social cultural interests language constitution requires legislature enact legislation regulate muslim religious affairs establish council advise president concerning matters relating islam legislation question classifications rational test persons avail protection afforded article try argue member group defined law way article rational test known doctrine reasonable classification stage test formulated courts determine manner law group persons equality guaranteed provision relative absolute concept require persons treated alike persons like situations treated alike consequently law classes persons valid constitutional provided difference circumstances factor legislature adopts circumstances purely arbitrary bears reasonable relation legislative object law relationship difference legislation unconstitutional invalid history supreme_court united_states test determine classification stating classification rest real substantial distinction bearing reasonable relation things respect classification based principle subsequently formulated stage test determine classification law constitutional relevant stages classification founded rational relation object sought achieved law question later adapted rational test including additional preceding stage law stage inquiry accepted singapore case public prosecutor stages test test currently followed singapore expressed comprising stages law different treatment classes individuals founded distinguishing feature basis bears reasonable relation object statute purpose test ensure right equal protection upheld guarding forms individuals class share common features classified secondly treatment persons falling class arbitrary lastly basis classification arbitrary bear reasonable relationship object executive action stages rational test directly address forms law stages test found valid constitutional stage law stage test considers law different treatment group individuals groups example high_court decision public prosecutor judge found differentiated classes people renders persons open criminal prosecution singapore offences committed outside singapore earlier cases expressed stage test determination law warned confusing concepts discrimination law draws groups people law executive act hand article unconstitutional mere finding measure stage necessarily law stages taken consideration statute contain measure good law objection fails measure found strong constitutional legislature necessarily wide power classification making laws operate differently different groups people order effect policy law arbitrary suggesting examples helpful presumed parliament knows best people experienced making laws directed societal problems based adequate grounds necessary person challenging law material factual evidence enacted operated stage second stage rational test looks basis founded distinguishes grouped left outside group satisfy second stage basis classification persons law share common identifying mark borne examples features include gender age race religion professional qualification area residence feature accepted courts singapore citizenship person object characteristics peculiar found persons objects constitute classification consistent means identifying persons treated differently arbitrary law invalid arbitrary sense necessary proceed stage equality article require persons treated alike persons like situations treated alike similarly failing treat differently persons situations significantly different amounts inequality second stage question considered persons falling class treated equally article prohibits laws require individuals single class treated harshly law unconstitutional persons equally persons equally courts found stage satisfied statute citizens equally liable prosecution non citizens equally immune second stage test found satisfied members witnesses found violation societies act treated equally stage reasonable relation statutory objective stage necessary firstly object statute secondly basis particular class reasonable means achieving object essence test reasonable taking consideration object statute distinguish persons selected basis necessary ask particular class object statute law arbitrary basis discrimination rational relation object sought achieved statute declared valid constitutional challenged conviction corruption ground section prevention corruption act extends effect act corrupt acts singapore citizens non citizens occurring outside singapore citizens violated article held distinction drawn section citizens non citizens abroad valid reasonable means achieving act object address acts corruption taking place outside singapore affecting events exclusion non citizens section observes international sovereignty nations criticisms test legislative objectives equal protection cases purpose law classification judged purpose law explicitly stated court conclude legitimate public purpose assume legitimate public purpose refuse look draw purpose law explicitly stated court accept face value challenge integrity legislative declaration looking explicit purpose determine true purpose situation concerned character legislation need identify legislative purpose said involve court aspects judicial review accept legislative face value challenge legislative integrity push express statement realms court judgment purity legislative motive determine legitimacy end step necessary rational test test based legislative object violation constitution object statute illegitimate classification invalid test test applicable object legislation proper india solution means approach constitutional promise equality learned justice noted essential element equality article equivalent singapore article starting point went assert procedure right fair arbitrary judge spoke dynamic approach equality subjected narrow approach liberal approach courts latitude deal legislation backed arbitrary objectives cited approval malaysia learned judge tan unclear test applied singapore case law matter problem encountered applying rational test occurs legislative classification fails embrace persons objective sought achieved law hand occurs classification persons legislative objective persons outside currently tolerated singapore rational test classification bear rational relation legislative objective notwithstanding persons object requires argued results different treatment persons like situations article rational connection exists classification adopted legislative object effect inclusive classification accord different treatment persons similarly placed courts justified ground legislature free recognize degrees harm restrictions cases need felt greatest advance policies step step despite resort legislative wisdom justify result equal protection guarantee provided article similarly inclusive classification concerned rational relation exists adopted legislative object tolerated rational test singapore effect inclusive classification accord similar treatment persons differently placed courts nonetheless justified ground situation require classification supreme_court case united_states example principle following japanese attack pearl harbor december president issued executive order requiring things persons japanese ancestry designated military area place residence hours report authorities register removal military area defendant convicted violating registration requirement order arguably inclusive distinguish japanese americans loyal respect evidence court noted citizens solely basis ancestry nature free people institutions founded doctrine equality war japan race based classification bore rational relation aim order protect sabotage war materials utilities areas believed danger japanese invasion air attack court said close eyes fact demonstrated experience time war residents having ethnic invading enemy greater source danger different ancestry high_court view section inclusive apply citizens permanent residents foreigners working government received bribes acts singapore hand catch singapore citizen foreign permanent resident employed foreign country foreign government received bribe relation transaction singapore reason found section unconstitutional classification section objective reasonable justify article high_court decision reversed held fatal need observe international case enactment provision need seamless perfect cover demand impractical impossible section deemed irrelevant constitutional issue provision applied equally singapore citizens applications rational test rational test applied public prosecutor high_court faced issue failure prosecute drug enforcement authorities case amounted discrimination persons eventually charged drug trafficking court found perfectly rational operations socially desirable objective containing drug trade state agents carried covert operations result illicit drug suppliers enforcement agencies exercise attorney general discretion executive act satisfied rational test article constitution public prosecutor determine validity factor prescribed legislature distinguishing different classes offenders sentencing purposes case factor found drugs act stipulated accused trafficking grams heroin result facing mandatory death penalty conviction following previous decision public prosecutor applied court applied rational test found bore reasonable relation social object court noted quantity addictive drugs broadly quantity addictive drugs brought illicit market broadly scale operations drug dealer broadly harm likely posed society crime cited case test applied substantially similar alternatives rational test jurisdictions courts applied standards judicial review rational test singapore deciding law unconstitutional remains seen approaches adopted locally scrutiny united_states justice opined legislation aimed minorities lack normal political process standard judicial review applied present united_states different levels scrutiny firstly law basis race national origin regarded suspect classifications fundamental right strict scrutiny applied accordingly law unconstitutional narrowly tailored serve compelling government interest addition restrictive alternative available achieve compelling interest secondly law basis gender legitimacy similar quasi suspect classifications intermediate scrutiny applied law unconstitutional substantially related important government interest finally traditional rational basis review applied law non suspect basis case law constitutional long reasonably related legitimate government interest malaysian bar government malaysia referred strict scrutiny approach asserted reality different traditional rational standard proceeded apply court endorsement strict scrutiny ambiguous government malaysia held act concerned economic social welfare fundamental rights trial judge applying standard review court endorsed application strict scrutiny test cases concerning fundamental rights malaysia criticisms scrutiny analysis compelling reason adoption arguably control judicial discretion identification classifications suspect quasi suspect non suspect involves balancing public private interests political social interests test test english law applied determine fundamental right appropriately restricted legislation limbs legislative objective sufficiently important justify limiting fundamental right measures designed meet legislative objective connected means right necessary accomplish objective suggested analysis better equality compared american scrutiny approach limb test serve strike inclusive classifications currently tolerated rational test test appeared suggest rational test applied article indian constitution guarantees equality law equal protection law led narrow interpretation provision held article narrowly pillar foundation rested view principle essential element equality non article like brooding test applied article malaysian constitution cases later rejected court noted cases subsequent reasonable classification test applied furthermore equality article mean absolute equality assures right equal treatment individuals similar circumstances rational test needed determine law applies equally persons group integral article application laws traditional rational test inappropriate issue existence classification statute application neutral statute statute inevitably pass test answer legislation question different classes persons stage test negative attorney general judge appeal delivering judgment applied modified form test holding question reasonable state action objective achieved law relied principles set cases howe chief chief drawing following points executive act unconstitutional amounts intentional arbitrary discrimination intentional systematic property breach article constitution absolute equality arising application reasonable administrative policy mere errors judgement sufficient constitute violation article need substantial scale violate article expressed view approach leaves room judicial important question intentional arbitrary discrimination test implies lack sole test proving executive act article possible test test need prove absence excessively satisfy compared reasonable classification test intentional arbitrary discrimination test reasonable classification test apply executive acts restrictions right equality equal protection article constitution provides article prohibit provision regulating personal law provision practice restricting office employment connected affairs religion institution managed group religion persons religion personal law law governing person family matters high_court identified number personal laws including succession act apply muslims regulations prisons regulations respectively state jewish prisoners claim exemption working saturdays observe certain festival days allowed government muslim prisoners fast work reduced period number private acts establishing religious organizations membership governing boards persons respective religions instance person appointed hindu religious charitable hindu similarly member central board manages temples singapore faith article internal security act fundamental liberty provisions constitution including article reference article article enacted parliament reverse effect minister home affairs court appeal expressed view sections act violated article constitutional provisions article constitution prohibits discrimination citizens singapore ground religion race descent place birth administration public educational institutions particular regards admission students payment fees providing financial aid public funds maintenance education students educational institution provision stated prejudice article article declares religious groups right establish maintain institutions education children provide religious instruction institutions discrimination ground religion laws relating institutions administration laws article states persons government service grade treated regardless race subject terms conditions employment provisions constitution constitution establishes procedure ensuring statutes contain measures measures racial religious community bills passed parliament non elected advisory body called report speaker parliament view clause bill contains measure adverse report parliament amendments bill council approval decide present bill president nonetheless provided parliamentary motion action passed thirds members parliament rendered adverse reports set cases supreme_court india singapore law reports reissue appeal singapore malaysian bar government malaysia supreme_court malaysia malaysia public prosecutor high_court singapore public prosecutor singapore archived original april attorney general singapore attorney general singapore works constitution republic singapore reprint baker aaron proportional strict scrutiny suspect classifications model article law public law joseph equal protection laws articles equal protection laws malaysia india lee equal protection sexual orientation low maintenance equality study maintenance provisions low maintenance equality effects equal protection malaya comparative study models equality comparative law review archived original december september section equal protection singapore books equality law article constitution federation malaya unpublished thesis singapore faculty law tan fundamental liberties introduction singapore constitution singapore isbn tan right equality equal protection constitutional law malaysia singapore 3rd singapore isbn equality law treatise singapore constitutional law singapore isbn
Article 12 of the Constitution of Singapore