By Rajvant Kaur and Boo Kok Chuon

As 2024 draws to a close, The Straits Times has selected the declaration of martial law in South Korea as the biggest headline of December 2024. This extraordinary measure by South Korea’s government has sparked global discourse on the balance between national security and civil liberties. It also raises an intriguing question for us in Singapore: Could such a scenario unfold here? Does our legal framework even provide for martial law?

Understanding Martial Law Martial law typically refers to the temporary imposition of direct military control over civilian functions of government, usually in response to emergencies such as war, natural disasters, or civil unrest. Under martial law, normal constitutional processes may be suspended, and rights such as freedom of speech, assembly, and due process can be curtailed.

The Legal Framework

Article 150 of the Constitution In Singapore, the closest equivalent to martial law lies in Article 150 of the Constitution, which provides for the issuance of Proclamations of Emergency. Under this provision, the power to declare an emergency rests with the President, who must be satisfied that a grave emergency exists whereby the security, economic life, or public order in Singapore is threatened. This authority is not exercised arbitrarily; the President acts on the advice of the Cabinet.

Once a Proclamation of Emergency is issued, several key mechanisms come into play:

1. Proclamation: The President can issue a Proclamation of Emergency, which is valid for six months.
2. Parliament: If Parliament is not in session, the President must summon it as soon as possible. During an emergency, Parliament can make laws without requiring presidential assent if necessary.
3. Ordinances: The President can issue ordinances that carry the force of law until Parliament reconvenes.
4. Constitutional Liberties: Constitutional liberties and ordinary legislative processes are largely suspended, with some exceptions. Rights related to religion, citizenship, or language remain intact.
5. Judicial Review: Judicial review is available in all other cases, ensuring that emergency powers are not misused.
6. Presentation: The Proclamation of Emergency and any ordinances issued must be presented to Parliament for transparency and accountability.

Failure to comply with emergency regulations can lead to severe penalties. The President has the authority to prescribe punishments, including fines, imprisonment, or even the death penalty in extreme cases. In the absence of a specific punishment, violators may face a general fine not exceeding $1,000, imprisonment for up to 12 months, or both.

Would Article 150 Amount to Martial Law?

While Article 150 provides the President with significant powers during emergencies, it is not equivalent to martial law. Civilian governance operates under the President’s emergency directives, ensuring a balance of control and oversight. Military involvement, if any, would occur under the direction of civilian authorities. This separation of powers preserves the rule of law and prevents the military from taking over civilian functions.

Could Martial Law Happen in Singapore?

Given Singapore’s strong legal institutions and emphasis on constitutional governance, the imposition of martial law appears highly unlikely. The mechanisms under Article 150 are designed to address emergencies without resorting to military rule. Any attempt to bypass these constitutional safeguards would face significant resistance from both the legal system and the public.

Conclusion

2024 also marked the transition of leadership from Prime Minister Lee Hsien Loong to Prime Minister Lawrence Wong. Such a transition, with minimal disruption to society and the economy, is a testament to the importance of maintaining a corruption-free and strong rule of law—an attribute unique to Singapore.

The declaration of martial law in South Korea serves as a stark reminder of the challenges that nations face during crises. In Singapore, however, the robust provisions under Article 150 of the Constitution ensure that emergencies are managed within a legal framework that respects the rule of law. This balance between security and civil liberties underscores Singapore’s commitment to governance that is both effective and accountable.

As we reflect on the biggest headlines of 2024, this discussion highlights the importance of upholding constitutional principles even in the face of uncertainty. The strength of Singapore’s legal framework remains its greatest asset in navigating the complexities of a volatile world.