The ongoing protests in Israel intensified on Sunday after Prime Minister Benjamin Netanyahu sacked defence minister Yoav Gallant for asking him to halt his controversial plan to overhaul the judicial system.
The Netanyahu government plans to allow a simple majority of 61 in the 120-seat Knesset (Israeli parliament) to override supreme court rulings and allow politicians to appoint justices to the bench, a process that is now carried out by a committee of nine experts.
Protests in the country began in early January after the government announced plans to reform the judicial system. Since then, more and more Israelis have joined agitations against the move across the country.
On March 26, protesters blocked the Ayalon highway, blocking traffic for hours in Tel Aviv.
Crowds also broke through the security cordon outside Netanyahu’s residence in Jerusalem to protest.
The proposal
Israel does not have a formal constitution. A set of regulations, known as Basic Laws, guide the functioning of the government. In effect, these rules serve as the constitution.
The Supreme Court has the right to strike off legislation it deems to be in contravention of the Basic Laws.
A committee of nine experts appoints the judges.
The government’s critics apprehend that the proposed changes would weaken the independent judiciary’s power in a parliamentary system in the absence of any other checks and balances.
There is fear that the new dispensation could ultimately go for the full annexation of the occupied West Bank, and roll back LGBTQ+ legislation, as well as laws protecting women and minorities’ rights.
The new Incapacitation Law, recently passed by 61 votes to 47 in the 120-seat Knesset, prevents a prime minister from being declared unfit to hold office by the attorney general.
It stipulates that only the prime minister or three-quarters of the cabinet can declare him unfit to hold office.
Netanyahu’s trial triggered four years of political crisis, splitting opinion among voters over whether he was fit to lead the country.
But there is apprehension that several bills put forward by the government would restrict the court’s ability to overturn laws it sees as unconstitutional, as a simple majority in the Knesset could reject its decision.
Why now?
Since 2019 Israel has had five elections but none could provide a stable government. Last November, Netanyahu’s Likud party won a majority and formed a government with the most right-wing coalition in Israeli history.
From the time the new dispensation came to power, it wanted to curb the power of the judiciary.
A group of Israeli academics wrote an open letter supporting the government's move as they feel the judiciary has grown too powerful.
But the majority of Israelis think otherwise. A survey showed 66 percent of people want the Supreme Court to have the power to strike down bad laws.
They also fear that curbing the power of the judiciary would lead to majoritarian rule, where the minority — especially Palestinians, who form 20 percent of the population, would face serious threats and further marginalisation.
What does the government gain?
Netanyahu is currently on trial for corruption. An overhaul of the judiciary and weakening it suits his political future.
But his government also depends on support from ultra-nationalist settlers and ultra-orthodox Jewish parties.
For the ultranationalist settlers led by Ben Gvir, the proposed judicial changes would open up the opportunity of the annexation of the occupied West Bank and other policies in the settlers' favour.
The ultra-orthodox think a new set of judges appointed by politicians is likely to rule that exemptions to military service, which is a must for all able-bodied Israelis, is not unconstitutional as the Supreme Court now holds.
How Israelis have reacted
The proposals have sparked off massive protests throughout the country over the past three months and are getting bigger with each passing day.
They have also drawn in some of the best-known faces of Israel, including bestselling international author Yuval Noah and former prime minister Ehud Barak, one of the most decorated military leaders of the country.
Many former judges and senior officials from Israel’s security establishment, leading business houses and tech firms, as well as students and teachers from universities and colleges across the country, have all joined the protests as they see it as the biggest threat the country has faced in years.
What next?
Attempts by President Isaac Herzog to bring peace between Netanyahu and his detractors have not worked out so far.
The ongoing political instability in the country, which has also alienated sections of the armed forces, leaves Israel vulnerable to external threats.
But internally, too, it can lead to a civil war-like situation as legislations passed by the Knesset to curtail the judiciary’s power can in turn be struck down by the Supreme Court as going against the Basic Laws.
Netanyahu, whose quest to form the government had led him to the current coalition with right-wing parties, could try to break away and look for new and more moderate partners.
But his track record may not inspire confidence among his political opponents.
If the political paralysis and the tussle between the government and the judiciary continues, then Israel could be forced to go for fresh elections to break the stalemate.
Until that happens Israel could face further polarisation, with right-wing hardliners continuing to dictate terms.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
