Israel Judicial Reform [UPSC Notes]

In March 2023, Israel’s Prime Minister Benjamin Netanyahu announced that he would delay his government’s plan to overhaul the country’s judiciary by a month. Prime Minister Netanyahu’s judicial reforms have sparked months of protests, which have recently accelerated. While Netanyahu and supporters of the reforms claim that the plans will restore the balance of power, critics claim that they will undermine the judiciary and pave the road for authoritarianism by making the executive immensely powerful.

In this article, you can read all about the 2023 Israeli judicial reform plans, a topic important for the IAS exam international relations segment.

2023 Israeli Judicial Reforms

Netanyahu’s reforms would bring the following changes:

• To overturn any legislation, a supermajority of the Supreme Court up to 80-100 percent is required.
• A Canadian-style Parliament might overrule a Supreme Court decision with a simple majority.
• Israel’s Basic Laws, which are the equivalent of the Constitution, are immune from judicial review.
• Give lawmakers more say over the appointment of judges.
• Amending corruption laws to deal with two of Netanyahu’s three cases.
• The proposal also includes protection for prime ministers, ministers, and Knesset members “for whatever crime they may commit in regard to their job while in office.”

Why is the government pushing these Bills?  

• Over time, Israel’s political landscape has evolved to the far right. The current administration is the most right-wing in the country’s history, comprising Likud (right­ wing), United Torah Judaism and Shas (ultra­ Orthodox), and Religious Zionism and Jewish Power. 
• The far-right and religious parties have maintained that Israel’s balance between the judiciary, the government, and the legislature has been lost. 
• They are essentially claiming that the judiciary is dominated by liberals and leftists, while the political landscape has turned to the right. The government wishes to exempt religious Jews from conscription in bulk. 
• They have also established legislation prohibiting legal authorities from deposing the Prime Minister as “unfit to rule” (only the Knesset and the Cabinet can depose the leader). 
• Yet, the administration is concerned that the Supreme Court would overturn these measures unless the judiciary’s powers are limited. As a result, the present judicial framework is a hindrance to right-wing parties’ efforts to reconstruct the Israeli state.

Also read: Separation of power in the Indian Constitution.

Why did Mr. Netanyahu back off?

• Protesters said that the legislation will weaken the judiciary and undermine the system’s checks and balances. Mr. Netanyahu is facing many allegations, and the Attorney General has asked him to stay judicial reform.
• The Bills’ opponents included Israel’s reservists as well as its diplomatic community. In response, some military reservists neglected to report, putting pressure on the defence establishment.
• Around the country, spontaneous protests erupted, and Israel’s largest union, with approximately 8,00,000 members, went on strike, grounding planes and closing government buildings, universities, and public areas. 
• Mr. Netanyahu chose to postpone his plans in the face of enormous public outrage.

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