Despite strong opposition from political parties and unending protests by Israelis, Prime Minister Benjamin Netanyahu’s right-wing government pushed ahead with a bill to overhaul the judiciary a few weeks ago. The Knesset passed the highly controversial bill, which contains extensive proposals to curtail the power of the Supreme Court in nullifying the government’s actions and decisions. This bill is seen as a highly politicised move of the ruling far-right coalition, which is determined to clip the judiciary’s wings. Protesting opposition members left the Knesset plenum and boycotted the voting.
Netanyahu and his allies have argued that the bill is a much-needed corrective to moderate unwarranted judicial activism. Right-wing politicians have long argued that the judiciary interferes too much with legislation, is biased in support of liberal issues and undemocratic in how judges are selected. With a slim majority, Netanyahu and his coalition allies in the Knesset successfully passed the bill after compromise negotiations with the opposition failed. Protesters surrounded the Knesset and clashed with security forces.
Israelis have been on the streets since January this year, protesting against this bill which they believe undercuts the checks and balances built over the years to sustain a healthy democracy. Israel’s steadfast ally, the USA, has cautioned Israel that the judicial reforms, without an overwhelming consensus, would adversely impact bilateral ties. Many Israelis view this tussle as critical to the identity of Israel rather than just as a technical issue. They believe their country is slipping into authoritarianism under the Netanyahu government. Israel lacks a written Constitution but follows a charter called the Basic Laws. Without a formal written Constitution, an independent SC is crucial in sustaining a liberal democracy.
Military reservists joined the protests and threatened to stop offering their services if the government went ahead with the bill. Israel has compulsory military service for all adults, with a few exemptions. After service, those not absorbed into the military leave to pursue civilian careers, but many become “reservists” and can be called for military duty during an emergency. Any boycott by the reservists would adversely impact the military’s preparedness and operations.
Liberal and secular Israelis are firmly opposed to right-wing politicians like Netanyahu, whose supporters argue that the Israeli SC is left-oriented and obstructs the working of a democratically elected government. Judges have been accused of being politically motivated. It is alleged Netanyahu’s push for judicial reforms will help him wriggle out of legal challenges posed due to him accepting gifts as PM. Predictably, Netanyahu denied such accusations.
The inability of Israel’s founders to promulgate a written Constitution has contributed to the current political turmoil. For instance, the decision of David Ben-Gurion, Israel’s first PM, to exempt the ultra-Orthodox Jews from military conscription, was meant to be a temporary measure. But it has lasted to this day. The lack of a written Constitution also meant there was no clear distinction between responsibilities, with the SC wading into matters of national security after the adoption of the Basic Laws.
The two million Arab citizens of Israel are also exempt from military conscription. The Israeli SC has not struck this down, ignoring the internationally accepted norm of equality before the law. Israel has been continuously at war with its enemies, compelling the justice system to accommodate national security imperatives at the expense of democratic principles, making Israel a hybrid Jewish-democratic state. The Israeli SC’s “reasonableness” doctrine empowers it to overrule everything, including political and security matters and appointments.
Since its creation in 1948, Israel has been subjected to severe national security challenges like the wars with Arab countries in 1948, 1967, and 1973, and the continuing terrorist attacks. Over the decades, the tussle between liberal and secular Israelis and hardline politicians has brought the contestation into mainstream politics.
Compounding this fundamental divide is another controversial legislation called the Jewish Nation State Law, dubbed as “racist”, barring Israeli citizens of Arab (Palestinian) origin from living in almost half of the country’s small villages and towns. Israel’s human rights campaigners say it aims to give small Jewish communities the power to prevent two million Arab citizens of Israel, almost 20% of the population, from buying or renting homes. There is a subtle twist to this law. The law does not officially allow local committees to reject residential candidates based on race, religion, gender, nationality, disability, class, age, parentage, sexual orientation, country of origin, views or political affiliations. However, a loophole allows committees to reject candidates they deem “inappropriate for the social and cultural fabric” of the community.
The impact of the latest developments will be a more divided society, and this is already encouraging Israel’s enemies to make their moves. The economy may also be negatively affected since the most dynamic sectors of the economy, particularly the tech sector, are led by secular-liberal Israelis. High tech has been Israel’s fastest-growing and most innovative sector. The country’s innovative products in cybersecurity, Artificial Intelligence and various other digital products have had global demand.
Venture capital companies have shown some reluctance to invest owing to the prevailing situation. Many Israelis are considering migrating. Jewish people considering migrating to Israel may also reconsider their decision. Finally, international rating agencies will likely consider downgrading Israel as an investment destination.
Israel’s verbal war with the Iran-backed Hezbollah in Lebanon has escalated, though the cross-border conflict stopped 17 years ago because of mutual deterrence. The Israeli-Hezbollah proxy war has continued in Syria. Israel has blamed Hezbollah for new attacks, and tensions have increased on the Israeli-Lebanon border. Israel views Hezbollah, founded by Iran’s Revolutionary Guards in 1982, as the most potent threat on its northern borders. Both sides have conducted recent war games.
Simmering regional tensions over Iran’s nuclear ambitions and the Israeli-Palestinian violence continue. Israel’s political crisis has encouraged the perception, right or wrong, that Israel is deeply divided and, therefore, weaker. Israel’s ability to deal with its domestic political crisis will be crucial in many ways for the country’s future.
Pinak Ranjan Chakravarty
Former Secretary in MEA and former ambassador. Served as Deputy Chief of Mission in the Indian Embassy in Israel. Visiting Fellow at ORF, Delhi