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A legal overhaul plan by Netanyahu has led to Israel erupting in protests

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Vivek Mishra
Vivek MishraMar 29, 2023 | 14:13

A legal overhaul plan by Netanyahu has led to Israel erupting in protests

Hundreds of thousands of people came out on the streets in Tel Aviv and other Israeli cities making it the country's worst domestic crisis ever. (Photo: AP)

After mass protests across the country over the proposed contentious judicial overhaul, Israeli Prime Minister Benjamin Netanyahu has delayed the plan and said he wants "to avoid civil war".

Netanyahu acknowledged the deep divisions in the country and said he was hitting the pause button "to prevent a rift in the nation." "When there's an opportunity to avoid civil war through dialogue, I, as Prime Minister, am taking a timeout for dialogue," he said.

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Since the beginning of 2023, Israel has been facing protests over the government's plans to change the way the judicial system works. But these protests intensified in March and Israelis from different sections of the society including military reservists and even his ministers have come out against Netanyahu.

Hundreds of thousands of people came out on the streets in Tel Aviv and other Israeli cities making it the country's worst domestic crisis ever.

What are the proposed judicial reforms?

Israel's judicial reforms have four parts: the override clause, removing the "reasonability test," appointing judges, and legal advisers.

The proposed judicial reforms would curtail the authority of the Supreme Court and give politicians greater powers over the selection of judges. The judicial overhaul, if it happens, would give the Israeli parliament, the Knesset, and the ruling party, and the PM more control over Israel's judiciary.

The reforms are on how judges will be selected, and what are laws the Supreme Court can rule on. But the overhaul also mentions giving parliament the power to overturn Supreme Court decisions. The parliament would be able to override Supreme Court decisions with a majority of 61 votes out of the 120-seat Knesset.

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Under the government's plans, the power of the Supreme Court to review or throw out laws would be weakened. The SC would no longer be able to judge Knesset legislation, appointments, or other government decisions.

Under the new laws, ministers would not be required to obey the advice of their legal advisers. These legal advisers are guided by the Attorney General of the country and till now the minister had to listen to their advice.

The backlash and protests

The judiciary system in Israel has always been independent and plays a vital role in upholding the rule of law in the country. The plans of this large-scale overhaul led to Israelites coming out in large numbers in the streets. While business leaders, politicians, intellectuals, and former security chiefs have all come out against the plan, fighter pilots and military reservists have threatened not to report for duty.

Netanyahu and his ultranationalist and religious allies in the parliament had presented the proposal in January just days after forming their government.

The protests have been mostly spearheaded by the Opposition leaders but the support it has got is unprecedented. (Photo: AP)

Protesters have called for the reforms to be scrapped and asked PM Netanyahu, who is on trial on corruption charges, to resign. The protests have been mostly spearheaded by the Opposition leaders but the support it has got is unprecedented.

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Israel's main trade union, the histadrut, declared a general strike in what it said was the first time it has carried out such an action over a political issue, reported AP.

And after Netanyahu abruptly fired Defense Minister Yoav Gallant, the demonstrations ramped up across the country. Gallant had urged the prime minister to put his plan on hold, citing concerns about damage to the Israeli military.

 

Who is right?

While the PM's opponents say the reforms in the judiciary would damage the country's system of checks and balances by concentrating power in the hands of his allies, Netanyahu has argued that the overhaul is needed to rein in a liberal and overly interventionist court of unelected judges.

Critics say Netanyahu is pushing for the judicial overhaul forward because of his own ongoing corruption trial and that his allies will appoint judges they know will rule in the PM's favor.

The override clause and the bill which makes declaring the PM unfit for office more difficult are the parts that are really problematic and are causing a huge uproar.

The override clause in the proposed reforms would give the Israeli parliament the power to pass laws previously ruled invalid by the court, which means the Knesset can override Supreme Court decisions.

Critics say Netanyahu is pushing for the judicial overhaul forward because of his own ongoing corruption. (Photo: Reuters)

Another bill, now voted through, makes it more difficult for a sitting PM to be declared unfit for office, restricting the reasons to physical or mental incapacity and requiring either the PM themselves, or two-thirds of the cabinet, to vote for such a declaration, reported CNN.

Netanyahu hits back at Biden

After US President Joe Biden said that he hoped Netanyahu would abandon judicial changes, the  Israel PM has hit back saying Israel is a sovereign country that does not make decisions based on pressures from abroad.

 

"Israel is a sovereign country which makes its decisions by the will of its people and not based on pressures from abroad, including from the best of friends," Netanyahu said on Wednesday.

"I have known President Biden for over 40 years, and I appreciate his longstanding commitment to Israel," Netanyahu said.

Last updated: March 29, 2023 | 15:50
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