An Overview of the 2023 Israeli Judicial Reforms

The proposed reforms by Prime Minister Netanyahu entail the following changes:

• The Supreme Court would require a supermajority of up to 80-100 percent to overturn any legislation.
• A Parliament similar to the Canadian model could overrule a Supreme Court decision with a simple majority.
• Israel’s Basic Laws, akin to a Constitution, would be immune from judicial review .
• Lawmakers would have more influence over the appointment of judges.
• The corruption laws would be amended to address two of Netanyahu’s three cases.
• The reform proposals also include legal protections for prime ministers, ministers, and members of the Knesset for any crimes committed in relation to their official duties.

The government is pushing for these reforms due to the following reasons:

• Israel’s political landscape has gradually shifted to the far right. The current administration is the most right-wing in the country’s history.
• The far-right and religious parties contend that the balance between the judiciary, the government, and the legislature has been disrupted.
• They argue that the judiciary is dominated by liberals and leftists, which is in stark contrast to the political shift to the right.
• The government wishes to introduce legislation that would exempt religious Jews from conscription.
• They are also seeking to prohibit legal authorities from deposing the Prime Minister as “unfit to rule.”
• However, they fear that the Supreme Court may overturn these measures unless the judiciary’s powers are curtailed.

Also read: The Doctrine of Separation of Power in the Indian Constitution .

Despite the strong push for these reforms, Mr. Netanyahu decided to back off. Here’s why:

• Protesters voiced concerns that the proposed legislation would weaken the judiciary and undermine the system’s checks and balances.
• The opponents of these Bills included not only the general public but also Israel’s reservists and its diplomatic community.
• Several spontaneous protests broke out across the country, and Israel’s largest union went on strike, leading to a shutdown of government buildings, universities, and public spaces.
• Given the massive public backlash, Mr. Netanyahu decided to postpone his plans.