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Explained: How Netanyahu's proposed judicial reforms are pushing Israel to the cusp of a civil war

Netanyahu sacked his Defense Minister for speaking against the reforms

AP03_27_2023_000007B Israelis protest against Prime Minister Benjamin Netanyahu's judicial overhaul plan outside the parliament in Jerusalem | AP

Israel has plunged into chaos, an unprecedented political crisis triggered by a massive public outrage that threatens to push the country to the brink of a civil war. 

Protests have been rocking the country over the last few months after Prime Minister Benjamin Netanyahu proposed a judicial overhaul plan. However, it peaked on Monday after the premier sacked his own Defence Minister Yoav Gallant for pushing back against the overhaul.  

Thousands took to the streets of Tel Aviv on Sunday, waving Israeli flags and chanting "democratia." They blocked roads and highways and lit fires on the streets as police fired water cannons at the unrelenting crowds.

The demonstrations, which erupted following Gallant's sacking, continue to spread, with even labour unions and universities in Israel joining the stir. Arnon Bar-David, head of the Histadrut labour union, has called for a general strike if the proposals were not halted. The members of the air force and military intelligence reserves too have threatened to ignore call-ups if the legislation is enacted into law.

Meanwhile, Netanyahu's Defense Minister's statement has brought the rift within Israel's right-wing government to the fore. "For the security of Israel, for the sake of our sons and daughters: We need to stop the legislative process at this time," Gallant said in a video statement.

"We need to stop the demonstrations and protests — and reach out for dialogue. Any manifestation of refusal that eats away at the strength of the IDF and harms the security system should be stopped immediately."

President Isaac Herzog too joined the chorus, seeking a coalition government to stop the legislation of the judicial reform. With pressure mounting - three more ministers from Netanyahu’s Likud party have demanded that Prime Minister stop the judicial overhaul legislation - Netanyahu will likely announce that he is freezing legislation on the judicial reform, reports Israel's local media The Jerusalem Post.

Israel protest Israelis protest against Prime Minister Benjamin Netanyahu's judicial overhaul plan outside the parliament in Jerusalem | AP

What are the judicial reforms?

The judicial reforms, mooted by Netanyahu, are a set of bills which will be presented before the Israeli parliament, Knesset before they become law. The government plans to bring the first part of the reforms before Knesset next week for the final vote. 

For a country that has no written constitution but a set of quasi-constitutional basic laws, the Supreme Court wield great power and is probably the sole entity that can keep a check on the power of the Knesset.

But, the proposed reforms would empower the political powers to curtail the Supreme Court from striking down certain laws. Besides, the reforms could also enable the government's intervention in the selection of judges, which critics say will result in Netanyahu appointing his allies who will pass orders in his favour. 

The reforms also will give the parliament the power to overturn Supreme Court decisions and pass laws considered invalid by the court. So potent are these reforms that they can shake up the foundations of Israel's judiciary. 

Netanyahu's stance and criticisms

While protest brews on, Netanyahu and his supporters argue that the Supreme Court has become an "insular, elitist group that does not represent the Israeli people." "I’m not trying to destroy democracy, I’m trying to save it," Netanyahu told a British interviewer.

National Security Minister Itamar Ben-Gvir, a far-right minister also called the extremist settler, has come out against freezing the legislation. "We mustn't stop the reform in the judicial system, and we mustn't give in to anarchy." Ben-Gvir has also threatened that his party would leave the coalition government if the reforms are halted. 

According to many in Israel, Netanyahu and his allies are trying to cut to size the judiciary in the country and its role in keeping a check on the Knesset and Prime Minister. This, they say, is a bid to ensure absolute power. However, there are also criticisms that the reforms are a ploy to keep Netanyahu, who is on trial for corruption, out of prison. The Prime Minister currently faces charges of fraud, bribery and breach of trust but claims innocence.

Meanwhile, the move is also termed as a violation of the 'conflict of interest declaration', a deal Netanyahu signed with the court to serve as a prime minister despite being on trial. According to the pact, he cannot be involved in the policy-making of the judicial overhaul. Currently, a plea is pending before the Supreme Court arguing that Netanyahu is unfit for office since he has beached the deal and the law by pushing for reforms.

Going by poll figures, even the general public is not in support of the reforms. CNN quoted a poll by the Israel Democracy Institute, conducted in February, which says that only a minority of Israelis support the reforms. The vast majority – 72% – want a compromise to be reached and, even then, 66% think the Supreme Court should have the power to strike down laws and 63% of Israelis think the current method of appointing judges should stay as it is, the report added. 

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