Netanyahu may not be able to resist the pressure from his ultra-right supporters to make a submissive judiciary
By Dhananjay Tripathi
Hyderabad: The recent massive public protest in Israel has drawn the international community’s attention for various reasons. Israel, historically, is viewed as politically Right: A country that erected walls of separation and kept the Arabs under tight security control, and widely alleged to deny even the basic human amenities to the Palestinians. Thus, it’s a country that, over the years, has legitimised all its extreme actions without much public outrage. Contrary to that image, the people are on the street fighting against a proposed judicial overhaul by the extreme right-wing government headed by Benjamin Netanyahu.
Judiciary in Israel
As a matter of fact, Israel does not have a written constitution. Although several attempts have been made since 1948 to draft a constitution, it has yet to succeed. In the absence of a defined set of guidelines for the government, several traditional and customary practices have been given prominence in law enforcement. Israel, over the years, has practised some fundamental laws and rights. Some experts are of the opinion that these unwritten but accepted laws have semi-constitutional status, and society widely recognises it.
Knowing well the constitution’s status, the Judiciary is perceived as the guarantor of rights. It is also seen as an impartial institution and, therefore, enjoys credibility among the liberal and progressive, and common citizens of Israel. While the world, in general, knows about the right-wing politics in Israel, the country also has a vocal left-liberal section; from time to time, they register their political presence.
Coming back to the issue of the Judiciary, in Israel, all legislations and government policies are subject to judicial review. The Supreme Court could do this review, and this highest court can even nullify a government order and direct it to reformulate it. In this regard, the Judiciary in Israel is quite powerful. This is why it is a problem for some, particularly for those who like to make major political changes in the country.
It is no secret that Israel’s ultra-right has always complained about the Judiciary. The Judiciary in Israel generally favours secular principles and supports the separation of state and religion. Such a position in Israel is not easy to take, and that is why the Judiciary remained under attack from Zionist groups.
Let us take a few examples. Israel, after capturing the Arab territory at the end of the 1967 war, started promoting Jews settlement in conquered areas. In this, the state endorsed a new settlement of Elon Moreh (Orthodox Jewish settlement). This settlement is just outside Nablus, a city on the West Bank. The people of the West Bank opposed Elon Moreh and the matter reached the level of the court. In a panel of five justices, the Israeli highest court rejected the government’s reason for Elon Moreh. The government failed to satisfy the court that Elon Moreh is the security and military necessity of the state. This verdict annoyed Mafdal (A Zionist political party that favoured settlement), and it gave a call against this verdict.
Not only this, but the Israeli court also in the past had delivered favourable verdicts supporting LGBT rights, gender justice and greater separation of religion and state. However, some judgments are also questioned by the liberal sections, still, they have not lost their faith in the Judiciary. Contrarily, the ultra-Right remained consistent in its demand to rein the independence of the Judiciary.
Let us now discuss why the people got so agitated with the proposed reforms.
The Proposed Reforms
The present government of Israel is ultra-right to the extent that critics also term it exclusionary. The government is aggressive and wants to make more substantial changes in the state that will impact its character in the long term. In a way, it is like establishing the unchallenged power of the right-wing politicians in Israel. The biggest hurdle is the Judiciary, which is popular and autonomous. Thus, by the proposed reform, the Israeli parliament (Knesset) will be given the power to overturn judicial verdicts by a simple majority. The government also wishes to control the appointment of judges, ultimately altering the existing judicial system in Israel. The fairness and fearlessness of the Judiciary will be compromised if the proposal of what is termed as ‘reform’ is accepted.
A few say that such critical restructuring of the judicial system is essential if Netanyahu has to save himself from corruption cases. Netanyahu is accused of taking bribes and impropriety, and an adverse judgement could harm his political career. While this could be one of the reasons why he wants a subservient judiciary, we discuss other ideological motivations too here.
The Situation
Israelis are visibly upset by the government’s move and hit the road to register their anguish. Sitting at a distance, this kind of protest is liable to make anyone curious. This is particularly at a time when the same current government was elected by people just a few months ago. Moreover, the rise of right-wing populism in international politics only consolidated the position of Netanyahu. Nevertheless, countries like the United States of America are quite cautious in their response. President Biden expressed concern about the judicial proposal and said that the White House “in the near term” may not extend an invitation to Netanyahu. Biden suggested Israel withdraw the proposal. The United States is like an all-weather friend of Israel; such a negative comment was entirely unexpected. Israel formally termed the US’ position an external intervention in internal affairs. However, for Israel, US’ criticism is not a matter to be ignored, as, in the past, it continuously received backing from Washington on critical issues.
This protest intensified when Netanyahu fired his defence minister, who publicly opposed the proposed overhaul of the Judiciary. After the massive protest, the government was forced to hold its earlier decision to change the judicial system. Therefore, things are apparently quiet, but how long will Netanyahu resist the pressure from his ultra-right supporters to make a submissive judiciary? Zionist groups will keep demanding ‘reforms’ in Judiciary. Still, the Israeli polity has strongly divided electorates on ideological grounds, and any attempt to remodel the country’s legal-political fundamentals will face similar resistance.
Beyond the Protest?
While the public outrage in Israel on a progressive question is appreciated by many, shall we read it beyond the protest? Better not to make big conclusive statements at this stage. It is important to note that regional politics in West Asia is changing, and Israel is no longer considered a country with whom Arabs will not engage diplomatically. The United Arab Emirates established political ties with Israel in 2020.
Thus, it would be unwise to some dominant changes in the country’s domestic or international policies. It is true that, at present, the right wing in Israel is on the back foot, but it will look for an opportunity to bounce back.