A win for Israeli democracy. For now

Israeli Prime Minister Benjamin Netanyahu has put on hold his plans to scupper the independence of the judiciary, but not before plunging the country into one of its worst political crisis ever. Hundreds of thousands of Israelis have gathered on the streets over the past three months to protest against Netanyahu’s bid to subordinate the country’s judiciary to political will.

The ‘reforms’ that Netanyahu plans to push through include giving the government a decisive say in the appointment of judges, curbing the Supreme Court’s power of judicial review of laws passed by the Israeli parliament, the Knesset, and instead empowering the legislature to review or throw out court decisions through a simple majority in parliament. Netanyahu claims that he is opposed to the judiciary wielding ‘excessive’ power.

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He says that since the judges are not elected by the people, they are neither democratic nor accountable. His plans to clip the powers of the judiciary, he says, is to strengthen Israel’s democracy.

But the people of Israel have seen through Netanyahu’s motives and his bid to equate democracy with mobocracy. It has become evident to Israelis and the world that Netanyahu’s plans are aimed at securing himself in power. He is on trial for corruption and wants to change the composition and powers of the judiciary in a way that will favour him. Indeed, a bill that has already been voted through will make it difficult for the courts to declare a sitting Prime Minister unfit for office.

Opposition to Netanyahu’s move to subordinate the judiciary is unprecedented. In addition to Opposition parties, ordinary Israelis have taken to the streets in large numbers. Interestingly, it has brought together Jews and Palestinians as both are concerned that an undermining of the judiciary’s powers will weaken their own rights. Ministers in Netanyahu’s government, including Defence Minister Yoav Gallant, have opposed his plans. On Monday, Netanyahu sacked Gallant. Significantly, military reservists and elite military units have joined the protests. What started as a political crisis has become a security crisis. As Gallant warned, Netanyahu’s moves pose an "immediate and tangible danger" to national security.

Netanyahu’s claims that his judicial ‘reforms’ were intended to strengthen democracy are disingenuous. The separation of powers and checks and balances between the executive, legislature and judiciary, and the power of judicial review are all fundamental to democracy. Leaders in Israel and elsewhere, including in India, who are seeking to control the composition of courts to tighten their grip over power must learn from the unfolding events in Israel. People will see through their machinations and protest. Netanyahu has paused but not called off his plans fully. He must do so.