Israel Crisis 2023 | Largest Protests in History | Explained by Dhruv Rathee

Name: Israel Crisis 2023 | Largest Protests in History | Explained by Dhruv Rathee
Uploaded: 2023-04-11T11:41:57.000Z
Duration: 36 min 3 s

Israel's Judicial Reforms

In this video, we will understand the ongoing protests in Israel against the government's attempt to limit the powers of the Supreme Court. We will also learn about Israel's political system and its unique features.

Israel's Political System

Israel has a unicameral structure with only one house of Parliament called Knesset.

The Knesset is made up of 120 members elected by citizens, similar to India's Lok Sabha.

The party with a clear majority in the Knesset forms the government, but no single party has ever crossed the mark of 61 seats.

Coalition governments have been formed throughout their history due to this system.

Basic Laws and Judiciary

Israel does not have a written constitution but instead has 13 Basic Laws that define its constitutional framework.

The Supreme Court has the power of Judicial Review and can repeal any law that contradicts these Basic Laws.

Due to weaker separation of powers between other pillars of democracy and absence of a Constitution, role of Judiciary becomes even more important in Israel.

Judicial Overhaul Amendments

Israeli government tried to bring in amendments named "Judicial Overhaul" which would limit Supreme Court's powers.

First amendment gave parliament authority to veto Supreme Court decisions if majority votes against it (61 or more MKs).

Second amendment sought simple majority in Parliament for appointing President and Vice President of Supreme Court as well as judges.

The Proposed Changes to the Supreme Court

This section discusses the proposed changes to Israel's Supreme Court and how it would affect the judiciary system.

Composition of the Committee

The committee will consist of 11 members, 3 of whom are governmental ministers, including the Justice Minister.

Three members will be MKs, two of which will be appointed by the government.

Two public representatives will be appointed by the Justice Minister.

Of the remaining members in the committee, three would be high court judges, one of whom would be the Chief Justice. One MK who might not be from the ruling party.

Government Control Over Judges

The majority of committee members would be appointed by the government, giving them total control over judges appointed to and rejected from Supreme Court.

The right for Supreme Court to reverse government decisions that go against Basic Laws or strike down laws made by government is valid only when all 15 judges are present and in agreement.

If even one judge is absent due to illness or other reasons, a valid decision cannot be made.

Knesset has right to overturn Supreme Court's decision by passing a new law.

Criticisms Against Reforms

Former Deputy President Elyakim Rubinstein said that if these reforms are passed, their country would become a democratic dictatorship with only one pillar of democracy remaining - elected government officials.

Former Supreme Court President Aharon Barak claims that these news reforms are poison pills and if passed citizens would have no defense to protect their rights.

The Reason Behind the Proposed Changes

This section discusses the reason behind the proposed changes to Israel's Supreme Court.

Background on Aryeh Deri

In 1993, Israel's Supreme Court passed a verdict that forced then Prime Minister Yitzhak Rabin to fire Interior Minister Aryeh Deri.

Deri was accused of bribery and corruption and was eventually punished with three years' imprisonment in 2000.

He re-entered politics in 2011 and was found guilty of tax evasion in January 2022.

A week before the draft for reforms was published, Levin gave indications that something major was about to happen.

On Thursday morning, the Supreme Court heard three petitions, one of which was for the cancellation of Aryeh Deri's appointment.

Government's Motivation for Reforms

Experts claim that the government felt threatened by the possibility of other ministers who have been found corrupt being removed from their appointed posts by the Supreme Court.

The government wanted to protect its power and take away Supreme Court's power.

Israel's Current Government

This section provides information on Israel's current government.

Composition of Current Government

Israel's current coalition government is believed to be the most extreme right-wing government in its history.

As per 2018 data from Central Bureau of Statistics, 45% of Jewish Israelis consider themselves secular, while 25% consider themselves traditional and 16% categorize themselves as religious or very religious. Only 14% call themselves ultra-orthodox.

The current coalition government has 64 out of the 120 seats, but the parties forming this coalition are extreme right-wing.

National Security Minister

Itamar Ben Gvir, who worked in the youth wing of a party, is the National Security Minister in this new government.

Israel Protests: A Fight for Democracy

This video discusses the protests in Israel against the proposed amendments to the Basic Laws that would weaken democracy. The protests were successful in putting a hold on the amendments, but many protestors are still demanding their full extinguishment.

Protests Begin

As soon as news of the proposed amendments reached the people, they took to the streets to protest.

Trade unions called for a general strike and hospitals shut down.

Israeli embassies all across the world participated in this strike.

Impact of Protests

Many fighter pilots, military doctors, and soldiers left their training to participate in the protest.

On 26th March, nearly 650,000 people were on the streets protesting.

Thousands of people came to protest outside Prime Minister Netanyahu’s residence.

Success of Protests

Due to public pressure, Prime Minister Netanyahu said that the amendments would be put on hold for now.

The protests calmed down after this announcement but many protestors are still demanding full extinguishment of the new amendments.

Comparison with India

The Indian government also tried to establish control over its Supreme Court by amending its Constitution in 2014.

They tried to form a National Judicial Appointment Commission which was passed by both Lok Sabha and Rajya Sabha.

This system isn’t as extreme as the one proposed in Israel.

The Collegium System for Appointing Supreme Court Judges in India

This section discusses the Collegium system used in India for appointing Supreme Court judges and the role of the government in this process.

The Collegium System

The Chief Justice of India along with 4 seniormost Supreme Court judges sit together and recommend the judges to be appointed.

If the collegium is adamant about the appointment, the government would have to concede.

However, there is no fixed time limit for the government, which often uses this loophole to delay appointments.

Role of Government

While there are drawbacks to the Collegium system, it was devised to maintain independence of judiciary by insulating it from outside influences.

Recently, Vice President and Law Minister Kiren Rijiju criticized the Supreme Court saying that delays in court system are caused by collegium system.

Threats to Democracy Around the World

This section discusses how authoritarian political movements are rising their heads around the world and governments are trying to weaken democratic structures.

Authoritarian Political Movements

Over recent years, multiple countries have seen such movements rise including Hungary, Brazil, Philippines, Turkey and America under Trump's governance.

Israel is a latest example where people are fighting for democracy through protests.

Conclusion

The transcript highlights how important it is to maintain independence of judiciary by insulating it from outside influences. It also sheds light on threats faced by democracies around the world due to authoritarian political movements.