Parliamentary Standoff: Israel's New Government Structure

Israel’s political system faces a structural disconnect following last week’s election. Prime Minister Benjamin Netanyahu lost his parliamentary majority, yet his opponents have not yet formed a government to replace him. This leaves the executive branch under Netanyahu’s control while the legislative branch shifts to the opposition. The new Knesset is scheduled to convene on November 10.

Six parties opposed to Netanyahu secured a combined 67 of the Knesset’s 120 seats. In contrast, Likud and its far-right and ultra-Orthodox partners hold 53 seats. This numerical advantage allows the opposition to control the Knesset’s leadership and committees. They can begin dismantling key elements of the current government’s legislative agenda before a new cabinet is sworn in.

Yashar chairman Gadi Eisenkot has pledged to use this majority to establish a state commission of inquiry into the October 7, 2023, attacks. He also aims to repeal the outgoing government’s judicial overhaul legislation and introduce mandatory national service for all Israelis. However, forming a governing coalition remains difficult. Only 48 of the 67 opposition seats belong to Jewish-majority parties, with the remaining 19 held by the Arab-majority Joint List and Ra’am.

President Isaac Herzog is expected to mandate Eisenkot to form a government upon the Knesset’s November 10 convening. Eisenkot will have 28 days to assemble a coalition, with a possible 14-day extension. If he fails, the mandate may pass to another lawmaker, potentially leading to further negotiations or another election. Until a new government wins confidence, Netanyahu remains in office leading a caretaker government.

The opposition can begin exercising legislative power immediately upon swearing in. Dr. Assaf Shapira, a researcher at the Israel Democracy Institute, noted that the Knesset is an independent branch of government. Its powers are not contingent on the formation of a new executive. The opposition’s first priority will be replacing Speaker Amir Ohana, a Likud lawmaker, who controls parliamentary proceedings.

Replacing the speaker requires only a simple majority of votes cast. The opposition can achieve this immediately if they agree on a candidate. Their next step is establishing the Arrangements Committee. This temporary body manages the parliamentary agenda between the swearing-in and the official formation of a ruling coalition. The committee’s composition must reflect the size of parliamentary factions, with the chairman drawn from the faction of the mandated candidate.

The Arrangements Committee holds significant power during its brief lifespan. It is responsible for establishing new Knesset committees and appointing their chairs. If Eisenkot fails to form a government within the allotted time, the chairmanship could shift to a Likud lawmaker. This would make it difficult for the opposition to advance their legislative priorities, despite retaining a numerical advantage on the committee.

Legislative success varies by proposal. Repealing the outgoing government’s judicial overhaul measures may be the most achievable goal. Shapira explained that reversing the amendment changing the Judicial Selection Committee preserves the previous arrangement. This is simpler than creating new legislation from scratch. The bloc could also elect a new state comptroller with a simple majority.

Establishing a state commission of inquiry is more complicated. Under current law, such a commission requires a government decision or approval by the Knesset’s State Control Committee. Yashar is working on an amendment to allow a simple majority vote in the plenum to establish the commission. Shapira cautioned that this amendment might face judicial review and objections from legal advisers and the Supreme Court.

Netanyahu’s caretaker government retains broad executive authority over military operations, national security, and foreign affairs. There are no special legal restrictions on its power to conduct military operations. Shapira stated that legally, the government operates with no special limitations regarding war and military actions. Netanyahu could legally authorize an attack on Iran despite lacking a parliamentary majority.