The Knesset plenum approved in a preliminary reading the basic bill: the government – amendment – fortifications of the prime minister, by Knesset member Ofir Katz and a group of Knesset members. 62 Knesset members supported the proposal compared to 20 who opposed it, and it will be forwarded to the Knesset committee which will decide which committee will prepare it for first reading.
The law proposes to state that the impeachment of the Prime Minister can only occur due to physical or mental inability to fulfill his role. In addition, the authority to declare the Prime Minister’s impeachment from performing his duties and the termination of said impeachment shall be solely based on a notification to the Knesset by the Prime Minister or a notification by the government received by a majority of three-fourths of its members.
Finally, it is proposed to clarify that a court, including the Supreme Court in its session as a high court of justice, will not discuss a request to declare the Prime Minister’s impeachment or to confirm that a decision or order of such a court will be without authority and void.
The explanation reads: “Due to the consequences of determining the existence of the Prime Minister’s impotence, when the determination is made contrary to his opinion, when he is physically and mentally fit for his position, it means the removal of an incumbent leader who was elected by the people’s representatives and still enjoys the confidence of the Knesset. That is, the determination of the Prime Minister’s impotence is in practice an act of annulment of the election results and the democratic process. Therefore, this amendment aims to clarify that the Prime Minister’s inability to perform his duties can only occur due to the Prime Minister’s physical or mental inability to perform his duties. That is, due to a serious health condition or due to Another extreme situation (such as prolonged disconnection or imprisonment), which severely limits or completely prevents, physically or mentally, the Prime Minister’s ability to function.
“It is also proposed to clarify that, in light of the meaning of the declaration of impeachment as the removal of an incumbent leader elected by the people’s representatives, a court, including the Supreme Court in its session as a high court of justice, will not consider a request to declare the impeachment of the Prime Minister or to confirm that a decision or order of such a court will be without authority and without validity. Given that a sitting prime minister derives his power and authority from the people through his representatives, this proposal reflects in the eyes of its proponents the existing concept according to which the removal of the leader against his will will be determined by the people’s representatives alone without the involvement of an unelected arm. That is, This bill does not reflect a change in the existing law, but a clarification of its application procedure.”
MK Ofir Katz: “The voters of the national camp led by Benjamin Netanyahu chose him as a policy maker. They chose his experience and his leadership, as the prime minister of Israel. I want to make it clear to all the non-elected parties – it is the people and the people’s representatives who appoint the prime minister, and only they, when they want, can change their choice. We were democratically elected. This bill clarifies what every simple person understands – it is not possible in a democratic country to allow a legal interpretation that has no basis in the law, to carry out a coup d’état – the forced removal of an incumbent prime minister elected by the majority of Israeli citizens.”
On behalf of the government, the Minister of Education, Yoav Kish, replied: “The leader is elected by the people’s representatives and receives the trust of the Knesset. If a determination of unfitness is received, when the prime minister is physically and mentally fit, there is an event of annulment of the election results and the democratic process. Therefore, in this proposal, we want To define in the clearest way the state of being enslaved – only in a state of physical or mental inability to fulfill the role. In a normal world we would not need this, but we are in a world where they are trying to impose on the Israeli public and damage the basis of democracy. We are clarifying the obvious in this law.”
MK Ofer Kasif who opposed the law said: “In a democracy the government is not above the law, let alone the ruler. Enacting a law that prevents the declaration of fortifications by those who have the authority to do so is part of the fascist coup, of turning the country into a full dictatorship. You are bringing in a law that means it is a single rule.”