Knesset Approves Judicial Selection Committee Reform

The Knesset passed a bill on Thursday altering the makeup of the Judicial Selection Committee, replacing Israel Bar Association appointees with people chosen by members of Knesset.

The new law – a major victory for its architects—Justice Minister Yariv Levin and Knesset Constitution Committee Chairman MK Simcha Rothman – is a scaled-down version of a key component of the contentious judicial reform platform that Prime Minister Binyamin Netanyahu and his coalition campaigned on.

Since 1953, the Judicial Selection Committee has been comprised of nine members: three High Court justices, two ministers, two Knesset members (traditionally one from the coalition and one from the opposition), and two representatives from the IBA.

Under the new law, which will take effect in the next Knesset, the two IBA representatives will be replaced by two “public representatives”—one appointed by the coalition and one by the opposition. These representatives must meet the qualifications required for appointment to the High Court.

Additionally, the required majority for appointing High Court justices will change from 7-2 to 5-4. However, each appointment must receive approval from at least one coalition and one opposition representative (or their public representative). Appointments to other judicial levels will require the approval of one coalition member, one opposition member, and one judge.

To prevent a deadlock in High Court appointments, the law introduces a mechanism that activates if at least two vacancies remain unfilled for a year. In such cases, the coalition and opposition will each propose three candidates, from which the opposing side must select one, alongside the judges. The justice minister can only invoke this mechanism once per Knesset term. Furthermore, at least two-thirds of High Court judges must have previously served as Regional Court judges.

The current version of the bill was first introduced on January 9 as a compromise between Justice Minister Levin and Foreign Minister Gideon Sa’ar. The proposal initially had the backing of former minister Yizhar Shai and ex-Fire and Rescue Service head Dedi Simchi, though Shai later withdrew his support.

An important element of the Sa’ar-Levin compromise, which aimed to permanently limit the government’s ability to pass quasi-constitutional basic laws for short-term political purposes, was omitted from the final legislation due to insufficient coalition support.

The bill was passed exactly two years after its initial version stalled in 2023 when then-Defense Minister Yoav Gallant warned that the deep divisions over judicial reforms were harming national security.

During Thursday’s vote, 67 Knesset members supported the bill, with one opposed. In protest, Opposition members walked out during the third reading, leaving the plenum half-empty.

“We made history tonight,” Levin declared after the vote. “The Supreme Court, through a process that has been accelerating for decades, has effectively nullified the Knesset.”

“I stand here today on your behalf, after decades in which your voice was not heard and your vote at the ballot box was trampled. We are opening a new chapter. The days of surrender and silence are over, never to return,” he added.

Rothman called the bill “a crucial step in restoring the balance between the branches of government and returning decision-making power to the people of Israel.”

Sa’ar said: “The outline approved by the Knesset reflects an evolutionary and balanced change, based on our constitutional tradition.”

However, opposition leaders strongly condemned the bill, stating, “The Israeli government has just approved a law with a single purpose – to ensure that judges become subservient to the will of politicians.”

They vowed to overturn the law in a future government, declaring, “We will ensure this bill is repealed.”