Israel's Knesset: Netanyahu leads minority cabinet while opposition holds 67 seats

Benjamin Netanyahu will remain as prime minister of Israel despite losing his parliamentary majority in last week's election. The opposition bloc holds 67 of the Knesset's 120 seats, while Netanyahu's Likud party and its far-right and ultra-Orthodox partners hold 53. This split prevents the current government from advancing legislation but leaves Netanyahu in charge of a caretaker cabinet with full executive authority.

The opposition controls 48 seats through Jewish-majority parties and 19 through the Arab-majority Joint List and Ra’am. Deep ideological differences among these six parties have left them without a clear path to form a governing coalition. Consequently, Netanyahu may lead the government for weeks or months. His administration retains broad control over military operations, national security, and foreign affairs, areas where caretaker governments face no special legal restrictions.

Gadi Eisenkot, chairman of the Yashar party, is the likely candidate to form the next government. President Isaac Herzog is expected to give him the mandate when the new Knesset convenes on November 10. Eisenkot has 28 days to assemble a coalition, with a possible 14-day extension. If he fails, the mandate could pass to another lawmaker, potentially leading to another election.

The opposition plans to immediately replace Knesset Speaker Amir Ohana, a Likud lawmaker. Eisenkot and his partners are coordinating to elect a new speaker, a move that requires only a simple majority. They will then establish the Arrangements Committee, a temporary body that manages the parliamentary agenda until a new government is formed. This committee will appoint the chairs and members of the standing committees needed to advance legislation.

Dr. Assaf Shapira, a researcher at the Israel Democracy Institute, explained that the Knesset operates independently of the government. "From the moment it convenes, it can operate independently, even without the government’s consent," Shapira said. The opposition intends to use this power to repeal the outgoing government's judicial overhaul legislation. This includes reversing the amendment changing the composition of the Judicial Selection Committee, which takes effect when the new Knesset convenes.

Eisenkot also aims to establish a state commission of inquiry into the October 7, 2023, Hamas-led attacks. Current law requires a government decision or a specific committee process to create such a commission. Yashar is working on an amendment to allow a simple majority vote in the plenum to bypass the existing procedure. Shapira noted that while this is the easiest route, the amendment must pass the ordinary legislative process and could face judicial review.

Other proposals include imposing term limits on prime ministers and restricting those on trial from serving in the role. Shapira cautioned that these laws must be general in nature to survive legal challenges. "They cannot be seen to be too personal or specific," he said. The bloc may also elect a new state comptroller, a process that requires only a simple majority. Netanyahu's government remains legally empowered to authorize military action, including a potential strike on Iran, despite its lack of a parliamentary majority.