Netanyahu loses majority but keeps executive power as Israel forms new parliament

Benjamin Netanyahu no longer commands a majority in the Knesset, yet he remains the effective head of state with full control over military and foreign policy.

In last week's election, six parties opposed to Netanyahu won 67 of the 120 seats in parliament. Likud and its partners secured 53 seats. This shift leaves the prime minister without the numbers needed to pass routine legislation, but it does not immediately remove him from office.

The new Knesset convenes on November 10. President Isaac Herzog is expected to assign the mandate to form a government to Gadi Eisenkot, the leader of the Yashar party. Eisenkot has 28 days to build a coalition, with a possible 14-day extension. If he fails, the mandate may pass to another lawmaker, potentially leading to a new election.

Until a new government wins a vote of confidence, Netanyahu leads a caretaker administration. Dr. Assaf Shapira, a researcher at the Israel Democracy Institute, stated that legally, this government has no special limitations regarding military operations or wars. Netanyahu can authorize actions against Iran or manage national security without parliamentary approval, subject to standard internal procedures.

The opposition bloc is moving to take control of the legislative machinery immediately upon swearing in. Their first priority is replacing Knesset Speaker Amir Ohana, a Likud member. This change requires only a simple majority. Eisenkot and his partners are already coordinating to install their own candidate, who would control the parliamentary agenda.

The bloc plans to establish the Arrangements Committee, a temporary body that manages the parliament's business until a ruling coalition is formed. The committee's chairmanship follows the mandate holder. If Eisenkot receives the mandate, a Yashar member chairs the committee. If he fails and the mandate shifts to Netanyahu, a Likud member takes the chair, which would make it difficult for the opposition to advance their legislative priorities.

Eisenkot has pledged to use the majority to repeal the outgoing government's judicial overhaul laws. He also aims to establish a state commission of inquiry into the October 7, 2023, Hamas-led attacks. Currently, such a commission requires a government decision or specific conditions through the State Control Committee. Yashar is drafting an amendment to allow the full Knesset to establish a commission by simple majority vote.

Shapira noted that amending the law to bypass existing procedures is legally complex. The change could face challenges from Knesset legal advisers, the attorney general, or the Supreme Court. He described the move as problematic because it creates a new channel solely because the opposition cannot use the current one. The legislation must still pass multiple readings and committee deliberations.

Other proposals include limiting prime ministerial terms and barring individuals on trial from serving as prime minister. These measures face the risk of legal challenges if they appear to target Netanyahu specifically. Shapira emphasized that constitutional laws must be general and not overly personal. Eisenkot's plan to mandate military or national service for all Israelis is also complicated by its economic and demographic implications, making it difficult to complete in a short legislative window.

The opposition holds 48 seats in Jewish-majority parties and 19 in the Arab-majority Joint List and Ra’am. These deep ideological differences may slow coalition talks. The bloc can easily elect a new state comptroller, a position left vacant after the previous election process was cancelled. This appointment requires only a simple majority. The next steps depend on whether Eisenkot can unify his diverse partners before the 28-day deadline expires.