Monday, June 22, 2020

How COVID-19 helped Netanyahu beat Benny Gantz for Israeli prime ministership

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Kanika Bajaj

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How COVID-19 helped Netanyahu beat Benny Gantz for Israeli prime ministership

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Global Views 360

Publication Date

June 22, 2020

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Benjamin Netanyahu and Benny Gantz

Benjamin Netanyahu and Benny Gantz | Source: US Department of State via Wikimedia

In March 2020, when COVID-19 was causing the near collapse of health systems across the world, Israel had just voted third time in the parliamentary election for the third time in less than a year. This was so because no political party was able to muster the majority in Knesset (Israeli parliament) after earlier elections in April 2019 and Sept 2019. Benjamin Netanyahu has been acting Prime minister since the time when he went for the dissolution of Knesset December 2018 with a hope of securing an extended majority for his right wing coalition. However he failed to secure even the simple majority in three elections on April 19, Sept 19, and March 20. Then came the COVID-19 and he sensed an opportunity to make a comeback from the brink of political disaster to reclaim the prime ministership of Israel.

The COVID-19 pandemic tested the Israeli citizens just like the other countries and  Benjamin Netanyahu kept on telling that unless it is effectively controlled, there will be devastation not seen since the Middle Ages. He also stressed that even the First world countries such as the US and UK are at the brink of losing control. Many Israelis expressed admiration towards Netanyahu’s quick response to the pandemic which helped to contain the pandemic in earlier stages. They flattened their curve by shutting down public places such as parks, schools, educational institutions, and the hotspot areas. He followed two stage strategies — first, to locate and isolate the infected population and then to engage the healthy population in economic activities during the conditions of a semi-lockdown. These steps were taken to save the economy. His plan also carried a huge amount of tests in the hope that it could be established that some people were developing antibodies to resist the virus and could safely be “freed” from isolation. Although the steps being acknowledged, they still raised a lot of questions against Netanyahu. He was supposed to be facing charges for breach of trust and bribery in the month of March. The court shutdown ordered by Israeli Law minister delayed Netanyahu’s charges by two months. Israel also used the cell phone of citizens to monitor their movement to track the spread of pandemic for which he was criticised for breaching the citizen’s privacy. Yohanan Plesner, the president of the Israel Democracy Institute said that Israelis trust the Shin Bet to protect them and not to abuse that trust, and the cellphone monitoring may have serious long-term effects on that trust. Netanyahu, however, defended himself with usual combativeness by stating that the courts were under a temporary shutdown and he has received permission from the General Attorney for cellphone usage data which was valid for 14 days. He also said “If the Shin Bet is to

infringe on our basic privacy, they could have done it many years ago”.

After managing to convince the citizens that he had handled the COVID-19 situation effectively, he quickly approached the rival Benny Gantz with a proposal to form an “emergency unity government”. As part of the deal he offered to share the power with Gantz’s Blue and White party for three years during which Netanyahu was to be prime minister and Benny Gants Dy prime minister for the first 18 months and the role reversal afterwards. He kept on harping the disastrous consequences of the virus and mentioned “It could affect 60-80% of the population” and said “nobody knows” how devastating the virus would ultimately prove. 

It was not easy for Benny Gantz to accept the proposal to align with Netanyahu as his whole campaign was on the issue of never supporting Netanyahu. However Netanyahu, who is acknowledged by friends and foes alike as a shrewd politician willing to go to any extent in safeguarding his own interest, finally won the war of attrition. Benny Gantz accepted the deal offered by Netanyahu and agreed to let him continue to be the prime minister for the first 18 months of the alliance period. The COVID-19 calamity has effectively turned into an opportunity for Netanyahu to hold on to the power and continue to be the prime minister of Israel.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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