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Netanyahu Retains Caretaker Role After Inconclusive Election
Two weeks after national elections in Israel, neither Prime Minister Benjamin Netanyahu's coalition nor opposition leader Gadi Eisenkot secured the 61 seats needed for a majority in the Knesset. President Isaac Herzog has granted Eisenkot the opportunity to assemble a governing coalition. As Eisenkot conducts talks with potential partners, including Arab parties, Netanyahu remains in place as caretaker prime minister.
If Eisenkot fails to build a working administration, Herzog may turn to Netanyahu to explore alternative coalition options. In the interim, Netanyahu stays at the head of state institutions despite lacking a fresh electoral mandate.
Legal Framework and Military Oversight
Israel does not possess a single constitution, relying instead on foundational legal standards known as Basic Laws. Under Article 30 of Israel's Basic Law: The Government, an outgoing administration maintains continuous authority over state affairs, security, and foreign relations until a new government takes the oath of office. Political analyst Ehab Jabareen noted that while Netanyahu holds operational continuity, the interim government is legally expected to exercise restraint.
Netanyahu retains authority over executive appointments and security decisions, and Israel's internal security agency, the Shin Bet, continues to report directly to him. Under Article 40 of the Basic Law, initiating a new war requires approval from the cabinet. However, Jabareen highlighted that Netanyahu holds substantial influence over how intelligence regarding existing security concerns is framed for cabinet members.
Domestic Constraints and Political Strategy
While Netanyahu maintains executive control, his legislative and internal powers face clear limits. Israeli affairs expert Maysara Bahr pointed out that financial actions taken during the caretaker period could create indebtedness for the incoming administration. However, Netanyahu cannot enact new legislation to impact his ongoing corruption trial.
Politically, Netanyahu is using his transitional position to counter the opposition. Jabareen noted that Netanyahu has tried to appeal to Zionist voters by highlighting Eisenkot's potential reliance on Arab political parties to form a government. Bahr also cautioned that domestic tensions could be leveraged during the transition period.
Global Parliamentary Comparisons
Israel's transitional process shares similarities with other parliamentary systems, such as the United Kingdom and India, where outgoing prime ministers retain legal authority while expected to refrain from major policy shifts. This differs from the United States system, which enforces a fixed two-and-a-half-month presidential transition governed by strict congressional oversight regarding appointments and budgets.
Source: What powers does Netanyahu have as Israel’s interim PM?