Israeli High Court to Decide Practical Impact of Torah Study Basic Law After Key Clause Removed

The clause on equal rights was removed from the Basic Law on Torah Study after ultra-Orthodox parties agreed to the coalition's demand to drop the practical provision. Legal advisors warned in Knesset committee discussions that the clause would have favored ultra-Orthodox draft exemptions in resources and budgets. The remaining declarative clause's practical meaning is unclear and will depend on interpretation by the Israeli Supreme Court (High Court of Justice).

Shas and Degel HaTorah parties issued a joint statement emphasizing their refusal to subordinate military service over Torah study, following Prime Minister Netanyahu and Likud's attempt to add new clauses to the law. They stressed that the law's core is to recognize Torah study as a fundamental value in Jewish heritage and the State of Israel.

The removed clause aimed to balance Torah study with other state values but was deemed impractical by the committee. Without it, the law remains mostly declarative but could still serve as a constitutional basis for draft exemptions or core curriculum avoidance, especially if the High Court's composition changes.

The Basic Law on Torah Study, approved in a first reading earlier this month, is part of a coalition deal with ultra-Orthodox parties involving two exemption laws in exchange for their support on controversial judicial overhaul legislation. Meanwhile, the Foreign Affairs and Defense Committee is finalizing discussions on a law exempting yeshiva students from arrest.

Unlike the exemption law, which is expected to be struck down by the High Court, invalidating the Basic Law would be more complex due to its constitutional status and ambiguous practical implications. Treasury legal advisor Dudi Kopel warned the law could cost the economy tens of billions of shekels by impacting reserve military service and reducing ultra-Orthodox integration into the army and workforce. Housing Ministry legal advisor Efrat Prokchia cautioned it might allocate land and housing to yeshiva students at the expense of reservists. National Insurance legal advisor Roee Keret warned it could enable yeshiva students to receive guaranteed income benefits.