Update: On March 7, 2001, the Knesset voted to change the system of direct prime-ministerial elections and restore the one-vote parliamentary system of government that operated until 1996, approving a reformed version of the original Basic Law: The Government.
Basic law on the government - the updated version - Ha'aretz, March 8, 2001
Direct-elections system nixed - J.Post, March 8, 2001
Main Points - Basic Law: The Government (1992)
This law, of 5752-1992 was in effect for three elections: May 1996, May 1999, and the special election of prime minister in February 2001.
In March 2001 the Knesset voted to revert to the previous electoral system, under which voters cast one ballot for a political party to represent them in the Knesset. After elections, the president asks one of the heads of party to form a government.
The Government is comprised of the Prime Minister and Ministers. The Prime
Minister serves by virtue of his being elected in the national general
elections, to be conducted on a direct, equal, and secret basis in compliance
with The Election Law (The Knesset and The Prime Minister).
The Ministers will be appointed by the Prime Minister; their appointment
requires the approval of the Knesset. Should the Knesset reject the Prime
Minister's proposal regarding the composition of the Government, it will be
regarded as an expression of no confidence in the Prime Minister.
Whenever elections are being conducted for the Knesset, the same date will also
be determined for the elections for the Prime Minister, excepting when new
elections are held pursuant to an election appeal.
In the cases specified in this Basic Law separate elections will be held for
the election of the Prime Minister (hereinafter - special elections).
The period of service of the Prime Minister and the Ministers shall be equal to
the period of service of the Knesset to which they were elected; in special
elections for the period of service of the Knesset serving at that time, unless
specified differently in this Basic Law.
Persons fulfilling the following conditions are eligible candidates for the
Prime Ministership:
- Eligible for candidacy to the Knesset and at least thirty years old on
the day of submission of candidacy.
- Should the elections for the Prime Minister be conducted at the same time
as the Knesset elections - the candidate for Prime Minister will head the list
of candidates for the Knesset.
- Should special elections be held - he will be a member of Knesset.
The following bodies may propose Prime Ministerial candidates:
- A faction of the outgoing Knesset, with no less than ten members,
having submitted a list of candidates to the Knesset.
- A few factions of the outgoing Knesset, with not less than ten members,
having submitted a list of candidates or lists of candidates to the Knesset.
- Fifty thousand enfranchised persons.
In special elections, a candidate may be proposed by a faction or factions of
the Knesset, the total number of members of the faction or factions not being
less than ten members or fifty thousand enfranchised persons.
The elected Prime Minister will be the candidate receiving more than half of
the valid votes, provided that he is also a Knesset member.
If no one of the candidates receives the number of votes prescribed above,
repeat elections will be held on the first Tuesday after the passage of two
weeks from the publication of the results of the first election.
In the return elections the candidates standing for election will be the two
candidates who received the largest number of valid votes in the first
elections, and who are Knesset members. In the return elections the candidate
receiving the largest number of valid votes will be the chosen candidate.
Should there be a sole candidate, whether in the first elections or in the
return elections, the elections will be conducted by way of a vote either for
him or against him, and he will be elected if the number of valid votes for him
exceeds the number of valid votes against him. If no candidate is elected
according to the provisions of this section, special elections will be held.
Within 45 days of the publication of the election results the Prime Minister
elect will appear before the Knesset, present the Ministers of the Government,
announce the division of tasks and the guiding principles of the Government's
policies, and the Prime Minister and the Ministers will begin their service,
provided that the provisions of section 33(a) and (b) have been complied with.
As soon as possible after that the Prime Minister and the Ministers will make
their declarations of allegiance before the Knesset in the version specified in
subsection (c).
A person convicted of an offence involving moral turpitude, prior to the
passage of ten years from the day he completed his period of punishment, may
not be appointed as a Minister.
A Knesset member seceding from his faction and failing to tender his
resignation as a Knesset member may not be appointed as a Minister during the
period of service of that Knesset.
Should the Government not be presented in accordance with the provisions of
this law, special elections will be held.
Should the Prime Minister elect fail to present the Government as stated, and
is again elected Prime Minister and again fails to present a Government, he may
not submit his candidacy in the subsequent special elections.
The Knesset may, by means of a majority of its members, adopt an expression of
no confidence in the Prime Minister.
An expression of no confidence in the Prime Minister will be deemed to be a
Knesset decision to disperse prior to the completion of its period of
service.
Non-adoption of the Budget Law within three months subsequent to the beginning
of the fiscal year will be considered to be a Knesset decision on its
dispersion, prior to the completion of its term of service.
Should the Prime Minister ascertain that a majority of the Knesset opposes the
Government, and that the effective functioning of the Government is prevented
as a result, he may, with the approval of the President of the State, disperse
the Knesset by way of an order to be published in Reshumot; a decision to
disperse the Knesset will be regarded as a decision of the Knesset to disperse
prior to the completion of its term of service, and new elections for the
Knesset and the Prime Minister, will be conducted on the last Tuesday before
the passage of 60 days from the day of the dispersion of the Knesset.
The Prime Minister may, after notifying the Government of his decision to do
so, resign by way of submitting his written resignation to the President of the
State; the resignation will go into force 48 hours after the letter of
resignation is submitted to the President, unless the Prime Minister retracts
prior to such time. Should the Prime Minister resign, special elections will be
conducted.
Should the Prime Minister cease to function as a member of the Knesset, he will
be deemed to have resigned.
Should the Prime Minister be convicted of an offence involving moral turpitude,
the Knesset may remove him from office, pursuant to a decision of a majority of
the Knesset members.
The Knesset may, pursuant to a vote of 80 of its members, remove the Prime
Minister from office. Neither the Knesset Committee nor the Knesset itself may
decide to remove the Prime Minister unless the Prime Minister has been first
given an opportunity to state his case before them.
Should the Knesset decide to remove the Prime Minister from his office, special
elections will be conducted.
Should the Prime Minister die or be permanently incapacitated, special
elections will be held.
Should the Prime Minister die, be permanently incapacitated, or be removed from
office, the Government will empower one of the Ministers who is also a Knesset
member, to serve as acting Prime Minister until the new Prime Minister takes
office. The acting Prime Minister will have all the powers of the Prime
Minister, except for the power to disperse the Knesset.
Should the Prime Minister be temporarily unable to discharge his duties for a
period not exceeding 100 consecutive days, his place will be filled by a
Minister who is also a Knesset member and appointed by the Prime Minister;
failing the appointment of a Deputy, or should the appointed person not be able
to perform his duties, a Minister who is a Knesset member shall be appointed by
the Government as acting Prime Minister until either the Prime Minister or
permanent acting Prime Minister resumes his functions.
After the passage of one hundred days upon which the Prime Minister does not
resume his duties, the Prime Minister will be deemed to have permanently ceased
to discharge his duties and the provisions of sections 28 and 29 shall
apply.
A Prime Minister who has resigned or in whom the Knesset expressed no
confidence, will continue in office until the newly elected Prime Minister
assumes office.
In the event of the Prime Minister's death, permanent incapacitation,
resignation, removal from office, or an expression of no confidence by the
Knesset, the Ministers will continue in office until the newly elected Prime
Minister assumes office.
The Government shall not exceed eighteen members in number and not be less than
eight. At least one half of the Ministers shall be Knesset members. A Minister
shall be appointed over an office, but a Minister may be a Minister without
portfolio. The Prime Minister may also function as a Minister appointed over an
office.
In a Government in which the number of Ministers including the Prime Minister
does not exceed eight, no Minister may be removed from his post.
Should the number of Ministers in the Government including the Prime Minister
be less than eight, the Prime Minister will appoint a Minister or Ministers to
complement the required minimum; the appointment shall be made within 72 hours
and until such time he may not remove any Minister from his post; if the
required minimum is not complemented in accordance with these provisions,
special elections will be conducted.
A Minister may resign from the Government by submitting a letter of resignation
to the Prime Minister. His service in the Government will be terminated upon
the passage of 48 hours from the time the letter of resignation reached the
Prime Minister, unless he retracts prior to such time.
The Minister in charge of an office, may, with the approval of the Prime
Minister, appoint a Deputy Minister for the office, the Deputy having been
appointed from amongst the Knesset members; the Prime Minister too may appoint
a Deputy in the stated manner; a Deputy Minister shall assume his role after
notice of his appointment has been given by the Government to the Knesset; a
Deputy Minister appointed by the Prime Minister shall be entitled "a Deputy
Minister in the Prime Minister's office"; the number of Deputy Ministers shall
not exceed six.
A Knesset member seceding from his faction without resigning from his position
subsequent to his secession, may not be appointed to the position of Deputy
Minister during the period of service of the same Knesset.
The Prime Minister may, by way of written notification, remove a Minister from
his post; the removal of Minister will take effect 48 hours after the letter
notifying thereof was given to the Minister, unless the Prime Minister retracts
prior to such time.
The Knesset may remove a Minister from his post, by way of a decision of a
majority of seventy of its members; the Knesset will not debate the removal of
a Minister from his post unless the initial recommendation of a majority of the
Knesset committee members is received and after the Minister has been provided
with an opportunity to state his case before the Knesset Committee and before
the Knesset plenum.
Should the Minister cease to serve, be absent from the country, or be
temporarily incapable of discharging his duties, the Prime Minister or another
Minister appointed by the Prime Minister will discharge his duties until the
Minister resumes his regular duties.
The Prime Minister will conduct the functioning of the Government and will set
work procedures and voting procedures in the Government and its committees.
Government decisions will be adopted by a majority vote; should the vote be
drawn, the Prime Minister will have an additional vote.
The Government will provide the Knesset and its committees with information
upon request and will assist them in the discharging of their roles; special
provisions will be prescribed by law for the classification of information when
the same is required for the protection of state security and foreign relations
or international trade connections or the protection of a legally mandated
privilege.
The Knesset may, at the request of at least forty of its members, conduct a
session with the participation of the Prime Minister, pertaining to a topic
decided upon; requests as stated may be submitted no more than once a month.
The Knesset may obligate a Minister to appear before it, similar authority is
granted to any of the Knesset committees within the framework of their
tasks.
Any of the Knesset committees may within the framework of the discharging of
their duties, and under the auspices of the relevant Minister and with his
knowledge, require a civil servant or any other person prescribed in the law,
to appear before them.
The Prime Minister and any Minister may speak before the Knesset and its
committees.
This Basic Law may not changed unless by a majority of the Knesset members;
however, a provision prescribing that Knesset decision must be adopted by a
specified number of the Knesset members, will not be altered unless by at least
the same amount of Knesset members; the required majority under this section
will be required for decisions of the Knesset during the first reading the
second reading and the third reading; "change" for the purposes of this section
means both specific and by implication.