Basic Law: The Government
חוק-יסוד: הממשלה
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Nature§
The Government is the executive authority of the State.
Place of residence§
The place of residence of the Government is Jerusalem.
Confidence of the Knesset in the Government§
The Government serves by virtue of the confidence of the Knesset.
Responsibility§
The Government is collectively responsible before the Knesset; a Minister is responsible before the Prime Minister for the functions over which the Minister is appointed.
Composition of the Government§
Qualifications of Ministers§
"actual imprisonment" includes a suspended sentence of imprisonment that has been activated;
"offence" means each of the offences for which the person was sentenced to actual imprisonment.
Assignment of the task of forming a Government§
Period for forming a Government§
A member of the Knesset upon whom the President of the State has assigned the task of forming a Government under section 7 is given a period of 28 days in which to fulfil the task; the President may extend this period by additional periods, provided that they do not together exceed 14 days.
Re-assignment of the task§
Assignment of the task at the request of a majority of members of the Knesset§
Early elections in the absence of a Government§
Cessation of proceedings for forming a Government§
If a law on the dissolution of the Knesset has been passed, the proceedings for forming a Government shall cease.
Formation of the Government§
Formation of a rotation government§
"rotation date" means a specified date on which the rotation between the Prime Minister and the alternate prime minister and between the alternate prime minister and the Prime Minister is to take place;
"rotation government" means a Government at the head of which, during its term of office, the member of the Knesset who formed the Government and an additional member of the Knesset shall serve alternately;
"alternate prime minister" means the member of the Knesset designated to serve as Prime Minister in a rotation government and the member of the Knesset who served in that rotation government as Prime Minister before the rotation.
the rotation government shall be formed once the Knesset has expressed confidence in it, and from that moment the Ministers shall enter into office.
Declaration of allegiance§
Once the Knesset has expressed confidence in the Government, or as soon as possible thereafter, the Prime Minister shall declare before the Knesset the following declaration of allegiance: "I (name) undertake, as Prime Minister, to bear allegiance to the State of Israel and its laws, to faithfully fulfil my duties as Prime Minister, and to uphold the decisions of the Knesset"; and each of the other Ministers shall declare the following declaration of allegiance: "I (name) undertake, as a member of the Government, to bear allegiance to the State of Israel and its laws, to faithfully fulfil my duties as a member of the Government, and to uphold the decisions of the Knesset".
Addition of a Minister§
The Government may, on the proposal of the Prime Minister, add an additional Minister to the Government; if the Government has decided to add a Minister, it shall notify the Knesset thereof and of the functions or areas of activity for which the additional Minister is responsible; upon approval of the notification by the Knesset, the additional Minister shall enter into office, and as soon as possible after the approval shall declare the declaration of allegiance.
Acting Prime Minister§
Investigation of the Prime Minister during and after the term of office, filing of an indictment and conviction§
Termination of office of the Prime Minister on account of an offence§
Resignation of the Prime Minister§
The Prime Minister may, after having notified the Government of the intention to do so, resign by submitting a letter of resignation to the President of the State; the resignation of the Prime Minister shall be treated as the resignation of the Government.
Prime Minister who has died or who is permanently incapacitated from fulfilling the role§
Prime Minister or acting Prime Minister who has ceased to be a member of the Knesset§
Termination of a Minister's tenure§
Termination of a Minister's tenure on account of an offence§
Acting for a Minister§
Additional Minister in a ministry§
In a ministry headed by a Minister, an additional Minister may be appointed, who shall be responsible, subject to the Minister heading the ministry, for certain areas within the areas of activity of the ministry.
Deputy Ministers§
Expiry of a Deputy Minister's tenure§
The tenure of a Deputy Minister ceases in any of the following:
Termination of a Deputy Minister's tenure on account of an offence§
A court that has convicted a Deputy Minister of an offence shall determine in its judgment whether that offence involves moral turpitude; if the court so determined, the tenure of the Deputy Minister shall cease on the day the judgment is given.
Vote of no confidence in the Government§
Power to dissolve the Knesset§
Continuity of the Government§
Assignment of the task of forming a Government to a Minister or Deputy Minister whose membership of the Knesset has ceased§
Notwithstanding the provisions of sections 7 to 11, 13 and 29, the task of forming a Government may be assigned to a Minister or Deputy Minister whose membership of the Knesset has ceased pursuant to section 42c of Basic Law: The Knesset, a request may be made to assign to him the task of forming a Government, or he may be proposed as a candidate for Prime Minister, in accordance with the provisions of those sections, even though he is not a member of the Knesset; however, upon becoming Prime Minister, his membership of the Knesset shall be renewed in accordance with the provisions of section 42c(c)(2) of Basic Law: The Knesset.
Acting Prime Minister, Acting Prime Minister in practice, or alternate Prime Minister who is a Minister or Deputy Minister whose membership of the Knesset has ceased§
Notwithstanding the provisions of sections 5(d), 16(c), 30(c) and 43a, a Minister whose membership of the Knesset has ceased pursuant to section 42c of Basic Law: The Knesset may be chosen, in accordance with the provisions of those sections, as acting Prime Minister or as Acting Prime Minister in practice, or a Minister or Deputy Minister whose membership of the Knesset has ceased as aforesaid may be chosen as alternate Prime Minister, even though he is not a member of the Knesset; however, upon being so chosen, his membership of the Knesset shall be renewed in accordance with the provisions of section 42c(c) of that Basic Law.
Functioning of the Government§
Residual powers of the Government§
The Government is competent to perform, in the name of the State, subject to any law, any act the performance of which is not imposed by law upon another authority.
Delegation of powers§
Assumption of powers§
A Minister responsible for the implementation of a law may assume any power, except a power of a judicial nature, vested by that law in a State employee, unless a contrary intention is implied by the law; the Minister may do so in relation to a particular matter or for a particular period.
Confidentiality§
Salary and benefits§
The salaries of Ministers and Deputy Ministers and other payments to be paid to them during or after their term of office, or to their survivors after their death, shall be prescribed by law, or by a decision of the Knesset or of a committee thereof that the Knesset has authorised to do so.
Regulations§
Declaration of a state of emergency§
Making of emergency Regulations§
Declaration of war or taking of significant military action§
Non-application of emergency Regulations§
Notwithstanding the provisions of any law, emergency Regulations may not amend this Basic Law, temporarily suspend its effect, or subject it to conditions.
The Government and Knesset committees§
Change of date of elections§
Where a date for elections to the Knesset has been set pursuant to sections 11 and 29, the Knesset may, by a decision passed by a majority of its members, within five days from the date on which the grounds for holding the elections arose, determine that, owing to the proximity of the date of elections to a festival, occasion or day of remembrance, the elections shall be postponed to a date to be determined by it that is not later than 100 days from the date on which the grounds arose.
Rotation between Prime Minister and Alternate Prime Minister other than at the date of rotation§
Rotation between Prime Minister and Alternate Prime Minister due to dissolution of the Knesset before the end of its term of office§
Without derogating from the provisions of sections 13a and 43a, rotation between the Prime Minister and the Alternate Prime Minister shall take place before the date of rotation, in accordance with the provisions of section 13a(g) and (h), also on each of the following dates as detailed below:
Alternate Prime Minister — acting substitute for the Prime Minister§
The Alternate Prime Minister in a rotation Government shall be the acting substitute for the Prime Minister pursuant to section 5(d), and no other acting substitute for the Prime Minister shall be appointed.
Removal from office of the Alternate Prime Minister§
Notwithstanding the provisions of section 22(b), the Prime Minister in a rotation Government may not remove the Alternate Prime Minister from office.
Ministers in a rotation Government§
Deputy Ministers in a rotation Government§
Authority of the Prime Minister to dissolve the Knesset in a rotation Government§
The authority of the Prime Minister in a rotation Government to dissolve the Knesset by Order pursuant to section 29(a) requires the consent of the Alternate Prime Minister.
Status of the Alternate Prime Minister§
(Repealed — תש״ף)
Vote of no confidence in a rotation Government§
If the Knesset has decided to express no confidence in a rotation Government and to express confidence in another Government, pursuant to section 28, neither the Prime Minister nor the Alternate Prime Minister of the rotation Government in which no confidence was expressed shall be entitled to head the other Government.
Entrenchment of the law§
Amendment of Basic Law: The Knesset — No. 30§
In Basic Law: The Knesset —
"Knesset oversight of subordinate legislation
21a. (a) Regulations made by a Minister that prescribe criminal punishment for their breach shall not enter into force unless approved, before their publication, by a committee of the Knesset committees within whose area of responsibility the matter falls; if the committee has not decided on the approval or rejection of the Regulations within 45 days from the date on which the Regulations were submitted to it, the Regulations shall be deemed to have been approved.
"Dissolution due to non-passage of budget law
36a. (a) If the budget law has not been passed within three months from the commencement of the fiscal year, the day following the end of that period (hereinafter — the determining date) shall be deemed as if the Knesset had decided on its dissolution before the end of its term of office, and early elections shall be held on the last Tuesday before the expiry of 90 days from the determining date, unless the Knesset has decided by a majority of its members, within five days from the determining date, owing to the proximity of the date of the elections to a festival, occasion or day of remembrance, to hold the elections at a later date, but no later than 100 days from the determining date.
Repeal of Basic Law: The Government§
Basic Law: The Government — is repealed.
Commencement and application§
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