Technical note: Basic Law - replacement of government by vote of 61 MKs
without elections
Dr Aaron Lerner 8 March 2007

While many are talking about the possibility of new elections, a review of
the law indicates that the law provides an alternative that does require the
MKs to risk their seats.

Under Article 28 of Basic Law: The Government, if 61 MKs support the
replacement of the ruling government by a new coalition headed by a
different MK then new elections are not required to change governments.

In addition, if the prime minister should opt for snap elections under
Article 29, 61 MKs can stop the elections by supporting an MK to form a new
government.

It should be noted that the role of the president in the process (currently
Dalia Itzik acting in place of Katzav) is strictly delineated, thus the
identity of the president can have no influence on the process.

Below are relevant excerpts of the law:

Basic Law: The Government (2001)
www.mfa.gov.il/MFA/MFAArchive/2000_2009/2001/3/Basic%20Law-%20The%20Government%20-2001-

Formation of Government.
...
13. (d) When a Government has been formed, it shall present itself to the
Knesset, shall announce the basic lines of its policy, its composition and
the distribution of functions among the Ministers, and shall ask for an
expression of confidence. The Government is constituted when the Knesset has
expressed confidence in it, and the Ministers shall thereupon assume office.

...
Expression of no confidence in the Government.

28. (a) The Knesset may adopt an expression of no confidence in the
Government.

(b) An expression of no confidence in the Government will be by a decision
adopted by the majority of the Members of Knesset to request that the
President assign the task of forming a Government to a certain Knesset
member who gave his written consent thereto.

(c) If the Knesset has expressed no confidence in the Government, the
Government shall be deemed to have resigned on the day of the expression of
no confidence. The President will, within two days, charge the Knesset
Member so named with the task of forming a Government.

(d) A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have a period of 28 days for its
fulfilment. The President of the State may extend the period by additional
periods not in the aggregate exceeding 14 days.

(e) Where the periods referred to in subsection (d) have passed and the
Knesset Member has not notified the President of the State that he has
formed a Government, or where he has notified him before then that he is
unable to form a Government, the President will so notify the Speaker of the
Knesset.

(f) If the President so informed the Speaker of the Knesset as per
subsection (e) or where he presented a Government and the Knesset rejected
his request for confidence under section 13(d), it will be deemed to be a
Knesset decision to disperse prior to the completion of its period of
service, and elections to the Knesset will be held on the last Tuesday
before the end of 90 days of the President's announcement, or of the
rejection of the request for confidence in the Government, as relevant.

Authority to disperse the Knesset.

29. (a) 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.
The order will enter into effect 21 days after its publication, unless a
request is submitted under subsection (c), and the Government will be deemed
to have resigned on the day of the order's publication.

(b) Within 21 days of the publication of the order, a majority of the
Knesset Members may request that the President charge one of its members,
who has so agreed in writing and who is not the Prime Minister, with the
task of forming a government.

(c) Where a request as aforesaid has been submitted to the President, the
President shall inform the Speaker of the Knesset. The President shall
assign the task of forming a Government to the Knesset Member named in the
request within two days.

(d) A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have a period of 28 days for its
fulfilment. The President of the State may extend the period by additional
periods not in the aggregate exceeding 14 days.

(e) Should no such request be submitted under subsection (b), or if the
period defined in subsection (d) passed, and the Knesset Member did not
inform the President that he formed a government or where he presented a
Government and the Knesset rejected his request for confidence under section
13(d), it will be deemed to be a Knesset decision to disperse prior to the
completion of its period of service, and elections to the Knesset will be
held on the last Tuesday before the end of 90 days of the President's
announcement, or of the rejection of the request for confidence in the
government, as relevant.

(f) If the President gave notice under subsection (3) or if the Knesset
member presented a Government and the Knesset rejected the request that it
express confidence in it under section 13(d), then the Knesset is deemed to
have decided to disperse before the end of its term of office, and elections
to the Knesset will be held on the last Tuesday before the end of 90 days of
the President's announcement, or of the rejection of the request for
confidence in the government, as relevant.

(g) The Prime Minister may not exercise his authority according to this
section -
(1) From the beginning of the period of service of the incoming Knesset and
until the establishment of the new Government.
(2) After the Knesset has expressed no confidence in the Government under
section 28.
(3) After the resignation of the Prime Minister, or from the day on which
the Knesset committee of the Knesset decided to recommend that he be removed
from service and until the day the Knesset plenum renders its decision in
the matter in accordance with the provisions of section 18(a).

(h) An Acting Prime Minister shall not be entitled to exercise the authority
of the Prime Minister under this section.