Israel: Basic Law of 1958, The Knesset | Refworld (original) (raw)
1.What the Knesset is
The Knesset is the parliament of the State.
2.Place of sitting
The place of sitting of the Knesset is Jerusalem.
3.Composition
The Knesset shall, upon its election, consist of one hundred and twenty members.
4.Electoral system
The Knesset shall be elected by general, national, direct, equal, secret and proportional elections, in accordance with the Knesset Elections Law; this section shall be not be varied save by a majority of the members of the Knesset.
5.The right to vote
Every Israel national of or over the age of eighteen years shall have the right to vote in elections to the Knesset unless a court has deprived him of that right by virtue of any Law; the Elections Law shall determine the time at which a person shall be considered to be eighteen years of age for the purpose of the exercise of the right to vote in elections to the Knesset.
6.The right to be elected
(a)Every Israel national who on the day of the admission of a candidates list containing his name is twenty-one years of age or over shall have the right to be elected to the Knesset unless a court has deprived him of that right by virtue of any Law or he has been sentenced to a penalty of actual (i.e., not suspended - Tr.) imprisonment for a term of five years or more for an offence against the security of the State designated in that behalf by the Knesset Elections Law and five years have not yet passed since the day when he terminated his period of imprisonment.1
(b)Where an Israeli national is a national also of another state, and the law of that state enables his release from its nationality, he shall not be a candidate for the Knesset unless, by the time of the submission of the candidates' list including his name and to the satisfaction of the chairman of the Knesset Central Elections Committee, he has done everything required on his part to be released therefrom. For this purpose, a person shall not be regarded as a national of another state unless, at any time, he had a passport of that state or another document attesting to his being a national of that state.2
7.Who shall not be a candidate
The following shall not be candidates for the Knesset:
(1)the President of the State;
(2)the two Chief Rabbis;
(3)a judge (shofet), so long as he holds office;
(4)a judge (dayan) of a religious court, so long as he holds offices;
(5)the State Comptroller;
(6)the Chief of the General Staff of the Defence Army of Israel;
(7)rabbis and ministers of other religions while holding office for a remuneration.3
(8)senior State employees and senior Army officers of such grades or ranks and in such functions as shall be determined by Law.
7A.Prevention of participation of candidates' list4
A candidates' list shall not participate in elections to the Knesset if its objects or actions, expressly or by implication, include one of the following:
(1)negation of the existence of the State of Israel as the state of the Jewish people;
(2)negation of the democratic character of the State;
(3)incitement to racism.
8.Term of office of the Knesset
The term of office of the Knesset shall be four years from the day on which it is elected.
9.Date of elections
The elections to the Knesset shall take place on the third Tuesday of the month of Cheshvan in the year in which the tenure of the outgoing Knesset ends, but if the year which preceded that year was a leap year, the elections shall take place on the first Tuesday of that month.9
10.Election day to be a day of rest
Election shall be a day of rest, but transport services and other public services shall function normally.
11.Publication of election results
The results of the elections shall be published in Reshumot within fourteen days from election day.
12.Convening of the Knesset
The Knesset shall convene for its first meeting on Monday in the second week following the week in which the election results are published, at four o'clock in the afternoon, or, if that day is a festival or the eve of festival, on the workday next following the festival.
13.Opening of the Knesset
The Knesset shall be opened by the President of the State or, in his absence, by the oldest Knesset member present; if the President of the State opens the Knesset, he shall hand over the chairmanship of the meeting to the oldest Knesset member present.
14.Declaration of allegiance by members of the Knesset
When the oldest Knesset member has opened the first meeting of the Knesset or taken over the chairmanship thereof, he shall make his declaration of allegiance as a Knesset member; the declaration shall read as follows:
"I pledge myself to bear allegiance to the State of Israel and faithfully to discharge my mandate in the Knesset."
When the oldest Knesset member has made his declaration of allegiance, he shall read the text once more to the members of the Knesset, and each of them in turn shall rise and declare:
"I pledge myself".
15.Declaration after the opening meeting
A Knesset member who was not present at the opening meeting or who became a Knesset member after that meeting shall make his declaration of allegiance at the first meeting that he attends; the chairman of the meeting shall read to him the text of the declaration, and the member shall rise and declare:
"I pledge myself."
16.Failure to make declaration
Where the Chairman of the Knesset has called upon a member of the Knesset to make his declaration of allegiance an the member has not done so, the member shall not enjoy the rights of a member of the Knesset so long as he has not made the declaration.
17.Immunity of Knesset members
The members of the Knesset shall have immunity; particulars shall be prescribed by Law.
18.Immunity of Knesset buildings
Th building of the Knesset shall have immunity; particulars shall be prescribed by Law.
19.Procedure and rules
The Knesset shall itself prescribe its procedure; in so far as such procedure has not been prescribed by Law, the Knesset shall prescribe it by rules; so long as the procedure has not been prescribed as aforesaid, the Knesset shall follow its accepted practice and routine.
20.Chairman and Vice-Chairmen
The Knesset shall elect from among its members a Chairman and Vice-Chairmen.
"Acting Chairman and Interim Chairman of Knesset
20A.
(a)Whenever the Chairman of the Knesset leaves the territory of the State, a Vice-Chairman shall serve as Acting Chairman until his return.
(b)Whenever the Chairman of the Knesset notifies the House Committee, or if the House Committee decides, that for reasons of health the Chairman of the Knesset is temporarily unable to carry out his functions, a Vice-Chairman shall serve as Acting Chairman until the Chairman notifies the House Committee or until the House Committee decides that the Chairman is no long unable to carry out his functions.
(c)When the post of Chairman of the Knesset has fallen vacant - because the Chairman has resigned or has died or because the House Committee has decided that for reasons of health he is permanently unable to carry out his functions - a Vice-Chairman shall serve as Interim Chairman until the Knesset elects a new Chairman.
(d)The Vice-Chairman who is to serve as Acting Chairman or Interim Chairman of the Knesset shall be elected in that behalf by the House Committee.
(e)During his tenure as Acting Chairman or Interim Chairman of the Knesset, the Vice-Chairman shall serve in every capacity assigned to the Chairman of the Knesset by law, shall carry out every function imposed upon the Chairman of the Knesset by law and shall exercise every power vested in the Chairman of the Knesset by law.
(f)The provisions of this section shall also apply, mutatis mutandis, if the circumstances envisaged in subsection (a), (b), or (c) with regard to the Chairman of the Knesset exist with regard to a Vice-Chairman who is serving as Acting Chairman or Interim Chairman.10
21.Committees
The Knesset shall elect from among its members permanent committees, and it may elect from among its members committees for specific matters; the functions, powers and procedurre of the committees shall, in so far as they are not prescribed by Law, be prescribed by the Rules.
22.Commissions of inquiry
The Knesset may appoint commissions of inquiry - either by empowering one of the permanent committees in that behalf or by electing a commission from among its members - to investigate matters designated by the Knesset; the powers and functions of a commission of inquiry shall be prescribed by the Knesset; every commission of inquiry shall include also representatives of party groups which do not participate in the Government, in accordance with the relative strength of the party groups in the Knesset.
23.Government member who is not a member of the Knesset
A member of the Government who is not a member of the Knesset shall, as to everything relating to the Knesset, have the same status as a member of the Government who is a member of the Knesset, except that he shall not have the right to vote.
24.Quorum
The Knesset shall hold debates and pass decisions whatever the number of members present save as otherwise provided by Law.11
25.Majority
Save as otherwise provided by Law, the Knesset shall pass its decisions by a majority of those participating in the voting - those abstaining not being reckoned as participating - and the voting procedure shall be prescribed by the Rules.
26.Meetings
The meetings of the Knesset shall be held at its place of sitting:
Provided that in special circumstances the Chairman of the Knesset may, in consultation with the Vice-Chairmen, convene the Knesset elsewhere. The meetings of the Knesset shall take place on workdays.
27.Publicity of meetings
The Knesset shall sit in public unless it has been decided, under such conditions and in such manner as has been prescribed by the Rules, that it shall sit in camera.
28.Publication-open meetings
The publication of proceedings taken and utterances made at an open meeting is not restricted and does not entail any criminal or civil liability:
Provided that the chairman of the meeting may, in such manner as has been prescribed by the Rules, prohibit the publication of anything the publication of which may, in his opinion, prejudice the security of the State.
29.Publication-closed meetings
The publication of proceedings taken and utterances made at a closed meeting is prohibited in so far as it has not been permitted in the manner prescribed by the Rules.
30.Prohibited publication
A person who publishes anything the publication of which is prohibited under he proceeding two sections is liable to the penalties prescribed by Law.
31.Sessions
(a)The Knesset shall hold two sessions a year; one of them shall open within four weeks after the Feast of Tabernacles, the other within four weeks after Independence Day; the aggregate duration of the two sessions shall not be less than eight months.
(b)If a Knesset has been elected otherwise than at the date prescribed in section 9, the House Committee shall prescribe the times of the two terms in the year in which it was elected.12
32.Time for opening of sessions
If the Knesset has not been convened within the four weeks referred to in the preceding section, it shall convene on Monday in the fifth week, at four o'clock in the afternoon.
33.Convening of the Knesset out of season
In addition to the aforementioned sessions, the Chairman of the Knesset shall convene the Knesset upon the demand of thirty members of the Knesset or upon the demand of the Government.
34.Dissolution of the Knesset
The Knesset shall not decide to dissolve itself before the expiration of its term of office save by adopting a Law for that purpose.
35.Date of elections after dissolution of the Knesset
The Law concerning the dissolution of the Knesset shall contain a provision as to the date of the elections to the next Knesset.
36.Term of office of the Knesset after dissolution
If the Knesset decides to dissolve itself, the term of office of the next Knesset shall run until the month of Cheshvan next following the termination of four years from the day of its election.
37.Continuity of the Knesset
The outgoing Knesset shall continue to hold office until the convening of the incoming Knesset.
38.Extension of validity of enactments
Any enactment due to expire during the last two months of the term of office of the outgoing Knesset or within four months after the Knesset has decided to dissolve itself or during the first three months of the term of office of the incoming Knesset shall continue in force until expiration of the said three months.
39.Remuneration of members of the Knesset
The members of the Knesset shall receive a remuneration as provided by Law.
40.Resignation of member of the Knesset
A member of the Knesset may resign his office; resignation shall be by personal presentation of a letter of resignation by the resigning member to the Chairman of the Knesset or, if the member is unable to present the letter of resignation personally, by transmission thereof in the manner prescribed by the Rules; the letter of resignation shall be signed on the day of the presentation or transmission.
41.Consequences of resignation
If a member of the Knesset tenders his resignation, his membership of the Knesset shall cease forty-eight hours after the letter of resignation reaches the Chairman of the Knesset, unless the member withdraws resignation before then.
42.Termination of tenure of member of the Knesset
If a member of the Knesset is elected or appointed to one of the posts the holders of which are debarred from being candidates for the Knesset, his membership of the Knesset shall cease upon the election or appointment.
42A.Knesset Member who has been convicted
(a)The Knesset may, by resolution, remove a Knesset Member from office if it finds that he is not worthy of his office because he has been convicted, by final judgment, of a criminal offence and been sentenced to a penalty of actual (i.e., not suspended - Tr.) imprisonment for a term of one year or more.
(b)The Knesset shall not move a Knesset from office save following a complaint brought before the House Committee by at least ten Knesset Members and upon the proposal of the House Committee. A resolution of the Knesset to remove a Knesset Member from office shall not be passed save by a two-thirds majority of the Members of the Knesset.
(c)The House Committee shall not propose, and the Knesset shall not resolve upon, the removal of a Knesset Member from office before he has been given an opportunity to be heard.
42B. Suspension
(a)Where a Knesset Member has been convicted of a criminal offence, the House Committee may, upon the proposal of any Knesset Member, suspend him from office as a Knesset Member for the period during which the judgment is not final.
(b)Where a Knesset Member has been convicted of a criminal offence and sentenced to imprisonment, the House Committee may, upon the proposal of any Knesset Member, suspend him from his office as a Knesset Member for the period during which he is undergoing his penalty of imprisonment.
(c)The House Committee shall not pass a resolution under this section before the Knesset Member has been given an opportunity to be heard.13
43.Replacement of Knesset member
(a)If the seat of a member of the Knesset falls vacant, it shall be filled by the candidate who, in the list of candidates which included the name of the late member, figured immediately after the last of the elected candidates.
(b)Where a person's membership of the Knesset has been suspended under section 42B, his seat shall become vacant for the period of the suspension and his place shall be taken by the candidate referred to in subsection (a). If he resumes his seat, the last of the list of candidates who became a Knesset Member shall cease to hold office, but his right to become again a Knesset Member thereafter, by virtue of the provision of subsection (a), shall not be affected thereby.14
44.Law not to be affected by emergency regulations
Notwithstanding the provision of any other law, this Law cannot be varied, suspended, or made subject to conditions, by emergency regulations.
45.Entrenched sections
Section 44, or this section, shall not be varied save by a majority of eighty members of the Knesset.
46.Special majority when required
The majority required by this Law for a variation of section 4, 44 or 45 shall be required for decisions of the Knesset plenary at every stage of law-making, except a debate on a motion for the Knesset agenda. In this section, "variation" means both an express and an implicit variation.15
1 amended by Amendment No. 8, passed by the Knesset on 1 April, 1981 and published in Sefer Ha-Chukkim No. 1016 dated 7 April, 1981.
2 added by the Amendment No. 10, passed by the Knesset on 19 May, 1987 and published in Sefer Ha-Chukkim No. 1215 dated 27 May, 1987.
3 amended by Amendment No. 2, passed by the Knesset on 29 July, 1959 and published in Sefer Ha-Chukkim No. 286 dated 6 August, 1959.
4 added by Amendment No. 9, passed by the Knesset on 31 July 1985 and published in Sefer Ha-Chukkim NO. 1155 dated 7 August 1985.
9 amended by Amendment No. 1, passed by the Knesset on 22 July, 1959 and published in Sefer Ha-Chukkim No. 285 dated 30 July, 1959.
10 added by Amendment No. 4, passed by the Knesset on 14 March, 1967 and published in Sefer Ha-Chukkim No. 493 dated 23 March, 1967.
11 amended by Amendment No. 6, passed by the Knesset on 16 July, 1980 and published in Sefer Ha-Chukkim No. 977 dated 25 July, 1980.
12 amended by Amendment No. 5, passed by the Knesset on 17 July, 1974 and published in Sefer Ha-Chukkim No. 741 dated 25 July, 1974.
13 added by Amendment No. 7, passed by the Knesset on 1 April, 1981, and published in Sefer Ha-Chukkim No. 1016 dated 7 April, 1981.
14 amended by Amendment No. 7, passed by the Knesset on 1 April, 1981 and published in Sefer Ha-Chukkim No. 1016 dated 7 April, 1981.
15 added by Amendment No. 3, passed by the Knesset on 6 August, 1959 and published in Sefer Ha-Chukkim No. 291 dated 16 August, 1959.