This is what is needed to dismantle the government Questions Answers | Israel today

MK Idit Silman's announcement today (Wednesday) of resigning from the coalition has led the government to chaos, and one of the real options on the table again is another round of elections. The Israel Today system has answered all possible questions. 

How does a government fall?

There are three ways to overthrow a government:

1. Vote on the dissolution of the Knesset.

Section 34 of the Basic Law allows the Knesset to decide on its dissolution before the end of its original term of office, by approving a law on a matter that will be approved by a majority of Knesset members in three readings.

2. Failure to transfer budget.

The law states that "if the budget law is not passed within 3 months from the beginning of the fiscal year or within 45 days from the date of the formation of the government, as if the Knesset has decided to dissolve it and early elections will be held within 90 days."

3. No-confidence vote.

Instead of automatically going to the polls after the overthrow of the government, Israeli law allows Knesset members to form an alternative government without dissolving the Knesset, by a majority of 61. This vote is called "constructive distrust."

Bennett-Lapid Government, Photo: Oren Ben Hakon

When will the elections take place in case the Knesset dissolves?

Section 35 stipulates that the law directing the dissolution of the Knesset must specify the date of the early elections to the next Knesset, and that this date shall be no later than five months from the date of the passage of the law.

If the Knesset dissolves and elections are announced - who will be the prime minister?

According to section 43A of the Basic Law: The Government, in the event that another member (along with MK Silman) from Gush Bennett in the coalition votes in favor of dissolving the Knesset, Lapid will automatically become the transitional prime minister. He will remain in charge of the transitional government until a new government is formed or until the date of the exchange with Lapid (August 27, 2023), whichever is earlier.

Prime Minister Bennett with Ministers Lapid and Saar (Archive), Photo: Oren Ben Hakon

Is it possible to replace the Speaker of the Knesset in the event that the Knesset is not dissolved but an alternative government is formed?

The Speaker of the Knesset may be replaced by a vote only and by a majority of 90 Knesset members.

Is it possible to declare Edith Silman a retiring MK?

Section 6A of the Basic Law: The Knesset deals with the issue and states that "a retiring faction, including a vote in the Knesset plenum, not in accordance with the faction's position regarding expressing confidence in or distrust of the government;

Due to the word “including” at the beginning of the law, a faction can actually declare an MK retiring if he does not vote like her.

What exactly is a retiring MK?

This is a split of a single MK or several MKs from a faction.

The splits are defined as retirees, and are subject to very severe sanctions: they will not be able to serve as ministers or deputy ministers in the current Knesset, run in the next election with a party represented in the current Knesset, and will not be able to form a new faction or join an existing faction.

At the same time, retirees will be able to take on all parliamentary positions according to Knesset regulations - including tenure in committees and even as chairmen - except for submitting a motion of no confidence.

MK Idit Silman, Photo: Oren Ben Hakon

And what is the law of splitting a party from a common faction?

No sanctions will be imposed on a party splitting from a common faction - a situation in which the party actually forms a new faction or joins an existing faction.

The splitters will not be restricted.

A split of a third of the faction members will also be defined as a distribution.

In this situation the MKs will be able to join the government and run in the next elections freely, but if the distribution takes place in the first two years of the Knesset tenure, the new faction of the distributors will not receive ongoing party funding.

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