Article 1 of the Constitution of Israel

for that purpose by Law. 3. Definition In this Law, "lands" means land, houses, buildings and anything permanently fixed to land. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 20 Israel 1958 (rev. 2013) Basic Law: The President of the State (1964) 1. Status  Name/structure of executive(s) A President shall stand at the head of the State. 2. Place of residence The place of residence of the President of the State shall be Jerusalem. 3. Election and period of tenure (Amendments 2 and 4) a. The President of the State shall be elected by the Knesset for seven years.  Head of state selection  Head of state term length b. The President will serve for one term only.  Head of state term limits 4. Eligibility (Amendment 4)  Eligibility for head of state Every Israel national who is a resident of Israel is qualified to be a candidate for the office of President of the State. 5. Date of election (Amendment 8)  Scheduling of elections The election of the President of the State shall be held not earlier than ninety days and not later than thirty days before the expiration of the period of tenure of the President in office. If the place of the President of the State falls vacant before the expiration of his period of tenure, the election shall be held within forty-five days from the day on which such place falls vacant. The Chairman of the Knesset, in consultation with the Vice-Chairmen, shall fix the day of the election and shall notify it to all the members of the Knesset in writing at least three weeks in advance. If the day of the election does not fall in one of the session terms of the Knesset, the Chairman of the Knesset shall convene the Knesset for the election of the President of the State. 6. Proposal of candidates (Amendment 8)  Head of state selection a. 1. A proposal of a candidate for President of the State shall be submitted in writing to the Chairman of the Knesset, together with the consent of the candidate in writing, on the fourteenth day before the day of the election; A member of the Knesset shall not sponsor the proposal of more than one candidate; 2. A person any ten or more members of the Knesset proposed his candidacy shall be candidate for President of the State, except if the number of sponsors decreased below ten because of the deletion of the name of a member of the Knesset as described in subsection (3); constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 21 Israel 1958 (rev. 2013) 3. Where a member of the Knesset sponsored the proposal of more than one candidate, the name of that member of the Knesset shall be deleted from the list of sponsors for all candidates he sponsored; Where the number of sponsors of a candidate decreased below ten because of the deletion of a name from the list of sponsors, a member of the Knesset who did not sponsor any proposal may add his name to the list of sponsors of that candidate, no later than eight days before the day of the election. b. The Chairman of the Knesset shall notify all the members of the Knesset, in writing, not later than seven days before the day of the election, of every candidate proposed and of the names of the members of the Knesset who have proposed him, and shall announce the candidates at the opening of the meeting at which the election is held. 7. Voting  Head of state selection The election of the President of the State shall be by secret ballot at a meeting of the Knesset assigned only for that purpose. 8. Election by majority of votes (Amendments 7 and 9)  Head of state selection a. If there are two candidates or more, the candidate who has received the votes of a majority of the members of the Knesset is elected. If no candidate receives such a majority, a second ballot shall be held. At the second ballot only the two candidates who received the largest number of votes at the first ballot shall stand for election. The candidate who at the second ballot receives a majority of the votes of the members of the Knesset who take part in the voting and vote for one of the candidates is elected. If two candidates receive the same number of votes, voting shall be repeated. b. If there is only one candidate, the ballot will be in favor or against him and he is elected if the number of votes in his favor outweighs the number of votes against him. If the number of votes in his favor equals the number of votes against him, a second ballot shall be held. c. If no President of the State is elected under subsection (b), a repeat ballot shall be held within thirty days of the day of the ballot with accordance to Sections 5 to 7 and this Section, but the proposal of a candidate shall be submitted no later than seven days before the day of the election. 9. Declaration of allegiance  Oaths to abide by constitution The President-Elect shall make and sign before the Knesset the following declaration of allegiance: "I pledge myself to bear allegiance to the State of Israel and to its laws and faithfully to carry out my functions as President of the State.". 10. Making of declaration and commencement of period of tenure (Amendment 4) a. The President-Elect shall make his declaration of allegiance upon the expiration of the period of tenure of the preceding President of the State or as soon as possible beforehand, and shall begin to hold office upon the expiration of the period of tenure of the preceding President of the State. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 22 Israel 1958 (rev. 2013) b. If the place of the preceding President of the State falls vacant before the expiration of his period of tenure, the President-Elect shall make his declaration of allegiance as soon as possible after his election and shall begin to hold office upon making his declaration of allegiance. 11. Functions and powers (Amendments 3 and 5)  Head of state powers a. The President of the State - 1. shall sign every Law, other than a Law relating to its powers; 2. shall carry out the functions assigned to him by Basic Law: The Government; 3. shall receive from the Government a report on its meetings; 4. shall accredit the diplomatic representatives of the State, shall receive the credentials of diplomatic representatives sent to Israel by foreign states, shall empower the consular representatives of the State and shall confirm the appointments of consular representatives sent to Israel by foreign states;  Foreign affairs representative 5. shall sign such conventions with foreign states as have been ratified by the Knesset; 6. shall carry out every function assigned to him by Law in connection with the appointment and removal from office of judges and other office-holder's. b. The President of the State shall have power to pardon offenders and to lighten penalties by the reduction or commutation thereof.  Power to pardon c. The President of the State shall carry out every other function and have every other power assigned to him by Law. 12. Counter-signature (Amendments 2 and 5) The signature of the President of State on an official document, other than a document connected with the formation of a Government or the dissolution of a Knesset, shall require the countersignature of the Prime Minister or of such other Minister as the Government may decide. 13. Immunity with regard to discharge of functions a. The President of the State shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers. b. The President of the State shall not, in giving evidence, have to disclose anything which came to his knowledge in the discharge of his functions as President of the State. c. The immunity of the President of the State under this section shall continue after he has ceased to be President of the State. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 23 Israel 1958 (rev. 2013) 14. Immunity from criminal proceedings  Head of state immunity The President of the State shall not be criminally prosecuted. The period during which, by virtue of this section, the President of the State cannot be prosecuted for an offence shall not be counted in calculating the period of prescription of that offence. 15. Evidence If the President of the State is required to give evidence, his evidence shall be taken at such place and time as shall be determined with his sanction. 16. Salary and other payments (Amendment 1)  Legislative committees The salary of the President of the State, and other payments to be made to him during his period of tenure, shall be fixed by resolution of the Knesset, which may empower the Finance Committee in that behalf. Resolutions under this section shall be published in “Reshumot”. 17. President to hold no other office a. Save with the sanction of the House Committee of the Knesset, the President of the State shall not hold any post, or exercise any function, other than the post and functions of President of the State.  Legislative committees  Eligibility for head of state b. The President of the State shall be exempt from all compulsory service. 18. Departure for abroad The President of the State shall not leave the territory of the State save with the sanction of the Government. 19. Resignation  Head of state removal The President of the State may resign his office by submitting a letter of resignation to the Chairman of the Knesset. The letter of resignation shall not require a countersignature. The place of the President of the State shall become vacant forty-eight hours after the letter of resignation reaches the Chairman of the Knesset. 20. Removal of President from office  Legislative committees  Head of state removal a. The Knesset may, by resolution, remove the President of the State from office if it finds that he is unworthy of his office owing to conduct unbecoming his status as President of the State. b. The Knesset shall not remove the President of the State from office, save following a complaint brought before the House Committee by at least twenty members of the Knesset and upon the proposal of the House Committee passed by a three-quarters majority of the members of the Committee. A resolution by the Knesset to remove the President from office shall require a three-quarters majority of the members of the Knesset. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 24 Israel 1958 (rev. 2013) c. The House Committee shall not propose the removal of the President of the State from office before he has been given an opportunity to refute the complaint in accordance with procedure prescribed by the Committee with the approval of the Knesset, and the Knesset shall not resolve to remove the President of the State from office before he has been given an opportunity to be heard in accordance with procedure prescribed by the House Committee with the approval of the Knesset. d. The President of the State may be represented before the House Committee and before the Knesset by an authorized representative. A member of the Knesset shall not act as the representative of the President. The House Committee and the Knesset may summon the President of the State to be present at proceedings under this section. e. Proceedings of the Knesset under this section shall be taken at a meeting, or successive meetings, assigned solely for that purpose. The proceedings shall begin not later than twenty days after the resolution of the House Committee. The time of their beginning shall be notified by the Chairman of the Knesset to all the members of the Knesset, in writing, at least ten days in advance. If the beginning of the proceedings does not fall in one of the session terms of the Knesset, the Chairman of the Knesset shall convene the Knesset for the proceedings. 21. Vacation of post for reasons of health  Head of state removal a. The Knesset may, by resolution passed by a majority of its members, declare that for reasons of health the President of the State is permanently unable to carry out his functions. b. The Knesset shall not pass a resolution as aforesaid save upon the proposal of the House Committee passed by a two-thirds majority of its members on the strength of a medical opinion given in accordance with rules prescribed by the Committee. c. If the Knesset resolves as aforesaid, the place of the President of the State shall become vacant on the day of the resolution. 22. Temporary cessation of exercise of office (Amendment 2)  Legislative committees a. The President of the State shall temporarily cease to carry out his functions and exercise his powers – 1. if he leaves the territory of the State - from the time of his leaving until his return; 2. if he notifies the House Committee that he is temporarily unable to carry out his functions and the Knesset Committee approves his notification by a majority of votes – from the time of the approval of the notification until the expiration of the period fixed by the Committee in its resolution or until the President of the State notifies the House Committee that he is no longer unable to carry out his functions, whichever is the earlier date; constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 25 Israel 1958 (rev. 2013) 3. if the House Committee, by a two-thirds majority of its members, on the strength of a medical opinion given in accordance with rules prescribed by the Committee, resolves that for reasons of health the President of the State is temporarily unable to carry out his functions – from the passing of the resolution until the expiration of the period fixed by the House Committee in the resolution or until the House Committee resolves that the President is no longer unable to carry out his functions. b. The House Committee shall not, under subsection (a)(2) or (3), fix a period exceeding three months. It may extend the period, without a break, up to a maximum of three additional months. Any further extension shall require a resolution of the Knesset passed by a majority of the members of the Knesset upon the proposal of the House Committee. 23. Interim President and Acting President  Head of state replacement a. If the place of the President of the State has fallen vacant, and so long as the new President has not yet begun to hold office, the Chairman of the Knesset shall hold office as Interim President of the State. b. During a period in which the President of the State has temporarily ceased to carry out his functions and exercise his powers, the Chairman of the Knesset shall hold office as Acting President of the State. c. While holding office as Interim President of the State or Acting President of the State, the Chairman of the Knesset shall carry out the functions assigned to the President of the State by Law and shall exercise the powers vested in the President of the State by Law. 24. Notices in Reshumot a. The Chairman of the Knesset shall publish a notice in “Reshumot” as to - 1. the commencement of the tenure of the President of the State; 2. the vacancy of the place of the President of the State; 3. the commencement and termination of the tenure of the Chairman of the Knesset as Acting President of the State under section 22(a)(2) and (3). b. The Prime Minister shall publish a notice in “Reshumot” as to the President's leaving the territory of the State and as to his return. 25. Law not to be affected by emergency regulations  Emergency provisions Notwithstanding the provisions of any other law, this Law cannot be varied, suspended, or made subject to conditions, by emergency regulations. 26. Repeal a. There are hereby repealed - 1. sections 2(c), 6 and 7 of the Transition Law, 5709-1949; 2. the State President (Tenure) Law, 5712-1951; constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 26 Israel 1958 (rev. 2013) b. The State President, Government Members and Chief Rabbis of Israel (Fixing of Salaries) Law, 5711-1950, shall no longer apply to the salary of the President of the State or to payments due to him or his survivors. 27. Transitional provision The President of the State who was elected by the Knesset on the 27th Iyar, 5723 (21st May, 1963) shall be deemed to have been elected, and to hold office, under this Law. Basic Law: The State Economy (1975) 1. Taxes, compulsory loans, and fees (Amendment 1) a. Taxes, compulsory loans and other compulsory payment shall not be imposed, and their amounts shall not be varied, save by or under Law; the same shall apply with regard to fees. b. Where the amounts of any taxes, compulsory loans or other compulsory payments, or fees, payable to the Treasury are not prescribed in the Law itself, and the Law does not provide that the amounts prescribed therefore by regulations shall require approval by the Knesset or by a committee of the Knesset, the amounts prescribed therefore by regulations shall require approval - in advance or within the period prescribed by the Law - by a decision of the Knesset or of a committee of the Knesset empowered by it in that behalf. 2. State property Transactions in State property and the acquisition of rights and assumption of liabilities on behalf of the State shall be effected by a person empowered in that behalf by or under Law. 3. The State Budget (Amendments 1, 2, and 7)  Budget bills a. 1. The State Budget shall be prescribed by Law. 2. The Budget shall be for one year and shall set out the expected and planned expenditure of the Government. b. 1. The Government shall lay the Budget Bill on the table of the Knesset at the time prescribed by the Finance Committee of the Knesset but not later than sixty days before the beginning of the fiscal year  Legislative committees 2. The Budget Bill shall be detailed. 3. The detailed Budget Bill of the Ministry of Defense shall not be laid on the table of the Knesset but on the table of a joint committee of the Finance Committee and the Foreign Affairs and Security Committee of the Knesset.  Legislative committees 4. The Budget Bill shall be accompanied by an estimate of the sources for financing the Budget. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 27 Israel 1958 (rev. 2013) c. In case of necessity, the Government may bring in an Additional Budget Bill during the fiscal year. d. Where it appears to the Government that the Budget Law will not be adopted before the beginning of the fiscal year, it may bring in an Interim Budget Bill. e. The Minister of Finance shall submit to the Knesset every year a report on the implementation of the State Budget. Particulars shall be prescribed by Law. 3A. Multi-annual budget (Amendment 4)  Budget bills a. Towards every fiscal year, the Government shall prepare a multi-annual budget plan that will include the Budget Bill for the coming year, as well as a budget plan for the two following consecutive years. b. The Government shall submit to the Knesset the multi-annual budget plan together with the Budget Bill. c. Every budget bill submitted by the Government to the Knesset shall be based on the multi-annual budget plan prepared and submitted under with this Section in the previous year. 3B. Failure to adopt budget (Amendment 5)  Budget bills a. In case of non-adoption of the Budget Law prior to the beginning of the fiscal year, the Government is entitled to spend every month a sum equal to one twelfth of the previous annual budget, with increase linked to the consumer price index published by the Central Bureau of Statistics. b. Funds under Subsection (a) shall be designated first of all to fulfill the State's obligations by virtue of law, contracts and treaties. The remainder shall be used by the Government only for the operation of vital services and activities included in the previous Budget Law. c. This Section may not be altered, save by a majority of the members of the Knesset.  Constitution amendment procedure 3C. Legislation requiring a budget (Amendment 6, Announcements 1 and 2)  Budget bills a. A Budgetary Bill shall not be passed by the Knesset, save with the votes of at least 50 Members of the Knesset. The aforementioned majority is required in the first, second and third readings. However, should a Bill turn into a Budgetary Bill after first reading, the aforementioned majority is required in the second and third readings. b. A Budgetary Reservation shall not be passed by the Knesset, save with the votes of at least 50 Members of the Knesset. Where a Budgetary Reservation to a bill is passed, the Bill shall not pass the third reading save with the votes of at least 50 members of the Knesset. c. The determination of the Budgetary Cost, for the purpose of this Section, of a Bill or Reservation, shall be that of the Knesset Committee deliberating that Bill or Reservation (hereinafter - the Committee). The Committee shall determine the Budgetary Cost by the evaluation of the Minister of Finance, or someone authorized by him for that purpose, unless it has been proven to its satisfaction, by another evaluation submitted to it, that the Budgetary Cost is different from that evaluated by the Minister of Finance. Evaluations under this Section shall be submitted together with data and estimates.  Legislative committees d. In this Section - • "Budgetary Bill" – means a bill fulfilling all of the following: constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 28 Israel 1958 (rev. 2013) 1. It was submitted not by the Government; 2. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli Shekels or more, in any budget year; 3. The Government has not given its consent to the Budgetary Cost; • "Budgetary Reservation" – means a reservation to a bill, fulfilling all of the following: 1. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli Shekels or more, in any budget year; 2. The Government has not given its consent to the Budgetary Cost; • "Budgetary Cost" – means Expenditure or a commitment for Expenditure from State Budget, or a Diminution in State Revenues, even if that Expenditure or Diminution is accompanied by a reduction in Expenditure or a commitment for Expenditure from State Budget, or by an increase in State Revenues; • "Expenditure from State Budget", "Diminution of State Revenues" - including expenditure from the budget of a Budgeted Body, or a diminution in the revenues of a Budgeted Body; • "Budgeted Body" – as defined by Article 21 of the Foundations of the Budget Act, 5745-1985. e. The sums specified in the definitions of "Budgetary Bill" and "Budgetary Reservation" in subsection (d) shall be updated on the 1st of January of every year, according to the rate of change in the consumer price index published by the Central Bureau of Statistics. f. The provisions of this Section shall not apply to a bill regarding the dissolution of the Knesset and holding elections. 4. Currency notes and coins The printing of legal tender currency notes and the minting of legal tender coins, and the issue thereof, shall be done under Law. 5. Inspection (Amendment 3) The State economy shall be subject to the inspection of the State Comptroller. Basic Law: The Military (1976) 1. Defence Army of Israel The Defence Army of Israel is the army of the State. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 29 Israel 1958 (rev. 2013) 2. Subordination to civil authority a. The Army is subject to the authority of the Government. b. The Minister in charge of the Army on behalf of the Government is the Minister of Defence. 3. Chief of the General Staff  Designation of commander in chief a. The supreme command level in the Army is the Chief of the General Staff. b. The Chief of the General Staff is subject to the authority of the Government and subordinate to the Minister of Defence. c. The Chief of the General Staff shall be appointed by the Government upon the recommendation of the Minister of Defence. 4. Duty to serve and recruitment The duty of serving in the Army and recruitment for the Army shall be as prescribed by or by virtue of Law. 5. Instructions and orders in the Army The power to issue instructions and orders binding in the Army shall be prescribed by or by virtue of Law. 6. Other armed forces No armed force other than the Defence Army of Israel shall be established or maintained except under Law. Basic Law: Jerusalem, Capital of Israel (1980) 1. Jerusalem, Capital of Israel  National capital Jerusalem, complete and united, is the capital of Israel. 2. Seat of the President, the Knesset, the Government and the Supreme Court Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court. 3. Protection of Holy Places The Holy Places shall be protected from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings towards those places. constituteproject.org PDF generated: 18 Apr 2016, 15:20 Page 30 Israel 1958 (rev. 2013) 4. Development of Jerusalem a. The Government shall provide for the development and prosperity of Jerusalem and the well-being of its inhabitants by allocating special funds, including a special annual grant to the Municipality of Jerusalem (Capital City Grant) with the approval of the Finance Committee of the Knesset.  Legislative committees b. Jerusalem shall be given special priority in the activities of the authorities of the State so as to further its development in economic and other matters. c. The Government shall set up a special body or special bodies for the implementation of this section. 5. Area of the jurisdiction of Jerusalem (Amendment 1) The jurisdiction of Jerusalem includes, as pertaining to this basic law, among others, all of the area that is described in the appendix of the proclamation expanding the borders of municipal Jerusalem beginning the 20th of Sivan 5727 (June 28, 1967), as was given according to the Cities' Ordinance. 6. Prohibition of the transfer of authority (Amendment 1) No authority that is stipulated in the law of the State of Israel or of the Jerusalem Municipality may be transferred either permanently or for an allotted period of time to a foreign body, whether political, governmental or to any other similar type of foreign body. 7. Entrenchment (Amendment 1)  Constitution amendment procedure Clauses 5 and 6 shall not be modified except by a Basic Law passed by a majority of the members of the Knesset. Basic Law: The Judiciary (1984)