What Are the Powers of Israel's Caretaker Government During the Transition Period?

"It prohibits government appointments, yet allows wars." These two seemingly contradictory aspects converge in the powers of the caretaker government managing Israel for the upcoming period.

The Israeli government will remain as a caretaker administration for up to 12 weeks until a new government is formed.

By next week, the Israeli President will begin consultations with winning parties to determine which Knesset member will be tasked with forming the government.

The government formation process involves three attempts based on the candidate's ability to form a coalition. The first candidate is granted 28 days to complete this task, with the possibility of requesting a 14-day extension if necessary.

If the candidate fails to form a government even after this extension, responsibility returns to the President, who can then assign another Knesset member to attempt government formation. In this case, the available period is 28 days, without the option for an extension.

If this Knesset member also fails, a group of 61 Knesset members can request that the President grant the task to a third candidate. In this scenario, a 14-day deadline is given; if no government is formed by its end, new elections for the Knesset are announced.

Consequently, the outgoing government may serve as a caretaker administration for up to 12 weeks, potentially shorter depending on the candidates' ability to form a government.

During this potential period, ministers from the outgoing government continue performing their duties as part of the caretaker administration in the country.

Under the law, the caretaker government enjoys the same powers and authorities as a permanent government, possessing the ability to make legally binding decisions, including waging war, managing diplomacy, and exercising all aspects of policymaking.

What is a caretaker government and what are its powers?
"Parliamentary confidence"
The Taqiyat Institute for Public Policy, specializing in constitutional matters, states: "A caretaker government is defined as an administration that performs its duties during a transitional period, whether preceding or following elections, without enjoying parliamentary confidence."

It added: "Although this is normal in any parliamentary democratic system, Israel is an exceptional case regarding the frequency and length of periods during which a caretaker government holds power. Since the state's establishment until 2024, Israel was under a caretaker government for nearly 16.8% of the time."

It continued: "This phenomenon has worsened in recent years; between 2009 and 2025, Israel was managed by caretaker governments for 26% of the time."

It further noted: "The longest continuous transitional period, spanning from 2019 to 2021, lasted approximately 508 days. During that time, a government lacking Knesset confidence was responsible for managing the country amid the onset of the COVID-19 pandemic."

It argued that the fundamental difficulty lies not merely in the existence of a transitional government, but in how the limits of its powers and scope of work are defined. The mechanism adopted to regulate the powers of the transitional government must align with the institutional and political context in which it operates.

Full authority
It points out that "officially, the transitional government in Israel enjoys the same powers as a fully empowered regular government."

It stated: "The term 'transitional government' does not appear anywhere in the Basic Laws." The Basic Law: The Government only refers to the outgoing government, stipulating that it "continues to perform its duties until a new government is formed."

It added: "While this text ensures the continuity of governmental work and prevents a vacuum in executive power, it neglects to precisely define the roles assigned to it, imposes no substantial restrictions, and does not distinguish between the different stages of the transitional period, namely the pre-election and post-election phases."

Restrictions in 3 areas
It highlights the existence of restrictions in three main areas: appointments to senior public positions, decisions with financial implications, and international agreements, each subject to varying levels of constraints.

It clarified: "Regarding appointments to public office, this area exhibits the strictest and most detailed restrictions. Appointments by a transitional government inherently involve problematic issues; since the government no longer operates based on Knesset confidence, there are significant concerns that appointing a high-ranking official, whom future governments will have to work with, may reflect the orientations and policies of the outgoing government, hindering the incoming government from implementing its own policies."

It added: "For example, professional appointments made through open competition (tenders) can proceed, while the appointment of Director Generals, positions based on political trust, is prohibited."

War decision
In contrast, Yedioth Ahronoth newspaper states: "Behind the legal issue concerning the powers of the transitional government lie fears regarding political motives, in a scenario where war might be used to influence the formation of the next government, or even to push towards forming an emergency government."

It added: "Under the law, the principle of restraint and moderation governs the government's behavior until a new government is formed following the announcement of official election results."

According to guidelines from the Attorney General, the scope of powers and how the outgoing government exercises its functions differ from those of a regular government.

It continued: "The transitional government must exercise restraint in issues that do not require urgent necessity or pressing need for action during this period.

This principle, also emphasized by Supreme Court rulings, reflects concerns about creating a 'fait accompli' that could place the incoming government in an irreversible situation."

The guidelines state that "when considering decisions related to matters beyond routine administration, ministers must consult in advance with the legal advisor of the relevant ministry before making any decision."

Legally, there is no prohibition preventing the transitional government from engaging in war. Article 40 of the Basic Law: The Government does not differentiate between a regular government and a transitional one, requiring a decision by the government or the Security Cabinet (the Ministerial Committee for National Security Affairs) under delegation to wage war or undertake large-scale military operations that could lead to the outbreak of war.

It concluded: "Any step towards war would likely receive collective approval from Netanyahu's government or the Security Cabinet."