sense of legal right, the means of enforcing it, and the habit of obedience to legally constituted authority?”
It certainly cannot be said that the conditions in Pakistan are the same as those in the Latin American Republics. In this sub-continent, after the government of Great Britain took over from the East India Company, self-governing institutions and the rule of law were introduced. Municipalities and Union Boards come into existence, and the civil administration was kept entirely separate from the military and. therefore, military habits were not implanted in this country. On the other hand, one of the institutions for which the people, including the armed forces, have always had the greatest respect, is the judiciary. That being so, it is not correct to compare our position with that of the above- said Republics, in which the presidential system was introduced at a time when there was no respect for law and order. If the British had not introduced the rule of law and the self- governing institutions when they took over from the East India Company, perhaps, in this sub-continent also military habits might have developed. The armed forces in this country have been, from the beginning, in favor of a democratic form of government. It has been explained by the present President that he, as the head of the army, was, on more than one occasion, asked to take over by the then heads of the state and still he desisted, and when he did take over in 1958. he promised to restore popular government after stabilizing the conditions in the country, and the fact that this Commission was appointed indicates that he is going to carry out that promise. It is heartening to find that the opinion of the armed forces placed before the Commission is in favor of a representative form of government.
Note of Warning
53. We should, however, like to sound a note of warning. Our recommendation that the presidential form of government may be adopted does not mean that we regard it as a fool-proof scheme, which would avoid any constitutional breakdown in future. We recommended that form of government because, on a careful consideration of the possibilitics and the probabilitics of the situation and the experience we have gained during the past few years since Independence, we consider that it is a safer form to be adopted in our present circumstances. We are certainly not pessimistic about the future but we are convinced that unless we evolve a system of checks and balances, which, while preventing deadlocks between the legislature and the President, provides a healthy restraint on the exercise by the executive of its powers. there will be difficulties in working this form of government also. In order to determine the question of checks and balances it is necessary first to deal with the question whether the system of government should be unitary or federal and whether he legislature should be unicameral or bicameral................
