3.1. Grounds for President’s Rule

♤ The President’s Rule can be proclaimed under Article 356 on two grounds—one mentioned in Article 356 itself and another in Article 365.

o Art 356 provides for the proclamation by the President of India, on receipt of report from the Governor of a State or otherwise, if he is satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution.

o Article 365 is said be a precursor to article 356. Article 365 imposes a duty on the Union to ensure that the government in every state is carried on as per the provisions of the Constitution. Whereas Article 356 confers power upon the Union to ensure that Article 355 becomes effective.