The Indian Constitution is specifically crafted to address the unique needs of Indian society. By inserting certain unitarian aspects into the Constitution, the framers of the Constitution altered the fundamental nature of Indian federalism. This lends credence to the contention that the Indian Constitution is federal in form but unitary in essence.

1. Subjects of Jurisdiction:

The 7th Schedule to the Constitution serves as the foundation for the division of authorities and jurisdiction between the Union and the states in a federal political structure. It includes the Union List, State List, and Concurrent List.

However, if it is in the national interest, Parliament can legislate on subjects on the State List. Such legislation is feasible if a resolution supported by at least two-thirds of the Rajya Sabha members present and voting is passed.

2. Broader Scope of Union Power:

In case of any inconsistency between the laws made by Parliament and State Legislatures under Article 249 and 250, the law made by the Parliament shall prevail (Article 251). In case of a state law being unacceptable to Union law, on any subject enumerated in the Concurrent List, the latter shall prevail (Article 254). Residuary powers of legislation are vested in Parliament not in State Legislatures (Article 248).

3. Territorial Reorganisation:

Parliament may, by legislation, admit new states to the Union or establish new states on whatever terms and conditions it deems appropriate (Article 2). By law, Parliament may create a new state by separating territory from another state, joining two or more states or parts of states, or joining any area to a section of another state. Aside from that, Parliament has the authority to increase the area of any state, decrease the area of any state, change the boundaries of any state, and change the name of any state (Article 3).

However, the Constitution includes some safeguards, such as introducing such bills on the President's proposal and forwarding the bill to the relevant legislative for its view. However, such safeguards, too, display a unitary bias, given that the legislature's opinion is not binding on the President. The Constitution specifies that such measures shall not be construed to be an amendment to the Constitution under Article 368. (Article 4). Thus, the Constitution provides for a flexible method for state reorganisation, which could be accomplished through the passage of a bill by simple majority.

4. Emergency Provisions:

In the event of a proclamation of National Emergency, the Union's executive power extends to directing any state as to how the state's executive power must be exercised (Article 353). While the emergency is in effect, any or all of the requirements of Articles 268 to 279 may be modified (Article 354).

The Constitution mandates that the state apparatus operate in line with the provisions of the Constitution. If they fail to do so, a situation known as failure of the state's constitutional machinery emerges.

Such a situation empowers the President to assume all the functions of the state. It involves suspension or dissolution of the Lower House of thestate and the Governor with his advisers acting as the President's representative (Article 356).

In the event of proclamation of Financial Emergency, the executive authority of the Union shall extend to giving directions to states which may include the following:

• Reduction of salaries and allowances of the members of state public services.
• Reduction of the salaries and allowances of the Judges of the High Court.
• Reservation of Money Bills and other bills for the consideration of the President (Article 360).