Examine the Parliament’s powers to amend the Constitution of India.

The Indian Parliament possesses the power to amend the Constitution of India, as outlined in Article 368 of the Constitution itself. However, this power is not absolute and is subject to certain limitations and procedures to maintain the balance of power between the legislature and the judiciary. Here is an examination of the Parliament's powers to amend the Constitution:

1. Procedure for Amendment:

   • An amendment to the Constitution can be initiated in either house of Parliament, i.e., the Lok Sabha or the Rajya Sabha.
   • The amendment must be passed by a special majority, which means it requires a majority of the total membership of each house and a two-thirds majority of the members present and voting.
   • If the amendment seeks to make changes in certain fundamental aspects of the Constitution, such as the federal structure or the powers of the President or the judiciary, it must also be ratified by the legislatures of at least half of the states in India.

2. Limitations on Amendment:

   • While Parliament has significant powers to amend the Constitution, there are certain "basic structure" limitations. In the famous Kesavananda Bharati case (1973), the Supreme Court ruled that while Parliament can amend the Constitution, it cannot alter its basic structure, which includes features like federalism, secularism, democracy, and the rule of law.
   • The Constitution itself defines some provisions as "amendable" and others as "unamendable" (e.g., the federal structure of the country, representation of states in the Rajya Sabha, etc.).

3. Judicial Review:

   • The power to amend the Constitution is subject to judicial review by the judiciary. If the judiciary finds that an amendment violates the basic structure of the Constitution, it can declare the amendment null and void.
   • The judiciary acts as a guardian of the Constitution and ensures that Parliament does not misuse its amending powers to undermine the fundamental principles and values enshrined in the Constitution.

4. Scope of Amendment:

   • Parliament can amend various parts of the Constitution, including provisions related to the distribution of legislative powers between the center and the states, the fundamental rights of citizens, and other aspects of governance.
   • The Constitution itself specifies the scope of amendments and the procedures for different types of amendments.

In conclusion, the Indian Parliament has the power to amend the Constitution, but this power is not absolute. It is subject to limitations imposed by the Constitution itself, including the basic structure doctrine, and is subject to judicial review by the Supreme Court. This framework ensures that while the Constitution can be amended to meet changing needs and circumstances, its core principles and values remain protected.