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Report No. 95

4.5. Ratification by States.-

Further, since Article 124 of the Constitution is at issue and since that article occurs in Chapter 4 of Part V of the Constitution (Union Judiciary), it follows that besides complying with the procedure prescribed in Article 368(2), main paragraph (approval by a majority of the total membership of each House and a majority of not less than two-thirds of the members of each House present and voting), there will also have to be compliance with the proviso to Article 368(2) (ratification by the Legislatures of not less than one half of the States). That proviso applies to Chapter 4 of Part V (Union Judiciary).

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