Unit X · Topic 7Systems of constitutional review – India, USA, Switzerland and France – Previous Year Questions
5 previous year questions on Systems of constitutional review – India, USA, Switzerland and France from UGC NET Law papers (2023–2026), including 1 match-the-list questions. The correct option is marked in green.
Questions
5 questions
December 2023 · Q137
Constitution of which of the country "expressly" states that the Constitution shall be the supreme law of the land?
(A) USA
(B) South Africa
(C) India
(D) UK
Choose the correct answer from the options given below
(a)(A), (B) Only✓
(b)(B), (C) Only
(c)(A), (C) Only
(d)(B), (D) Only
Answer & explanation
Answer: (a) (A), (B) Only
June 2025 · Q18
The power of judicial review was first adopted/applied by the Supreme Court of the USA in which of the following case?
(a)Marbury v. Madison✓
(b)North Wales Police v. Evans
(c)Minerva Mills v. State of Georgia
(d)Reg v. Home Secretary
Answer & explanation
Answer: (a) Marbury v. Madison
Explanation: Marbury v. Madison (1803) established the principle of judicial review in U.S. constitutional law, empowering the judiciary to invalidate unconstitutional laws.
June 2026 · Q104
In which of the following case Marshall C.J. of USA Supreme Court remarked that, "The Constitution we are expounding is intended to endure for ages to come and consequently, to be adopted to the various crises of human affairs"?
(a)Mcculoch v. Maryland✓
(b)Marbury v. Madison
(c)Dr. Bonham's Case
(d)None of the above
Answer & explanation
Answer: (a) Mcculoch v. Maryland
Explanation: In the landmark United States Supreme Court judgment McCulloch v. Maryland (17 U.S. 316, 1819), Chief Justice John Marshall made this famous observation while interpreting the Necessary and Proper Clause (Article I, Section 8) of the U.S. Constitution:
"We must never forget that it is a constitution we are expounding... intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." Legal Context & Significance
• Purposive & Organic Interpretation: Chief Justice Marshall laid down the foundation of the "Living Constitution" doctrine, establishing that a constitution outlines broad
• governance principles rather than rigid rules, enabling it to adapt to evolving socioeconomic conditions. Indian Constitutional Law Relevance: The Supreme Court of India has cited this famous dictum in landmark decisions-including Kesavananda Bharati v. State of Kerala (1973) and Justice K.S. Puttaswamy v. Union of India (2017)-to justify the dynamic and organic interpretation of Fundamental Rights.
June 2026 · Q105Match the lists
Match List I with List II LIST I LIST II
A. Borwn v. Board of Education I. One Man One Vote
B. Plessey v. Ferguson II. Right of Accused during interrogation
C. Reynolds v. Sims III. Equal but not separation
D. Miranda v. Arizona IV. Separate but equal
Choose the correct answer from the options given below
(a)A-IV, B-III, C-II, D-I
(b)A-II, B-III, C-IV, D-I
(c)A-III, B-IV, C-II, D-I
(d)A-III, B-IV, C-I, D-II✓
Answer & explanation
Answer: (d) A-III, B-IV, C-I, D-II
Explanation: Matching each landmark United States Supreme Court decision from List I to its core doctrine or legal principle in List II:
• A. Brown v. Board of Education (1954) III. Equal but not separation:
The Supreme Court ruled that state laws establishing racial segregation in public schools were unconstitutional, explicitly holding that "separate educational facilities are inherently unequal." It effectively overturned the Plessy doctrine, establishing that facilities must be equal, but not separate.
• B. Plessy v. Ferguson (1896) IV. Separate but equal:
This landmark case upheld the constitutionality of racial segregation laws for public facilities under the doctrine of "Separate but equal", provided the facilities for each race were equal in quality.
• C. Reynolds v. Sims (1964) I. One Man One Vote:
The Supreme Court ruled that state legislative districts must be roughly equal in population under the Equal Protection Clause, establishing the famous principle of "One man, one vote" (or one person, one vote).
• D. Miranda v. Arizona (1966) II. Right of Accused during interrogation:
The Court held that the Fifth Amendment protects the rights of an accused person during custodial police interrogation, mandating that suspects must be informed of their rights (the Miranda warning: right to remain silent, right to an attorney, etc.) prior to questioning.
June 2026 · Q137
The modern doctrine of judicial review is ascribed to which of the following case?
(a)Dr. Borham's Case
(b)Marbury v. Madison✓
(c)Gideon v. Wainwright
(d)Berger Congress v. The Supreme Court
Answer & explanation
Answer: (b) Marbury v. Madison
Explanation: The modern doctrine of Judicial Review-the authority of the judiciary to review legislative and executive actions and declare them void if unconstitutional-was established in the historic U.S. Supreme Court decision Marbury v. Madison (1803).
• Marbury v. Madison (1803): Chief Justice John Marshall famously held that "It is emphatically the province and duty of the judicial department to say what the law is." This case laid the foundation for modern constitutionalism and the power of courts worldwide to invalidate unconstitutional acts of the legislature.