Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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62.

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except :

A: Quo Warranto
B: Habeas Corpus
C: Certiorari
D: Prohibition

The answer is: B

Explanation

The correct option is B: Habeas Corpus.

This is because the writ of habeas corpus is a remedy for unlawful detention and can be invoked repeatedly until the person is released or the detention is justified. The rule of res judicata means that a matter that has been finally decided by a competent court cannot be reopened or re-litigated. This rule does not apply to habeas corpus petitions, as they are meant to protect the fundamental right to personal liberty under Article 21 of the Indian Constitution.

The other writs, namely quo warranto, certiorari, and prohibition, are subject to the rule of res judicata, as they are not related to personal liberty, but to the legality of public offices, judicial or quasi-judicial orders, and jurisdiction of lower courts respectively. Therefore, they cannot be filed repeatedly for the same cause of action or issue.