polity hard true/false

The principle of res judicata applies to writ petitions under Article 32, barring re-litigation of same issue between same parties.

  1. True
  2. False

Answer: True

Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.

Topic Writs - Res Judicata
Exam Relevance Procedural bar question critical for UPSC Mains and Judiciary exams

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