Question

In which of the landmark judgment of the Supreme Court of India held that the principle of res judicata applies to a petition filed under Article 32 of the Constitution if a similar petition, on the same cause of action, has already been dismissed on merits by a High Court under Article 226?

• A. Maneka Gandhi v. Union of India, AIR 1978 SC 821
• B. A.K. Gopalan v. State of Madras, AIR 1952 SC 115
• C. Kharak Singh v. State of U.P., AIR 1965 SC 342
• D. Daryao v. State of Uttar Pradesh, AIR 1961 SC 1457

Hint:

Res judicata applies even to writ petitions—Daryao is the key case.

Answer 1

The Correct Option is D

Step 1: Issue before the Court.
The Supreme Court examined whether a writ petition under Article 32 is maintainable when a similar petition under Article 226 has already been decided on merits.
Step 2: Ruling in Daryao’s case.
In {Daryao v. State of Uttar Pradesh}, the Court held that the principle of res judicata applies to writ petitions to prevent abuse of process and multiplicity of proceedings.
Step 3: Conclusion.
Accordingly, if a High Court has dismissed a petition on merits under Article 226, a subsequent petition under Article 32 on the same cause of action is barred. Hence, option (D) is correct.