Multiple choice

Which of the following writ is not amenable to the principle of 'res judicata'?

  1. Mandamus

  2. Certiorari

  3. Quo Warranto

  4. Habeas Corpus

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Habeas Corpus is unique among writs because it directly questions the legality of detention itself. Since each new detention creates a fresh cause of action, the principle of res judicata (which bars the same matter from being relitigated) does not apply to Habeas Corpus petitions. A person can file successive Habeas Corpus petitions if there are new grounds or if the detention continues. The other writs (Mandamus, Certiorari, Quo Warranto) can be subject to res judicata in appropriate circumstances.