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INTRODUCTION
Meaning of Research
If you want some new knowledge, it is right for you the chief to go there [to the
place of knowledge], because the correct procedure of this work lies in exhausting
all the different knowledges, lest you perhaps be defeated by your companion in
the contest of wits.
-
The aim of research is to find the truth which is hidden and which has not been
discovered so far. The purpose of research is to discover answers to questions by
testing hypothesis of a cause-effect relationship between variables through the
application of scientific procedures. Research is best described as a
self-correcting process as the obvious function of research is to add new
knowledge to the existing store but its power for cleaning our minds of clutches
and removing of rubbish and inapplicable theory is equally notable1. This
demands knowledge of research methodology best suited to the researchers
appropriate problem. A proper understanding and appropriateness of research
Methodology
The primary aim of legal research is to suggest improvement in the existing law as
It has failed to produce the desired result or to extend or reduce its scope. The
second aim of legal research is to suggest of kind law to deal with a particular
fact or set of facts where it does not exist at all.
RESEARCH DESIGN
The research design refers to the entire process of planning and carrying the
research study. It is a logical and systematic plan prepared for directing a research
study. It specifies the objectives of study, the methodology and techniques to be
adopted for achieving the objectives. It constitutes the blueprint for the collection,
measurement and analysis of data.5
The term design refers to draw an outline with respect to certain decisions. It
plans as to: what the study is about and the types of data that are needed, why the
study is being made; where the needed data can be found; where, or in what areas,
the study will be carried on; when or what periods of time the study will include;
how much material or how many cases will be needed; what basis of selection will
be used; what techniques of gathering data will be adopted and so on. Thus, the
considerations which enter into making the decisions regarding the what, where,
how much, by what means, constitute a plan or a study design. Research design
not only anticipates and specifies the seemingly countless decisions but also
represents a logical basis for these decisions. Research design has been defined by
different authors in different terms:
Pauline. V. Young says, A research design is a plan of action, a plan for
collecting and analyzing the data in an economic, efficient and relevant manner.
According to Selltiz and others, Research design is a catalogue of the various
phases and facts relating to the essential conditions for collection and analysis of
data in a form that aims to combine relevance to research purpose with economy
in the procedure.
Other definitions are:Research design is the plan, structure and strategy of investigation conceived so
as to obtain answers to research questions and control variance.
The idealized research design comprises the specifications of the most efficient
conceivable conditions and procedures for conducting the research. The step
of designing and idealized plan might seem very impracticable and even an
unnecessary one. The researcher may be inclined to follow the ideal procedures to
evaluate the practical research conditions and determine the shortcomings. An
idealized design should maintain a balance between scientificity, sufficiency and
economy. The making of a research design is a science as we as art.
Thus, research design refers o the entire process of planning and carrying out a
research study. It is a frame within which research is carried out and it is a blue
print for the collection, measurement and analysis of data. It means- a process by
which researcher will be in a position to understand the structure of the research
and the various steps to be taken in the steps of the research .6
Research design is significant simply because it allows for the smooth sailing of
the various research operations, thus making research as efficient as possible
producing maximum information with nominal expenses of effort, time and
money. Just as for better, economical and attractive construction of a home, we
require a blueprint (or what is typically known as the map of the home) well
planned and prepared by an expert architect, in the same way we require a design
or a plan in advance of data collection and analysis for our research study. It
means advance planning of the techniques to be implemented for accumulating
the appropriate data and the strategies to be employed in their analysis, keeping in
view the purpose of the research and the availability of staff, time and money.
Preparation of the design must be carried out meticulously as any error in it may
upset the complete project. Research design, actually, has a great significance
and impact on the reliability of the results achieved and as such constitutes the
firm base of the entire edifice of the research work.
Even then the necessity for a well planned design is at times not realized by many
people. Because of this many researches do not serve the purpose for which they
are undertaken. The truth is, they may even provide misleading conclusions.
Thoughtlessness in developing the research project may lead to rendering the
research exercise futile. It is, for that reason, crucial that an efficient and
appropriate design should be prepared before beginning research operations. The
design assists the researcher to organize his ideas in a form whereby it will be
possible for him to watch out for flaws and inadequacies. This type of design can
also be given to others for their comments and critical evaluation. In the absence
of such a strategy, it will likely be challenging for the critic to supply a
comprehensive review of the offered study.
A research design isnt just a work plan. A work plan details what needs to be
done to complete the project but the work plan will flow from the projects design.
The function of a research design is to make certain that evidence obtained
allows us to answer the initial question as unambiguously as possible. Acquiring
relevant evidence involves specifying the kind of evidence required to answer the
research question, to test a theory, to judge a programme or to precisely describe
some phenomenon.
Research Process
Research process is very commonly referred to as the planning process. One
important point to be kept in mind here is to understand that the main aim of the
research process is that of improving the knowledge of the human beings.
HYPOTHESIS
Once the problem to be answered is formulated, the objectives of conducing
research are mentioned, the research may proceed to formulate hypothesis. This
approach further clarifies the nature of the problem and gives direction to the data
gathering process. Lundberg aptly remarks The only difference between
gathering data without a hypothesis and gathering data with one is that, in the later
case we deliberately recognize the limitations of our sense and attempt of reduce
their fallibility by limiting our field of investigation so as to permit a greater
concentration of attention on particular subject which past experience leads us to
believe are significant for our purpose.7
Hypothesis is made up of words, hypo means less than and thesis which
According to J.S Mill A hypothesis being a mere supposition, there are no other
limits to hypothesis than those of human imagine.
Relevance of hypothesis is aiding a meaningful and purposeful research cannot be
overlooked. Hypothesis is a tentative assumption made in order to draw out and
test its logical and empirical consequences. It supports the research to find an
answer to a problem. It is immaterial whether to a hypothesis is positive or
negative towards the research problem. Rather its significance lies in the fact that
it provides guidance to the probe, limits the researchers point of view, outlines
area of significance for collection and ultimate interpretation of date and makes
research more accurate and productive.
Legal research can be classified in various ways. It can be classified on the basis
of the nature of data, tool of data collection, interpretation of already available
data, purpose and other such criteria and is divided research on the basis of:
i.
1.
2.
3.
4.
A statement of the significant facts of the dispute before the court the
facts that are necessary to an understanding of the dispute and of the
courts decision, those that influenced the courts reasoning and decision.
A statement of relevant procedural details such as the explanation of the
legal nature of the controversy and of the remedy sought. The actions and
the ruling of the lower court.
A statement of narrow legal question or issue(s) that the appellate court
was asked to resolve.
A brief statement of the Appellate Courts decision, both procedural and
substantive.
An explanation of courts reasoning in reaching its decision.
To take a few examples here, in Bengal Immunity Co. v. State of Bihar, 41 the
court, while overruling State of Bombay v. United Motors, 42 stated:
All big traders will have to get themselves registered in each State, study the Sales
Tax Acts of each State, conform to the requirements of all State laws which are by
no means uniform and, finally, may be simultaneously called upon to produce
their books of account in support of their returns before the officers of each State.
Anybody who has any practical experience of the working of the sales tax laws
are different states knows how long books are detained by officers of each State
during assessment proceedings. The harassment to traders is quite obvious and
needs no exaggeration.
In the famous Golak Nath v. State of Punjab, 44 Subba Rao, C.J., said:
But, having regard to the past history of our country. it could not implicitly
believe the representatives of the people, for uncontrolled and unrestricted power
might lead to an authoritarian State lt. therefore, preserves the natural rights
against the State encroachment and constitutes the higher judiciary of the State as
the sentinel of the said rights and the balancing wheel between the rights, subject
to social control.
1. Interview Method
The interview is the oldest and the most often used device for obtaining
information among human beings. It is a face to face interpersonal role situation in
which the interviewer asks the respondent questions designed to obtain answers
pertinent to the research problem.
According to V.M Palamer, Interview constitutes a social situation between two
persons. As a psychological process, it requires both individuals to mutually
respond. It is not a simple conversation between an interrogator and informant.
The latters gestures, glances, facial expressions and pauses also reveal subtle
aspects.
According to Pauline V. Young, Interview is a systematic method by which a
Person enters more r less imaginatively into the life of a comparative stranger,
The purpose of interview is mainly for testing the hypothesis or to find out the
course of development of legal problems. It is launched to find the unknown
inherent facts of the respondent. It is also used to find qualitative facts and to get
additional information.
2. Questionnaire Method
Questionnaire method is one of the most suitable methods for the investigation of
socio-legal problems. We use different tools of questionnaire for collecting data
from large, diverse, varied and scattered persons from different places.
Questionnaire is a list of questions to be answered by a group of people,
Especially to get facts or information about their views. It is used to obtain
knowledge about the facts known to the informant.
Lundberg defines questionnaire as a set of stimuli to which literal people are
exposed in order to observe their verbal behavior under these stimuli.
3. Observation Method
Observation, as a method of collecting research data, involves observing
behavior and systematically recording the results of those observations.
Observations are guided by the research questions. Therefore the observations are
conscious and planned. They differ from casual everyday observations of
behavior which are often casual, selective, and inaccurate. Observations are
systematically recorded, often using an observation check list. Data are analyzed
using both quantitative and qualitative data analysis methods.
Advantages of Observation
Observation overcomes one of the key disadvantages of interviews and
questionnaires, i.e. that the responses provided may not be accurate. Such
inaccuracies occur due to the respondents.
Disadvantages of Observation
Observation of behavior may affect the behavior the researcher wants to
observe, e.g. children in a classroom may behave differently if there is an observer
present than when there is no observer in the classroom. Many events are not open
to observation
Behavior that is private, e.g. activities that take place within private homes
o
Events that are unpredictable, so the researcher does not know when and
where to
be present, e.g. mob riots
Event that is unsafe for the researcher to attend, e.g.
tsunamis, bush fires
Sampling
Definition - sampling is selecting a group (subgroup) from a much larger
population that is similar in its trait (i.e. gender, ethnicity, age, income, etc.)
distribution of the larger population. Findings made from studying the group can
then be generalized to the larger population.
Depending on the methodology being used in a study, sampling a population may
or may not be necessary. Studies that limit themselves to describing activity for a
specific population do not have to use sampling techniques but can accept
whatever sample is available. This is frequently the case with historical,
ethnographic, action and evaluation research.
However, studies that attempt to infer that the findings from a sample can be
extended to a larger population need to establish that the sample is representative
of the larger population. Representation here refers to the basic trait distribution of
a population.
Types of Sampling:
Various sampling techniques can be used depending on the type of research to be
conducted. The two major types of techniques are probability sampling and nonprobability sampling.
1. Probability Sampling:
Any sampling procedure that specifies the probability that each member of a
population has of being selected. Probability sampling techniques include
Sampling Challenges
Because researchers can seldom study the entire population, they must choose a
subset of the population, which can result in several types of error. Sometimes, there
are discrepancies between the sample and the population on a certain parameter that
are due to random differences. This is known as sampling error and can occur
through no fault of the researcher.
COMPUTERIZED RESEARCH
Computers have changed the ways in which research is compiled and analyzed.
Researcher, advocates, judges are able to compile vast amounts of data and leave
it to the computer to work through the data while doing the research project.
This creates research results with fewer errors. Computers used in legal research
have the ability to analyze data in ways and at speeds not possible with the human
eye. Additionally, computers used in this manner can determine the trends in data
samples and the computer is also useful to monitor the accuracy of collected data.
Important characteristics of computers are as follows:1. Speed: Computers can perform calculations in just a few seconds that human
beings would need weeks to do by hand. This has led to many scientific
projects which were previously impossible.
2. Diligence: Being a machine, a computer does not suffer from the human traits
of tiredness and lack of concentration. If two million calculations have to be
performed, it will perform the two millionths with exactly the same accuracy
and speed as the first.
3. Storage: Although the storage capacity of the present day computer is much
more than its earlier counterpart but even then the internal memory of the CPU
is only large enough to retain a certain amount of information just as the
human brain selects and retains what it feels to be important and relegates
unimportant details to the back of the mind or just forgets them. Hence, it is
impossible to store all types of information inside the computer records. If
need be, all unimportant information/data can be stored in auxiliary storage
devices and the same may be brought into the main internal memory of the
computer, as and when required for processing.
4. Accuracy: The computers accuracy is consistently high. Errors in the
machinery can occur but, due to increased efficiency in error-detecting
techniques, these seldom lead to false results. Almost without exception, the
errors in computing are due to human rather than to technological weaknesses,
i.e., due to imprecise thinking by the programmer or due to inaccurate data or
due to poorly designed systems.
5. Automation: Once a program is in the computers memory, all that is needed is
the individual instructions to it which are transferred one after the other, to the
control unit for execution. The CPU follows these instructions until it meets a
last instruction which says stop program execution.
6. Binary digits: Computers use only the binary number system (a system in
which all the numbers are represented by a combination of two digitsone
and zero) and thus operates to the base of two, compared to the ordinary
decimal arithmetic which operates on a base of ten. Computers use binary
system because the electrical devices can understand only on (1) or off (0).
With this brief introduction concerning the concepts of processing and analysis,
we can now proceed with the explanation of all the processing operations.
1. Editing: Editing of data is a process of examining the collected raw data
(specially in surveys) to detect errors and omissions and to correct these when
possible. As a matter of fact, editing involves a careful scrutiny of the
completed questionnaires and/or schedules. Editing is done to assure that the
data are accurate, consistent with other facts gathered, uniformly entered, as
completed as possible and have been well arranged to facilitate coding and
tabulation.
2. Coding: Coding refers to the process of assigning numerals or other symbols
to answers so that responses can be put into a limited number of categories or
classes. Such classes should be appropriate to the research problem under
consideration. They must also possess the characteristic of exhaustiveness
(i.e., there must be a class for every data item) and also that of mutual
exclusively which means that a specific answer can be placed in one and only
one cell in a given category set. Another rule to be observed is that of
unidimensionality by which is meant that every class is defined in terms of
3. The column headings (captions) and the row headings (stubs) of the table
should be clear and brief.
4. The units of measurement under each heading or sub-heading must always be
indicated.
5. Explanatory footnotes, if any, concerning the table should be placed directly
beneath the table, along with the reference symbols used in the table.
6. Source or sources from where the data in the table have been obtained must be
indicated just below the table.
7. Usually the columns are separated from one another by lines which make the
table more readable and attractive. Lines are always drawn at the top and
bottom of the table and below the captions.
8. There should be thick lines to separate the data under one class from the data
under another class and the lines separating the sub-divisions of the classes
should be comparatively thin lines.
9. The columns may be numbered to facilitate reference.
10. Those columns whose data are to be compared should be kept side by side.
Similarly, percentages and/or averages must also be kept close to the data.
11. It is generally considered better to approximate figures before tabulation as the
same would reduce unnecessary details in the table itself.
12. In order to emphasize the relative significance of certain categories, different
kinds of type, spacing and indentations may be used.
13. It is important that all column figures be properly aligned. Decimal points and
(+) or () signs should be in perfect alignment.
14. Abbreviations should be avoided to the extent possible and ditto marks should
not be used in the table.
15. Miscellaneous and exceptional items, if any, should be usually placed in the
last row of the table.
16. Table should be made as logical, clear, accurate and simple as possible. If the
data happen to be very large, they should not be crowded in a single table for
that would make the table unwieldy and inconvenient.
17. Total of rows should normally be placed in the extreme right column and that
of columns should be placed at the bottom.
18. The arrangement of the categories in a table may be chronological,
geographical, alphabetical or according to magnitude to facilitate comparison.
Above all, the table must suit the needs and requirements of an investigation.
Analysis of data
After the data have been collected, the researcher turns to the task of analyzing them.
The data, after collection, has to be processed and analyzed in accordance with the
outline laid down for the purpose at the time of developing the research plan. This is
essential for a scientific study and for ensuring that we have all relevant data for
coding, tabulation and then drawing statistical inferences. The unwieldy data should
necessarily be condensed into a few manageable groups and tables for further
analysis. Thus, a researcher should classify the raw data into some purposeful and
usable categories.
Coding operation is usually done at this stage through which the categories of data
are transformed into symbols that may be tabulated and counted. Editing is the
procedure that improves the quality of the data for coding. With coding the stage is
ready for tabulation. Tabulation is a part of the technical procedure wherein the
classified data are put in the form of tables. The mechanical devices can be made use
computers. Computers not only save time but also make it possible to study a large
subjected to tests of significance to determine with what validity data can be said to
Interpretation of data
task of drawing inference from the collected data. The inference may be deductive or
particular ones. While the latter is inference from particular propositions to general
propositions.
Through interpretation, the researcher attempts to search for broader meaning of research
findings. He tries to establish link between the results of his inquiry with those of another
and to establish some explanatory concepts. He, through his interpretation, endeavors to
find and understand the abstract principle that works beneath his findings. Interpretation
opens up new avenues for intellectual adventures and stimulates the quest for more
knowledge. The process of interpretation may quite often trigger off new questions that in
turn may lead to further researches. In fact, the usefulness and utility of a research lie in
One should, however, remember that even if data are properly collected and analyzed,
therefore, must be impartial and objective. A researcher should explain why his findings
are so, in objective terms. He should also try to bring out the principles involved behind
his inferences. However, the task of interpretation is not an easy task. It requires a great
Secondary stage: This stage of the research consists of all the features that
are actually required to run a research project. This stage includes the
following
a. Research project planning: Involves selection of the future courses of action
for conducting and directing a research project. A research project plan gives a
rational approach to research by which one is able to decide in advance about
what to do, how to do, when to do, where to do and who is to do a particular
task in a specific activity.
b. Research Project formulation: After the planning of the project has been done
the researcher follows this with a practical approach in order to carry out the
project. This step of the secondary stage involves the systematic setting forth
of the total research project, with an aim of conducting a systematic study.
c. Data collection: This step involves the in depth meaning for the concepts that
are to be investigated and looks forward to data analysis, data requirement
etc Sources of understatement or overstatement should be avoided and the
data should be free from any type of error. The data collection planning should
be done or implemented in a very careful manner, with the help of specialist
researchers. The data should be good and meaningful in nature should not only
be a collection of words but should provide meaningful information.
CONCLUSION
Research design is the conceptual structure within which research is conducted.
It is a logical systematic planning of research. The term research design refers to
the entire process of planning and carrying out a research study. It is the process
of visualization of the entire process of conducting empirical research before its
commencement. Research design is a blue print of the proposed research.
BIBLIOGRAPHY:
Books Referred:
1) Legal Education and Research Methodology by Dr. Mono Purohit, Central
Law Publications
2) P.M.Bakshi, Legal Research and Law Reform, ILI, First Reprint 2006.
3) Prof (Dr.) Kushal Vibhute & Filipos Aynalem, Legal Research Methods,
2009
4) S.N.Jain, Doctrinal and Non-Doctrinal Legal Research, 14 J ILI 487
(1972)
5) Dr. S R Myenani, Legal Research Methodology, Poineer books, 2004.
6) Rattan Singh, Legal Research Methodology, Lexis Nexis, 2014
7) Shipra Agarwal, Legal Research Methodology, 1st Edn. 2003, Published by
Sri Sai Law Publications, Haryana
References:
1) Gupta, Santosh, Research Methodology and Statistical Techniques, Deep
and Deep Publications Pvt. Ltd., New Delhi 2007, p.1.
2) Khanzode, V.V., Research Methodology: Techniques and Trends, APH
Publishing Corporation, New Delhi, 2002, p. 1
3) Myneni S.R 2004 P-36
4) Earnest M. Jones, 2001, P-33
5) Philips, Bernard S., Social Research Strategy and Tactics, 1966, P- 93
6) Gupta Mukul and Deepa, Research Methodology, P-32
7) Wilkinson and Bhandarkar, Methodologies and Techniques f Social
Research, 2002, P 76.
8) Kaul, Lokesh, Methodology of Educational Research, Vikas Publication
House, New Delhi, 2006
WEBLIOGRAPHY
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www.indiakanoon.org
www.lawteacher.net
www.lawyersclub.com
www.ebc-india.com
www.manupatra.co.in
legalresearchprinciples.pbworks.com
sociolegaldcu.wordpress.com