RESEARCH PAPER SUBMITTED IN THE FULFILLMENT OF THE

COURSE TITLED LEGAL METHOD FOR OBTAINING THE DEGREE

BALLB (HONS) DURING THE ACADEMIC YEAR 2023 -28.

TOPIC NAME – TECHNIQUES OF LEGAL RESRARCH

SUBMITTED TO: CHANDANA SUBA MA’AM
(ASSISTANT PROFESSOR)
DEPARTMENT OF LAW
SCHOOL OF LAW & GOVERNANCE

SUBMITTED BY: ABHISHEK RAJ

SECTION: “B”
CUSB2313125006
1 ST SEMESTER
BA LLB(HONS.)

1
ACKNOWLEDGEMENT

I would like to express my thanks and gratitude to our faculty of Legal method Chandana suba
ma’am for providing me the chance to work on this particular assignment on “Separation of
powers”. I am obliged to thank our faculty of the respective subject to provide me with the
necessary support required while making this assignment and mentoring me throughout the
assignment. I get to learn many things while researching for this assignment and the whole
journey was quite interesting and indeed knowledgeable that I dived deeper to seek more
information related to the topic. I would not have been able to complete this assignment without
the help of my friends, colleagues, and my family members, so I would like to express my
thanks and gratitude towards them as well.

THANK YOU!!
ABHISHEK RAJ
CUSB2313125006
BA LLB
1ST SEMESTER

2
DECLARATION

I hereby declare that the work reported and the research done in the process of making the
assignment on the topic “separation of powers” is done in good faith and it is an authentic
record of my work carried out under the guidelines of our faculty Chandana suba ma’am. I
have not submitted this assignment elsewhere and I take responsibility of my work carried out
while completing the assignment.

ABHISHEK RAJ
ENROLL NO. – CUSB2313125006
1 ST SEMESTER
BA LLB Central
University of South Bihar.

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TABLE OF CONTENTS

SERIAL NO. PAGE NO. CONTENT

1 1 COVER PAGE

2 2 AKNOWLEDGEMENT

3 3 DECLERATION

4 5 INTRODUCTION

5 6-11 DOCTRINAL RESEARCH

6 11-15 EMPIRICAL RESEARCH

7 16 CONCLUSION

8 17 BIBLIOGRAPHY

4
INTRODUCTION
Similar to our society, the legal system is dynamic, operating within the intricate fabric of social
structures. It governs and molds social norms and attitudes. The dynamic and evolving nature
of these norms, varying across time and place, underscores the necessity for the law to possess
flexibility to adapt to social changes.
In this context, legal research becomes indispensable in ascertaining, clarifying any
ambiguities, identifying potential weaknesses, and critically analyzing legal rulings to ensure
the law remains consistent, coherent, and stable amidst evolving societal dynamics. Legal
research serves various purposes, conducted to address multifaceted aspects within the field of
law.
Engaging in research involves the collection and examination of data on a particular subject,
aimed at acquiring fresh insights. Whether delving into diverse perspectives on different cases
or focusing on specific questions and seeking relevant answers, these approaches, commonly
known as "research techniques," form the framework for legal research, drawing inspiration
from methods utilized in the broader realm of social sciences. The intricate nature of laws and
regulations, however, results in an expansion of the sources employed in conducting such
studies.

LEGAL RESEARCH
Legal research is one of the aspects of the study of the human behaviour , their interaction,
attitudes pertaining to any law under the research studies.
‘Legal research’ is the ‘systematic finding’ or ‘ascertaining laws’ on the identified topic or in
the given area as well as ‘an inquiry’ into ’law’ with a view to making advancement in the
science of law. It is the process of identifying and retrieving information necessary to
relationship between the world of the law and the world that law purports to govern.

WHO DOES LEGAL RESEARCH

A person who is curious to ‘know’ something about a particular law and its operational facets
and is attempting to work hard to know or unearth it , it is a legal researcher. As an occupational
exercise , legal research needs to be undertaken by legislators ,judges ,advocates, law
commission and legal academia(law teachers and students).

IMPORTANCE OF LEGAL RESEARCH1

Law does not operate in a vacuum. It operates in a complex ‘social setting’. It reflects social
attitudes and behavior. It also seeks to mould and control social attitudes and behavior of people
to ensure that they flow the expected channel. However, social values and attitudes, existing as
well as expected, keep on changing. It makes the law to be dynamic and cope with the changing
social ethos. Further, ongoing scientific and technological developments add to these

1
DR. S.R. Myneni, Legal Research Methodology ,Allahabad Law Agency, eight edition, 2023,pg no. 196

5
complexities by creating new complex human relationship that needs law to regulate.2 In such
situations, legal research, inter alia, becomes necessary: (i) for ascertainment of law on a given
topic or subject, (ii) to highlight ambiguities and inbuilt weaknesses of law, (iii) to critically
examine legal provisions, principles or doctrines with a view to see consistency, coherence and
stability of law and its underlying policy, (iv) to undertake social audit of law with a view to
highlighting its pre-legislative ‘forces’ and post-legislative ‘impacts’, and (v) to make
suggestions for improvements in, and development of, law.

TYPES OF LEGAL RESEARCH

Legal research can be classified in various ways. It can be divided on the basis of the nature of
data, tools of data collection, interpretation of already available data ,purpose and other such
criteria. According to the different Jurist legal research is of many types such as According to
Shively ,research divided on the basis of 1)purpose or goal 2) perspective for observing reality.
The research of purpose is of two types :1) Applied 2)Recreational .There are two major
theoretical perspectives :1)Positivism 2)Phenomenology. The purposive research is divided as
1) Empirical 2) non – empirical .Legal research can also divide on the basis of sponsorship of
project as 1) Institutional Research 2)Doctoral Research. But mainly, Legal research can be
broadly categorized into two types: doctrinal and non-doctrinal. Doctrinal research involves
analyzing legal doctrines through statutory provisions and cases, emphasizing the examination
of legal rules and principles. In contrast, non-doctrinal research explores the relationship
between law and other behavioral sciences, emphasizing empirical inquiry into the operation
of law within society. Doctrinal research focuses on developing legal theories, while non-
doctrinal research tests the validity and relevance of these theories in practice. Doctrinal
research is often termed 'arm-chair research' and relies on law library sources, while non-
doctrinal research, also known as empirical or socio-legal research, derives data from sources
beyond law, such as society.

1. DOCTRINAL RESEARCH
A doctrinal research means a research that has been carried out on a legal proposition or
propositions by way of analysing the existing statutory provisions and cases by applying
the reasoning power. According to S.N. Jain, doctrinal research involves analysis of case
law ,arranging ,ordering ,and systematising legal propositions and study of the legal
institutions through legal reasoning or rational deduction.

AIM
Doctrinal legal research involves a meticulous analysis of statutory provisions and
corresponding judicial decisions. The researcher systematically organizes the study around
legal provisions, principles, concepts, or doctrines, extracting legal propositions through
logical and reasoned deduction. This form of research aims to understand and find the law
within case law and statutory law, promoting consistency, certainty, and the examination of
legal institutions. Despite its focus on statutes and judicial decisions, doctrinal legal
research is crucial for ensuring the continuity and development of legal principles. The
researcher must adeptly locate pertinent statutory provisions and judicial reflections to

2
For example, recent developments in science, such as ‘test-tube baby’ and ‘human cloning’, have compelled law
to address to parent-hood and property rights.

6
glean insights into the legal doctrine, concept, or rule under examination. By contributing
to the understanding of law's purpose, policy, and fostering consistency, doctrinal legal
research plays a pivotal role in the evolution and maintenance of legal principles and
doctrines.

BASIC TOOLS
The basis tools of a doctrinal legal researcher, thus, are: (i) statutory materials, (ii) case reports,
(iii) standard textbooks and reference books, (iv) legal periodicals, (v) Parliamentary Debates and
Government Reports, and (vi) Micro films and CD-ROM.

1. Statutory materials

Legislative Acts constitute one of the basic tools of doctrinal legal research. However, a
plethora of subsidiary or secondary legislation in the form of rules, regulations, byelaws,
notifications, statutory orders or directives is found in the modern national legal system.
Acts of Legislature as well as amendments thereto are required to publish in (National)
Gazette before they become operative. National Gazette, therefore, constitutes an authentic
primary source of statutes and statutory provisions. Sometimes, some law publishers
publish, with short notes and requisite disclaimer, leading and frequently referred to
statutes.3In some jurisdictions,4 almost all the statutes, with comprehensive comments, are
published in a series of volumes. Reference to statutes and statutory provisions, invariably
with analytical comments, can also be found in standard textbooks and reference books,
including ‘cases and materials’,5 on the subject.
2. Case Reports

In almost all the common law legal systems, judicial decisions of higher courts are
published in Case Reports.6 A doctrinal legal researcher, therefore, has to look for the apt
Case Reports for laying his hands on the required judicial pronouncements for his analysis.
In addition, in these jurisdictions one finds a number of well-articulated case digests. Case
Digests, which refer to all the reported cases, play a significant role in collecting cases on

3
For example, in India, Eastern Book Company and Universal Law Publishers are known for publishing bare text
(with short notes) of Acts of Parliament. Similarly, Blackstone Publishers from the UK publishes Statutes enacted
by the British Parliament.
4
For example, in England, Halsbury’s Laws of England and Halsbury’s Statutes, and in India, AIR Manual,
periodically publish text of statutes, with comments, in a series of volumes. These publications are widely used
by legal researchers worldwide. These publications give detailed and up to date account of the law on a particular
subject.
5
In the legal discipline, it has now become almost a common practice to bring out ‘cases and materials’ and
‘handbooks’ on a particular subject. These ‘cases and materials’ and ‘handbooks’ help a researcher to gain
‘working insight’ in the subject of his inquiry as well as to locate further references. For example see, J C Smith,
Smith & Hogan criminal Law-Cases and Materials (LexisNexis Butterworths, 8th edn, 2002), C M V Clarkson &
H M Keating, Criminal Law: Texts and Materials (Sweet & Maxwell, London, 4th edn, 1998), Martin Dixon &
Robert Maccarquodale, Cases and Materials on International Law (Blackstone Press, Ltd, 2nd edn, 1991), and
Keith Walmsley, Butterworth’s Company Law Handbook (LexisNexis Butterworths, 19th edn, 2005).
6
For example, All England Reporter (All ER) and Weekly Law Reports (W LR), which publish judicial
pronouncements of all the higher judicial institutions in the UK, are useful for locating cases decided by the higher
courts. While in India, courts and legal researchers rely upon All India Reporter (AIR) [publishes cases decided
by the Supreme Court of India and by all the State High Courts]; Supreme Court Reporter (SCR) [publishes cases
handed down by the Supreme Court of India], Supreme Court Cases (SCC) [publishes only cases decided by the
Supreme Court of India], for locating judicial decisions of the higher courts.

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a particular subject/topic. They undeniably assist the researcher in ‘locating’ relevant
judicial decisions and grasping quickly the legal principles laid down therein.
3. Legal Periodicals

It may also be necessary for a doctrinal legal researcher to know what others have said and
found in the area of his research. Therefore, he is required to look into research articles
published in legal periodicals of repute. Research articles published on the topic/theme of
inquiry are of immense help for a doctrinal legal researcher. It becomes necessary for a
legal scholar to know what other researchers have said on the topic to: (i) seek inspiration,
(ii) crystallize his ideas, (iii) organize his thoughts, and (iv) ensure that he has not missed
any original sources. Hence, legal periodicals become indispensable tools of doctrinal legal
research.

ADVANTAGE OF DOCTRINAL RESEARCH

Doctrinal legal research has a number of advantages to its credit. A few pertinent among
them are outlined here below.
1. Doctrinal legal research, centered on analyzing legal principles and doctrines, offers
practical utility by providing swift solutions to legal problems. Researchers engage
continuously in the exposition and analysis of legislation and case law, allowing for the
integration of statutory provisions and judicial decisions into a coherent body of
doctrine. This efficiency benefits lawyers, judges, and decision-makers who often face
time constraints. In contrast, empirical research, unlike doctrinal legal research, tends
to take more time to draw conclusions, highlighting the efficiency of the doctrinal
approach. In this connection, the following observation of Kenneth Culp Davis
deserves our attention. He observed: [I]t may be a hundred or several hundred years
before we get truly scientific answers to some of the questions I am trying to explore,
and we need to make some judgments in the meantime. Some of the most useful
thinking can be unscientific, impressionistic, intuitive based on inadequate observation
or insufficient data or wild guesses or imagination. Scientific findings are obviously the
long term objective, but a good many judgments which fall far short of scientific
findings are valuable, respectable and urgently needed.7
2. A doctrinal legal researcher, through his analysis, attempts to test the logical coherence,
consistency and technical soundness of a legal proposition or doctrine. His knitting of
legal principles or doctrines, with sound reasoning, may lead to a well developed law.
In this context, evolution and development of law of torts and of administrative law, for
example, stand as classic testimony of doctrinal legal research.
3. doctrinal legal research contributes in our ‘understanding’ of ‘law’, legal concept or
doctrine, and legal processes in a better way as it offers logical exposition and analysis
of such a law or a doctrine or legal system. Such an analysis also reveals (in)consistency
in, and (un)certainty of, the law, legal principles or doctrines.
4. Through systematic doctrinal legal research, scholars identify inherent flaws like
loopholes or ambiguities in substantive law and legal doctrines. By presenting
convincing reasoning, they advocate legislative amendments to enhance the law's
purpose and effectiveness. Comparative analyses across legal systems further

7
Kenneth Culp Davis, Behavioral Science and Administrative Law, 17 Jr of Legal Edu 137 at 151-52 (1964-65).

8
contribute to the improvement of legal concepts or doctrines. This proactive approach
leads to the development and refinement of the law.
5. A doctrinal legal researcher, through logical ordering and systematizing of legal
propositions that emerged from his analysis and reasoning may initiate a theory in the
concerned field of law. Such a theoretical proposition, in due course of time, may gain
further support from the researcher himself or other researchers working in the field. In
other words, doctrinal legal research helps in theory building.
6. a doctrinal legal researcher, through his systematic analysis of legal principles, concepts
or doctrines, in the light of judicial statements, may predict ‘future’ of the principle,
concept or doctrine, its probable ‘contents’ and ‘directions’ in which it is likely proceed
in future.
7. Doctrinal legal research provides a sound basis for non-doctrinal legal research. Socio-
legal research requires a strong base of doctrinal legal research. Before a scholar of law
embarks upon non-doctrinal research, it is necessary for him to acquire sufficient
grounding and experience in doctrinal legal research. Unless he understands the legal
doctrines, case law and legal institutions, he can hardly venture into socio-legal
research.
Upendra Baxi, in his monograph captioned ‘Socio-Legal Research in India: A
Programschrift,8 observes, and rightly so, that ‘law-society research cannot thrive on a
weak infra-structure base of doctrinal type analyses of the authoritative legal materials’.
‘Legal and policy studies of the state of law’, he further observes, ‘provide not merely
an assurance of sound understanding, but may also hold promise of needed starting-
points for sociological research.’9 The reason is obvious. It will be difficult for a legal
researcher to venture into highlighting, through empirical research, operational
dimensions of law and legal institutions, the bottlenecks in their implementation and
suggesting solutions to overcome these defects without having in-depth knowledge of
the legal doctrines, case law and legal institutions. Further, such knowledge is essential
for identifying ‘issues’, ‘delimiting areas’ of his inquiry, formulating apt ‘hypothesis’
for inquiry, and devising appropriate strategies and tools for collecting relevant data. In
the absence of these, the sociological research will be like a boat without a rudder and
a compass, left in the open sea. The whole exercise of the researcher will be fruitless.

LIMITATIONS OF DOCTRINAL RESEARCH

Doctrinal legal research, in spite of the above-mentioned strengths, suffers from certain
limitations of worth noting. They are:
1. Doctrinal legal research is inherently subjective, reflecting the researcher's perception
of the legal principle or doctrine under examination. Different scholars analyzing the
same subject may offer varied perceptions and projections due to their individual
reasoning and analytical skills. Divergent yet equally convincing interpretations can
emerge from this subjective nature of doctrinal legal research.
2. Doctrinal legal research relies on the researcher's experience, authoritative statutory
materials, and case reports, lacking support from social facts or values. Consequently,

8
Upendra Baxi, Socio-legal Research in India-A Programschrift (Indian Council of Social Science Research
(ICSSR), New Delhi, 1975). Also reprinted in, S K Verma & M Afzal Wani (eds), Legal Research and
Methodology (Indian Law Institute, New Delhi, 2nd edn, 2001), at pp 656-657.
9
Ibid., at p 648

9
its theoretical nature renders projections and predictions detached from social reality.
For law's role in socio-economic transformation, a comprehensive understanding
requires consideration of social facts and values, making doctrinal legal research
inadequate for such a study. Moreover, it falls short in addressing pre-legislative issues
vital to contemporary law.
3. Doctrinal legal research focuses solely on legal factors, neglecting the examination of
external influences that affect the operation of law, such as societal prejudices or
dominant group interests. Understanding these extra-legal factors is crucial for devising
legislative measures to enhance the law's effectiveness. Unfortunately, doctrinal legal
research tends to overlook this essential aspect.
4. a doctrinal legal researcher puts his sole reliance on, and gives prominence to,
traditional sources of law and judicial pronouncements of appellate courts. The actual
practice and attitude of lower courts and of administrative agencies with quasi judicial
powers, whose judgments remain unreported, are left unexplored in doctrinal legal
research.

CONCLUSION
A comparative look at the advantages and limitations of doctrinal legal research outlined in
the preceding paragraphs may create a serious doubt about utility and relevance of doctrinal
legal research. However, doctrinal legal research should not be undermined simply because
it, through analysis of statutory provisions and cases, revolves around legal principles and
doctrines, and it is, therefore, devoid of ‘social facts’ or is far away from ‘social reality’.
Doctrinal legal research, contrary to this general belief, is in fact involves consideration of
social value, social policy and the social utility of law. A scholar of law observed:
It is naive to think that the task of a doctrinal researcher is merely mechanical - a simple
application of a clear precedent or statutory provision to the problem in hand, or dry
deductive logic to solve a new problem. He may look for his value premises in the statutory
provisions, cases, history in his own rationality and meaning of justice. He knows that there
are several alternative solutions to a problem (even this applies to a lawyer who is arguing
a case before a court or an administrative authority) and that he has to adopt one which
achieves the best interests of the society. The judges always unconsciously or without
admitting think of the social utility of their decisions.10 Conventional legal materials
contain a lot of data with which a doctrinal legal researcher may make a significant
contribution to our understanding of legal processes. The basic need is for a conception of
research that, even if it is confined to traditional legal materials, ask the most meaningful
questions that such materials may help answer. A doctrinal legal researcher, through careful
content analysis, qualitative and quantitative, of case reports and other conventional legal
source materials, can, inter alia, identify the processes through which a doctrine is formed,
the values preferred and articulated thereunder, and its underlying policy and goal.
Conventional legal materials are also of some help in tracing the actual consequences
adopting a doctrine.11

10
S N Jain, Doctrinal and Non-Doctrinal Legal Research, 17 Jr of Ind Law Inst 516 (1975). Reprinted in, S K
Verma & M Afzal Wani (eds), Legal Research and Methodology (Indian Law Institute, New Delhi, 2nd edn, 2001)
68 (74).
11
Ernest M Jones, Some Current Trends in Legal Research, 15 Jr of Legal Edu 121 (1962-63).

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CASE LAW
• Milind Son Of Shardrao Katware vs State Of Maharashtra Alongwith12
In matters of interpreting a local statute, the High Court's long-standing view should generally
be upheld to avoid introducing uncertainty and disturbing transactions made based on those
decisions. The doctrine of stare decisis, ensuring consistency, is crucial. The argument that the
Scrutiny Committee considered additional research doesn't negate the doctrine's application.
The Gujarat High Court, in Ramanlal Keshavlal Soni v. State of Gujarat13 highlighted that the
doctrine persists even if certain aspects of the controversy were not previously considered.
• Man Mohan Sharma vs Manjit Singh14
In the case of Goenka Institute of Education and Research, the court held that the adoption of
the name 'Goenka' by the appellant in their institution was deemed honest. The court considered
factors such as the Trust Deed from 1990, predating the establishment of 'G.D. Goenka Public
School' in 1994. Additionally, the court found that the appellant had valid reasons to use
'Goenka' in their institution in 1995, as the trustees themselves had the surname 'Goenka'. The
court concluded that there was no evidence of mala fide intent in adopting 'Goenka' in the year
2000.

EMPIRICAL RESEARCH OR NON-DOCTRINAL RESEARCH OR

SOCIO -LEGAL RESEARCH
Conducting empirical research in law is of recent origin. Empiric means ‘relying solely on
observation and experiment, not on theory’. The empirical research is carried out by
collecting and gathering data or information relating to universe by a first hand study. The
empirical research technique is also called as ‘fact research’. Explaining the scope of this
technique , Arthur Nussbaum observed, “fact research in law ,we mean the systematic
search into social , political and other fact conditions which give rise to the individual rules
an examination of social ,political and other effects of these rules.”
Empirical research is the inquiry that attempts to discover and verify general rules allowing
us to understand why human beings behave the way they do. The methods like observation
, interview, questionnaire , survey, and case study are used to discover the human conduct.
All inquiries are not suitable to empirical methods . Any inquiry whose objective is to
determine what is good and what is evil cannot be empirically tested.

AIM
Non-doctrinal legal research explores the societal impact of law and legal institutions through
empirical data, focusing on the 'social face' of law and bridging the gap between 'legal idealism'
and 'social reality.' It investigates various aspects, including the effectiveness of laws and their
administration, the influence of societal forces on legal norms, and the outcomes for intended
legislative targets. Unlike doctrinal research, non-doctrinal inquiries are broader, addressing
numerous questions not found in traditional legal sources. The research, emphasizing the 'gaps'

12
1986 (1) BomCR 403
13
A.I.R. 1977 Guj. 76
14
FAO No.4739 of 2016(O&M) -1

11
between statutory law and its real-world application, involves fieldwork and considers legal
doctrines as variables influencing decisions.
The distinguishing characteristics of a non-doctrinal legal research, thus, are: (i) it lays down a
different and lesser emphasis upon legal doctrines and concepts, (ii) it seeks answers to a
variety of broader questions, (iii) it is not anchored exclusively to appellate case reports and
other traditional legal sources for its data, and (iv) it invariably involves the use of research
perspectives, research designs, conceptual frameworks, skills, and training not peculiar to law
trained personnel.15
BASIC TOOLS
There are several ways of collecting empirical data for social-legal research. The basic tools of
data collection for a socio-legal research, thus, are: (i) interview, (ii) questionnaire, (iii)
schedule, (iv) interview guide, (v) observation, participant or non-participant, and (vi)
published or unpublished materials (such as Census Reports, Reports of Governmental and/or
Non-Governmental Agencies, and appropriate literature on sociology of law). The first four
methods of data collection are ‘primary sources’ of empirical data as they are used in getting
the required information ‘directly’ from the respondents. While the last one is ‘secondary
source’ of information as the researcher collects the necessary information ‘indirectly’ from
published and/or unpublished documents. Further, ‘interview’ and ‘schedule’ involve direct
‘oral communication’ between the information-giver (respondent) and the information-seeker
(investigator), while ‘questionnaire’ involves ‘written communication’ between the researcher
and his respondents. In ‘observation’, unlike in interview, schedule and questionnaire, the
researcher uses his ‘eyes’, rather than ears, for collecting data. Hence, it is a ‘visual method’ of
data collection.
1. Interview, a verbal technique of data collection, may be structured or unstructured. The
former involves the use of a set of pre-determined questions and highly standardized
technique of recording responses thereto. . Interview is the most commonly used
method of data collection in the study of human behavior. It is regarded as ‘a systematic
method by which a person enters more or less imaginatively into the life of a
comparative stranger’. 86Interview is the most effective method of gaining information
about a person’s perceptions, beliefs, feelings, attitudes, opinions, motivations,
anticipations or plans. It also enables the interviewer to further authenticate the
information flowing from the respondent by observing his facial reactions and other
gestures during his narration.
Further, it, as outlined here below, has its own limitations:
One of the limitations of the interview is the involvement of the individual in the data he is
reporting and the consequent likelihood of bias. Even if we assume the individual to be in
possession of certain facts, he may withhold or distort them because to communicate them is
threatening or in some manner destructive to his ego. Thus, extremely deviant opinions and
behavior, as well as highly personal data, have long been suspect when obtained by personal
interviews---. Another limitation on the scope of the interview is the inability of the respondent

15
Ernest M Jones, Some Current Trends in Legal Research, supra n 17.

12
to provide certain types of information ---. Memory bias is another factor which renders the
respondent unable to provide accurate information.16
2. Questionnaire is that method of data collection in which a number of typed or printed
pre-determined questions are used for collecting data. It is usually mailed to the
respondents with a request to respond the questions in the space provided therefor and
to send it back to the investigator. d. The questions may be open-ended, close-ended,
mixed or pictorial.
3. interview guide contains only the topic or broad headings on which the questions are to
be asked to the respondents. The researcher formulates questions on these topics on the
spot and records the responses thereto. Interview guide is generally used in case of
qualitative or in-depth interviews.
4. Observation, which involves a visual method of data collection, becomes a scientific
method of data collection if it, in the context of subject-matter of inquiry, is planned
systemically, recorded systematically, and is subjected to checks and controls on
validity and reliability. Observation may be participant or non-participant. In the
former, the investigator mingles with the respondents to observe and record a
phenomenon. While in the latter, he observes and records a phenomenon from distance.
5. Published or unpublished documents/reports may also serve as useful sources of
information requisite for a socio-legal research. However, the investigator needs to
carefully scrutinize the information and to ensure himself about reliability and adequacy
of the data before he uses the information in his inquiry.
ADVANTAGE OF EMPIRICAL RESEARCH
1. Social-legal research unveils the 'gaps' between legislative goals and social reality,
portraying the true dynamics of 'law-in-action.' It specifically highlights disparities in
the practices of law enforcers and the utilization of the law by its intended beneficiaries.
This research method explores reasons behind regulatory bodies' inactivity, revealing
the factors hindering effective law enforcement and beneficiaries' limited use of the
law. Through empirical analysis, it exposes underlying factors, such as unawareness or
fear, preventing individuals from seeking legal redress and sheds light on operational
'bottlenecks' in law implementation.
2. In the modern welfare state, non-doctrinal legal research gains significance as it aligns
with the vision of socio-economic transformation through law, viewing law as a tool
for achieving socio-economic justice. Employing empiricism, socio-legal research
evaluates the 'role and contribution of law' in realizing intended social consequences,
examining its impact on social values, outlook, and attitudes toward contemplated
changes. It identifies factors impeding the law from achieving its goals, highlighting
impediments and challenges.
3. In continuity of what has been said in firstly and secondly above, nondoctrinal legal
research provides an ‘expert advice’ and gives significant feedback to the policy-
makers, Legislature, and Judges for better formulation, enforcement and interpretation
of the law.

Cannell and Kahn, The Collection of Data by Interviewing, in Leon Festinger and Daniel Katz (eds), Research
16

Methods in the Behavioral Sciences (Amerind Publishing Co., New Delhi, 1953) 330-331.

13
4. socio-legal research renders an invaluable help in ‘shaping’ social legislations in tune
with the ‘social engineering’ philosophy of the modern state and in ‘making’ them more
effective instruments of the planned socio-economic transformation.
DISADVANTAGES OF EMPIRICAL RSEARCH
Though socio-legal research has great potentials, yet a few limitations17 thereof need to
mention here to put its role in the right perspective. A few significant are outlined below.
1. non-doctrinal legal research is extremely time consuming and costly as it requires a lot
of time for collecting the required information from field. Further, it calls for additional
training in designing and employing tools of data collection and entails greater
commitments of time and energy to produce meaningful results, either for policy-
makers or theory-builders.18
2. socio-legal research, as explained earlier, needs a strong base of doctrinal legal
research. A legal scholar who is weak in doctrinal legal research cannot handle non-
doctrinal legal research in a meaningful way. It may turn out to be a futile exercise
leading to no significant results.
3. the basic tools of data collection, namely interview, questionnaire, schedule and
observation, are not simple to employ. They require specialized knowledge and skill
from the stage of planning to execution. Each one of them is bridled with a number of
difficulties. A way out, therefore, seems to be an interdisciplinary approach in
investigating legal problems. However, inter-disciplinary legal research has its own
difficulties and limitations.
4. Public opinion significantly shapes the content and structure of law, while law, in turn,
aims to influence public opinion and social values. Non-doctrinal legal researchers may
find it challenging to precisely predict the direction of law based on sociological data.
In such cases, reliance on the maturity, intuition, and experience of the researcher may
be necessary, and there may be informal value in sociological research for decision-
makers.
5. sometimes, because of complicated social, political and economic settings and varied
multiple factors a socio-legal researcher may again be thrown back to his own ideas,
prejudices and feelings in furnishing solutions to certain problems.
6. Socio-legal research becomes inadequate and inapt where the problems are to be solved
and the law is to be developed from case to case (like in administrative law and law of
torts).
CONCLUSION
May be due to some of these limitations of socio-legal research, coupled with some other non-
conducive situations for non-doctrinal legal research, scholars of law and legal academia, in
the past, have not contributed significantly to non-doctrinal legal research. In fact, they have,
due to different professional priorities,19 not ventured into socio-legal research. Future trend

17
S N Jain, Doctrinal and Non-Doctrinal Legal Research, supra n 16.
18
International Legal Center for Law in Development (Research Advisory Committee on Law and Development),
Report on Law and Development 10 (New York, 1974).
19
The key professional priorities of law teachers that have kept them away from socio -legal research are:
obsessive pre-occupation in teaching, preparation of teaching materials and casebooks for monetary and

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seems to be equally bleak. They are not well-trained in the techniques and nuances of socio-
legal research. This lack of training has made them to be away from non-doctrinal legal
research and developed a somewhat professionally unfavorable climate for socio-legal
research. Further, law schools and legal academia lack the aptitude for, and tradition of,
sustaining non-doctrinal legal research. Doctrinal legal research, for a variety of reasons,
plausibly including the inability and inaptitude of legal scholars to undertake socio-legal
research, has been (and is still) prominent in the field of law .Doctrinal legal research more
prominent in the field of law is the historical and traditional influence of analytical positivism
on law and lasting influence of overseas (American and British) legal training of academia,
lawyers and judges. This kind of concern tended to identify ‘law’ and ‘a legal order’ only with
those elements which are statable in the form of legal propositions.20 Modern legal systems,
particularly in common law, allow for judicial creativity due to inherent imperfections in
statutory language. Ambiguities and gaps necessitate judicial discretion, leading to the
evolution of legal principles, doctrines, and concepts.

CASE LAWS
• Manipal Academy Of Higher ... vs Union Of India & Anr.21
The applicant, within the ambit of MAHE, failed to conclusively establish eligibility for
approval under section 35(1)(ii) of the Act, as certain institutions lacked substantial
involvement in scientific research. The document submission and responses indicated a lack of
structured research activities across all institutions. Clinical trial activities, devoid of empirical
research elements, were considered ineligible. The applicant's failure to provide specific
breakdowns and relevant documents hindered the establishment of satisfactory explanations
for alleged research activities, leading to the conclusion that not all institutions qualified for
approval.

• State Of Punjab vs Shiv Ram & Ors

Female sterilization methods, including laparoscopic procedures, present inherent risks, with
occlusion errors, especially in inexperienced surgeons, such as mistakenly targeting the round
ligament. Medical science acknowledges various sterilization techniques, each with its own
complexities and success rates. No method ensures 100% efficacy, and failures may be
attributed to natural body functions rather than surgeon error. Authoritative texts and empirical
research recognize failure rates of 0.3% to 7%, emphasizing the absence of foolproof methods
except for uterine removal, a drastic measure advisable only for non-family planning purposes.
• P. N. Eswara Iyer vs The Registrar, Supreme Court Of ...22
During legal proceedings, counsel queried the lack of empirical research supporting
assumptions in an amendment, questioning the absence of data on wasted court review time
and related aspects. Acknowledging the deficiency in scientific research preceding legislation
in the country, the text emphasizes the dearth of juristic research on court management and

professional gains, and tendering advice to their clients. See, Ernest M Jones, Some Current Trends in Legal
Research, supra n 17.
20
See, Julius Stone, Social Dimension of Law and Justice (Stanford University, Stanford, 1966), chap 1.
21
W.P.(C) 9996/2015
22
1980 SCR (2) 889

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judicial time maximization. The judges' experiential evidence and decisions on review petitions
compensate for the lack of empirical research.

INTER-RELATION BETWEEN DOCTRINAL AND EMPIRICAL LEGAL

RESEARCH
Doctrinal and non-doctrinal legal research diverge in emphasis rather than exclusivity.
Doctrinal research's primary objective is to clarify, position, and enhance law, utilizing legal
materials like statutes and cases. In contrast, non-doctrinal research prioritizes understanding
law's social dimension and impact on societal attitudes, emphasizing social auditing and
drawing from diverse fields such as sociology. Rather than being mutually exclusive, these
approaches complement each other. Non-doctrinal research serves as a valuable supplement to
doctrinal research, recognizing that theoretical research lacking empirical content is hollow,
and empirical work without theoretical support is shallow. Both are integral to a comprehensive
understanding of law, acknowledging the symbiotic relationship between theoretical depth and
empirical insights in legal research, thereby enriching the overall comprehension and analysis
of legal principles, doctrines, and their societal implications.

CONCLUSION
In conclusion, the techniques of legal research are crucial tools for legal professionals, scholars,
and students alike. The multifaceted nature of legal issues demands a systematic and
comprehensive approach to research. Primary sources, such as statutes and case law, provide
the foundational elements, offering insight into legal principles and precedent. Secondary
sources, including legal treatises and academic articles, supplement understanding by offering
critical analyses and interpretations. The advent of digital technology has transformed legal
research, providing unprecedented access to vast databases and archives. Online platforms,
legal databases, and search engines enhance efficiency and enable researchers to navigate a
plethora of legal materials swiftly. However, it is imperative to approach digital resources with
discernment, ensuring their reliability and authenticity. Effective legal research involves
mastering the art of Boolean searches, employing keywords strategically, and understanding
authorities, ensuring that researchers are apprised of any subsequent modifications or
overrulings . Ultimately, legal research is an evolving discipline, necessitating adaptability and
continuous learning. As the legal landscape evolves, researchers must stay abreast of legislative
changes, emerging case law, and shifting judicial interpretations. Rigorous and well-executed
legal research not only strengthens legal arguments and decisions but also underpins the
integrity and efficacy of the entire legal system.

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BIBLIOGRAPHY
BOOKS
• S N Jain, Doctrinal and Non-doctrinal Legal Research, 17 JILI 516 (1975).
• S K Verma and M Afzal Wani (eds), Legal Research and Methodology (2nd edn, 2001,
Indian Law Institute, New Delhi) 68.
• DR. S.R. MYNENI, LEGAL EDUCATION AND RESEARCH METHADOLOGY,
Allahabad law agency, eight edition ,2023.
• C.R. Kothari, Research Methodology: Methods and Techniques (New Delhi: Wiley
Eastern Ltd., 1985).
WEBSITES
• https://legalvidhiya.com/techniques-of-legal-research
• https://chilot.files.wordpress.com/2011/06/legal-research-methods.pdf
• https://www.academia.edu/38460017/Legal_Research_and_Methodology_pdf
• https://legalvidhiya.com/techniques-of-legal-research
• https://searchworks.stanford.edu/view/9200773
• https://ccsuniversity.ac.in/bridge-library/pdf/Research-Methodology-CR-
Kothari.pdf
• https://indiankanoon.org

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